The North Eastern Inshore Fisheries and Conservation Order 2010

This Order may be cited as the North Eastern Inshore Fisheries and Conservation Order 2010.

This Order comes into force on 1st October 2010.

In this Order—

• “the Marine Act” means the Marine and Coastal Access Act 2009;

• “additional member” is to be read in accordance with article 5(2)(c);

• “the Authority” means the North Eastern Inshore Fisheries and Conservation Authority (see article 4);

• “chair” means the chair of the Authority (see article 7);

• “council member” is to be read in accordance with article 5(2)(a);

• “the district” is to be read in accordance with article 3(1);

• “general member” is to be read in accordance with article 5(2)(b);

• “relevant appointing body”, in relation to a person, means the body that appointed the person as a member of the Authority;

• “relevant council” is to be read in accordance with article 3(3)^f1;

• “vice-chair” is to be read in accordance with article 14(1).

Expressions used in this Order and in Chapter 1 of Part 6 of the Marine Act have the same meaning in this Order as they have in that Chapter.

There is to be an inshore fisheries and conservation district known as the North Eastern Inshore Fisheries and Conservation District (“the district”).

The district is the area that consists of—

The “relevant councils” are—

• Durham County Council;

• East Riding of Yorkshire Council;

• Hartlepool Borough Council;

• Hull City Council;

• North Yorkshire County Council;

• North East Lincolnshire Council;

• North Lincolnshire Council;

• Redcar and Cleveland Borough Council;

• South Tyneside Metropolitan Borough Council;

• Stockton-on-Tees Borough Council;

• Sunderland City Council.

The “adjacent area of sea” is so much of the sea adjacent to the basic area of the district as lies—

Those boundaries are—

In this article—

The Authority is to consist of 30 members.

Of those 30 members—

The number of council members to be appointed by each relevant council is as follows—

One of the additional members is to be appointed by the Environment Agency and the other is to be appointed by Natural England.

A person appointed as a member of the Authority holds and vacates office in accordance with the terms of the appointment.

The terms of appointment of a member are such as the body making the appointment determines.

Paragraph (1) is subject to articles 9 to 11.

The Authority must appoint from among its members a person to be the chair of the Authority.

Paragraph (1) is subject to articles 8(6) and 14(5) (eligibility for re-appointment).

The Authority must appoint the chair at the first meeting of the Authority held after the beginning of each financial year.

The chair holds office for the period beginning with the meeting at which the chair is appointed and ending with the first meeting of the Authority held after the beginning of the following financial year, but this is subject to articles 8 to 11.

The Authority may remove a person from the office of chair if the condition in paragraph (2) is met.

The condition is that the Authority considers that the person is failing, or has failed, to discharge the duties of the chair in accordance with the requirements of—

If a person is removed from the office of chair under this article, the Authority must appoint another person from among its members to the office of chair.

Paragraph (3) is subject to paragraph (6) and article 14(5).

The person so appointed—

A person who has been removed from the office of chair under this article is not eligible to be re-appointed as chair.

A person may resign as a member of the Authority by giving notice in writing to—

A person appointed as chair may resign from the office of chair by giving notice in writing to the Authority.

The Authority must appoint a person from among its members to the office of chair where—

Paragraph (3) is subject to articles 8(6) and 14(5).

The person so appointed—

The Authority or the relevant appointing body may suspend the appointment of any member against whom criminal proceedings are commenced.

Where—

If the member is the chair, the member is also suspended as chair for the period of the suspension of membership.

A council member whose membership of the relevant appointing body is suspended is, for the period of that suspension, also suspended—

A person’s appointment as a member of the Authority ceases in any of the following circumstances—

The Authority may terminate the appointment of a person as a member if the person is convicted of a criminal offence other than one under fisheries legislation, nature conservation legislation or marine licensing legislation.

The Authority must appoint a person from among its members to the office of chair where—

Paragraph (3) is subject to articles 8(6) and 14(5).

The person so appointed—

In this article—

In paragraph (6) “enactment” includes an enactment contained in subordinate legislation.

the person has been convicted of a criminal offence; and

the conviction is not spent for the purposes of the Rehabilitation of Offenders Act 1974^f1.

A meeting of the Authority is quorate if—

The relevant councils may not make standing orders as respects the Authority under section 106 of the Local Government Act 1972^f1 (standing orders with respect to proceedings).

The Authority must appoint from among its members a person (the “vice-chair”) who is to chair any meeting of the Authority which the chair is unable to chair (but see paragraphs (4) and (5)).

If neither the chair nor the vice-chair is able to chair a meeting of the Authority, the members present at the meeting must appoint one of their number to chair the meeting.

Articles 7(3) and (4), 8(1) to (3) and (5), 9(2), (3) and (5), 10(3) and (4) and 11(3) and (5) apply to the vice-chair as they apply to the chair.

A person who has been removed from the office of chair under article 8 is not eligible to be appointed as vice-chair.

A person who has been removed from the office of vice-chair under article 8 is not eligible to be appointed as chair or re-appointed as vice-chair.

The Authority may reimburse the expenses of its members incurred in connection with attending a meeting of the Authority or otherwise carrying out the functions of the Authority.

The Authority may pay to its members such allowances as it may determine.

In particular, the Authority may pay to a general member who is not an employee of the MMO an allowance in respect of a loss of earnings arising from that member’s attendance at a meeting of the Authority.

The Authority must determine, before the beginning of each financial year, the circumstances in which a member is eligible under this article for the reimbursement of expenses incurred in that year or the receipt of an allowance in respect of that year.

The expenses incurred by the Authority must be defrayed by the relevant councils in accordance with paragraph (2)^f1.

The percentage of those expenses to be defrayed by each relevant council is as follows—

Before the consideration of any motion by virtue of subsection (4) of section 180 of the Marine Act to veto the total amount of expenses incurred by the Authority which is to be defrayed pursuant to that section, the Authority must give notice in writing of that motion to each council member.

If the Authority considers it necessary or expedient for the exercise of its functions, it may authorise a sub-committee or any member or employee of the Authority to exercise any of the Authority’s functions.

A sub-committee may not include persons who are not members of the Authority.

Paragraph (1) does not prevent the Authority from exercising the function itself.

any vacancy in the office of chair or vice-chair;

any deficiency in the total number of members of the Authority or sub-committee;

any deficiency in the number of council members, general members or additional members;

any defect in a person’s appointment as the chair or vice-chair or as a member of the Authority or sub-committee.