Fowey Harbour Revision Order 2001
| Year | 2001 |
2001 No. 2184
HARBOURS, DOCKS, PIERS AND FERRIES
The Fowey Harbour Revision Order 2001
Made 14th June 2001
Coming into force 18th June 2001
Whereas the Fowey Harbour Commissioners have applied for a harbour revision order under section 14 of the Harbours Act 19641:
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 142), in exercise of the powers conferred by that section and now vested in him3, 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 Fowey Harbour Revision Order 2001 and shall come into force on 18th June 2001.
(2) The Fowey Harbour Orders 1937 to 1980 and this Order may be cited together as the Fowey Harbour Orders 1937 to 2001.
Incorporation of provisions of the Commissioners Clauses Act 1847
2. Sections 15, 48, 53, 56, 58 to 60, 62 to 65, 67, 69 to 83, 85 to 88 and 96 to 111 of the Commissioners Clauses Act 18474(so far as applicable and not inconsistent with the Fowey Harbour Orders 1937 to 2001) shall be incorporated with this Order.
Interpretation
3. In this Order—
“appointing body” means the Commissioners or the Restormel Borough Council;
“the Commissioners” means the Fowey Harbour Commissioners;
“the new constitution date” means 1st September 2001.
Constitution of Commissioners
4.—(1) On and after the new constitution date, the Commissioners shall consist of—
(a)
(a) six appointed by the Commissioners;
(b)
(b) three appointed by Restormel Borough Council after consulting with Cornwall County Council, Caradon District Council, Fowey Town Council, Lanteglos Parish Council, Lostwithiel Town Council, St. Sampson Parish Council, St. Veep Parish Council and St. Winnow Parish Council; and
(c)
(c) the Chief Executive for the time being of the Commissioners.
(2) Each Commissioner appointed under paragraph (1)(a) and (b) above shall be a person who appears to the Commissioners or the Restormel Borough Council 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—
(a)
(a) commerce;
(b)
(b) maritime activities;
(c)
(c) health and safety;
(d)
(d) management;
(e)
(e) public relations and community issues;
(f)
(f) industrial relations;
(g)
(g) shipping, fishing or cargo handling;
(h)
(h) accountancy or financial management;
(i)
(i) boating and other water related leisure activities;
(j)
(j) environmental matters affecting harbours; and
(k)
(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 each appointing body 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.
(3) In making an appointment under paragraph (1)(a) or (b) above or article 8 below, each appointing body shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointment and terms of office of first Commissioners
5.—(1) The first appointments under article 4(1)(a) or (b) above shall be made on, or as soon as reasonably practicable after, 18th June 2001.
(2) The Commissioners shall appoint the persons who are, at the date when they make the first appointments under paragraph (1) above, the chairman and vice-chairman of the Commissioners to be two of the first of such appointed Commissioners and they shall hold office as Commissioners from the new constitution date until 30th April 2004; and on and after the new constitution date shall be the chairman and vice-chairman respectively of the Commissioners.
(3) Of the remaining first such Commissioners appointed by the Commissioners—
(a)
(a) two shall hold office from the new constitution date until 30th April 2002;
(b)
(b) two shall hold office from the new constitution date until 30th April 2003;
as the Commissioners shall specify when they make each of those appointments.
(4) Of the Commissioners appointed by Restormel Borough Council—
(a)
(a) one shall hold office from the new constitution date until 30th April 2002;
(b)
(b) one shall hold office from the new constitution date until 30th April 2003;
(c)
(c) one shall hold office from the new constitution date until 30th April 2004;
as the Council shall specify when they make each of those appointments.
Terms of office of subsequent Commissioners
6. A Commissioner appointed under article 4(1)(a) or (b) above (other than a Commissioner appointed under article 5 above) shall, unless appointed to fill a casual vacancy and subject to articles 7 and 9 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of three years from 1st May next following his appointment.
Declaration to be made by Commissioners
7. No person shall act as a Commissioner until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a Commissioner if he fails to make that declaration within three months of the date of his appointment.
Casual vacancies
8.—(1) A casual vacancy arising in the office of a Commissioner appointed by the Commissioners or the Restormel Borough Council shall, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners or the Council (as the case may be) in accordance with article 4(2) and (3) above and, in the case of an appointment by the Council, after consulting in accordance with article 4(1)(b) above.
(2) A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 7 and 9 of, and paragraph 10 of Schedule 2 to, this Order, hold office during the remainder of the term for which the Commissioner whom he replaces was appointed.
Disqualification of Commissioners
9. If the Commissioners are satisfied that a Commissioner—
(a) has without the permission of the Commissioners been absent from the meetings of the Commissioners—
(i) for a period during which three such meetings have been held; or
(ii) for a period of three consecutive months,
whichever of these periods is the longer; or
(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.
Indemnity insurance for Commissioners
10. The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnify the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or of any of them; not being an act or omission which the Commissioner or Commissioners in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach.
Incidental provisions relating to Commissioners
11. On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.
Publication of Commissioners' annual statement of accounts
12. As soon as reasonably practicable after their annual statement of accounts is prepared, the Commissioners shall—
(a) make available a copy of the statement for a period of three months at the offices of the Commissioners for inspection free of charge by members of the public and shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied with a copy; and
(b) send a copy of the statement to the Restormel Borough Council.
Borrowing powers
13.—(1) Subject to paragraph (2) below, the Commissioners may from time to time borrow upon the security of their assets for the time being or of their revenues or both their assets and their revenues, by any methods they see fit—
(a)
(a) such sums of money as they think necessary not exceeding two million pounds (or that sum as adjusted in accordance with article 15 below); and
(b)
(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 Commissioners 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.
(3) Moneys borrowed by the Commissioners under this article shall be applied only to purposes to which capital money is properly applicable.
(4) For the purposes of paragraph (3) above, but without prejudice to the generality of that paragraph, purposes to which capital money is properly...
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