1991 No. 2913
PORT HEALTH AUTHORITIES, ENGLAND AND WALES

The Milford Port Health Authority Order 1991

Made
Coming into force
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 19841 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:—

Citation, commencement and interpretation1.

(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.

Port Health Authority2.

(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.

Appointment of Members of the Joint Board3.

(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.

Retirement of Members4.

(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.

Chairman of the Joint Board5.

(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.

Provisions of the Local Government Act 1972 applicable to the members and proceedings of the Joint Board6.

The provisions of Schedule 1 shall have effect for the purposes of the members and proceedings of the joint board.

Jurisdiction7.

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.

Functions assigned to Joint Board8.

(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 19722 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 19523 apply by virtue of section 1 of that Act.

Expenses9.

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

Audit10.

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 19824.

Revocations11.

The Milford Port Health Authority Order 19815 and the Milford Port Health Authority Amendment Order 19856 are hereby revoked.

SCHEDULE 1

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

SCHEDULE 2

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