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

Prospective

Interpretation E+W

2.—(1) In these Regulations—

“the 1991 Act” means the Water Industry Act 1991;

“joint committee” means, except in regulation 20(2)—

(a)

in relation to the exercise of any of the fluoridation functions(1), a committee or sub-committee of a description specified in section 88F(2)(a) or (b) or section 88F(3) of the 1991 Act which is subject to arrangements to exercise the fluoridation functions or which has been established to exercise the fluoridation functions,

(b)

in relation to the exercise of any of the relevant functions(2), a committee or sub-committee of a description specified in section 88M(2)(a) or (b) or section 88M(5) of the 1991 Act which is subject to arrangements to exercise the relevant functions or which has been established to exercise the relevant functions, or

(c)

in relation to the exercise of any of the maintenance functions, a committee or sub-committee of a description specified in regulation 20(2) or (3) which is subject to arrangements to exercise the maintenance functions or which has been established to exercise the maintenance functions;

“maintenance functions” means the functions which are required to be exercised in relation to section 87(1) arrangements under regulation 19;

“section 87(1) arrangements” are arrangements entered into by the water undertaker(3) under section 87(1) of the 1991 Act (fluoridation of water supplies at request of relevant authorities)(4).

(2) References in these Regulations to individuals who would be affected by—

(a) a fluoridation proposal(5), are to individuals who reside within an area specified in the proposal; and

(b) a variation or termination proposal, are—

(i) to individuals who reside within the area specified in the section 87(1) arrangements in relation to which the proposal is made, and

(ii) in the case of a variation proposal for the variation of the area specified in the section 87(1) arrangements, to individuals who would reside within the area specified in the arrangements if the variation were made.

(3) Any reference in these Regulations to individuals affected by section 87(1) arrangements is a reference to individuals who reside within the area specified in the arrangements.

(4) Any reference in these Regulations to a local authority affected by section 87(1) arrangements is a reference to a local authority whose area includes, coincides with or is wholly or partly within the area specified in the arrangements.

Commencement Information

I1 Reg. 2 in force at 1.4.2013, see reg. 1

(1)

See section 88F(1) of the 1991 Act for the meaning of “the fluoridation functions”, which are functions exercisable under or by virtue of section 88E(2) to (5) of the 1991 Act.

(2)

See section 88M(1) of the 1991 Act for the meaning of “the relevant functions”, which are functions exercisable under or by virtue of section 88L(2) to (7) of the 1991 Act.

(3)

See section 6(1) of the 1991 Act for the meaning of “water undertaker” in relation to a company appointed by the Secretary of State to be the water undertaker for an area of England. Section 6(1) is amended by section 36(2) of the Water Act 2003 (c.37). See section 6(2) of the 1991 Act for further provision as to how enactments or subordinate legislation authorising or requiring anything to be done in relation to a water undertaker should be construed.

(4)

Section 87(1) is substituted by section 58(1) and (2) of the Water Act 2003.

(5)

See section 88B(2) of the 1991 Act for the meaning of “fluoridation proposal”.