HARBOURS, DOCKS, PIERS AND FERRIES PART I Preliminary Citation and commencement 1 1 This Order may be cited as the Whitehaven Harbour Commissioners (Constitution) Harbour Revision Order 2002 and shall come into force on 4th March 2002. 2 The Whitehaven Town and Harbour Acts and Orders 1708 to 1996 and this Order may be cited together as the Whitehaven Town and Harbour Acts and Orders 1708 to 2002. Incorporation of Commissioners Clauses Act 1847 2 Sections 12, 14 to 16 and 60 of the Commissioners Clauses Act 1847 shall be incorporated with this Order. Interpretation 3 In this Order— “the Appointing Body” has the meaning given by article 5(6) below; “the Commissioners” means the Whitehaven Harbour Commissioners; “the transitional constitution” means the constitution of the Commissioners which, in accordance with Schedule 1 to this Order, has effect from the transitional constitution date until 31st March 2003; “the transitional constitution date” means the first day of the second month after the expiry of the month current at the commencement of this Order. PART II Transitional Constitution Transitional constitution 4 The provisions of Schedule 1 to this Order shall apply to the transitional constitution. PART III Permanent Constitution Constitution of Commissioners 5 1 On and after 1st April 2003, the Commissioners shall consist of not less than seven nor more than nine as provided in this article. 2 Six of the Commissioners shall be appointed by the Appointing Body. 3 The Chief Executive of the Commissioners shall, by virtue of his office, be a Commissioner. 4 Each Commissioner appointed under paragraph (2) above shall be a person who appears 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 management of harbours; b management of water related leisure activities; c shipping or other forms of transport; d the fishing industry; e navigation; f industrial, commercial or financial matters; g administration; and the Appointing Body shall secure, so far as reasonably practicable, that Commissioners appointed by it 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. 5 The Commissioners appointed under paragraph (2) above may co-opt not more than two persons to serve as a Commissioner or Commissioners during such period not exceeding two years as may be specified by the co-opting Commissioners at the time of co-option. 6 For the purposes of appointing the Commissioners referred to in paragraph (2) above, the Appointing Body means a body consisting of— a a person (not being a Commissioner) nominated from time to time by Copeland Borough Council; b a person (not being a Commissioner) nominated from time to time by Cumbria County Council; c the Chairman of the Commissioners or, if the Chairman is a candidate for re-appointment as a Commissioner, the vice-chairman of the Commissioners; d two other Commissioners appointed by the qualifying Commissioners from amongst their number at a meeting at which not less than four of their number shall be present; and in this paragraph, “qualifying Commissioners” means the Commissioners appointed under paragraph 2(2) of Schedule 1 to this Order or paragraph (2) above. Appointment and terms of office of first Commissioners 6 1 The Appointing Body shall appoint the first Commissioners to be appointed by it before 1st April 2003. 2 Of the first Commissioners appointed by the Appointing Body— a two shall hold office until 31st March 2004; b two shall hold office until 31st March 2005; and c three shall hold office until 31st March 2006; as the Appointing Body shall specify when they make each of those appointments. Terms of office of other Commissioners 7 A Commissioner appointed by the Appointing Body (other than a Commissioner appointed under article 6 above) shall, unless appointed to fill a casual vacancy and subject to the provisions of this Order, hold office for the period of three years from 1st April next following his appointment. Casual vacancies 8 1 A casual vacancy arising in the office of a Commissioner appointed by the Appointing Body shall be filled by the appointment of a Commissioner by the Appointing Body. 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 9 If the Commissioners holding office under article 5(2) or (3) above are satisfied that a Commissioner— a has been absent from meetings of the Commissioners for three consecutive months or more without the permission of the Commissioners; 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 is otherwise unable or unfit to discharge the functions of a Commissioner; those Commissioners may declare his office as a Commissioner to be vacant and thereupon his office shall become vacant. Indemnity insurance for Commissioners 10 The Commissioners may subscribe, and pay premiums, for a policy 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 Commissioner or Commissioners in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach. Incidental provisions relating to Commissioners 11 On and after 1st April 2003 the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners. Revocations 12 On the transitional constitution date, the instruments mentioned in the first and second columns of Schedule 3 to this Order shall be revoked to the extent specified in the third column of that Schedule. Signed by the authority of the Secretary of State for Transport, Local Government and the Regions. Stephen Reeves Head of Ports Division, Department for Transport, Local Government and the Regions 11th February 2002