|
| |
|
29 | Abolition of Primary Care Trusts |
| |
(1) | The Primary Care Trusts continued in existence or established under section 18 |
| |
of the National Health Service Act 2006 are abolished. |
| |
(2) | Chapter 2 of Part 2 of that Act (Primary Care Trusts) is repealed. |
| |
Functions relating to fluoridation of water |
| 5 |
30 | Fluoridation of water supplies |
| |
(1) | Chapter 4 of Part 3 of the Water Industry Act 1991 (fluoridation), as amended |
| |
by the Water Act 2003, is amended as follows. |
| |
(2) | In section 87 (fluoridation of water supplies at request of relevant authorities), |
| |
in subsection (3)(a) for sub-paragraph (i) substitute— |
| 10 |
“(i) | in relation to areas in England, are to the Secretary of |
| |
| |
(3) | After subsection (3) of that section insert— |
| |
“(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 |
| 15 |
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 |
| |
| 20 |
(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 |
| |
| 25 |
(7B) | In this section and the following provisions of this Chapter “local |
| |
| |
(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; |
| 30 |
(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) |
| |
| |
“(7C) | If the Secretary of State and the Welsh Ministers request a particular |
| 35 |
water undertaker to enter into arrangements in respect of adjoining |
| |
| |
(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 |
| 40 |
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 |
| 5 |
(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 |
| 10 |
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 |
| 15 |
(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 |
| |
| |
(9) | In section 87A (target concentration of fluoridation), after subsection (3) |
| 20 |
| |
“(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 |
| |
| 25 |
(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 |
| |
| |
(10) | In section 87B (fluoridation arrangements: determination of terms), in |
| 30 |
| |
(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 |
| 35 |
(ii) | refer the matter for determination by such other person |
| |
as the Secretary of State considers appropriate; and”, |
| |
| |
| |
(11) | In that section, in subsection (4) for the words from the beginning to “section |
| 40 |
87(8)(b) or (10)” substitute “Where a combined reference is made under section |
| |
| |
(12) | In section 87C (fluoridation arrangements: compliance), omit subsection (8). |
| |
| |
(a) | in the heading, after “Consultation” insert “:Wales”, |
| 45 |
(b) | in subsections (1) and (4) for “a relevant authority” substitute “the |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(e) | in subsection (4) for “the appropriate authority so directs” substitute |
| 5 |
“the Welsh Ministers so direct”, and |
| |
| |
(14) | In section 90A (review of fluoridation) after subsection (5) insert— |
| |
“(5A) | The relevant authority must, in exercising its functions under |
| |
| 10 |
(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.” |
| |
31 | Procedural requirements in connection with fluoridation of water supplies |
| 15 |
After section 88A of the Water Industry Act 1991 insert— |
| |
“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. |
| 20 |
(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 |
| |
| 25 |
(3) | A fluoridation proposal may be made by one or more local authorities |
| |
| |
(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. |
| 30 |
(5) | In the following provisions of this Chapter, “proposer”, in relation to a |
| |
fluoridation proposal, means the local authority or authorities which |
| |
| |
(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 |
| 35 |
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 |
| 40 |
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 |
| |
| 5 |
(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 |
| 10 |
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, |
| 15 |
(b) | the Secretary of State is of the opinion that the arrangements |
| |
which would result from implementing the proposal would be |
| |
| |
(c) | one or more local authorities other than the proposer are |
| |
affected by the proposal, and |
| 20 |
(d) | the proposer wishes to take further steps in relation to the |
| |
| |
(2) | The proposer must notify any other local authority which is affected by |
| |
| |
(3) | The proposer must make arrangements for enabling the authorities |
| 25 |
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 |
| 30 |
(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 | Decision on fluoridation proposal |
| |
(1) | This section applies where— |
| 35 |
(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 |
| |
| |
(c) | in a case where section 88D applies, the conditions prescribed |
| 40 |
under subsection (4)(b) of that section are satisfied, and |
| |
(d) | the proposer wishes to take further steps in relation to the |
| |
| |
(2) | The proposer must comply with such requirements as may be |
| |
prescribed in regulations made by the Secretary of State as to the steps |
| 45 |
|
| |
|
| |
|
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 |
| 5 |
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) |
| 10 |
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 |
| 15 |
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— |
| 20 |
(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— |
| 25 |
(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 191 of the Health and Social Care Act 2011 |
| 30 |
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 195(b) of the Health and Social Care Act 2011 to establish a joint |
| |
sub-committee of the Boards to exercise the fluoridation functions. |
| 35 |
(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 |
| |
| |
(b) | as to the membership of a joint committee established under |
| 40 |
subsection (2)(b) (including provision as to qualification and |
| |
disqualification for membership and the holding and vacating |
| |
| |
(c) | as to the membership of a joint sub-committee of Health and |
| |
Wellbeing Boards established in accordance with subsection (3); |
| 45 |
|
| |
|
| |
|
(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 |
| 5 |
requests under section 87(1) as are necessary to implement a |
| |
| |
(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. |
| 10 |
(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 |
| 15 |
(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 |
| 20 |
| |
(3) | The amount to be paid by each of the affected local authorities is to be |
| |
| |
(a) | where a joint committee, or a joint sub-committee of Health and |
| |
Wellbeing Boards, has exercised the fluoridation functions of |
| 25 |
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; |
| 30 |
(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 |
| |
| |
(a) | determine the amount to be paid, or |
| 35 |
(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. |
| 40 |
(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. |
| 45 |
|
| |
|
| |
|
(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) |
| 5 |
(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 |
| 10 |
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 |
| |
| |
(3) | Subsection (1) does not apply in relation to a variation to provide for the |
| 15 |
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 |
| 20 |
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 |
| 25 |
| |
(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 |
| 30 |
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 |
| |
| |
(9) | In relation to a proposal for the variation of the area specified in |
| 35 |
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. |
| 40 |
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 |
| 45 |
with the proposal would be operable and efficient. |
| |
|
| |
|