[F188EDecision on fluoridation proposalE+W
(1)This section applies where—
(a)a fluoridation proposal is made,
(b)the Secretary of State is of the opinion that the arrangements which would result from implementing the proposal would be operable and efficient,
(c)in a case where section 88D applies, the conditions prescribed under subsection (4)(b) of that section are satisfied, and
(d)the proposer wishes to take further steps in relation to the proposal.
(2)The proposer must comply with such requirements as may be prescribed in regulations made by the Secretary of State as to the steps to be taken for the purposes of consulting and ascertaining opinion in relation to the proposal.
(3)The proposer may (after any requirements imposed by regulations under subsection (2) have been complied with) modify the proposal.
(4)But the proposal may not be modified so as to extend the boundary of any area to which it relates, or to add another area, except in circumstances prescribed in regulations by the Secretary of State.
(5)The proposer must (after any requirements imposed by regulations under subsection (2) have been complied with) decide whether to request the Secretary of State to make such requests under section 87(1) as are necessary to implement the proposal.
(6)The Secretary of State may by regulations make provision—
(a)as to factors which the proposer must or may take into account in making the decision mentioned in subsection (5);
(b)as to the procedure to be followed by the proposer in exercising functions under or by virtue of subsection (2) or (5).]
Textual Amendments
F1Ss. 88B-88O inserted (27.3.2012 for specified purposes, 1.4.2013 for E. in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 36, 306(1)(d)(2)(3) (with s. 37(3)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Modifications etc. (not altering text)
C1Pt. 3 Ch. 4 modified (1.4.2013 for E.) by Health and Social Care Act 2012 (c. 7), ss. 37(1), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)