Fowey Harbour Revision Order 2001
| Jurisdiction | UK Non-devolved |
(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.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 1847
In this Order— six appointed by the Commissioners;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; andthe Chief Executive for the time being of the Commissioners.commerce;maritime activities;health and safety;management;public relations and community issues;industrial relations;shipping, fishing or cargo handling;accountancy or financial management;boating and other water related leisure activities;environmental matters affecting harbours; andany other skills and abilities considered from time to time by the Commissioners to be relevant to the 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.(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.two shall hold office from the new constitution date until 30th April 2002;two shall hold office from the new constitution date until 30th April 2003;one shall hold office from the new constitution date until 30th April 2002;one shall hold office from the new constitution date until 30th April 2003;one shall hold office from the new constitution date until 30th April 2004;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. 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. (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.for a period during which three such meetings have been held; or for a period of three consecutive months, has become bankrupt or made an arrangement with his creditors; or is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or is otherwise unable, unwilling or unfit to discharge the functions of a Commissioner; 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.
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