The Yarmouth (Isle of Wight) Harbour Revision (Constitution) Order 2001

Citation and commencement

1.—(1) This Order may be cited as the Yarmouth (Isle of Wight) Harbour Revision (Constitution) Order 2001 and shall come into force on 18th June 2001.

(2) The Yarmouth (Isle of Wight) Harbour Orders 1931 to 1996 and this Order may be cited together as the Yarmouth (Isle of Wight) Harbour Orders 1931 to 2001.

Incorporation of provisions of Commissioners Clauses Act 1847

2.  Sections 15, 48, 53, 56, 58 to 60, 62 to 65, 67, 69 to 83, 85 to 88, 96, 97, 99 to 102, 104 and 109 to 111 of the Commissioners Clauses Act 1847(1) (so far as applicable to and not inconsistent with the Yarmouth (Isle of Wight) Harbour Orders 1931 to 2001), shall be incorporated with this Order.

Interpretation

3.  In this Order—

“the Commissioners” means the Yarmouth (Isle of Wight) Harbour Commissioners;

“the Councils” means the Councils referred to in article 4(2)(b) below;

“the new constitution date” means 1st July 2001.

Constitution of Commissioners

4.—(1) This article shall have effect so that the first appointments of Commissioners made after the new constitution date under paragraph (2)(a) below shall be made by the Commissioners appointed before that date and all subsequent appointments to be made by the Commissioners under that paragraph or article 9 below shall be made by the Commissioners appointed after that date.

(2) Subject to article 6 below, on and after the new constitution date, the Commissioners shall consist of—

(a) four persons appointed by the Commissioners in consultation with the advisory body or bodies established pursuant to article 15 below;

(b) four persons appointed jointly by the Isle of Wight Council, Yarmouth Town Council, Freshwater Parish Council and Totland Parish Council; and

(c) the Chief Executive of the Commissioners.

(3) Each Commissioner appointed under paragraph (2) above shall be a person who appears to those persons making the appointment to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters—

(a) in the case of a Commissioner appointed under subparagraph (a) of that paragraph—

(i) commercial management;

(ii) accountancy or financial management;

(iii) harbours and marine related leisure activities;

(iv) ferry operations;

(b) in the case of a Commissioner appointed under subparagraph (b) of that paragraph—

(i) health and safety;

(ii) local transport, community relations and interests;

(iii) coastal environment;

(iv) the laws relating to England;

and the Commissioners and the Councils respectively 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.

(4) In making an appointment under paragraph (2) above or article 9 below, the Commissioners and the Councils respectively 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

5.  The first appointments under article 4(2)(a) and (b) above shall be made on, or as soon as reasonably practicable after, 18th June 2001 and of the Commissioners so appointed—

(a) one shall be appointed by the Commissioners and shall hold office from the new constitution date until 31st May 2002;

(b) one shall be appointed by the Councils and shall hold office from the new constitution date until 31st May 2002;

(c) three shall be appointed by the Councils and shall hold office from the new constitution date until 31st May 2003;

(d) three shall be appointed by the Commissioners and shall hold office from the new constitution date until 31st May 2004;

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

Transitional co-opted Commissioners

6.  To ensure that the Commissioners have sufficient experience for the efficient exercise of their functions on and after the new constitution date, the Commissioners appointed before that date shall before that date co-opt from their number the chairman and four other Commissioners to serve, in addition to the Commissioners appointed under article 4 above, as co-opted Commissioners for a period of six months beginning on the new constitution date.

Terms of office of subsequent Commissioners

7.  A Commissioner appointed under article 4(2)(a) or (b) above (other than a Commissioner appointed under article 5 above or article 9 below) shall, subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of three years from 1st June next following his appointment.

Declaration to be made by Commissioners

8.  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.

Casual vacancies

9.—(1) A casual vacancy arising in the office of a Commissioner appointed by the Commissioners or the Councils shall, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners or the Councils (as the case may be) in accordance with article 4(3) and (4) above.

(2) A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 8 and 10 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

10.  If the Commissioners are satisfied that a Commissioner—

(a) has without the permission of the Commissioners been absent from the meetings of the Commissioners—

(i) during a period when three such meetings have been held; or

(ii) for a period of three consecutive months;

whichever of those periods is the longer; 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

11.  The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnify 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

12.  On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.

Chief Executive of Commissioners

13.  The clerk of the Commissioners shall on and after the coming into force of this Order be known as the Chief Executive of the Commissioners and references to the clerk in any local enactment or in any document applicable to the Commissioners shall be construed accordingly.

Publication of Commissioners' annual statement of accounts

14.  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 a 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 Isle of Wight Council.

Advisory bodies

15.—(1) The Commissioners shall establish one or more advisory body or bodies which the Commissioners shall consult on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.

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

(3) 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.

(4) 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.

(5) Appointments to an advisory body established under this article shall be made by the Commissioners in accordance with a scheme prepared by them for that purpose and the scheme shall provide for the appointment of persons who, in the opinion of the Commissioners, are representative of persons having an interest in the functioning of the harbour.

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

(7) An individual member of any such advisory body may, on giving notice in writing to the chairman of that body, send a substitute to any meeting of the body.

(8) 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.

(9) 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.

(10) In this article, “the harbour” has the meaning given in article 2 of the Yarmouth (Isle of Wight) Harbour Revision Order 1971(2) as extended by article 3 of the Yarmouth (Isle of Wight) Habour Revision Order 1996(3).

Repeals and revocations

16.  On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order (which include spent enactments) shall be repealed or revoked to the extent specified in the third column of that Schedule.

Signed by the authority of the Secretary of State for Transport, Local Government and the Regions

Stephen Reeves

Head of Ports Division

Department for Transport, Local Government and the Regions

14th June 2001