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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. | |
Part 3 | 5 |
Miscellaneous | |
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 | 10 |
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. | 15 |
(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 | 20 |
(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 | |
capacities.” | |
(4) In subsection (2), for “A person” there is substituted “An inspector”. | 25 |
(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 | |
“inspector”. | |
(7) In subsection (6), for the words from “on summary conviction” to the end there | |
is substituted— | 30 |
“(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 | 35 |
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— | |
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“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.” | 5 |
(9) In section 219 of the WIA (general interpretation), after subsection (9) there is | |
added— | |
“(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 | 10 |
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 | 15 |
the commencement of that subsection. | |
Water fluoridation | |
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) | 20 |
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 | 25 |
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). | 30 |
(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; | 35 |
(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 | |
undertaker. | 40 |
(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; | |
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(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 | 5 |
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— | 10 |
(a) requiring payments to be made by the relevant authority to the | |
water undertaker; | |
(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 | 15 |
relevant authority. | |
(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 | |
supply system). | 20 |
(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 | 25 |
(b) incidental increases which may occur as a result of operational | |
blending. | |
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 | 30 |
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 | 35 |
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 | 40 |
fit; or | |
(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. | 45 |
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(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 | 5 |
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 | 10 |
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 | 15 |
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 | 20 |
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 | 25 |
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 | |
supply; or | |
(b) in connection with the carrying out of any works (including | 30 |
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 | |
system. | |
(5) In this section— | 35 |
(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 | 40 |
(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 | 45 |
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. | |
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(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)”. | 5 |
(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 | 10 |
order. | |
(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, | 15 |
and approved by a resolution of, each House of Parliament.” | |
(5) For section 89 there is substituted— | |
“89 Consultation | |
(1) Before taking any step mentioned in subsection (2) below, a relevant | |
authority shall— | 20 |
(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 | 25 |
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; | 30 |
(d) maintaining any such arrangements in prescribed | |
circumstances. | |
(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; | 35 |
(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 | 40 |
if— | |
(a) in relation to England, the Secretary of State so directs the | |
relevant authority; | |
(b) in relation to Wales, the Assembly so determines, | |
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in each case, either generally or in relation to a particular proposal by | |
the authority.” | |
(6) For section 90 of the WIA (indemnities in respect of fluoridation) there is | |
substituted— | |
“90 Indemnities in respect of fluoridation | 5 |
(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 | 10 |
to— | |
(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.” | 15 |
(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 | |
effect. | |
Water resale | |
62 Charges for services provided with the help of an undertaker | 20 |
(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 | 25 |
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 | 30 |
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 | |
is substituted— | |
“(a) the amount of the excess; and | |
(b) if the order so provides, interest on that amount at a rate | 35 |
specified or described in the order, | |
shall be recoverable by that person from the person to whom he paid | |
the charge.” | |
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