The Water Act 2003 (Commencement No. 8) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force further provisions of section 58 of the Water Act 2003 (“the Act”) and related consequential amendment and repeal.

Section 58 of the Act makes amendments to provisions of the Water Industry Act 1991 (“the 1991 Act”) relating to fluoridation of water supplies.

Section 58 of the Act is in force, in relation to England, for limited purposes only: first, for the purpose of enabling the Secretary of State to make regulations on the consultation process which relevant authorities will have to follow before requesting water undertakers to enter into fluoridation arrangements or varying or terminating them. Secondly, section 58 of the Act is in force for the purpose of enabling the Secretary of State to make regulations in relation to indemnifying water undertakers and licensed water suppliers for liabilities they may incur in complying with arrangements for fluoridation.

This Commencement Order commences, in particular—

(a) Section 58(2) of the Act which substitutes section 87(3)(a)(i) and (11) (fluoridation of water supplies at request of relevant authorities) of the 1991 Act.

(b) section 58(5) of the Act which substitutes section 89(2)(a) of the 1991 Act (consultation); and in so far as not already in force section 89(1), (3) and (5)(b) of the 1991 Act.

This Order only applies in relation to England.