Statutory Instruments
PORT HEALTH AUTHORITIES, ENGLAND AND WALES
Made
2nd December 1991
Coming into force
10th January 1992
The Secretary of State for Wales, in exercise of powers conferred by sections 2, 3 and 4 of the Public Health (Control of Disease) Act 1984(1) and of all other powers enabling him in that behalf, having given the notices required by the aforesaid sections 2 and 4 of this proposal to make this Order and not having received any notice of objection thereto, hereby makes the following Order:—
1.—(1) This Order may be cited as the Milford Port Health Authority Order 1991 and shall come into force on 10th January 1992.
(2) In this Order, unless the context otherwise requires—
“the Act” means the Public Health (Control of Disease) Act 1984;
“the Port of Milford” means the port of that name established for the purposes of the enactments relating to Customs and Excise;
“the joint board” means the joint board established by virtue of article 2; and other expressions have the same meanings as in the Act.
(3) The riparian authorities specified for the purposes of this Order are Preseli Pembrokeshire District Council and South Pembrokeshire District Council.
(4) In this Order, unless the context otherwise requires, any reference to an article or to a Schedule shall be construed as a reference to an article in this Order, or to a Schedule hereto.
2.—(1) For the purposes of the Act, that part of the Port of Milford which lies within—
(a)an imaginary line commencing at the western extremity of Studdock Point and drawn in a south-easterly direction to the point of intersection of latitude 51° 36' 15"N with longitude 05° 03' 00"W, thence in a westerly direction to the point of intersection of latitude 51° 36' 15"N with longitude 05° 16' 00"W, thence in a northerly direction to the point of intersection of latitude 51° 40' 48"N with longitude 05° 16' 00"W and thence in an easterly direction to the south-western extremity of St. Anne’s Head; and
(b)the mean high water line along the coast between the points described in (a) above together with—
(i)as far as the tide flows all rivers, canals, creeks, streams, channels, watercourses; and
(ii)docks and harbours and marinas and all land comprising any wharf or dock and the buildings or part of any building thereon used in connection with maritime trade or business health authority for that district.
(2) The joint board shall be called the Milford Port Health Authority and shall consist of 16 members of whom 8 shall each be appointed by the Preseli Pembrokeshire District Council and the South Pembrokeshire District Council from the members of their respective Councils.
3.—(1) The specified riparian authorities shall apppoint members to the joint board at meetings to be held in May each year.
(2) Any vacancy occurring amongst members of the joint board shall be filled by the specified riparian authority in whose representation the vacancy occurred at a meeting to be held as soon as reasonably possible after such occurrence.
(3) Not less than three days before a meeting of a specified riparian authority at which it is proposed to elect a member of the joint board, the proper officer of that authority shall give notice of the meeting and of the proposed appointment to every member of that authority.
(4) The proper officer of a specified riparian authority shall forthwith notify in writing to the proper officer of the joint board the name, address and occupation of any person appointed by his authority to be a member of the joint board.
(5) A person appointed to the joint board shall cease to be a member of the joint board if he ceases to be a member of the Council of the specified riparian authority by which he was appointed.
4.—(1) All members of the joint board shall retire from office on 31st May each year, and the newly appointed members shall come into office on 1st June each year.
(2) A retiring member of the joint board may be re-appointed to the board for a further term of office if at the time of his re-appointment he is otherwise qualified to be appointed.
5.—(1) The chairman of the joint board shall be elected annually by the members of the board from amongst the members.
(2) The election of the chairman shall be the first business transacted at the annual meeting of the joint board.
(3) In the case of equality of votes the chairman shall be elected by the drawing of lots.
(4) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.
(5) During his term of office the chairman shall continue to be a member of the joint board.
6. The provisions of Schedule 1 shall have effect for the purposes of the members and proceedings of the joint board.
7. The joint board shall have jursidiction as port health authority over all waters and land within the port health district including the area within the gates of any dock and the buildings thereon respectively.
8.—(1) There are hereby assigned to the joint board as port health authority, the functions, rights and liabilities of a local authority under the enactments specified in Schedules 1 and 2 so far as they are applicable to a port health authority and to any lands, waters, premises, houseboats, vessels or persons within their jurisdiction, provided that in the application of the provisions of the Local Government Act 1972(2) as set out in Schedule 1—
(a)the provisions of section 97 of that Act shall be exercisable only by the Secretary of State; and
(b)the provisions of Parts I and VI of Schedule 12 to that Act shall apply as if the joint board were a district council.
(2) For the purposes of the functions, rights and liabilities assigned to the joint board by virtue of this Order, the enactments specified in Schedule 2 shall have effect as if—
(a)any vessel or houseboat lying within their jurisdiction were a house, building, premises, tent, van or shed; and
(b)the master or other officer or person in charge of the vessel or houseboat were the occupier.
(3) This article shall not apply to any vessel belonging to Her Majesty or to any vessel engaged in the service of Her Majesty, whether belonging to Her Majesty or not, or to any vessel belonging to the armed forces of any country, to which the provisions of the Visiting Forces Act 1952(3) apply by virtue of section 1 of that Act.
9. The riparian authorities shall contribute towards any expenses incurred or to be incurred by the joint board by virtue of the authority conferred upon the board by this Order in the following proportions, namely—
| Preseli Pembrokeshire District Council | 50 per cent |
| Preseli Pembrokeshire District Council | 50 per centSouth Pembrokeshire District Council |
10. All accounts of the joint board or of any committee of the board shall be audited in accordance with the provisions of Part III of the Local Government Finance Act 1982(4).
11. The Milford Port Health Authority Order 1981(5) and the Milford Port Health Authority Amendment Order 1985(6) are hereby revoked.
Articles 6 and 8
| Local Government Act 1972 (c. 70) | |
|---|---|
| Sections 79—82 | Qualifications and disqualifications |
| Section 84 | Resignations |
| Section 85 | Vacation of office by failure to attend meetings |
| Section 88(1) and (2) | Filling casual vacancy in the office of chairman |
| Section 92 | Proceedings of disqualification |
| Sections 94—98 | Disability of members |
| Sections 99 and Parts I and VI of Schedule 12 | Meetings and proceedings of local authorities |
| Section 100 | Admission of the public and press |
| Sections 101 and 102 | Appointment of committees |
| Section 105 | Disability for voting |
| Section 111 | Subsidiary powers of local authorities |
Article 8
| Public Health Act 1936 (c. 49)(7) | |
|---|---|
| Section 48 | Power to examine and test drains |
| Section 50 | Overflowing and leaking cesspools |
| Sections 51 and 52 | Care of closets and sanitary conveniences |
| Section 82 | Byelaws as to removal through streets of offensive matters or liquid |
| Sections 83—86 | Filthy or verminous premises or articles and verminous persons |
| Sections 140 and 141 | Provisions for the protection of the public from polluted water |
| Section 268(4) | Byelaws for promoting cleanliness and habitable conditions |
| Part XII | General |
| Clean Air Act 1956 (c. 52) | |
| The whole Act | |
| Public Health Act 1961 (c. 64) | |
| Section 36 | Power to require vacation of premises during fumigation |
| Section 73 | Derelict Petrol Tanks |
| Clean Air Act 1968 (c. 62) | |
| The whole Act | |
| Local Government Act 1972 (c. 70) | |
| Sections 112—119 | Staff |
| Sections 120, 121, 123 and 128—131 | Land Transactions |
| Section 132 | Provision of Offices |
| Section 135 | Contracts |
| Section 140 | Insurance against accidents to members |
| Section 143 | Subscriptions to associations |
| Section 176 | Payment of expenses of official and courtesy visits etc. |
| Sections 222 and 223 | Legal proceedings |
| Sections 224 and 225 | Documents and Notices etc. |
| Sections 236(3)—(8), 237 and 238 | Byelaws |
| Section 240(2) | Provisional Orders |
| Slaughterhouses Act 1974 (c. 3) | |
| Part I | Slaughterhouses and Knackers' Yards |
| Control of Pollution Act 1974 (c. 40) | |
| Part III (except sections 70(2), (3) and (5) and 71(1), | Noise |
| Section 76 | Regulations about sulphur content of oil fuel for furnaces or engines |
| Section 77 (insofar as it is supplementary to Section 76) | Provisions supplementary to Section 76 |
| Section 78 | Cable burning |
| Sections 79—83 | Information about atmospheric pollution |
| Section 84 | Interpretation of Part IV |
| Section 86 | Protection of members and officers of authorities from personal liability |
| Sections 91 and 92 | Rights of entry and inspections, etc |
| Section 93 | Power of authorities to obtain information |
| Section 94 | Prohibition on disclosures of information |
| Section 97 | Default powers |
| Section 98 | Interpretation |
| Part VI | Miscellaneous and General |
| The Local Government (Miscellaneous Provisions) Act 1976 (c. 57) | |
| Section 16 | Power of local authorities to obtain particulars of persons interested in land |
| Section 32 | Power of local authorities to execute works outside their area |
| Section 41 | Evidence of resolutions and minutes of proceedings, etc. |
| The Public Health (Control of Disease) Act 1984 (c. 22) | |
| Part I | Administrative and financial provisions |
| Part II (except sections 11 and 12, 21 to 23 and 39 to 42) | Control of disease |
| Section 47 | Regulations about dead bodies |
| Section 48 | Removal of body to mortuary or for immediate burial |
| Section 54 | Instruction about health and disease |
| Section 56 | Tents vans sheds and similar structures. |
| Building Act 1984 (c. 55) | |
| Section 64(1) | Sufficiency of closet accommodation |
| Section 65 | Provision of sanitary conveniences in workplaces |
| Section 70 | Provision of food storage accommodation |
| Section 76 | Defective premises |
| Sections 77 and 78 | Dangerous buildings |
| Section 79 | Ruinous and dilapidated buildings and neglected sites |
| Sections 81 and 82 | Power to serve notice about demolition |
| Section 84 | Paving and drainage of yards and passages |
| Food Safety Act 1990 (c. 16) | |
| Parts I-III | Preliminary, Main Provisions and administration and Enforcement |
Signed by authority of the Secretary of State for Wales
R. Jarman
An Under SecretaryWelsh Office
2nd December 1991
S.I. 1981/679.
S.I. 1985/707.
1936 c. 49; relevant amendments are made by the Public Health (Control of Disease) Act 1984 (c. 22).