Statutory Water Companies Act 1991

Power to appoint officers as directors E+W

10 Power to appoint officers as directors. E+W

(1) Notwithstanding anything in the M1 Companies Clauses Consolidation Act 1845 (“the 1845 Act”), as applied to any company, but subject to any provision of a memorandum and articles having effect by virtue of an order under section 12 below and to any modification of any such memorandum and articles, the following provisions of this section shall have effect in relation to any statutory water company.

(2) Any person employed as chief engineer, general manager or secretary of the company may (whether or not he is a shareholder of the company) be appointed a director of the company either by the directors or in the manner provided by the 1845 Act.

(3) No appointment shall be made by virtue of this section if the appointment would increase the number of the directors of the company in question beyond the maximum number prescribed by any provision of any enactment or statutory order relating to the company; and not more than one director of the company shall hold office by virtue of this section at the same time.

(4) A person appointed by virtue of this section—

(a) shall not cease to be a director by reason that he is employed as mentioned in subsection (2) above; but

(b) if he was appointed by the directors, shall cease to be a director as from the date of the next ordinary general meeting of the company unless his appointment is approved at that meeting by a majority of the votes of the proprietors of the company entitled to vote or voting (whether personally or by proxy) at the meeting.

(5) The provisions of the 1845 Act requiring directors to retire by rotation shall have effect as if a person appointed by virtue of this section were not a director.

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Marginal Citations

M1 1845 c. 16.