The Dover Harbour Revision Order 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/2167 |
| Year | 2006 |
2006 No. 2167
HARBOURS, DOCKS, PIERS AND FERRIES
The Dover Harbour Revision Order 2006
Made 2nd August 2006
Coming into force 16th August 2006
Whereas the Dover Harbour Board have applied for a harbour revision order under section 14 of the Harbours Act 19641
And whereas no objections have been made pursuant to paragraph 10(2)(f) of Schedule 3 to that Act2;
Now, therefore, the Secretary of State for Transport (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 1
PRELIMINARY
Citation and commencement
1.—(1) This Order may be cited as the Dover Harbour Revision Order 2006 and shall come into force on 16th August 2006.
(2) The Dover Harbour Acts and Orders 1954 to 1978, the Dover (Pilotage) Harbour Revision Order 19885and this Order may be cited together as the Dover Harbour Acts and Orders 1954 to 2006.
Interpretation
2. In this Order—
“the 1847 Act” means the Harbours Docks and Piers Clauses Act 18476;
“the 1954 Act” means the Dover Harbour Consolidation Act 19547;
“the 1963 Act” means the Dover Harbour Act 19638;
“the 1964 Act” means the Harbours Act 1964;
“the 1969 Order” means the Dover Harbour Revision Order 19699;
“the Acts” means the 1954 Act, the 1963 Act, the Defence (Transfer of Functions) (Dover Harbour) Order 196410, the 1969 Order, the Dover Harbour Revision Order 197511, the Dover Harbour Revision Order 197712, the Dover Harbour Revision Order 197813, the Dover (Pilotage) Harbour Revision Order 198814;
“the Board” means the Dover Harbour Board;
“Board operational premises” means all land outside the harbour within ten kilometres (drawn in a straight line) of the entrance to the Eastern Docks, Dover, and being operational land of the Board (as a statutory undertaker) as defined in section 263(1)(a) of the Town and Country Planning Act 199015but does not include land which is not in use for the Board’s undertaking;
“charges” includes charges, rents, poll-tax, dues, rates, fees and commissions of all kinds;
“constable” means a constable appointed under section 79 of the 1847 Act as incorporated in the Acts and modified by article 14(1);
“dangerous goods” means any substance or article or any goods which the Board considers to be potentially hazardous and which are for the time being specified in the table compiled and published in accordance with article 18(10);
“enactment” means any Act whether public general or local and orders, regulations, schemes or byelaws made thereunder and any provisions in any Act or in any such orders, regulations, schemes or byelaws;
“goods” includes articles and property of every description and without prejudice to the foregoing includes fish, livestock and animals of all descriptions;
“the harbour” means Dover Harbour and has the meaning assigned to it by section 4 of the 1954 Act;
“the List” means the list set out in Part 2 of the Recommendations prepared by the Committee of Experts of the United Nations on the Transport of Dangerous Goods published by the United Nations in 1989 and endorsed by the Economic and Social Council by Resolution 1989/104 under reference number ST/SG/AC.10/1/Rev.9 or such later edition of the List as is specified for the purposes of article 18;
“the port police area” means the area referred to in section 79 of the 1847 Act.
PART 2
CONSTITUTION AND GENERAL POWERS
Powers and jurisdiction of the Board
3. The jurisdiction of the Board shall extend to the following areas for the following purposes—
(a) for the enforcement of compliance with directions of the harbour master, to the limits of his jurisdiction for the purposes of the Acts;
(b) for the enforcement of compliance with the Pilotage Act 198716and the directions made thereunder, to the limits of the area specified in article 3 of the Dover (Pilotage) Harbour Revision Order 198817;
(c) for the enforcement of the Board’s byelaws and any offences under the Acts, to the harbour and to all areas to which such provisions apply;
(d) for the enforcement of the powers of constables of the Board and for their protection, to the port police area.
Power to establish committees
4.—(1) The Board may, consistent with its duties and subject to such conditions as they think fit, delegate any of their functions (other than the functions set out in sub-paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the 1964 Act) to a committee of the Board.
(2) The Board may—
(a)
(a) appoint to serve on any committee established by the Board persons who are not members of the Board;
(b)
(b) make the exercise of the Board’s functions by such a committee subject to such conditions as the Board think fit, including the length of the period during which those functions may be exercised;
(c)
(c) determine the procedure and terms of reference of any such committee.
(3) Any such committee shall include among its members at least three Board members.
(4) The quorum for any meeting of any such committee shall include at least two Board members present and able to vote at such a meeting.
(5) All decisions of such committee which involve performance of functions which are the responsibility of the Board shall be reported in writing as soon as practicable to the Board.
(6) The provisions of section 10 of the 1954 Act relating to pecuniary interests of members of the Board shall apply to members of any such committee as they apply to members of the Board.
Power to form subsidiaries
5.—(1) The Board may form and promote one or more wholly-owned subsidiaries for carrying on any activities which the Board have power to carry on under or by virtue of the Acts or this Order.
(2) The Board shall secure that any company formed in exercise of the powers conferred by paragraph (1) of this article remains such a wholly-owned subsidiary.
(3) The Board may enter into arrangements with a company formed in exercise of the powers conferred by paragraph (1) of this article for the transfer to that company from the Board or from any other company so formed, in such manner and on such terms (including payments by any of the parties to the arrangements to any of them) as may be provided for by the arrangements of any property, rights, liabilities or obligations of the company or of that other company which are relevant to the carrying on of the activities to be carried on by the first mentioned company.
(4) In this article, “wholly-owned subsidiary” has the meaning given by section 736(2) of the Companies Act 198518.
Contracts
6. The Board shall have power for the purpose of carrying out their functions (including functions which are incidental to those functions) to enter into such contracts and agreements for such consideration (or otherwise) and upon such terms and conditions as they think fit.
Deposits and investments
7. In addition to the power conferred on the Board by section 22(1)(c) of the 1963 Actthe Board may place surplus resources consisting of cash or other assets with any bank or on deposit or invest the same in any investments (including land, chattels and assets bearing no income) which they think fit with all the powers of an absolute owner.
Constitutional documents and notices
8.—(1) The Board shall keep available at their principal office a copy of the Acts and this Order and of all byelaws made thereunder and of all appropriations made under article 3 of the 1969 Order.
(2) Any person may inspect any document mentioned in paragraph (1) of this article and of all general directions of the harbour master under article 26(2) and of the table published in accordance with article 18(10) and the List and the Board shall on demand supply to that person a copy of the same upon payment to the Board of a reasonable fee.
(3) Any notice or proceeding required to be served on the Board shall be sufficiently served if put in writing, addressed to the Managing Director and Register of the Dover Harbour Board and left at or sent by registered or recorded delivery post to the principal office of the Board.
Protection of members of Board
9.—(1) No member of the Board or of any committee established under article 4 shall be liable nor shall his estate or effects be liable to execution or legal process by reason of any act or omission of such member done or made in good faith in the purported execution of the powers conferred on the Board and its members by the Acts and this Order.
(2) Every member of the Board and every member of such a committee and his estate and effects shall be indemnified out of the assets and revenues of the Board for all payments made by him and liability incurred in any act done or omission made by him in the purported execution of such powers and against all actions, claims, losses, damages, costs and demands in respect thereof.
(3) The Board may enter into, and pay premiums for, a contract of insurance to indemnify the members of the Board jointly or severally against personal liability arising from any act or omission by the Board or any member of the Board; not being an act or omission which the Board member or members 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.
Validity of proceedings
10.—(1) The validity of proceedings of the Board or of any committee established under article 4 is not affected by any vacancy among the members of the Board.
(2) Acts done by the members of the Board, by a committee established under article 4 or any person acting as a member are valid...
To continue reading
Request your trial