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Water Industry Act 1991
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Changes over time for: Section 89
Version Superseded: 18/02/2005
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Water Industry Act 1991, Section 89 is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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89 Publicity and consultation.E+W
(1)This section applies where a [F1Strategic Health Authority or][F2Health Authority] propose to make or withdraw an application under section 87 above.
(2)At least three months before implementing their proposal the [F1Strategic Health Authority or][F2Health Authority] shall—
(a)publish details of the proposal in one or more newspapers circulating within the area affected by the proposal; and
(b)give notice of the proposal to every local authority whose area falls wholly or partly within that area.
(3)Before implementing the proposal the [F1Strategic Health Authority or][F2Health Authority] shall consult each of the local authorities to which they are required, by virtue of subsection (2)(b) above, to give notice of the proposal.
(4)The [F1Strategic Health Authority or][F2Health Authority] shall, not earlier than seven days after publishing details of the proposal in the manner required by subsection (2)(a) above, republish them in that manner.
(5)Where a [F1Strategic Health Authority or][F2Health Authority] have complied with this section in relation to the proposal they shall, in determining whether or not to proceed, have such regard as they consider appropriate—
(a)to any representations which have been made to them with respect to it; and
(b)to any consultations under subsection (3) above.
(6)The Secretary of State may direct that this section shall not apply in relation to any proposal of a [F1Strategic Health Authority or][F2Health Authority] to withdraw an application under section 87 above.
(7)Where, at any meeting of a [F1Strategic Health Authority or][F2Health Authority], consideration is given to the question whether the [F1Strategic Health Authority or][F3Health Authority] should make or withdraw an application under section 87 above, section 1(2) of the M1Public Bodies (Admission to Meetings) Act 1960 (which allows the exclusion of the public in certain circumstances) shall not apply to any proceedings on that question.
(8)In this section “local authority” includes a county council.
Textual Amendments
F1Words in s. 89 inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt. I para. 18(3)
F2Words in s. 89 substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III para. 120(3)(a) (with Sch. 2 para. 6)
F3Words in s. 89(7) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III para. 120(3)(b) (with Sch. 2 para. 6)
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