Session 2010 - 11
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88F    

Decision-making procedure: exercise of functions by committee

 

(1)    

This section applies in relation to the exercise of functions under or by

 

virtue of section 88E(2) to (5) (“the fluoridation functions”) except where

 

the proposer is a single local authority and either—

 

(a)    

no other local authorities are affected by the proposal, or

 

(b)    

no other local authority which is affected by the proposal informs

 

the proposer that it wishes to participate in the exercise of the

 

fluoridation functions.

 

(2)    

The local authorities affected by the proposal must—

 

(a)    

arrange for an existing joint committee of the authorities to

 

exercise the fluoridation functions,

 

(b)    

establish a joint committee of the authorities for that purpose, or

 

(c)    

arrange for the Health and Wellbeing Boards established by

 

them under section 178 of the Health and Social Care Act 2011

 

to exercise the fluoridation functions.

 

(3)    

Where arrangements are made under subsection (2)(c) the Health and

 

Wellbeing Boards in question must exercise the power conferred by

 

section 182(b) of the Health and Social Care Act 2011 to establish a joint

 

sub-committee of the Boards to exercise the fluoridation functions.

 

(4)    

The Secretary of State may by regulations make provision—

 

(a)    

for subsection (2)(a) to apply only in relation to a joint committee

 

which meets prescribed conditions as to its membership;

 

(b)    

as to the membership of a joint committee established under

 

subsection (2)(b) (including provision as to qualification and

 

disqualification for membership and the holding and vacating of

 

office as a member);

 

(c)    

as to the membership of a joint sub-committee of Health and

 

Wellbeing Boards established in accordance with subsection (3);

 

(d)    

as to the procedure to be followed by any joint committee, or any

 

joint sub-committee of Health and Wellbeing Boards, in

 

exercising the fluoridation functions.

 

88G    

Secretary of State’s duty in relation to fluoridation proposal

 

(1)    

This section applies if the Secretary of State is requested to make such

 

requests under section 87(1) as are necessary to implement a fluoridation

 

proposal.

 

(2)    

The Secretary of State must comply with the request if the Secretary of

 

State is satisfied that the requirements imposed by sections 88B to 88F

 

have been met in relation to the proposal.

 

(3)    

Subsection (2) does not require the Secretary of State to consider the

 

adequacy of any steps taken for the purposes of complying with any

 

requirement to consult or to ascertain opinion which is imposed under or

 

by virtue of section 88C(2) or (3), 88D(3) or 88E(2).

 

88H    

Payments by local authorities towards fluoridation costs

 

(1)    

This section applies where a water undertaker enters into arrangements

 

with the Secretary of State under section 87(1).

 

(2)    

The Secretary of State may require all local authorities affected by the

 

arrangements to make payments to the Secretary of State to meet any


 
 

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costs incurred by the Secretary of State under the terms of the

 

arrangements.

 

(3)    

The amount to be paid by each of the affected local authorities is to be

 

determined—

 

(a)    

where a joint committee, or a joint sub-committee of Health and

 

Wellbeing Boards, has exercised the fluoridation functions of the

 

authorities in relation to the proposal which resulted in the

 

arrangements being made and the committee or sub-committee

 

continues to exist at the time when the Secretary of State

 

exercises the power conferred by subsection (2), by that

 

committee or sub-committee;

 

(b)    

in any other case, by agreement between the local authorities.

 

(4)    

If the amount to be paid by the affected local authorities is not determined

 

as mentioned in subsection (3), the Secretary of State may—

 

(a)    

determine the amount to be paid, or

 

(b)    

refer the matter for determination by such other person as the

 

Secretary of State considers appropriate.

 

(5)    

The amount determined in accordance with subsection (3) may, at the

 

request of one or more of the affected local authorities, be varied with the

 

agreement of all of them.

 

(6)    

If the affected local authorities fail to reach agreement for the purposes

 

of subsection (5), the Secretary of State may—

 

(a)    

determine whether to vary the amount (and, if so, how), or

 

(b)    

refer the matter for determination by such other person as the

 

Secretary of State considers appropriate.

 

(7)    

Any reference in this section to a local authority affected by

 

arrangements under section 87(1) is a reference to a local authority whose

 

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

 

specified in the arrangements.

 

88I    

Variation or termination of arrangements under section 87(1)

 

(1)    

The Secretary of State may not request a water undertaker to vary

 

arrangements entered into by the water undertaker under section 87(1)

 

unless a proposal (“a variation proposal”) is made to the Secretary of

 

State for a variation in the arrangements.

 

(2)    

The Secretary of State may not give notice to a water undertaker under

 

section 87C(7) to terminate arrangements entered into by the water

 

undertaker under section 87(1) unless a proposal (“a termination

 

proposal”) is made to the Secretary of State for the termination of the

 

arrangements.

 

(3)    

Subsection (1) does not apply in relation to a variation to provide for the

 

concentration of fluoride in the area specified in the arrangements (or any

 

part of it) to be lower than the general target concentration.

 

(4)    

The Secretary of State may by regulations provide that subsection (1) or

 

(2) does not apply in prescribed circumstances.

 

(5)    

A variation or termination proposal may be made by one or more of the

 

local authorities affected by the arrangements.


 
 

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(6)    

The Secretary of State may by regulations provide that, where a

 

termination proposal is made in relation to arrangements under section

 

87(1), no further termination proposal may be made in relation to the

 

arrangements until the end of such period as may be specified in the

 

regulations.

 

(7)    

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

 

variation or termination proposal, means the local authority or authorities

 

which made the proposal.

 

(8)    

Any reference in this section and in the following provisions of this

 

Chapter to a local authority affected by a variation or termination

 

proposal is a reference to a local authority whose area includes, coincides

 

with or is wholly or partly within the area specified in the arrangements.

 

(9)    

In relation to a proposal for the variation of the area specified in

 

arrangements under section 87(1), any reference in this section and in the

 

following provisions of this Chapter to a local authority affected by the

 

proposal also includes a reference to a local authority whose area would

 

include, coincide with or be wholly or partly within the area specified in

 

the arrangements if the variation were made.

 

88J    

Initial consultation etc. on variation or termination proposal

 

(1)    

This section applies if a variation or termination proposal is made.

 

(2)    

In the case of a variation proposal, the proposer must consult the

 

Secretary of State and the water undertaker who entered into the

 

arrangements as to whether the arrangements as varied in accordance

 

with the proposal would be operable and efficient.

 

(3)    

In the case of a termination proposal, the proposer must consult the

 

Secretary of State and the water undertaker who entered into the

 

arrangements as to whether it would be reasonably practicable to

 

terminate the arrangements.

 

(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 (2) or (3).

 

(6)    

If the Secretary of State informs the proposer that the Secretary of State

 

is of the opinion that the arrangements as varied would not be operable

 

and efficient or (as the case may be) that it would not be reasonably

 

practicable to terminate the arrangements, no further steps may be taken

 

in relation to the proposal.

 

88K    

Additional requirements where other local authorities affected

 

(1)    

This section applies where—

 

(a)    

a variation or termination proposal is made,

 

(b)    

the Secretary of State is of the opinion that the arrangements as

 

varied would be operable and efficient or (as the case may be)

 

that it would be reasonably practicable to terminate the

 

arrangements,

 

(c)    

one or more local authorities other than the proposer are affected

 

by the proposal, and


 
 

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(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 may by regulations provide that the duty in

 

subsection (3) does not apply in prescribed circumstances.

 

(5)    

The duty in subsection (3) does not apply in relation to a termination

 

proposal if the Secretary of State so directs by an instrument in writing

 

(and such a direction may apply generally or in relation to a particular

 

proposal).

 

(6)    

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.

 

88L    

Decisions on variation or termination proposal

 

(1)    

This section applies where—

 

(a)    

a variation or termination 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 or (as the case may be) that it would be

 

reasonably practicable to terminate the arrangements,

 

(c)    

in a case where the duty in section 88K(3) applies, the conditions

 

prescribed under subsection (6)(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 Secretary of State may by regulations provide that the duty in

 

subsection (2) does not apply in prescribed circumstances.

 

(4)    

The duty in subsection (2) does not apply in relation to a termination

 

proposal if the Secretary of State so directs by an instrument in writing

 

(and such a direction may apply generally or in relation to a particular

 

termination proposal).

 

(5)    

The proposer of a variation proposal may (after any requirements

 

imposed by regulations under subsection (2) have been complied with)

 

modify the proposal.

 

(6)    

But, except in circumstances prescribed in regulations by the Secretary

 

of State, the proposal may not be modified so as to propose the extension

 

of the boundary of the area specified in the arrangements or, if the


 
 

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proposal is that the arrangements be varied so as to extend the boundary,

 

may not be modified so as to propose a further extension of it.

 

(7)    

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 request the water undertaker to vary the

 

arrangements or (as the case may be) to give notice under section 87C(7)

 

to the water undertaker to terminate the arrangements.

 

(8)    

The Secretary of State may by regulations may make provision—

 

(a)    

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

 

making the decision mentioned in subsection (7);

 

(b)    

as to the procedure to be followed by the proposer in exercising

 

functions under or by virtue of subsection (2) or (7).

 

88M    

Decision-making procedure: exercise of functions by committee

 

(1)    

This section applies in relation to the exercise of functions under or by

 

virtue of section 88L(2) to (7) (“the relevant functions”) except where the

 

proposer is a single local authority and either—

 

(a)    

no other local authorities are affected by the proposal, or

 

(b)    

no other local authority which is affected by the proposal informs

 

the proposer that it wishes to participate in the exercise of the

 

functions.

 

(2)    

The local authorities affected by the proposal must—

 

(a)    

arrange for an existing joint committee of the authorities to

 

exercise the relevant functions,

 

(b)    

establish a joint committee of the authorities for that purpose, or

 

(c)    

arrange for the Health and Wellbeing Boards established by

 

them under section 178 of the Health and Social Care Act 2011

 

to exercise the relevant functions.

 

(3)    

The Secretary of State may by regulations provide that the duty in

 

subsection (2) does not apply in prescribed circumstances.

 

(4)    

The duty in subsection (2) does not apply in relation to a termination

 

proposal if the Secretary of State so directs by an instrument in writing

 

(and such a direction may apply generally or in relation to a particular

 

termination proposal).

 

(5)    

Where arrangements are made under subsection (2)(c) the Health and

 

Wellbeing Boards in question must exercise the power conferred by

 

section 182(b) of the Health and Social Care Act 2011 to establish a joint

 

sub-committee of the Boards to exercise the relevant functions.

 

(6)    

The Secretary of State may by regulations make provision—

 

(a)    

for subsection (2)(a) to apply only in relation to a joint committee

 

which meets prescribed conditions as to its membership;

 

(b)    

as to the membership of a joint committee established under

 

subsection (2)(b) (including provision as to qualification and

 

disqualification for membership and the holding and vacating of

 

office as a member);

 

(c)    

as to the membership of a joint sub-committee of Health and

 

Wellbeing Boards established in accordance with subsection (5);


 
 

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(d)    

as to the procedure to be followed by any joint committee, or any

 

joint sub-committee of Health and Wellbeing Boards, in

 

exercising the relevant functions.

 

88N    

Secretary of State’s duty in relation to requests for variation or

 

termination

 

(1)    

This section applies if (following the making of a variation or termination

 

proposal) the Secretary of State is requested—

 

(a)    

to request a variation of arrangements entered into under section

 

87(1), or

 

(b)    

(as the case may be) to give notice under section 87C(7) to a

 

water undertaker to terminate such arrangements.

 

(2)    

The Secretary of State must comply with the request if satisfied that the

 

requirements imposed by sections 88I to 88M have been met in relation

 

to the proposal.

 

(3)    

Subsection (2) does not require the Secretary of State to consider the

 

adequacy of any steps taken for the purposes of complying with any

 

requirement to consult or to ascertain opinion which is imposed under or

 

by virtue of section 88J(2) or (3), 88K(3) or 88L(2).

 

88O    

Power to make regulations as to maintenance of section 87

 

arrangements

 

(1)    

The Secretary of State may by regulations prescribe circumstances in

 

which arrangements must be made in accordance with the regulations—

 

(a)    

for consulting and ascertaining opinion on whether arrangements

 

under section 87(1) (“section 87(1) arrangements”) should be

 

maintained, and

 

(b)    

for enabling authorities affected by section 87(1) arrangements

 

to decide whether to propose to the Secretary of State that they

 

be maintained.

 

(2)    

The regulations must make provision requiring the Secretary of State to

 

give notice under section 87C(7) to a water undertaker to terminate

 

section 87(1) arrangements entered into by the undertaker if—

 

(a)    

the outcome of arrangements made by virtue of subsection (1)(b)

 

is that the affected authorities decide not to propose that the

 

section 87(1) arrangements be maintained, and

 

(b)    

the Secretary of State is satisfied that any requirements imposed

 

by regulations under subsection (1), as to the arrangements to be

 

made for the purposes mentioned in that subsection, have been

 

met.

 

(3)    

Subsection (2)(b) does not require the Secretary of State to consider the

 

adequacy of any steps taken for the purposes of complying with any

 

requirement to consult or to ascertain opinion which is imposed by

 

regulations made under subsection (1).

 

(4)    

The provision that may be made by regulations under subsection (1) (as

 

to the arrangements to be made for the purposes mentioned in that


 
 

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subsection) includes provision corresponding, or similar, to any

 

requirements imposed by or under sections 88K to 88M.”’.

 


 

Fluoridation of water supplies: transitional provision

 

Mr Simon Burns

 

NC21

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

In relation to any time on or after the commencement of section (Fluoridation of

 

water supplies), any relevant arrangements which have effect immediately before

 

its commencement are to be treated for the purposes of Chapter 4 of Part 3 of the

 

Water Industry Act 1991 as if they were arrangements entered into by the water

 

undertaker with the Secretary of State under section 87(1) of that Act.

 

(2)    

In subsection (1) “relevant arrangements” means—

 

(a)    

any arrangements entered into by a water undertaker with a Strategic

 

Health Authority under section 87(1) of the Water Industry Act 1991, and

 

(b)    

any arrangements which are treated as arrangements falling within

 

paragraph (a) by virtue of section 91 of that Act (as it had effect

 

immediately before the commencement of this section).

 

(3)    

In its application to arrangements which are treated by virtue of subsection (1) as

 

arrangements entered into by a water undertaker with the Secretary of State under

 

section 87(1) of the Water Industry Act 1991, section 88H of that Act applies as

 

if for subsection (3) there were substituted—

 

“(3)    

The amount to be paid by each of the affected local authorities is to be

 

determined by agreement between the local authorities.”.

 

(4)    

Section 91 of the Water Industry Act 1991 (pre-1985 fluoridation schemes)

 

ceases to have effect in relation to arrangements which are (by virtue of

 

subsection (1)) treated as if they were arrangements entered into by a water

 

undertaker with the Secretary of State under section 87(1) of that Act.’.

 


 

Special notices of births and deaths

 

Mr Simon Burns

 

NC22

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Section 269 of the National Health Service Act 2006 (special notices of births and

 

deaths) is amended as follows.

 

(2)    

For subsection (2) substitute—

 

“(2)    

Each registrar of births and deaths must furnish to such relevant body or

 

bodies as may be determined in accordance with regulations the

 

particulars of such births or deaths entered in a register of births or deaths

 

kept for the registrar’s sub-district as may be prescribed.”


 
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