HARBOURS, DOCKS, PIERS AND FERRIES PART I PRELIMINARY Citation and commencement 1 1 This Order may be cited as the Teignmouth Harbour Revision Order 2003 and shall come into force on 13th October 2003. 2 The Teignmouth Harbour Order 1924 , the Teignmouth (Pilotage) Harbour Revision Order 1998 , the Teignmouth Harbour Revision Order 1992 and this Order may be cited together as the Teignmouth Harbour Orders 1924 to 2003. Incorporation of section 60 of Commissioners Clauses Act 1847 2 Section 60 of the Commissioners Clauses Act 1847 shall be incorporated with this Order. Interpretation 3 In this Order— “the Commissioners” means the Teignmouth Harbour Commissioners; “the new constitution date” means 1st November 2003; “the approaches” means any seaward approaches to the harbour; “general direction” means a direction authorised by article 18 below; “the harbour” has the same meaning as in the Teignmouth Harbour Order 1924; “the harbour master” means the harbour master of the Commissioners and includes his authorised deputies and assistants and any person authorised by the Commissioners to act in that capacity; “special direction” means a direction authorised by article 20 below or by section 52 of the Harbours, Docks and Piers Clauses Act 1847 ; “vessel” means every description of vessel, however propelled or moved, and includes hovercraft, any floating manufactured article, anything constructed or used to carry persons or goods by water, and, except for the purpose of levying rates, a seaplane on or in the water. PART II NEW CONSTITUTION Constitution of Commissioners 4 1 Subject to article 7, on and after the new constitution date the Commissioners shall consist of— a nine members appointed by the Commissioners; and b the Clerk for the time being of the Commissioners or such other officer of the Commissioners as they shall determine. 2 Subject to article 5 below, each Commissioner appointed under paragraph (1)(a) above 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 the ports industry; b maritime and commercial activities; c local public service; d boating, tourism and other leisure activities; e environmental matters; f finance and administration; g any other skills and matters considered relevant from time to time by the Commissioners in order for them to discharge their functions. 3 The Commissioners shall secure, so far as reasonably practicable, that— a 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; and b in particular at least three of the Commissioners have special knowledge, experience and ability in the matters specified in paragraph (2)(a) and (b) above and at least three of them have special knowledge, experience and ability in the matters specified in paragraph (2)(c) to (e) above. 4 In making an appointment under paragraph (1)(a) above or article 9 below, the Commissioners 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 Commissioners 5 1 The first appointments under article 4(1)(a) above shall be made on, or as soon as reasonably practicable after, the date on which this Order comes into force. 2 Of the first Commissioners to be appointed by the Commissioners— a six shall be persons who at the date of the appointment held office as Commissioners; and b the remaining three shall be persons having special knowledge, experience and ability in one or more of the matters specified in article 4(2)(a) to (g). 3 The first Commissioners appointed as mentioned in paragraph (2)(a) above shall be selected by such procedures as the Commissioners shall determine; and of those Commissioners— a three shall hold office from the new constitution date until 31st December 2003; and b three shall hold office from the new constitution until 31st December 2004, as the Commissioners shall specify when they make each of those appointments. 4 The first Commissioners appointed as mentioned in paragraph (2)(b) above shall hold office from the new constitution date until 31st December 2005. Terms of office of subsequent Commissioners 6 A Commissioner appointed under article 4(1)(a) above (other than a first Commissioner appointed as mentioned in article 5 above) shall, unless appointed to fill a casual vacancy and subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of three years from 1st January next following his appointment. Power to co-opt additional Commissioners 7 The Commissioners referred to in article (4)(1)(a) above 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 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 Commissioner if he fails to make that declaration within three months of the date of his appointment. Casual vacancies 9 1 A casual vacancy arising in the office of a Commissioner appointed by the Commissioners shall, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners, and any such appointment shall be made in accordance with article 4(2) to (4) above. 2 A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order hold office during the remainder of the term for which the Commissioner whom he 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 meetings of the Commissioners— i for a period during which three such meetings have been held; or ii for a period of six consecutive months, whichever of those periods is the longer; 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, unwilling or unfit to discharge the functions of a Commissioner, the Commissioners may declare his office as a Commissioner to be vacant and thereupon his office shall become vacant. 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 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 12 On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners. Financial year and annual statement of accounts 13 1 The Commissioners' financial year shall begin on 1st April and end on the following 31st March in each year. 2 As soon as reasonably practicable after their annual statement of accounts is audited and approved, the Commissioners shall— a 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 shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied a copy; and b send a copy of the statement to the Teignbridge District Council. Consultative bodies 14 1 The Commissioners shall establish one or more consultative body or bodies which the Commissioners shall consult on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation. 2 The Commissioners shall make arrangements for every such consultative body to meet not less than twice a year. 3 The Commissioners shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by such a consultative body whether or not that consultative body has been consulted by the Commissioners on the matter, recommendation or representation so referred or made. 4 The consultative body or bodies established pursuant to this article shall consist of such number or numbers of persons appointed by the Commissioners as the Commissioners shall from time to time consider appropriate being persons who, in the opinion of the Commissioners, are representative of persons having an interest in the functioning of the harbour. 5 Any such consultative body may determine its own quorum and procedure and shall appoint a chairman. 6 An individual member of a consultative body may, on giving notice in writing to the chairman of that body, send a substitute to any meeting of the body. 7 A member of a consultative body shall hold office for the period of three years from the date of his appointment and at the end of the period shall be eligible for re-appointment. 8 A member of a consultative body may resign his office at any time by notice in writing given to the chief executive. PART III BORROWING POWERS Borrowing powers 15 1 Subject to paragraph (2) below, the Commissioners may from time to time borrow upon the security of their assets for the time being or of their revenues or 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 17 below); 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) above, 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 Moneys borrowed by the Commissioners under this article shall be applied only to purposes to which capital money is properly applicable. 4 For the purposes of paragraph (3) above, but without prejudice to the generality of that paragraph, purposes to which capital money is properly applicable shall be deemed to 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 from the date of borrowing, of any sum for the time being outstanding by way of principal on any amount previously borrowed. Temporary borrowing powers 16 The Commissioners may borrow temporarily, by way of overdraft or otherwise, such sums of money as the Commissioners may require but the total amount outstanding at any one time of money so borrowed shall not exceed one hundred thousand pounds (or that sum as adjusted in accordance with article 17 below). RPI adjustment of borrowing limits 17 1 On each anniversary of the new constitution date, the sums mentioned in articles 15(1)(a) and 16 above shall be adjusted in line with any movement (calculated to one decimal place) in RPI which occurred during the year ended on 31st December immediately preceding the anniversary in question. 2 Any adjustment referred to in paragraph (1) above, shall be recorded in the next following annual statement of accounts prepared by the Board. 3 In paragraph (1) above, “RPI” means the general index of retail prices for all items 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. PART IV MANAGEMENT OF THE HARBOUR General directions to vessels 18 1 The Commissioners may, after consultation with the Chamber of Shipping and the Royal Yachting Association in each case of an exercise of the powers, give directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the harbour and the approaches thereto and, without prejudice to the generality of the foregoing, for any of the following purposes— a for designating areas, routes or channels in the harbour and the approaches thereto which vessels are to use, or refrain from using, for movement or mooring; b for securing that vessels move only at certain times or during certain periods; c for requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master for the purposes of this paragraph. 2 Directions given under paragraph (1) above may apply— a to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction; and b to the whole of the harbour and the approaches thereto, or to a part designated, or the designation of which is provided for, in the direction; and c at all times or at times designated, or the designation of which is provided for, in the direction; and every direction given under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c) above. 3 The Commissioners may, after consultation with the Chamber of Shipping and the Royal Yachting Association, revoke or amend directions given under this article. Publication of general directions 19 1 Notice of the giving of a general direction and of any amendment or revocation of a general direction shall, except in case of emergency, be published by the Commissioners as soon as practicable once in Lloyd’s List or some other newspaper specialising in shipping news; and, if the notice relates to the giving or amendment of a direction, the notice shall state a place at which copies thereof may be inspected and bought, and the price thereof. 2 In an emergency, notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the Commissioners consider appropriate. Special directions to vessels 20 1 In addition to the directions which he may give under section 52 of the Harbours, Docks and Piers Clauses Act 1847 the harbour master may give a direction under this article— a requiring any vessel anywhere within the harbour or the approaches thereto to comply with a requirement made in or under a general direction; b prohibiting the mooring of vessels in any particular part or parts of the harbour; c regulating or requiring the movement, mooring or unmooring of a vessel, and d regulating the manner in which a vessel takes in or discharges cargo, fuel, water or ship’s stores otherwise than at a dock or pier. 2 A special direction may be given in any manner considered by the harbour master to be appropriate. 3 The harbour master may revoke or amend a special direction. Master’s responsibility to be unaffected 21 The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, persons on board, its cargo or any other person or property. Failure to comply with directions 22 The master of a vessel who fails without reasonable excuse to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. Enforcement of directions 23 1 Without prejudice to any other remedy available to the Commissioners, if a special direction is not complied with within a reasonable time the harbour master may, where practicable, put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction. 2 If there is no one on board the vessel to comply with a special direction, the harbour master may proceed as if the direction had been given and not complied with; but he shall not do so unless, after reasonable inquiry has been made, the master cannot be found. 3 Expenses incurred in the exercise of the powers conferred by this article shall be recoverable by the Commissioners from the owner of the vessel as if they were a charge of the Commissioners in respect of the vessel. PART V SUPPLEMENTARY Repeals and revocation 24 On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order shall be repealed or revoked to the extent specified in the third column of that Schedule. Signed by the authority of the Secretary of State for Transport Phil Carey Head of Ports Division, Department for Transport 6th October 2003