Water Industry — House of Commons, 2020-06-10
Topic: Environment
Rebecca Faye Clark (Pow) (Conservative, Centre-right): I beg to move, That the draft Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2020, which were laid before this House on 28 April, be approved Mr Speaker—no, Madam Deputy Speaker. I got that completely wrong before I had even started. I apologise The instrument before the House is a simple amendment to the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 to remove the sunsetting provision. That would allow the 2013 regulations to continue in force and to be available as part of the regulatory framework of the water industry. Without this SI, the 2013 regulations would expire on 27 June 2020. Before I talk a little further about the Government’s reasons for bringing forward this amending SI, I wish to outline the purpose of the 2013 regulations Water and sewerage services in England are provided by companies known as undertakers. The 2013 regulations were designed to help contain and minimise the risks associated with large or complex water or sewerage infra- structure projects, thereby helping to protect undertakers, their customers and UK taxpayers. Containing and minimising risks is likely to reduce the overall cost of borrowing for a given water undertaker and so ensure better value for money for that undertaker’s customers. It also makes sure that delivery of such infrastructure projects will not adversely impact on the existing water or sewerage services provided by undertakers The 2013 regulations enable the Secretary of State or Ofwat to specify, by notice, an infrastructure project where either is satisfied that two conditions had been met. The first is that the infrastructure project is of a size or complexity that threatens an undertaker’s ability to provide services to its customers. The second condition is that specifying the project would likely result in better value for money than if the project was not so specified, taking into account charges to customers and any Government financial assistance. A good example of this, just to set this all in context, is the Thames Tideway Tunnel, which meets both of those conditions Once specified, an undertaker is required to put the infrastructure project out to tender and a separate Ofwat regulated infrastructure provider is then designated to finance and deliver the project. Such infrastructure projects raise many complex issues, particularly around determining the cost of their financing, coupled with the construction risk that is far greater than that normally associated with an undertaker’s typical capital investment Requiring an undertaker to tender competitively for an infrastructure provider for a large or complex project provides an objective means of testing whether the financing costs of such a project are appropriate and reasonable. Without the tendering process, competitively determining the cost of capital for this type of infrastructure project would not be possible. The ability to create Ofwat-regulated infrastructure providers also helps to ring fence their associated higher risks and should result in more effective risk management for these projects. Creating designated infrastructure providers in this way means that a large or complex infrastructure project will not affect the ability of an undertaker to provide its day-to-day services for its customers and avoids any resultant extra costs that would ultimately be borne by their customers—in other words, the people using the water.