Public Health Act 1936

2 Constitution of port health district under port health authority.

(1) In this Part of this Act the expression " port " means a port as established for the purposes of the enactments relating to the Customs and, in relation to any such port or any part of any such port, the expression " riparian authority " means—

(a) any local authority whose district, or any part of whose district, forms part of, or abuts on, that port or part of a port; and

(b) any conservators, commissioners or other persons having authority in, over or within that port or part of a port.

(2) Subject to the provisions of this section, the Minister may by order—

(i) constitute a port health district consisting of the whole or any part of a port, and either—

(a) constitute one riparian authority the port health authority for the district; or

(b) constitute a joint board, consisting of representatives of two or more riparian authorities, to be the port health authority for the district;

(ii) constitute a port health district consisting of any two or more areas, being ports or .parts of ports, and constitute a joint board, consisting of representatives of two or more riparian authorities, to be the port health authority for the district.

(3) A joint board so constituted a port health authority shall be a body corporate by such name as may be determined by the order constituting the port health district, and shall have perpetual succession and a common seal and power to hold land for the purposes of their constitution without licence in mortmain.

(4) Where the Minister proposes to make an order under this section, he shall give notice thereof to every riparian authority who will under the order be liable to contribute to the expenses of the port health authority, and if, within twenty-eight days after such notice has been given to any such riparian authority, they give notice to the Minister that they object to the proposal and the objection is not withdrawn, any order made by the Minister which will impose any such liability on that authority shall be provisional only, and shall not have effect until it is confirmed by Parliament.

(5) All expenses of, and incidental to, the constitution of a port health district shall be payable by the port health authority and, so far as those expenses are expenses incurred by the Minister, the amount thereof as certified by him shall be recoverable by him from the authority as a debt due to the Crown.