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UK Against Fluoridation

Tuesday, November 15, 2016

Legislation, including statutory regulations, on water fluoridation - from the BFS


Making Decisions on Fluoridation

The Health and Social Care Act 2012 is the most up-to-date piece of legislation regarding water fluoridation in England. It incorporates, in an amended form, the provisions of earlier Acts of Parliament on this subject, including the Water Fluoridation Act 1985, the Water Industry Act 1991 and the Water Act 2003.

The latter is significant because it removed an ambiguity in the decision-making process that resulted from different interpretations of the Water Fluoridation Act 1985.

Health authorities had taken the view that the 1985 Act gave them the final decision on whether or not to introduce a water fluoridation scheme to benefit their communities. However, some of the water companies on whom health authorities depended to implement and operate new fluoridation schemes took a contrary position, insisting that they had discretion as to whether or not they acceded to health authorities’ requests.

The Water Act 2003 resolved this impasse by placing a clear statutory duty on water companies to comply with health authorities’ requests made in accordance with the relevant regulations governing consultation and decision-making. This requirement on water companies remains in force today.

Two sets of statutory regulations pertaining to water fluoridation are also currently in force:

The Water Supply (Fluoridation Indemnities) (England) Regulations 2005 set out the terms of an indemnity to be provided by the Secretary of State for Health to water companies operating fluoridation schemes.

The Water Fluoridation (Proposals and Consultation) (England) Regulations 2013 set out requirements on how local authorities must exercise their decision-making responsibilities when making proposals on water fluoridation.

So determined to introduce fluoridation that the government safeguarded  the Water Companies from liability. You can't sue them for the little white spots that the dentist will offer to remove for you if they bother you: for a price.


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