Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government whether they will publish (1) the list of consultees for the draft Construction Contracts (England) Exclusion Order 2022, and (2) the list of projects excluded by this draft Order and their respective cost estimates.

A consultation took place with relevant construction industry and water sector stakeholders. Those consulted included construction trade and legal associations, individual contractor companies, consultancies, water utility companies and other government departments. A number of individual responses were also received. Consultees included:

• Addleshaw Goddard LLP
• Ashurst LLP
• Balfour Beatty
• BAM Construction
• Build UK
• Civil Engineering Contractors Association
• CMS LLP
• Construction Law Society
• Construction Leadership Council Business Models Contractual Working Group
• Costain
• Crown Commercial Services
• Deloitte
• Diamond Transmission
• EY
• Infrastructure Projects Authority
• KMPG
• National Grid ESO
• Severn Trent Water
• Southern Water
• Transmission Investment / Amber Infrastructure
• United Utilities
• Water UK Roundtable – Yorkshire Water, South West Water, Welsh Water, United Utilities.

In addition, engagement was undertaken with each Devolved Administration.

No projects are either included or excluded by the design of this measure, but to benefit from the Exclusion Order they would need to be consistent with the provisions of the statutory instrument. Projects designated for delivery by way of Direct Procurement for Customers (DPC) need to satisfy various selection criteria including, that the estimated whole-life totex (i.e. capital expenditure plus operations and maintenance costs) of the project is likely to exceed a threshold (currently set at £100m), and that delivering the project via DPC has the potential to offer best value for money for customers compared to delivery by the relevant water undertaker.