EX-10.16.4



 





Exhibit 10.16.4




DATED 29 September 2003




BIWATER RETIREMENT AND SECURITY SCHEME




Deed of Alteration




changing the Main and ex-WCAPS Editions of the

Fifth Definitive Trust Deed and Rules with regard to the

inclusion of Cascal Services Limited as a “Water Company”




CMS Cameron McKenna LLP

Mitre House

160 Aldersgate Street

London EC1A 4DD




T+44(0)171 367 3000

F +44(0)171 367 2000




File Ref: 104585.00001

Doc.Ref: 20727405.01




CMS Cameron McKenna





 









 








THIS DEED OF ALTERATION is made the 29th day of September 2003




PARTIES





	(1)	 	The Principal Employer
	 
	 	 	BIWATER PLC whose registered office is at Biwater House, Station Approach, Dorking, Surrey
RH4 1TZ
	 
	(2)	 	The Trustees
	 
	 	 	TERENCE WILLIAM ALBERT BARKER of “the Willows”, 20 Holme Park, Upper Newbold, Chesterfield,
Derbyshire S41 8XB NORMAN ERIC DODD of 5 Ashworth Avenue, Urmston, Manchester M41 8TH JOHN
ERNEST ALFRED KERSLAKE of Ivy House, Stack Hills Road, Todmorden, OL14 5QW ANTHONY JOHN READ
of 4 Hazlemere Drive, St Leonards, Ringwood, Hants and BARRY SHORT of 15 Rimbury Way,
Christchurch, Dorset BH23 2RQ





RECITALS





	(A)	 	This Deed is supplemental to two editions of a Fifth Definitive Trust Deed called the “Main
Edition” made on 1 April 2003 and the “ex-WCAPS Edition” also made on 1 April 2003 but
substituted by a replacement thereof dated 24 June 2003 (together called “the Trust Deeds”),
both with Rules attached (together called “the Rules”) as subsequently amended which
constitute the current provisions of the Biwater Retirement and Security Scheme (“the Scheme”)
	 
	(B)	 	In accordance with Clause 24 of the Trust Deeds, the Trustees may amend the provisions of the
Rules with the consent of the Principal Employer at any time by deed
	 
	(C)	 	The Trustees are the present trustees of the Scheme




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OPERATIVE PROVISIONS



The Trustees, with the consent of the Principal Employer, in exercise of the powers described in
recital (B) above declare that with effect on and from 1st October 2003 in the
definition of “Water Company” in Rule 1 of both the Main Edition and the ex-WCAPS Edition, the
words “and Cascal Services Limited” shall be inserted after “BWHW” in the ex-WCAPS edition, and
after “Bournemouth and West Hampshire Water Company PLC” in the Main Edition.



IN WITNESS of which the parties have executed this document as a deed on the date set out above.




	 	 	 	 
	EXECUTED as a deed on 13th August 2003
	on behalf of BIWATER PLC by
	 	 	 
	 
	 	 	 
	Director

	 	 	/s/ D.L. Magor
	 
	 	 	 
	Secretary

	 	 	/s/ Martin Robert Anthony Duffy
	 
	 	 	 
	SIGNED AND DELIVERED as a Deed by
	 	 	 
	TERENCE WILLIAM ALBERT BARKER

	 	 	/s/
T. Barker

	in the presence of 
	 	 	 
	 
	 	 	 
	Witness

	 	C B Engle	 
	 
	 	 	 
	Address

	 	c/o Biwater 

Biwater House,  Station Approach 

Surrey 

RH 4 1TZ	 
	 
	 	 	 
	SIGNED AND DELIVERED as a Deed by
	 	 	 
	NORMAN ERIC DODD in the presence of

	 	 	/s/ Norman Eric Dodd	 

	 
	 	 	 
	Witness

	 	C B Engle	 
	 
	 	 	 
	Address

	 	c/o Biwater  

Biwater House,  Station Approach 

Surrey 

RH4 1TZ	 






 









 






	 	 	 
	SIGNED AND DELIVERED as a Deed by
	 	 
	JOHN ERNEST ALFRED KERSLAKE

	 	/s/ John Ernest Alfred Kerslake

	in the presence of
	 	 
	 
	 	 
	Witness


	C B Engle	 
	 
	 	 
	 		 
	 
	 	 
	Address
	c/o Biwater
Biwater House, Station Approach
Surrey 

RH4 1TZ	
	 
	 	 
	SIGNED AND DELIVERED as a Deed by
	 	 
	ANTHONY JOHN READ in the presence of

	 	/s/ Anthony John Read

	 
	 	 
	Witness
	/s/ SIGNATURE ILLEGIBLE	
	 
	 	 
	
	 	
	 
	 	 
	Address
	c/o Biwater Plc
Station Approach
Dorking
Surrey 

RH4 1TZ	
	 
	 	 
	SIGNED AND DELIVERED as a Deed by
	 	 
	BARRY SHORT in the presence of

	 	/s/ Barry Short

	 
	 	 
	Witness
	/s/ SIGNATURE ILLEGIBLE	
	 
	 	 
	 
	 	 
	 
	 	 
	Address
	c/o Biwater Plc
Station Approach
Dorking
Surrey 

RH4 1TZ	 







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