12. When deciding under section 88L(7) of the 1991 Act whether to request the Secretary of State to request the water undertaker to vary the section 87(1) arrangements or (as the case may be) give notice under section 87C(7) of the 1991 Act(1) to the water undertaker to terminate the arrangements the proposer or joint committee (as the case may be) must—
(a)have regard to any representations made in relation to the variation or termination proposal in response to the consultation pursuant to regulation 11 with a view to assessing—
(i)the extent of support for the proposal, and
(ii)the strength of any scientific evidence or ethical arguments advanced in relation to the proposal;
(b)have regard to—
(i)any assessment of relevant needs prepared under section 116 of the Local Government and Public Involvement in Health Act 2007 in relation to the area of a local authority affected by the proposal, and
(ii)any joint health and wellbeing strategy published under section 116A of the Local Government and Public Involvement in Health Act 2007 by such a local authority;
(c)consider—
(i)the capital and operating costs which are likely to be incurred in giving effect to such variation of the arrangements as is specified in a variation proposal, or
(ii)the decommissioning and associated costs which are likely to be incurred in giving effect to the termination of the arrangements specified in a termination proposal; and
(d)consider any other available scientific evidence in relation to the variation or termination proposal, including any evidence of benefit to the health and wellbeing of individuals who would be affected by the proposal.
Section 87C is inserted by section 58(1) and (2) of the Water Act 2003.