Provisional Orders Confirmation (No. 6). by means of the said wells and pumping station and the said A.D. 1927. works connected therewith. Amersham cise of 10. The Undertakers may on all or any of the lands for Beaconsfield the time being held by them in connection with the undertaking and District Order. 5 execute for the purposes of or in connection with the undertaking any of the works (other than wells and works for taking and As to exerintercepting water) and exercise any of the powers mentioned in or conferred by section 12 of the Waterworks Clauses Act 1847 section 12 Provided that the Undertakers shall not under the powers of this of Water10 article create or permit the creation or continuance of any Clauses nuisance on any such lands. powers of works Act 1847. 11. The limits within which the Undertakers may supply Extension water shall extend to and include in addition to the existing of limits of limits so much of the parish of Wooburn in the rural district of supply. 15 Wycombe in the county of Buckingham as lies to the north of the railways of the Great Western and Great Central Railways Joint Committee and from and after the commencement of this Order the Undertakers may within the added limits exercise any rights powers and privileges which they may exercise within the 20 existing limits and the provisions of the Amersham Beaconsfield and District Water Orders 1896 to 1914 (as amended by the Amersham Beaconsfield and District Waterworks Company Limited (Modification of Charges) Order 1922) and this Order shall so far as applicable be in full force and have effect throughout 25 the limits of supply. in case 12. If after the expiration of five years from the commence- Power to ment of this Order the Undertakers are not furnishing or prepared local authoon demand to furnish a sufficient supply of water in accordance rity &c. to with the provisions of this Order throughout the added limits supply water 30 the local authority of the district within which the added limits Undertakers are situate may provide a supply in accordance with the provisions fail to of the Public Health Act 1875 or the local authority or any supply. company body or person may apply for an Act of Parliament or Provisional Order for the purpose of supplying water in any 35 part of the added limits not sufficiently supplied by the Undertakers and for the repeal of the powers of the Undertakers in that behalf. If any difference shall arise between the Undertakers and any such local authority company body or person as to the 40 sufficiency of the supply of water in any part of the added limits such difference shall be settled by an arbitrator to be appointed on the application of either party by the Minister of Health. 13.-(1) For the purpose of complying with any obligation As to comunder the Waterworks Clauses Act 1847 or under any other Act munication 45 relating to the Undertakers to maintain any pipe or apparatus pipes. used for the supply of water from any works of the Undertakers Provisional Orders Confirmation (No. 6). A.D. 1927. the person liable to maintain the same shall have the like power to open the ground as is conferred upon him by and subject Amersham to the conditions of sections 48 to 52 of the Waterworks Clauses Beaconsfield Act 1847 in relation to the laying of communication pipes. and District Order. Undertakers to connect tion pipes with mains. (2) The Undertakers by agreement with any owner or occupier 5 entitled or required to lay maintain repair or remove any communication pipe or apparatus and for that purpose to open or break up any street in the limits of supply may subject to the like conditions execute such works on behalf of such owner or occupier and any expenses incurred by the Undertakers shall be 10 repaid by the owner or occupier with whom the agreement is made and shall be recoverable summarily as a civil debt. 14. Notwithstanding anything contained in any Act or Order relating to the Undertakers the Undertakers shall have the communica- exclusive right of executing any works on any of the water mains 15 of the Undertakers for connecting any communication pipe therewith and the Undertakers shall on the request of any owner or occupier of any premises who is entitled to be supplied with water by the Undertakers execute on any such main any work which shall be necessary to connect the communication or service 20 pipe of such owner or occupier there with and any expenses incurred by the Undertakers in so doing shall be repaid by the owner or occupier so requesting and shall be recoverable as a civil debt. Provisions as to fireplugs. Price for supply by meter. Supply to certain premises. 15. In applying the sections of the Waterworks Clauses 25 Act 1847 relating to fireplugs to any urban or rural district within the limits of supply the Council of such district shall be substituted for the town commissioners and the concluding paragraph of section 38 of the said Act shall be taken to include the pattern and price of the fireplugs as well as their position and number: 30 Provided that if the pattern of any fireplug which may be decided upon and fixed as a result of an inquiry held under the provisions of the said section 38 shall cause or allow a waste of water or an access of air to the Undertakers' mains then the Undertakers shall be at liberty to have the same removed and the 35 expense thereof shall be borne by the council affected and the Undertakers in equal shares. 16. The price to be charged for a supply of water by meter shall not exceed three shillings a thousand gallons. 17.-(1) The Undertakers shall not be bound to supply 40 with water otherwise than by meter (a) any building used by an occupier as a dwelling-house whereof any part is used by the same occupier for any trade or manufacturing purpose for which water is required or (b) any workhouse hospital asylum (whether public or private) sanatorium school club hotel public-house or inn or 45 (c) any boarding-house capable of accommodating at least twelve Provisional Orders Confirmation (No. 6). persons or (d) any public institution which is habitually occupied A.D. 1927. by at least twenty persons. (2) Where a supply of water to a farmhouse is used for farming purposes the Undertakers may require that the supply 5 for farming purposes shall be taken by meter but nothing in this article shall authorise the Undertakers to refuse a supply of water for domestic purposes to a farmhouse at the ordinary rate calculated on the rateable value thereof. (3) The minimum quarterly charge for a supply of water by 10 meter to any of the premises in this article mentioned shall be one-fourth of the annual amount which would be payable according to the scale for the time being in force for a domestic supply furnished to a dwelling-house of the same rateable value. 18. Section 35 of the Waterworks Clauses Act 1847 in its 15 application to the Undertakers shall be read and construed as if the words " one eighth part" were substituted therein for the words "one tenth part." Amersham Beaconsfield and District Order. Application of section 35 of Clauses Act Waterworks 1847. 19. Where water supplied for domestic purposes is used Charges for for horses washing carriages or motor cars or for other purposes supply by 20 in premises where horses carriages or motor cars are kept the hose-pipe. Undertakers may if a hose-pipe or other similar apparatus is used charge any additional sum not exceeding twenty shillings per annum and (where more motor cars than one are ordinarily kept) a further sum not exceeding ten shillings per annum for 25 each motor car beyond the first and any sum chargeable under the provisions of this article shall be recoverable with and as the water rate. 20. The Undertakers may enter into and carry into effect Purchase of agreements made with any company or person supplying water water in 30 under parliamentary authority for the purchase of water in bulk bulk. by the Undertakers for such price and on such terms and conditions and for such period as may be agreed upon and any water so purchased may be used by the Undertakers for the purposes of the undertaking. 35 21.-(1) Any urban or rural district council whose district Guarantees is in whole or in part within the limits of supply may give and by district enter into any guarantee or contract for securing payment to the councils. Undertakers of such periodical or other sum or sums at such time or times in such manner and subject to such stipulations 40 as may be agreed by and between such council and the Undertakers for the purpose of or with respect to the providing or laying down by the Undertakers of any main pipe or works for or with respect to the supply of water within any part of such district. 45 (2) The giving of such guarantee and the performance of any contract in relation thereto shall be deemed to be a purpose Provisional Orders Confirmation (No. 6). A.D. 1927. for which under the provisions of any general Act relating to the powers of such council they may incur expenditure and any such council may raise in like manner as money may be raised under the provisions of any such general Act any money which may become payable to the Undertakers under this article. Amersham Beaconsfield and District Order. Additional capital. Limits of dividend on capital. Amending section 16 of Order of 1914. Dividend on different classes of 5 (3) Nothing in this article shall be deemed to authorise any such urban or rural district council to use any water supplied by the Undertakers under any such guarantee or contract as aforesaid in any part of the district of such council which is beyond the limits of supply and within the limits for the supply 10 of water of any other company or person supplying water under parliamentary authority without the consent of such other company or person. 22. The limitation prescribed by the Order of 1914 with respect to the amount of the share capital of the Undertakers 15 for the purposes of the undertaking shall not prevent the Undertakers from raising for such purposes further share capital (in this Order referred to as "additional capital ") not exceeding ninety thousand pounds including the premiums (if any) on the issue thereof: 20 Provided that the share capital of the Undertakers for the purposes of the undertaking shall not exceed in the whole one hundred and seventy thousand pounds unless the Undertakers are hereafter authorised to raise further share capital by Provisional Order under the Gas and Water Works Facilities 25 Act 1870 or by Act of Parliament. 23. The Undertakers shall not in any one year pay out of their profits any larger dividend on the additional capital to be raised under the powers of this Order than seven pounds in respect of every one hundred pounds actually paid up of such 30 capital as shall be issued as ordinary capital unless a larger dividend be at any time necessary to make up the deficiency of any previous dividend which shall have fallen short of the said sum of seven pounds per centum per annum or than seven pounds in respect of every one hundred pounds actually paid up 35 of such capital as may be issued as preference capital. 24. Notwithstanding anything contained in section 16 (Limits of dividend on additional capital) of the Order of 1914 the Undertakers may issue preference capital under the powers of that Order bearing a rate of dividend not exceeding seven 40 pounds per centum per annum. 25. In case in any year or half-year (if the Undertakers declare a dividend half-yearly) the funds of the Undertakers applicable to dividend shall be insufficient to pay the full amount of the prescribed maximum rate of dividend on each class of 45 paid propor- ordinary shares in the capital of the Undertakers a proportionate tionately. shares to be reduction shall be made in the dividend of each class. 10 Provisional Orders Confirmation (No. 6). 26.—(1) All ordinary and preference shares forming part A.D. 1927. of the additional capital authorised by this Order shall be issued in accordance with the provisions of this article. Amersham Beaconsfield and District Order. New capital to be sold (2) All shares so to be issued shall be offered for sale by public 5 auction or tender in such manner at such times and subject to such conditions of sale as the Undertakers shall from time to time determine Provided as follows: by auction (a) Notice of the intended sale shall be given in writing or tender. to the clerk to the district council of every district within the limits of supply and to the secretary of the London Stock Exchange at least fourteen days before the day of auction or the last day for the reception of tenders as the case may be and shall also be duly advertised · once in each of two consecutive weeks in one or more local newspapers circulating within the said limits; (b) A reserve price shall be fixed and notice thereof shall be sent by the directors in a sealed letter to be received by the Board of Trade not less than twenty-four hours before but not to be opened till after the day of auction or last day for the receipt of tenders as the case may be; 15 20 20 25 30 (c) No lot offered for sale shall comprise shares of greater (d) In the case of a sale by tender no preference shall be (e) It shall be one of the conditions of sale that the total (3) Any shares which have been so offered for sale and are 35 not sold may be offered at the reserve price in manner prescribed by a resolution passed by the directors to the holders of shares of the Undertakers and to the employees of the Undertakers and to the consumers of water supplied by the Undertakers in such proportion as the directors may think fit or to one or more of 40 these classes of persons only Provided that in case of an offer to holders of shares if the aggregate amount of shares applied for shall exceed the aggregate amount so offered as aforesaid the same shall be allotted to and distributed amongst the applicants as nearly as may be in proportion to the amounts 45 applied for by them respectively. (4) Any shares which have been offered for sale in accordance with the provisions of sub-division (2) or of sub-divisions (2) |