[F190 Indemnities in respect of fluoridation.E+W
(1)The Secretary of State may, with the consent of the Treasury, agree to indemnify any water undertaker in respect of liabilities which it may incur in complying with arrangements entered into by it pursuant to section 87(1) above.
(2)The Secretary of State may also, with the consent of the Treasury, agree to indemnify any [F2water supply licensee] in respect of liabilities which [F3the licensee] may incur—
(a)in supplying water to which fluoride has been added by a water undertaker by virtue of any such arrangements;
(b)(if the licensee is introducing water into the water undertaker’s supply system) in complying with any obligation imposed on [F3the licensee] by the undertaker in consequence of the arrangements.
(3)The Secretary of State may by regulations make provision with respect to—
(a)the matters in respect of which an indemnity may be given under subsection (1) or (2) above;
(b)the form and terms of any such indemnity; and
(c)such ancillary matters as he sees fit.]
Textual Amendments
F1Ss. 90, 90A substituted for s. 90 (18.2.2005 (E.) for specified purposes and 25.2.2009 (E.) insofar as not already in force) by Water Act 2003 (c. 37), ss. 58(6), 105(3); S.I. 2005/344, art. 2; S.I. 2009/359, art. 2(c) (subject to art. 3, Sch.)
F2Words in s. 90(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 78(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F3Words in s. 90(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 78(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
Modifications etc. (not altering text)
C1Pt. 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)