The Poole Harbour Revision Order 2001

PART I PRELIMINARY

Citation and commencement

1.—(1) This Order may be cited as the Poole Harbour Revision Order 2001.

(2) The Poole Harbour Acts and Orders 1756 to 1999 and this Order may be cited together as the Poole Harbour Acts and Orders 1756 to 2001.

(3) Subject to paragraph (4) below this Order shall come into force on 25th August 2001.

(4) Article 13 of this Order shall come into force on 1st January 2002.

Interpretation

2.  In this Order—

“the 1847 Act” means the Commissioners' Clauses Act 1847(1);

“appointing authority” means any of the persons by whom Commissioners are, or are to be, appointed in accordance with article 4 below and includes the selection panel;

“the Chairman” means the Chairman of the Commissioners;

“the Chief Executive” means the Chief Executive of the Commissioners;

“the Commissioners” means the Poole Harbour Commissioners;

“first appointments” means the first appointments to be made after the coming into force of this Order;

“the harbour” means the area as defined in sections 3 and 4 of Poole Harbour Act 1914(2);

“the new constitution date” means 1st November 2001;

“the selection panel” means the panel constituted under article 5 below.

Incorporation of the Commissioners' Clauses Act 1847

3.—(1) Sections 13 to 16, 37, 41 to 50, 52, 53, 60, 99 to 101, and 103 of the 1847 Act are hereby incorporated with, and form part of, this Order.

(2) The 1847 Act as so incorporated shall have effect as if for references to the clerk there were substituted references to the Chief Executive.

(3) References in the 1847 Act as so incorporated to monthly meetings shall be construed as references to the meetings held in accordance with paragraph 4 of Schedule 1 to this Order.

(4) Section 16 of the 1847 Act as so incorporated shall have effect as if the words “or who for six months in succession is absent from all meetings of the Commissioners” were omitted.

(5) Section 60 of the 1847 Act as so incorporated shall apply to officers and employees of the Commissioners as it applies to individual Commissioners.

(6) So much of the Poole Harbour Acts and Orders 1756 to 1999 as incorporates any provision of the 1847 Act other than those referred to in paragraph (1) above shall cease to have effect.

PART II CONSTITUTION

Constitution of Commissioners

4.—(1) On and after the new constitution date the Commissioners shall, subject to articles 8 and 9 below, consist of—

(a) the Chief Executive;

(b) an officer of the Commissioners, not being the Chief Executive, appointed by the Chairman after consultation with the Chief Executive; and

(c) ten other Commissioners appointed as provided by paragraph (2) below.

(2) The Commissioners appointed under this paragraph shall be as follows—

(a) one Commissioner appointed by the Transport and General Workers Union or, should they fail to make an appointment, by the selection panel;

(b) three Commissioners appointed jointly by Dorset County Council, Poole Borough Council and Purbeck District Council or, should they fail to make all or any of those appointments, by the selection panel; and

(c) six additional Commissioners appointed by the selection panel.

Selection panel

5.—(1) The Chairman shall appoint two persons, not being Commissioners, to act with him as the selection panel whenever any appointment is to be made by the panel under this Order.

(2) The selection panel shall make—

(a) the appointments to be made under article 4(2)(c) above; and

(b) the appointments to be made under article 4(2)(a) or (b) above if the Transport and General Workers Union or the local authorities mentioned in article 4(2)(b) (as the case may be) fail to make any such appointment,

having regard to the advice of the Chief Executive.

(3) For the purposes of paragraph (2) (b) above an appointing authority shall be deemed to have failed to make an appointment if the appointment has not been made by the date referred to in or determined under article 7(1) below.

(4) The selection panel shall consult the Commissioners for the time being before making any appointment.

Selection of Commissioners

6.—(1) Each appointing authority shall make the appointments provided for by article 4 above on merit, in accordance with a published recruitment policy and having had regard to equal opportunities.

(2) A person shall not be appointed as a Commissioner if he would reach the age of seventy years in his first term of office.

(3) Each Commissioner shall be a person who appears to the body appointing him to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions.

(4) Without prejudice to the generality of paragraph (3) above, the objective of the appointing authorities shall be to ensure, so far as reasonably practicable, that the Commissioners include persons having special knowledge, experience or ability in the following matters—

(a) management of harbours;

(b) shipping;

(c) industrial, commercial or financial matters;

(d) water related leisure activities;

(e) administration;

(f) local governance; and

(g) environmental matters.

(5) Before appointing a Commissioner each appointing authority shall consult with the other appointing authorities with a view to achieving, so far as reasonably practicable, the objective mentioned in paragraph (4) above.

Appointment of Commissioners and terms of office

7.—(1) Each appointing authority shall make the appointments provided for by this Order—

(a) in the case of first appointments, not later than 4th October 2001; and

(b) in the case of subsequent appointments which fall to be made in any year, by not later than 1st October in that year;

(c) in the case of casual vacancies, within 56 days of the vacancy occurring;

(d) in the case of appointments to be made by the selection panel in the event of any other appointing authority failing to make an appointment, within 28 days of the date by which the other authority should have made the appointment.

(2) The Chief Executive shall hold office as a Commissioner so long as he remains Chief Executive.

(3) The officer appointed under article 4(1)(b) above shall hold office as a Commissioner for a term of three years unless he shall previously cease to hold the office held by him at the time of his appointment, and he shall be eligible for reappointment for as long as he continues to be an officer of the Commissioners.

(4) Subject to article 8 of, and paragraphs 7 and 8 of Schedule 2 to this Order, each of the Commissioners appointed under article 4(1)(c) shall hold office for a term of three years commencing on 1st November in the year in which he is appointed.

(5) Subject to paragraph (6) below, upon ceasing to hold office, each Commissioner appointed under article 4(2) above shall be eligible for reappointment unless—

(a) he has already held office for three terms;

(b) he has already held office for two terms and there are no exceptional reasons for his reappointment; or

(c) he has reached the age of seventy years, or would do so within his next term of office.

(6) A Commissioner who:

(a) has already held office for three terms;

(b) has been Chairman for no more than two terms; and

(c) was Chairman immediately before the end of his third term,

shall be eligible for reappointment as a Commissioner for a fourth term, but shall cease to hold office as a Commissioner during his fourth term if he is not elected Chairman or ceases to hold office as Chairman.

(7) The appointments made under article 4(1)(b) and (c) above shall be notified in writing to the Chief Executive.

Transitional provisions

8.—(1) Notwithstanding any provision of the Poole Harbour Acts and Orders 1756 to 2001, and subject to paragraphs 7 to 9 of Schedule 2 to this Order—

(a) the Chairman who holds office at the date of the coming into force of this Order (“the existing Chairman”) shall continue as Chairman until 31st October 2002; and

(b) every other Commissioner appointed or elected under article 3(2) of the Poole Harbour Order 1981 who holds office at the date of the coming into force of this Order shall continue in office until the new constitution date,

(2) The first Commissioner appointed under article 4(2)(a) above shall hold office until 31st October 2004.

(3) The first Commissioners appointed under article 4(2)(b) above shall hold office until 31st October 2005.

(4) Of the first appointments to be made under article 4(2)(c) above—

(a) three shall be re-appointments, for a term expiring on 31st October 2003, of Commissioners (none of them being the Chairman) holding office immediately before the new constitution date; and

(b) two shall be new appointments for a term expiring on 31st October 2004.

(5) For so long as the existing Chairman continues in office in accordance with paragraph (1)(a) above, the number of appointments to be made under article 4(2)(c) above shall be reduced from six to five.

(6) As soon as may be after 31st October 2002 or (if earlier) the date upon which the existing Chairman ceases to hold office as a Commissioner, the selection panel shall appoint a Commissioner who, subject to paragraphs 7 and 8 of Schedule 2 to this Order, shall hold office for so long as the other Commissioners first appointed under article 4(2)(c) and paragraph (4)(b) above are to remain in office.

(7) If the existing Chairman ceases to hold office as Chairman before 31st October 2002 the Commissioners shall elect one of their number to hold office as Chairman until that date.

Additional Commissioners

9.  Notwithstanding article 4 above the Commissioners if they see fit may at any time appoint up to two additional Commissioners at any time for a fixed term of up to twelve months.

Casual vacancies

10.—(1) If a casual vacancy occurs in the office of a Commissioner, the appointing authority shall appoint another person to fill the vacancy.

(2) A person appointed to fill a casual vacancy shall, subject to article 8 of, and paragraphs 7 and 8 of Schedule 2 to, this Order, hold office during the remainder of the term for which the person in whose place he has been appointed was appointed.

(3) This article does not apply to additional Commissioners appointed under article 9 above.

Declaration to be made by Commissioners

11.  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.

Provisions applying to Commissioners

12.  The provisions set out in Schedule 2 to this Order shall have effect with respect to the Commissioners.

PART III MISCELLANEOUS PROVISIONS

Accounting provisions

13.—(1) In section 33 of the Poole Harbour Act 1895 (Accounts), for “the first day of June” there shall be substituted “the first day of August”.

(2) In subsection (3) of section 10 of the Poole Harbour Act 1925(3) (Annual account to be sent to Minister of Transport), for “the twenty-fifth day of March” there shall be substituted “the thirty-first day of March or any other such other date as the Commissioners may determine”.

Repeal and revocation of enactments

14.  On the new constitution date—

(a) the Acts referred to in columns (1) and (2) of Part I of Schedule 3 to this Order shall be repealed to the extent specified in column (3) of that Part; and

(b) the Order referred to in columns (1) and (2) of Part II of Schedule 3 to this Order shall be revoked to the extent specified in column (3) of that Part.

Signed by authority of the Secretary of State for Transport, Local Government and the Regions.

Stephen Reeves

Head of Ports Division,

Department of Transport, Local Government and the Regions

3rd August 2001