The Crouch Harbour Authority (Constitution) Harbour Revision Order 2007

Citation and commencement

1.—(1) This Order may be cited as the Crouch Harbour Authority (Constitution) Harbour Revision Order 2007 and shall come into force on 15th November 2007.

(2) The Crouch Harbour Act 1974(1) and this Order may be cited together as the Crouch Harbour Act and Order 1974 and 2007.

Interpretation

2.  In this Order—

“the 1974 Act” means the Crouch Harbour Act 1974;

“advisory body” means any advisory body established under article 13;

“advisory committee” means the Crouch Harbour Authority Advisory Committee constituted by section 11 of the 1974 Act;

“the appointments panel means” the panel constituted under article 4 and during the period from the coming into force of the Order to the new constitution date includes the transitional appointments panel referred to in paragraph 5 of Schedule 3 to this Order;

“the Authority” means the Crouch Harbour Authority;

“the chairman” means the chairman of the Authority;

“the clerk” means the clerk to the Authority;

“the harbour” has the meaning given by section 3(1) of the 1974 Act;

“the local authorities” means Chelmsford Borough Council, Essex County Council, Maldon District Council and Rochford District Council;

“member” means a member of the Authority;

“the new constitution date” means 1st December 2007;

“the vice chairman” means the vice chairman of the Authority.

Constitution of Authority

3.—(1) Subject to article 6, and to the transitional provisions of this Order, and to any casual vacancies, the Authority shall consist of 10 members appointed by the appointments panel.

(2) Each member shall be a person who appears to the appointments panel to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Authority of its 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) water related sporting activities;

(b) leisure and tourism;

(c) commercial shipping or other forms of transport;

(d) financial management;

(e) the laws relating to England;

(f) safety or personnel management;

(g) commercial marketing or information technology;

(h) environmental matters affecting harbours;

(i) ownership and management of land in the area of the harbour; and

(j) any other skills and abilities considered from time to time by the appointments panel to be relevant to the discharge by the Authority of its functions;

and the appointments panel shall secure, so far as reasonably practicable, that the members appointed by the panel 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 the Authority of its functions.

(3) In making any appointment under paragraph (1) or article 7, the appointments panel 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.

Appointments panel

4.—(1) There shall be an appointments panel consisting of —

(a) the chairman or the vice chairman;

(b) one person nominated by the advisory committee;

(c) one person nominated jointly by the local authorities.

(2) The appointments panel shall consult the Authority before making any appointment, and shall notify every appointment which it makes to the clerk in writing.

(3) Each member of the appointments panel shall be independent and shall not act as the delegate of the body by which he is appointed.

Terms of office of members

5.—(1) Subject to articles 7 and 8, and paragraph 10 of Schedule 2 to, and to the transitional provisions in Schedule 3 to, this Order, a member shall (unless appointed to fill a casual vacancy) hold office for the period of four years from 1st January next following his appointment.

(2) Upon ceasing to hold office, each member shall be eligible for reappointment.

Declaration to be made by members

6.  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

7.—(1) A casual vacancy arising in the office of a member shall, unless it is not reasonably practicable to do so, be filled by the appointment of a member by the appointments panel in accordance with article 4.

(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

8.—(1) 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 these 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 from the date of that declaration his office shall become vacant.

(2) In any case where the Authority propose to declare the office of a member to be vacant in the circumstances referred to in paragraph (1) they shall afford the member the opportunity to make representations before taking any decision.

Indemnity insurance for members

9.—(1) 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 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

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

Transitional provisions

11.  The transitional provisions set out in Schedule 3 to this Order shall have effect.

Crouch Harbour Authority Advisory Committee

12.  The Authority shall continue to maintain the advisory committee.

Advisory bodies

13.—(1) The Authority shall establish and maintain such advisory bodies as the Authority thinks fit on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.

(2) The Authority shall consult the advisory bodies.

(3) The Authority shall make arrangements for the advisory bodies to meet not less than twice a year.

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

(5) An advisory body may determine its own quorum and procedure and shall appoint a chairman.

(6) An individual member of an advisory body may, on giving notice in writing to the chairman of that body, send a substitute to any meeting of the body.

(7) A member of an advisory body shall hold office for the period of three years from the date of his appointment and at the end of that period shall be eligible for reappointment.

(8) A member of an advisory body may resign his office at any time by notice in writing given to the clerk.

Amendment of Crouch Harbour Act 1974

14.  In section 64 (Byelaws) of the 1974 Act, for proviso (i) to subsection (1)(k) substitute-

“(i) before making or altering any byelaws under this section or the Act of 1847 the Authority shall consult with such persons as the Advisory Committee may consider appropriate;”.

Repeals

15.  On the new constitution date the enactments mentioned in columns (1) and (2) of Schedule 4 to this Order shall be repealed to the extent specified in column (3) of that Schedule.

Signed by the authority of the Secretary of State for Transport

Richard Bennett

Head of Ports Division

Department for Transport

8th November 2007