Water Industry Act 1991

89 Publicity and consultation. E+W

(1) This section applies where a [F1 Health Authority] propose to make or withdraw an application under section 87 above.

(2) At least three months before implementing their proposal the [F1 Health Authority] shall—

(a) publish details of the proposal in one or more newspapers circulating within the area affected by the proposal; and

(b) give notice of the proposal to every local authority whose area falls wholly or partly within that area.

(3) Before implementing the proposal the [F1 Health Authority] shall consult each of the local authorities to which they are required, by virtue of subsection (2)(b) above, to give notice of the proposal.

(4) The [F1 Health Authority] shall, not earlier than seven days after publishing details of the proposal in the manner required by subsection (2)(a) above, republish them in that manner.

(5) Where a [F1 Health Authority] have complied with this section in relation to the proposal they shall, in determining whether or not to proceed, have such regard as they consider appropriate—

(a) to any representations which have been made to them with respect to it; and

(b) to any consultations under subsection (3) above.

(6) The Secretary of State may direct that this section shall not apply in relation to any proposal of a [F1 Health Authority] to withdraw an application under section 87 above.

(7) Where, at any meeting of a [F1 Health Authority], consideration is given to the question whether the [F2 Health Authority] should make or withdraw an application under section 87 above, section 1(2) of the M1 Public Bodies (Admission to Meetings) Act 1960 (which allows the exclusion of the public in certain circumstances) shall not apply to any proceedings on that question.

(8) In this section “local authority” includes a county council.

Textual Amendments

F1 Words in s. 89 substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III para. 120(3)(a) (with Sch. 2 para. 6)

F2 Words in s. 89(7) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III para. 120(3)(b) (with Sch. 2 para. 6)

Marginal Citations

M1 1960 c. 67.