request the Secretary of State to make such requests under section 87(1)
as are necessary to implement the proposal.

(6) The Secretary of State may by regulations make provision—

(a) as to factors which the proposer must or may take into account
5in making the decision mentioned in subsection (5);

(b) as to the procedure to be followed by the proposer in exercising
functions under or by virtue of subsection (2) or (5).

88F Decision-making procedure: exercise of functions by committee

(1) This section applies in relation to the exercise of functions under or by
10virtue of section 88E(2) to (5) (“the fluoridation functions”) except
where the proposer is a single local authority and either—

(a) no other local authorities are affected by the proposal, or

(b) no other local authority which is affected by the proposal
informs the proposer that it wishes to participate in the exercise
15of the fluoridation functions.

(2) The local authorities affected by the proposal must—

(a) arrange for an existing joint committee of the authorities to
exercise the fluoridation functions,

(b) establish a joint committee of the authorities for that purpose, or

(c) 20arrange for the Health and Wellbeing Boards established by
them under section 197 of the Health and Social Care Act 2011
to exercise the fluoridation functions.

(a)(a)arrange for an existing joint committee of the authorities to
exercise the fluoridation functions,

(b) 25establish a joint committee of the authorities for that purpose, or

(c) arrange for the Health and Wellbeing Boards established by
them under section 197 of the Health and Social Care Act 2011
to exercise the fluoridation functions.

(3) Where arrangements are made under subsection (2)(c) the Health and
30Wellbeing Boards in question must exercise the power conferred by
section 201(b) of the Health and Social Care Act 2011 to establish a joint
sub-committee of the Boards to exercise the fluoridation functions.

(4) The Secretary of State may by regulations make provision—

(a) for subsection (2)(a) to apply only in relation to a joint
35committee which meets prescribed conditions as to its
membership;

(b) as to the membership of a joint committee established under
subsection (2)(b) (including provision as to qualification and
disqualification for membership and the holding and vacating
40of office as a member);

(c) as to the membership of a joint sub-committee of Health and
Wellbeing Boards established in accordance with subsection (3);

(d) as to the procedure to be followed by any joint committee, or
any joint sub-committee of Health and Wellbeing Boards, in
45exercising the fluoridation functions.

88G Secretary of State’s duty in relation to fluoridation proposal

(1) This section applies if the Secretary of State is requested to make such
requests under section 87(1) as are necessary to implement a
fluoridation proposal.

(2) 50The Secretary of State must comply with the request if the Secretary of
State is satisfied that the requirements imposed by sections 88B to 88F
have been met in relation to the proposal.

(3) Subsection (2) does not require the Secretary of State to consider the
adequacy of any steps taken for the purposes of complying with any
requirement to consult or to ascertain opinion which is imposed under
or by virtue of section 88C(2) or (3), 88D(3) or 88E(2).

88H 5Payments by local authorities towards fluoridation costs

(1) This section applies where a water undertaker enters into
arrangements with the Secretary of State under section 87(1).

(2) The Secretary of State may require all local authorities affected by the
arrangements to make payments to the Secretary of State to meet any
10costs incurred by the Secretary of State under the terms of the
arrangements.

(3) The amount to be paid by each of the affected local authorities is to be
determined—

(a) where a joint committee, or a joint sub-committee of Health and
15Wellbeing Boards, has exercised the fluoridation functions of
the authorities in relation to the proposal which resulted in the
arrangements being made and the committee or sub-committee
continues to exist at the time when the Secretary of State
exercises the power conferred by subsection (2), by that
20committee or sub-committee;

(b) in any other case, by agreement between the local authorities.

(4) If the amount to be paid by the affected local authorities is not
determined as mentioned in subsection (3), the Secretary of State
may—

(a) 25determine the amount to be paid, or

(b) refer the matter for determination by such other person as the
Secretary of State considers appropriate.

(5) The amount determined in accordance with subsection (3) may, at the
request of one or more of the affected local authorities, be varied with
30the agreement of all of them.

(6) If the affected local authorities fail to reach agreement for the purposes
of subsection (5), the Secretary of State may—

(a) determine whether to vary the amount (and, if so, how), or

(b) refer the matter for determination by such other person as the
35Secretary of State considers appropriate.

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

88I 40Variation or termination of arrangements under section 87(1)

(1) The Secretary of State may not request a water undertaker to vary
arrangements entered into by the water undertaker under section 87(1)
unless a proposal (“a variation proposal”) is made to the Secretary of
State for a variation in the arrangements.

(2) 45The Secretary of State may not give notice to a water undertaker under
section 87C(7) to terminate arrangements entered into by the water
undertaker under section 87(1) unless a proposal (“a termination

proposal”) is made to the Secretary of State for the termination of the
arrangements.

(3) Subsection (1) does not apply in relation to a variation to provide for the
concentration of fluoride in the area specified in the arrangements (or
5any part of it) to be lower than the general target concentration.

(4) The Secretary of State may by regulations provide that subsection (1) or
(2) does not apply in prescribed circumstances.

(5) A variation or termination proposal may be made by one or more of the
local authorities affected by the arrangements.

(6) 10The Secretary of State may by regulations provide that, where a
termination proposal is made in relation to arrangements under section
87(1), no further termination proposal may be made in relation to the
arrangements until the end of such period as may be specified in the
regulations.

(7) 15In the following provisions of this Chapter, “proposer”, in relation to a
variation or termination proposal, means the local authority or
authorities which made the proposal.

(8) Any reference in this section and in the following provisions of this
Chapter to a local authority affected by a variation or termination
20proposal is a reference to a local authority whose area includes,
coincides with or is wholly or partly within the area specified in the
arrangements.

(9) In relation to a proposal for the variation of the area specified in
arrangements under section 87(1), any reference in this section and in
25the following provisions of this Chapter to a local authority affected by
the proposal also includes a reference to a local authority whose area
would include, coincide with or be wholly or partly within the area
specified in the arrangements if the variation were made.

88J Initial consultation etc. on variation or termination proposal

(1) 30This section applies if a variation or termination proposal is made.

(2) In the case of a variation proposal, the proposer must consult the
Secretary of State and the water undertaker who entered into the
arrangements as to whether the arrangements as varied in accordance
with the proposal would be operable and efficient.

(3) 35In the case of a termination proposal, the proposer must consult the
Secretary of State and the water undertaker who entered into the
arrangements as to whether it would be reasonably practicable to
terminate the arrangements.

(4) Each person consulted under subsection (2) or (3) must give the
40proposer its opinion on the matter mentioned in that subsection.

(5) The proposer must notify the Secretary of State of the opinion of each
water undertaker consulted under subsection (2) or (3).

(6) If the Secretary of State informs the proposer that the Secretary of State
is of the opinion that the arrangements as varied would not be operable
45and efficient or (as the case may be) that it would not be reasonably

practicable to terminate the arrangements, no further steps may be
taken in relation to the proposal.

88K Additional requirements where other local authorities affected

(1) This section applies where—

(a) 5a variation or termination proposal is made,

(b) the Secretary of State is of the opinion that the arrangements as
varied would be operable and efficient or (as the case may be)
that it would be reasonably practicable to terminate the
arrangements,

(c) 10one or more local authorities other than the proposer are
affected by the proposal, and

(d) the proposer wishes to take further steps in relation to the
proposal.

(2) The proposer must notify any other local authority which is affected by
15the proposal.

(3) The proposer must make arrangements for enabling the authorities
affected by the proposal to decide whether further steps should be
taken in relation to the proposal.

(4) The Secretary of State may by regulations provide that the duty in
20subsection (3) does not apply in prescribed circumstances.

(5) The duty in subsection (3) does not apply in relation to a termination
proposal if the Secretary of State so directs by an instrument in writing
(and such a direction may apply generally or in relation to a particular
proposal).

(6) 25The Secretary of State must by regulations—

(a) make provision as to the arrangements which must be made for
the purposes of subsection (3), and

(b) prescribe conditions, with respect to the outcome of the
arrangements, which must be satisfied before any further steps
30may be taken in relation to the proposal.

88L Decision on variation or termination proposal

(1) This section applies where—

(a) a variation or termination proposal is made,

(b) the Secretary of State is of the opinion that the arrangements
35which would result from implementing the proposal would be
operable and efficient or (as the case may be) that it would be
reasonably practicable to terminate the arrangements,

(c) in a case where the duty in section 88K(3) applies, the
conditions prescribed under subsection (6)(b) of that section are
40satisfied, and

(d) the proposer wishes to take further steps in relation to the
proposal.

(2) The proposer must comply with such requirements as may be
prescribed in regulations made by the Secretary of State as to the steps
45to be taken for the purposes of consulting and ascertaining opinion in
relation to the proposal.

(3) The Secretary of State may by regulations provide that the duty in
subsection (2) does not apply in prescribed circumstances.

(4) The duty in subsection (2) does not apply in relation to a termination
proposal if the Secretary of State so directs by an instrument in writing
5(and such a direction may apply generally or in relation to a particular
termination proposal).

(5) The proposer of a variation proposal may (after any requirements
imposed by regulations under subsection (2) have been complied with)
modify the proposal.

(6) 10But, except in circumstances prescribed in regulations by the Secretary
of State, the proposal may not be modified so as to propose the
extension of the boundary of the area specified in the arrangements or,
if the proposal is that the arrangements be varied so as to extend the
boundary, may not be modified so as to propose a further extension of
15it.

(7) The proposer must (after any requirements imposed by regulations
under subsection (2) have been complied with) decide 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 under section
2087C(7) to the water undertaker to terminate the arrangements.

(8) The Secretary of State may by regulations may make provision—

(a) as to factors which the proposer must or may take into account
in making the decision mentioned in subsection (7);

(b) as to the procedure to be followed by the proposer in exercising
25functions under or by virtue of subsection (2) or (7).

88M Decision-making procedure: exercise of functions by committee

(1) This section applies in relation to the exercise of functions under or by
virtue of section 88L(2) to (7) (“the relevant functions”) except where
the proposer is a single local authority and either—

(a) 30no other local authorities are affected by the proposal, or

(b) no other local authority which is affected by the proposal
informs the proposer that it wishes to participate in the exercise
of the functions.

(2) The local authorities affected by the proposal must—

(a) 35arrange for an existing joint committee of the authorities to
exercise the relevant functions,

(b) establish a joint committee of the authorities for that purpose, or

(c) arrange for the Health and Wellbeing Boards established by
them under section 197 of the Health and Social Care Act 2011
40to exercise the relevant functions.

(a)(a)arrange for an existing joint committee of the authorities to
exercise the relevant functions,

(b) establish a joint committee of the authorities for that purpose, or

(c) arrange for the Health and Wellbeing Boards established by
45them under section 197 of the Health and Social Care Act 2011
to exercise the relevant functions.

(3) The Secretary of State may by regulations provide that the duty in
subsection (2) does not apply in prescribed circumstances.

(4) The duty in subsection (2) does not apply in relation to a termination
50proposal if the Secretary of State so directs by an instrument in writing
(and such a direction may apply generally or in relation to a particular
termination proposal).

(5) Where arrangements are made under subsection (2)(c) the Health and
Wellbeing Boards in question must exercise the power conferred by
section 201(b) of the Health and Social Care Act 2011 to establish a joint
sub-committee of the Boards to exercise the relevant functions.

(6) 5The Secretary of State may by regulations make provision—

(a) for subsection (2)(a) to apply only in relation to a joint
committee which meets prescribed conditions as to its
membership;

(b) as to the membership of a joint committee established under
10subsection (2)(b) (including provision as to qualification and
disqualification for membership and the holding and vacating
of office as a member);

(c) as to the membership of a joint sub-committee of Health and
Wellbeing Boards established in accordance with subsection (5);

(d) 15as to the procedure to be followed by any joint committee, or
any joint sub-committee of Health and Wellbeing Boards, in
exercising the relevant functions.

88N Secretary of State’s duty in relation to requests for variation or
termination

(1) 20This section applies if (following the making of a variation or
termination proposal) the Secretary of State is requested—

(a) to request a variation of arrangements entered into under
section 87(1), or

(b) (as the case may be) to give notice under section 87C(7) to a
25water undertaker to terminate such arrangements.

(2) The Secretary of State must comply with the request if satisfied that the
requirements imposed by sections 88I to 88M have been met in relation
to the proposal.

(3) Subsection (2) does not require the Secretary of State to consider the
30adequacy of any steps taken for the purposes of complying with any
requirement to consult or to ascertain opinion which is imposed under
or by virtue of section 88J(2) or (3), 88K(3) or 88L(2).

88O Power to make regulations as to maintenance of section 87
arrangements

(1) 35The Secretary of State may by regulations prescribe circumstances in
which arrangements must be made in accordance with the
regulations—

(a) for consulting and ascertaining opinion on whether
arrangements under section 87(1) (“section 87(1)
40arrangements”) should be maintained, and

(b) for enabling authorities affected by section 87(1) arrangements
to decide whether to propose to the Secretary of State that they
be maintained.

(2) The regulations must make provision requiring the Secretary of State to
45give notice under section 87C(7) to a water undertaker to terminate
section 87(1) arrangements entered into by the undertaker if—

(a) the outcome of arrangements made by virtue of subsection
(1)(b) is that the affected authorities decide not to propose that
the section 87(1) arrangements be maintained, and

(b) the Secretary of State is satisfied that any requirements imposed
5by regulations under subsection (1), as to the arrangements to
be made for the purposes mentioned in that subsection, have
been met.

(3) Subsection (2)(b) does not require the Secretary of State to consider the
adequacy of any steps taken for the purposes of complying with any
10requirement to consult or to ascertain opinion which is imposed by
regulations made under subsection (1).

(4) The provision that may be made by regulations under subsection (1) (as
to the arrangements to be made for the purposes mentioned in that
subsection) includes provision corresponding, or similar, to any
15requirements imposed by or under sections 88K to 88M.”

33 Fluoridation of water supplies: transitional provision

(1) In relation to any time on or after the commencement of section 31, any
relevant arrangements which have effect immediately before its
commencement are to be treated for the purposes of Chapter 4 of Part 3 of the
20Water Industry Act 1991 as if they were arrangements entered into by the
water undertaker with the Secretary of State under section 87(1) of that Act.

(2) In subsection (1) “relevant arrangements” means—

(a) any arrangements entered into by a water undertaker with a Strategic
Health Authority under section 87(1) of the Water Industry Act 1991,
25and

(b) any arrangements which are treated as arrangements falling within
paragraph (a) by virtue of section 91 of that Act (as it had effect
immediately before the commencement of this section).

(3) In its application to arrangements which are treated by virtue of subsection (1)
30as arrangements entered into by a water undertaker with the Secretary of State
under section 87(1) of the Water Industry Act 1991, section 88H of that Act
applies as if for subsection (3) there were substituted—

“(3) The amount to be paid by each of the affected local authorities is to be
determined by agreement between the local authorities.”.

(4) 35Section 91 of the Water Industry Act 1991 (pre-1985 fluoridation schemes)
ceases to have effect in relation to arrangements which are (by virtue of
subsection (1)) treated as if they were arrangements entered into by a water
undertaker with the Secretary of State under section 87(1) of that Act.

Functions relating to mental health matters

34 Approval functions

(1) After section 12 of the Mental Health Act 1983 insert—

“12ZA Agreement for exercise of approval function: England

(1) 5The Secretary of State may enter into an agreement with another person
for an approval function of the Secretary of State to be exercisable by
the Secretary of State concurrently—

(a) with that other person, and

(b) if a requirement under section 12ZB has effect, with the other
10person by whom the function is exercisable under that
requirement.

(2) In this section and sections 12ZB and 12ZC, “approval function”
means—

(a) the function under section 12(2), or

(b) 15the function of approving persons as approved clinicians.

(3) An agreement under this section may, in particular, provide for an
approval function to be exercisable by the other party—

(a) in all circumstances or only in specified circumstances;

(b) in all areas or only in specified areas.

(4) 20An agreement under this section may provide for an approval function
to be exercisable by the other party—

(a) for a period specified in the agreement, or

(b) for a period determined in accordance with the agreement.

(5) The other party to an agreement under this section must comply with
25such instructions as the Secretary of State may give with respect to the
exercise of the approval function.

(6) An instruction under subsection (5) may require the other party to
cease to exercise the function to such extent as the instruction specifies.

(7) The agreement may provide for the Secretary of State to pay
30compensation to the other party in the event of an instruction such as is
mentioned in subsection (6) being given.

(8) An instruction under subsection (5) may be given in such form as the
Secretary of State may determine.

(9) The Secretary of State must publish instructions under subsection (5) in
35such form as the Secretary of State may determine; but that does not
apply to an instruction such as is mentioned in subsection (6).

(10) An agreement under this section may provide for the Secretary of State
to make payments to the other party; and the Secretary of State may
make payments to other persons in connection with the exercise of an
40approval function by virtue of this section.

12ZB Requirement to exercise approval functions: England

(1) The Secretary of State may impose a requirement on the National
Health Service Commissioning Board (“the Board”) or a Special Health

Authority for an approval function of the Secretary of State to be
exercisable by the Secretary of State concurrently—

(a) with the Board or (as the case may be) Special Health Authority,
and

(b) 5if an agreement under section 12ZA has effect, with the other
person by whom the function is exercisable under that
agreement.

(2) The Secretary of State may, in particular, require the body concerned to
exercise an approval function—

(a) 10in all circumstances or only in specified circumstances;

(b) in all areas or only in specified areas.

(3) The Secretary of State may require the body concerned to exercise an
approval function—

(a) for a period specified in the requirement, or

(b) 15for a period determined in accordance with the requirement.

(4) Where a requirement under subsection (1) is imposed, the Board or (as
the case may be) Special Health Authority must comply with such
instructions as the Secretary of State may give with respect to the
exercise of the approval function.

(5) 20An instruction under subsection (4) may be given in such form as the
Secretary of State may determine.

(6) The Secretary of State must publish instructions under subsection (4) in
such form as the Secretary of State may determine.

(7) Where the Board or a Special Health Authority has an approval
25function by virtue of this section, the function is to be treated for the
purposes of the National Health Service Act 2006 as a function that it
has under that Act.

(8) The Secretary of State may make payments in connection with the
exercise of an approval function by virtue of this section.

12ZC 30Provision of information for the purposes of section 12ZA or 12ZB

(1) A relevant person may provide another person with such information
as the relevant person considers necessary or appropriate for or in
connection with—

(a) the exercise of an approval function; or

(b) 35the exercise by the Secretary of State of the power—

(i) to enter into an agreement under section 12ZA;

(ii) to impose a requirement under section 12ZB; or

(iii) to give an instruction under section 12ZA(5) or 12ZB(4).

(2) The relevant persons are—

(a) 40the Secretary of State;

(b) a person who is a party to an agreement under section 12ZA; or

(c) if the Secretary of State imposes a requirement under section
12ZB on the National Health Service Commissioning Board or a
Special Health Authority, the Board or (as the case may be)
45Special Health Authority.

(3) This section, in so far as it authorises the provision of information by
one relevant person to another relevant person, has effect
notwithstanding any rule of common law which would otherwise
prohibit or restrict the provision.

(4) 5In this section, “information” includes documents and records.”

(2) In section 54(1) of that Act (requirement for certain medical evidence etc. to be
from practitioner approved under section 12 of the Act), after “the Secretary of
State” insert “, or by another person by virtue of section 12ZA or 12ZB above,”.

(3) In section 139(4) of that Act (protection for acts done in pursuance of the Act:
10exceptions), at the end insert “or against a person who has functions under this
Act by virtue of section 12ZA in so far as the proceedings relate to the exercise
of those functions”.

(4) In section 145(1) of that Act (interpretation), in the definition of “approved
clinician”, after “the Secretary of State” insert “or another person by virtue of
15section 12ZA or 12ZB above”.

(5) In each of the following provisions, after “the Secretary of State” insert “, or by
another person by virtue of section 12ZA or 12ZB of that Act,”—

(a) in section 8(2) of the Criminal Procedure (Insanity) Act 1964
(interpretation), in the definition of “duly approved”,

(b) 20in section 51(1) of the Criminal Appeal Act 1968 (interpretation), in the
definition of “duly approved”,

(c) in section 6(1) of the Criminal Procedure (Insanity and Unfitness to
Plead) Act 1991 (interpretation), in the definition of “duly approved”,

(d) in section 157(6) of the Criminal Justice Act 2003 (mentally disordered
25offenders: definition of “medical report”),

(e) in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc:
definition of “duly approved”), and

(f) in section 258(5) of that Act (mentally disordered offenders), in the
definition of “medical report”.

35 30Discharge of patients

(1) In section 23 of the Mental Health Act 1983 (discharge of patients), omit
subsections (3) and (3A).

(2) In section 24 of that Act (visiting and examination of patients), omit subsections
(3) and (4).

(3) 35In Schedule 1 to that Act (application of certain provisions of that Act to
patients subject to hospital and guardianship orders)—

(a) in Part 1, in paragraph 1, omit “24(3) and (4),”, and

(b) in Part 2, in paragraph 1, omit “24(3) and (4),”.

(4) In consequence of the repeals made by this section—

(a) 40in the National Health Service and Community Care Act 1990, in
Schedule 9—

(i) omit paragraph 24(3)(a) and the “and” following it, and

(ii) omit paragraph 24(4),

(b) in the Health Authorities Act 1995, in Schedule 1, omit paragraph
45107(2)(a) and (3),