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Secretary Margaret Beckett
100
Page 123, line 15 [Clause 96], leave out 'sewerage' and insert 'sewage'.
Secretary Margaret Beckett
101
Page 126, line 19 [Clause 98], leave out ', 114'.
Mr Bill Wiggin
Mr George Osborne
15
Page 126, [Clause 98], leave out lines 33 to 38 and insert—
'(3) Substitute for subsection (4)—
"(4) At any time within 21 days after a sewerage undertaker receives a notice under subsection (3) above, the undertaker may by notice to the person who gave the notice—
| (a) | refuse to permit the communication to be made, if it appears to the undertaker that the mode of construction or condition of the drain or sewer— |
| (i) | does not satisfy the standards reasonably required by the undertaker; or |
| (ii) | is such that the making of the communication would be prejudicial to the undertaker's sewerage system; or |
| (b) | where the drain or sewer which it is sought to communicate with the public sewer is to be used for the draining of surface water, refuse permission for the communication to be made, or grant permission for the communication subject to such conditions as it thinks fit, subject to taking into account the considerations set out in subsection (4A) below. |
(4A) Under subsection (4)(b) above, a sewerage undertaker may only refuse permission for a communication to be made, or grant permission for the communication subject to conditions, where it has reasonable grounds for considering that—
| (a) | it is feasible for an alternative method of drainage to be provided, utilised, maintained and kept in repair— |
| (i) | which does not involve communication with the public sewer; but |
| (ii) | which may include the provision of a lateral drain or sewer by any of the means provided for in this Chapter; |
| (b) | this is justifiable taking into account the relative cost to the applicant of— |
| (i) | providing the alternative method of drainage referred to in paragraph (a) above; or |
| (ii) | requisitioning a lateral drain or sewer under sections 98 to 101B above for communication with the public sewer of the undertaker; |
| (c) | where communication of the drains or sewer with the public sewer might contribute towards one or more of the following— |
| (i) | the overloading of the public sewer or the sewerage system of which it forms part, and the consequential overflowing of its contents and the flooding of adjoining property or land; |
| (ii) | the overloading of any sewage disposal works forming part of or connected with the system, so adversely affecting such work's capacity to treat or dispose of sewage in compliance with any statutory requirement or consent applicable to it; |
| (iii) | increased flows in and resulting overflows and discharges from combined foul and surface water sewers which may have adverse effects on the aquatic environment; or |
| (iv) | the pollution of inland waters, the flooding of property or land, or the impairment of river or drainage systems, whether or not arising from the matters described in paragraphs (i), (ii) or (iii) above.".'. |
NEW CLAUSES RELATING TO FLUORIDATION
Prohibition of artificial fluoridation of water supplies
Mr Simon Thomas
NC1
To move the following Clause:—
'(1) The WIA is amended as follows.
(2) For section 87 (fluoridation of water supplies at request of health authorities) there is substituted—
| "87 | Prohibition of artificial fluoridation of water supplies |
| | Water undertakers shall be prohibited from artificially increasing the fluoride content of the water supplied by them." |
(3) Section 88 (power to vary permitted fluoridation agents) shall cease to have effect.
(4) Section 89 (publicity and consultation) shall cease to have effect.
(5) In section 90 (indemnities in respect of fluroridation), at the end there is added—
| "(2) | But no indemnity under this section shall apply in respect of any liability, costs, expenses or expenditure incurred in relation to artificial increases in the fluoride content of water after the coming into force of section [prohibition of artificial fluoridation of water supplies](2) of the Water Act 2003." |
(6) Section 91 (pre-1985 fluoridation schemes) shall cease to have effect.
(7) Schedule 7 (pre-1985 fluoridation schemes) shall cease to have effect.'.
Mr Simon Thomas
1
Page 75, line 7, leave out Clause 58.
Mr Simon Thomas
28
Page 75, line 20 [Clause 58], at end insert—
'(2A) With regard to Wales, neither shall a water undertaker be authorised by subsection (1) above unless and until a referendum on increasing levels of fluoridation has been held in accordance with the provisions of Part 7 of the Political Parties, Elections and Referendums Act 2000 seeking approval of the arrangements from the population residing in the area proposed to be affected.'.
Mr Bill Wiggin
Mr George Osborne
Mr Brian H. Donohoe
Mr Greg Knight
Mr Bill Etherington
Mr James Wray
8
Page 75, line 23 [Clause 58], leave out from 'a' to end of line 25 and insert 'local authority'.
Mr Bill Wiggin
34
Page 76, line 2 [Clause 58], at end insert 'or the water undertaker'.
Mr Bill Wiggin
35
Page 76, line 16 [Clause 58], after 'authority', insert 'or a water undertaker'.
Mr Bill Wiggin
36
Page 76, line 23 [Clause 58], leave out from '(9)' to end of line and insert '—
| (a) | a combined reference may be made by the relevant authorities; or |
| (b) | a reference may be made by the water undertaker.'. |
Mr Bill Wiggin
37
Page 76, line 42 [Clause 58], after 'authority', insert 'or the water undertaker'.
Mr Bill Wiggin
Mr George Osborne
5
Page 77, line 22 [Clause 58], at end insert 'then no fluoridation shall take place'.
Mr Bill Wiggin
38
Page 77, line 26 [Clause 58], after 'authority', insert 'or the water undertaker'.
Mr Bill Wiggin
39
Page 77, line 30 [Clause 58], after 'authority', insert 'or the water undertaker'.
Mr Bill Wiggin
40
Page 77, line 41 [Clause 58], leave out from 'Assembly' to end of line 47 and insert 'or the water undertaker may refer the matter for determination by such person as the Assembly may appoint; and
| (b) | the determination of that person shall be final.'. |
Mr Bill Wiggin
41
Page 78, line 6 [Clause 58], at end insert—
'(4A) In making any determination under this section, the person making the determination—
| (a) | shall secure that the arrangements, their variation or termination (as the case may be) are effected in an operable and efficient manner; or |
| (b) | if this cannot be achieved, shall refuse to require the entry into, variation of, or termination of, the arrangements.'. |
Mr Bill Wiggin
42
Page 78, line 9 [Clause 58], leave out from beginning to 'undertaker' in line 11 and insert—
| '(a) | the person who made the determination shall give notice of his determination to the relevant authority or authorities and the water undertaker in question; and |
| (b) | except when there has been a refusal under subsection (4A)(b) above, such relevant authority or authorities and the water'. |
Mr Bill Wiggin
43
Page 78, line 26 [Clause 58], leave out from 'below' to end of line 30 and insert 'when fluoride is required to be added to water pursuant to any arrangements entered into by a water undertaker (with a view to its supply in an area), the undertaker may—
| (a) | (by itself or through any other undertaker) supply that water to premises in any other area (whether or not that area is the subject of arrangements under section 87(1) above); |
| (b) | stop fluoridating that water; or |
| (c) | reduce the concentration of fluoride in that water to below that required by the arrangements.'. |
Mr Bill Wiggin
44
Page 78, line 32 [Clause 58], leave out from 'that' to end of line 33 and insert 'any of the actions listed in subsection (3) are necessary—'.
Mr Bill Wiggin
45
Page 78, line 35 [Clause 58], leave out 'or'.
Mr Bill Wiggin
46
Page 78, line 40 [Clause 58], at end insert 'or
| (c) | for accommodating any other operational circumstance which necessitates variation of the source of the water being supplied to the area the water supply to which is required to be fluoridated.'. |
Mr Bill Wiggin
Mr George Osborne
6
Page 79, line 44 [Clause 58], after 'consult', insert 'all households'.
Norman Baker
Sue Doughty
23
Page 80, line 34 [Clause 58], at end insert—
'(5A) After section 89 there is inserted—
"89A Assessment and analysis of effects on human health of fluoridated water
(1) Following an increase of the fluoride content of water as a result of arrangements entered into under section 87, a relevant authority shall—
| (a) | undertake an ongoing assessment of the correlation between fluoride consumption and changes in the dental health of the affected population; |
| (b) | undertake an ongoing assessment of the correlation between fluoride consumption and the incidence of any known or suspected adverse effects of fluoride consumption in the affected population; |
| (c) | place all data obtained for the purposes of paragraphs (a) and (b) above in the public domain; and |
| (d) | periodically publish an analysis of the data obtained for the purposes of paragraphs (a) and (b) above. |
(2) The Secretary of State shall by regulations make provisions about the requirements which must be satisfied by relevant authorities for the purposes of subsection (1) above.".'.
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