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Statutory Instrument 2001 No. 2675The King's Lynn Conservancy Board (Constitution) Harbour Revision Order 2001(The document as of February, 2008) STATUTORY INSTRUMENTS2001 No. 2675HARBOURS, DOCKS, PIERS AND FERRIESThe King's Lynn Conservancy Board (Constitution) Harbour Revision Order 2001
Whereas the King's Lynn Conservancy Board have applied for a harbour revision order under section 14 of the Harbours Act 1964[1]. And whereas no objections to the application have been made pursuant to paragraph 3(2)(a) of Schedule 3 to the said Act. Now, therefore, the Secretary of State for Transport, Local Government and the Regions (being the appropriate Minister under subsection (7) of the said section 14[2], in exercise of the powers conferred by that section and now vested in him[3], and of all other powers enabling him in that behalf, hereby makes the following Order: Citation and commencement 1. - (1) This Order may be cited as the King's Lynn Conservancy Board (Constitution) Harbour Revision Order 2001 and shall come into force on 1st August 2001. (2) The King's Lynn Conservancy Acts and Orders 1897 to 1983 and this Order may be cited together as the King's Lynn Conservancy Acts and Orders 1897 to 2001. Incorporation of section 60 of Commissioners Clauses Act 1847 2.Section 60 of the Commissioners Clauses Act 1847[4] shall be incorporated with this Order. Interpretation 3.In this Order -
Constitution of Board 4. - (1) On and after the new constitution date, the Board shall consist of -
(b) one member appointed by the Norfolk County Council; (c) one member appointed by the Trades Union Congress who is a paid official of a trade union appearing to them to represent persons engaged in dock and harbour activities in the port; (d) five members appointed by the Board; and (e) the Harbour Master & Chief Executive for the time being of the Board. (2) Each member appointed under paragraph (1)(a), (b) and (d) above shall be a person who appears to the Council or the Board (as the case may be) to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Board of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters -
(b) industrial and commercial activities; (c) shipping or other forms of transport; (d) navigation; (e) environmental matters affecting harbours and management of water related activities; (f) administration and finance; (g) community and leisure interests; (h) any other skills and matters considered relevant from time to time by the Board to the discharge by them of their functions; and each appointing body mentioned in paragraph (1)(a), (b) or (d) above shall secure, so far as reasonably practicable, that the members appointed by them respectively will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
(b) one shall hold office from the new constitution date until 31st January 2004; as the Board shall specify when they make each of those appointments.
(b) two shall hold office from the new constitution date until 31st January 2004; and (c) one shall hold office from the new constitution date until 31st January 2005; as the Council shall specify when they make each of those appointments.
(ii) for a period of three consecutive months, whichever of those periods is the longer; or the Board may declare his office as a member to be vacant and thereupon his office shall become vacant.
(b) send a copy of the statement to the King's Lynn and West Norfolk Borough Council and Norfolk County Council. Borrowing powers
(b) with the consent of the Secretary of State, such further sums of money as they may require. (2) In calculating the aggregate sums of money borrowed by the Board under paragraph (1) above, there shall be excluded any sums borrowed for the purpose of repaying within twelve months of the date of borrowing any sum for the time being outstanding by way of principal on any amount previously borrowed.
(b) the repayment, within twelve months from the date of borrowing, of any sum for the time being outstanding by way of principal on any amount previously borrowed. Temporary borrowing powers KING'S LYNN CONSERVANCY BOARD KING'S LYNN CONSERVANCY ACTS AND ORDERS 1897 TO 2001 DECLARATION I, [FULL NAME] do solemnly declare (1) that I will faithfully and impartially, according to the best of my skill and judgement, execute all the powers and authorities vested in me as a member of the King's Lynn Conservancy Board by virtue of the King's Lynn Conservancy Acts and Orders 1897 to 2001; (2) that I have read and understood the notes entitled "Note for Guidance of Board Members on the Disclosure of Financial and Other Interests" and "Duties of Members" and that I will comply with the requirements as to the disclosure of such interests, laid down by paragraph 16 of Schedule 2 to the King's Lynn Conservancy Board (Constitution) Harbour Revision Order 2001, and in particular that:
(b) I will in future notify the Harbour Master & Chief Executive of any alteration in those interests, or any new interest, such as is mentioned in those notes, which I may acquire.
Note: Where the declaration is to be made by the Harbour Master & Chief Executive, the Form shall be amended so that, for references to "the Harbour Master & Chief Executive", there are substituted references to "the Chairman". Appointment of chairman and vice-chairman of Board 1.There shall be a chairman of the Board who shall be appointed by those of the members who are appointed under articles 4(1)(a) to (d) or 8 above from among their number. 2.The first chairman appointed under article 5(2) above shall, subject to paragraph 7 below and unless he resigns his office as chairman or ceases to be a member, continue in office as chairman until his initial term of office as a member has expired. 3.Subject to paragraph 7 below, every chairman subsequently appointed under paragraph 1 above shall, unless he resigns his office as chairman or ceases to be a member, hold office for a period of three years. 4.There shall be a vice-chairman of the Board who shall be appointed by those of the members who are appointed under articles 4(1)(a) to (d) or 8 above from among their number. 5.The first vice-chairman appointed under article 5(2) above shall, subject to paragraph 7 below and unless he resigns his office as vice-chairman or ceases to be a member, continue in office as vice-chairman until his initial term of office as a member has expired. 6.Subject to paragraph 7 below, every vice-chairman subsequently appointed under paragraph 4 above shall, unless he resigns his office as vice-chairman or ceases to be a member, hold office for a period of three years. 7.If those of the members who are appointed under articles 4(1)(a) to (d) or 8 above are satisfied that the chairman or vice-chairman should cease to hold his office as such, they may terminate his office as such and appoint another member to be chairman or vice-chairman during the remainder of the term for which the former chairman or vice-chairman was appointed. 8. - (1) On a casual vacancy occurring in the office of chairman or vice-chairman of the Board, the vacancy shall be filled by those of the members who are appointed under articles 4(1)(a) to (d) or 8 above at a meeting held as soon as practicable after the vacancy occurs. (2) A member appointed under this paragraph to fill a casual vacancy in the office of chairman or vice-chairman shall, unless he resigns that office or ceases to be a member, hold that office during the remainder of the term for which the chairman or vice-chairman whom he replaces was appointed. Meetings of Board 9. - (1) The first meeting of the Board after the new constitution date shall be convened as soon as practicable by the Harbour Master & Chief Executive for such date as he may fix; and he shall make arrangements for notice of that meeting to be sent by post to each of the other members. (2) The Board shall meet at least once in each of eleven months in every year. Vacation of office by members 10.A member (other than the Harbour Master & Chief Executive) may resign his office at any time by notice in writing given to the chairman of the Board or, if that member is the chairman, the vice-chairman. Reappointment of members 11. - (1) Subject to the provisions of this Schedule, a vacating member shall be eligible for reappointment as a member unless he has been disqualified from office under article 9 above. (2) A vacating appointed member shall not be eligible for reappointment as a member where, immediately before the date in question, he has held office for three consecutive terms unless he is the chairman of the Board. (3) A chairman of the Board who is an appointed member shall not be eligible for reappointment as a member where, immediately before the date in question, he has held office as a member for four consecutive terms. (4) For the purposes of this paragraph, "term" does not include -
(b) the remainder of a term during which the member was appointed to fill a casual vacancy under article 8 above; or (c) any term served by the member prior to the new constitution date. (5) In this paragraph "appointed member" means a member appointed under article 4(1)(a) to (d) above.
(b) any term served by the member as chairman prior to the new constitution date. Committees
(b) in any other matter with which the Board are concerned, he shall declare that interest.
(b) not vote on any question with respect to that contract or matter; and (c) withdraw from the meeting -
(ii) while a decision on that contract or matter is being made. (3) This paragraph shall not apply to any interest -
(b) which arises in respect of the provision of harbour services of facilities affecting the trading community in general; (c) which a member has as an employee of a public utility undertaking or as a shareholder, not being a director of a company, unless he possesses more than five per cent of the issued share capital of that company; or (d) which the members present at the meeting by resolution declare to be too remote. 17.The person for the time being holding office as vice-chairman shall have and may exercise in the absence or incapacity of the chairman all the functions of the chairman.
(b) such other persons as from time to time they think necessary or desirable for and incidental to the performance of their functions, and pay to them such remuneration as the Board think fit.
(This note is not part of the Order) This Order reconstitutes the King's Lynn Conservancy Board as from 1 February 2002. It provides for the Board to consist of a body of twelve members with experience in relevant matters. Four members will be appointed by the King's Lynn and West Norfolk Borough Council, one by the Norfolk County Council, one by the Trades Union Congress and five by the Board. The Harbour Master & Chief Executive will also hold office as a member of the Board. Under the terms of the Order the appointed members will retire in rotation. The Order also includes other provisions with respect to the Board's constitution including provisions for the protection of the members from personal liability in the discharge of their functions. The Order increases the Board's borrowing powers, amends existing statutory requirements as to the Board's accounts and repeals or revokes certain statutory provisions. Notes: [1] 1964 (c. 40); section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 4 and 14, and by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 1.back [2] For the definition of "the Minister" (mentioned in section 14(7)) see section 57(1).back [3] S.I. 1981/238 and S.I. 1997/2971.back [4] 1847 c. 16.back [5] Paragraph 9B was inserted by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 9.back ISBN 0 11 029775 X -- Back --
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