Directors’ report
External auditors
In the case of each of the persons who are directors of the company at the date when this report was approved:
- so far as each of the directors is aware, there is no relevant audit information of which the company’s auditors is unaware; and
- each of the directors has taken all the steps that he/she ought to have taken as a director to make himself/herself aware of any relevant audit information and to establish that the company’s auditors are aware of that information.
Relevant audit information means information needed by the company’s auditors in connection with preparing their report.
This confirmation is given and should be interpreted in accordance with the provisions of section 418 of the Companies Act 2006.
Deloitte LLP have indicated their willingness to continue as auditor. A resolution to reappoint Deloitte LLP will be proposed at this year’s AGM.
The Audit Committee has recommended to the board the reappointment of Deloitte LLP and a resolution to that effect will be on the agenda at the AGM. The udit Committee will also be responsible for determining the audit fee on behalf of the board.
Accounts of Severn Trent Water Limited
Regulatory accounts for Severn Trent Water Limited are prepared and sent to Ofwat. A copy of these accounts will be available from the website of Severn Trent Water Limited (www.stwater.co.uk) or on written request to the Company Secretary (at the address given on the back cover). There is no charge for this publication.
Going concern
The group’s business activities, together with the factors likely to affect its future development, performance and position are set out in the Chief Executive’s review and the business reviews of Severn Trent Water and Severn Trent Services. The financial position of the group, its cash flows, liquidity position and borrowing facilities are described in the Financial review. The group’s objectives, policies and processes for managing its capital and its financial risk management objectives are described in the Financial review and in the Governance report. Details of the group’s financial instruments, hedging activities and exposure to credit risk and liquidity risk are described in note 21 to the group financial statements.
The group’s principal operating subsidiary, Severn Trent Water, is a regulated long term business characterised by multi year investment programmes. The group’s strategic funding objectives reflect this. The group therefore seeks to attain a balance of long term funding or commitment of funds across a range of funding at the best possible economic cost. Average debt maturity is 17 years and the effective average interest cost during the year was 5.6%. The group is in a strong liquidity position with £227.8 million in cash and liquid reserves and £650 million of undrawn committed bank facilities, which are expected to be sufficient to fund its investment and cash flow needs for at least the first year of the AMP5 period.
Severn Trent Water operates in an industry that is currently subject to economic regulation rather than market competition. Ofwat, the economic regulator, has a statutory obligation to set price limits that it believes will enable the water companies to finance their activities. As a consequence the directors believe that the group is well placed to manage its business risks successfully despite the current uncertain economic outlook.
The directors are proposing to increase the limit on the company’s borrowing powers set out in its articles of association (articles) which are out of line with the company’s current borrowing requirements and require the directors to restrict the borrowings of the group to two and a half times its adjusted capital and reserves. This amendment is part of a comprehensive update of the company’s articles to be proposed at the AGM to reflect the final provisions of the Companies Act 2006 which came into effect last year. Whilst carrying out this update the directors became aware that the group’s borrowings were in excess of this restriction. There was therefore a technical breach of article 102.
The directors have reviewed the implications of this technical breach and have plans in place to address it, including the above resolution. They consider that the resolution to be proposed to the AGM is in the best interests of shareholders and are therefore confident that the resolutions will be passed.
After making due enquiries of this situation and of all other relevant matters, the directors have a reasonable expectation that the company and the group have adequate resources to continue in operational existence for the foreseeable future. Accordingly, they continue to adopt the going concern basis in preparing the Annual Report and Accounts.
Annual General Meeting
The AGM of the company will be held at the International Convention Centre, Broad Street, Birmingham B1 2EA at 11am on Tuesday 20 July 2010. The notice convening the meeting, together with details of the business to be considered and explanatory notes for each resolution, is distributed separately to shareholders. It is also available on the company’s website: www.severntrent.com
By order of the board
Fiona Smith
General Counsel and Company Secretary
27 May 2010
