HL Deb 13 November 2003 vol 654 cc1695-700

51 Clause 61, page 77, leave out lines 3 to 6

52 Page 77, line 10, leave out "The terms may, for example," and insert "Those terms shall"

53 Page 77, line 11, leave out from "requiring" to end of line 12 and insert "the relevant authority to meet the Amendmentable capital and operating costs incurred by the water undertaker in giving effect to the arrangements;"

54 Page 77, line 20, at end insert—

55 Page 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).

56 page 77, leave out lines 21 to 27

57 page 77, line 27, at end insert—

"87ZA Target concentration of fluoride

  1. (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. (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. (3) Any such lower concentration must still be as high as is Amendmentably practicable in the circumstances.
  4. (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. (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. (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. (7) In this section, "specified area" means the area specified in arrangements under section 87(1) above."

58 Page 77, line 30, leave out from "agree" to end of line 31 and insert "—

  1. (a) the terms of arrangements requested by the relevant authority pursuant to subsection (1; of section 87 above; or
  2. (b) a variation in the terms of those arrangements following a request by the relevant authority pursuant to subsection (7)(c) of that section."

59 Page 77, line 32, after "England", insert "(except where subsection (3A) below applies)"

60 Page 77, line 35, leave out from "State" to end of line 36 and insert "may—

  1. (i) determine the terms of the arrangements as he sees fit; or
  2. (ii) refer the matter for determination by such other person as he considers appropriate; and"

61 Page 77, line 37, after "State", insert "or, as the case may be, the other person"

62 Page 77, line 38, after "Wales", insert "(except where subsection (3A) below applies)"

63 Page 77, line 45, at end insert—

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

64 Page 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."

65 Page 79, line 8, leave out "Secretary of State" and insert "appropriate authority"

65 Page 79, line 9, leave out "87(5)" and insert "87ZA(1)"

66 Page 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—

  1. "(4) In subsection (1) above "appropriate authority"—
    1. (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;
    2. (b) in relation to an area which is wholly in England, means the Secretary of State; and
    3. (c) in relation to an area which is wholly in Wales, means the Assembly.
  2. (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.""

69 Page 79, line 22, leave out "Secretary of State" and insert "appropriate authority"

70 Page 79, line 23, leave out "any prescribed requirements" and insert "the requirements set out in regulations made by the appropriate authority"

71 Page 79, line 33, leave out from beginning to "requirements" in line 36 and insert—

( ) Regulations—

  1. (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;
  2. (b) under paragraph (b) of that subsection shall include provision about the"

72 Page 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)."

73 pAge 80, line 2, at end insert—

( ) In this section "appropriate authority"—

  1. (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;
  2. (b) in relation to England (except in a case to which paragraph (a) applies), means the Secretary of State; and
  3. (c) in relation to Wales (except in a case to which paragraph (a) applies), means the Assembly.""

74 Page 80, line 9, at end insert—

  1. (a) in supplying water to which fluoride has been added by a water undertaker by virtue of any such arrangements;
  2. (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."

75 Page 80, line 13, after "(1), insert "or (1 A)"

76 Page 80, line 15, at end insert—

"90A Review of fluoridation

  1. (1) A relevant authority which has entered into arrangements under section 87(1) above shall—
    1. (a) monitor the effects of the arrangements on the health of persons living in the area specified in the arrangements; and
    2. (b) in accordance with subsections (3) to (5) below publish reports containing an analysis of those effects.
  2. (2) The relevant authority shall make available—
    1. (a) any information collected by it for the purposes of subsection (1) above; or
    2. (b) summaries of that information.
  3. (3) The relevant authority shall publish a report under subsection (l)(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. (4) Where section 91(1) below applies in relation to the arrangements, the relevant authority shall publish a report under subsection (l)(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. (5) The relevant authority shall publish a further report under subsection (l)(b) above within each period of four years beginning with the date on which their last such report was published.
  6. (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. (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. (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. (3) If the relevant authority and the water undertaker fail to agree the modifications requested by the authority—
    1. (a) subsection (2), (3) or, as the case may be, (3A) of section 87 A above shall apply as if the parties had failed to agree the terms of arrangements requested under section 87(1) above; and
    2. (b) following determination of the modifications—
      1. (i) the relevant authority shall give notice of the determination to the water undertaker; and
      2. (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. (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. (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. (6) In this section—

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—

Lord Whitty

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 51 to 79. I spoke to these amendments in relation to Amendment No. 50.

Moved, That the House do agree with the Commons in their Amendments Nos. 51 to 79.—(Lord Whitty.)

On Question Motion agreed to.