Continuity of existing fluoridation schemes

5.—(1) Where, in pursuance of arrangements entered into by the Department before the date of the making of this Order, a scheme for increasing the fluoride content of water supplied by the Department in any part of Northern Ireland was in operation immediately before that date, the Department may, while the conditions mentioned in paragraph (2) are satisfied, operate the scheme.

(2) The conditions are that the arrangements under which the scheme operates require—

(a)fluoridation to be effected only by the addition of one or more of the compounds of fluorine mentioned in Article 3(4); and

(b)the concentration of fluoride in the water supplied to consumers to be maintained, so far as is reasonably practicable, at one milligram per litre.

(3) Where the Department is operating a fluoridation scheme by virtue of this Article—

(a)paragraph (6) of Article 3 shall apply in relation to the scheme as it applies in relation to any scheme operated in exercise of the power conferred by that Article;

(b)the scheme shall cease to have effect upon the Board in the area of which the scheme operates giving to the Department reasonable notice in writing of the Board’s desire to terminate it; and

(c)the arrangements under which the scheme is operated may be varied to take account of any amendment of Article 3(4) made under Article 4.