Harbours, Docks, Piers And Ferries Citation and commencement 1 1 This Order may be cited as the Berwick upon Tweed Harbour Revision (Constitution) Order 2009 and comes into force on 1st June 2009. 2 The Berwick upon Tweed Harbour Acts and Orders 1862 to 1923 and this Order may be cited together as the Berwick upon Tweed Harbour Acts and Orders 1862 to 2009. Incorporation of provisions of Commissioners Clauses Act 1847 2 Sections 15, 48, 53, 56, 58 to 60, 62 to 65, 67, 69 to 83, 85 to 88, 96, 97, 99 to 102, 104 and 109 to 111 of the Commissioners Clauses Act 1847 (so far as applicable and not inconsistent with the Berwick upon Tweed Harbour Acts and Orders 1862 to 2009) are incorporated with this Order. Interpretation 3 In this Order— “the Commissioners” means the Berwick Harbour Commissioners; “the new constitution date” means 1st June 2009. Constitution of Commissioners 4 1 On and after the new constitution date, the Commissioners shall continue as a body corporate and shall consist of— a nine persons appointed by the Commissioners; and b the Harbour Master appointed for the time being by the Commissioners. 2 Each Commissioner appointed under paragraph (1)(a) shall be a person who appears to the Commissioners 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 commerce; b maritime activities; c health and safety; d management; e public relations and community issues; f industrial relations; g shipping, fishing or cargo handling; h accountancy or financial management; i management of boating and other water related leisure activities; j environment matters affecting harbours; and k any other skills and abilities considered from time to time by the Commissioners to be relevant to the discharge by them of their functions. 3 The Commissioners must 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. 4 In making an appointment under paragraph (1)(a) or article 9, the Commissioners must 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 Commissioners 5 1 The first appointments under article 4(1)(a) must be made on, or as soon as reasonably practicable after, the coming into force of this Order. 2 The Commissioners must appoint to be three of the first of such appointed Commissioners, the persons who, at the date when they make the first appointments under paragraph (1) above, are— a the Chairman of the Commissioners; b the Vice-Chairman of the Commissioners; c another one of their number. 3 Subject to articles 8 and 10 and paragraph 10 of Schedule 2, the Commissioners appointed under paragraph (2) hold office as Commissioners on and from the new constitution date until 31st May 2012. 4 Of the remaining first such appointed Commissioners— a three hold office on and from the new constitution date until 31st May 2010; and b three hold office on and from the new constitution date until 31st May 2010, as the Commissioners specify when they make each of those appointments. Terms of office of subsequent Commissioners 6 A Commissioner appointed under article 4(1)(a) (other than a Commissioner appointed in accordance with article 5), unless appointed to fill a casual vacancy and subject to articles 8 and 10, and paragraph 10 of Schedule 2, holds office for the period of three years starting on 1st June next following that Commissioner’s appointment. Power to co-opt additional Commissioners 7 The Commissioners referred to in article 4(1) may at any time co-opt not more than two persons to serve as Commissioners for such period not exceeding twelve months as the co-opting Commissioners may specify at the time of co-option. Declaration to be made by Commissioners 8 No person shall act as a Commissioner who has not made the declaration set out in Schedule 1 (or a declaration to that effect); and a person shall cease to be a Commissioner who fails to make that declaration within three months of the date of appointment. Casual Vacancies 9 1 A casual vacancy arising in the office of a Commissioner appointed under article 4(1) must, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners and in accordance with article 4(2) and (3). 2 A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 8 and 10, and paragraph 10 of Schedule 2, hold office during the remainder of the term for which the Commissioner whom that Commissioner replaces was appointed. Disqualification of Commissioners 10 If the Commissioners are satisfied that a Commissioner— a has without the permission of the Commissioners been absent from the meetings of the Commissioners during a period when three such meetings have been held; b has become bankrupt or made an arrangement with creditors; c is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or d is otherwise unable, unwilling or unfit to discharge the functions of a Commissioner, the Commissioners may declare the office of that Commissioner to be vacant and from the date of that declaration that Commissioner shall cease to be a Commissioner. Indemnity insurance for Commissioners 11 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 any act or omission of the Commissioners or of any of them, not being an act or omission which the Commissioners in question knew to be a breach of that Commissioner’s duty or, concerning which that Commissioner was reckless as to whether it was such a breach. Incidental provisions relating to Commissioners 12 On and after the new constitution date the provisions of Schedule 2 have effect. Publication of Commissioners’ annual statement of accounts 13 As soon as reasonably practicable after their annual statement of accounts is prepared, the Commissioners must make available a copy of the statement for a period of three months at the offices of the Commissioners for inspection free of charge by members of the public and must, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied with a copy. Borrowing Powers 14 1 Subject to paragraph (2), the Commissioners may from time to time borrow upon the security of their assets for the time being or of their revenues or of both their assets and their revenues, by any methods they see fit— a such sums of money as they think necessary not exceeding one million pounds (or that sum as adjusted in accordance with article 16); and b with the consent of the Secretary of State, such further sums of money as they may require. 2 In calculating the aggregate sums of money borrowed by the Commissioners under paragraph (1), there shall be excluded any sums borrowed for the purpose of repaying, within twelve months of the date of borrowing, any sum for the time being outstanding by way of principal on any amount previously borrowed. 3 Monies borrowed by the Commissioners under this article must be applied to purposes to which capital money is properly applicable. 4 For the purposes of paragraph (3), but without prejudice to the generality of that paragraph, the purposes to which capital money is properly applicable include— a the payment of any interest, falling due within five years immediately following the date of borrowing, on any sum of money borrowed by the Commissioners under this article; and b the repayment, within twelve months of the date of borrowing, of any sum for the time being outstanding by way of principal on any amount previously borrowed. Temporary borrowing powers 15 1 The Commissioners may borrow temporarily, by way of overdraft or otherwise, such sums of money as the Commissioners may require. 2 The total amount outstanding at any one time of money borrowed under paragraph (1) must not exceed two hundred and fifty thousand pounds (or that sum as adjusted in accordance with article 16). CPI adjustment of borrowing limits 16 1 On each anniversary of the new constitution date the sums mentioned in articles 14(1)(a) and 15 shall be adjusted in line with any movement (calculated to one decimal place) in CPI which occurred during the year ending on the 31st December immediately preceding the anniversary in question. 2 Any adjustment made pursuant to paragraph (1), must be recorded in the next following annual statement of accounts prepared by the Commissioners. 3 In paragraph (1), “CPI” means the Consumer Price Index, being the main measure of inflation published in the monthly publication of the Office for National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index. Advisory bodies 17 1 The Commissioners must consult an accredited advisory body or bodies on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation. 2 The Commissioners must take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by an accredited advisory body whether or not the accredited advisory body has been consulted by the Commissioners on the matter, recommendation or representation so referred or made. 3 In this paragraph “accredited advisory body” means any body which appears to the Commissioners— a to represent interests concerned with the harbour; and b to comply with such standards of openness and accountability as the Commissioners may from time to time prescribe. Amendment of the Berwick upon Tweed Harbour Act 1862 18 Section 22 of the Berwick upon Tweed Harbour Act 1862 is amended by substituting for the words from “Mayor” to “execution, and” the word “Commissioners”. Repeals 19 With effect on the new constitution date the enactments mentioned in the first and second columns of Schedule 3 (which include spent enactments) are repealed to the extent specified in the third column of that Schedule. Signed by authority of the Secretary of State for Transport R C Bennett Head of Ports Division Department for Transport 14th May 2009