Port health authority

FOIA Schedule I includes:

16 - A port health authority constituted by an order under section 2 of the Public Health (Control of Disease) Act 1984.

Section 2 provides, in part:

(2) In this Act, subject to section 8(2) below, “riparian authority”, in relation to a port of a port, means—

(a) any local authority whose district, or any part of whose district, forms part of, or abuts on, that port or part of a port, and

(b) any conservators, commissioners or other persons having authority in, over or within that port or part of a port.

(3) Subject to the provisions of this section, the Secretary of State may be order made by statutory instrument constitute a port health district ...

(4) An order under this section constituting a port health district may either—

(a) constitute one riparian authority the port health authority for the district, or

(b) constitute a joint board, consisting of representatives of two or more riparian authorities, to be the port health authority for the district.

(5) A joint board so constituted a port health authority shall be a body corporate by such name as may be determined by the order constituting the port health district:

So port health authorities constituted by section 2 come in three kinds: local authorities (which are subject to FOIA by other means), conservators/commissioners (which often aren't), and joint boards, which are newly-created bodies corporate.

Orders under this section:

• SI 1991/1773, amended by SI 1996/409, establishing Swansea Bay Port Health Authority as a joint board
• SI 1991/2913, amended by SI 1997/143, making Pembrokeshire County Council a PHA
• SI 2010/1214, making Bristol City Council a PHA
• SI 2010/1215, making Cornwall Council a PHA
• SI 2010/1216, making the Isle of Wight Council a PHA
• SI 2010/1217, making Portsmouth City Council a PHA
• SI 2010/1218, making Southampton City Council a PHA
• SI 2010/2676, establishing Tyne Port Health Authority as a joint board

Orders under the Public Health Act 1936 (which are treated as having been made under the 1984 Act by virtue of s17 of the Interpretation Act 1978):

• SI 1981/1281, making Tendring District Council and Suffolk Coastal District Council into PHAs

The Common Council of the City of London is a port health authority by virtue of section 7 of the Public Health (Control of Disease) Act 1984. In that capacity it's covered by paragraph 9 of FOIA Schedule I.

WhatDoTheyKnow tag: pha

Notes

Older orders that probably establish PHAs (if we could find copies):

• SI 1990/80 (Colchester)
• SI 1990/84 (Weymouth)
• SI 1988/984^{({{#formlink:form=Legislation|link text=add|query string=Legislation[Type]=uksi&Legislation[Year]=1988&Legislation[Number]=984}})} (Barnstaple and Bideford)
• SI 1988/1457 (Mersey)

The 1984 Act preserved a bunch of older PHAs. Presumably their establishment orders are to be treated as having been made under the 1984 Act.

• SI 1984/714 (Whitehaven)
• SI 1984/715 (Workington)
• SI 1984/1054 (Medway)

• SI 1982/1476 (Grimsby)
• SI 1982/1275 (Hartlepool)
• SI 1982/1854 (Hull and Goole)
• SI 1982/1855 (Immingham (Cleethorpes))
• SI 1982/1327 (King's Lynn)
• SI 1982/1274 (River Tees)
• SI 1982/1328 (Wisbech)

• SI 1981/87^{({{#formlink:form=Legislation|link text=add|query string=Legislation[Type]=uksi&Legislation[Year]=1981&Legislation[Number]=87}})}
• SI 1981/978 (Boston)
• SI 1981/166 (Exeter)
• SI 1981/495 (Fleetwood)
• SI 1981/682 (Ipswich)
• SI 1981/88 (Lowestoft)

• SI 1980/1469 (Colchester)
• SI 1980/1481 (Faversham)
• SI 1980/1063 (Folkestone)
• SI 1980/1104 (Great Yarmouth)
• SI 1980/609 (Lancaster)
• SI 1980/1497 (Maldon)
• SI 1980/1329 (Newhaven (Lewes District))
• SI 1980/1330^{({{#formlink:form=Legislation|link text=add|query string=Legislation[Type]=uksi&Legislation[Year]=1980&Legislation[Number]=1330}})} (Penwith)
• SI 1980/1024 (Teignmouth)
• SI 1980/1320 (Weymouth)

SI 1974/215 and SI 1974/219 adjusted a bunch of orders to account for the 1974 local government reorganisation. The following joint boards survived:

• Barnstaple Port Health Authority
• River Blyth Port Health Authority
• Exeter Port Health Authority
• Falmouth and Truro Port Health Authority (eventually replaced by Cornwall Council above)
• Fowey Port Health Authority (eventually replaced by Cornwall Council above)
• Harwich Port Health Authority (abolished by SI 1981/1281)
• Hull and Goole Port Health Authority
• Manchester Port Health Authority
• New Shoreham Port Health Authority
• River Tees Port Health Authority
• Tyne Port Health Authority (replaced above)
• Weymouth Port Health Authority (affected by SI 1990/84)
• Workington Port Health Authority

• Beaumaris Port Health Authority (abolished by SI 1992/1558)
• Chester Port Health Authority (abolished by SI 1993/786)
• Milford Port Health Authority (eventually replaced by Pembrokeshire County Council above)
• Swansea Port Health Authority (replaced above)

The following became PHAs by those Orders:

• Gloucester City Council
• Liverpool City Council
• Plymouth City Council
• Poole Borough Council
• Preston City Council
• Southampton City Council (re-enacted above)

• Arfon District Council (successor Gwynedd County Council)
• Monmouth District Council (successor Monmouthshire County Council)