C2C3C4 Part III WATER SUPPLY

Annotations:
Modifications etc. (not altering text)
C2

Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).

C3

Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).

C5 CHAPTER IV FLUORIDATION

Annotations:
Modifications etc. (not altering text)
C5

Pt. 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)

C1F187C5 Fluoridation of water supplies

1

If requested in writing to do so by a relevant authority, a water undertaker shall enter into arrangements with the relevant authority to increase the fluoride content of the water supplied by that undertaker to premises within the area specified in the arrangements.

2

But a water undertaker shall not be required by subsection (1) above to enter into any such arrangements until an indemnity with respect to the arrangements has been given by virtue of section 90 below—

a

to the water undertaker; and

b

to any licensed water supplier which is entitled to one.

3

In this section and the following provisions of this Chapter—

a

references to a relevant authority—

F5i

in relation to areas in England, are to a Strategic Health Authority established under F2section 13 of the National Health Service Act 2006 ;

F5i

in relation to areas in England, are to the Secretary of State;

ii

in relation to areas in Wales, are to the Assembly; and

b

references to water supplied by a water undertaker are to water supplied (whether by a water undertaker or a licensed water supplier) to premises using the supply system of that undertaker.

F33A

The Secretary of State may make a request under subsection (1) only if the Secretary of State is required to do so by section 88G(2) (following the making of a fluoridation proposal in accordance with section 88B).

4

The area specified in arrangements under this section may be—

F6a

in relation to England, the whole or any part of the area of the Strategic Health Authority in question;

F6a

in relation to England, such area as the Secretary of State considers appropriate for the purpose of complying with section 88G(2);

b

in relation to Wales, such area comprising the whole or any part of Wales as the Assembly may determine.

5

The arrangements shall be on such terms as may be agreed between the relevant authority and the water undertaker or, in the absence of agreement, determined in accordance with section 87B below.

6

Those terms shall include provision—

a

requiring the relevant authority to meet the reasonable capital and operating costs incurred by the water undertaker in giving effect to the arrangements;

b

specifying circumstances in which the requirement to increase the fluoride content may be temporarily suspended; and

c

for the variation of the arrangements at the request of the relevant authority.

7

The relevant authority shall consult the Authority in relation to the terms to be included in any arrangements under this section (in particular, terms which affect the operation of the water undertaker’s supply system).

F47A

The Secretary of State must, in relation to the terms to be included in any arrangements under this section, consult any local authority whose area includes, coincides with or is wholly or partly within the specified area.

7B

In this section and the following provisions of this Chapter “local authority” means—

a

a county council in England;

b

a district council in England, other than a council for a district in a county for which there is a county council;

c

a London borough council;

d

the Common Council of the City of London.

8

F8If two or more relevant authorities request a particular water undertaker to enter into arrangements in respect of adjoining areas—

a

the authorities shall co-operate with each other so as to secure that the arrangements (taken together) are operable and efficient; and

b

if suitable terms are not agreed for all the arrangements, a combined reference may be made by the relevant authorities under section 87B below to enable the terms of each set of arrangements to be determined so that they are consistent.

9

F8If a relevant authority requests a water undertaker to vary arrangements, the authority shall co-operate with any relevant authority for an adjoining area which has entered into arrangements with the same water undertaker so as to secure that following the variation the arrangements (taken together) will be operable and efficient.

10

F8If suitable terms are not agreed for a variation mentioned in subsection (9), a combined reference may be made by the relevant authorities under section 87B below to enable the terms of the variation to be determined so that (following the variation) both sets of arrangements are consistent.

11

Before carrying out the consultation required by subsection (1) of section 89 below in relation to a step mentioned in paragraph (a), (b) or (c) of subsection (2) of that section, F7a relevant authorityF7the Welsh Ministers shall consult the water undertaker in question as to whether the arrangements which would result from taking that step would be operable and efficient (or, where it is proposed to terminate the arrangements, as to whether it would be reasonably practicable to do so).