Water Industry Act 1991

Section 91.

SCHEDULE 7 Pre-1985 Fluoridation Schemes

Operation of pre-1985 schemes

1 (1) Where in pursuance of any such arrangements entered into by a water authority or statutory water company before 20th December 1984 as have effect immediately before the coming into force of this Act as arrangements entered into by a water undertaker—

(a) a scheme for increasing the fluoride content of water supplied by the authority or company in any part of England and Wales was in operation immediately before that date; or

(b) work had been begun by the authority or company before that date for enabling such a scheme to be brought into operation,

that water undertaker may, while the conditions mentioned in sub-paragraph (2) below are satisfied, operate the scheme.

(2) The conditions referred to in sub-paragraph (1) above are that the arrangements require—

(a) fluoridation to be effected only by the addition of one or more of the compounds of fluorine mentioned in subsection (4) of section 87 of this Act; and

(b) the concentrations of fluoride in the water supplied to consumers to be maintained, so far as reasonably practicable, at one milligram per litre.

Supplies by other undertakers and revocation or variation of scheme

2 (1) Where a water undertaker is operating a fluoridation scheme by virtue of this Schedule—

(a) subsections (6) and (7) of section 87 of this Act shall apply in relation to the scheme as they apply in relation to any scheme operated in exercise of the power conferred by that section or section 1 of the [1985 c. 63.] Water (Fluoridation) Act 1985;

(b) the scheme shall cease to have effect upon the appropriate authority giving to the undertaker reasonable notice of the authority’s desire to terminate it; and

(c) the arrangements under which the scheme is operated may be varied to take account of any amendment of section 87(2) of this Act which is made under section 88 of this Act.

(2) In this paragraph “appropriate authority”, in relation to a fluoridation scheme which is operated under this Schedule, means the Regional or District Health Authority to which the water undertaker concerned is answerable in accordance with the arrangements under which the scheme is operated.

Publicity and consultation

3 (1) Section 89 of this Act (including the power of the Secretary of State under subsection (6) of that section to dispense with the other requirements of that section) shall apply where a District Health Authority propose to terminate a scheme which may be operated by virtue of this Schedule as it applies where such an authority propose to withdraw an application under section 87 of this Act.

(2) Accordingly, in subsection (7) of section 89 of this Act, the reference to the question whether an application under section 87 of this Act should be withdrawn shall be treated by virtue of sub-paragraph (1) above as a reference to whether a scheme should be terminated under this Schedule.