This Public Notice relates to nominations for the election of three fishermen’s Commissioners pursuant to the North Sunderland Harbour Order 1931 (‘the 1931 Order’) and an Order of the Court dated 12 September 2023 (‘the Court Order’).
Notice is hereby given by the North Sunderland Harbour Commissioners that fishermen’s elections must take place latest by Monday 18 December 2023 in accordance with the Court Order. However the North Sunderland Harbour Commissioners intend that the fishermen’s elections will take place by Monday 16 October 2023.
The North Sunderland Harbour Commissioners are therefore publishing this notice to call for nominations of candidates for election as fishermen’s Commissioners, from the Register of Fishermen.
Candidates for nomination and those persons nominating them must be Registered Fishermen (i.e. included on the Register of fishermen kept by the Commissioners under article 9 of the 1931 Order)).
Under article 10 of the 1931 Order:
Nominations of such candidates for elections, must be:
in writing;
made by two Registered Fishermen.
The written ‘nomination paper’ under which the nomination is made must be:
dated;
include the first name, surname, address and occupation of each of the Registered Fishermen making the nomination and of the candidate (also a Registered Fishermen) being nominated;
signed by the two Registered Fishermen who are making the nomination;
be received by the Clerk either via email: Kay@nsh.org.uk or at the Harbour Master’s office (Harbour Road, NE68 7RN) no later than 4.00pm onMonday 2 October 2023 (‘the nomination period’).
Note, article 10(3) of the 1931 Order, states that any nomination paper received after 4pm will be deemed to be invalid. Therefore it is extremely important to ensure that all nominations papers are received by the Clerk before 4pm on Monday 2 October 2023.
As stated above, there are three fishermen’s Commissioners places available.
if only three persons (or less) are nominated within the nomination period the North Sunderland Harbour Commissioners will confirm to those individuals that they have been duly appointed as Commissioners in accordance with Article 10(5) of the 1931 Order, with effect from 1 November 2023; however
if more than three persons are duly nominated within the nomination period the North Sunderland Harbour Commissioners, fishermen’s elections will be held on Monday 16 October 2023 and a further public notice will be issued (under Article 10(4) of the 1931 Order).
Points to Note
Applications to be included on the Register of fishermen
Only persons who are registered on the Register of fishermen are:
entitled to nominate a candidate or be a candidate for the fishermen’s elections; and
vote at the election (if one is held because more than three persons have been nominated).
A person can apply to be included on the Register of fishermen at any time. All those who applied by 8th September 2023 have already been notified as to whether their application was successful. If anyone else would like to apply to be on the Register of fishermen in order to nominate a candidate or be a candidate for the fishermen’s elections or vote at the election, please do so as soon as possible. The Commissioners will use their reasonable endeavours to consider any application and notify the applicant as to whether they have been included on the Register of fishermen within 5 working days of receipt of the application. The criteria and process for making an application are set out in the Public Notice published by the Commissioners on 25 August 2023 (available to view at the harbour office and on the Commissioners’ website)
Number of votes for each person registered on the Register of fishermen.
In accordance with article 10(6) of the 1931 Order, if an election is required to be held (because there are more than three nominations) each person registered on the Register of fishermen, shall be entitled to three votes at the election. However, no more than one vote can be given to any one candidate.
Three votes is the maximum number of votes any person registered on the Register of fishermen is entitled to (e.g. a person is not entitled to more votes because they own more than one fishing vessel in the harbour or otherwise exceed)) the minimum qualification criteria to be entered on the Register of fishermen).
Duty Holder
The Board of Commissioners for North Sunderland Harbour Commissioners are the ‘Duty Holder’ for the purposes of the Port Marine Safety Code. As such, the three Commissioners appointed through the process outlined above will also become the Duty Holder. Further information on the role and responsibilities of the Duty Holder under the Port Marine Safety Code can be found at: https://www.gov.uk/government/publications/port-marine-safety-code