Statutory Instrument 1990 No. 1128

The York Waterworks (Constitution and Regulation) Order 1990

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© Crown Copyright 1990

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1990 No. 1128

WATER, ENGLAND AND WALES

The York Waterworks (Constitution and Regulation) Order 1990

Whereas provision is made for the constitution and regulation of The York Waterworks 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 28th March 1990 ("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 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of his approval of the proposal by this Order that certain provisions of the York Water Acts and Orders 1846 to 1985 be repealed:

Now, therefore, the Secretary of State, in exercise of 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 York Waterworks (Constitution and Regulation) Order 1990 and shall come into force on 22nd June 1990.

    (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.

Cessation of local statutory provisions
    3.    The date specified for the purposes of section 101(2) of the Act as the date on which the local statutory provisions shall cease to have effect and the memorandum and articles shall come into force is 22nd June 1990.

Consequential provision
    4.    The provisions of the York Water Acts and Orders 1846 to 1985 referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 22nd June 1990.

Chris Patten

One of Her Majesty's Principal Secretaries of State

24th May 1990

[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