The Hartlepools Water Company (Constitution and Regulation) Order 1995
Made: 16th January 1995
Laid before Parliament: 24th January 1995
Coming into force: 14th February 1995
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 Hartlepools Water Company (Constitution and Regulation) Order 1995 and shall come into force on 14th February 1995.
- (2) In this Order—
- “the Company” means the Hartlepools Water Company; and
- “the relevant provisions” means the local statutory provisions referred to in the special resolution of the Company passed on 12th December 1994.
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution of the Company passed on 12th December 1994 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 described in Schedule 1 to this Order shall come into force and the relevant provisions shall cease to have effect is 14th February 1995.
Consequential provision
4
The local statutory provisions specified in Schedule 2 to this Order are hereby repealed to the extent indicated in that Schedule.
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 Hartlepool Water PLC and the Articles of Association of Hartlepool Water PLC[^f00005].
SCHEDULE 2 — CONSEQUENTIAL REPEALS PROVISIONS OF ORDERS REPEALED
| Title | Reference | Extent of repeal |
|---|---|---|
| The Hartlepools Water (Consolidation, etc.) Order 1986. | S.I. 1986/401. | The whole Order except section 39(2) and Part III of Schedule 4 (protective etc. provisions continued). |
| The Hartlepools Water (Red Barns Borehole) Order 1987. | S.I.1987/1597. | The whole Order. |
| The Hartlepools Water (Leechmire Borehole) Order 1988. | S.I.1988/1592. | The whole Order. |
Signed
John Selwyn Gummer — One of Her Majesty’s Principal Secretaries of State — 16th January 1995
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 local legislation 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 Hartlepools Water Company that a memorandum and articles of association should have effect in substitution for provisions contained in the Company’s local Orders (article 2). It also provides that the date on which the memorandum and articles of association replace those provisions is 14th February 1995 (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 water 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]: A copy of the documents may be inspected at the Department of the Environment, Romney House, 43 Marsham Street, London SW1P 3PY.
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