Water Industry Act 1991

Chapter IV Fluoridation

87 Fluoridation of water supplies at request of health authorities

(1) Where a District Health Authority have applied in writing to a water undertaker for the water supplied within an area specified in the application to be fluoridated, that undertaker may, while the application remains in force, increase the fluoride content of the water supplied by the undertaker within that area.

(2) For the purposes of subsection (1) above an application under this section shall remain in force until the Health Authority, after giving reasonable notice to the water undertaker, withdraw it.

(3) The area specified in an application under this section may be the whole, or any part of, the district of the authority making the application.

(4) Where in exercise of the power conferred by this section, the fluoride content of any water is increased, the increase may be effected only by the addition of one or more of the following compounds of fluorine, that is to say—

• hexafluorosilicic acid (H2SiF6);

• disodium hexafluorosilicate (Na2SiF6).

(5) Any District Health Authority making arrangements with a water undertaker in pursuance of an application under this section shall ensure that those arrangements include provisions designed to secure that the concentration of fluoride in the water supplied to consumers in the area in question is, so far as reasonably practicable, maintained at one milligram per litre.

(6) Water to which fluoride has been added by a water undertaker in exercise of the power conferred by this section (with a view to its supply in any area) may be supplied by that or any other undertaker to consumers in any other area if the undertaker or undertakers concerned consider that it is necessary to do so—

(a) for the purpose of dealing with any serious deficiency in supply; or

(b) in connection with the carrying out of any works (including cleaning and maintenance) by the undertaker concerned or, as the case may be, by any of the undertakers concerned.

(7) In subsection (6) above—

(a) the reference to water to which fluoride has been added by a water undertaker in exercise of the power conferred by this section includes a reference to water to which fluoride has been added by a water authority (within the meaning of the [1980 c. 45.] Water (Scotland) Act 1980) in exercise of the power conferred by section 1 of the [1985 c. 63.] Water (Fluoridation) Act 1985; and

(b) in relation to a supply of such water by a water undertaker, the reference to the water undertakers concerned shall have effect as references to the water undertaker and the water authority concerned.

(8) In this section “serious deficiency in supply” means any existing or threatened serious deficiency in the supply of water (whether in quantity or quality) caused by an exceptional lack of rain or by any accident or unforeseen circumstances.

(9) In this section and the following provisions of this Chapter references to a District Health Authority are references to any such authority within the meaning of the [1977 c. 49.] National Health Service Act 1977.

88 Power to vary permitted fluoridation agents

(1) The Secretary of State may by order amend section 87(4) above by—

(a) adding a reference to another compound of fluorine; or

(b) removing any reference to a compound of fluorine.

(2) The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

89 Publicity and consultation

(1) This section applies where a District Health Authority propose to make or withdraw an application under section 87 above.

(2) At least three months before implementing their proposal the District Health 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 District Health 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 District Health 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 District Health 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 District Health Authority to withdraw an application under section 87 above.

(7) Where, at any meeting of a District Health Authority, consideration is given to the question whether the authority should make or withdraw an application under section 87 above, section 1(2) of the [1960 c. 67.] Public 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.

90 Indemnities in respect of fluoridation

The Secretary of State may, with the consent of the Treasury, agree to indemnify any water undertaker in respect of such of any of the following as he thinks fit, that is to say—

(a) liabilities incurred by the undertaker in connection with anything done by the undertaker for the purpose of increasing the fluoride content of any water supplied by the undertaker;

(b) costs or expenses which are incurred by the undertaker, or for which the undertaker is liable, in connection with any proceedings which have been or may be brought by any person with respect to—

(i) things done for the purpose of increasing the fluoride content of any water; or

(ii) a proposal to increase the fluoride content of any water;

(c) expenditure incurred by the undertaker in complying with an order made in any such proceedings;

(d) liabilities transferred to the undertaker in accordance with a scheme under Schedule 2 to the [1989 c. 15.] Water Act 1989 or Schedule 2 to this Act which, in relation to the person from whom they were transferred, were liabilities falling within paragraph (a) above or liabilities in respect of costs, expenses or other expenditure mentioned in sub-paragraph (b) or (c) above.

91 Pre-1985 fluoridation schemes

Schedule 7 to this Act shall have effect with respect to fluoridation schemes made before the coming into force of the [1985 c. 63.] Water (Fluoridation) Act 1985.