Statutory Instrument 1994 No. 2205

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

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© Crown Copyright 1994

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1994 No. 2205

WATER, ENGLAND AND WALES

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

Whereas provision is made for the constitution and regulation of the Wrexham and East Denbighshire Water Company in local statutory 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 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 20th July 1994 proposed that provision contained in a memorandum and articles described in Schedule 1 to this Order, copies of which have been certified as such by the Secretary of State, shall have effect in substitution for the relevant local statutory provisions:

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] are satisfied as respects the aforesaid proposal:

And whereas it appears to the Secretary of State appropriate in consequence of his approval of the aforesaid proposal by this Order that the local statutory provisions specified in Schedule 2 to this Order be repealed: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 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^[5];
"the 1863 Act" means the Companies Clauses Act 1863^[6];
"the Company" means the Wrexham and East Denbighshire Water Company;
"the memorandum and articles" means the memorandum and articles described in Schedule 1 hereto^[7];
"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.

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under-Secretary of State, Welsh Office

20th August 1994

[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] A copy of the documents may be inspected at the Welsh Office, Cathays Park, Cardiff, CF1 3NQ. back

Explanatory Note