The Portland Harbour Revision Order 1997

Consultative Committee

6.—(1) The Company shall establish a committee, to be known as the Portland Harbour Consultative Committee, which they shall consult (except in a case of special urgency or where it would be seriously detrimental to the commercial interests of the Company to do so) on all matters substantially affecting the conservation, protection, regulation, management, maintenance and improvement of the harbour and its navigation.

(2) Subject to the provisions of this article, the Consultative Committee shall consist of not less than twelve members appointed by the Company, of whom—

(a) two shall be appointed on the nomination of the Council (one of whom to represent the body for the time being responsible for emergency planning);

(b) one shall be appointed on the nomination of the Nature Conservancy Council for England;

(c) one shall be appointed on the nomination of the Royal Yachting Association;

(d) one shall be appointed on the nomination of the Southern Sea Fisheries Committee;

(e) one, to represent shipping interests in the harbour, shall be appointed on the nomination of the Chamber of Shipping;

(f) one, to represent the defence interests in the harbour, shall be appointed on the nomination of the Defence Evaluation and Research Agency (but only whilst Schedule 2 to this Order remains in force);

(g) one, to represent commercial interests in the harbour, other than shipping and fishing, shall be appointed after consultation with such persons (if any) appearing to the Company to be representative of those interests as the Company consider appropriate;

(h) one, to represent local fishing interests in the harbour, shall be appointed after consultation with such persons (if any) appearing to the Company to be representative of those interests as the Company consider appropriate;

(i) one, to represent the local conservation interests in the harbour, shall be appointed after consultation with such persons (if any) appearing to the Company to be representative of those interests as the Company consider appropriate;

(j) up to four may be appointed to represent such persons interested in the harbour, other than those mentioned in the preceding sub-paragraphs of this paragraph, as the Company from time to time think fit.

(3) If it appears to the Company in the case of any of the appointments referred to in sub-paragraphs (a) to (f) of paragraph (2) above that the body by whom the nomination is to be made has refused or failed to nominate a member after being requested by the Company to do so, or if the body by whom any of the said nominations is to be made has ceased to have an identifiable existence, the appointment in question may be made by the Company after consultation with such persons (if any) appearing to the Company to be representative of the interests represented, or formerly represented, by the nominating body specified in the relevant sub-paragraph of paragraph (2) above as the Company consider appropriate.

(4) The Company shall not be obliged to appoint a person who is duly nominated in accordance with any of sub-paragraphs (a) to (f) of paragraph (2) above but may request the body or bodies who made the nomination to nominate another person.

(5) The term of office of a member of the Consultative Committee shall be three years from the date of his appointment and, on ceasing to hold office, he shall be eligible for re-appointment: Provided that a member of the Consultative Committee may at any time by notice in writing to the Company resign his office.

(6) The Consultative Committee may determine its own quorum and procedure.

(7) The Company shall appoint the Chairman of the Consultative Committee.

(8) Without prejudice to the generality of paragraph (1) above, the Company shall consult the Consultative Committee on proposals to—

(a) formulate and publish a management plan under article 5(3) of this Order;

(b) impose or vary any charges in relation to recreational use of the harbour and its use by small vessels;

(c) make byelaws;

(d) construct or license any significant works in the harbour; or

(e) carry out or license dredging.

(9) The Company shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by the Consultative Committee, whether or not it has been consulted by the Company on the matter, recommendation or representation so referred or made.