Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 29 March 2011

559

Health and Social Care Bill, continued

“(3A)

The Secretary of State may make a request under subsection (1) only if

the Secretary of State is required to do so by section 88G(2) (following

the making of a fluoridation proposal in accordance with section 88B).”

(4)	In subsection (4) of that section, for paragraph (a) substitute—

“(a)	in relation to England, such area as the Secretary of State

considers appropriate for the purpose of complying with section

88G(2);”.

(5)	After subsection (7) of that section insert—

“(7A)

The Secretary of State must, in relation to the terms to be included in any

arrangements under this section, consult any local authority whose area

includes, coincides with or is wholly or partly within the specified area.

(7B)	In this section and the following provisions of this Chapter “local

authority” means—

(a)	a county council in England;

(b)	a district council in England, other than a council for a district in

a county for which there is a county council;

(c)	a London borough council;

(d)	the Common Council of the City of London.”

(6)	After subsection (7B) of that section (as inserted by subsection (5) above)

insert—

“(7C)

If the Secretary of State and the Welsh Ministers request a particular

water undertaker to enter into arrangements in respect of adjoining

areas—

(a)	they must co-operate with each other so as to secure that the

arrangements (taken together) are operable and efficient; and

(b)	if suitable terms are not agreed for all the arrangements, a

combined reference may be made by them under section 87B

below to enable the terms of each set of arrangements to be

determined so that they are consistent.

(7D)	If the Secretary of State requests a water undertaker to vary arrangements

for an area which adjoins an area in respect of which the Welsh Ministers

have made arrangements with the same water undertaker, the Secretary

of State must co-operate with the Welsh Ministers so as to secure that

following the variation the arrangements (taken together) will be

operable and efficient.

(7E)	If the Welsh Ministers request a water undertaker to vary arrangements

for an area which adjoins an area in respect of which the Secretary of

State has made arrangements with the same water undertaker, the Welsh

Ministers must co-operate with the Secretary of State so as to secure that

following the variation the arrangements (taken together) will be

operable and efficient.

(7F)	If suitable terms are not agreed for a variation to which subsection (7D)

or (7E) applies, a combined reference may be made by the Secretary of

State and the Welsh Ministers under section 87B below so that (following

the variation) both sets of arrangements are consistent.”

(7)	Omit subsections (8) to (10) of that section.

(8)	In subsection (11) of that section for “a relevant authority” substitute “the Welsh

Ministers”.

(9)	In section 87A (target concentration of fluoridation), after subsection (3) insert—

Public Bill Committee: 29 March 2011

560

Health and Social Care Bill, continued

“(3A)

If the Secretary of State proposes to—

(a)	make arrangements which provide for the concentration in the

specified area (or any part of it) to be lower than the general

target concentration, or

(b)	vary existing arrangements so that they so provide,

the Secretary of State shall consult any local authority whose area

includes, coincides with or is wholly or partly within the specified area.”

(10)	In section 87B (fluoridation arrangements: determination of terms), in subsection

(2) —

(a)	for paragraph (a) substitute—

“(a)	the Secretary of State may—

(i)	determine the terms of the arrangements as the Secretary

of State sees fit; or

(ii)	refer the matter for determination by such other person

as the Secretary of State considers appropriate; and”,

and

(b)	omit paragraph (b).

(11)	In that section, in subsection (4) for the words from the beginning to “section

87(8)(b) or (10)” substitute “Where a combined reference is made under section

87(7C)(b) or 87(7F)”.

(12)	In section 87C (fluoridation arrangements: compliance), omit subsection (8).

(13)	In section 89—

(a)	in the heading, after “Consultation” insert “:Wales”,

(b)	in subsections (1) and (4) for “a relevant authority” substitute “the Welsh

Ministers”,

(c)	in subsection (1) for “the appropriate authority” (in each place where it

occurs) substitute “the Welsh Ministers”,

(d)	in subsection (3), in paragraph (a) for “relevant authorities” substitute

“the Welsh Ministers”,

(e)	in subsection (4) for “the appropriate authority so directs” substitute “the

Welsh Ministers so direct”, and

(f)	omit subsection (5).

(14)	In section 90A (review of fluoridation) after subsection (5) insert—

“(5A)

The relevant authority must, in exercising its functions under subsection

(1)—

(a)	consult any local authority affected by the arrangements at such

times as the relevant authority considers appropriate, and

(b)	in particular, consult any such local authority before it publishes

a report under paragraph (b) of that subsection.”’.

Procedural requirements in connection with fluoridation of water supplies

Mr Simon Burns

NC20

To move the following Clause:—

‘After section 88A of the Water Industry Act 1991 insert—

Public Bill Committee: 29 March 2011

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Health and Social Care Bill, continued

“88B	Requirement for fluoridation proposal: England

(1)	The Secretary of State may not request a water undertaker to enter into

arrangements under section 87(1) unless a fluoridation proposal is made

to the Secretary of State.

(2)	A fluoridation proposal is a proposal that the Secretary of State enter into

arrangements with one or more water undertakers to increase the fluoride

content of the water supplied by the undertaker or undertakers to

premises within such area or areas in England as may be specified in the

proposal.

(3)	A fluoridation proposal may be made by one or more local authorities in

England.

(4)	A local authority may not make a fluoridation proposal unless its area

includes, coincides with or is wholly or partly within the area, or at least

one of the areas, specified in the proposal.

(5)	In the following provisions of this Chapter, “proposer”, in relation to a

fluoridation proposal, means the local authority or authorities which

made the proposal.

(6)	Any reference in the following provisions of this Chapter to a local

authority affected by a fluoridation proposal is a reference to a local

authority whose area includes, coincides with or is wholly or partly

within the area, or at least one of the areas, specified in the proposal.

88C	Initial consultation etc. on fluoridation proposal

(1)	This section applies if a fluoridation proposal is made.

(2)	The proposer must consult the Secretary of State as to whether the

arrangements which would result from implementing the proposal would

be operable and efficient.

(3)	The proposer must consult each water undertaker who supplies water to

premises within the area or areas specified in the proposal as to whether

the arrangements which would result from implementing the proposal,

insofar as they might affect the undertaker, would be operable and

efficient.

(4)	Each person consulted under subsection (2) or (3) must give the proposer

its opinion on the matter mentioned in that subsection.

(5)	The proposer must notify the Secretary of State of the opinion of each

water undertaker consulted under subsection (3).

(6)	If the Secretary of State informs the proposer that the Secretary of State

is of the opinion that the arrangements would not be operable and

efficient, no further steps may be taken in relation to the proposal.

88D	Additional requirements where other local authorities affected

(1)	This section applies where—

(a)	a fluoridation proposal is made,

(b)	the Secretary of State is of the opinion that the arrangements

which would result from implementing the proposal would be

operable and efficient,

Public Bill Committee: 29 March 2011

562

Health and Social Care Bill, continued

(c)	one or more local authorities other than the proposer are affected

by the proposal, and

(d)	the proposer wishes to take further steps in relation to the

proposal.

(2)	The proposer must notify any other local authority which is affected by

the proposal.

(3)	The proposer must make arrangements for enabling the authorities

affected by the proposal to decide whether further steps should be taken

in relation to the proposal.

(4)	The Secretary of State must by regulations—

(a)	make provision as to the arrangements which must be made for

the purposes of subsection (3), and

(b)	prescribe conditions, with respect to the outcome of the

arrangements, which must be satisfied before any further steps

may be taken in relation to the proposal.

88E	Decisions on fluoridation proposal

(1)	This section applies where—

(a)	a fluoridation proposal is made,

(b)	the Secretary of State is of the opinion that the arrangements

which would result from implementing the proposal would be

operable and efficient,

(c)	in a case where section 88D applies, the conditions prescribed

under subsection (4)(b) of that section are satisfied, and

(d)	the proposer wishes to take further steps in relation to the

proposal.

(2)	The proposer must comply with such requirements as may be prescribed

in regulations made by the Secretary of State as to the steps to be taken

for the purposes of consulting and ascertaining opinion in relation to the

proposal.

(3)	The proposer may (after any requirements imposed by regulations under

subsection (2) have been complied with) modify the proposal.

(4)	But the proposal may not be modified so as to extend the boundary of any

area to which it relates, or to add another area, except in circumstances

prescribed in regulations by the Secretary of State.

(5)	The proposer must (after any requirements imposed by regulations under

subsection (2) have been complied with) decide whether to request the

Secretary of State to make such requests under section 87(1) as are

necessary to implement the proposal.

(6)	The Secretary of State may by regulations make provision—

(a)	as to factors which the proposer must or may take into account in

making the decision mentioned in subsection (5);

(b)	as to the procedure to be followed by the proposer in exercising

functions under or by virtue of subsection (2) or (5).

© Parliamentary copyright	Revised 29 March 2011