Harbours Act 2015

Chairperson’s report

20. (1) The chairperson of a transferred company shall, not later than 4 months after the end of each accounting year, make a report to the local authority chief executive concerned of the transferred company’s activities and those of any subsidiaries during that year.

(2) A report under this section shall include—

(a) (i) a statement of all significant developments involving the transferred company which occurred in that year (including the acquisition of shares or establishment of subsidiaries by the transferred company), and

(ii) in so far as such a description is not included in a statement referred to in sub paragraph (i), a description of any acquisitions or disposals of land made by the transferred company during that year,

(b) a statement of the transferred company’s borrowings,

(c) a description of each of the following things the chairperson anticipates will occur in the accounting year next following that year, namely—

(i) acquisitions of land by the transferred company,

(ii) disposals by the transferred company of any of its land (whether by sale or the grant of a lease), and

(iii) such other matters in the accounting year next following that year (or, where the chairperson considers it appropriate in any particular case, any subsequent accounting year) which may affect the transferred company to any significant extent,

(d) a statement, to the best of the chairperson’s knowledge or belief, with regard to the transferred company, as to whether—

(i) each of the following has been complied with or adhered to, that is to say—

(I) the requirements of this Act and the Act of 1996 or any other enactment in relation to the accounts of a transferred company and statements as to the financial affairs of a transferred company,

(II) section 24 ,

(III) directions under section 10 (1) or 27 (1),

(IV) the requirements of any enactment or instrument made under an enactment, in relation to the entering by a public authority into a contract with any person for the provision of goods or services by that person to such authority, and

(V) any code of conduct for the directors and members of staff of State enterprises issued by the Government or the Minister for Public Expenditure and Reform,

and

(ii) regard has been had to guidelines issued by the Government or the Minister for Public Expenditure and Reform—

(I) in relation to the entering by a public authority into a contract with any person for the provision of goods or services by that person to such authority,

(II) in relation to the accounts of State enterprises or statements in respect of their financial affairs, and

(III) in relation to the remuneration to be paid by State enterprises to their chief executives,

(e) where anything referred to in paragraph (d)(i) is stated not to have been complied with or adhered to, an explanation as to why there was a failure to comply with it or adhere to it,

(f) where anything referred to in paragraph (d)(ii) is stated that regard has not been given to, an explanation as to why there was a failure to have regard to it, and

(g) a statement—

(i) of the average number of employees that are expected to be employed under contracts of service during the accounting year following that to which the accounts relate, or

(ii) that more than 30 of its current full time employees are likely to continue to be so employed full time under contracts of service during the accounting year following that to which the accounts relate,

as determined in accordance with section 22 (10)(a)(ii).

(3) In this section—

“public authority” means—

(a) a Minister of the Government,

(b) a local authority,

(c) a body established—

(i) by or under any enactment (other than the Companies Act 2014 (or the prior Companies Acts within the meaning of that Act)) or charter, or

(ii) by any scheme administered by the Government,

(d) a company formed under the Companies Act 2014 (or the prior Companies Actswithin the meaning of that Act), in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government,

(e) a company (within the meaning of the Companies Act 2014 ) a majority of the shares in which are held by or on behalf of a Minister of the Government, or

(f) a transferred company;

“State enterprises” has the same meaning as it has in section 16 (4).