Part I U.K. The Boards and the Holding Company

Supplemental provisions relating to the BoardsU.K.

25 The Boards’ subsidiaries. U.K.

(1)It shall be the duty of a Board which has a subsidiary to exercise its control over the subsidiary so as to ensure that the subsidiary—

(a)does not engage in activities in which the Board has no power to engage (including activities in which the Board has no power to engage because the consent of the Minister has not been obtained), and

(b)does not do anything which the Minister has directed the Board not to do, and

(c)does not, except with the consent of the Minister, borrow money from any person other than the Board, and

(d)does not, except with the consent of the Minister, raise money by the issue of shares or stock to any person other than the Board.

(2)The Minister may give to a Board such directions as appear to him appropriate for ensuring that the Board carry out the duty imposed on them by the foregoing subsection.

[F1(2A)In the application of this section to the exercise by the British Waterways Board of their functions in Scotland–

(a)in paragraphs (a) and (b) of subsection (1) and in subsection (2) any reference to the Minister includes a reference to the Scottish Ministers; and

(b)where the purpose of the borrowing or raising of money relates wholly or partially to the exercise of the Board’s functions in Scotland, any reference in paragraph (c) and (d) of subsection (1) above to the Minister is to be read as a reference to the Scottish Ministers.]

(3), (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F1S. 25(2A) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 para. 2(17) (with transitional provisions and savings in art. 4)

Modifications etc. (not altering text)