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(  8  )

 
 

“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—

 

(a)   

any information collected by it for the purposes of subsection (1)

 

above; or

 

(b)   

summaries of that information.

 

(3)   

The relevant authority shall publish a report under subsection (1)(b) above

 

within the period of four years beginning with the date on which the

 

arrangements come into force (unless section 91(1) below applies in

 

relation to the arrangements).

 

(4)   

Where section 91(1) below applies in relation to the arrangements, the

 

relevant authority shall publish a report under subsection (1)(b) above

 

within the period of four years beginning with the date on which section 61

 

of the Water Act 2003 came into force.

 

(5)   

The relevant authority shall publish a further report under subsection

 

(1)(b) above within each period of four years beginning with the date on

 

which their last such report was published.

 

(6)   

This section ceases to apply in relation to any arrangements under section

 

87(1) above if those arrangements are terminated.””

77

Page 80, line 16, leave out subsection (7) and insert—

 

“(7)   

For section 91 (pre-1985 fluoridation schemes) there is substituted—

 

“91     

Pre-1985 fluoridation schemes

 

(1)   

With effect from the appointed day, relevant pre-1985

 

arrangements shall be treated for the purposes of this Chapter as if

 

they were arrangements entered into by the water undertaker in

 

question with the relevant authority under section 87(1) above.

 

(2)   

The relevant authority may request such modifications to the

 

arrangements as it considers necessary in order to give effect to

 

subsection (1) above, for example to insert the terms mentioned in

 

section 87(7) above.

 

(3)   

If the relevant authority and the water undertaker fail to agree the

 

modifications requested by the authority—

 

(a)   

subsection (2), (3) or, as the case may be, (3A) of section 87A

 

above shall apply as if the parties had failed to agree the

 

terms of arrangements requested under section 87(1) above;

 

and

 

(b)   

following determination of the modifications—

 

(i)   

the relevant authority shall give notice of the

 

determination to the water undertaker; and


 

(  9  )

 
 

(ii)   

the arrangements shall be deemed to have been

 

modified as so determined with effect from the day

 

after the date of the notice.

 

(4)   

Sections 87(8D) and 89(1) above (which relate to consultation) shall

 

not apply to the deemed entry into, and modification of,

 

arrangements by virtue of this section.

 

(5)   

References in this Chapter to arrangements entered into under

 

section 87(1) above shall include arrangements treated as entered

 

into by a water undertaker by virtue of subsection (1) above.

 

(6)   

In this section—

 

   

“the appointed day” means the day on which section 61 of the

 

Water Act 2003 comes into force; and

 

   

“relevant pre-1985 arrangements” means arrangements in

 

pursuance of which a scheme for increasing the fluoride

 

content of water was being operated by a water undertaker

 

by virtue of paragraph 1 of Schedule 7 to this Act

 

immediately before the appointed day.””

78

Page 80, line 16, at end insert—

 

“( )   

In section 213 (powers to make regulations), after subsection (1) there is

 

inserted—

 

“(1A)   

But on the occasion of the first exercise by the Secretary of State of

 

the power to make regulations under each of sections 89 and 90

 

above, the instrument containing the regulations shall not be made

 

unless a draft of the instrument has been laid before, and approved

 

by a resolution of, each House of Parliament.

 

(1B)   

The power of the Assembly to make regulations under section 89

 

above shall be exercisable by statutory instrument.””

79

Page 80, line 18, at end insert—

 

“(9)   

In section 1(7) of the Water (Fluoridation) Act 1985 (c. 63) (water

 

fluoridated outwith Scotland), for the words from “by a water undertaker”

 

to the end there is substituted “pursuant to arrangements—

 

(a)   

entered into under section 87(1) of the Water Industry Act

 

1991; or

 

(b)   

treated, for the purposes of Chapter 4 of Part 3 of that Act,

 

as if entered into under that section.”

 

(10)   

With effect from the commencement day, any relevant application shall

 

have effect for the purposes of subsection (1) of section 87 of the WIA as a

 

request made by a relevant authority under that subsection.

 

(11)   

Any other application made before the commencement day ceases to have

 

effect on that day.

 

(12)   

In subsections (10) and (11)—

 

   

“commencement day” means the day when this section comes into

 

force, and

 

   

“relevant application” means an application which—

 

(a)   

was made before the passing of this Act,

 

(b)   

has not been withdrawn, and


 

(  10  )

 
 

(c)   

has not been rejected in writing by the water undertaker to

 

which it was made.

 

(13)   

In subsections (11) and (12) “application” means an application made

 

under section 87 of the WIA as it was in force at the time when the

 

application was made (and includes an application made under section 1

 

of the Water (Fluoridation) Act 1985 (c. 63) and having effect as if made

 

under section 87 of the WIA).”

Clause 65

80

Page 81, line 23, leave out “and in accordance with”

Clause 81

81

Page 96, line 40, leave out “in pursuance of” and insert “pursuant to”

Before Clause 84

82

Insert the following new Clause—

 

“Duty to encourage water conservation

 

(1)   

The relevant authority must, where appropriate, take steps to encourage

 

the conservation of water.

 

(2)   

The relevant authority is—

 

(a)   

the Secretary of State, in relation to England,

 

(b)   

the Assembly, in relation to Wales.

 

(3)   

After the period of three years beginning with the date on which this

 

section comes into force, and after each succeeding period of three years,

 

the Secretary of State must prepare a report about the steps taken by him

 

under this section, and about any such steps which he proposes to take.

 

(4)   

The Assembly may make an order requiring the preparation by it of

 

corresponding reports, and such an order may make provision about

 

when, or in relation to what periods, they are to be prepared.

 

(5)   

Each such report must—

 

(a)   

if prepared by the Secretary of State, be laid before Parliament,

 

(b)   

if prepared by the Assembly, be laid before, and published by, the

 

Assembly.”

Clause 85

83

Page 98, line 23, at end insert “or to be supplied”

84

Page 98, line 38, after “is”, insert “or is deemed to be”

Clause 91

85

Page 106, line 20, leave out paragraph (b) and insert—

 

“(b)   

in subsection (6), at the end there is inserted “and “controlled

 

waters” has the meaning given by section 104 of the Water

 

Resources Act 1991”.”


 

(  11  )

 

Clause 94

86

Page 114, line 17, leave out “subsections (4) and (5)” and insert “subsection (4)”

87

Page 114, line 27, leave out from “of” to “whether” in line 28.

88

Page 114, line 31, at end insert—

 

   

“and in subsection (4) of that section, after “subsection (1)” there is inserted

 

“or (1A)”.”

Clause 98

89

Page 121, line 8, leave out “sewerage” and insert “sewage”

After Clause 99

90

Insert the following new Clause—

 

“Schemes for the adoption of sewers, lateral drains and sewage disposal works

 

After section 105 of the WIA there is inserted—

 

“105A   

Schemes for the adoption of sewers, lateral drains and sewage

 

disposal works

 

(1)   

The Secretary of State may by regulations provide for him to make

 

schemes for the adoption by sewerage undertakers of sewers,

 

lateral drains and sewage disposal works of the descriptions set out

 

in paragraphs (a), (aa) and (b) of section 102(1) above.

 

(2)   

The regulations may require sewerage undertakers to prepare draft

 

schemes and to submit them to the Secretary of State.

 

(3)   

Each scheme shall relate to—

 

(a)   

the area of a sewerage undertaker, or part or parts of it; or

 

(b)   

the areas of more than one sewerage undertaker, or part or

 

parts of them.

 

(4)   

It shall be the duty of a sewerage undertaker, in specified

 

circumstances, to exercise its powers under section 102 above with

 

a view to making the declaration referred to in subsection (1) of that

 

section in relation to sewers, lateral drains or sewage disposal

 

works which—

 

(a)   

fall within the area to which a scheme relates; and

 

(b)   

satisfy specified criteria.

 

(5)   

The circumstances and the criteria shall each be—

 

(a)   

specified in the regulations; or

 

(b)   

determined in accordance with the regulations and

 

specified in the scheme.

 

(6)   

In relation to the exercise of those powers pursuant to that duty—

 

(a)   

section 102 above shall have effect—

 

(i)   

with the omission of subsections (2), (5) and (7);

 

(ii)   

as if in subsection (1) the words “sections 103, 105

 

and 146(3) below” read “section 105B below”;


 

(  12  )

 
 

(iii)   

with the omission of the words “or application” in

 

subsection (3);

 

(iv)   

as if for subsection (4)(a) there were substituted—

 

“(a)   

shall give notice of its proposal to the owner

 

or owners of the sewer, lateral drain or

 

works in question unless, after diligent

 

enquiry, he or they cannot be traced;

 

(aa)   

shall publish notice of its proposal in the

 

prescribed manner; and”;

 

(v)   

as if in subsection (4)(b) “two months” read “two

 

months or, if longer, the period specified by virtue of

 

section 105B(5) below” and “section 105 below” read

 

“section 105B(4) or (5) below, or ”; and

 

(vi)   

as if section 98(3) of the Water Act 2003 did not

 

apply;

 

(b)   

sections 103 and 105 above shall not apply; and

 

(c)   

if the regulations so provide, section 146(3) below shall not

 

apply in circumstances or cases specified in the regulations.

 

(7)   

A duty imposed on a sewerage undertaker under subsection (4)

 

above shall be enforceable by the Secretary of State under section 18

 

above.

 

(8)   

A statutory instrument containing regulations 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.

 

105B    

Adoption schemes: appeals

 

(1)   

Any person falling within subsection (2) below may appeal to the

 

Authority if he is aggrieved by—

 

(a)   

the proposal of a sewerage undertaker to make a declaration

 

under section 102 above in relation to a sewer, lateral drain

 

or sewage disposal works, pursuant to the undertaker’s

 

duty to do so under section 105A(4) above (the “relevant

 

duty”); or

 

(b)   

the failure of a sewerage undertaker to make such a

 

proposal pursuant to that duty.

 

(2)   

The persons referred to are—

 

(a)   

an owner of a sewer, lateral drain or sewage disposal works;

 

(b)   

any other person affected by the proposal, or the failure, in

 

question.

 

(3)   

The grounds upon which a person may appeal are—

 

(a)   

in a subsection (1)(a) case, that the relevant duty is not owed

 

in relation to the sewer, lateral drain or sewage disposal

 

works, or that the making of the proposed declaration

 

would be seriously detrimental to him;

 

(b)   

in a subsection (1)(b) case, that the relevant duty is owed in

 

relation to the sewer, lateral drain or sewage disposal

 

works; or

 

(c)   

any other prescribed ground.


 

(  13  )

 
 

(4)   

An appeal under subsection (1)(a) above shall be made within two

 

months after notice of the proposal is—

 

(a)   

served on the owner of the sewer, lateral drain or sewage

 

disposal works; or

 

(b)   

published in accordance with section 102(4) above as

 

modified by section 105A(6) above,

 

   

(or, if both occur, within two months after whichever is the later).

 

(5)   

An appeal under subsection (1)(b) above shall be made within such

 

period as is specified in the scheme (not being less than two

 

months).

 

(6)   

On the hearing of an appeal under subsection (1) above, the

 

Authority may—

 

(a)   

in a subsection (1)(a) case, allow or disallow the proposal of

 

the sewerage undertaker; or

 

(b)   

in a subsection (1)(b) case, determine that the undertaker

 

was not under the relevant duty in relation to the sewer,

 

lateral drain or sewage disposal works in question,

 

   

or, in either case, make any declaration that the sewerage

 

undertaker might have made, unless the proposal is disallowed.

 

(7)   

If, in a subsection (1)(a) case, the Authority finds that the making of

 

the proposed declaration would be seriously detrimental to the

 

appellant, it shall disregard any duty on the part of the sewerage

 

undertaker to make the proposal for the purpose of determining

 

whether to allow or disallow the proposal.

 

(8)   

If, in a subsection (1)(a) case, the Authority disallows the proposal

 

of the sewerage undertaker, the scheme pursuant to which it was

 

made shall have effect as if there were no duty under section

 

105A(4) above on the sewerage undertaker in relation to the sewer,

 

lateral drain or sewage disposal works in question.

 

(9)   

Where the Authority makes a declaration under subsection (6)

 

above, it may, if it thinks fit—

 

(a)   

specify conditions, including conditions as to the payment

 

of compensation by the sewerage undertaker; and

 

(b)   

direct that its declaration shall not take effect unless any

 

conditions so specified are accepted.

 

(10)   

A declaration made under subsection (6) above shall have the same

 

effect as if it had been made by the undertaker.

 

(11)   

The Secretary of State may by regulations make further provision in

 

connection with appeals under this section.

 

(12)   

The regulations may, in particular, require the Authority to have

 

regard to prescribed matters when determining an appeal under

 

this section.


 
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Revised 11 November 2003