Statutory Instruments
2015 No. 1395
Harbours, Docks, Piers And Ferries
The Great Yarmouth Port Authority (Constitution) Harbour Revision Order 2015
Made 12th June 2015
Laid before Parliament 19th June 2015
Coming into force in accordance with Article 1

The Great Yarmouth Port Authority has applied under section 14(2)(a) of the Harbours Act 1964 (“the Act”) for a harbour revision order under section 14.
1964 c.40; section 14 was amended by the Transport Act 1981 (c.56), section 18 and Schedule 6, paragraphs 2 to 4(1) and 14 and section 40 and Schedule 12 (Part II), by the Transport and Works Act 1992 (c.42), section 63(1) and Schedule 3, paragraph 1, by S.I. 2006/1177, regulation 2 and the Schedule (Part I), by the Planning Act 2008 (c.29), section 36 and Schedule 2, paragraphs 8 and 9, by S.I. 2009/1941, article 2(1) and Schedule 1, paragraph 12 and by the Criminal Justice Act 1982 (c.48), sections 37 and 46. Section 54 (orders and regulations) was amended by the Transport Act 1981 (c.56), sections 18 and 40 and Schedules 6 and 12 (Part II) and by the Marine and Coastal Access Act 2009 (c.23), section 315 and Schedule 21, paragraphs 1 and 3(2).
The Secretary of State, as the appropriate Minister for the purposes of section 14, has by an order under section 42A of the Act delegated the functions of the appropriate Minister under section 14 to the Marine Management Organisation.
S.I. 2010/674.
Section 42A was inserted, in relation to England and Wales, by the Marine and Coastal Access Act 2009 (c.23), section 315 and Schedule 21, paragraphs 1 and 3(1).
For the definition of “the Minister” (mentioned in section 14(7)), see section 57(1).
The Marine Management Organisation was established by the Marine and Coastal Access Act 2009 (c.23), section 1.
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 commencement
1. (1) This Order may be cited as the Great Yarmouth Port Authority (Constitution) Harbour Revision Order 2015 and, subject to paragraph (3), shall come into force on 10th July 2015.
(2) The Great Yarmouth Port Authority Acts and Orders 1866 to 2005 and this Order may be cited as the Great Yarmouth Port Authority Acts and Orders 1866 to 2015.
(3) Articles 3, 4, 6, 7, 10, 11 and 12 shall come into force on the new constitution date.

Interpretation
2. In this Order—
“the Board” means the board of the Port Authority;
“the Chairperson” means the chairperson of the Board;
“the Clerk” means the clerk of the Port Authority;
“the harbour master” means the person appointed as such for the time being by the Port Authority;
“Member” means a member of the Board;
“the new constitution date” means the first day of the fourth month after the expiry of the month current when this Order comes into force;
“the Port Authority” means the Great Yarmouth Port Authority;
“the port” means the port of Great Yarmouth, being the area within which the Port Authority exercises jurisdiction as harbour authority;
“the selection panel” means the panel constituted under article 5; and
“the Vice-Chairperson” means the vice-chairperson of the Board.

Incorporation of the Commissioners Clauses Act 1847
3. (1) Sections 2 to 4, 41, 43, 45, 47, 53, 56, 58 to 64 and 99 to 101 of the Commissioners Clauses Act 1847 are incorporated with, and form part of, this Order as varied by paragraph (2) and except in so far as they are inconsistent with this Order.
1847 c.16.
(2) The provisions so incorporated have effect as follows—
(a) references to Commissioners are to be construed as references to Members, or to the Port Authority, as the case may require;
(b) references to monthly meetings are to be construed as references to the meetings held in accordance with paragraph 4(2) of Schedule 2; and
(c) sections 60, 62 and 63 apply to officers and employees of the Port Authority as they apply to Members.

Constitution and membership of the Board
4. Subject to article 6 and the transitional provisions in article 8 and Schedule 3, and to any casual vacancies, the Members of the Board are as follows—
(a) five Members appointed by the selection panel;
(b) the harbour master; and
(c) the Clerk.

Selection panel
5. (1) The selection panel consists of the Chairperson and two persons (who must not be Members or officers of the Port Authority) appointed by the Board.
(2) The Board must take steps to secure that the persons appointed to the selection panel have appropriate experience including (but not limited to) current knowledge and experience of the port and in particular experience in the commercial, maritime, fishing, cargo handling, environmental or other interests in the port.
(3) The Clerk must provide the selection panel with such administrative assistance and advice as it may require in connection with the discharge of its functions.
(4) Before making an appointment the selection panel must consult the Board.
(5) Before the new constitution date references in this article to the Board are references to the Port Authority, the reference to the Chairperson is a reference to the chairman of the members of the Port Authority, the reference to the Clerk is a reference to the Chief Executive of the Port Authority and the reference to Members is a reference to members of the Port Authority.
(6) The selection panel established before the new constitution date continues in effect on and after that date subject to replacement, as occasion may require, of individual members of the panel in accordance with paragraphs (1) to (4).

Member’s declaration
6. No person may act as a Member until that person has made the declaration set out in Schedule 1, and a person (other than the harbour master or the Clerk) who fails to make that declaration-
(a) within three months of the new constitution date, in the case of the Chairperson and Member holding office under paragraph 1(1)(a) and (b) of Schedule 3 and the three Members appointed under paragraph 2 of that schedule; and
(b) within three months of appointment, in any other case,
ceases to be a Member.

Procedural provisions applying to the Board and the Port Authority
7. Schedule 2 has effect.

Transitional provisions
8. Schedule 3 has effect.

Selection of Members
9. (1) Each Member appointed by the selection panel must be a person who appears to the selection panel to have skills, competencies, knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Port Authority of its functions including (but not limited to) knowledge and qualifications, experience or ability in one or more of the following matters—
(a) management of ports or pilotage;
(b) shipping and marine transport;
(c) legal, financial or property matters;
(d) marine safety and environmental matters;
(e) management of water related leisure activities;
(f) any other skills and abilities the selection panel considers to be relevant to the functions of the Board;
and the selection panel must secure, so far as reasonably practicable, that the Members so appointed, have between them special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by the Board of its functions.
(2) In making an appointment, the selection panel must 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 of Members and terms of office
10. (1) The selection panel must make the appointment of every Member who is to hold office under article 4(a) not later than two months before the date on which the Member is to take office.
(2) The harbour master holds office as a Member so long as the harbour master remains in office as harbour master.
(3) The Clerk holds office as a Member so long as the Clerk remains in office as Clerk.
(4) Subject to article 8 and Schedule 3, each Member appointed under article 4(a) (unless such Member dies, resigns, ceases to be a member in accordance with article 6, or is disqualified) holds office for a term of three years from 1st March following the date on which that Member is appointed.
(5) Each Member appointed under article 4(a) is eligible for reappointment unless such Member has held office for three consecutive terms.

Casual vacancies
11. (1) A casual vacancy arising in the office of a Member must, unless it is not reasonably practicable to do so, be filled by the appointment of a Member by the selection panel in accordance with article 9.
(2) A Member appointed to fill a casual vacancy under this article (unless such Member dies, resigns, ceases to be a member in accordance with article 6, or is disqualified) holds office during the remainder of the term for which the Member replaced was appointed.
(3) This article does not apply to the harbour master or Clerk.

Revocations and repeals
12. (1) The Great Yarmouth Port and Haven (Constitution) Revision Order 1984 is revoked.
S.I. 1984/1067.
(2) Articles 4 (Reconstitution of the Port Authority), 6 (Appointment of Members and tenure of office) and 8 (Amendment of the 1984 Order) of the Great Yarmouth Port Authority Harbour Revision Order 1989 are revoked.
S.I. 1989/1737.
(3) Sections 35(2) and 36(2) of the Great Yarmouth Port and Haven Act 1911 are repealed.
1911 c.xcix
Signed by authority of the Marine Management Organisation
J.F. Tuckett
Chief Executive Officer
An authorised employee of the Marine Management Organisation
12th June 2015

SCHEDULE 1 FORM OF DECLARATION BY A MEMBER
Article 6

SCHEDULE 2 PROCEDURAL PROVISIONS APPLYING TO THE BOARD AND THE PORT AUTHORITY
Article 7

Chairperson and Vice-Chairperson
1. (1) At the annual meeting the Members present at the meeting must, before proceeding to any other business, choose two of their number to act respectively as Chairperson and Vice-Chairperson.
(2) A Member appointed as Chairperson or Vice-Chairperson, unless that person resigns as Chairperson or Vice-Chairperson, or ceases to be a Member, holds office as Chairperson or Vice-Chairperson from and including the meeting at which that person is chosen until the next appointment of a Chairperson or Vice-Chairperson.
(3) On a casual vacancy occurring in the office of Chairperson or of Vice-Chairperson, the vacancy must be filled from among those of the Members appointed under article 4(a) at a meeting held as soon as practicable after the vacancy occurs.
(4) A Member appointed above to fill a casual vacancy in the office of Chairperson or Vice-Chairperson, unless that Member resigns that office or ceases to be a Member, holds that office until the next appointment of a Chairperson or Vice-Chairperson.
(5) The Vice-Chairperson, in the absence of, or during a casual vacancy in the office of, the Chairperson, has and may exercise all the functions of the Chairperson.
(6) If at any meeting of the Board neither the Chairperson nor the Vice-Chairperson is present the Members present must choose one of their number to be the chairperson of the meeting.
(7) The Clerk and the harbour master may not serve as the Chairperson or the Vice-Chairperson, except in accordance with sub-paragraph (6).

Vacancies and irregularities not to invalidate acts of the Board
2. The acts and proceedings of the Board, or of any committee of the Board, are not invalidated by any vacancy or by any defect in the appointment, or the qualification for appointment, of any person as a Member, or as Chairperson or Vice-Chairperson, of the Board or committee.

Committees
3. The Board may, consistently with their duties and subject to such conditions as they think fit, delegate any of their functions (other than the functions set out in sub-paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the Harbours Act 1964) to a committee of the Board.
Paragraph 9B was inserted by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 9.

Meetings and procedure
4. (1) The Board must hold an annual meeting in every year.
(2) The Board must hold ordinary meetings four times in every year, and may hold such other meetings as may be required.
(3) The quorum required for a meeting of the Board is five.
(4) If at any meeting of the Board or of a committee of the Board there is an equality of votes on any question the chairperson of the meeting has a second or casting vote which such chairperson of the meeting may exercise for or against the status quo.
(5) Subject to the provisions of this Order the procedure and business of the Board and of any committee of the Board is regulated in such manner as the Port Authority may from time to time determine.

Declaration of interests
5. (1) If a Member has any interest, direct or indirect—
(a) in any contract or proposed contract to which the Port Authority is 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 Port Authority is concerned,
such Member must declare that interest.
(2) If a Member is present at a meeting of the Board or of any committee of the Board at which a contract or other matter in which such Member has an interest is to be considered that Member must—
(a) so soon as is practicable after the commencement of that meeting disclose the 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 Board present by resolution requires such Member so to do; and
(ii) while a decision on that contract or matter is being made.
(3) This paragraph does not apply to any interest which—
(a) a Member has in respect of the payment to the Port Authority of dues;
(b) arises in respect of the provision of port services or facilities affecting the trading community in general;
(c) a Member has as an employee of a public utility undertaking or as a shareholder, not being a director of a company, unless such Member possesses more than five per cent of the issued share capital of that company; or
(d) the Members present at the meeting by resolution declare to be too remote.

Register of interests
6. The Port Authority must maintain and regularly update a register of interests declared by Members, and must make the register available for inspection by members of the public at all times during usual office hours.

Resignation of Members
7. A Member (other than the harbour master or the Clerk) may resign at any time by notice in writing given to the Clerk.

Disqualification of Members
8. (1) If the Board is satisfied that a Member (other than the harbour master or the Clerk) including the Chairperson or Vice-Chairperson—
(a) has been absent from meetings of the Board for eight consecutive months or more without the permission of the Board;
(b) has become bankrupt or has made an arrangement with that Member’s creditors;
(c) is incapacitated by physical or mental illness from discharging the functions of a Member;
(d) has knowingly failed in a material respect to act in that Member’s capacity as a Member independently of any particular interest;
(e) has been convicted of a criminal offence;
(f) has failed to declare a conflict of interest or otherwise acted improperly; or
(g) persistently acts in a manner calculated seriously to impede or prejudice the carrying on of the business of the Port Authority; or
(h) appears to a majority of the Board to be unable, unfit or unwilling adequately to discharge that Member’s functions as a Member;
the Board may by resolution declare that Member’s office as a Member to be vacant, and the office becomes vacant.
(2) For the purposes of sub-paragraph (1)(a) above the attendance of a Member at a meeting of any committee of the Board of which that Member is a Member is to be treated as attendance at a meeting of the Board.
(3) A resolution under sub-paragraph (1)—
(a) is extraordinary business for the purpose of section 43 of the Commissioners Clauses Act 1847; and
(b) is not effective unless passed by a majority of the whole number of the Members.

Appointment of the Clerk and other officers and employees
9. (1) The Port Authority must appoint a Clerk and may appoint such other officers and employees as from time to time it thinks necessary or desirable for and incidental to the performance of its functions and pay to them such remuneration as the Board think fit.
(2) The Board may authorise any other officer to discharge any function of the Clerk, other than the Clerk’s functions as a Member.

Payments to Members
10. The Port Authority may pay to the Chairperson, Vice-Chairperson and other Members appointed by the selection panel such salary, allowance and expenses as the Board may from time to time determine.

SCHEDULE 3 TRANSITIONAL PROVISIONS
Article 8

Composition of the Board on and after the new constitution date
1. (1) On and after the new constitution date the Board, subject to any casual vacancies, consists of the following Members—
(a) the Chairperson who held office as chairman of the members of the Port Authority immediately before the new constitution date;
(b) one Member (not being that chairman) who held office as a member of the Port Authority immediately before the new constitution date and who has been elected by the members of the Port Authority before that date;
(c) three persons appointed by the selection panel in accordance with paragraph 2;
(d) the harbour master; and
(e) the Clerk.
(2) The Member holding office under sub-paragraph (1)(a) is the Chairperson (unless that person resigns as Chairperson, or ceases to be a Member) until the first annual meeting of the Board following the new constitution date.
(3) The Member holding office under sub-paragraph (1)(b) is Vice-Chairperson (unless that person resigns as Vice-Chairperson, or ceases to be a Member) until the first annual meeting of the Board following the new constitution date.

Appointment of certain Members
2. The selection panel must—
(a) meet as soon as practicable after the date on which this Order comes into force; and
(b) appoint three persons to serve as Members in accordance with paragraph 1(1)(c) no later than two months before the new constitution date.

Terms of office of Members appointed under paragraph 1
3. (1) The Members specified in paragraphs 1(1)(a) to (c) hold office as Members (unless such a first Member dies, resigns, ceases to be a Member in accordance with article 6, or is disqualified) as follows—
(a) in the case of a Member holding office in accordance with paragraphs 1(1)(a) or 1(1)(b), until the second anniversary of the relevant date;
(b) in the case of a Member holding office in accordance with paragraph 1(1)(c), until the third anniversary of the relevant date.
(2) Each Member holding office as a Member under paragraph 1(1)(a) to (c) is eligible for subsequent appointment as a Member unless such Member has held office as a Member for three consecutive terms.
(3) In this paragraph, “the relevant date” means 1st March in the year after the year current at the new constitution date.

EXPLANATORY NOTE
(This note is not part of the Order)
This Order reconstitutes the Great Yarmouth Port Authority.
It provides in article 4 for a Board of the Port Authority to consist of seven Members-
(a) five Members appointed by a selection panel (article 5);
(b) the harbour master (defined in article 2); and
(c) the Clerk of the Port Authority.
The harbour master and the Clerk hold such office so long as they remain in office as harbour master and Clerk respectively (article 10).
This is subject to transitional provision in article 8 and Schedule 3.
Provision is made for-
(a) a declaration to be made by a Member before acting as a Member (article 6 and Schedule 1); and
(b) the procedure of the Board and the Port Authority (article 7 and Schedule 2).
Articles 9 and 10 specify the requirements for appointment as a Member by the selection panel and the procedure for appointment and terms of office of Members.
Article 11 provides the procedure for the filling of casual vacancies of Members.
Provision is made for the revocation and repeal on the new constitution date (defined in article 2) of existing statutory provisions concerning the constitution and procedure of the Port Authority (article 12).
A full regulatory impact assessment has not been provided for this instrument as there is no impact on business or charities or the voluntary sector.