PART IVWATER SUPPLY

CHAPTER IVFLUORIDATION

Fluoridation arrangements: determination of terms128

1

This Article applies if DHSSPS and a water undertaker fail to agree—

a

the terms of arrangements requested by DHSSPS pursuant to paragraph (1) of Article 126; or

b

a variation in the terms of those arrangements following a request by DHSSPS pursuant to paragraph (5)(c) of that Article.

2

DHSSPS may refer the matter to the Authority for determination and following such a reference—

a

the Authority may determine the terms of the arrangements as it sees fit; and

b

the determination of the Authority shall be final.

3

Following determination under this Article of the terms to be included in any arrangements—

a

DHSSPS shall give notice of the determination to the water undertaker in question; and

b

the undertaker shall be deemed to have entered into the arrangements under Article 126(1) on the terms determined under this Article with effect from the day after the date of the notice.

4

References in this Chapter to arrangements entered into under Article 126(1) shall include arrangements deemed to have been entered into under that Article by virtue of paragraph (3)(b).