Statutory Instrument 2001 No. 2820

The Poole Harbour Revision Order 2001

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© Crown Copyright 2001

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"the 1847 Act" means the Commissioners' Clauses Act 1847[4];

"appointing authority" means any of the persons by whom Commissioners are, or are to be, appointed in accordance with article 4 below and includes the selection panel;

"the Chairman" means the Chairman of the Commissioners;

"the Chief Executive" means the Chief Executive of the Commissioners;

"the Commissioners" means the Poole Harbour Commissioners;

"first appointments" means the first appointments to be made after the coming into force of this Order;

"the harbour" means the area as defined in sections 3 and 4 of Poole Harbour Act 1914[5];

"the new constitution date" means 1st November 2001;

"the selection panel" means the panel constituted under article 5 below.

Incorporation of the Commissioners' Clauses Act 1847
     3.  - (1) Sections 13 to 16, 37, 41 to 50, 52, 53, 60, 99 to 101, and 103 of the 1847 Act are hereby incorporated with, and form part of, this Order.

    (2) The 1847 Act as so incorporated shall have effect as if for references to the clerk there were substituted references to the Chief Executive.

    (3) References in the 1847 Act as so incorporated to monthly meetings shall be construed as references to the meetings held in accordance with paragraph 4 of Schedule 1 to this Order.

    (4) Section 16 of the 1847 Act as so incorporated shall have effect as if the words "or who for six months in succession is absent from all meetings of the Commissioners" were omitted.

    (5) Section 60 of the 1847 Act as so incorporated shall apply to officers and employees of the Commissioners as it applies to individual Commissioners.

    (6) So much of the Poole Harbour Acts and Orders 1756 to 1999 as incorporates any provision of the 1847 Act other than those referred to in paragraph (1) above shall cease to have effect.

Selection panel
     5.  - (1) The Chairman shall appoint two persons, not being Commissioners, to act with him as the selection panel whenever any appointment is to be made by the panel under this Order.

    (2) The selection panel shall make - 

(a) the appointments to be made under article 4(2)(c) above; and

(b) the appointments to be made under article 4(2)(a) or (b) above if the Transport and General Workers Union or the local authorities mentioned in article 4(2)(b) (as the case may be) fail to make any such appointment,

having regard to the advice of the Chief Executive.

    (3) For the purposes of paragraph (2) (b) above an appointing authority shall be deemed to have failed to make an appointment if the appointment has not been made by the date referred to in or determined under article 7(1) below.

    (4) The selection panel shall consult the Commissioners for the time being before making any appointment.

Selection of Commissioners
     6.  - (1) Each appointing authority shall make the appointments provided for by article 4 above on merit, in accordance with a published recruitment policy and having had regard to equal opportunities.

    (2) A person shall not be appointed as a Commissioner if he would reach the age of seventy years in his first term of office.

    (3) Each Commissioner shall be a person who appears to the body appointing him to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions.

    (4) Without prejudice to the generality of paragraph (3) above, the objective of the appointing authorities shall be to ensure, so far as reasonably practicable, that the Commissioners include persons having special knowledge, experience or ability in the following matters - 

(a) management of harbours;

(b) shipping;

(c) industrial, commercial or financial matters;

(d) water related leisure activities;

(e) administration;

(f) local governance; and

(g) environmental matters.

    (5) Before appointing a Commissioner each appointing authority shall consult with the other appointing authorities with a view to achieving, so far as reasonably practicable, the objective mentioned in paragraph (4) above.

Appointment of Commissioners and terms of office
     7.  - (1) Each appointing authority shall make the appointments provided for by this Order - 

(a) in the case of first appointments, not later than 4th October 2001; and

(b) in the case of subsequent appointments which fall to be made in any year, by not later than 1st October in that year;

(c) in the case of casual vacancies, within 56 days of the vacancy occurring;

(d) in the case of appointments to be made by the selection panel in the event of any other appointing authority failing to make an appointment, within 28 days of the date by which the other authority should have made the appointment.

    (2) The Chief Executive shall hold office as a Commissioner so long as he remains Chief Executive.

    (3) The officer appointed under article 4(1)(b) above shall hold office as a Commissioner for a term of three years unless he shall previously cease to hold the office held by him at the time of his appointment, and he shall be eligible for reappointment for as long as he continues to be an officer of the Commissioners.

    (4) Subject to article 8 of, and paragraphs 7 and 8 of Schedule 2 to this Order, each of the Commissioners appointed under article 4(1)(c) shall hold office for a term of three years commencing on 1st November in the year in which he is appointed.

    (5) Subject to paragraph (6) below, upon ceasing to hold office, each Commissioner appointed under article 4(2) above shall be eligible for reappointment unless - 

(a) he has already held office for three terms;

(b) he has already held office for two terms and there are no exceptional reasons for his reappointment; or

(c) he has reached the age of seventy years, or would do so within his next term of office.

    (6) A Commissioner who:

(a) has already held office for three terms;

(b) has been Chairman for no more than two terms; and

(c) was Chairman immediately before the end of his third term,

shall be eligible for reappointment as a Commissioner for a fourth term, but shall cease to hold office as a Commissioner during his fourth term if he is not elected Chairman or ceases to hold office as Chairman.

    (7) The appointments made under article 4(1)(b) and (c) above shall be notified in writing to the Chief Executive.

Transitional provisions
     8.  - (1) Notwithstanding any provision of the Poole Harbour Acts and Orders 1756 to 2001, and subject to paragraphs 7 to 9 of Schedule 2 to this Order - 

(a) the Chairman who holds office at the date of the coming into force of this Order ("the existing Chairman") shall continue as Chairman until 31st October 2002; and

(b) every other Commissioner appointed or elected under article 3(2) of the Poole Harbour Order 1981 who holds office at the date of the coming into force of this Order shall continue in office until the new constitution date,

    (2) The first Commissioner appointed under article 4(2)(a) above shall hold office until 31st October 2004.

    (3) The first Commissioners appointed under article 4(2)(b) above shall hold office until 31st October 2005.

    (4) Of the first appointments to be made under article 4(2)(c) above - 

(a) three shall be re-appointments, for a term expiring on 31st October 2003, of Commissioners (none of them being the Chairman) holding office immediately before the new constitution date; and

(b) two shall be new appointments for a term expiring on 31st October 2004.

    (5) For so long as the existing Chairman continues in office in accordance with paragraph (1)(a) above, the number of appointments to be made under article 4(2)(c) above shall be reduced from six to five.

    (6) As soon as may be after 31st October 2002 or (if earlier) the date upon which the existing Chairman ceases to hold office as a Commissioner, the selection panel shall appoint a Commissioner who, subject to paragraphs 7 and 8 of Schedule 2 to this Order, shall hold office for so long as the other Commissioners first appointed under article 4(2)(c) and paragraph (4)(b) above are to remain in office.

    (7) If the existing Chairman ceases to hold office as Chairman before 31st October 2002 the Commissioners shall elect one of their number to hold office as Chairman until that date.

Additional Commissioners
     9. Notwithstanding article 4 above the Commissioners if they see fit may at any time appoint up to two additional Commissioners at any time for a fixed term of up to twelve months.

Casual vacancies
     10.  - (1) If a casual vacancy occurs in the office of a Commissioner, the appointing authority shall appoint another person to fill the vacancy.

    (2) A person appointed to fill a casual vacancy shall, subject to article 8 of, and paragraphs 7 and 8 of Schedule 2 to, this Order, hold office during the remainder of the term for which the person in whose place he has been appointed was appointed.

    (3) This article does not apply to additional Commissioners appointed under article 9 above.

Declaration to be made by Commissioners
     11. 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.

Provisions applying to Commissioners
     12. The provisions set out in Schedule 2 to this Order shall have effect with respect to the Commissioners.

(a) in any contract or proposed contract to which the Commissioners are 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 Commissioners are concerned,

he shall declare that interest.

    (2) If a Commissioner is present at a meeting of the Commissioners or of any committee of the Commissioners at which a contract or other matter in which he has an interest is to be considered he shall - 

(a) so soon as is practicable after the commencement of that meeting disclose his 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 Commissioners present by resolution require him so to do; and,

(ii) while a decision on that contract or matter is being made.

    (3) This paragraph shall not apply to any interest - 

(a) which a Commissioner has in respect of the payment to the Commissioners of harbour dues;

(b) which arises in respect of the provision of harbour services or facilities affecting the public in general;

(c) which a Commissioner has as an employee of a public utility undertaking or as a shareholder, not being a director of a company, unless he possesses more than five per cent of the issued share capital of that company; or

(d) which the Commissioners present at the meeting by resolution declare to be too remote.

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

Resignation of Commissioners
     7. A Commissioner may at any time while he is in office resign his office by notice in writing to the Chief Executive and also to the appointing authority by whom he was appointed.

Disqualification of Commissioners
     8.  - (1) This paragraph applies where a Commissioner - 

(a) has been absent from meetings of the Commissioners for three consecutive months or more without the permission of the Commissioners;

(b) has become bankrupt or has made an arrangement with his creditors;

(c) is incapacitated by physical or mental illness from discharging the functions of a Commissioner;

(d) has knowingly failed in a material respect to act in his capacity as a Commissioner 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) appears to a majority of the Commissioners to be unable, unfit or unwilling adequately to discharge his functions as a Commissioner.

    (2) If the Commissioners are satisfied that this paragraph applies to any of their number, and that the Commissioner should be disqualified from office in consequence, the Commissioners may by resolution declare his office as a Commissioner to be vacant, and thereupon the office shall become vacant.

    (3) For the purposes of sub-paragraph (1)(a) of this paragraph the attendance of a Commissioner at a meeting of any committee of the Commissioners of which he is a member shall be treated as attendance at a meeting of the Commissioners.

Removal of Chairman
     9.  - (1) The Commissioners may by resolution remove the Chairman from his position as such.

    (2) A resolution under this paragraph shall not have the effect of removing the Chairman from his office as a Commissioner; but this sub-paragraph is without prejudice to any resolution under paragraph 8 of this Schedule declaring his office as a Commissioner to be vacant.

    (3) Following the removal of the Chairman under this paragraph the Commissioners shall elect a new Chairman in accordance with section 37 of the 1847 Act.

Provisions as to resolutions
     10. A resolution under paragraph 8 of this Schedule proposing the removal of a Commissioner and a resolution under paragraph 9 of this Schedule proposing the removal of the Chairman - 

(a) shall be extraordinary business for the purpose of section 43 of the 1847 Act; and

(b) shall not be effective unless passed by a majority of the whole number of the Commissioners.

Appointment of officers
     11.  - (1) The Commissioners shall appoint a Chief Executive, a harbour master and such other officers and employees as they may think necessary or expedient on such terms and conditions as they think fit.

    (2) The Commissioners may authorise any other officer to discharge any function of the Chief Executive, other than his functions as a Commissioner.

Payments to Commissioners
     12. The Commissioners may pay to their Chairman or any other of their number such reasonable remuneration, allowance and expenses as they may determine.

[2] For the definition of "the Minister" (mentioned in section 14(7)) see section 57(1).back

[3] S.I. 1981/238 and S.I. 1997/2971.back

[4] 1847 c. 16.back

[5] 1914 c. clv.back

[6] 1925 c. lix.back

[7] Paragraph 9B was inserted by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 9.back