The Mid Kent Water (Constitution and Regulation) Order 1990

Statutory Instruments

1990 No. 1658

WATER, ENGLAND AND WALES

The Mid Kent Water (Constitution and Regulation) Order 1990

Made

8th August 1990

Laid before Parliament

15th August 1990

Coming into force

30th November 1990

Whereas provision is made for the constitution and regulation of the Mid Kent 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 1989(1) (“the Act”):

And whereas the 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 26th June 1990 (“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 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approval of the proposal by this Order that certain provisions of the Mid Kent Water Acts and Orders 1888 to 1985 be repealed:

Now, therefore, the Secretary of State, in exercise of powers conferred on him by section 101(2), (6) and (7) of the Act, hereby makes the following Order:

(1)

1989 c. 15.

(2)

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

(3)

1985 c. 6.