Statutory Instrument 1991 No. 2913

The Milford Port Health Authority Order 1991

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© Crown Copyright 1991

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1991 No. 2913

PORT HEALTH AUTHORITIES, ENGLAND AND WALES

The Milford Port Health Authority Order 1991

The Secretary of State for Wales, in exercise of powers conferred by sections 2, 3 and 4 of the Public Health (Control of Disease) Act 1984^[1] and of all other powers enabling him in that behalf, having given the notices required by the aforesaid sections 2 and 4 of this proposal to make this Order and not having received any notice of objection thereto, hereby makes the following Order:—

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Milford Port Health Authority Order 1991 and shall come into force on 10th January 1992.

    (2)  In this Order, unless the context otherwise requires—
"the Act" means the Public Health (Control of Disease) Act 1984;
"the Port of Milford" means the port of that name established for the purposes of the enactments relating to Customs and Excise;
"the joint board" means the joint board established by virtue of article 2; and other expressions have the same meanings as in the Act.


    (3)  The riparian authorities specified for the purposes of this Order are Preseli Pembrokeshire District Council and South Pembrokeshire District Council.

    (4)  In this Order, unless the context otherwise requires, any reference to an article or to a Schedule shall be construed as a reference to an article in this Order, or to a Schedule hereto.

Port Health Authority
    2.—(1)  For the purposes of the Act, that part of the Port of Milford which lies within—
 (a) an imaginary line commencing at the western extremity of Studdock Point and drawn in a south-easterly direction to the point of intersection of latitude 51° 36' 15"N with longitude 05° 03' 00"W, thence in a westerly direction to the point of intersection of latitude 51° 36' 15"N with longitude 05° 16' 00"W, thence in a northerly direction to the point of intersection of latitude 51° 40' 48"N with longitude 05° 16' 00"W and thence in an easterly direction to the south-western extremity of St. Anne's Head; and
 (b) the mean high water line along the coast between the points described in (a) above together with—
 (i) as far as the tide flows all rivers, canals, creeks, streams, channels, watercourses; and
 (ii) docks and harbours and marinas and all land comprising any wharf or dock and the buildings or part of any building thereon used in connection with maritime trade or business health authority for that district.

    (2)  The joint board shall be called the Milford Port Health Authority and shall consist of 16 members of whom 8 shall each be appointed by the Preseli Pembrokeshire District Council and the South Pembrokeshire District Council from the members of their respective Councils.

Appointment of Members of the Joint Board
    3.—(1)  The specified riparian authorities shall apppoint members to the joint board at meetings to be held in May each year.

    (2)  Any vacancy occurring amongst members of the joint board shall be filled by the specified riparian authority in whose representation the vacancy occurred at a meeting to be held as soon as reasonably possible after such occurrence.

    (3)  Not less than three days before a meeting of a specified riparian authority at which it is proposed to elect 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.

    (4)  The proper officer of a specified riparian authority shall forthwith notify in writing to the proper officer of the joint board the name, address and occupation of any person appointed by his authority to be a member of the joint board.

    (5)  A person appointed to the joint board shall cease to be a member of the joint board if he ceases to be a member of the Council of the specified riparian authority by which he was appointed.

Retirement of Members
    4.—(1)  All members of the joint board shall retire from office on 31st May each year, 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 his re-appointment he is otherwise qualified to be appointed.

Chairman of the Joint Board
    5.—(1)  The chairman of the joint board shall be elected annually by the members of the board from amongst the members.

    (2)  The election of the chairman shall be the first business transacted at the annual meeting of the joint board.

    (3)  In the case of equality of votes the chairman shall be elected by the drawing of lots.

    (4)  The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

    (5)  During his term of office the chairman shall continue to be a member of the joint board.

Provisions of the Local Government Act 1972 applicable to the members and proceedings of the Joint Board
    6.    The provisions of Schedule 1 shall have effect for the purposes of the members and proceedings of the joint board.

Jurisdiction
    7.    The joint board shall have jursidiction as port health authority over all waters and land within the port health district including the area within the gates of any dock and the buildings thereon respectively.

Functions assigned to Joint Board
    8.—(1)  There are hereby assigned to the joint board as port health authority, the functions, rights and liabilities of a local authority under the enactments specified in Schedules 1 and 2 so far as they are applicable to a port health authority and to any lands, waters, premises, houseboats, vessels or persons within their jurisdiction, provided that in the application of the provisions of the Local Government Act 1972^[2] as set out in Schedule 1—
 (a) the provisions of section 97 of that Act shall be exercisable only by the Secretary of State; and
 (b) the provisions of Parts I and VI of Schedule 12 to that Act shall apply as if the joint board were a district council.

    (2)  For the purposes of the functions, rights and liabilities assigned to the joint board by virtue of this Order, the enactments specified in Schedule 2 shall have effect as if—
 (a) any vessel or houseboat lying within their jurisdiction were a house, building, premises, tent, van or shed; and
 (b) the master or other officer or person in charge of the vessel or houseboat 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 1952^[3] apply by virtue of section 1 of that Act.

Expenses
    9.    The riparian authorities shall contribute towards any expenses incurred or to be incurred by the joint board by virtue of the authority conferred upon the board by this Order in the following proportions, namely—

Preseli Pembrokeshire District Council	50 per cent
Preseli Pembrokeshire District Council	50 per centSouth Pembrokeshire District Council

Audit
    10.    All accounts of the joint board or of any committee of the board shall be audited in accordance with the provisions of Part III of the Local Government Finance Act 1982^[4].

Revocations
    11.    The Milford Port Health Authority Order 1981^[5] and the Milford Port Health Authority Amendment Order 1985^[6] are hereby revoked.

[1] 1984 c. 22. back

[2] 1972 c. 70. back

[3] 1952 c. 67. back

[4] 1982 c. 32. back

[5] S.I. 1981/679. back

[6] S.I. 1985/707. back

Explanatory Note