Maintenance of section 87 arrangements18
1
The circumstances specified in paragraph (2) are prescribed under section 88O(1) of the 1991 Act (power to make regulations as to maintenance of section 87 arrangements).
2
The circumstances are that maintaining section 87(1) arrangements would involve the upgrading or replacement of fluoridation plant, otherwise than for the purpose of meeting operational requirements or health and safety standards.
3
In the circumstances prescribed in paragraph (2), the Secretary of State must notify in writing any local authority affected by the section 87(1) arrangements concerned.
4
The Secretary of State must in relation to each local authority affected—
a
give the reasons why maintaining the arrangements would involve upgrading or replacing fluoridation plant; and
b
make available the opinion of the Secretary of State and of the water undertaker as to whether maintaining the arrangements would be operable and efficient.