The Gloucester Harbour Revision (Constitution) Order 2002

Citation and commencement

1.—(1) This Order may be cited as the Gloucester Harbour Revision (Constitution) Order 2002 and shall come into force on 16th December 2002.

(2) The Gloucester Harbour Orders 1889 to 1994 and this Order may be cited together as the Gloucester Harbour Orders 1889 to 2002.

Interpretation

2.  In this Order—

“the chairman” means the chairman of the Trustees;

“the clerk” means the clerk to the Trustees;

“the 1994 Order” means the Gloucester Harbour Revision Order 1994(1);

“the harbour” means the harbour of Gloucester within the limits prescribed by article 11 of this Order;

“the principal operational officer” means the harbour master or such other officer of the Trustees for the time being appointed by the Trustees to be the principal operational officer for the purposes of this Order;

“the Trustees” means the Gloucester Harbour Trustees;

“trustee” means a member of the Trustees, including the chairman;

“the vice-chairman” means the vice-chairman of the Trustees; and

“the new constitution date” means 1st January 2003.

Constitution of the Trustees

3.—(1) On and after the new constitution date, the Trustees shall consist of—

(a)the chairman;

(b)not less than eight and not more than nine persons appointed by the Trustees; and

(c)the principal operational officer of the Trustees.

(2) Each trustee appointed under paragraph (1)(a) or (b) above shall be a person who appears to the Trustees to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Trustees 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)commercial shipping;

(b)water related leisure activities;

(c)community matters;

(d)estuarial environmental matters;

(e)health and safety;

(f)financial management;

(g)the laws relating to England and Wales; and

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

and the Trustees shall secure, so far as is reasonably practicable, that the Trustees 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) or (b) above or article 6 below, the Trustees 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.

Appointment and terms of office of first Trustees

4.  The first appointments under article 3(1)(a) and (b) shall be made on, or as soon as reasonably practicable after, 16th December 2002 and of the Trustees so appointed—

(a)four shall be those trustees appointed under article 3(1)(c), (e) and (f) and one of the persons appointed under 3(4) of the 1994 Order, who shall hold office from the new constitution date until 31st December 2003;

(b)three shall hold office from the new constitution date until 31st December 2004; and

(c)three, one of whom shall be appointed as the chairman, shall hold office from the new constitution date until 31st December 2005,

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

Terms of office of subsequent Trustees

5.  A Trustee appointed under article 3(1)(a) or (b) above (other than a Trustee appointed under article 4 above) shall, unless appointed to fill a casual vacancy and subject to articles 7 and 8 of, and paragraph 7 of Schedule 2 to, this Order, hold office for a period of three years from lst January next following his appointment.

Casual vacancies

6.—(1) A casual vacancy arising amongst the trustees appointed under article 3(1)(a) or (b) of this Order shall, unless it is not reasonably practicable to do so, be filled by the appointment of a trustee by the Trustees, and any such appointment shall be made in accordance with article 3(2) and (3) above.

(2) A trustee appointed to fill a casual vacancy under this article shall, subject to articles 7 and 8 of, and paragraph 7 of Schedule 2 to, this Order, hold office during the remainder of the term for which the trustee whom he replaces was appointed.

Declaration to be made by Trustees

7.  No person shall act as a trustee 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 trustee if he fails to make that declaration within 3 months of the date of his appointment.

Disqualification of Trustees

8.—(1) If the Trustees are satisfied that a trustee (other than the principal operational officer)—

(a)has been absent from meetings of the Trustees for a period of six consecutive months without the permission of the Trustees; or

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

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

the Trustees may by resolution declare the office of that trustee to be vacant and thereupon his office shall become vacant.

(2) If the Trustees are satisfied that a trustee—

(a)has acted in a manner which has seriously impeded or prejudiced the Trustees in the performance of their functions;

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

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

(d)is otherwise unable, unwilling or unfit to discharge adequately the functions of a trustee;

the Trustees may request in writing the resignation of that trustee and, by resolution, declare the office of that trustee to be vacant and thereupon his office shall become vacant.

Indemnity insurance for the Trustees

9.  The Trustees may enter into, and pay premiums for, a contract of insurance to indemnify the Trustees jointly or severally against personal liability arising from any act or omission of the Trustees or of any of them; not being an act or omission by any trustee which that trustee knew to be a breach of duty or concerning which that trustee was reckless as to whether it was such a breach.

Incidental provisions applying to the Trustees

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

Limits of harbour

11.—(1) The limits within which the Trustees have authority and within which the enactments relating to the harbour apply shall comprise those areas of the Severn estuary, river Severn and river Wye up to mean high water springs and lying between the following seaward and inward limits—

The seaward limit—a line from the Welsh shore at Goldcliff in the county of Monmouthshire at reference point ST 337318 181860 due south to the limits of the Port of Bristol as prescribed by Article 3 and Schedule 1 to the Bristol Port and Harbour Revision Order 1972(2) at reference point ST 337318 176461 and (thereafter coterminous with the limits of that Port) then north-eastward to Denny Island at reference point ST 345880 180994 and then to the English shore south of Severn Beach in the county of South Gloucestershire at reference point ST 353680 183720.

The inward limits—

(2) In this article reference points refer to National Grid reference points and shall be construed as if the words “or thereabouts” were inserted after each reference point.

Advisory bodies

12.—(1) The Trustees shall establish one or more advisory body or bodies which the Trustees shall consult on all matters substantially affecting the management, maintenance, improvement, conservation or regulation of the harbour and its navigation.

(2) The Trustees shall make arrangements for every such advisory body to meet not less than twice a year provided that there is sufficient business to be transacted.

(3) The Trustees shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by such an advisory body whether or not that advisory body has been consulted by the Trustees on the matter, recommendation or representation so referred or made.

(4) The advisory body or bodies established pursuant to this article shall consist of such number or numbers of persons appointed by the Trustees as the Trustees shall from time to time consider appropriate.

(5) Appointments to an advisory body established under this article shall be made by the Trustees in accordance with a scheme prepared by them for that purpose and the scheme shall provide for the appointment of persons who, in the opinion of the Trustees, are representative of persons having an interest in the functioning of the harbour.

(6) Any such advisory body may determine its own quorum and procedure.

(7) An individual member of any such advisory body may, on giving notice in writing to the clerk, send a substitute to any meeting of the body.

(8) Subject to paragraph (9) of this article, a member of such an advisory body shall hold office for the period of three years from the date of appointment and at the end of that period shall be eligible for reappointment.

(9) A member of such an advisory body may resign from office at any time by notice in writing given to the clerk.

Repeals and revocations

13.  On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order (which include spent enactments) are repealed or revoked to the extent specified in the third column of that Schedule.