SCHEDULES

SCHEDULE 2 Waste Disposal Authorities and Companies

Part II Provisions Regulating Waste Disposal Authorities and Companies

Avoidance of restrictions on transfer of securities of companies

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1

Subject to sub-paragraph (3) below, any provision to which this paragraph applies shall be void in so far as it operates—

a

to preclude the holder of any securities of a waste disposal contractor from disposing of those securities; or

b

to require the holder of any such securities to dispose, or offer to dispose, of those securities to particular persons or to particular classes of persons; or

c

to preclude the holder of any securities from disposing of those securities except—

i

at a particular time or at particular times; or

ii

on the fulfilment of particular conditions or in other particular circumstances.

2

This paragraph applies to any provision relating to any securities of a waste disposal contractor which is controlled by a waste disposal authority or to which the authority has transferred the relevant part of its undertaking and contained in—

a

the memorandum or articles of association of the company or any other instrument purporting to regulate to any extent the respective rights and liabilities of the members of the company;

b

any resolution of the company; or

c

any instrument issued by the company and embodying terms and conditions on which any such securities are to be held by persons for the time being holding them.

3

No provision shall be void by reason of its operating as mentioned in sub-paragraph (1) above if the Secretary of State has given his approval in writing to that provision.