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Amendment made: No. 90, in page 74, line 33, at end insert—
'( ) Any such proceedings by the Assembly may be instituted and carried on in the name of the Chief Inspector of Drinking Water for Wales, if there is one (or, if subsection (1B)(b) above applies, in the name of the Chief Inspector of Drinking Water).'.—[Mr. Morley.]
Clause 62
Amendment made: No. 94, in page 83, line 23, leave out 'and in accordance with'.—[Mr. Morley.]
Clause 83
Amendments made: No. 95, in page 100, line 40, at end insert 'or to be supplied'.
No. 96, in page 101, line 13, after 'is', insert
'or is deemed to be'.—[Mr. Morley.]
Clause 92
Amendments made: No. 97, in page 116, line 24, leave out 'subsections (4) and (5)' and insert 'subsection (4)'.
No. 98, in page 116, line 34, leave out from 'of' to 'whether' in line 35.
No. 99, in page 116, line 38, at end insert—
'and in subsection (4) of that section, after "subsection (1)" there is inserted "or (1A)".'.—[Mr. Morley.]
Clause 96
Amendment made: No. 100, in page 123, line 15, leave out 'sewerage' and insert 'sewage'.—[Mr. Morley.]
Clause 98
Amendment made: No. 101, in page 126, line 19, leave out ', 114'.—[Mr. Morley.]
'(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 fluoridation), 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 (pre1985 fluoridation schemes) shall cease to have effect.
(7) Schedule 7 (pre1985 fluoridation schemes) shall cease to have effect.'.—[Mr. Simon Thomas.]
Brought up, and read the First time.
Mr. Simon Thomas : I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker : With this it will be convenient to discuss the following:
Amendment No. 1, in page 75, line 7, leave out clause 58.
Amendment No. 28, in clause 58, page 75, line 20, 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
Amendment No. 8, in page 75, line 23, leave out from 'a' to end of line 25 and insert 'local authority'.
Amendment No. 34, in page 76, line 2, at end insert 'or the water undertaker'.
Amendment No. 35, in page 76, line 16, after 'authority', insert 'or a water undertaker'.
Amendment No. 36, in page 76, line 23, 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.'.
Amendment No. 37, in page 76, line 42, after 'authority', insert 'or the water undertaker'.
Amendment No. 38, in page 77, line 26, after 'authority', insert 'or the water undertaker'.
Amendment No. 39, in page 77, line 30, after 'authority', insert 'or the water undertaker'.
Amendment No. 40, in page 77, line 41, 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.'.
Amendment No. 41, in page 78, line 6, 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.'.
Amendment No. 42, in page 78, line 9, 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'.
Amendment No. 45, in page 78, line 35, leave out 'or'.
Amendment No. 46, in page 78, line 40, 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.'.
Amendment No. 6, in page 79, line 44, after 'consult', insert 'all households'.
Amendment No. 23, in page 80, line 34, 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;
(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.".'.
Amendment No. 47, in page 80, line 34, at end insert—
'(5A) After section 89 there is inserted—
"89A Fluoridation arrangements: technical guidance
(1) Without prejudice to Chapter 3 of this Part and the Health and Safety at Work etc. Act 1974, the Secretary of State and the Assembly shall jointly prepare and issue a code of practice containing guidance on the technical standards that must be met by water undertakers in relation to the fluoridation of water supplies.
(2) Such a code of practice shall—
(a) include such provisions, and
(b) be prepared and made in such manner,
as shall be prescribed by regulations made by the Secretary of State.".'.
Amendment No. 48, in page 80, line 37, leave out from 'State' to end of line 48 and insert—
'shall indemnify every water undertaker which enters into arrangements under section 87(1) above against all liabilities that any such undertaker may incur in complying with such arrangements, other than liabilities arising from the undertaker's own fault or negligence.
(2) The Secretary of State shall indemnify every licensed water supplier against all liabilities that any such supplier may incur—
(a) in supplying water to which fluoride has been added by a water undertaker by virtue of any such arrangements; and
(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,
other than liabilities arising from the licensee's own fault or negligence.
(2A) Subject to the preceding provisions of this section, each indemnity shall be on such terms as (with the consent of the Treasury) may be agreed between the Secretary of State and (as the case may be) the undertaker or the licensee.'.
Amendment No. 7, in page 80, line 37, leave out from 'State' to end of line 40 and insert—
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