[89Consultation ... E+W
(1)Before taking any step mentioned in subsection (2) below, [a relevant authority] shall—
(a)consult and ascertain opinion in accordance with regulations made by [that authority]; and
(b)comply with the requirements set out in regulations made by [that authority].
(2)The steps are—
(a)requesting a water undertaker to enter into arrangements under section 87(1) above;
(b)requesting a water undertaker to vary any such arrangements in, or except in, prescribed circumstances or cases;
(c)giving notice to a water undertaker under section 87C(7) above to terminate any such arrangements;
(d)maintaining any such arrangements in prescribed circumstances.
(3)Regulations—
(a)under paragraph (a) of subsection (1) above shall include provision about the process which [the relevant authority is] to follow for the purposes of that paragraph;
(b)under paragraph (b) of that subsection shall include provision about the requirements which must be satisfied (with respect to the outcome of that process or otherwise) before a step mentioned in subsection (2) above may be taken.
(4)Subsection (1) above shall not apply in relation to a proposal by [a relevant authority] to take the step mentioned in subsection (2)(c) above if [that authority so directs] by an instrument in writing (and such a direction may apply either generally or in relation to a particular proposal).
(5)[In this section “appropriate authority”—
(a)in a case where two or more relevant authorities (one of which is the Assembly) propose to request a particular water undertaker to take a step mentioned in subsection (2)(a), (b) or (c) in respect of arrangements in adjoining areas, means the Secretary of State and the Assembly acting jointly;
(b)in relation to England (except in a case to which paragraph (a) applies), means the Secretary of State; and
(c)in relation to Wales (except in a case to which paragraph (a) applies), means the Assembly.]]
Textual Amendments
Modifications etc. (not altering text)