(1)The construction of a desalination plant is within section 14(1)(na) only if—
(a)the desalination plant (when constructed) will be in England or in waters adjacent to England up to the seaward limits of the territorial sea,
(b)the construction will be carried out by one or more water undertakers, and
(c)the deployable output of the desalination plant is expected to exceed 80 million litres per day.
(2)The alteration of a desalination plant is within section 14(1)(na) only if—
(a)the desalination plant is in England or in waters adjacent to England up to the seaward limits of the territorial sea,
(b)the alteration will be carried out by one or more water undertakers, and
(c)the additional deployable output of the desalination plant as a result of the alteration is expected to exceed 80 million litres per day.
(3)“Water undertaker” means a company appointed as a water undertaker under the Water Industry Act 1991.]
Textual Amendments
F1S. 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)