The Rickmansworth Water Plc (Constitution and Regulation) Order1992

Statutory Instruments

1992 No. 125

WATER, ENGLAND AND WALES

The Rickmansworth Water Plc (Constitution and Regulation) Order1992

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 ofRickmansworth Water Plc ( “the Company”) in local statutory provisions ( “the relevant provisions”) which have effect in accordance with paragraph 5 of Schedule 21 tothe Companies Act 1985(1): And whereas the Company is a statutory water companywhich holds an appointment as a water undertaker under Chapter I of PartII 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 December1991 ( “the special resolution”) proposed that provision contained in a memorandum and articlesdescribed in Schedule 1 to this Order ( “the memorandum and articles”), copies of which have been certified as such by the Secretary ofState, shall have effect in substitution for the relevant provisions ( “the proposal”): And whereas it appears to the Secretary of State that therequirements set out in paragraphs (a) and (b) of section 12(2) of theStatutory Water Companies Act 1991(4) ( “the Act”) are satisfied as respects the proposal: And whereas it appears tothe Secretary of State appropriate in consequence of his approval of theproposal by this Order that the local statutory provisions specified inSchedule 2 to this Order be repealed: Now, therefore, the Secretary ofState, in exercise of the powers conferred on him by sections 12(1) and14 of the Act, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Rickmansworth Water Plc (Constitutionand Regulation) Order 1992 and shall come into force on 21st February1992.

(2) In this Order—

“the 1845 Act” means the Companies Clauses Consolidation Act 1845(5);

“the 1863 Act” means the Companies Act 1863(6); and

“the Third Schedule” means the Third Schedule to the Water Act 1945(7).

Approval of proposal contained in the special resolution

2.  The proposal contained in the special resolution is herebyapproved.

Date on which memorandum and articles come into force etc.

3.  The date specified for the purposes of section 12(1) of the Act asthe date on which the memorandum and articles shall come into force andthe relevant provisions shall cease to have effect is 21st February1992.

Consequential provision

4.  The local statutory provisions referred to in Schedule 2 hereto arerepealed to the extent indicated in that Schedule with effect from 21stFebruary 1992.

Michael Heseltine

One of Her Majesty’s Principal Secretaries of State

22nd January 1992\

SCHEDULE 1 DOCUMENTS HAVING EFFECT AS MENTIONED IN SECTION 12(1)(b) OF THESTATUTORY WATER COMPANIES ACT 1991

The documents comprising theMemorandum of Association of Rickmansworth Water Limited and theArticles of Association of Rickmansworth Water Limited(8).

Article 4

SCHEDULE 2 CONSEQUENTIAL REPEALS

PART I PROVISIONS OF ENACTMENTS REPEALED

Title Reference Extent of repealRickmansworth Waterworks Act 1884. 1884 c.xvii. Section 2 so far asrelating to the 1845 Act and the 1863 Act. Sections 5, 17, 19 and 22 to24. Rickmansworth and Uxbridge Valley Water Act 1885. 1885 c.xx.Sections 3 and 8. Rickmansworth and Uxbridge Valley Water Act 1900. 1900c.ccxlii. Section 2 so far as relating to the 1845 Act and the 1863 Act.Rickmansworth and Uxbridge Valley Water Act 1928. 1928 c.xlix. Section 2so far as relating to the 1845 Act and the 1863 Act. Sections 35, 54, 56and 58 to 61. Rickmansworth and Uxbridge Valley Water Act 1936. 1936c.lvi. Section 2 so far as relating to the 1845 Act and the 1863 Act.Section 44.

PART II PROVISIONS OF ORDERS REPEALED

Title Reference Extent of repealRickmansworth and Uxbridge Valley Water Order 1917. Confirmed by 1917c.xxxii. Section 3 so far as relating to the 1845 Act and the 1863 Act.Section 39. Rickmansworth and Uxbridge Valley Water Order 1951. S.I.1951/1609. Section 2. Rickmansworth and Uxbridge Valley Water Order1953. S.I. 1953/886. Section 2. Rickmansworth and Uxbridge Valley WaterOrder 1960. S.I. 1960/2424. Sections 2(1) and 4. Section 7 so far asrelating to section 35 of the Rickmansworth and Uxbridge Valley WaterAct 1928. Section 8. Rickmansworth and Uxbridge Valley Water (FinancialProvisions) Order 1964. S.I. 1964/241. The whole Order. Rickmansworthand Uxbridge Valley Water Order 1967. S.I. 1967/1005. The whole Order.Three Valleys Water Order 1970. S.I. 1970/1790. Sections 3 and 25 so faras they apply to the Company. Sections 33 to 35. Rickmansworth andUxbridge Water Order 1970. S.I. 1970/1452. The whole Order.Rickmansworth and Uxbridge Valley Water (Third Schedule) Order 1972.S.I. 1972/752. Section 3 so far as relating to sections 75 to 78 of theThird Schedule. Section 8. In Schedule 2, the entries relating tosections 75, 76 and 78 of the Third Schedule. Rickmansworth and UxbridgeValley Water (Financial Provisions) Order 1972. S.I. 1972/1483. Thewhole Order, save so much of section 7 as relates to sections 40 and 42of the Rickmansworth and Uxbridge Valley Water Act 1936. Rickmansworthand Uxbridge Valley Water (Financial Provisions) Order 1982. S.I.1982/1579. The whole Order. Rickmansworth Water Order 1983. S.I.1983/1809. The whole Order. Rickmansworth Water (Financial Provisions)Order 1986. S.I. 1986/1277. The whole Order.

Explanatory Note

(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 Rickmansworth 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.

(1)

1985 c. 6.

(2)

1991 c. 56.

(3)

See section 15(2) of the Statutory Water Companies Act1991 (c. 58).

(4)

1991 c. 58.

(5)

1845 c. 16.

(6)

1863 c. 118, amended by the Companies Clauses Act 1869(c. 48).

(7)

1945 c. 42.

(8)

A copy of the documents may be inspected at theDepartment of the Environment, Romney House, 43 Marsham Street, LondonSW1P 3PY.