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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Blyth Harbour Revision (Constitution) Order 2004 No. 148 URL: http://www.bailii.org/uk/legis/num_reg/2004/20040148.html

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"the harbour" has the same meaning as in the Blyth Harbour Act 1986[5];

"the harbour master" means the harbour master of the Commissioners and includes his authorised deputies and assistants and any person authorised by the Commissioners to act in that capacity;

"special direction" means a direction authorised by article 16 below or by section 52 of the Harbours, Docks and Piers Clauses Act 1847[6];

"vessel" means every description of vessel, however propelled or moved, and includes hovercraft, any floating manufactured article, anything constructed or used to carry persons or goods by water, and, except for the purpose of levying rates, a seaplane on or in the water;

and the Commissioners shall secure, so far as reasonably practicable, that the Commissioners 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 8 below, the Commissioners 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 Commissioners
     4.  - (1) The first appointments under article 3(1)(a) above shall be made before 1st July 2004.

    (2) The Commissioners shall appoint the person who is, at the date when they make the first appointments referred to in paragraph (1) above, the chairman of the Commissioners to be one of the first such appointed Commissioners and he shall hold office as a Commissioner from the new constitution date until 31st December 2006; and on and after the new constitution date shall be the chairman of the Commissioners.

    (3) Of the remaining first such appointed Commissioners - 

(a) two shall hold office from the new constitution date until 3lst December 2005;

(b) not fewer than one nor more than two shall hold office from the new constitution date until 3lst December 2006;

(c) not fewer than two nor more than four shall hold office from the new constitution date until 3lst December 2007;

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

Terms of office of subsequent Commissioners
     5. A Commissioner appointed under article 3(1)(a) above (other than any first Commissioner appointed under article 4 above) shall, unless appointed to fill a casual vacancy and subject to articles 6 and 9 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.

Declaration to be made by Commissioners
     6. No person shall act as a Commissioner 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 Commissioner if he fails to make that declaration within three months of the date of his appointment.

Power to co-opt additional Commissioners
     7. The Commissioners referred to in article 3(1)(a) above may at any time co-opt not more than two persons to serve as Commissioners for such period not exceeding one year as the co-opting Commissioners may specify at the time of co-option.

Casual vacancies
     8.  - (1) A casual vacancy arising in the office of a Commissioner appointed by the Commissioners shall, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners, and any such appointment shall be made in accordance with the requirements of article 3(2) and (3) above.

    (2) A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 6 and 9 of, and paragraph 10 of Schedule 2 to, this Order, hold office during the remainder of the term for which the Commissioner whom he replaces was appointed.

Disqualification of Commissioners
     9. If the Commissioners are satisfied that a Commissioner - 

(a) has been absent from meetings of the Commissioners for six consecutive months or more without the permission of the Commissioners; 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 Commissioner; or

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

the Commissioners may declare his office as a Commissioner to be vacant and thereupon his office shall become vacant.

Indemnity insurance for Commissioners
     10. The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnity the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or of any of them; not being an act or omission which the Commissioner or Commissioners 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 Commissioners
     11. On or after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.

Publication of Commissioners' annual statement of accounts
     12. As soon as reasonably practicable after their annual statement of accounts is prepared, the Commissioners shall - 

(a) make available a copy of the statement for the period of three months at the offices of the Commissioners 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 the Northumberland County Council.

Advisory bodies
     13.  - (1) The Commissioners shall establish one or more advisory body or bodies which the Commissioners shall consult (except in a case of special urgency or where it would be seriously detrimental to the commercial interests of the Commissioners to do so) on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.

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

    (3) The advisory body or bodies established pursuant to this article shall consist of such number or numbers of persons appointed by the Commissioners as the Commissioners shall from time to time consider appropriate being persons who, in the opinion of the Commissioners, are representative of persons having an interest in the functioning of the harbour.

    (4) The Commissioners shall make arrangements for any such advisory body to meet not less than twice a year.

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

    (6) A member of such 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.

    (7) A member of such an advisory body may resign his office at any time by notice in writing given to the chairman of the Commissioners.

and every direction given under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c) above.

    (3) The Commissioners may, after consultation with the Chamber of Shipping, revoke or amend directions given under this article.

Publication of general directions
     15.  - (1) Notice of the giving of a general direction and of any amendment or revocation of a general direction shall, except in case of emergency, be published by the Commissioners as soon as practicable once in Lloyd's List or some other newspaper specialising in shipping news; and, if the notice relates to the giving or amendment of a direction, the notice shall state a place at which copies thereof may be inspected and bought, and the price thereof.

    (2) In an emergency, notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the Commissioners consider appropriate.

Special directions to vessels
     16.  - (1) In addition to the directions which he may give under section 52 of the Harbours, Docks, and Piers Clauses Act 1847 the harbour master may give a direction under this article - 

(a) requiring any vessel anywhere within the harbour to comply with a requirement made in or under a general direction;

(b) prohibiting the mooring of vessels in any particular part or parts of the harbour;

(c) regulating or requiring the movement, mooring or unmooring of a vessel; and

(d) regulating the manner in which a vessel takes in or discharges cargo, fuel, water or ship's stores otherwise than at a dock or pier.

    (2) A special direction may be given in any manner considered by the harbour master to be appropriate.

    (3) The harbour master may revoke or amend a special direction.

Master's responsibility to be unaffected
     17. The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, persons on board, its cargo or any other person or property.

Failure to comply with directions
     18. The master of a vessel who fails without reasonable excuse to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Enforcement of directions
     19.  - (1) Without prejudice to any other remedy available to the Commissioners, if a special direction is not complied with within a reasonable time the harbour master may, where practicable, put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.

    (2) If there is no one on board the vessel to comply with a special direction, the harbour master may proceed as if the direction had been given and not complied with; but he shall not do so unless, after reasonable inquiry has been made, the master cannot be found.

    (3) Expenses incurred in the exercise of the powers conferred by this article shall be recoverable by the Commissioners from the owner of the vessel as if they were a charge of the Commissioners in respect of the vessel.

     13. The Commissioners may, consistently with their duties and subject to such conditions as they think fit, delegate any of their functions (other than functions set out in subparagraphs (a) to (f) of paragraph 9B of Schedule 2 to the Harbours Act 1964[7]) to a committee of the Commissioners.

(a) in any contract or proposed contract to which the Commissioners are or would be a party or is a director of a company or body with which the contract or proposed contract is made or proposed to be made; or

(b) in any other matter with which the Commissioners are concerned,

he shall declare that interest.

    (2) If a Commissioner is present at a meeting of the Commissioners or of any committee of the Commissioners at which a contract or other matter in which he has an interest is to be considered he shall - 

(a) as soon as is practicable after the commencement of that meeting disclose his interest;

(b) not vote on any question with respect to that contract or matter; and

(c) withdraw from the meeting - 


(i) at any time if the Commissioners present by resolution require him so to do; and

(ii) while a decision on that contract or matter is being made.

    (3) This paragraph shall not apply to any interest - 

(a) which a Commissioner has in respect of the payment to the Commissioners of harbour dues;

(b) which arises in respect of the provision of harbour services or facilities affecting the trading community in general;

(c) which a Commissioner has as an employee of a public utility undertaking or as a shareholder, not being a director of a company, unless he possesses more than five per cent of the issued share capital of that company; or

(d) which the Commissioners present at the meeting by resolution declare to be too remote.

     17. The person for the time being holding office as deputy-chairman shall have and may exercise in the absence or incapacity of the chairman all the powers of the chairman.

     18. If at any meeting of the Commissioners neither the chairman nor the deputy-chairman are present the Commissioners present at the meeting shall choose one of their number to be the chairman of the meeting.

     19.  - (1) Every question at a meeting of the Commissioners or of a committee of the Commissioners shall be decided by a majority vote of the Commissioners present and voting.

    (2) If at any meeting of the Commissioners or of a committee of the Commissioners there is an equality of votes on any question the chairman of the meeting shall have a second or casting vote which he may exercise for or against the status quo.

     20. Written notice of any meeting of the Commissioners shall be served on each member of the Commissioners not less than seven clear days before the date of the meeting specifying the time, date and place of the meeting.

[2] Schedule 3 was substituted by S.I. 1999/3445, as amended by S.I. 2000/2391.back

[3] For the definition of "the Minister" (mentioned in section 14(7)) see section 57(1).back

[4] S.I. 1981/238, S.I. 1997/2971, S.I. 2001/2568 and S.I.2002/2626back

[5] 1986 c. xxi.back

[6] 1847 c. 27.back

[7] Paragraph 9B was inserted by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 9.back

  © Crown copyright 2004