Freedom of Information Act Information

Freedom of Information Act 2000 Publication Scheme

MALDON HARBOUR IMPROVEMENT COMMISSIONERS

This Publication Scheme, approved by the Commissioners on 14 June 2012, is based on the Model Publication Scheme prepared and approved by the Information Commissioners and as such can be adopted without modification by any public authority without further approval and be valid until further notice.

This Scheme commits the Commissioners to make information available to the public as part of its normal activities. The information covered is included in classes of information mentioned below, where it is held by the Commissioners. Additional assistance is provided to the definition of these classes in sector specific guidance manual issued by the Information Commissioner.

1 INTRODUCTION

The scheme commits the Commissioners:-

To proactively publish or otherwise make available as a matter of routine, information, including environmental information, which is held by the Commissioners and falls within the classifications below;

To specify the information which is held by the Commissioners and falls within the classifications below;

To proactively publish or otherwise make available as a matter of routine, information in line with the statements contained within this scheme;

To produce and publish the methods by which the specific information is made routinely available so that it can be easily identified and accessed by members of the public;

To review and update on a regular basis the information the Commissioners make available under this scheme;

To produce a schedule of any fees charged for access to information which is made proactively available; and

To make this publication scheme available to the public.

CLASSES OF INFORMATION Who we are and what we do

The Maldon Harbour Improvement Commissioners (MHIC) are the statutory harbour authority for the Port of Maldon. The Commissioners are incorporated by Act of Parliament through The Maldon Harbour Order 1865 for ‘the improvement, maintenance and regulation of the Harbour at Maldon in the County of Essex’. The main functions are to ensure safe navigation in the fairway, including the provision and maintenance of 11 lit and unlit buoys, within the area that is the jurisdiction of the Commissioners, i.e. ‘in and over the whole of the River Blackwater’ from Fullbridge, up Heybridge Creek, and downstream to a point some 70 metres above the Chelmer and Blackwater Canal lock entrance at Heybridge Basin.

A maximum of 12 Commissioners are permitted to be appointed under the Order. The only employed officer, on a part-time basis, is the Clerk to the Commissioners.

(ii) What we spend and how we spend it

Income is generated from harbour dues determined each year. Expenditure is incurred mainly on insurance, administration and buoy maintenance.

(iii) What our priorities are and how we are doing

To maintain a serviceable balance; to meet targets set by Trinity House for ‘down-time’ of navigation aids; to maintain information showing the fairway; to keep under review the financial position of the Commissioners.

(iv) How we make decisions

Decisions of or on behalf of the Commissioners are made at Ordinary and Special Meetings of the Commissioners or otherwise in accordance with the approved Standing Orders, Terms of Reference and Delegated Powers and Financial Regulations.

(v) Our policies and procedures

There are no specific policies other than the priorities stated in Paragraph 2(iii) above. Procedures are incorporated within the documents referred to in Paragraph 2(iv) above.

(vi) Lists and Registers

The only Lists or Registers maintained are those listed in Section 3 below.

(vii) The services we offer

These are limited to the functions outlined in Paragraph 2(i) above.
The above classes of information outlined above will not generally include:-

 Information, the disclosure of which is prevented by law, or exempt under the Freedom of Information Act, or is otherwise properly considered to be protected from disclosure;

 

Information in draft form; and

Information that is no longer readily available as it is contained in files that have been placed in archive storage, or is difficult to access for similar reasons.

THE METHOD BY WHICH INFORMATION PUBLISHED UNDER THIS SCHEME WILL BE MADE AVAILABLE

3

The Commissioners will indicate clearly to the public what information is covered by this Scheme and how it can be obtained. See below.

Where it is within the capability of the Commissioners, information will be provided on its website.

Where it is impracticable to make information available on a website or when an individual does not wish to access the information by the website, the Commissioners will indicate how information can be obtained by other means and provide it by those means.

In exceptional circumstances some information may be available only by viewing in person. Where this manner is specified, contact details will be provided. An appointment to view the information will be arranged within a reasonable timescale.

Information will be provided in the language in which it is held or in such other language that is legally required. Where the Commissioners are legally required to translate any information, they will do so.

Obligations under disability and discrimination legislation and any other legislation to provide information in other forms and formats will be adhered to when providing information in accordance with this Scheme.

The information available under this Scheme is listed below. All of the information listed is available on the Commissioners’ website – www.mhic.org.uk – and is also deposited in the Maldon Library, White Horse Lane, Maldon, Essex, CM9 5FW. Otherwise it can be made available by contacting the Clerk to the Commissioners at clerk@mhic.org.uk or by writing to the Clerk at 5 Fir Tree Walk, Maldon, Essex, CM9 4NS.

INFORMATION/DOCUMENT

WHEN MADE AVAILABLE

Names of Commissioners and contact details of the Clerk

At all times and within two weeks of any amendments

Meeting dates of Ordinary Meetings

By no later than 31 march each year

Agendas for Ordinary and Special Meetings

At least two days before meeting date

Minutes of Ordinary and Special Meetings

Normally within two weeks of meeting date

Notes of other public meetings organised or jointly organised by the Commissioners

Within two weeks of being adopted by the Commissioners

Standing Orders, Terms of Reference and Delegated Powers

At all times and within two weeks of any amendments approved by the Commissioners

Financial Regulations

At all times and within two weeks of any amendments approved by the Commissioners

Public Register of Commissioners’ Interests

At all times and within two weeks of any amendments

Annual Accounts

Within two weeks of Annual Meeting in June

each year

Annual Reports

Within two weeks of Annual Meeting in June each year

Notices of Vacancy for Commissioners

As soon as published

Map showing the extent of the fairway

As soon as possible after completion

Schedule of Harbour Dues

Within two weeks of being approved

Port Marine Safety Code

At all times and within two weeks of any amendments

4 CHARGES WHICH MAY BE MADE FOR INFORMATION PUBLISHED UNDER THIS SCHEME

The purpose of this Scheme is to make the maximum amount of information readily available at minimum inconvenience and cost to the public. Charges made by the Commissioners for routinely published material will be justified and transparent and kept to a minimum.

Material which is published and accessed on a website will be provided free of charge. Charges may be made for information subject to a charging regime specified by Parliament. Charges may be made for actual disbursements incurred such as:

 photocopying
 postage and packaging
 the costs directly incurred as a result of viewing information

Charges may also be made for information provided under this Scheme where they are legally authorised, they are in all the circumstances, including the general principles of the right of access to information held by public authorities, justified and are in accordance with a published schedule or schedules of fees which is readily available to the public.

If a charge is to be made, confirmation of the payment due will be given before the information is provided. Payment may be requested prior to provision of the information.

5 WRITTEN REQUESTS

Information held by the Commissioners that is not published under this Scheme can be requested in writing to the Clerk, when its provision will be considered in accordance with the provisions of the Freedom of Information Act.

June 2012