Port health authority

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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:

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):

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):

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 1979/1085({{#formlink:form=Legislation|link text=add|query string=Legislation[Type]=uksi&Legislation[Year]=1979&Legislation[Number]=1085}}) (Fowey)
  • SI 1979/134, making Stroud District Council into a PHA (revokes SR&O 1894/840, SR&O 1938/1441).
  • SI 1978/819, making Dover District Council into a PHA (revokes orders of 1888-06-13, 1938-06-18, 1887-11-28, 1898-08-26, 1938-03-29, 1922-08-15, 1938-03-18).
  • SI 1978/383, making Poole Borough Council into a PHA (revokes orders of 1887-09-21 and 1909-02-27)
  • SI 1978/1695, making Thanet District Council into a PHA.
  • SI 1978/685, making Canterbury City Council into a PHA.
  • SI 1977/1458, making Barrow-in-Furness Borough Council into a PHA.
  • SI 1977/1460, establishing Manchester Port Health Authority as a joint board.
  • SI 1977/1457 (Plymouth)
  • SI 1977/1459, establishing River Blyth Port Health Authority as a joint board.

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)
  • Order of Local Government Board dated 1899-06-30 establishing Harwich Port Health Authority, amended by SI 1969/1415, established Harwich Port Health Authority as a joint board (Harwich, Felixstowe, Tendring, Samford, Deben)
  • Order of the Local Government Board dated 1894-06-21 constituting Bridgwater Port Health Authority, immaterially amended by SI 1968/445, established Bridgwater Port Health Authority as a joint board (Bridgwater BC, Bridgwater RDC, Burnham-on-Sea UDC).
  • SI 1966/1123({{#formlink:form=Legislation|link text=add|query string=Legislation[Type]=uksi&Legislation[Year]=1966&Legislation[Number]=1123}}) (Exeter) (local, issued)

External links

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