The Health and Social Care Act 2012 amended the Water Industry Act 1991 to transfer the responsibility for consulting residents on water fluoridation from Strategic Health Authorities to Local Authorities. Water supplies tend to cross local authority boundaries, resulting in co-ordination problems.
This can raise the possibility of legal challenges. Government is best placed to mitigate this risk by introducing regulations that set clearly the requirements on local authorities when making proposals about water fluoridation and consulting local residents. The Water Industry Act 1991 places obligations and powers on the Department of Health to lay regulations to this effect.