A fire and rescue authority may enter into an agreement with a water undertaker for the purposes of section 38(1).
An agreement under subsection (1) may include terms as to payment to be made to the undertaker, subject to section 147 of the Water Industry Act 1991 (c. 56) (charging for emergency use of water).
A water undertaker must enter into any agreement reasonably proposed by a fire and rescue authority under subsection (1).
An obligation of a water undertaker under an agreement under subsection (1), or under subsection (3), is enforceable by the Secretary of State under section 18 of the Water Industry Act 1991 (orders for securing compliance).