SH.41/21
The Monitoring Officer
introduced a report which considered the role of duty holder and
where this responsibility could sit.
Ashford Solicitors had been commissioned to run a Board workshop to
review the options available for duty holder
arrangements.
During the debate the
following points were raised:
·
Assurances
were given that moving the duty holder responsibilities to the
Executive of the Council would not result in any operational
changes.
·
The duty
holder needed to have the ability to spend significant amounts
quickly in response to any critical safety issues that may
arise.
·
It was
acknowledged that Board Meetings were already attended by the
Executive Lead Member with responsibility for Salcombe Harbour.
·
The Chair
of the Harbour Board would present any recommendations made by the
Board to the Executive at the appropriate Executive
Meeting.
·
The
Executive would receive training in the Maritime Code and would
know their duties as Duty Holders.
However, as the years of maritime experience were held within the
Board, the Executive would take the advice of the Board and the
Independent Person on safety issues.
·
It was
felt that the Executive’s Duty Holder training should be
bespoke and cover local governance and byelaws with the cost of
this training being split between the Salcombe Harbour Authority and South Hams District
Council.
·
The
Executive Members should be invited to join the Board twice a year
for a tour of the Harbour that should include a review of the key
strategic and operational issues that were facing the
Harbour;
·
The Asset
Register to be completed, along with the risk register including
safety implications, which should then be reviewed biannually and
formally reported on to the Executive.
·
It was
confirmed that the Salcombe Harbour
budget would remain ring-fenced, with the annual budget meeting
being retained to enable for the Board to review proposals made to
them, with resultant recommendations then being reported to the
Executive for ultimate approval.
·
The Board
was informed that Ashford Solicitors were currently working on the
drafting of a Memorandum of Understanding and Terms of
Reference. Once drafts completed, these
would be finalised by Director of Place and Enterprise in
consultation with the Board.
·
The report
stated that the Board appointed its own Chairman when in fact this
was the responsibility of the Council at its Annual
Meeting.
It was then:
RECOMMENDED
That the Board RECOMMEND to Full Council that
responsibility for the Council’s functions as Harbour
Authority, and the role of Duty Holder, should be that of the
Executive, with the Harbour Board acting as an advisory Board to
the Executive, in accordance with the Memorandum of Understanding
and Terms of Reference: these to be settled by Director of Place
and Enterprise in consultation with the Salcombe Harbour Board.