 House of Commons | Session 2001- 02 Internet Publications Other Private Bills before Parliament Arrangement of Clauses (Contents) |
| Milford Haven Port Authority Bill
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EXPLANATORY MEMORANDUM The Bill is promoted by the Milford Haven Port Authority (“the Authority”). It makes provision for the alteration of the constitution and powers of the Authority. Clause 1 recites the short title of the Bill and the collective title and provides for the commencement of the Bill to be two months after Royal Assent. Clause 2 sets out the major definitions of the Bill. Clause 3 provides for the incorporation of certain provisions of the Harbours, Docks, and Piers Clauses Act 1847 and the Commissioners Clauses Act 1847. Clause 4 sets out the constitution of the Authority as amended by the Bill. The main alteration from the current constitution of the Authority is the addition, in subsection (10)(b) of an additional member who may be drawn from the officers of the Authority. The other members of the Authority comprise the Chief Executive, the Chairman of the Authority (appointed by the Secretary of State) and not less than 8 and not more than 9 other members appointed by the Secretary of State after he has consulted various bodies. The Authority is able to appoint a further member under certain circumstances. Clause 5 makes provision about the way in which members of the Authority must be selected, and the criteria which the members must meet. Clause 6 provides the date on which the first appointments of members under the Act must be made. Clause 7 provides that the term of office of each member of the Authority shall be no longer than 3 years. Clause 8 provides that under certain circumstances, the existing members of the authority may co-opt no more than two of their number to serve on the newly constituted authority for a period of six months beginning on the date of the new constitution. Clause 9 provides that no person shall act as a member of the authority until he has made the declaration set out in schedule 1 to the Bill, and that he would cease to be a member if he failed to make that declaration within three months of the date of his appointment. Clause 10 makes provision about casual vacancies, and enables new members to be appointed where a casual vacancy occurs in the office of a member. Clause 11 provides for the disqualification of members and in particular makes provision enabling the person who made the appointment of the member concerned to declare the office of the member vacant. The circumstances in which the member can be so disqualified are if he has failed to attend meetings of the Authority regularly; he has become bankrupt or made an arrangement with his creditors; he is incapacitated by physical or mental illness; or is otherwise unable, unwilling or unfit to discharge the functions of a member. Clause 12 enables the authority to subscribe and pay premiums for a policy of insurance to indemnify the members against personal liability for their acts or omissions, except where the act or omission was, in certain circumstances, in breach of the member's duty. Clause 13 renames the general manager of the Authority as the Chief Executive of the Authority. Clause 14 introduces schedule 2 to the Act which makes general provisions about the Authority. Clause 15 enables the Authority to give general directions for the purpose of promoting or securing conditions condusive to the ease, convenience or safety of navigation in Milford Haven, and the approaches to it. Before giving such directions, the Authority must consult the Chamber of Shipping, the Royal Yachting Association and the statutory advisory committee established under section 15 of the Milford Haven Conservancy Act 1983. Clause 16 provides for the publication of general directions in Lloyd's list or some other newspaper specialising in shipping news. Clause 17 enables the harbourmaster to give special directions in individual cases. Such directions may require vessels to comply with a requirement under a general direction; prohibit the mooring of vessels; and regulate or require the movement, mooring or unmooring of vessels in Milford Haven. Clause 18 provides that the giving of a general or special direction does not diminish or affect the responsibility of the master of a vessel in relation to his vessel, persons on board, its cargo or any other personal property. Clause 19 provides that failure to comply with a general or special direction is an offence, punishable with a level 4 fine. Clause 20 enables the harbourmaster to put persons aboard a vessel to carry out a special direction if it is not complied with within a reasonable time, and makes special provision in relation to vessels on which there is nobody on board. It also enables the Authority to recover expenses incurred by them under the clause. Clause 21 places the Authority under a duty to make available for inspection and sale copies of their annual statement of accounts, and also provides that the Authority must prepare a business strategy, which must also be made available for inspection and sale. Clause 22 extends the powers of investment of the Authority. It enables them to invest in businesses and provide loans and guarantees to companies, and provide other assistance, whether financial or otherwise. The powers under the clause may only be exercised if in the opinion of the Authority it is likely to provide economic, social, cultural or environmental benefits to all or some of the population of Pembrokeshire or any part of Pembrokeshire. Clause 23 provides a saving for Crown Rights. Clause 24 provides that certain provisions of the Milford Haven Conservancy Act 1983, no longer required as a result of the Bill, shall be repealed. Schedule 1 sets out the form of declaration to be made by members of the Authority. Schedule 2 sets out a number of general provisions applying to the Authority, relating to meetings of the Authority, the vice-chairman of the Authority, vacation of office by members of the Authority, reappointment of members of the Authority, reappointment of the chairman of the Authority, committees of the Authority, proceedings of the Authority and its committees, the validity of acts of the Authority, the authentication of the seal of the Authority and further general provisions. In the view of the Milford Haven Port Authority the provisions of the Milford Haven Port Authority Bill are compatible with the Convention rights. |
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| © Parliamentary copyright 2001 | Prepared 29 November 2001 |