With effect from the appointed day, old Welsh fluoridation arrangements shall be treated for the purposes of this Chapter as if they were arrangements entered into by the water undertaker in question with the Welsh Ministers under section 87(1) above.
The Welsh Ministers may request such modifications to the arrangements as it considers necessary in order to give effect to subsection (1) above, for example to insert the terms mentioned in section 87(6) above.
If the Welsh Ministers and the water undertaker fail to agree the modifications requested by the Welsh Ministers—
Sections 87(11) and 89(1) above (which relate to consultation) shall not apply to the deemed entry into, and modification of, arrangements by virtue of this section.
References in this Chapter to arrangements entered into under section 87(1) above shall include arrangements treated as entered into by a water undertaker by virtue of subsection (1) above.
In this section—
"the appointed day" means the day on which section 58 of the Water Act 2003 comes into force in relation to Wales; and
"old Welsh fluoridation arrangements" means arrangements, other than arrangements mentioned in section 90B(6), in pursuance of which a scheme for increasing the fluoride content of water was being operated by a water undertaker by virtue of paragraph 1 of Schedule 7 to this Act immediately before the appointed day.