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Statutory Instrument 1990 No. 2574

The East Anglian Water (Constitution and Regulation) Order 1990

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1990 No. 2574

WATER, ENGLAND AND WALES

The East Anglian Water (Constitution and Regulation) Order 1990

Made18th December 1990
Laid before Parliament21st December 1990
Coming into force11th January 1991

    Whereas provision is made for the constitution and regulation of the East Anglian 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 18th October 1990 ("the special resolution") proposed that provision contained in a memorandum and articles of association 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of the proposal by this Order that the local statutory provisions which are specified in Schedule 2 to this Order be repealed: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 interpretation
        1.—(1)  This Order may be cited as the East Anglian Water (Constitution and Regulation) Order 1990 and shall come into force on 11th January 1991.

        (2)  In this Order-
      "the 1845 Act" means the Companies Clauses Consolidation Act 1845[4]; and "the 1863 Act" means the Companies Clauses Act 1863[5].

    Approval of proposal contained in the special resolution
        2.    The proposal contained in the special resolution is hereby approved.
    Cessation of local statutory provisions
        3.    The date specified for the purposes of section 101(2) of the Act as the date on which the local statutory provisions shall cease to have effect and the memorandum and articles shall come into force is 11th January 1991.
    Consequential provision
        4.    The East Anglian Water Acts and Orders 1853 to 1986 and the Great Yarmouth Waterworks and Lowestoft Water and Gas Act 1907[6] are repealed to the extent indicated in Schedule 2 hereto with effect from 11th January 1991.



Michael Heseltine

One of Her Majesty's Principal Secretaries of State

18th December 1990




Notes:

[1] 1989 c. 15.

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

[3] 1985 c. 6.

[4] 1845 c. 16.

[5] 1863 c. 118, amended by the Companies Clauses Act 1869 (c. 48).

[6] 1907 c.lxxxiv.

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