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of this subsection, are taken to provide), the arrangements shall have | |
effect from the coming into force of the order as if they provided for the | |
general target concentration specified in the order (subject to the | |
operation again of subsections (2) and (3) above). | |
(5) If the result of the operation of subsection (4) above in relation to | 5 |
arrangements in area A is that in an area adjoining area A (“area B”) it | |
is not reasonably practicable to maintain the concentration of fluoride | |
in the water supplied by virtue of arrangements made in area B with | |
the same water undertaker, the order shall be taken to extend also to | |
area B so far as those arrangements are concerned, and subsection (4) | 10 |
above shall apply accordingly. | |
(6) An order under section 88A(1) below which in relation to any area | |
specifies a general target concentration higher than that for which any | |
arrangements effective there provide (or are taken to provide by virtue | |
of subsection (4) or (5) above) does not have effect to increase the | 15 |
concentration for which the arrangements provide (or are taken to | |
provide). | |
(7) In this section, “specified area” means the area specified in | |
arrangements under section 87(1) above. | |
87B Fluoridation arrangements: determination of terms | 20 |
(1) This section applies if a relevant authority and a water undertaker fail | |
to agree— | |
(a) the terms of arrangements requested by the relevant authority | |
pursuant to subsection (1) of section 87 above; or | |
(b) a variation in the terms of those arrangements following a | 25 |
request by the relevant authority pursuant to subsection (6)(c) | |
of that section. | |
(2) In relation to areas in England (except where subsection (4) below | |
applies)— | |
(a) the relevant authority may refer the matter to the Secretary of | 30 |
State for determination; | |
(b) following such a reference, the Secretary of State may— | |
(i) determine the terms of the arrangements as he sees fit; | |
or | |
(ii) refer the matter for determination by such other person | 35 |
as he considers appropriate; and | |
(c) the determination of the Secretary of State or, as the case may | |
be, the other person shall be final. | |
(3) In relation to areas in Wales (except where subsection (4) below | |
applies)— | 40 |
(a) the Assembly may— | |
(i) determine the terms of the arrangements itself as it sees | |
fit; or | |
(ii) refer the matter for determination by such other person | |
as it considers appropriate; and | 45 |
(b) the determination of the Assembly or, as the case may be, the | |
other person shall be final. | |
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(4) Where the Assembly is one of the relevant authorities which has made | |
a combined reference under section 87(8)(b) or (10) above— | |
(a) the terms of the arrangements shall be determined by a person | |
appointed by the Secretary of State and the Assembly acting | |
jointly; and | 5 |
(b) the determination of that person shall be final. | |
(5) 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 | 10 |
(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. | |
(6) References in this Chapter to arrangements entered into under section | 15 |
87(1) above shall include arrangements deemed to have been entered | |
into under that section by virtue of subsection (5)(b) above. | |
87C 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. | 20 |
(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). | 25 |
(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). | 30 |
(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 | |
supply; or | 35 |
(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 | |
system. | 40 |
(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 | 45 |
(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 | |
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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 | 5 |
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. | |
(8) But (except where it is reasonably practicable to terminate the | 10 |
arrangements separately), arrangements to which section 87(8)(a) or (b) | |
applied may only be terminated by the relevant authorities acting | |
jointly.” | |
(3) In section 88 (power to vary permitted fluoridation agents), in subsection (1), | |
for “87(4)” there is substituted “87C(2)”. | 15 |
(4) After section 88 there is inserted— | |
“88A Power to vary target concentration of fluoride | |
(1) The appropriate authority may by order made by statutory instrument | |
provide that section 87A(1) above is to have effect as if for “one | |
milligram per litre” there were substituted a lower concentration | 20 |
specified in the 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 by the Secretary of State (or by the Secretary of State | 25 |
and the Assembly acting jointly) unless a draft of the instrument has | |
been laid before, and approved by a resolution of, each House of | |
Parliament. | |
(4) In subsection (1) above “appropriate authority”— | |
(a) in relation to an area which is partly in England and partly in | 30 |
Wales, means the Secretary of State and the Assembly acting | |
jointly; | |
(b) in relation to an area which is wholly in England, means the | |
Secretary of State; and | |
(c) in relation to an area which is wholly in Wales, means the | 35 |
Assembly. | |
(5) An order amending or revoking an order under subsection (1) above | |
made by virtue of subsection (4)(a) above must also be made by the | |
Secretary of State and the Assembly acting jointly.” | |
(5) For section 89 there is substituted— | 40 |
“89 Consultation | |
(1) Before taking any step mentioned in subsection (2) below, a relevant | |
authority shall— | |
(a) consult and ascertain opinion in accordance with regulations | |
made by the appropriate authority; and | 45 |
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(b) comply with the requirements set out in regulations made by | |
the appropriate authority. | |
(2) The steps are— | |
(a) requesting a water undertaker to enter into arrangements under | |
section 87(1) above; | 5 |
(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 87C(7) above | |
to terminate any such arrangements; | |
(d) maintaining any such arrangements in prescribed | 10 |
circumstances. | |
(3) Regulations— | |
(a) under paragraph (a) of subsection (1) above shall include | |
provision about the process which relevant authorities are to | |
follow for the purposes of that paragraph; | 15 |
(b) under paragraph (b) of that subsection shall include provision | |
about 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 | 20 |
relevant authority to take the step mentioned in subsection (2)(c) above | |
if the appropriate authority so directs by an instrument in writing (and | |
such a direction may apply either generally or in relation to a particular | |
proposal). | |
(5) In this section “appropriate authority”— | 25 |
(a) in a case where two or more relevant authorities (one of which | |
is the Assembly) propose to request a particular water | |
undertaker to take a step mentioned in subsection (2)(a), (b) or | |
(c) in respect of arrangements in adjoining areas, means the | |
Secretary of State and the Assembly acting jointly; | 30 |
(b) in relation to England (except in a case to which paragraph (a) | |
applies), means the Secretary of State; and | |
(c) in relation to Wales (except in a case to which paragraph (a) | |
applies), means the Assembly.” | |
(6) For section 90 (indemnities in respect of fluoridation) there is substituted— | 35 |
“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. | 40 |
(2) The Secretary of State may also, with the consent of the Treasury, agree | |
to indemnify any licensed water supplier in respect of liabilities which | |
it may incur— | |
(a) in supplying water to which fluoride has been added by a water | |
undertaker by virtue of any such arrangements; | 45 |
(b) (if the licensee is introducing water into the water undertaker’s | |
supply system) in complying with any obligation imposed on it | |
by the undertaker in consequence of the arrangements. | |
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(3) The Secretary of State may by regulations make provision with respect | |
to— | |
(a) the matters in respect of which an indemnity may be given | |
under subsection (1) or (2) above; | |
(b) the form and terms of any such indemnity; and | 5 |
(c) such ancillary matters as he sees fit.” | |
(7) For section 91 (pre-1985 fluoridation schemes) there is substituted— | |
“91 Pre-1985 fluoridation schemes | |
(1) With effect from the appointed day, relevant pre-1985 arrangements | |
shall be treated for the purposes of this Chapter as if they were | 10 |
arrangements entered into by the water undertaker in question with | |
the relevant authority under section 87(1) above. | |
(2) The relevant authority may request such modifications to the | |
arrangements as it considers necessary in order to give effect to | |
subsection (1) above, for example to insert the terms mentioned in | 15 |
section 87(6) above. | |
(3) If the relevant authority and the water undertaker fail to agree the | |
modifications requested by the authority— | |
(a) subsection (2), (3) or, as the case may be, (4) of section 87B above | |
shall apply as if the parties had failed to agree the terms of | 20 |
arrangements requested under section 87(1) above; and | |
(b) following determination of the modifications— | |
(i) the relevant authority shall give notice of the | |
determination to the water undertaker; and | |
(ii) the arrangements shall be deemed to have been | 25 |
modified as so determined with effect from the day after | |
the date of the notice. | |
(4) Sections 87(11) and 89(1) above (which relate to consultation) shall not | |
apply to the deemed entry into, and modification of, arrangements by | |
virtue of this section. | 30 |
(5) References in this Chapter to arrangements entered into under section | |
87(1) above shall include arrangements treated as entered into by a | |
water undertaker by virtue of subsection (1) above. | |
(6) In this section— | |
“the appointed day” means the day on which section 58 of the | 35 |
Water Act 2003 comes into force; and | |
“relevant pre-1985 arrangements” means arrangements in | |
pursuance of which a scheme for increasing the fluoride content | |
of water was being operated by a water undertaker by virtue of | |
paragraph 1 of Schedule 7 to this Act immediately before the | 40 |
appointed day.” | |
(8) In section 213 (powers to make regulations), after subsection (1) there is | |
inserted— | |
“(1A) But on the occasion of the first exercise by the Secretary of State of the | |
power to make regulations under each of sections 89 and 90 above, the | 45 |
instrument containing the regulations shall not be made unless a draft | |
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of the instrument has been laid before, and approved by a resolution of, | |
each House of Parliament.” | |
(9) Schedule 7 (pre-1985 fluoridation schemes) shall cease to have effect. | |
(10) With effect from the commencement day, any relevant application shall have | |
effect for the purposes of subsection (1) of section 87 of the WIA as a request | 5 |
made by a relevant authority under that subsection. | |
(11) Any other application made before the commencement day ceases to have | |
effect on that day. | |
(12) In subsections (10) and (11)— | |
“commencement day” means the day when this section comes into force, | 10 |
and | |
“relevant application” means an application which— | |
(a) was made before the passing of this Act, | |
(b) has not been withdrawn, and | |
(c) has not been rejected in writing by the water undertaker to | 15 |
which it was made. | |
(13) In subsections (11) and (12) “application” means an application made under | |
section 87 of the WIA as it was in force at the time when the application was | |
made (and includes an application made under section 1 of the Water | |
(Fluoridation) Act 1985 (c. 63) and having effect as if made under section 87 of | 20 |
the WIA). | |
Water resale | |
59 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. | 25 |
(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 | 30 |
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 | 35 |
is substituted— | |
“(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 | 40 |
the charge.” | |
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