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The River Tees Port Health Authority Order 2016

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Citation, commencement, application and interpretation

1.—(1) This Order may be cited as the River Tees Port Health Authority Order 2016 and comes into force on 14th June 2016.

(2) This Order applies to England.

(3) In this Order—

the Act” means the Public Health (Control of Disease) Act 1984;

“the joint board” means the joint board established under article 3;

“the Port of Tees and Hartlepool” means the port of that name as appointed for the purposes of customs and excise under section 19(1) of the Customs and Excise Management Act 1979(1) (appointment of ports etc.); and

“the relevant riparian authorities” means Redcar and Cleveland Borough Council, Stockton-on-Tees Borough Council, Middlesbrough Borough Council and Hartlepool Borough Council(2).

(4) References in this Order to reference points are to be construed as references to National Grid reference points.

The port health district

2.—(1) For the purposes of section 2 of the Act (port health districts and authorities), the area described in paragraph (2) is to constitute a port health district.

(2) The area described in this paragraph consists of those parts of the Port of Tees and Hartlepool together with such land and water as is specified in sub-paragraphs (a) to (c)—

(a)that part of the Port of Tees and Hartlepool which lies upstream of a line drawn from the most northerly point of the North Gare Breakwater (reference point NZ5442 2843) and the South Gare Buzzer House (reference point NZ5580 2840), including those waters of the River Tees as far as the tide flows up stream to the Tees Barrage (reference point NZ4624 1903);

(b)any wharf, dock, jetty or similar structure on the riverside of, or projecting into, that part of the Port of Tees and Hartlepool and the River Tees described in sub-paragraph (a); and

(c)any structures and buildings on areas within the gates of any wharf, dock, jetty or similar structure within the districts of the relevant riparian authorities.

The port health authority

3.—(1) The port health authority for the port health district constituted under article 2 is a joint board consisting of 17 members.

(2) The members of the joint board must be appointed by the relevant riparian authorities from the members of their respective councils as follows—

(a)five members from Redcar and Cleveland Borough Council;

(b)five members from Stockton-on-Tees Borough Council;

(c)five members from Middlesbrough Borough Council; and

(d)two members from Hartlepool Borough Council.

(3) The joint board constituted under paragraph (1) is to be a body corporate called the River Tees Port Heath Authority.

Appointment of members to and meetings of the joint board

4.—(1) The relevant riparian authorities must appoint members to the joint board at meetings to be held in May of each year.

(2) The joint board must meet at least four times in each year.

(3) If a person appointed to the joint board is unable to attend any meeting of the joint board, another member of the council of the relevant riparian authority of which that person is a member may attend that meeting instead.

(4) Any vacancy occurring amongst members of the joint board must be filled by the relevant riparian authority in relation to whose representation the vacancy occurred at a meeting to be held as soon as possible after each such occurrence.

(5) At least 3 days before a meeting of a relevant riparian authority at which it is proposed to appoint a member of the joint board, the proper officer(3) of that authority must give notice of the meeting, and of the proposed appointment, to every member of that authority.

(6) The proper officer of a relevant riparian authority must immediately give notice in writing to the proper officer of the joint board of the name, address and occupation of any person appointed by that officer’s authority to be a member of the joint board.

(7) A person appointed to the joint board ceases to be a member of the board if that person ceases to be a member of the council of the relevant riparian authority by which they were appointed.

Retirement of members

5.—(1) All members of the joint board must retire from office and the newly appointed members come into office on the first Friday in June of each year.

(2) If, but for paragraph (1), a retiring member of a joint board is qualified to be appointed to the board, that member may be re-appointed for a further term of office.

Chair of the joint board

6.—(1) The members of the joint board must elect the chair of the joint board annually from amongst the members.

(2) The election of the chair must be the first business transaction at the annual meeting of the joint board which takes place on the first Friday in June of each year.

(3) If, in the election of the chair, there is an equality of votes, the person presiding at the annual meeting has a casting vote in addition to any other vote which that person may have.

(4) Unless the chair resigns or becomes disqualified to act as chair, the chair is to continue in office until a successor is elected as chair.

(5) During a person’s term of office as chair, that person is to continue to be a member of the joint board.

Jurisdiction

7.  The joint board as port health authority has jurisdiction over all waters and land within the port health district.

Application of provisions of Local Government Act 1972 to the joint board

8.—(1) For the purposes of section 241 of the Local Government Act 1972(4) (power to apply provisions of Act to joint boards etc.), the provisions of that Act which are listed in Schedule 1 are to apply to the joint board as port health authority.

(2) In the application of those provisions by paragraph (1), a reference in that Act—

(a)to local authorities or to any council, is to be read as a reference to the joint board;

(b)to an office held under that Act or otherwise, is to be read as a reference to the office of member of the joint board; and

(c)to functions, is to be read as functions conferred on the joint board as port health authority under this Order.

Functions assigned to the joint board

9.—(1) The functions, rights and liabilities of a local authority or a food authority under the enactments specified in Schedule 2 are assigned to the joint board as port health authority in so far as they are applicable to a port health authority and to any land, waters, premises, vessels or persons within its jurisdiction.

(2) Subject to paragraph (3), the enactments specified in Schedule 2 in respect of the functions, rights and liabilities that are assigned to the joint board under paragraph (1), are to have effect as if—

(a)any vessel lying within the jurisdiction of the joint board is a house, building or premises; and

(b)the master or other officer or person in charge of the vessel is the occupier.

(3) This article does not apply to—

(a)any vessel belonging to Her Majesty; or

(b)any vessel engaged in the service of Her Majesty, whether belonging to Her Majesty or not; or

(c)any vessel belonging to the armed forces of any country to which the provisions of the Visiting Forces Act 1952(5) apply by virtue of section 1(6) (countries to which Act applies) of that Act.

Expenses

10.  Any expenses incurred by the joint board must be defrayed out of a common fund which is to be contributed to by the relevant riparian authority specified in column 1 of the following table in the proportion specified in relation to that authority in column 2 of that table—

Table

Column 1Column 2
Redcar and Cleveland Borough Council52%
Stockton-on-Tees Borough Council31%
Middlesbrough Borough Council15%
Hartlepool Borough Council2%

Accounts and audit

11.  All accounts of the joint board must be prepared and audited in accordance with the Local Audit and Accountability Act 2014(7).

Revocation

12.  The River Tees Port Health Authority Order 1982(8) is revoked.

Signed on behalf of the Secretary of State for Health.

Ailsa Wight

Member of the Senior Civil Service

Department of Health

13th June 2016

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