Statutory Instruments
WATER, ENGLAND AND WALES
Made
22nd January 1992
Laid before Parliament
31st January 1992
Coming into force
21st February 1992
Whereas provision is made for the constitution and regulation of Lee Valley Water Plc ( “the Company”) in local statutory provisions (“the relevant provisions”) which have effect in accordance with paragraph 5 of Schedule 21 to the Companies Act 1985(1): And whereas the Company is a statutory water company which holds an appointment as a water undertaker under Chapter I of Part II of the Water Industry Act 1991(2): And whereas the Company is a registered water company(3) and has by a special resolution passed on 13th December 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his approval of the proposal by this Order that the local statutory provisions specified in Schedule 2 to this Order be repealed: Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 12(1) and 14 of the Act, hereby makes the following Order:
1.—(1) This Order may be cited as the Lee Valley Water Plc (Constitution and Regulation) Order 1992 and shall come into force on 21st February 1992.
(2) In this Order “the Third Schedule” means the Third Schedule to the Water Act 1945(5).
2. The proposal contained in the special resolution is hereby approved.
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 21st February 1992.
4. The local statutory provisions referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 21st February 1992.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
22nd January 1992
The documents comprising theMemorandum of Association of Lee Valley Water Limited and the Articles of Association of Lee Valley Water Limited(6).
Article 4
| Title | Reference | Extent of repeal |
|---|---|---|
| The Lee Valley Water Act 1959. | 1959 c.li. | Sections 3, 5 to 14, 17, 18, 24 to 31, 44, 45, 47, 51, 53 to 59 and 61 to 76. Section 79 so far as relating to sections 75 to 78 of the Third Schedule. In Part II of Schedule 3, the entries relating to sections 75, 76 and 78 of the Third Schedule. |
| The Great Ouse Water Act 1961. | 1961 c.xiii. | Sections 97, 98 and 100. |
| Title | Reference | Extent of repeal |
|---|---|---|
| The Lee Valley Water Order 1963. | S.I. 1963/1559. | Sections 2(1), 16 and 17. |
| The Lee Valley Water (No. 2) Order 1965. | S.I. 1965/1422. | Section 9. |
| The Lee Valley Water (Financial Provisions) Order 1967. | S.I. 1967/1565. | The whole Order. |
| The Three Valleys Water Order 1970. | S.I. 1970/1790. | Sections 3 and 25 so far as they apply to the Company. Sections 31 and 32. |
| The Lee Valley Water Order 1970. | S.I. 1970/2033. | The whole Order. |
| The Great Ouse Water Order 1971. | S.I. 1971/2169. | Sections 30 and 32. |
| The Lee Valley Water Order 1972. | S.I. 1972/1924. | Sections 2(1) and (2), 5 to 9, 11(2), 12, 19, 20 and 28. |
| The Trustee Investments (Water Companies) Order 1973. | S.I.1973/1393. | Section 5. |
| The Lee Valley Water Order 1976. | S.I. 1976/1792. | The whole Order. |
| The Lee Valley Water Order 1983. | S.I. 1983/629. | The whole Order. |
(This note is not part of the Order)
Section 12(1) of the Statutory Water Companies Act 1991 provides forthe replacement of provisions relating to the constitution andregulation of a statutory water company contained in its local Acts andOrders by provisions contained in a memorandum and articles which havebeen approved by special resolution of the members of the company. Thereplacement provisions have effect only if they are approved by theSecretary of State and come into force on such date as he determines.
This Order approves a proposal by Lee Valley Water Plc that amemorandum and articles of association should have effect insubstitution for provisions contained in the Company’s local Acts andOrders (article 2). It also provides that the date on which thoseprovisions cease to have effect is 21st February 1992 (article 3) andfor the repeal of the superseded provisions and for consequentialrepeals (article 4).
The Company has already converted to the status of a registeredcompany under the Companies Act 1985, and this Order is associated withthe conversion.
See section 15(2) of the Statutory Water Companies Act1991 (c. 58).
A copy of the documents may be inspected at the Department of the Environment, Romney House, 43 Marsham Street, London SW1P 3PY.