The Water Fluoridation (Proposals and Consultation) (England) Regulations 2013

Prospective

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations supplement the provision for the fluoridation of water supplies which is made under Part 3 of the Water Industry Act 1991 (“the 1991 Act”). They impose procedural requirements on local authorities in the exercise of their functions in relation to the consideration of proposals for new fluoridation schemes, variation or termination of existing fluoridation schemes, or the maintenance of existing fluoridation schemes.

A local authority which makes a fluoridation proposal (a proposer) to increase the fluoride content of water must notify any other local authorities which may be affected by the proposal and give them relevant information to enable them to decide whether to vote in favour of further steps being taken in relation to the proposal (regulation 3). Subject to certain exceptions, the same procedure applies where a local authority makes a variation or termination proposal (regulation 9). In either case, further steps may be taken in relation to the proposal where there is a majority of 67 per cent or more among the authorities affected by the proposal in favour of the decision. The 67 per cent majority is determined in each case by reference to the proportion of individuals who would be affected by the proposal living in the authority’s area, in accordance with the relevant formula in the Schedule.

Part 3 of the Water Industry Act provides that where no other local authorities are affected by the fluoridation proposal or no other authority affected by the proposal wishes to participate in the determination of the proposal, the proposer must carry out a consultation on the fluoridation proposal and must decide whether to request the Secretary of State to implement the fluoridation proposal. Otherwise, the same functions will be exercised by a joint committee of the affected local authorities (see regulation 2 for the definition of a joint committee). The procedure for the proposer or the joint committee (as the case may be) to determine the fluoridation proposal is set out in regulations 5 and 6. The same position under the 1991 Act applies in relation to a variation or termination proposal. Regulations 11 and 12 set out the procedure for the proposer or the joint committee (as the case may be) to determine a variation or termination proposal. The decision made in relation to the fluoridation proposal and the variation or termination proposal respectively must be notified to the Secretary of State (regulations 8 and 14).

The Regulations make provision for the circumstances where there must be consultation on whether to maintain existing arrangements for fluoridation - i.e. where maintaining the scheme would involve upgrading or replacing a fluoridation plant, except where the purpose is to meet operational requirements or health and safety standards (regulation 18). The procedural arrangements for determining whether section 87(1) arrangements should be maintained are similar to the provision which is made under Part 3 of the 1991 Act for fluoridation and variation or termination proposals. The local authorities must consult and ascertain opinion on the proposal and make a decision on whether to propose to the Secretary of State that the arrangements be maintained (regulation 19 and 21). Where there is more than one local authority affected, the authorities must establish joint committee arrangements to carry out the regulation 19 functions (regulation 20). Where the decision is made not to propose that the fluoridation arrangements be maintained, the Secretary of State must give notice to the water undertaker to terminate those arrangements (regulations 23 and 24).

Fluoridation, variation or termination proposals and proposals to maintain section 87(1) arrangements which are determined by joint committee procedure require a majority vote of 67 per cent or more based on the relevant formula in the Schedule (regulations 7, 13 and 22).

Certain exceptions apply to the general procedural arrangements for variation or termination proposals. Regulation 15 provides that where a variation proposal does not concern the boundary of an area to which fluoridation arrangements relate or where it does concern the boundary of the area but the number of houses affected by the variation would be 20 per cent or less of the number of houses within the area, there is no requirement to consult or ascertain opinion under regulation 11 and the duty to establish a joint committee of the affected local authorities does not apply. Regulation 16 provides that, where the Secretary of State is satisfied that a significant risk to health has been identified in connection with the fluoridation of water, he may give notice to the water undertaker to terminate the arrangements without a termination proposal having being made. The minimum term between the making of termination proposals is twenty years (regulation 17).

The Water Fluoridation (Consultation) (England) Regulations 2005, which made provision for Strategic Health Authorities to exercise functions in relation to the arrangements for fluoridation schemes, are revoked (regulation 25).

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at http://transparency.dh.gov.uk/category/transparency/ias/ and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.