The River Tees Port Health Authority Order 2016

This Order may be cited as the River Tees Port Health Authority Order 2016 and comes into force on 14th June 2016.

This Order applies to England.

In this Order—

• “the Act” means the Public Health (Control of Disease) Act 1984;

• “the joint board” means the joint board established under article 3;

• “the Port of Tees and Hartlepool” means the port of that name as appointed for the purposes of customs and excise under section 19(1) of the Customs and Excise Management Act 1979^f1 (appointment of ports etc.); and

• “the relevant riparian authorities” means Redcar and Cleveland Borough Council, Stockton-on-Tees Borough Council, Middlesbrough Borough Council and Hartlepool Borough Council^f2.

References in this Order to reference points are to be construed as references to National Grid reference points.

For the purposes of section 2 of the Act (port health districts and authorities), the area described in paragraph (2) is to constitute a port health district.

The area described in this paragraph consists of those parts of the Port of Tees and Hartlepool together with such land and water as is specified in sub-paragraphs (a) to (c)—

The port health authority for the port health district constituted under article 2 is a joint board consisting of 17 members.

The members of the joint board must be appointed by the relevant riparian authorities from the members of their respective councils as follows—

The joint board constituted under paragraph (1) is to be a body corporate called the River Tees Port Heath Authority.

The relevant riparian authorities must appoint members to the joint board at meetings to be held in May of each year.

The joint board must meet at least four times in each year.

If a person appointed to the joint board is unable to attend any meeting of the joint board, another member of the council of the relevant riparian authority of which that person is a member may attend that meeting instead.

Any vacancy occurring amongst members of the joint board must be filled by the relevant riparian authority in relation to whose representation the vacancy occurred at a meeting to be held as soon as possible after each such occurrence.

At least 3 days before a meeting of a relevant riparian authority at which it is proposed to appoint a member of the joint board, the proper officer^f1 of that authority must give notice of the meeting, and of the proposed appointment, to every member of that authority.

The proper officer of a relevant riparian authority must immediately give notice in writing to the proper officer of the joint board of the name, address and occupation of any person appointed by that officer’s authority to be a member of the joint board.

A person appointed to the joint board ceases to be a member of the board if that person ceases to be a member of the council of the relevant riparian authority by which they were appointed.

All members of the joint board must retire from office and the newly appointed members come into office on the first Friday in June of each year.

If, but for paragraph (1), a retiring member of a joint board is qualified to be appointed to the board, that member may be re-appointed for a further term of office.

The members of the joint board must elect the chair of the joint board annually from amongst the members.

The election of the chair must be the first business transaction at the annual meeting of the joint board which takes place on the first Friday in June of each year.

If, in the election of the chair, there is an equality of votes, the person presiding at the annual meeting has a casting vote in addition to any other vote which that person may have.

Unless the chair resigns or becomes disqualified to act as chair, the chair is to continue in office until a successor is elected as chair.

During a person’s term of office as chair, that person is to continue to be a member of the joint board.

For the purposes of section 241 of the Local Government Act 1972^f1 (power to apply provisions of Act to joint boards etc.), the provisions of that Act which are listed in Schedule 1 are to apply to the joint board as port health authority.

In the application of those provisions by paragraph (1), a reference in that Act—

The functions, rights and liabilities of a local authority or a food authority under the enactments specified in Schedule 2 are assigned to the joint board as port health authority in so far as they are applicable to a port health authority and to any land, waters, premises, vessels or persons within its jurisdiction.

Subject to paragraph (3), the enactments specified in Schedule 2 in respect of the functions, rights and liabilities that are assigned to the joint board under paragraph (1), are to have effect as if—

This article does not apply to—