Regulations under section 36A may—
allow the Minister to specify one or more infrastructure projects which must be put out to tender;
allow the Authority to specify one or more infrastructure projects which must be put out to tender;
allow the Minister to delegate the power under paragraph (a) to the Authority.
The regulations must prohibit a water undertaker or sewerage undertaker from undertaking an infrastructure project which is to be put out to tender in accordance with the regulations.
But the regulations may permit or require a water or sewerage undertaker to undertake preparatory work of a specified kind or for a specified purpose.
The regulations must make provision about the extent to which companies associated with a water undertaker or sewerage undertaker (as defined by the regulations) are permitted to bid in a tender process.
The regulations must specify the procedure to be followed in a tender process; in particular, the regulations—
may require the undertaker to consult the Authority or the Minister about the terms on which an infrastructure project is put out to tender;
may specify factors to be taken into account in considering bids;
must provide for the water or sewerage undertaker responsible for the tender process to determine which bid to accept (if any).