The Port Health Authorities (England) Order 1974

• Citation: S.I. 1974/215
• Sections: 10

Section 1 Citation, commencement and interpretation

(1) This order may be cited as the Port Health Authorities (England) Order 1974 and shall come into operation—

(a) for the purposes of taking any action which is necessary to ensure the effective operation of this order as from 1st April 1974 on 14th March 1974; and

(b) for all other purposes, on 1st April 1974.

(2) In this order—

“ The Act ” means the Local Government Act 1972;

“ Joint boards ” means the port health authorities specified in column (2) of Part I of the Schedule hereto being joint boards which will continue to exist on and after 1st April 1974 by virtue of section 263(3)(b) of the Act;

“ port health orders ” means the orders cited in column (1) of Parts I and II of the Schedule hereto being the orders under which the port health authorities respectively specified in column (2) of the said Parts have been constituted.

(3) “ port health orders ” in relation to the Plymouth Port Health Authority shall mean those port health orders applying to Plymouth Port Health Authority at the dates of the commencement of this order.

(4) The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.

(5) Each of the series of orders mentioned in column (1) of Parts I and II of the Schedule hereto, as modified by the Act and this order, may be cited under the title as shown therein with the substitution of “to 1974” for the word and year last mentioned therein.

(6) In this order, unless the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, and in this paragraph “ enactment ” includes any instrument made under any Act.

Section 2 Construction of references to “contributory place”

In the port health orders, for any reference to a contributory place within an existing rural district there shall be substituted a reference to so much of the district or of each district as comprises the area of the contributory place or any part thereof.

Section 3 Gloucester Port Health Authority

The District Council of Gloucester shall be the port health district constituted for the port of Gloucester by the Gloucester (Gloucester Division) Port Orders 1894 to 1938 and section 263(3)(b) of the Act shall not apply to that district.

Section 4 Liverpool Port Health Authority

The Metropolitan District Council of Liverpool shall be the port health district constituted for the port of Liverpool by the Liverpool Port Orders 1893 to 1938 and section 263(3)(b) of the Act shall not apply to that district.

Section 5 Plymouth Port Health Authority

The District Council of Plymouth shall be the port health district constituted for the port of Plymouth by the Plymouth Port Health Orders and section 263(3)(b) of the Act shall not apply to that district.

Section 6 Poole Port Health Authority

The District Council of Poole shall be the port health district constituted for the port of Poole by the Poole Port Orders 1887 to 1938 and section 263(3)(b) of the Act shall not apply to that district.

Section 7 Preston Port Health Authority

The District Council of Preston shall be the port health district constituted for the port of Preston by the Preston Port Orders 1888 to 1938 and section 263(3)(b) of the Act shall not apply to that district.

Section 8 Southampton Port Health Authority

The District Council of Southampton shall be the port health district constituted for the port of Southampton by the Southampton Port Orders 1935 and 1938 and section 263(3)(b) of the Act shall not apply to that district.

Section 9 Retirement and election of members of joint boards, etc

(1) The members of the joint boards who are in office immediately before 1st April 1974 shall retire on that date.

(2) The new local authorities who will by virtue of the Act become constituent authorities of the joint boards existing on or after 1st April 1974 shall elect members of the joint boards before 1st April 1974.

(3) The members elected under paragraph (2) above shall come into office on 1st April 1974 and shall retire in 1975 in accordance with this Order.

(4) In the year 1975 and every subsequent year:—

(a) the ordinary day of retirement of the members of the joint boards and of the coming into office of the newly elected members shall be 1st June;

(b) the ordinary election of members of the joint boards shall take place on or before 31st May.

(5) So much of Article IV of the order of the Local Government Board dated 9th August 1901 (which made provision with respect to the retirement and election of members of the joint board constituting the Manchester Port Health Authority) shall cease to have effect and the Port Health Authorities (Election and Retirement of Members) Order 1950 shall cease to have effect in relation to the other joint boards.

Section 10 Expenses of port health authorities

(1) Any contribution or any part of a contribution which, by virtue of the Act or this order, becomes payable by the council of a district as from 1st April 1974 shall be special expenses chargeable only on so much of the district as comprises the area or, as the case may be, any part of the area on which such contribution is chargeable immediately before that date.

In this paragraph, “ contribution ” means the expenses or the proportion of the expenses of a port health authority payable under the provisions of any of the port health orders immediately before 1st April 1974 by the council of a county borough or county district.

(2) The provisions of paragraph (1) above shall have effect in relation to any district as if made by a resolution of a council of the district under section 147(3) of the Act, and may be varied or revoked accordingly.