Water Industry Act 1991

Changes over time for: Section 87

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Changes to legislation:

Water Industry Act 1991, Section 87 is up to date with all changes known to be in force on or before 01 May 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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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Pt. 3 Ch. 2B inserted by 2014 c. 21 s. 12
s. 17(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 4(4)(b) (as substituted) by S.I. 2019/1245 reg. 21 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
s. 17A(c) repealed by 2014 c. 21 Sch. 5 para. 4(2(c)
s. 17A(d) repealed by 2014 c. 21 Sch. 5 para. 4(2)(c)
s. 17A(2)(ba) and word inserted by 2014 c. 21 Sch. 5 para. 4(2)(b)
s. 17R(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 4(7)(b) (as substituted) by S.I. 2019/1245 reg. 21 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
s. 17AA(1)(ba)(bb) inserted by 2014 c. 21 Sch. 5 para. 5(2)
s. 17BA(5A) inserted by 2014 c. 21 Sch. 5 para. 7(3)
s. 17HA(9)(b)(ia) inserted by 2014 c. 21 Sch. 5 para. 16(2)
s. 23(2AA) inserted by 2014 c. 21 Sch. 7 para. 35(4)
s. 23(8)(9) inserted by 2014 c. 21 Sch. 7 para. 35(10)
s. 39E-39H inserted by 2021 c. 30 s. 78(7)
s. 87(7C)-(7F) inserted by 2012 c. 7 s. 35(6)
s. 94A-94E inserted by 2021 c. 30 s. 79
s. 95ZA(6) inserted by 2014 c. 21 Sch. 5 para. 39(4)
s. 96ZA(2)-(5) substituted for s. 96ZA(2) by 2014 c. 21 Sch. 5 para. 40
s. 106B(3A) inserted by 2014 c. 21 Sch. 7 para. 94
s. 117G(2)(aa) inserted by 2014 c. 21 Sch. 5 para. 41(2)
s. 117G(4)-(4D) substituted for s. 117(4) by 2014 c. 21 Sch. 5 para. 41(3)
s. 117G(6)(aa) inserted by 2014 c. 21 Sch. 5 para. 41(4)
s. 117K(2)(aa) inserted by 2014 c. 21 Sch. 5 para. 42(2)
s. 117K(5)(5A) substituted for s. 117(5) by 2014 c. 21 Sch. 5 para. 42(3)
s. 117L(9) inserted by 2014 c. 21 Sch. 5 para. 43(3)
s. 117N(4)(aa) inserted by 2014 c. 21 Sch. 5 para. 45(2)
s. 117N(8)(aa) inserted by 2014 c. 21 Sch. 5 para. 45(3)
s. 117N(11)(aa) inserted by 2014 c. 21 Sch. 5 para. 45(4)
s. 117O(4)(aa) inserted by 2014 c. 21 Sch. 5 para. 46(2)
s. 117O(8)(aa) inserted by 2014 c. 21 Sch. 5 para. 46(3)
s. 117S(7)-(9) inserted by 2014 c. 21 Sch. 5 para. 49
s. 119(2)(ab) inserted by 2003 c. 37 s. 89(1)(a)
s. 119(3) inserted by 2003 c. 37 s. 89(1)(b)
s. 121(1)(ba) inserted by 2003 c. 37 s. 89(2)(a)
s. 141DA inserted by 2021 c. 30 s. 81
s. 141DC inserted by 2021 c. 30 s. 83
s. 177K(7)(aa) inserted by 2014 c. 21 Sch. 5 para. 42(4)
s. 207D and cross-heading inserted by 2014 c. 21 s. 39
s. 207D(5) word repealed by 2014 c. 21 Sch. 5 para. 52(a)
s. 207D(5) words inserted by 2014 c. 21 Sch. 5 para. 52(b)
s. 213(1ZA) inserted by 2014 c. 21 Sch. 7 para. 119(3)
s. 213(1ZA) repealed by 2014 c. 21 Sch. 5 para. 53

[F187 Fluoridation of water suppliesE+W

(1)If requested in writing to do so by a relevant authority, a water undertaker shall enter into arrangements with the relevant authority to increase the fluoride content of the water supplied by that undertaker to premises within the area specified in the arrangements.

(2)But a water undertaker shall not be required by subsection (1) above to enter into any such arrangements until an indemnity with respect to the arrangements has been given by virtue of section 90 below—

(a)to the water undertaker; and

(b)to any [F2water supply licensee] which is entitled to one.

(3)In this section and the following provisions of this Chapter—

(a)references to a relevant authority—

[F3(i)in relation to areas in England, are to the Secretary of State;]

(ii)in relation to areas in Wales, are to the Assembly; and

(b)references to water supplied by a water undertaker are to water supplied (whether by a water undertaker or a [F4water supply licensee]) to premises using the supply system of that undertaker.

F5(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The area specified in arrangements under this section may be—

[F6(a)in relation to England, such area [F7in England as the Secretary of State may determine];]

(b)in relation to Wales, such area comprising the whole or any part of Wales as the Assembly may determine.

(5)The arrangements shall be on such terms as may be agreed between the relevant authority and the water undertaker or, in the absence of agreement, determined in accordance with section 87B below.

(6)[F8Subject to subsection (6A)] those terms shall include provision—

(a)requiring the relevant authority to meet the reasonable capital and operating costs incurred by the water undertaker in giving effect to the arrangements;

(b)specifying circumstances in which the requirement to increase the fluoride content may be temporarily suspended; and

(c)for the variation of the arrangements at the request of the relevant authority.

[F9(6A)The Secretary of State may by regulations provide that, in circumstances specified in the regulations, subsection (6)(a) is not to apply in relation to arrangements entered into by the Secretary of State.

(6B)The Secretary of State may by regulations require a public body specified in the regulations to make payments to the Secretary of State to meet any costs incurred by the Secretary of State under the terms of the arrangements.]

(7)The relevant authority shall consult the Authority in relation to the terms to be included in any arrangements under this section (in particular, terms which affect the operation of the water undertaker’s supply system).

F10(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(7B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(7G)Before making regulations under subsection (6A) or (6B) the Secretary of State must consult such persons as the Secretary of State considers appropriate.]

F12(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)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, [F13a 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 reasonably practicable to do so).

[F14(12)A statutory instrument containing regulations under subsection (6A) is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]]

Textual Amendments

F1Ss. 87-87C substituted for s. 87 (1.8.2008 for E. for certain purposes as regards s. 87 and 25.2.2009 for E. for all other purposes) by Water Act 2003 (c. 37), ss. 58(2)(11)-(14), 105(3); S.I. 2008/1922, art. 2(a); S.I. 2009/359, art. 2, (with saving in art. 3, Sch. 3)

F2Words in s. 87(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 76; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F3S. 87(3)(a)(i) substituted (1.4.2013 for E.) by Health and Social Care Act 2012 (c. 7), ss. 35(2), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4Words in s. 87(3)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 76; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(o) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F5S. 87(3A) omitted (1.11.2022 for E.) by virtue of Health and Care Act 2022 (c. 31), ss. 175(2)(a), 186(6); S.I. 2022/1003, reg. 3(a)

F6S. 87(4)(a) substituted (1.4.2013 for E.) by Health and Social Care Act 2012 (c. 7), ss. 35(4), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7Words in s. 87(4)(a) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(2)(b), 186(6); S.I. 2022/1003, reg. 3(a)

F8Words in s. 87(6) inserted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(2)(c), 186(6); S.I. 2022/1003, reg. 3(a)

F9S. 87(6A)(6B) inserted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(2)(d), 186(6); S.I. 2022/1003, reg. 3(a)

F10S. 87(7A)(7B) omitted (1.11.2022 for E.) by virtue of Health and Care Act 2022 (c. 31), ss. 175(2)(e), 186(6); S.I. 2022/1003, reg. 3(a)

F11s. 87(7G) inserted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(2)(f), 186(6); S.I. 2022/1003, reg. 3(a)

F12S. 87(8)-(10) omitted (1.4.2013 for E.) by virtue of Health and Social Care Act 2012 (c. 7), ss. 35(7), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F13Words in s. 87(11) substituted (1.11.2022 for E.) by Health and Care Act 2022 (c. 31), ss. 175(2)(g), 186(6); S.I. 2022/1003, reg. 3(a)