LegalizeThe East Worcestershire Waterworks Company (Constitution and Regulation) Order 1992
Made: 6th October 1992
Laid before Parliament: 13th October 1992
Coming into force: 3rd November 1992
Now, therefore, the Secretary of State, in exercise of powers conferred on him by sections 12(1) and 14 of the Act, hereby makes the following Order:
Citation, commencement and interpretation
1
- (1) This Order may be cited as the East Worcestershire Waterworks Company (Constitution and Regulation) Order 1992 and shall come into force on 3rd November 1992.
- (2) In this Order—
- “the 1845 Act” means the Companies Clauses Consolidation Act 1845[^f00005]; and
- “the 1863 Act” means the Companies Clauses Act 1863[^f00006].
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Date on which memorandum and articles come into force etc.
3
The date specified for the purposes of section 12(1) of the Act as the date on which the memorandum and articles shall come into force and the relevant provisions shall cease to have effect is 3rd November 1992.
Consequential provision
4
The local statutory provisions referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 3rd November 1992.
SCHEDULE 1 — DOCUMENTS HAVING EFFECT AS MENTIONED IN SECTION 12(1)(b) OFTHE STATUTORY WATER COMPANIES ACT 1991
The documents comprising the Memorandum of Association of East Worcester Water Plc and the Articles of Association of East Worcester Water Plc[^f00007].
SCHEDULE 2 — CONSEQUENTIAL REPEALS
PART I — PROVISIONS OF ENACTMENTS REPEALED
| Title | Reference | Extent of repeal |
|---|---|---|
| The East Worcestershire Water Act 1877. | 1877 c.lxxiii. | Section 2 so far as relating to the 1845 Actand the 1863 Act. Sections 4, 5, 7, 8, 11and 14 to 22. |
| The East Worcestershire Water Act 1902. | 1902 c.clv. | Sections 3, 26 to 29, 31and 33 to 35. |
| The East Worcestershire Water Act 1934. | 1934 c.xviii. | Section 3 so far as relating to the 1845 Actand the 1863 Act. Sections 15, 46, 49, 51 to 54, 56 to 72and 74 to 76. |
| The East Worcestershire Water Act 1941. | 1941 c.xvii. | Section 3 so far as relating to the 1845 Actand the 1863 Act. Sections 60 to 64, 66and 75 to 85. |
PART II — Provisions of Orders Repealed
| Title | Reference | Extent of repeal |
|---|---|---|
| The East Worcestershire Water Order 1953. | S.I.1953/565. | The whole Order. |
| The East Worcestershire Water Order 1959. | S.I.1959/979. | The whole Order. |
| The East Worcestershire Water (Droitwich Rural) Order 1960. | S.I.1960/662. | In section 4, subsections (1)and (2). Section 19. |
| The East Worcestershire Water (Alcester Rural) Order 1960. | S.I.1960/1128. | In section 4, subsections (1)and (2). Section 20. |
| The East Worcestershire Water (Evesham) Order 1961. | S.I.1961/726. | In section 4, subsections (1)and (2). Section 22. |
| The East Worcestershire Water Order 1963. | S.I.1963/744. | Section 5(1) so far as relating to sections 74(3) and 75 to 77 of the Third Schedule to the Water Act 1945[^f00008]. Sections 13 to 16. |
| The East Worcestershire Water (Capital Powers) Order 1963. | S.I.1963/1256. | The whole Order. |
| The East Worcestershire Water (Capital Powers) Order 1967. | S.I.1967/147. | The whole Order. |
| The East Worcestershire Water (Capital Powers) Order 1968. | S.I.1968/1438. | The whole Order. |
| The East Worcestershire Water (Capital Powers) Order 1970. | S.I.1970/1701. | The whole Order. |
| The East Worcestershire Water (Capital Powers) Order 1980. | S.I.1980/722. | The whole Order. |
Signed
Department of the Environment
Michael Howard — One of Her Majesty’s Principal Secretaries of State — 6th October 1992
Explanatory note
(This note is not part of the Order)
Section 12(1) of the Statutory Water Companies Act 1991 provides for the replacement of provisions relating to the constitution and regulation of a statutory water company contained in its local Acts and Orders by provisions contained in a memorandum and articles which have been approved by special resolution of the members of the company. The replacement provisions have effect only if they are approved by the Secretary of State and come into force on such date as he determines.
This Order approves a proposal by the East Worcestershire Waterworks Company that a memorandum and articles of association should have effect in substitution for provisions contained in the Company’s local Acts and Orders (article 2). It also provides that the date on which those provisions cease to have effect is 3rd November 1992 (article 3) and for the repeal of the superseded provisions and for consequential repeals (article 4).
The Order is associated with the Company’s proposal to convert to the status of a registered company under the Companies Act 1985.
Footnotes
[^f00001]: 1991 c. 56.
[^f00002]: See section 15(2) of the Statutory Water Companies Act 1991.
[^f00003]: 1985 c. 6.
[^f00004]: 1991 c. 58.
[^f00005]: 1845 c. 16.
[^f00006]: 1863 c. 118, amended by the Companies Clauses Act 1869 (c. 48).
[^f00007]: A copy of the documents may be inspected at the Department of the Environment, Romney House, 43 Marsham Street, London SW1P 3PY.
[^f00008]: 1945 c. 72.
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