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The Water Act 2003 (Commencement No. 9 and Saving Provisions) (England) Order 2009

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force further provisions of section 58 of the Water Act 2003 (“the Act”), and makes savings in respect of some of those provisions.

Section 58 of the Act makes amendments to provisions of the Water Industry Act 1991 (“the 1991 Act”) relating to fluoridation of water supplies.

Section 58 of the Act is in force, in relation to England, for limited purposes only: first, for the purpose of enabling the Secretary of State to make regulations on the consultation process which relevant authorities will have to follow before requesting water undertakers to enter into fluoridation arrangements or varying or terminating them. Secondly, section 58 of the Act is in force for the purpose of enabling the Secretary of State to make regulations in relation to indemnifying water undertakers and licensed water suppliers for liabilities they may incur in complying with arrangements for fluoridation. Section 58(2) (fluoridation of water supplies at request of relevant authorities) and section 58(5) (consultations) were partially commenced so that relevant authorities could conduct consultations on fluoridation of water supplies.

This Commencement Order commences, in particular—

(a)section 58(2) of the Act (fluoridation of water supplies) of the 1991 Act in so far as it is not already in force.

(b)section 58(5) of the Act of the 1991 Act (consultation) in so far as not already in force; and

(c)the remaining provisions in section 58 with the exception of—

(i)sections 58(7) and (9); and

(ii)sections 58(11), (12), (13) and (14) which have not been commenced in relation to pre-1985 arrangements for fluoridation of water supplies.

Article 3 and the Schedule make saving provisions in relation to pre-1985 arrangements for fluoridation of water which were in place prior to coming into force of this order.

This Order only applies in relation to England only except for Article 2(d) which extends to Scotland only.

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