C1C2Part III WATER SUPPLY

Annotations:
Modifications etc. (not altering text)
C1

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

C2

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).

CHAPTER IV FLUORIDATION

F189Consultation

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.