The Wrexham and East Denbighshire Water Company (Constitution and Regulation) Order 1994

Made: 20th August 1994

Laid before Parliament: 25th August 1994

Coming into force: 22nd September 1994

Now, therefore, the Secretary of State, in exercise of powers conferred on him by sections 12(1) and 14 of the Statutory Water Companies Act 1991, hereby makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Wrexham and East Denbighshire Water Company (Constitution and Regulation) Order 1994 and shall come into force on 22nd September 1994.

• (2) In this Order—

• “the Act” means the Statutory Water Companies Act 1991;

• “the 1845 Act” means the Companies Clauses Consolidation Act 1845[^f00005];

• “the 1863 Act” means the Companies Clauses Act 1863[^f00006];

• “the Company” means the Wrexham and East Denbighshire Water Company;

• “the memorandum and articles” means the memorandum and articles described in Schedule 1 hereto[^f00007];

• “the proposal” means the proposal contained in the special resolution providing that provision contained in the memorandum and articles shall have effect in substitution for the relevant provisions;

• “the relevant provisions” means the local statutory provisions referred to in the special resolution; and

• “the special resolution” means the special resolution of the Company passed on 20th July 1994.

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 22nd September 1994.

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The local statutory provisions referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 22nd September 1994.

SCHEDULE 1 — DOCUMENTS HAVING EFFECT AS MENTIONED IN SECTION 12(1)(b) OF THE STATUTORY WATER COMPANIES ACT 1991

The documents comprising the Memorandum of Association of Wrexham Water plc and the Articles of Association of Wrexham Water plc.

SCHEDULE 2 — CONSEQUENTIAL REPEALS

PART I — provisions of enactments repealed

PART II — provisions of orders repealed

Signed

Signed by authority of the Secretary of State for Wales

Gwilym Jones — Parliamentary Under–Secretary of State, Welsh Office — 20th August 1994

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 Wrexham and East Denbighshire Water 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 22nd September 1994 (article 3) and for the repeal of the superseded provisions and for consequential repeals (article 4).

This 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 (c. 58).

[^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 Welsh Office, Cathays Park, Cardiff, CF1 3NQ.

[^f00008]: See 1933 c.lviii.

[^f00009]: 1945 c. 72.