2012 No. 1154
The Milford Haven Port Authority (Constitution) Harbour Revision Order 2012
Made
Laid before Parliament
Coming into force
The Milford Haven Port Authority has applied in accordance with section 14(2)(a) of the Harbours Act 19641 (“the Act”) for a harbour revision order under section 14.
The Secretary of State, as the appropriate Minister for the purposes of section 14, has by an order2 under section 42A of the Act3 delegated the functions of the appropriate Minister under section 144 to the Marine Management Organisation5.
The Marine Management Organisation, being satisfied as mentioned in section 14(2)(b) and in exercise of the powers conferred by section 14(1) and (3) makes the following Order.
Citation and commencement1
1
This Order may be cited as the Milford Haven Port Authority (Constitution) Harbour Revision Order 2012 and shall come into force on 24th May 2012.
2
The Milford Haven Port Authority Acts and Orders 1983 to 2002 and this Order may together be cited as the Milford Haven Port Authority Acts and Orders 1983 to 2012.
Interpretation2
In this Order—
“the Authority” means the Milford Haven Port Authority; and
“the 2002 Act” means the Milford Haven Port Authority Act 20026.
Constitution of the Authority3
In section 4 of the 2002 Act (constitution of Authority)—
a
in subsection (1), omit “Subject to subsection (2) below, on and after the new constitution date”;
b
for subsection (1)(c) substitute—
c
no fewer than six and no more than eight further members appointed by the Authority, of whom three members shall have been selected for appointment following consultation with Pembrokeshire County Council; and
c
in subsection (1)(d) after “two” insert “additional”; and
d
omit subsection (2).
Selection of members4
In section 5 of the 2002 Act (selection of members)—
a
in subsection (2)—
i
omit “by the Secretary of State”; and
ii
for “Secretary of State”, in the second place where those words appear, substitute “appointing body”;
b
insert after subsection (3)(h)—
i
commercial activity in the haven.
c
insert after subsection (3)—
3A
At least one of the members of the Authority must have wide experience of navigation (including the command of sea-going ships, pilotage and aids to navigation).
Transitional provisions5
1
Despite article 3, each existing member shall continue to remain in office until the expiry of the member’s existing term or until the member ceases to be a member for any other reason before then.
2
The Authority must decide which of each of the existing members’ places should be filled with a new appointment on the expiry of the member’s existing term or on the member ceasing to be a member for any other reason before then.
3
The Authority must exercise their powers under paragraph (2) with the objective of ensuring that after the relevant date, no fewer than six and no more than eight further members will have been appointed in accordance with section 4(1)(c) of the 2002 Act.
4
As respects the existing members, paragraph 3 of Schedule 2 to the 2002 Act shall apply without the amendment in paragraph 5(a) of the Schedule to this Order.
5
In this article—
“existing member” means a member of the Authority who was appointed under section 4(1)(c) of the 2002 Act and who was in office immediately before the date on which this Order came into force;
“existing term” means the term of office being served by a member of the Authority on the date on which this Order came into force; and
“the relevant date” means whichever of the following applies—
- a
the date on which the last remaining existing member is reappointed after the expiry of that member’s existing term;
- b
the date on which a different person is appointed to replace the last remaining existing member after the expiry of that member’s existing term or on the member ceasing to be a member for any other reason before then; or
- c
the date on which the last remaining existing member ceases to be a member for any reason, if that member is neither reappointed nor replaced.
- a
Minor and consequential amendments of the 2002 Act6
The Schedule has effect.
Signed by authority of the Marine Management Organisation
SCHEDULEMINOR AND CONSEQUENTIAL AMENDMENTS OF THE 2002 ACT
1
The 2002 Act is amended as follows.
2
In section 7 (term of office of members)—
a
in subsection (1)—
i
omit “by the Secretary of State”; and
ii
for “Secretary of State”, in the second and third places where those words appear, substitute “appointing body”; and
b
omit subsection (2).
3
In section 10(1) (casual vacancies) omit “subsection (1) of”.
4
In Schedule 1 (form of declaration by members) for “2002”, in the first and second places where it appears, substitute “2012”.
5
In Schedule 2 (provisions applying to the Authority)—
a
for paragraph 3 (vacation of office by members) substitute—
3
1
A person appointed by the Authority as a member of the Authority may resign his office at any time by notice in writing given to the chairman of the Authority.
2
The person appointed as chairman of the Authority may resign his office at any time by notice in writing given to the Secretary of State and the vice-chairman of the
Authority.
b
in paragraph 8 (validity of acts of Authority) before “acts and proceedings” insert “constitution,” and after “vacancy” insert “or deficiency”.
(This note is not part of the Order)