Section 28A Desalination plantsF1
The construction of a desalination plant is within section 14(1)(na) only if—
the desalination plant (when constructed) will be in England or in waters adjacent to England up to the seaward limits of the territorial sea,
the construction will be carried out by F2, or by a person appointed by, one or more water undertakers, and
the deployable output of the desalination plant is expected to exceed 80 million litres per day.
The alteration of a desalination plant is within section 14(1)(na) only if—
the desalination plant is in England or in waters adjacent to England up to the seaward limits of the territorial sea,
the alteration will be carried out by F3or by a person appointed by, one or more water undertakers, and
the additional deployable output of the desalination plant as a result of the alteration is expected to exceed 80 million litres per day.
“Water undertaker” means a company appointed as a water undertaker under the Water Industry Act 1991.
In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.
Annotations
Textual amendments
- F1
S. 28A inserted (9.1.2019) by The Infrastructure Planning (Water Resources) (England) Order 2019 (S.I. 2019/12), arts. 1(1), 2(5) (with arts. 3-5)
- F2
Words in s. 28A(1)(b) inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 3(4)(a), 118(1)(b) (with ss. 3(5)(6), 116)
- F3
Words in s. 28A(2)(b) inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 3(4)(b), 118(1)(b) (with ss. 3(5)(6), 116)
- F4
S. 28A(4) inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 3(4)(c), 118(1)(b) (with ss. 3(5)(6), 116)