HARBOURS, DOCKS, PIERS AND FERRIES Preliminary Citation and commencement 1 1 This Order may be cited as the King’s Lynn Conservancy Board (Constitution) Harbour Revision Order 2001 and shall come into force on 1st August 2001. 2 The King’s Lynn Conservancy Acts and Orders 1897 to 1983 and this Order may be cited together as the King’s Lynn Conservancy Acts and Orders 1897 to 2001. 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— “appointing body” means any of the bodies mentioned in article 4(1)(a) to (d) below; “the Board” means the King’s Lynn Conservancy Board; “member” means a member of the Board; “the new constitution date” means 1st February 2002. Constitution Constitution of Board 4 1 On and after the new constitution date, the Board shall consist of— a four members appointed by the King’s Lynn and West Norfolk Borough Council; b one member appointed by the Norfolk County Council; c one member appointed by the Trades Union Congress who is a paid official of a trade union appearing to them to represent persons engaged in dock and harbour activities in the port; d five members appointed by the Board; and e the Harbour Master & Chief Executive for the time being of the Board. 2 Each member appointed under paragraph (1)(a), (b) and (d) above shall be a person who appears to the Council or the Board (as the case may be) to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Board 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 industrial and commercial activities; c shipping or other forms of transport; d navigation; e environmental matters affecting harbours and management of water related activities; f administration and finance; g community and leisure interests; h any other skills and matters considered relevant from time to time by the Board to the discharge by them of their functions; and each appointing body mentioned in paragraph (1)(a), (b) or (d) above shall secure, so far as reasonably practicable, that the members appointed by them respectively 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) above or article 8(1) below, each appointing body 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 members 5 1 The first appointments under article 4(1)(a) to (d) above shall be made on or before, or as soon as reasonably practicable after, 30th September 2001. 2 The Board shall appoint the persons who are, at the date when they make the first appointments under paragraph (1) above, the chairman and deputy chairman of the Board to be two of the first of such appointed members and they shall hold office as members from the new constitution date until 31st January 2005; and on and after the new constitution date shall be the chairman and vice-chairman respectively of the Board. 3 Of the remaining first members appointed by the Board— a two shall hold office from the new constitution date until 31st January 2003; and b one shall hold office from the new constitution date until 31st January 2004; as the Board shall specify when they make each of those appointments. 4 Of the first members appointed by the King’s Lynn and West Norfolk Borough Council— a one shall hold office from the new constitution date until 31st January 2003; b two shall hold office from the new constitution date until 31st January 2004; and c one shall hold office from the new constitution date until 31st January 2005; as the Council shall specify when they make each of those appointments. 5 The first members appointed by the Norfolk County Council and the Trades Union Congress shall hold office from the new constitutional date until 31st January 2005. Terms of office of subsequent members 6 A member appointed under article 4(1)(a) to (d) above (other then a member appointed under article 5 above) shall, unless appointed to fill a casual vacancy and subject to articles 7 and 9 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of three years from 1st February next following his apppointment. Declaration to be made by members 7 No person shall act as a member 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 member if he fails to make that declaration within three months of the date of his appointment. Casual vacancies 8 1 A casual vacancy arising in the office of a member appointed by an appointing body shall, unless it is not reasonably practicable to do so, be filled by the appointment of a member by that appointing body in accordance with article 4(2) or (3) above. 2 A member appointed to fill a casual vacancy under this article shall, subject to articles 7 and 9 of, and paragraph 10 of Schedule 2 to, this Order, hold office during the remainder of the term for which the member whom he replaces was appointed. Disqualification of members 9 If the Board are satisfied that a member— a has without the permission of the Board been absent from the meetings of the Board— i for a period during which three such meetings have been held; or ii for a period of three 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 member; or d is otherwise unable, unwilling or unfit to discharge the functions of a member; the Board may declare his office as a member to be vacant and thereupon his office shall become vacant. Indemnity insurance for members 10 The Board may enter into, and pay premiums for, a contract of insurance to indemnify the members jointly or severally against personal liability arising from any act or omission of the members or of any of them; not being an act or omission which the member or members 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 Board 11 On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Board. Publication of Board’s annual statement of accounts 12 As soon as reasonably practicable after their annual statement of accounts is prepared, the Board shall— a make available a copy of the statement for a period of three months at the offices of the Board 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 with a copy; and b send a copy of the statement to the King’s Lynn and West Norfolk Borough Council and Norfolk County Council. Borrowing powers 13 1 Subject to paragraph (2) below, the Board 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 15 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 Board 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 Board 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 Board 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 14 The Board may borrow temporarily, by way of overdraft or otherwise, such sums of money as the Board may require but the total amount outstanding at any one time of money so borrowed shall not exceed four hundred thousand pounds (or that sum as adjusted in accordance with article 15 below). RPI adjustment of borrowing limits 15 1 On each anniversary of the new constitution date, the sums mentioned in articles 13(1)(a) and 14 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. Repeals and revocations 16 On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order (which include spent enactments) 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, Local Government and the Regions. Stephen Reeves Head of Ports Division Department of Transport, Local Government and the Regions 20th July 2001