Licensing of water suppliers
59 Licensing of other water suppliers
Schedule 4, which contains amendments to the WIA to provide for the
licensing of suppliers of water other than water undertakers, is to have effect.
The Drinking Water Inspectorate
60 The Chief Inspector of Drinking Water and the Drinking Water Inspectorate
(1) Section 86 of the WIA (which provides for the appointment of technical
assessors for the enforcement of water quality) is amended as provided in
subsections (2) to (8).
(2) I n subsection (1), the words “as technical assessors” are omitted.
(3) After subsection (1) there is inserted—
“(1A) Subject to subsection (1B) below, the Secretary of State shall designate
one such person as the Chief Inspector of Drinking Water.
(1B) If the function of the Secretary of State under subsection (1) above is
transferred to any extent to the Assembly—
(a) subject to paragraph (b) below, the Assembly may designate
one such person appointed by it as the Chief Inspector of
Drinking Water for Wales; but
(b) if the person designated by the Assembly is the same as the
person designated by the Secretary of State as the Chief
Inspector of Drinking Water, he shall be known as such in both
(4) In subsection (2), for “A person” there is substituted “An inspector”.
(5) In subsection (3)(a) and (b), for “a person” there is substituted “an inspector”.
(6) In subsection (4), for “person”, wherever it appears, there is substituted
(7) In subsection (6), for the words from “on summary conviction” to the end there
“(a) on summary conviction, to a fine not exceeding £20,000;
(b) on conviction on indictment, to a fine.”
(8) After subsection (6) there is added—
“(7) Proceedings by the Secretary of State for an offence under this section
or in relation to the quality and sufficiency of water supplied using a
water undertaker’s supply system may be instituted and carried on in
the name of the Chief Inspector of Drinking Water.
(8) In this section—
“inspector” means the Chief Inspector of Drinking Water or any
other person appointed under subsection (1) above;
“water undertaker’s supply system” means the water mains and
other pipes which it is the undertaker’s duty to develop and
maintain by virtue of section 37 above.”
(9) In section 219 of the WIA (general interpretation), after subsection (9) there is
“(10) If the Assembly designates a person as Chief Inspector of Drinking
Water for Wales under section 86(1B) above, references in this Act to
the Chief Inspector of Drinking Water, as respects anything to be done
in relation to him, shall be taken as references to the person designated
as the Chief Inspector of Drinking Water by the Secretary of State and
also the person designated by the Assembly as the Chief Inspector of
Drinking Water for Wales.”
(10) Subsection (7) does not have effect in relation to any offence committed before
the commencement of that subsection.
61 Fluoridation of water supplies
(1) The WIA is amended as follows.
(2) For section 87 (fluoridation of water supplies at request of health authorities)
there is substituted—
“87 Fluoridation of water supplies at request of relevant authorities
(1) If requested in writing to do so by a relevant authority, a water
undertaker shall enter into arrangements with the relevant authority to
increase the fluoride content of the water supplied by that undertaker
to premises within the area specified in the arrangements.
(2) But a water undertaker shall not be required by subsection (1) above to
enter into any such arrangements until it has been given an indemnity
with respect to the arrangements in accordance with section 90 below
(and any regulations made under that section).
(3) In this section and the following provisions of this Chapter—
(a) references to a relevant authority—
(i) in relation to areas in England, are to a Strategic Health
Authority established under section 8 of the National
Health Service Act 1977;
(ii) in relation to areas in Wales, are to the Assembly; and
(b) references to water supplied by a water undertaker are to water
supplied (whether by a water undertaker or a licensed water
supplier) to premises using the supply system of that
(4) The area specified in arrangements under this section may be—
(a) in relation to England, the whole or any part of the area of the
Strategic Health Authority in question;
(b) in relation to Wales, such area comprising the whole or any part
of Wales as the Assembly may determine.
(5) The arrangements shall include provisions designed to secure that the
concentration of fluoride in the water supplied to premises in the area
in question is, so far as reasonably practicable, maintained at a target
concentration of one milligram per litre.
(6) The arrangements shall be on such terms as may be agreed between the
relevant authority and the water undertaker or, in the absence of
agreement, determined in accordance with section 87A below.
(7) The terms may, for example, include provision—
(a) requiring payments to be made by the relevant authority to the
(b) specifying circumstances in which the requirement to increase
the fluoride content may be temporarily suspended; and
(c) for the variation of the arrangements at the request of the
(8) The relevant authority shall consult the Authority in relation to the
terms to be included in any arrangements under this section (in
particular, terms which affect the operation of the water undertaker’s
(9) The fluoride content of water supplied by a water undertaker may not
be increased except in accordance with arrangements entered into by
the undertaker under this section, but this shall not prevent—
(a) increases made by a third party on behalf of the undertaker in
accordance with those arrangements; or
(b) incidental increases which may occur as a result of operational
87A Fluoridation arrangements: determination of terms
(1) This section applies if a relevant authority and a water undertaker fail
to agree the terms of arrangements requested by the relevant authority
pursuant to section 87(1) above.
(2) In relation to areas in England—
(a) the relevant authority may refer the matter to the Secretary of
State for determination;
(b) following such a reference, the Secretary of State shall
determine the terms of the arrangements as he sees fit; and
(c) the determination of the Secretary of State shall be final.
(3) In relation to areas in Wales—
(a) the Assembly may—
(i) determine the terms of the arrangements itself as it sees
(ii) refer the matter for determination by such other person
as it considers appropriate; and
(b) the determination of the Assembly or, as the case may be, the
other person shall be final.
(4) Following determination under this section of the terms to be included
in any arrangements—
(a) the relevant authority shall give notice of the determination to
the water undertaker in question; and
(b) the undertaker shall be deemed to have entered into the
arrangements under section 87(1) above on the terms
determined under this section with effect from the day after the
date of the notice.
(5) References in this Chapter to arrangements entered into under section
87(1) above shall include arrangements deemed to have been entered
into under that section by virtue of subsection (4)(b) above.
87B Fluoridation arrangements: compliance
(1) It shall be the duty of each water undertaker to comply with any
arrangements entered into by it under section 87(1) above.
(2) Where, pursuant to any such arrangements, the fluoride content of any
water is increased, the increase may be effected only by the addition of
one or more of the following compounds of fluorine—
hexafluorosilicic acid (H2SiF6)
disodium hexafluorosilicate (Na2SiF6)
(3) Subject to subsection (4) below, water to which fluoride has been added
pursuant to any such arrangements entered into by a water undertaker
(with a view to its supply in an area) may be supplied by that or any
other undertaker to premises in any other area (whether or not that
other area is the subject of arrangements under section 87(1) above).
(4) Subsection (3) above applies if (and only if) the undertaker or
undertakers concerned consider that it is necessary for the water to be
supplied in the other area—
(a) for the purpose of dealing with any serious deficiency in
(b) in connection with the carrying out of any works (including
cleaning and maintenance) by the undertaker concerned or, as
the case may be, by the undertakers concerned, or by a licensed
water supplier supplying water using its or their supply
(5) In this section—
(a) the reference, in subsection (3) above, to water to which fluoride
has been added pursuant to arrangements includes a reference
to water to which fluoride has been added by Scottish Water in
exercise of the power conferred by section 1 of the Water
(Fluoridation) Act 1985; and
(b) in relation to a supply of such water by a water undertaker, the
reference, in subsection (4) above, to the water undertakers
concerned shall have effect as references to the water
undertaker and Scottish Water.
(6) In subsection (4) above, “serious deficiency in supply” means any
existing or threatened serious deficiency in the supply of water
(whether in quantity or quality) caused by an exceptional lack of rain or
by any accident or unforeseen circumstances.
(7) Arrangements entered into under section 87(1) above shall remain in
force until the relevant authority, after giving reasonable notice to the
water undertaker, terminates them.”
(3) In section 88 (power to vary permitted fluoridation agents), in subsection (1),
for “87(4)” there is substituted “87B(2)”.
(4) After section 88 there is inserted—
“88A Power to vary target concentration of fluoride
(1) The Secretary of State may by order made by statutory instrument
provide that section 87(5) above is to have effect as if for “one milligram
per litre” there were substituted a lower concentration specified in the
(2) An order under subsection (1) above may make different provision for
different geographical areas, or for some such areas and not others.
(3) A statutory instrument containing an order under subsection (1) above
shall not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, each House of Parliament.”
(5) For section 89 there is substituted—
(1) Before taking any step mentioned in subsection (2) below, a relevant
(a) consult and ascertain opinion in accordance with regulations
made by the Secretary of State; and
(b) comply with any prescribed requirements.
(2) The steps are—
(a) requesting a water undertaker to enter into arrangements under
section 87(1) above;
(b) requesting a water undertaker to vary any such arrangements
in, or except in, prescribed circumstances or cases;
(c) giving notice to a water undertaker under section 87B(7) above
to terminate any such arrangements;
(d) maintaining any such arrangements in prescribed
(3) The Secretary of State shall by regulations make provision about—
(a) the process which relevant authorities are to follow for the
purposes of subsection (1)(a) above;
(b) the requirements which must be satisfied (with respect to the
outcome of that process or otherwise) before a step mentioned
in subsection (2) above may be taken.
(4) Subsection (1) above shall not apply in relation to a proposal by a
relevant authority to take the step mentioned in subsection (2)(c) above
(a) in relation to England, the Secretary of State so directs the
(b) in relation to Wales, the Assembly so determines,
in each case, either generally or in relation to a particular proposal by
(6) For section 90 of the WIA (indemnities in respect of fluoridation) there is
“90 Indemnities in respect of fluoridation
(1) The Secretary of State may, with the consent of the Treasury, agree to
indemnify any water undertaker in respect of liabilities which it may
incur in complying with arrangements entered into by it pursuant to
section 87(1) above.
(2) The Secretary of State may by regulations make provision with respect
(a) the matters in respect of which an indemnity may be given
under subsection (1) above;
(b) the form and terms of any such indemnity; and
(c) such ancillary matters as he sees fit.”
(7) Section 91 of the WIA (pre-1985 fluoridation schemes) shall cease to have effect.
(8) Schedule 7 to the WIA (pre-1985 fluoridation schemes) shall cease to have
62 Charges for services provided with the help of an undertaker
(1) Section 150 of the WIA (fixing maximum charges for services provided with
the help of undertakers’ services) is amended as follows.
(2) After subsection (2) there is inserted—
“(2A) An order under this section may require the person providing the
supplies or services to furnish the person who is provided with them
with such information as may be specified or described in the order.
(2B) An order containing such a requirement may also provide that, in the
event of the failure of the person providing the supplies or services to
furnish that information, the maximum charges he is entitled to recover
from the person provided with them in respect of those supplies or
services shall be such as may be fixed by the order.”
(3) In subsection (5), for the words from “the amount of the excess” to the end there
“(a) the amount of the excess; and
(b) if the order so provides, interest on that amount at a rate
specified or described in the order,
shall be recoverable by that person from the person to whom he paid