The Water and Sewerage Services (Northern Ireland) Order 2006

Prospective

Fluoridation of water supplies at request of DHSSPSN.I.

126.—(1) If requested in writing to do so by DHSSPS, a water undertaker shall enter into arrangements with DHSSPS 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 paragraph (1) to enter into any such arrangements until an indemnity with respect to the arrangements has been given by virtue of Article 133 to the water undertaker.

(3) The area specified in arrangements under this Article may be such area comprising the whole or any part of Northern Ireland as DHSSPS may determine.

(4) The arrangements shall be on such terms as may be agreed between DHSSPS and the water undertaker or, in the absence of agreement, determined in accordance with Article 128.

(5) Those terms shall include provision—

(a)requiring DHSSPS 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 DHSSPS.

(6) DHSSPS shall consult the Authority in relation to the terms to be included in any arrangements under this Article (in particular, terms which affect the operation of the water undertaker's supply system).

(7) Before carrying out the consultation required by paragraph (1) of Article 132 in relation to a step mentioned in sub-paragraph (a), (b) or (c) of paragraph (2) of that Article, DHSSPS 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).

Prospective

Target concentration of fluorideN.I.

127.—(1) Arrangements under Article 126(1) shall include provision for securing that, so far as reasonably practicable, the concentration of fluoride in the water supplied to premises in the specified area is maintained at the general target concentration of one milligram per litre.

(2) But the arrangements may provide for the concentration in the specified area (or any part of it) to be lower than that if DHSSPS considers that it is not reasonably practicable to achieve the general target concentration in the specified area (or that part of it).

(3) Any such lower concentration must still be as high as is reasonably practicable in the circumstances.

(4) If, in relation to any area (“area A”), an order under Article 131(1) specifies a general target concentration lower than that for which any arrangements effective there provide (or, by the previous operation of this paragraph, are taken to provide), the arrangements shall have effect from the coming into force of the order as if they provided for the general target concentration specified in the order (subject to the operation again of paragraphs (2) and (3)).

(5) If the result of the operation of paragraph (4) in relation to arrangements in area A is that in an area adjoining area A (“area B”) it is not reasonably practicable to maintain the concentration of fluoride in the water supplied by virtue of arrangements made in area B with the same water undertaker, the order shall be taken to extend also to area B so far as those arrangements are concerned, and paragraph (4) shall apply accordingly.

(6) An order under Article 131(1) which in relation to any area specifies a general target concentration higher than that for which any arrangements effective there provide (or are taken to provide by virtue of paragraph (4) or (5)) does not have effect to increase the concentration for which the arrangements provide (or are taken to provide).

(7) In this Article “specified area” means the area specified in arrangements under Article 126(1).

Prospective

Fluoridation arrangements: determination of termsN.I.

128.—(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).

Prospective

Review of fluoridationN.I.

134.—(1) Where DHSSPS has entered into arrangements under Article 126(1), it shall—

(a)monitor the effects of the arrangements on the health of persons living in the area specified in the arrangements; and

(b)in accordance with paragraph (3) publish reports containing an analysis of those effects.

(2) DHSSPS shall make available—

(a)any information collected by it for the purposes of paragraph (1); or

(b)summaries of that information.

(3) DHSSPS shall publish a report under paragraph (1)(b)—

(a)within the period of 4 years beginning with the date on which the arrangements come into force; and

(b)within each period of 4 years beginning with the date on which the last such report was published.

(4) This Article ceases to apply in relation to any arrangements under Article 126(1) if those arrangements are terminated.