2011 No. 939
The Hull and Goole Port Health Authority Order 2011
Made
Coming into force
The Secretary of State for Health makes the following Order in exercise of powers conferred by sections 2, 3 and 4 of the Public Health (Control of Disease) Act 19841 and section 241 of the Local Government Act 19722.
The Secretary of State has given the notices required by sections 2 and 4 of the Public Health (Control of Disease) Act 1984 and has not received any notice of objection.
Citation, commencement and interpretationI11
1
This Order may be cited as the Hull and Goole Port Health Authority Order 2011 and shall come into force on 24th March 2011.
2
The Order applies in relation to England.
3
In this Order—
“the Act” means the Public Health (Control of Disease) Act 1984;
“the joint board” means the joint board established under article 3;
“the Port of Humber” means the port of that name established for the purposes of the enactments for the time being in force relating to customs or excise; and
“the proper officer”, in relation to any purpose and any body, means the officer appointed for that purpose by that body.
4
The riparian authorities specified for the purposes of this Order are the Kingston upon Hull City Council, East Riding of Yorkshire Council and North Lincolnshire Council.
5
References in this Order to reference points shall be construed as references to National Grid reference points.
The port health districtI22
1
For the purposes of the Act, the part of the Port of Humber described in paragraph (2) together with the land and water described in paragraph (3) shall be a port health district.
2
The part of the Port of Humber which is described in this paragraph is the area which lies to the west of a line drawn between reference point TA 1878 1731 on the south bank of the Humber and reference point TA 2215 2023 on the north bank of the Humber.
3
The land and water described in this paragraph are such part of the district of the specified riparian authorities as is adjacent to or abuts on the waters of the part of the Port of Humber described in paragraph (2) and which comprises the whole of any wharf and of the area within the gates of any dock and the buildings upon it.
The port health authorityI33
1
The port health authority for the port health district constituted under article 2 shall be a joint board consisting of eleven members of whom six shall be appointed by the Kingston upon Hull City Council, two shall be appointed by the East Riding of Yorkshire Council and three shall be appointed by the North Lincolnshire Council.
2
The joint board constituted under paragraph (1) shall be called the Hull and Goole Port Health Authority.
Appointment of members and meetings of the joint boardI44
1
The specified riparian authorities shall appoint members to the joint board at meetings to be held in June each year.
2
The joint board shall meet not less than three times each year beginning 1st June.
3
If a person appointed to the joint board is unable to attend any meeting of the joint board another member of the Council of which that person is a member may attend that meeting instead.
4
Any vacancies occurring amongst members of the joint board shall be filled by the riparian authority in whose representation the vacancy occurred at a meeting to be held as soon as possible after such occurrence.
5
Not less than three days before a meeting of a specified riparian authority at which it is proposed to appoint 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.
6
The proper officer of a specified riparian authority shall immediately notify in writing to the proper officer of the joint board the name, address and occupation of any person appointed by that officer’s authority to be a member of the joint board.
7
A person appointed to the joint board shall cease to be a member of the board if they cease to be a member of the specified riparian authority by which they were appointed.
Retirement of membersI55
1
All members of the joint board shall retire from office 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 their re-appointment they are otherwise qualified to be appointed.
Chair of the joint boardI66
1
The chair of the joint board shall be elected annually by the members of the board from amongst the members.
2
The election of the chair shall be the first business transacted at the annual meeting of the joint board.
3
In the case of equality of votes the person presiding at the annual meeting shall give a casting vote in addition to any other vote they may have.
4
The chair shall, unless they resign or become disqualified, continue in office until their successor becomes entitled to act as chair.
5
During their term of office the chair shall continue to be a member of the joint board.
Application of provisions of the Local Government Act 1972 to the joint boardI77
1
The provisions of the Local Government Act 1972 listed in Schedule 1 shall apply to the joint board as port health authority.
2
For the purposes of paragraph (1)—
a
a reference in the Local Government Act 1972 to local authorities or to any council shall be read as a reference to the joint board;
b
a reference in that Act to an office held under that Act or otherwise shall be read as a reference to the office of member of the joint board; and
c
a reference in that Act to functions shall be read as functions conferred on the joint board as port health authority under this Order.
JurisdictionI88
The joint board shall have jurisdiction as port health authority over all waters and land within the port health district.
Functions assigned to the joint boardI99
1
There are assigned to the joint board as port health authority the functions, rights and liabilities of a local authority or a food authority under the enactments specified in Schedule 2, insofar as they are applicable to a port health authority and to any land, waters, premises, vessels or persons within its jurisdiction.
2
For the purpose of paragraph (1), the enactments mentioned in Schedule 2 shall have effect as if—
a
any vessel lying within their jurisdiction were a house, building or premises; and
b
the master or other officer or person in charge of the vessel 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.
ExpensesI1010
1
Any expenses incurred by the joint board shall be defrayed out of a common fund to be contributed to by the specified riparian authorities in the following proportions—
Kingston upon Hull City Council | 65% |
East Riding of Yorkshire Council | 12.75% |
North Lincolnshire Council | 22.25% |
2
The contributions set out in paragraph (1) may be varied with the agreement of all three specified riparian authorities.
3
Paragraph (4) applies where—
a
one or more of the specified riparian authorities seeks to vary the contributions but an agreement cannot be reached;
b
five years have elapsed since this Order was made; and
c
the contributions have not been varied for five years or more.
4
A single arbitrator agreed upon by the specified riparian authorities (or in default of agreement a person nominated by the President of the Chartered Institute of Arbitrators for the time being) may determine the contribution of each specified riparian authority.
RevocationI1111
The Hull and Goole Port Health Authority Order 1982 is revoked4.
Signed by authority of the Secretary of State for Health.
I12SCHEDULE 1Provisions of the Local Government Act 1972 applied to the joint board
Sections 79-82 | Qualifications and disqualifications |
Section 84 | Resignation |
Section 85 | Vacation of office by failure to attend meetings |
Section 88(1) and (2) | Filling casual vacancy in case of chairman |
Section 92 | Proceedings for disqualification |
Section 94-98 | Restrictions on voting |
Section 99 and Schedule 12, Parts 1 and 6I | Meetings and proceedings of local authorities |
Section 100 | Admission of the public and press |
Sections 101-106 | Discharge of functions |
Section 111 | Subsidiary powers of local authorities |
Sections 112-117 & 119 | Staff |
Sections 120-123 and 128-131 | Land transactions |
Section 132 | Provision of offices |
Section 135 | Contracts |
Section 140 | Insurance against accidents to members |
Section 143 | Subscription to associations |
Section 176 | Payment of expenses of official and courtesy visits etc |
Sections 222-223 | Legal proceedings |
Sections 224-234 | Documents and notices etc |
I13SCHEDULE 2Functions assigned to the joint board
Sch. 2 in force at 24.3.2011, see art. 1(1)
Public Health Act 1936 (c.49) | |
Section 1(1) (insofar as it relates to sections 45, 49-50, 51-52, 83, 262 and 264) | Duty to enforce the Act |
Section 45 | Buildings with defective closets |
Section 48 | Power to examine and test drains |
Section 49 | Rooms over closets |
Sections 51 and 52 | Care of closets and sanitary conveniences |
Section 81 | Byelaws for the prevention of certain nuisances |
Section 82 | Byelaws as to removal through streets of offensive matter or liquid |
Sections 83 to 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 260, 262 and 264-265 | Provisions relating to watercourses, ditches and culverts |
Section 268(4) | Byelaws relating to nuisances arising from tents, vans, sheds etc |
Part 12 | Miscellaneous provisions (including powers of entry) |
Public Health Act 1961 (c.64) | |
Section 36 | Power to require vacation of premises during fumigation |
Section 73 | Derelict petrol tanks |
Slaughterhouses Act 1974 (c.3) | |
Part 1 | Slaughterhouses and knackers’ yards |
Control of Pollution Act 1974 (c.40) | |
Part 3 | Noise |
Part 5 | Powers of entry and inspection, obtaining information and default powers |
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 work outside their area |
Section 41 | Evidence of resolution and minutes of proceedings etc |
Public Health (Control of Disease) Act 1984 (c.22) | |
Section 45M and all functions conferred under the Health Protection (Part 2A Orders) Regulations 20105 | Local authority power to apply to a justice of the peace for an order to protect human health from risk of infection or contamination |
Section 46 | Duty to arrange for a body to be buried or cremated |
Section 48 | Removal of body to mortuary or for immediate burial |
The Building Act 1984 (c.55) | |
Section 76 | Powers to deal with defective premises |
The Food Safety Act 1990 (c.15) | |
Section 6 | Enforcement of Act |
Part 2 | Food safety |
Part 3 | Administration and enforcement |
Water Industry Act 1991 (c.56) | |
Part 3 | Water supply |
The Clean Air Act 1993 (c.11) | Air pollution |
Noise and Statutory Nuisance Act 1993 (c.40) | Nuisance |
Animal By-Products Regulations 20056 | Animal by-products |
Private Water Supplies Regulations 20097 | Private water supplies |
Health Protection (Local Authority Powers) Regulations 20108 | Health protection powers |
(This note is not part of the Order)
Sch. 1 in force at 24.3.2011, see art. 1(1)