Regulation 9 Capital works: design and execution
Subject to paragraph (3) below arrangements shall provide that the water authority may require the relevant authority to seek the views of the water authority about the skill, experience and resources—
of any person who the relevant authority propose should design any sewerage works involving expenditure of a capital nature, to design those works; and
of any person who the relevant authority propose should carry out any such works, to carry them out.
In this regulation “person” includes the relevant authority.
Subject as aforesaid arrangements shall further provide that if the water authority consider that a person who the relevant authority propose should design or carry out any such works as are mentioned in paragraph (1) does not have the skill, experience and resources necessary for the purpose of designing or carrying out the works efficiently, they shall so advise the relevant authority by notice in writing as soon as reasonably practicable; and that where such notice is given with reasonable cause (and not withdrawn) the water authority shall be under no obligation—
if the notice was given in relation to such a person as is mentioned in paragraph (1)(a) and the works are nonetheless designed by that person, to reimburse the costs and expenses of the relevant authority in relation to the designing and carrying out of those works; or
if the notice was given in relation to such a person as is mentioned in paragraph (1)(b) and the works are nonetheless carried out by that person, to reimburse the costs and expenses of the relevant authority in relation to the carrying out of those works.
Nothing in paragraph (1) or (2) above shall prevent the inclusion in arrangements of provision for varying the effect of those paragraphs, or either of them, if the parties to the arrangements agree that it would be expedient to do so in the interests of securing that the water authority's sewerage functions are carried out efficiently.