C1C2C3C5C6 Part 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).

C5

Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C6

Pt. 3: functions etc. assigned to the port health authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

C4 CHAPTER IV FLUORIDATION

Annotations:
Modifications etc. (not altering text)
C4

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)

F189C4ConsultationF2:Wales

1

Before taking any step mentioned in subsection (2) below, F3a relevant authorityF3the Welsh Ministers shall—

a

consult and ascertain opinion in accordance with regulations made by F4the appropriate authorityF4the Welsh Ministers; and

b

comply with the requirements set out in regulations made by F4the appropriate authorityF4the Welsh Ministers.

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 F5relevant authoritiesF5the Welsh Ministers 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 F6a relevant authorityF6the Welsh Ministers to take the step mentioned in subsection (2)(c) above if F7the appropriate authority so directsF7the Welsh Ministers so direct by an instrument in writing (and such a direction may apply either generally or in relation to a particular proposal).

5

F8In 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.