Constitution - Part 2K - Workington Harbour Management Committee

 

 

1.1 The Workington Harbour Management Committee was established by the County Council as a Committee of the Council (under Section 102 of the Local Government Act 1972) to carry out the Council's functions in respect of the Port of Workington under the Harbours Act 1964 and the Workington Harbour Act 1974 (as amended). 

1.2 The functions of the Workington Harbour Management Committee are non-executive functions.

1.3 The County Council, as Statutory Harbour Authority (SHA)  for the Port of Workington and as Competent Harbour Authority, operates the Port and Pilotage under the powers granted to it by the Workington Harbour Acts and Orders 1957 to 1999 and the Pilotage Act of 1987, and is a SHA under the Harbours Docks and Piers Clauses 1847 and subsequent Acts. 

1.4 The County Council is responsible for all areas within the Harbour limits prescribed in Section 12 (Harbour limits) of the Workington Harbour and Dock (Transfer) Act 1957 and the Workington Harbour Revision Order 1999.

2.1 The functions of the Workington Harbour Management Committee are to: 

a) Ensure the County Council discharges all its statutory duties and functions as a Statutory Harbour Authority (SHA);

b) Receive quarterly budget monitoring reports to ensure active monitoring and decision making in relation to the financial position and the Harbour reserve;

c) Seek to ensure funds are kept above an appropriate minimum contingency levels;

d) Ensure the Harbour remains self-financing;

e) To be actively involved in developing, approving and monitoring the Harbour business plan;

f) Address any other issues relating to the performance of the Harbour;

g) Consider any other matters referred to the Management Committee by the Duty Holder

3.1 The membership of the Workington Harbour Management Committee comprises eight members:

  • 5 members of the County Council
  • 3 members of Allerdale Borough Council

Chair and Vice Chair 

3.2 The Chair of the Workington Harbour Management Committee will be appointed from the County Council members.

3.3 The Deputy-Chair of the Workington Harbour Management Committee will be appointed from the Allerdale Borough Council members.  

Co-opted members

3.4 Up to two co-opted non-voting members who are stakeholder representatives and/or individuals who can provide valuable skills and experiences in support of the management of the Port of Workington will be recruited for a specified limited time to supplement the Workington Harbour Management Committee's skills and experience.

4.1 The functions of the Sub-Committee are to deal with any matters of urgency that cannot wait until the next meeting of the Workington Harbour Management Committee.

4.2 The membership of the Sub-Committee comprises the Chair, the Deputy Chair, and one committee member from Cumbria County Council and one committee member from Allerdale Borough Council,

5.4 Executive Director - Economy and Infrastructure 

The Executive Director - Economy and Infrastructure has delegated authority to discharge the County Council's functions in respect of the Port of Workington (link to part 3A constitution).  

The Executive Director has the overall operational and financial control of the Port Authority's function, and advises the County Council on all matters relating to its responsibilities.   

5.5 Duty Holders

The Port Marine Safety Code requires each Harbour Authority to hold itself accountable for the discharge of its duties and powers to the standard laid down. 

The Executive Director - Economy and Infrastructure is the Duty Holder for the Port of Workington. 

5.6 Designated Persons 

It is fundamental to an effective Marine Safety Management System that the Harbour Authority should assign the functions of a 'designated person' to provide independent assurance to the Duty Holder that the Marine Safety Management system is working effectively, and to audit the Harbour Authority's compliance with the Port Marine Safety Code.

The Port Manager, Port of Workington is the Designated Person for the Port of Workington.

Contact Arrangements Designated Person / Duty Holder

The person, or persons, to whom the function of Designated Person is entrusted, must have direct access to the highest level of the authority.

The designated person shall make a report to the duty holder as to the effectiveness of the Safety Management System at quarterly intervals not exceeding six months. 

5.7Port Manager Functions

The functions of the Port Manager are:

5.7.1 to manage the operation of the Port, and advise the Executive Director of the operational and financial implications of the Port's policies and decisions;

5.8Harbour Master

The Harbour Master has day-to-day responsibility for managing the safe operation of navigation and other marine activities in the Harbour and its approaches.