Citation and commencement1

1

This Order may be cited as the Kent and Essex Inshore Fisheries and Conservation Order 2010.

2

This Order comes into force on 1st October 2010.

Interpretation2

1

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 Kent and Essex 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)2;

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

2

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.

The Kent and Essex Inshore Fisheries and Conservation District3

1

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

2

The district is the area that consists of—

a

the combined areas of the relevant councils (the “basic area” of the district); and

b

the adjacent area of sea (see paragraph (4)).

3

The “relevant councils” are—

  • Essex County Council;

  • Kent County Council;

  • Medway Council;

  • Southend on Sea Borough Council;

  • Thurrock Council.

4

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

a

within the boundaries specified in paragraph (5); and

b

to a distance of 6 nautical miles from the 1983 baselines.

5

Those boundaries are—

a

a loxodromic line joining the co-ordinates numbered 1 to 6 in Part 1 of the Table in the Schedule; and

b

a loxodromic line joining the co-ordinates numbered 1 and 2 in Part 2 of that Table.

6

In this article—

a

“the 1983 baselines” means the baselines for the measurement of the breadth of the territorial sea of the United Kingdom as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 19643;

b

“co-ordinate” means a co-ordinate of latitude and longitude on the World Geodetic System 1984; and

c

“nautical mile” means an international nautical mile of 1,852 metres.

The Kent and Essex Inshore Fisheries and Conservation Authority4

The inshore fisheries and conservation authority for the district4 is to be known as the Kent and Essex Inshore Fisheries and Conservation Authority.

Membership of the Authority5

1

The Authority is to consist of 21 members.

2

Of those 21 members—

a

9 (the “council members”) must be members of relevant councils5 and must be appointed in accordance with paragraph (3);

b

10 (the “general members”) must be persons appointed by the MMO6, and must include at least one employee of the MMO; and

c

2 (the “additional members”) must be appointed in accordance with paragraph (4)7.

3

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

Relevant council

Number of members

Essex County Council

3

Kent County Council

3

Medway Council

1

Southend on Sea Borough Council

1

Thurrock Council

1

4

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

Terms of appointment6

1

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

2

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

3

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

Appointment of Chair7

1

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

2

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

3

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

4

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.

Removal of Chair8

1

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

2

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—

a

the Marine Act;

b

this Order; or

c

any standing orders made by the Authority.

3

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.

4

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

5

The person so appointed—

a

takes office on being appointed; and

b

holds office for the remainder of the period specified in article 7(4),

but paragraph (b) is subject to the further application of this article and to articles 9 to 11.

6

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

Resignation from office9

1

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

a

the Authority; and

b

the relevant appointing body.

2

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

3

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

a

a person who resigns as a member is the chair; or

b

a person appointed as chair resigns from the office of chair.

4

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

5

The person so appointed—

a

takes office on being appointed; and

b

holds office for the remainder of the period specified in article 7(4),

but paragraph (b) is subject to the further application of this article and to articles 8, 10 and 11.

Suspension of membership10

1

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

2

Where—

a

the member is acquitted of the offence; or

b

the proceedings are discontinued or withdrawn,

the suspension ends on the acquittal, discontinuance or withdrawal.

3

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

4

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

a

as a member of the Authority; and

b

if the council member is the chair, as chair.

Termination of membership11

1

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

a

the person is convicted of an offence under fisheries legislation, nature conservation legislation or marine licensing legislation;

b

a monetary penalty is imposed on the person under fisheries legislation, nature conservation legislation or marine licensing legislation;

c

the person is a council member and ceases to be a member of the relevant council that appointed the person as a member.

2

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.

3

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

a

a person whose membership ceases under this article is the chair; or

b

a person whose membership ceases under the terms of the person’s appointment is the chair.

4

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

5

The person so appointed—

a

takes office on being appointed; and

b

holds office for the remainder of the period specified in article 7(4),

but paragraph (b) is subject to the further application of this article and to articles 8 to 10.

6

In this article—

a

“fisheries legislation” means enactments relating to sea or freshwater fishing;

b

“marine licensing legislation” means Part 4 of the Marine Act; and

c

“nature conservation legislation” means the enactments mentioned in section 237(2) of the Marine Act.

7

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

Eligibility for appointment or re-appointment12

A person is not eligible for appointment or re-appointment as a member of the Authority if—

a

the person has been convicted of a criminal offence; and

b

the conviction is not spent for the purposes of the Rehabilitation of Offenders Act 19748.

Quorum and general procedure13

1

A meeting of the Authority is quorate if—

a

6 or more members are present;

b

at least one of those members is a council member; and

c

at least one of those members is a general member.

2

The relevant councils may not make standing orders as respects the Authority under section 106 of the Local Government Act 19729 (standing orders with respect to proceedings).

Chairing of meetings14

1

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)).

2

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.

3

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.

4

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

5

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.

Expenses and allowances15

1

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.

2

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

3

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.

4

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.

Expenses of the Authority16

1

The expenses incurred by the Authority must be defrayed by the relevant councils in accordance with paragraph (2)10.

2

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

Relevant council

Percentage

Essex County Council

43.12%

Kent County Council

43.12%

Medway Council

7.55%

Southend on Sea Borough Council

2.42%

Thurrock Council

3.79%

3

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.

Delegation of Authority’s functions17

1

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.

2

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

3

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

Validity of acts and proceedings18

The validity of anything done by the Authority, or by any sub-committee of the Authority, is not affected by any of the following—

a

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

b

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

c

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

d

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

Richard BenyonParliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs