Statutory Instrument 1992 No. 17

The Eastbourne Water Company (Constitution and Regulation) Order 1992

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© Crown Copyright 1992

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1992 No. 17

WATER, ENGLAND AND WALES

The Eastbourne Water Company (Constitution and Regulation) Order 1992

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

And whereas the Company holds an appointment as a water undertaker under Chapter I of Part II of the Water Industry Act 1991^[1]:

And whereas the relevant 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 29th October 1991 ("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 relevant provisions ("the proposal"):

And whereas it appears to the Secretary of State that the requirements set out in paragraphs (a) and (b) of section 12 (2) of the Statutory Water Companies Act 1991^[4] ("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his approval of the proposal by this Order that the local statutory provisions specified in Schedule 2 to this Order be repealed:

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 Eastbourne Water Company (Constitution and Regulation) Order 1992 and shall come into force on 4th February 1992.

    (2)  In this Order—

"the 1845 Act" means the Companies Clauses Consolidation Act 1845^[5];


"the 1863 Act" means the Companies Clauses Act 1863^[6]; and


"the Third Schedule" means the Third Schedule to the Water Act 1945^[7].

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 4th February 1992.

Consequential provision
    4.    The local statutory provisions referred to in Schedule 2 here to are repealed to the extent indicated in that Schedule with effect from 4th February 1992.

Michael Heseltine

One of Her Majesty's Principal Secretaries of State

8th January 1992

[1] 1991 c. 56. back

[2] See section 15(2) of the Statutory Water Companies Act 1991 (c. 58). back

[3] 1985 c. 6. back

[4] 1991 c. 58. back

[5] 1845 c. 16. back

[6] 1863 c. 118, amended by the Companies Clauses Act 1869 (c. 48). back

[7] 1945 c. 42. back

Explanatory Note