The Water Fluoridation (Proposals and Consultation) (England) Regulations 2013

Voting by a joint committee on a variation or termination proposal

13.—(1) Where, in the case of a joint committee exercising the relevant functions under section 88L(7) of the 1991 Act, the committee cannot unanimously agree the decision as to whether to request the Secretary of State to request the water undertaker to vary the arrangements or (as the case may be) to give notice to the water undertaker to terminate the arrangements (“the variation or termination decision”), the procedure specified in this regulation is to apply.

(2) The joint committee must vote on the variation or termination decision in accordance with paragraphs (3) and (4).

(3) The joint committee is to be deemed to have voted in favour of the decision where there is a majority vote of 67 per cent or more in favour of the decision.

(4) For the purposes of paragraph (3)—

(a) each local authority affected by the proposal is entitled to vote;

(b) each local authority entitled to vote is to be allocated a number of percentage points based on the proportion of individuals who would be affected by the variation or termination proposal who are resident in its area in accordance with the formula in paragraph 4 of the Schedule;

(c) there is a majority vote of 67 per cent or more in favour of the variation or termination decision where the combined total of percentage points for those authorities in favour of the decision equates to 67 per cent or more of the total points allocated.