Commentary on provisions of the Act Nominated undertaker and other Phase One function-holders Section 45: Nominated undertaker
Subsection (1) gives the Secretary of State the power to nominate, by means of an order, a ‘nominated undertaker’ to carry out some or all of the works, scheduled and ancillary, authorised by the Act.
	Subsection (2) provides that, in the absence of a designated nominated undertaker for any provision of this Act, the Secretary of State is deemed to be the nominated undertaker for that provision. This is to allow for situations that may arise where no nominated undertaker has been appointed or there is a delay between a nomination ceasing to have effect (for example, because an agreement has been terminated) and the Secretary of State making a nomination in favour of another person.
	Subsection (3) allows the Secretary of State to restrict the discretionary exercise of the power granted by subsection (1). This is to provide for the Secretary of State to be able to make contractual agreements prior to the nomination of a person or body as the nominated undertaker.
	Subsection (4) allows the Secretary of State, through an order, to modify any provisions of the Act that refer to the Secretary of State, for cases where modifications are needed in consequence of the Secretary of State’s having the functions of the nominated undertaker.