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Water Industry Act 1991
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- UK Public General Acts
- 1991 c. 56
- Part III
- CHAPTER IV
- Section 88O
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Changes over time for: Section 88O
Version Superseded: 01/11/2022
Alternative versions:
- 27/03/2012- Amendment
- 01/04/2013- Amendment
- 18/12/2015
Point in time - 01/11/2022- Amendment
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Water Industry Act 1991, Section 88O is up to date with all changes known to be in force on or before 01 June 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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[F188OPower to make regulations as to maintenance of section 87 arrangementsE+W
(1)The Secretary of State may by regulations prescribe circumstances in which arrangements must be made in accordance with the regulations—
(a)for consulting and ascertaining opinion on whether arrangements under section 87(1) (“section 87(1) arrangements”) should be maintained, and
(b)for enabling authorities affected by section 87(1) arrangements to decide whether to propose to the Secretary of State that they be maintained.
(2)The regulations must make provision requiring the Secretary of State to give notice under section 87C(7) to a water undertaker to terminate section 87(1) arrangements entered into by the undertaker if—
(a)the outcome of arrangements made by virtue of subsection (1)(b) is that the affected authorities decide not to propose that the section 87(1) arrangements be maintained, and
(b)the Secretary of State is satisfied that any requirements imposed by regulations under subsection (1), as to the arrangements to be made for the purposes mentioned in that subsection, have been met.
(3)Subsection (2)(b) does not require the Secretary of State to consider the adequacy of any steps taken for the purposes of complying with any requirement to consult or to ascertain opinion which is imposed by regulations made under subsection (1).
(4)The provision that may be made by regulations under subsection (1) (as to the arrangements to be made for the purposes mentioned in that subsection) includes provision corresponding, or similar, to any requirements imposed by or under sections 88K to 88M.]
Textual Amendments
F1Ss. 88B-88O inserted (27.3.2012 for specified purposes, 1.4.2013 for E. in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 36, 306(1)(d)(2)(3) (with s. 37(3)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Modifications etc. (not altering text)
C1Pt. 3 Ch. 4 modified (1.4.2013 for E.) by Health and Social Care Act 2012 (c. 7), ss. 37(1), 306(2)(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)
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