[F189ConsultationE+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 the appropriate authority; and
(b)comply with the requirements set out in regulations made by the appropriate 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 relevant authorities are 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 the appropriate 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
F1S. 89 substituted (18.2.2005 for E. for specified purposes, 1.8.2008 for E. for further specified purposes and 25.2.2009 for E. insofar as not already in force) by Water Act 2003 (c. 37), ss. 58(5), 105(3); S.I. 2005/344, art. 2; S.I. 2008/1922, art. 2(b)(c); S.I. 2009/359, arts. 2(c) (with saving in art. 3, Sch.)