The Dart Harbour and Navigation Harbour Revision (Constitution) Order 2002

Citation and commencement

1.—(1) This Order may be cited as the Dart Harbour and Navigation Harbour Revision (Constitution) Order 2002 and shall come into force on 4th November 2002.

(2) The Dart Harbour and Navigation Authority Act 1975 (1) and this Order may be cited together as the Dart Harbour and Navigation Act and Order 1975 and 2002.

Incorporation of section 60 of Commissioners Clauses Act 1847

2.  Section 60 of the Commissioners Clauses Act 1847 (2) shall be incorporated with this Order.

Interpretation

3.  In this Order—

“the 1975 Act” means the Dart Harbour and Navigation Authority Act 1975;

“the Authority” means the Dart Harbour and Navigation Authority;

“member” means a member of the Authority;

“the new constitution date” means 11th November 2002.

Constitution of Authority

4.—(1) On and after the new constitution date, the Authority shall consist of—

(a) not less than seven and not more than nine members appointed by the Authority;

(b) the Chief Executive for the time being of the Authority; and

(c) the Harbour Master for the time being of the Authority (if a different person from the Chief Executive).

(2) Each member appointed under paragraph (1)(a) above shall be a person who appears to the Authority to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Authority of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters—

(a) industrial and commercial activities;

(b) marketing and communications;

(c) tourism and leisure interests;

(d) the law relating to harbours or property;

(e) environmental matters;

(f) personnel and health and safety;

(g) finance;

(h) any other skills and matters considered relevant from time to time by the Authority in order for it to discharge its functions;

and the Authority shall secure, so far as reasonably practicable, that the members appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.

(3) In making an appointment under paragraph (1)(a) above or article 9(1) below, the Authority shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.

Appointment and terms of office of first members

5.—(1) The first appointments under article 4(1)(a) above shall be made on or before, 11th November 2002.

(2) Of the first members appointed by the Authority under article 4(1)(a)—

(a) three shall hold office from the new constitution date until 31st December 2002;

(b) three shall hold office from the new constitution date until 31st December 2003; and

(c) the remainder shall hold office from the new constitution date until 31st December 2004;

as the Authority shall specify when they make each of those appointments.

(3) The first members of the Authority appointed under article 4(1)(a) shall include—

(a) the person who, immediately before the new constitution date, was the chairman of the Authority (“the former chairman”); and

(b) at least one other person who, immediately before the new constitution date, was a member of the Authority;

and, accordingly, if the first members of the Authority referred to in article 4(1) above do not include the former chairman and one such person as is mentioned in sub-paragraph (b) those members shall under article 7 below co-opt the former chairman and one such person to be members of the Board for a period of three years.

Terms of office of subsequent members

6.  A member appointed under article 4(1)(a) above (other than a first member referred to in article 5 above) shall, unless appointed to fill a casual vacancy and subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of three years from 1st January next following his appointment.

Power to co-opt additional members

7.—(1) The members of the Authority referred to in article 4(1) above may at any time co-opt not more than two persons to serve as members.

(2) Except in the case of a member co-opted as mentioned in article 5(3) above, a co-opted member shall serve as a member for such period not exceeding twelve months as the co-opting members may specify at the time of co-option.

Declaration to be made by members

8.  No person shall act as a member 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 member if he fails to make that declaration within three months of the date of his appointment.

Casual vacancies

9.—(1) A casual vacancy arising in the office of a member appointed by the Authority shall, unless it is not reasonably practicable to do so, be filled by the appointment of a member by the Authority and any such appointment shall be made in accordance with the requirements of article 4(2) and (3) above.

(2) A member appointed to fill a casual vacancy under this article shall hold office (unless he previously dies or otherwise ceases to be a member) during the remainder of the term for which the member whom he replaces was appointed.

Disqualification of members

10.  If the Authority are satisfied that a member—

(a) has without the permission of the Authority been absent from the meetings of the Authority—

(i) for a period during which three such meetings have been held; or

(ii) for a period of three consecutive months,

whichever of those periods is the longer; or

(b) has become bankrupt or made an arrangement with his creditors; or

(c) is incapacitated by physical or mental illness from discharging the functions of a member; or

(d) is otherwise unable, unwilling or unfit to discharge the functions of a member;

the Authority may declare his office as a member to be vacant and thereupon his office shall become vacant.

Indemnity insurance for members

11.  The Authority may enter into, and pay premiums for, a contract of insurance to indemnify the members jointly or severally against personal liability arising from any act or omission of the members or of any of them; not being an act or omission which the 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.

Incidental provisions relating to Authority

12.  On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Authority.

Publication of Authority’s annual statement of accounts

13.  As soon as reasonably practicable after their annual statement of accounts is prepared, the Authority shall—

(a) make available a copy of the statement for a period of three months at the offices of the Authority for inspection free of charge by members of the public and shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied with a copy; and

(b) send a copy of the statement to South Hams District Council.

Advisory bodies

14.—(1) The Authority shall consult any accredited advisory body or bodies on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.

(2) The Authority shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by an accredited advisory body whether or not the accredited advisory body has been consulted by the Authority on the matter, recommendation or representation so referred or made.

(3) In this paragraph “accredited advisory body” means any body which appears to the Authority—

(a) to represent interests concerned with the harbour; and

(b) to comply with such standards of openness and accountability as the Authority may from time to time prescribe.

Borrowing powers

15.  In section 65(1)(a) of the 1975 Act (which specifies the limit for the general borrowing powers of the Authority) for the words “one million pounds” there shall be substituted the words “five million pounds (or that sum as adjusted in accordance with article 17 of the Dart Harbour and Navigation Harbour Revision (Constitution) Order 2002)”.

Temporary borrowing powers

16.  In section 66(2) of the 1975 Act (which specifies the limit for the temporary borrowing powers of the Authority) for the words “two hundred thousand pounds” there shall be substituted the words “five hundred thousand pounds (or that sum as adjusted in accordance with article 17 of the Dart Harbour and Navigation Harbour Revision (Constitution) Order 2002)”.

RPI adjustment of borrowing limits

17.—(1) On each anniversary of the new constitution date, the sums mentioned in sections 65(1)(a) and 66(2) of the 1975 Act shall be adjusted in line with any movement (calculated to one decimal place) in RPI which occurred during the year ended on 31st December immediately preceding the anniversary in question.

(2) Any adjustment referred to in paragraph (1) above shall be recorded in the next following annual statement of accounts prepared by the Authority.

(3) In paragraph (1) above, “RPI” means the general index of retail prices for all items published in the monthly publication of the Office for National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index.

Consequential amendment of the 1975 Act

18.—(1) In section 2(1) of the 1975 Act (interpretation), for the definition of “the harbour master” there shall be substituted—

““the harbour master” means the Harbour Master of the Authority, and includes the authorised deputies and assistants of the Harbour Master and any person authorised by the Authority to act in those capacities;”.

(2) In section 41(1) of the 1975 Act (confirmation of byelaws and fines thereunder), for the word “Clerk” there shall be substituted the words “Chief Executive of the Authority”.

Repeals

19.  On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order shall be repealed to the extent specified in the third column of that Schedule.

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

Stephen Reeves

Head of Ports Division,

Department for Transport

1st November 2002