The Water Act 2003 (Commencement No. 8) Order 2008

Made: 17th July 2008

The Secretary of State makes the following Order in exercise of the powers conferred by section 105(3) to (6) of the Water Act 2003[^f00001]:

Citation and interpretation

1

• (1) This Order may be cited as the Water Act 2003 (Commencement No. 8) Order 2008.

• (2) This Order applies in relation to England only.

• (3) In this Order, “the 1991 Act” means the Water Industry Act 1991² and “the Act” means the Water Act 2003.

Appointed day

2

The 1st August 2008 is the day appointed for the coming into force of the following provisions of the Act—

• (a) section 58(2) (fluoridation of water supplies) in so far as it has effect for the purpose of inserting into the 1991 Act—

• (i) section 87(1) of the 1991 Act for the purposes of section 89(2)(a) of that Act;

• (ii) section 87(3)(a)(i) in relation to the definition of “relevant authority” for the purposes of section 87(11) of the 1991 Act and section 89 of the 1991 Act in relation to the provisions of that section commenced by this Order; and

• (iii) section 87(11) of the 1991 Act;

• (b) section 58(5) in so far as it has effect for the purpose of inserting into the 1991 Act section 89(2)(a);

• (c) section 58(5) in so far as it relates to section 89(1), (3) and (5)(b) of the 1991 Act and in so far as it is not already in force;

• (d) section 58(1) in so far as it relates to provisions commenced by paragraphs (a) to (c);

• (e) paragraph 41 of Schedule 7 (minor and consequential amendments: miscellaneous) and section 101(1) (minor and consequential amendments and repeals) in so far as it relates to that paragraph; and

• (f) Schedule 9 (repeals and revocation: miscellaneous and supplementary) in so far as it relates to the repeal of paragraph 120 of Schedule 1 to the Health Authorities Act 1995³ and section 101(2) in so far as it relates to that paragraph.

Signed

Signed by authority of the Secretary of State for Health.

Ann Keen — Parliamentary Under-Secretary of State, — Department of Health — 17th July 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force further provisions of section 58 of the Water Act 2003 (“the Act”) and related consequential amendment and repeal.

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.

This Commencement Order commences, in particular—

• (a) Section 58(2) of the Act which substitutes section 87(3)(a)(i) and (11) (fluoridation of water supplies at request of relevant authorities) of the 1991 Act.

• (b) section 58(5) of the Act which substitutes section 89(2)(a) of the 1991 Act (consultation); and in so far as not already in force section 89(1), (3) and (5)(b) of the 1991 Act.

This Order only applies in relation to England.

Footnotes