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(a) the authorities shall 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 the relevant authorities under section 87A below to enable the terms of each set of arrangements to be determined so that they are consistent. (8B) If a relevant authority requests a water undertaker to vary arrangements, the authority shall co-operate with any relevant authority for an adjoining area which has entered into arrangements with the same water undertaker so as to secure that following the variation the arrangements (taken together) will be operable and efficient.

(8C) If suitable terms are not agreed for a variation mentioned in subsection (8B), a combined reference may be made by the relevant authorities under section 87A below to enable the terms of the variation to be determined so that (following the variation) both sets of arrangements are consistent."

55Page 77, line 20, at end insert— "(8D) Before carrying out the consultation required by subsection (1) of section 89 below in relation to a step mentioned in paragraph (a), (b) or (c) of subsection (2) of that section, a relevant authority shall consult the water undertaker in question as to whether the arrangements which would result from taking that step would be operable and efficient (or, where it is proposed to terminate the arrangements, as to whether it would be Amendmentably practicable to do so)."

13 Nov 2003 : Column 1697

56 page 77, leave out lines 21 to 27
57 page 77, line 27, at end insert—

"87ZA Target concentration of fluoride
(1) Arrangements under section 87(1) above shall include provision for securing that, so far as Amendmentably practicable, the concentration of fluoride in the water supplied to premises in the specified area is maintained at the general target concentration of one milligram per litre.

(2) But the arrangements may provide for the concentration in the specified area (or any part of it) to be lower than that if the relevant authority considers that it is not Amendmentably practicable to achieve the general target concentration in the specified area (or that part of it).

(3) Any such lower concentration must still be as high as is Amendmentably practicable in the circumstances.

(4) If, in relation to any area ("area A"), an order under section 88A(1) below specifies a general target concentration lower than that for which any arrangements effective there provide (or, by the previous operation of this subsection, are taken to provide), the arrangements shall have effect from the coming into force of the order as if they provided for the general target concentration specified in the order (subject to the operation again of subsections (2) and (3) above).

(5) If the result of the operation of subsection (4) above in relation to arrangements in area A is that in an area adjoining area A ("area B") it is not Amendmentably practicable to maintain the concentration of fluoride in the water supplied by virtue of arrangements made in area B with the same water undertaker, the order shall be taken to extend also to area B so far as those arrangements are concerned, and subsection (4) above shall apply accordingly.

(6) An order under section 88A(1) below which in relation to any area specifies a general target concentration higher than that for which any arrangements effective there provide (or are taken to provide by virtue of subsection (4) or (5) above) does not have effect to increase the concentration for which the arrangements provide (or are taken to provide).

(7) In this section, "specified area" means the area specified in arrangements under section 87(1) above."

58Page 77, line 30, leave out from "agree" to end of line 31 and insert "—
(a) the terms of arrangements requested by the relevant authority pursuant to subsection (1) of section 87 above; or
(b) a variation in the terms of those arrangements following a request by the relevant authority pursuant to subsection (7)(c) of that section."
59Page 77, line 32, after "England", insert "(except where subsection (3A) below applies)"
60Page 77, line 35, leave out from "State" to end of line 36 and insert "may—
(i) determine the terms of the arrangements as he sees fit; or
(ii) refer the matter for determination by such other person as he considers appropriate; and"
61Page 77, line 37, after "State", insert "or, as the case may be, the other person"
62Page 77, line 38, after "Wales", insert "(except where subsection (3A) below applies)"
63Page 77, line 45, at end insert— "(3A) Where the Assembly is one of the relevant authorities which has made a combined reference under section 87(8A)(b) or (8C) above—

(a) the terms of the arrangements shall be determined by a person appointed by the Secretary of State and the Assembly acting jointly; and
(b) the determination of that person shall be final."

13 Nov 2003 : Column 1698

64Page 79, line 3, at end insert— "( ) But (except where it is Amendmentably practicable to terminate the arrangements separately), arrangements to which section 87(8A)(a) or (b) applied may only be terminated by the relevant authorities acting jointly.""

65Page 79, line 8, leave out "Secretary of State" and insert "appropriate authority"
66Page 79, line 9, leave out "87(5)" and insert "87ZA(1)"
67Page 79, line 15, after "made", insert "by the Secretary of State (or by the Secretary of State and the Assembly acting jointly)"
68 Page 79, line 16, at end insert— "(4) In subsection (1) above "appropriate authority"—

(a) in relation to an area which is partly in England and partly in Wales, means the Secretary of State and the Assembly acting jointly;
(b) in relation to an area which is wholly in England, means the Secretary of State; and
(c) in relation to an area which is wholly in Wales, means the Assembly. (5) An order amending or revoking an order under subsection (1) above made by virtue of subsection (4)(a) above must also be made by the Secretary of State and the Assembly acting jointly.""

69Page 79, line 22, leave out "Secretary of State" and insert "appropriate authority"
70Page 79, line 23, leave out "any prescribed requirements" and insert "the requirements set out in regulations made by the appropriate authority"
71Page 79, line 33, leave out from beginning to "requirements" in line 36 and insert— "( ) Regulations—

(a) under paragraph (a) of subsection (1) above shall include provision about the process which relevant authorities are to follow for the purposes of that paragraph;
(b) under paragraph (b) of that subsection shall include provision about the"
72Page 79, line 41, leave out from beginning to end of line 2 on page 80 and insert "if the appropriate authority so directs by an instrument in writing (and such a direction may apply either generally or in relation to a particular proposal)."
73pAge 80, line 2, at end insert— "( ) In this section "appropriate authority"—

(a) in a case where two or more relevant authorities (one of which is the Assembly) propose to request a particular water undertaker to take a step mentioned in subsection (2)(a), (b) or (c) in respect of arrangements in adjoining areas, means the Secretary of State and the Assembly acting jointly;
(b) in relation to England (except in a case to which paragraph (a) applies), means the Secretary of State; and
(c) in relation to Wales (except in a case to which paragraph (a) applies), means the Assembly.""
74Page 80, line 9, at end insert— "(1A) The Secretary of State may also, with the consent of the Treasury, agree to indemnify any licensed water supplier in respect of liabilities which it may incur—

(a) in supplying water to which fluoride has been added by a water undertaker by virtue of any such arrangements;
(b) (if the licensee is introducing water into the water undertaker's supply system) in complying with any obligation imposed on it by the undertaker in consequence of the arrangements."
75Page 80, line 13, after "(1), insert "or (1A)"

13 Nov 2003 : Column 1699

76Page 80, line 15, at end insert— "90A Review of fluoridation
(1) A relevant authority which has entered into arrangements under section 87(1) above shall—

(a) monitor the effects of the arrangements on the health of persons living in the area specified in the arrangements; and
(b) in accordance with subsections (3) to (5) below publish reports containing an analysis of those effects. (2) The relevant authority shall make available—

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