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Amendments to the Water Bill [HL]

Water Bill [HL]



After Clause 58



Insert the following new Clause—
  "Fluoridation of water supplies
(1)  The WIA is amended as follows.
(2)  For section 87 (fluoridation of water supplies at request of health authorities) there is substituted—
    "87Fluoridation of water supplies at request of relevant authorities
    (1)  If requested in writing to do so by a relevant authority, a water undertaker shall enter into arrangements with the relevant authority to increase the fluoride content of the water supplied by that undertaker to premises within the area specified in the arrangements.
    (2)  But a water undertaker shall not be required by subsection (1) above to enter into any such arrangements until it has been given an indemnity with respect to the arrangements in accordance with section 90 below (and any regulations made under that section).
    (3)  In this section and the following provisions of this Chapter—
    (a)  references to a relevant authority—
    (i)  in relation to areas in England, are to a Strategic Health Authority established under section 8 of the National Health Service Act 1977;
    (ii)  in relation to areas in Wales, are to the Assembly; and
    (b)  references to water supplied by a water undertaker are to water supplied (whether by a water undertaker or a licensed water supplier) to premises using the supply system of that undertaker.
    (4)  The area specified in arrangements under this section may be—
    (a)  in relation to England, the whole or any part of the area of the Strategic Health Authority in question;
    (b)  in relation to Wales, such area comprising the whole or any part of Wales as the Assembly may determine.
    (5)  The arrangements shall include provisions designed to secure that the concentration of fluoride in the water supplied to premises in the area in question is, so far as reasonably practicable, maintained at a target concentration of one milligram per litre.
    (6)  The arrangements shall be on such terms as may be agreed between the relevant authority and the water undertaker or, in the absence of agreement, determined in accordance with section 87A below.
    (7)  The terms may, for example, include provision—
    (a)  requiring payments to be made by the relevant authority to the water undertaker;
    (b)  specifying circumstances in which the requirement to increase the fluoride content may be temporarily suspended; and
    (c)  for the variation of the arrangements at the request of the relevant authority.
    (8)  The relevant authority shall consult the Authority in relation to the terms to be included in any arrangements under this section (in particular, terms which affect the operation of the water undertaker's supply system).
    (9)  The fluoride content of water supplied by a water undertaker may not be increased except in accordance with arrangements entered into by the undertaker under this section, but this shall not prevent—
    (a)  increases made by a third party on behalf of the undertaker in accordance with those arrangements; or
    (b)  incidental increases which may occur as a result of operational blending.
    87AFluoridation arrangements: determination of terms
    (1)  This section applies if a relevant authority and a water undertaker fail to agree the terms of arrangements requested by the relevant authority pursuant to section 87(1) above.
    (2)  In relation to areas in England—
    (a)  the relevant authority may refer the matter to the Secretary of State for determination;
    (b)  following such a reference, the Secretary of State shall determine the terms of the arrangements as he sees fit; and
    (c)  the determination of the Secretary of State shall be final.
    (3)  In relation to areas in Wales—
    (a)  the Assembly may—
    (i)  determine the terms of the arrangements itself as it sees fit; or
    (ii)  refer the matter for determination by such other person as it considers appropriate; and
    (b)  the determination of the Assembly or, as the case may be, the other person shall be final.
    (4)  Following determination under this section of the terms to be included in any arrangements—
    (a)  the relevant authority shall give notice of the determination to the water undertaker in question; and
    (b)  the undertaker shall be deemed to have entered into the arrangements under section 87(1) above on the terms determined under this section with effect from the day after the date of the notice.
    (5)  References in this Chapter to arrangements entered into under section 87(1) above shall include arrangements deemed to have been entered into under that section by virtue of subsection (4)(b) above.
    87BFluoridation arrangements: compliance
    (1)  It shall be the duty of each water undertaker to comply with any arrangements entered into by it under section 87(1) above.
    (2)  Where, pursuant to any such arrangements, the fluoride content of any water is increased, the increase may be effected only by the addition of one or more of the following compounds of fluorine—
      hexafluorosilicic acid (H2SiF6)
      disodium hexafluorosilicate (Na2SiF6)
    (3)  Subject to subsection (4) below, water to which fluoride has been added pursuant to any such arrangements entered into by a water undertaker (with a view to its supply in an area) may be supplied by that or any other undertaker to premises in any other area (whether or not that other area is the subject of arrangements under section 87(1) above).
    (4)  Subsection (3) above applies if (and only if) the undertaker or undertakers concerned consider that it is necessary for the water to be supplied in the other area—
    (a)  for the purpose of dealing with any serious deficiency in supply; or
    (b)  in connection with the carrying out of any works (including cleaning and maintenance) by the undertaker concerned or, as the case may be, by the undertakers concerned, or by a licensed water supplier supplying water using its or their supply system.
    (5)  In this section—
    (a)  the reference, in subsection (3) above, to water to which fluoride has been added pursuant to arrangements includes a reference to water to which fluoride has been added by Scottish Water in exercise of the power conferred by section 1 of the Water (Fluoridation) Act 1985; and
    (b)  in relation to a supply of such water by a water undertaker, the reference, in subsection (4) above, to the water undertakers concerned shall have effect as references to the water undertaker and Scottish Water.
    (6)  In subsection (4) above, "serious deficiency in supply" means any existing or threatened serious deficiency in the supply of water (whether in quantity or quality) caused by an exceptional lack of rain or by any accident or unforeseen circumstances.
    (7)  Arrangements entered into under section 87(1) above shall remain in force until the relevant authority, after giving reasonable notice to the water undertaker, terminates them."
(3)  In section 88 (power to vary permitted fluoridation agents), in subsection (1), for "87(4)" there is substituted "87B(2)".
(4)  After section 88 there is inserted—
    "88APower to vary target concentration of fluoride
    (1)  The Secretary of State may by order made by statutory instrument provide that section 87(5) above is to have effect as if for "one milligram per litre" there were substituted a lower concentration specified in the order.
    (2)  An order under subsection (1) above may make different provision for different geographical areas, or for some such areas and not others.
    (3)  A statutory instrument containing an order under subsection (1) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."
(5)  For section 89 there is substituted—
    (1)  Before taking any step mentioned in subsection (2) below, a relevant authority shall—
    (a)  consult and ascertain opinion in accordance with regulations made by the Secretary of State; and
    (b)  comply with any prescribed requirements.
    (2)  The steps are—
    (a)  requesting a water undertaker to enter into arrangements under section 87(1) above;
    (b)  requesting a water undertaker to vary any such arrangements in, or except in, prescribed circumstances or cases;
    (c)  giving notice to a water undertaker under section 87B(7) above to terminate any such arrangements;
    (d)  maintaining any such arrangements in prescribed circumstances.
    (3)  The Secretary of State shall by regulations make provision about—
    (a)  the process which relevant authorities are to follow for the purposes of subsection (1)(a) above;
    (b)  the requirements which must be satisfied (with respect to the outcome of that process or otherwise) before a step mentioned in subsection (2) above may be taken.
    (4)  Subsection (1) above shall not apply in relation to a proposal by a relevant authority to take the step mentioned in subsection (2)(c) above if—
    (a)  in relation to England, the Secretary of State so directs the relevant authority;
    (b)  in relation to Wales, the Assembly so determines,
      in each case, either generally or in relation to a particular proposal by the authority."
(6)  For section 90 of the WIA (indemnities in respect of fluoridation) there is substituted—
    "90Indemnities in respect of fluoridation
    (1)  The Secretary of State may, with the consent of the Treasury, agree to indemnify any water undertaker in respect of liabilities which it may incur in complying with arrangements entered into by it pursuant to section 87(1) above.
    (2)  The Secretary of State may by regulations make provision with respect to—
    (a)  the matters in respect of which an indemnity may be given under subsection (1) above;
    (b)  the form and terms of any such indemnity; and
    (c)  such ancillary matters as he sees fit."
(7)  Section 91 of the WIA (pre-1985 fluoridation schemes) shall cease to have effect.
(8)  Schedule 7 to the WIA (pre-1985 fluoridation schemes) shall cease to have effect."

Schedule 8



Page 202, line 9, leave out paragraph 28

Schedule 9



Page 215, line 22, column 2, at end insert "Schedule 7."

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3 July 2003