Statutory Instrument 1989 No. 2101

The East Surrey Water (Constitution and Regulation) Order 1989

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© Crown Copyright 1989

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1989 No. 2101

WATER, ENGLAND AND WALES

The East Surrey Water (Constitution and Regulation) Order 1989

Whereas provision is made for the constitution and regulation of the East Surrey Water Company ("the Company") in local statutory provisions ("the local statutory provisions"):

And whereas the Company holds an appointment as a water undertaker under Chapter I of Part II of the Water Act 1989^[1] ("the Act"):

And whereas the local statutory provisions would, if the Company became a registered water company^[2], have effect in accordance with paragraph 5 of Schedule 21 to the Companies Act 1985^[3]:

And whereas the Company has by a special resolution passed on 10th October 1989 ("the special resolution") proposed that provision contained in a memorandum and articles described in Schedule 1 to this Order ("the memorandum and articles"), copies of which have been certified as such by the Secretary of State, shall have effect in substitution for the local statutory provisions ("the proposal"):

And whereas it appears to the Secretary of State that the requirements set out in sub-paragraphs (a) and (b) of section 101(3) of the Act are satisfied as respects the proposal:

And whereas it appears to the Secretary of State appropriate in consequence of his approval of the proposal by this Order that certain provisions of the East Surrey Water Acts and Orders 1862 to 1987 be repealed:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 101(2), (6) and (7) of the Act, hereby makes the following Order:

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the East Surrey Water (Constitution and Regulation) Order 1989 and shall come into force on 11th December 1989.

    (2)  In this Order -
"the 1845 Act" means the Companies Clauses Consolidation Act 1845^[4]; and
"the 1863 Act" means the Companies Clauses Act 1863^[5].

Approval of proposal contained in the special resolution
    2.    The proposal contained in the special resolution is hereby approved for the purposes of section 101(2) of the Act.

Cessation of local statutory provisions
    3.    The date on which the local statutory provisions shall cease to have effect and the memorandum and articles shall come into force is 11th December 1989.

Consequential provision
    4.    The provisions of the East Surrey Water Acts and Orders 1862 to 1987 mentioned in Schedule 2 hereto shall be repealed to the extent indicated in that Schedule with effect from the date mentioned in article 3.

Chris Patten

One of Her Majesty's Principal Secretaries of State

14th November 1989

[1] 1989 c. 15. back

[2] See section 101(8) of the Water Act 1989. back

[3] 1985 c. 6. back

[4] 1845 c. 16. back

[5] 1863 c. 118, amended by the Companies Clauses Act 1869 (c. 48). back

Explanatory Note