Statutory Instrument 2002 No. 2476

The Brightlingsea Harbour Revision (Constitution) Order 2002

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© Crown Copyright 2002

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"the harbour" means the harbour of Brightlingsea within the limits prescribed by section 13 of the Brightlingsea Harbour Order 1927[4]; and

"the new constitution date" means 1st October 2002.

Constitution of Commissioners
     3.  - (1) On and after the new constitution date the Commissioners shall consist of: - 

(a) six persons appointed by the Commissioners;

(b) the chief executive for the time being of the Commissioners; and

(c) the Harbour Master for the time being of the Commissioners.

    (2) Each appointed Commissioner shall be a person who appears to the Commissioners 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) water related leisure activities;

(b) shipping or other forms of transport;

(c) financial management;

(d) the laws relating to England;

(e) safety or personnel management;

(f) commercial marketing or information technology;

(g) environmental issues affecting harbours;

(h) any other skills and abilities considered from time to time by the Commissioners to be relevant to the discharge by them of their functions;

and the Commissioners 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.

    (3) In making an appointment under paragraph (1)(a) above or article 7(1) below, the Commissioners 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.

    (4) Appointments to the Commissioners shall be made on merit in accordance with a published recruitment policy.

Appointment and periods of office of first Commissioners
     4.  - (1) The first appointments under article 3(1)(a) of this Order shall be made before and so as to take effect on the new constitution date.

    (2) The Commissioners shall appoint the person who is, at the date when they make the first appointments referred to in paragraph (1) above, the chairman of the Commissioners to be one of the first of such appointed Commissioners and he shall hold office as a Commissioner from the new constitution date until 30th September 2004; and on and after the new constitution date shall be the chairman of the Commissioners.

    (3) Of the remaining first such appointed Commissioners - 

(a) two shall hold office from the new constitution date until 30th September 2004;

(b) three shall hold office from the new constitution date until 30th September 2006;

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

Periods of office of subsequent Commissioners
     5. An appointed Commissioner (other than the first Commissioners appointed under article 3(1)(a) above) shall, unless appointed to fill a casual vacancy and subject to articles 6 and 8 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of four years from the 1st October next following his appointment.

Declaration to be made by Commissioners
     6. No person shall act as a Commissioner until he has made a declaration in the form 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
     7.  - (1) A casual vacancy arising in the office of an appointed Commissioner shall, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners and any such appointment shall be made in accordance with the requirements of article 3(2) and (3) above.

    (2) A Commissioner appointed to fill a casual vacancy under this article shall hold office (unless he previously dies or otherwise ceases to be a Commissioner) during the remainder of the term for which the Commissioner whom he replaces was appointed.

Disqualification of Commissioners
     8. 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) for a period during which three such meetings have been held; or

(ii) for a period of three consecutive months,



whichever of these 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) has acted in a manner which has seriously impeded or prejudiced the carrying on of the business of the Commissioners; or

(e) has failed to comply with the standards required for the governance of the harbour by the Commissioners;

(f) has acted in a manner which may bring the Commissioners into disrepute or which is otherwise inappropriate having regard to the functions of the Commissioners;

(g) 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
     9. 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 an act or omission of the Commissioners or of any of them; not being an act or omission by any Commissioner which that Commissioner knew to be in breach of duty or concerning which that Commissioner was reckless as to whether it was such a breach.

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

Advisory bodies
     11.  - (1) The Commissioners shall establish an advisory body 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 any 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 any advisory body whether or not that advisory body has been consulted by the Commissioners on that matter, recommendation or representation so referred or made.

    (4) An advisory body established pursuant to this article shall consist of such number of persons appointed by the Commissioners as the Commissioners shall from time to time consider appropriate being persons who, in the opinion of the Commissioners, are representative of persons having an interest in the functioning of the harbour.

    (5) The chief executive or his representative shall be entitled to attend any meeting of an advisory body.

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

    (7) An individual member of an 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 an advisory body shall hold office for the period of three years from the date of his appointment and at the end of the period shall be eligible for reappointment.

    (9) A member of an advisory body may resign his office at any time by notice in writing given to the chief executive.

Revocation
     12. On the new constitution date the Brightlingsea Harbour Revision Order 1981[5] shall be revoked.



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


Stephen Reeves
Head of Ports Division, Department for Transport

13th September 2002

(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 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) as 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 5 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.

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

[3] S.I. 1981/238, S.I. 1997/2971 and S.I. 2001/2568.back

[4] 1927 c.xlii.back

[5] S.I. 1981/1096.back

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