[F191 [F2Old Welsh fluoridation arrangements: transitional provision]E+W
(1)With effect from the appointed day, [F3old Welsh fluoridation arrangements] shall be treated for the purposes of this Chapter as if they were arrangements entered into by the water undertaker in question with the [F4Welsh Ministers] under section 87(1) above.
(2)The [F5Welsh Ministers] may request such modifications to the arrangements as it considers necessary in order to give effect to subsection (1) above, for example to insert the terms mentioned in section 87(6) above.
(3)If the [F6Welsh Ministers] and the water undertaker fail to agree the modifications requested by [F7the Welsh Ministers]—
(a)subsection F8... (3) or, as the case may be, (4) of section 87B above shall apply as if the parties had failed to agree the terms of arrangements requested under section 87(1) above; and
(b)following determination of the modifications—
(i)the [F6Welsh Ministers] shall give notice of the determination to the water undertaker; and
(ii)the arrangements shall be deemed to have been modified as so determined with effect from the day after the date of the notice.
(4)Sections 87(11) and 89(1) above (which relate to consultation) shall not apply to the deemed entry into, and modification of, arrangements by virtue of this section.
(5)References in this Chapter to arrangements entered into under section 87(1) above shall include arrangements treated as entered into by a water undertaker by virtue of subsection (1) above.
(6)In this section—
“the appointed day” means the day on which section 58 of the Water Act 2003 comes into force [F9in relation to Wales]; and
[F10“old Welsh fluoridation arrangements” means arrangements, other than arrangements mentioned in section 90B(6), in pursuance of which a scheme for increasing the fluoride content of water was being operated by a water undertaker by virtue of paragraph 1 of Schedule 7 to this Act immediately before the appointed day.]]
Textual Amendments
F1S. 91 substituted (26.3.2010 for E.) by Water Act 2003 (c. 37), ss. 58(7), 105(3); S.I. 2010/975, art. 2(a)
F2S. 91 heading substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(a), 186(6); S.I. 2022/1003, reg. 3(b)
F3Words in s. 91(1) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(b)(i), 186(6); S.I. 2022/1003, reg. 3(b)
F4Words in s. 91(1) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(b)(ii), 186(6); S.I. 2022/1003, reg. 3(b)
F5Words in s. 91(2) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(c), 186(6); S.I. 2022/1003, reg. 3(b)
F6Words in s. 91(3) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(d)(i), 186(6); S.I. 2022/1003, reg. 3(b)
F7Words in s. 91(3) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(d)(ii), 186(6); S.I. 2022/1003, reg. 3(b)
F8Word in s. 91(3)(a) omitted (1.11.2022 for E.) by virtue of Health and Care Act 2022 (c. 31), ss. 176(3)(d)(iii), 186(6); S.I. 2022/1003, reg. 3(b)
F9Words in s. 91(6) inserted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(e)(i), 186(6); S.I. 2022/1003, reg. 3(b)
F10Words in s. 91(6) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 176(3)(e)(ii), 186(6); S.I. 2022/1003, reg. 3(b)
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)
C2S. 91 excluded (1.4.2013 for E.) by virtue of Health and Social Care Act 2012 (c. 7), ss. 37(4), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)