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Water Industry Act 1991

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Change 1

What to do with it
As published

91 Old Welsh fluoridation arrangements: transitional provision

(1) With effect from the appointed day, old Welsh fluoridation 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 Welsh Ministers under section 87(1) above. (2) The Welsh Ministers 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(6) above. (3) If the Welsh Ministers and the water undertaker fail to agree the modifications requested by the Welsh Ministers— (a) subsection ... (3) or, as the case may be, (4) of section 87B 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 Welsh Ministers shall give notice of the determination to the water undertaker; and (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(11) 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 58 of the Water Act 2003 comes into force in relation to Wales; and “old Welsh fluoridation arrangements” means arrangements, other than arrangements mentioned in section 90B(6), 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.

Your change, as a redline

91 Old Welsh fluoridation arrangements: transitional provision

(1) With effect from the appointed day, old Welsh fluoridation 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 Welsh Ministers under section 87(1) above. (2) The Welsh Ministers 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(6) above. (3) If the Welsh Ministers and the water undertaker fail to agree the modifications requested by the Welsh Ministers— (a) subsection ... (3) or, as the case may be, (4) of section 87B 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 Welsh Ministers shall give notice of the determination to the water undertaker; and (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(11) 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 58 of the Water Act 2003 comes into force in relation to Wales; and “old Welsh fluoridation arrangements” means arrangements, other than arrangements mentioned in section 90B(6), 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.

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