1991 No. 2018
The Tendring Hundred Waterworks Company (Constitution and Regulation) Order 1991
Made
Laid before Parliament
Coming into force
Whereas provision is made for the constitution and regulation of the Tendring Hundred Waterworks Company (“the Company”) in local statutory provisions (“the relevant provisions”):
And whereas the Company holds an appointment as a water undertaker under Chapter I of Part II of the Water Act 19891 (“the Act”):
And whereas the relevant provisions would, if the Company became a registered water company2 have effect in accordance with paragraph 5 of Schedule 21 to the Companies Act 19853:
And whereas the Company has by a special resolution passed on 26th June 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 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his approval of the proposal by this Order that the local statutory provisions specified in Schedule 2 to this Order be repealed: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:
Citation, commencement and interpretation1
1
This Order may be cited as the Tendring Hundred Waterworks Company (Constitution and Regulation) Order 1991 and shall come into force on 1st December 1991.
Approval of proposal contained in the special resolution2
The proposal contained in the special resolution is hereby approved.
Date on which memorandum and articles come into force etc.3
The date specified for the purposes of section 101(2) 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 1st December 1991.
Consequential provision4
The local statutory provisions referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 1st December 1991.
Signed by authority of the Secretary of State
SCHEDULE 1DOCUMENTS HAVING EFFECT AS MENTIONED IN SECTION 101(2)(b) OF THE WATER ACT 1989
The documents comprising the Memorandum of Association of Tendring Hundred Water Services Limited and the Articles of Association of Tendring Hundred Water Services Limited7.
SCHEDULE 2CONSEQUENTIAL REPEALS
PART IPROVISIONS OF ENACTMENTS REPEALED
Title | Reference | Extent of repeal |
|---|---|---|
The Tendring Hundred Water-Works Act 1884 | Section 2 so far as relating to the 1845 Act and the 1863 Act. | |
Sections 4, 5, 8, 9, 13, 14, 20 to 23, 26 and 27. | ||
The Tendring Hundred Water-Works Act 1886. | Section 3 so far as relating to the 1845 Act and the 1863 Act. | |
Sections 15 and 22. | ||
The Tendring Hundred Water-Works Act 1901. | Section 2 so far as relating to the 1845 Act and the 1863 Act. | |
Section 32. | ||
The Tendring Hundred Water and Gas Act 1912. | Section 2 so far as relating to the 1845 Act and the 1863 Act. | |
Sections 55, 59, 60, 66, 67, 73 and 77. | ||
The Tendring Hundred Water and Gas Act 1921. | Section 2 so far as relating to the 1863 Act. | |
Sections 5, 6, 8, 11 to 15 and 17 to 21. | ||
The Tendring Hundred Water and Gas Act 1947. | Section 3 so far as relating to the 1845 Act and the 1863 Act. | |
Section 28, 29, 31, 33 to 35, 37 and 39 to 41. |
PART IIPROVISIONS OF ORDERS REPEALED
Title | Reference | Extent of repeal |
|---|---|---|
The Tendring Hundred Water Order 1953 | S.I.1953/1813. | The Whole Order. |
The Tendring Hundred Water (Financial Provisions) Order 1962. | S.I.1962/466. | Section 3(1) and (2). |
Section 3(3) and the Schedule, so far as relating to section 75 of the Third Schedule. | ||
Sections 5, 6 and 9 to 12. | ||
The Tendring Hundred Water (No. 2) Order 1962. | S.I.1962/761. | Sections 4, 23, 24 and 27 to 30. |
In section 34, subsections (1) and (2) so far as relating to sections 74 to 78 of the Third Schedule, and in subsection (3), paragraphs (d), (f) and (ff). | ||
The Tendring Hundred Water (New Sources) Order 1963. | S.I.1963/1894. | Section 3(1) and (2). |
Section 3(3) and Schedule 2 so far as relating to section 75 of the Third Schedule. | ||
Sections 9, 10 and 13 to 16. | ||
The Tendring Hundred Water Order 1964 | S.I.1964/1348. | Section 19. |
The Ardleigh Reservoir Order 1967. | S.I.1967/1173. | Section 4 and Schedule 1 as they apply to the Company, so far as relating to section 75 of the Third Schedule. |
Section 5 as it applied to the Company. | ||
Section 32, 33 and 36 to 38. | ||
The Tendring Hundred Water Order 1967. | S.I.1967/1808. | The Whole Order. |
The Tendring Hundred Water Order 1969. | S.I.1969/1596. | The Whole Order. |
The Tendring Hundred Water (Financial Provisions) Order 1975. | S.I.1975/1771. | The Whole Order. |
The Tendring Hundred Water (Financial Provisions) Order 1982. | S.I.1982/1818. | The Whole Order. |
The Tendring Hundred Water Order 1987. | S.I.1987/234. | Section 3(1) and (3). |
(This note is not part of the Order)