Lerwick Harbour Revision Order 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/1170 |
| Year | 1999 |
1999 No. 1170
HARBOURS, DOCKS, PIERS AND FERRIES
The Lerwick Harbour Revision Order 1999
Made 12th April 1999
Coming into force 13th April 1999
Whereas the Trustees of the Port and Harbour of Lerwick have applied for a harbour revision order under section 14 of the Harbours Act 19641;
And whereas objections to the application made pursuant to paragraph 3(2)(a) of Schedule 3 to the said Act2have been withdrawn;
And whereas the Secretary of State for the Environment, Transport and the Regions is satisfied as mentioned in subsection (2)(b) of the said section 14;
Now therefore, the Secretary of State for the Environment, Transport and the Regions (being the appropriate Minister under subsection (7) of the said section 143), in exercise of the powers conferred by that section and now vested in him4, and of all other powers enabling him in that behalf, hereby makes the following Order:–
PART I
PRELIMINARY
Citation and Commencement
1.—(1) This Order may be cited as the Lerwick Harbour Revision Order 1999 and shall come into force on 13th April 1999.
(2) The Lerwick Harbour Acts and Orders 1877 to 1997 and this Order may be cited together as the Lerwick Harbour Acts and Orders 1877 to 1999 (hereinafter referred to as “the Harbour Acts and Orders”).
Interpretation
2. In this Order, unless the context otherwise requires:
“the Authority” means Lerwick Port Authority;
“the Board” means the Members of the Authority or a quorum thereof acting collectively;
“electoral divisions of the Shetland Islands Area” means the electoral divisions into which the Shetland Islands Area is divided by the Shetland Islands Area (Electoral Arrangements) Order 19925;
“General Manager” means the general manager and clerk to the Trustees;
“Harbour” means the Port and Harbour of Lerwick as described in the Harbour Acts and Orders and includes the land, buildings, works, plant, property and conveniences connected therewith or any part thereof as the case may be;
“harbour dues” means dues recovered by the Authority in terms of s.26(2) of the Harbours Act 1964 and any statutory amendment or re-enactment thereof;
“marine farm” means an area forming part of the Harbour in, under or on tidal waters in respect of which a works licence is issued for the use of said area for the purpose of the development, breeding and growth of any form of marine animal species;
“Member” means a member of the Authority unless otherwise stated;
“new constitution date” means the day of the first inaugural meeting of Lerwick Port Authority referred to in article 3(2) of this Order;
“register of British ships” means the list of vessels shown on the register which is presently maintained by the Registrar General of Shipping and Seamen as registrar in terms of The Merchant Shipping Act 19956;
“revaluation” means revaluation of business premises for rating purposes;
“Shetland Islands Council” and “the Council” means the local authority council for the Shetland Islands as constituted by the Local Government etc. (Scotland) Act 19947;
“Trustees” means the Trustees of the Port and Harbour of Lerwick for the time being acting under the Harbour Acts and Orders;
“works licence” means a works licence issued by the Trustees or the Authority in terms of Section 10 of the Lerwick Harbour Order Confirmation Act 19748.
PART II
DESIGNATION AND MEMBERSHIP
Change of Name
3.—(1) The Trustees of the Port and Harbour of Lerwick shall continue to exist as a body corporate acting pursuant to and under the Harbour Acts and Orders but on and after the coming into force of this Order shall be known as “Lerwick Port Authority”.
(2) The Trustees and the Chairman of the Trustees in office at the coming into force of this Order shall thereafter be known respectively as “Members” of the Authority and “Chairman” of the Authority and shall remain in office as Members and Chairman of the Authority until the inaugural meeting of the Members of the Authority in 1999 being the first meeting of the Authority following the nomination or election and appointment of Members pursuant to Articles 7 and 8 hereof.
(3) The title “the General Manager and Clerk” shall be changed to “Chief Executive” on the date of the coming into force of this Order.
(4) The change of names effected by paragraphs (1), (2) and (3) of this article shall not affect the rights or obligations of any person or render defective any legal proceedings; and any reference in –
(a)
(a) any enactment, or
(b)
(b) any agreement, deed, lease, licence or other instrument in force or in existence immediately before the coming into force of this Order,
to the Trustees of the Port and Harbour of Lerwick, a Trustee of that Port and Harbour or to the General Manager and Clerk shall be read as a reference to Lerwick Port Authority or, as the case may require, to a Member or to the Chief Executive of the Authority.
Members
4.—(1) On and after the new constitution date the Authority shall consist of twelve Members as follows:–
(a)
(a) 4 Members to be nominated or elected by shipowners as defined in article 5;
(b)
(b) 4 Members to be nominated or elected by business ratepayers as defined in article 6; and
(c)
(c) 4 Members to be appointed by Shetland Islands Council from among its members as specified in article 8.
(2) All Members shall have their main place of residence in the Shetland Islands.
(3) All Members shall hold office for three years from the date of the first meeting of the Authority taking place in June following the nomination, appointment or election of Members in terms of articles 7 and 8 except in the case of resignation or disqualification or ceasing to be a Member in terms of articles 16, 17 and 18 of this Order.
(4) Notwithstanding the terms of the foregoing sub-section the Board may vary the term of office of Members and the year in which Members are nominated, elected and appointed in order that the year of the nomination, election and appointment of Members of the Authority is concurrent with the year of the election of the members of Shetland Islands Council.
Shipowners
5.—(1) A shipowner is a person:
(a)
(a) whose name appears in the register of British ships on 1st March in any year of election of Members to the Authority as the owner or part owner to the extent of at least 20 tonnes gross in any vessel or vessels whose port of choice is shown as Lerwick in said register, or
(b)
(b) who satisfies the Authority that he is the owner or part owner to the extent of at least 20 tonnes gross in a vessel which has in the year preceding 1st March in any year of election of Members to the Authority made not less than 20 entries into the Harbour in respect of which harbour dues have been paid to the Authority.
(2) Where a shipowner is an incorporated company, such company may by 1st April 1999 and on each anniversary thereafter as shall occur in a year in which there is an election to the Authority, intimate in writing to the Authority the name of one of their members or employees whom they desire to be an elector and such member or employee so named shall qualify to be an elector and Member. In the event of such incorporated company being registered as the shipowner of any vessel or vessels to the extent of 40 tonnes gross or more then the company may intimate the names of two of their members or employees to qualify as electors and Members.
(3) Subject to the provisions of Article 9.(3) hereof a shipowner, other than an incorporated company, is qualified to be an elector and Member.
(4) The Authority, its officials and employees shall not qualify as shipowners.
(5) The following persons shall not qualify as shipowners:
(a)
(a) The Council;
(b)
(b) Any company or body wholly owned or controlled by the Council.
Business ratepayers
6.—(1) A business ratepayer (hereinafter referred to as a ratepayer) is a person:–
(a)
(a) whose name appears on the Valuation Roll for the Shetland Islands as prepared by the Orkney & Shetland Valuation Joint Board as at 1st April in the year prior to that in which there is an election to the Authority (or in the event of the unavailability of such Roll, the most recent available Roll) as being the owner or tenant responsible for paying business rates on a property or properties situated in Lerwick with an aggregate annual rateable value of at least £2,500,
(b)
(b) who pays said business rates in full, and
(c)
(c) who is not a statutory undertaking or an organisation having Charitable status or a club or unincorporated association or any other body, however constituted, whose main source of income or funding derives other than directly from trading or commerce.
(2) A ratepayer may also be:–
(a)
(a) the owner or the person leasing an agricultural farm of not less than 50 hectares situated in Lerwick, or
(b)
(b) the holder of a works licence authorising that person to operate a marine farm located within the Harbour.
(3) Where a ratepayer is an incorporated company or a firm, such company or firm may by 1st April 1999 and on each anniversary thereafter as shall occur in a year in which there is an election to the Authority, intimate in writing to the Authority the name of one of their members or partners whom they desire to be an elector and such member or partner so named shall qualify to be an elector and Member. In the event of any incorporated company or firm appearing in said Valuation Roll as the owner or tenant of a property or properties with an aggregate annual rateable value of £5000 or more then the company or firm may intimate the names of two members or partners to qualify as electors and Members.
(4) At each revaluation of the rateable value of business properties the sums of £2500 and £5000 mentioned in article 6(1) and (3) shall be re-assessed, retained, increased or decreased by the Authority in accordance with any changes...
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