House of Commons Public Bill Committee Proceedings

Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee Proceedings: 31 March 2011
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Health and Social Care Bill, continued

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,

(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

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Health and Social Care Bill, continued

(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).

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);

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Health and Social Care Bill, continued

(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

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.

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Health and Social Care Bill, continued

(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.

(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.

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Health and Social Care Bill, continued

(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

(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

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Health and Social Care Bill, continued

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

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

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Health and Social Care Bill, continued

(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);

(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



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