The West Kent Water Company (Constitution and Regulation) Order 1992

Statutory Instruments

1992 No. 19

WATER, ENGLAND AND WALES

The West Kent Water Company (Constitution and Regulation) Order 1992

Made

8th January 1992

Laid before Parliament

14th January 1992

Coming into force

4th February 1992

Whereas provision is made for the constitution and regulation of the West Kent Water 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 Industry Act 1991(1):

And whereas the relevant 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 29th October 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 12(2) of the Statutory Water Companies Act 1991(4) (“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his approval of the proposal by this Order that the local statutory provisions specified in Schedule 2 to this Order be repealed: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 sections 12(1) and 14 of the Act, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the West Kent Water Company (Constitution and Regulation) Order 1992 and shall come into force on 4th February 1992.

(2) In this Order—

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

“the 1863 Act” means the Companies Clauses Act 1863(6).

Approval of proposal contained in the special resolution

2.  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 12(1) 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 4th February 1992.

Consequential provision

4.  The local statutory provisions referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 4th February 1992.

Michael Heseltine

One of Her Majesty’s Principal Secretaries of State

8th January 1992

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

The documents comprising the Memorandum of Association of West Kent Water plc and the Articles of Association of West Kent Water plc(7).

Article 4

SCHEDULE 2 CONSEQUENTIAL REPEALS

PART I PROVISIONS OF ENACTMENTS REPEALED

Title	Reference	Extent of repeal
The Sevenoaks Waterworks Act 1878.	1878 c.xiv.	Section 2 so far as relating to the 1845 Act and the 1863 Act.
		Sections 5, 18, 26, 28, 29, 35 and 39.
The Kent Water Act 1955.	1955 c.xi.	Section 3(5) as it applies to the Company, so far as relating to the 1845 Act and the 1863 Act.
		Section 49.

PART II PROVISIONS OF ORDERS REPEALED

Title	Reference	Extent of repeal
The Sevenoaks Water Order 1908.	Confirmed by 1908 c.cxxxiii.	Section 4 so far as relating to the 1845 Act and the 1863 Act.
The Sevenoaks Water Order 1930.	Confirmed by 1930 c.ciii.	Section 3 so far as relating to the 1845 Act and the 1863 Act.
		Sections 8, 14 to 19 and 21.
The Sevenoaks Water Order 1937.	Confirmed by 1937 c.lxxiv.	The whole Order.
The Sevenoaks and Tonbridge Water Order 1948.	S.I. 1948/1907.	Sections 2, 4 to 7, 11, 12, 14, 20, 24 to 30, 40 and 41.
The Sevenoaks and Tonbridge Water Order 1957.	S.I. 1957/1113.	The whole Order, save so much of section 10 as relates to sections 22 and 23 of the Sevenoaks and Tonbridge Water Order 1948.
The Sevenoaks and Tonbridge Water Order 1959.	S.I. 1959/2282.	So much of section 3 as relates to sections 74 to 78 of the Third Schedule to the Water Act 1945(8).
The Sevenoaks and Tonbridge Water Order 1960.	S.I. 1960/1875.	The whole Order, save so much of section 7 as relates to sections 22 and 23 of the Sevenoaks and Tonbridge Water Order 1948.
The Sevenoaks and Tonbridge Water Order 1962.	S.I. 1962/1833.	Section 4.
The Sevenoaks and Tonbridge Water Order 1964.	S.I. 1964/812.	The whole Order, save so much of section 6 as relates to sections 22 and 23 of the Sevenoaks and Tonbridge Water Order 1948.
The Sevenoaks and Tonbridge Water Order 1967.	S.I. 1967/938.	The whole Order.
The Sevenoaks and Tonbridge Water Order 1972.	S.I. 1972/147.	The whole Order.
The West Kent Water Order 1973.	S.I. 1973/1669.	Section 4(1) and (2).
		Section 5.
		Section 25, save so far as relating to sections 22 and 23 of the Sevenoaks and Tonbridge Water Order 1948.
The West Kent Water Order 1979.	S.I. 1979/1079.	The whole Order.
The West Kent Water (Capital Powers) Order 1981.	S.I. 1981/1311.	The whole Order, save so much of section 5 as relates to sections 22 and 23 of the Sevenoaks and Tonbridge Water Order 1948.
The West Kent Water Order 1986.	S.I. 1986/1733.	Sections 6 to 9.

Explanatory Note

(This note is not part of the Order)

Section 12(1) of the Statutory Water Companies Act 1991 provides for the replacement of provisions relating to the constitution and regulation of a statutory water company contained in its local Acts and Orders by provisions contained in a memorandum and articles which have been approved by special resolution of the members of the company. The replacement provisions have effect only if they are approved by the Secretary of State and come into force on such date as he determines.

This Order approves a proposal by the West Kent Water Company that a memorandum and articles of association should have effect in substitution for provisions contained in the Company’s local Acts and Orders (article 2). It also provides that the date on which those provisions cease to have effect is 4th February 1992 (article 3) and for the repeal of the superseded provisions and for consequential repeals (article 4).

This Order is associated with the company’s proposal to convert to the status of a registered company under the Companies Act 1985.

(1)

1991 c. 56.

(2)

See section 15(2) of the Statutory Water Companies Act 1991 (c. 58).

(3)

1985 c. 6.

(4)

1991 c. 58.

(5)

1845 c. 16.

(6)

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

(7)

A copy of the documents may be inspected at the Department of the Environment, Romney House, 43 Marsham Street, London SW1P 3PY.

(8)

1945 c. 42.