The Milford Haven Port Authority (Constitution) Harbour Revision Order 2012

• Citation: S.I. 2012/1154
• Sections: 11

Section 1 Citation and commencement

(1) This Order may be cited as the Milford Haven Port Authority (Constitution) Harbour Revision Order 2012 and shall come into force on 24th May 2012.

(2) The Milford Haven Port Authority Acts and Orders 1983 to 2002 and this Order may together be cited as the Milford Haven Port Authority Acts and Orders 1983 to 2012.

Section 2 Interpretation

In this Order—

“ the Authority ” means the Milford Haven Port Authority; and

“the 2002 Act ” means the Milford Haven Port Authority Act 2002 .

Section 3 Constitution of the Authority

In section 4 of the 2002 Act (constitution of Authority)—

(a) in subsection (1), omit “Subject to subsection (2) below, on and after the new constitution date”;

(b) for subsection (1)(c) substitute—

(c) no fewer than six and no more than eight further members appointed by the Authority, of whom three members shall have been selected for appointment following consultation with Pembrokeshire County Council; and

(c) in subsection (1)(d) after “two” insert “additional”; and

(d) omit subsection (2).

Section 4 Selection of members

In section 5 of the 2002 Act (selection of members)—

(a) in subsection (2)—

(i) omit “by the Secretary of State”; and

(ii) for “Secretary of State”, in the second place where those words appear, substitute “appointing body”;

(b) insert after subsection (3)(h)—

(i) commercial activity in the haven.

(c) insert after subsection (3)—

(3A) At least one of the members of the Authority must have wide experience of navigation (including the command of sea-going ships, pilotage and aids to navigation).

Section 5 Transitional provisions

(1) Despite article 3 , each existing member shall continue to remain in office until the expiry of the member’s existing term or until the member ceases to be a member for any other reason before then.

(2) The Authority must decide which of each of the existing members’ places should be filled with a new appointment on the expiry of the member’s existing term or on the member ceasing to be a member for any other reason before then.

(3) The Authority must exercise their powers under paragraph (2) with the objective of ensuring that after the relevant date, no fewer than six and no more than eight further members will have been appointed in accordance with section 4(1)(c) of the 2002 Act.

(4) As respects the existing members, paragraph 3 of Schedule 2 to the 2002 Act shall apply without the amendment in paragraph 5(a) of the Schedule to this Order.

(5) In this article—

“existing member” means a member of the Authority who was appointed under section 4(1)(c) of the 2002 Act and who was in office immediately before the date on which this Order came into force;

“existing term” means the term of office being served by a member of the Authority on the date on which this Order came into force; and

“the relevant date” means whichever of the following applies—

the date on which the last remaining existing member is reappointed after the expiry of that member’s existing term;

the date on which a different person is appointed to replace the last remaining existing member after the expiry of that member’s existing term or on the member ceasing to be a member for any other reason before then; or

the date on which the last remaining existing member ceases to be a member for any reason, if that member is neither reappointed nor replaced.

Section 6 Minor and consequential amendments of the 2002 Act

The Schedule has effect.

Section 1

The 2002 Act is amended as follows.

Section 2

In section 7 (term of office of members)—

(a) in subsection (1)—

(i) omit “by the Secretary of State”; and

(ii) for “Secretary of State”, in the second and third places where those words appear, substitute “appointing body”; and

(b) omit subsection (2).

Section 3

In section 10(1) (casual vacancies) omit “subsection (1) of”.

Section 4

In Schedule 1 (form of declaration by members) for “2002”, in the first and second places where it appears, substitute “2012”.

Section 5

In Schedule 2 (provisions applying to the Authority)—

(a) for paragraph 3 (vacation of office by members) substitute—

(3)

(1) A person appointed by the Authority as a member of the Authority may resign his office at any time by notice in writing given to the chairman of the Authority.

(2) The person appointed as chairman of the Authority may resign his office at any time by notice in writing given to the Secretary of State and the vice-chairman of the

Authority.

(b) in paragraph 8 (validity of acts of Authority) before “acts and proceedings” insert “constitution,” and after “vacancy” insert “or deficiency”.