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Statutory Instrument 2004 No. 148The Blyth Harbour Revision (Constitution) Order 2004(The document as of February, 2008) STATUTORY INSTRUMENTS2004 No. 148HARBOURS, DOCKS, PIERS AND FERRIESThe Blyth Harbour Revision (Constitution) Order 2004
Whereas the Blyth Harbour Commissioners have applied for a harbour revision order under section 14 of the Harbours Act 1964[1]: And whereas no objection to the application has been made pursuant to paragraph 10(2)(f) of Schedule 3[2] to the said Act: Now, therefore, the Secretary of State for Transport (being the appropriate Minister under subsection (7) of the said section 14[3]), in exercise of the powers conferred by that section and now vested in him[4], 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 Blyth Harbour Revision (Constitution) Order 2004 and shall come into force on 2nd February 2004. (2) The Blyth Harbour Acts and Orders 1858 to 1989 and this Order may be cited together as the Blyth Harbour Acts and Orders 1858 to 2004. Interpretation 2.In this Order -
Constitution of Commissioners 3. - (1) On and after the new constitution date, the Commissioners shall consist of -
(b) the Chief Executive for the time being of the Commissioners. (2) Each Commissioner appointed under paragraph (1)(a) above shall be a person who appears to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners 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) shipping or other forms of transport; (c) financial management; (d) the laws relating to England; (e) industrial or public relations; (f) safety or personnel management; (g) real property; (h) commercial marketing or information technology; (i) environmental matters affecting harbours; (j) water-related leisure activities; and (k) any other skills and abilities considered from time to time by the Commissioners to be relevant to the discharge by them of their functions; and the Commissioners shall secure, so far as reasonably practicable, that the Commissioners appointed by them 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) not fewer than one nor more than two shall hold office from the new constitution date until 3lst December 2006; (c) not fewer than two nor more than four shall hold office from the new constitution date until 3lst December 2007; as the Commissioners shall specify when they make each of those appointments.
(b) has become bankrupt or made an arrangement with his creditors; or (c) is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or (d) is otherwise unable, unwilling or unfit to discharge the functions of a Commissioner; the Commissioners may declare his office as a Commissioner to be vacant and thereupon his office shall become vacant.
(b) send a copy of the statement to the Northumberland County Council. Advisory bodies General directions to vessels 14. - (1) The Commissioners may, after consultation with the Chamber of Shipping in each case of an exercise of the powers (except in cases of emergency), give directions for the purposes of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the harbour and, without prejudice to the generality of the foregoing, for any of the following purposes -
(b) for securing that vessels move only at certain times or during certain periods; (c) for requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master for the purposes of this paragraph. (2) Directions given under paragraph (1) above may apply -
(b) to the whole of the harbour, or to a part designated, or the designation of which is provided for, in the direction; and (c) at all times or at times designated, or the designation of which is provided for, in the direction; and every direction given under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c) above.
(b) prohibiting the mooring of vessels in any particular part or parts of the harbour; (c) regulating or requiring the movement, mooring or unmooring of a vessel; and (d) regulating the manner in which a vessel takes in or discharges cargo, fuel, water or ship's stores otherwise than at a dock or pier. (2) A special direction may be given in any manner considered by the harbour master to be appropriate. Repeals and revocation 20.On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order (which include spent enactments) shall be repealed to the extent specified in the third column of that Schedule. Signed by the authority of the Secretary of State for Transport Phil Garey Head of Ports Division, Department for Transport 26th January 2004 BLYTH HARBOUR COMMISSIONERS BLYTH HARBOUR ACTS AND ORDERS 1858 TO 2004 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 Blyth Harbour Commissioner by virtue of the Blyth Harbour Acts and Orders 1858 to 2004; (2) that I have read and understood the notes entitled "Note for Guidance of Commissioners on the Disclosure of Financial and Other Interests" and "Duties of Commissioners" 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 Blyth Harbour Revision (Constitution) Order 2004, and in particular that:
(b) I will in future notify the 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 Chief Executive, the form shall be amended so that, for references to the "Chief Executive", there are substituted references to "the chairman". 1.There shall be a chairman of the Commissioners who (except in the case of the chairman described in paragraph 2 below) shall be appointed by those of the Commissioners who are appointed under article 3(1)(a) or 8 of this Order from among their number. 2.The first chairman referred to in article 4(2) of this Order shall, subject to paragraph 7 below and, unless he resigns his office as chairman or ceases to be a Commissioner, continue in office as chairman until his initial term of office as a Commissioner 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 Commissioner, hold office for a period of three years. 4.There shall be a deputy-chairman of the Commissioners who shall be appointed by those of the Commissioners who are appointed under article 3(1)(a) or 8 of this Order from among their number. 5.The first deputy-chairman holding office after the new constitution date shall be appointed as soon as practicable after that date and, subject to paragraph 7 below, shall unless he resigns his office as deputy-chairman or ceases to be a Commissioner, continue in office as deputy-chairman until his initial term of office as a Commissioner has expired. 6.Subject to paragraph 7 below, every deputy-chairman subsequently appointed under paragraph 4 above shall, unless he resigns his office as deputy-chairman or ceases to be a Commissioner, hold office for a period of three years. 7.If those of the Commissioners who are appointed under article 3(1)(a) or 8 of this Order are satisfied that the chairman or deputy-chairman should cease to hold his office as such, they may terminate his office as such and appoint another Commissioner to be the chairman or deputy-chairman during the remainder of the term for which the former chairman or deputy-chairman was appointed. 8. - (1) On a casual vacancy occurring in the office of chairman or deputy-chairman of the Commissioners, the vacancy shall be filled by the Commissioners who are appointed under article 3(1)(a) or 8 of this Order at a meeting held as soon as practicable after the vacancy occurs. (2) A Commissioner appointed under this paragraph to fill a casual vacancy in the office of chairman or deputy-chairman shall, unless he resigns that office or ceases to be a Commissioner, hold that office during the remainder of the term for which the chairman or deputy-chairman whom he replaces was appointed. 9. - (1) The first meeting of the Commissioners after the new constitution date shall be convened as soon as practicable by the 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 Commissioners. (2) The Commissioners shall meet at least once in every two months. 10.A Commissioner (other than the Chief Executive) may resign his office at any time by notice in writing given to the chairman of the Commissioners or, if that Commissioner is the chairman, the deputy-chairman. 11. - (1) Subject to the following provisions of this Schedule, a Commissioner vacating office shall be eligible for reappointment as a Commissioner unless he has been disqualified from office under article 9 of this Order. (2) Subject to sub-paragraph (3) below, an appointed Commissioner vacating office shall not be eligible for reappointment as a Commissioner where, immediately before the date in question, he has held office for three consecutive terms. (3) A chairman of the Commissioners who is an appointed Commissioner shall not be eligible for reappointment as a Commissioner where, immediately before the date in question, he has held office as a Commissioner for four consecutive terms. (4) For the purposes of this paragraph "term" does not include -
(b) the remainder of a term during which the Commissioner was appointed to fill a casual vacancy under article 8 of this Order; or (c) any term served by the Commissioner prior to the new constitution date. (5) In this paragraph "appointed Commissioner" means a Commissioner appointed under article 3(1)(a) of this Order. 12. - (1) A chairman of the Commissioners shall not be eligible for reappointment as the chairman where, immediately before his appointment, he has served as a chairman for three consecutive terms. (2) For the purposes of this paragraph "term" does not include -
(b) the remainder of a term during which the Commissioner was appointed to fill a casual vacancy in the office of chairman under paragraph 8 above. (c) any term served by the Commissioner as a chairman prior to the new constitution date. 13.The Commissioners may, consistently with their duties and subject to such conditions as they think fit, delegate any of their functions (other than functions set out in subparagraphs (a) to (f) of paragraph 9B of Schedule 2 to the Harbours Act 1964[7]) to a committee of the Commissioners. 14.The acts and proceedings of the Commissioners, or of any committee of the Commissioners, shall not be invalidated by any vacancy in their number or by any defect in the appointment, or the qualification for appointment, of any person as a Commissioner, or as chairman or deputy-chairman, of the Commissioners or committee. 15.The quorum required for a meeting of the Commissioners shall be four. 16. - (1) If a Commissioner has any interest, direct or indirect -
(b) in any other matter with which the Commissioners 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 or facilities affecting the trading community in general; (c) which a Commissioner 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 Commissioners present at the meeting by resolution declare to be too remote. 17.The person for the time being holding office as deputy-chairman shall have and may exercise in the absence or incapacity of the chairman all the powers of the chairman. 21. - (1) The application of the seal of the Commissioners shall be authenticated by the signature of the chairman of the Commissioners or some other Commissioner authorised by the Commissioners to authenticate the application of the seal, and of the Chief Executive of the Commissioners or some person authorised by the Commissioners to act in his place in that behalf. (2) The Commissioners may authorise a person to act instead of the Chief Executive under this paragraph whether or not the Chief Executive is absent or incapable of acting. (3) Any notice, licence or other document given or issued by the Commissioners shall, unless the contrary intention is expressed, be sufficiently authorised if signed by the Chief Executive or a duly authorised officer of the Commissioners. 22.The Commissioners shall appoint a Chief Executive, a harbour master and such other officers and servants as they may think necessary or expedient, on such terms and conditions as they think fit; and references in the Blyth Harbour Acts and Orders 1858 to 1989 to the Clerk to the Commissioners shall be construed as references to such person as the Commissioners may designate for that purpose. 23.The Commissioners may pay to the chairman and other Commissioners such salary, allowances and expenses as the Commissioners from time to time determine. 24.Subject to the provisions of this Schedule, the procedure and business of the Commissioners and of any committee of the Commissioners shall be regulated in such manner as the Commissioners may from time to time determine.
(This note is not part of the Order) This Order reconstitutes the Blyth Harbour Commissioners ("the Commissioners") as from 1st July 2004. It provides for the Commissioners to consist of a body of seven to nine Commissioners. Six to eight Commissioners will be appointed by the Commissioners and will have experience in relevant matters. The Chief Executive will also hold office as a member of the Commissioners. Under the terms of the Order the appointed Commissioners will retire in rotation. The Order includes other provisions with respect to the Commissioners' constitution including provisions for the co-option of up to two additional Commissioners. The Order amends existing statutory requirements as to the Commissioners' accounts, provides for the establishment of advisory bodies and repeals or revokes certain statutory provisions. The Order also confers on the Commissioners powers to give general and special directions to vessels in the harbour. 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]Schedule 3 was substituted by S.I. 1999/3445, as amended by S.I. 2000/2391.back [3]For the definition of "the Minister" (mentioned in section 14(7)) see section 57(1).back [4]S.I. 1981/238, S.I. 1997/2971, S.I. 2001/2568 and S.I.2002/2626back [5]1986 c. xxi.back [6]1847 c. 27.back [7]Paragraph 9B was inserted by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 9.back ISBN0 11 048485 1 -- Back --
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