[F289Consultation F1... E+W

(1)Before taking any step mentioned in subsection (2) below, [F3a relevant authority] shall—

(a)consult and ascertain opinion in accordance with regulations made by [F4that authority]; and

(b)comply with the requirements set out in regulations made by [F5that authority].

(2)The steps are—

(a)requesting a water undertaker to enter into arrangements under section 87(1) above;

(b)requesting a water undertaker to vary any such arrangements in, or except in, prescribed circumstances or cases;

(c)giving notice to a water undertaker under section 87C(7) above to terminate any such arrangements;

(d)maintaining any such arrangements in prescribed circumstances.

(3)Regulations—

(a)under paragraph (a) of subsection (1) above shall include provision about the process which [F6the relevant authority is] to follow for the purposes of that paragraph;

(b)under paragraph (b) of that subsection shall include provision about the requirements which must be satisfied (with respect to the outcome of that process or otherwise) before a step mentioned in subsection (2) above may be taken.

(4)Subsection (1) above shall not apply in relation to a proposal by [F7a relevant authority] to take the step mentioned in subsection (2)(c) above if [F8that authority so directs] by an instrument in writing (and such a direction may apply either generally or in relation to a particular proposal).

(5)[F9In this section “appropriate authority”—

(a)in a case where two or more relevant authorities (one of which is the Assembly) propose to request a particular water undertaker to take a step mentioned in subsection (2)(a), (b) or (c) in respect of arrangements in adjoining areas, means the Secretary of State and the Assembly acting jointly;

(b)in relation to England (except in a case to which paragraph (a) applies), means the Secretary of State; and

(c)in relation to Wales (except in a case to which paragraph (a) applies), means the Assembly.]]