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The East Surrey Water (Constitution and Regulation) Order 1989

S.I. 1989/2101 · Made 14 November 1989

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

WATER, ENGLAND AND WALES

Made 14th November 1989

Laid before Parliament 20th November 1989

Coming into force 11th December 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 1989f1 (“the Act”):

And whereas the local statutory provisions would, if the Company became a registered water companyf2, have effect in accordance with paragraph 5 of Schedule 21 to the Companies Act 1985f3:

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approval of the proposal by this Order that certain provisions of the East Surrey Water Acts and Orders 1862 to 1987 be repealed: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:

Annotations to the whole text

Footnotes

f1

1989 c. 15.

f2

See section 101(8) of the Water Act 1989.

f3

1985 c. 6.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Approval of proposal contained in the special resolution
  3. 3Cessation of local statutory provisions
  4. 4Consequential provision
  5. Signature
  6. Schedule 1DOCUMENTS HAVING EFFECT AS MENTIONED IN SECTION 101(2)(b) OF THE WATER ACT 1989
  7. Schedule 2: PROVISIONS OF THE EAST SURREY WATER ACTS AND ORDERS 1862 TO 1987 REPEALED
  8. IPROVISIONS OF ENACTMENTS REPEALED
  9. IIPROVISIONS OF ORDERS REPEALED
  10. Explanatory note

1Citation, commencement and interpretation

(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 1845f1; and

  • “the 1863 Act” means the Companies Clauses Act 1863f2.

2Approval of proposal contained in the special resolution

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

3Cessation of local statutory provisions

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.

4Consequential provision

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.

Signature

Chris Patten

One of Her Majesty’s Principal Secretaries of State

14th November 1989

Schedule 1DOCUMENTS HAVING EFFECT AS MENTIONED IN SECTION 101(2)(b) OF THE WATER ACT 1989

The documents comprising the Memorandum of Association of East Surrey Water Plc and the Articles of Association of East Surrey Water Plcf1

IPROVISIONS OF ENACTMENTS REPEALED

Title of enactmentReferenceExtent of repeal
The Caterham Spring Water Company’s Act 18621862 c.lxxxiiiSection 1, so far as relating to the application and incorporation of provisions of the 1845 Act, and sections 3, 4, 14 and 16
The Caterham Spring Water Company’s Act 18811881 c.ccviiSection 2, so far as relating to the application and incorporation of provisions of the 1845 Act and the 1863 Act, and sections 20 and 21
The East Surrey Water Act 18851885 c.xxviiiSection 2, so far as relating to the application and incorporation of provisions of the 1845 Act and the 1863 Act, and sections 5, 26 and 55
The East Surrey Water Act 18961896 c.cxxviiSection 2, so far as relating to the application and incorporation of provisions of the 1845 Act and the 1863 Act, and sections 15 to 17 (inclusive), 28 and 51
The East Surrey Water Act 19211921 c.xliiiSection 2, so far as relating to the application and incorporation of provisions of the 1845 Act and the 1863 Act, and sections 27, 30 to 35 (inclusive) 38 and 39
The East Surrey Water Act 19271927 c.civSection 2, so far as relating to the application and incorporation of provisions of the 1845 Act and the 1863 Act, and section 40
The East Surrey Water Act 19301930 c.lxiSection 2, so far as relating to the application and incorporation of provisions of the 1845 Act and the 1863 Act.

IIPROVISIONS OF ORDERS REPEALED

Title of orderReferenceExtent of repeal
The East Surrey Water Order 1912Confirmed by 1912 c.clxiiiSection 3, so far as relating to the application and incorporation of provisions of the 1845 Act and the 1863 Act, and sections 19, 25, 27 and 29
The East Surrey Water Order 1935See 1935 c.lxxThe whole Order
The East Surrey Water Order 1953S.I. 1953/473The whole Order
The East Surrey Water Order 1957S.I. 1957/1383The whole Order
The East Surrey Water Order 1958S.I. 1958/2060Section 3
The East Surrey Water Order 1960S.I. 1960/1746Section 3, so far as relating to the application and incorporation of provisions of the 1845 Act and the 1863 Act
The East Surrey Water Order 1963S.I. 1963/657Section 3, so far as relating to the application and incorporation of provisions connected with the constitution and regulation of the Company, and section 4
The East Surrey Water (Capital Powers) Order 1978S.I. 1978/1482The whole Order
The East Surrey Water (No. 2) Order 1985S.I. 1985/716The whole Order
The East Surrey Water Order 1987S.I. 1987/1434The whole Order.

Explanatory note

(This note is not part of the Order)

Section 101(2) of the Water Act 1989 provides for the replacement of provisions relating to the constitution and regulation of a statutory water company and contained in its local Acts and Orders by provisions contained in a memorandum and articles of association which have been approved by special resolution of the members of the company. The replacement provisions have effect only if they have been approved by the Secretary of State and on such date as he determines.

This Order approves a proposal by the East Surrey Water Company that a memorandum and articles of association should have effect in substitution for provisions contained in the East Surrey Water Acts and Orders 1862 to 1987 (article 2). It also provides that the date on which those provisions cease to have effect is 11th December 1989 (article 3) and for the repeal of the superseded provisions and for consequential repeals (article 4).

This Order is associated with the company’s proposal to convert to the status of a registered company under the Companies Act 1985.