The Peterhead Harbours Revision (Constitution) Order 2002

Article 4

SCHEDULE 1 DECLARATION OF INTERESTS

Article 13

SCHEDULE 2 INCIDENTAL PROVISIONS RELATING TO TRUSTEES

Appointment of convenor and vice-convenor of trustees

1.  There shall be a convenor and vice-convenor of the trustees who shall be elected annually by the trustees from among their number at their first meeting following the completion of an appointment and election procedure, except that the chief executive shall not be eligible to be so elected.

2.  At all meetings the convenor, and in the absence of the convenor, the vice-convenor, shall preside.

3.  In the event of neither the convenor nor vice-convenor being present, or both posts being vacant, a trustee shall be chosen by the meeting to preside at that meeting.

4.  If the trustees are satisfied that the convenor or vice-convenor should cease to hold office as such, they may terminate that office as such and appoint another member to be convenor or vice-convenor during the remainder of the term for which the former convenor or vice-convenor was appointed.

5.—(1) On a casual vacancy occurring in the office of convenor or vice-convenor of the trustees, the vacancy shall be filled by the trustees at a meeting held as soon as practicable after the vacancy occurs.

(2) A trustee appointed under this paragraph to fill a casual vacancy in the office of convenor or vice-convenor shall, unless such trustee resigns that office or ceases to be a trustee, hold that office during the remainder of the term for which the convenor or vice-convenor whom such trustee replaces was appointed.

Meetings of trustees

6.  The trustees shall hold a meeting once in every month, or more or less often as the trustees shall think fit, on such day, at such hour and at such place in Peterhead, or such alternative location, as they shall from time to time appoint.

7.  At all meetings of the trustees, five shall be a quorum and no business shall be transacted at any meeting of the trustees unless a quorum shall be present at such meeting and every meeting of the trustees may be adjourned from time to time whether a quorum be present or not.

8.  The trustees may hold extraordinary meetings which may be called by either

(a) the convenor or vice-convenor;

(b) any two trustees; or

(c) the chief executive.

9.  All meetings to be held under the authority of this Order shall be called or announced by an intimation of an agenda specifying the business to be transacted at the meeting, and the day, hour and place when and where the same are to be held, which shall be delivered to, left at the usual place of abode or place of business of, or posted by ordinary first-class post to, each trustee not less than 48 hours before such meeting.

Committees

10.  The trustees may from time to time appoint committees for such purposes as, in their opinion, would be better regulated and managed by means of such committees and the trustees shall fix the quorum of such committees and may continue, alter, or discontinue such committees.

Proceedings of trustees and committees

11.  The acts and proceedings of the trustees, or any committee of the trustees, shall not be invalidated by any vacancy in their number or by any defect in the appointment, or the qualification for appointment, of any person as a trustee, or as convenor or vice-convenor, of the trustees or committee.

12.—(1) Every question at a meeting of the trustees or of a committee of the trustees shall be decided by a majority vote of the trustees present and voting.

(2) If at any meeting of the trustees or of a committee of the trustees there is an equality of votes on any question the convenor of the meeting shall have a second or casting vote.

Authentication of seal

13.—(1) The application of the seal of the trustees shall be authenticated by the signature of two trustees authorised by the trustees to authenticate the application of the seal, and of the chief executive or some person authorised by the trustees to act in place of the chief executive in that behalf.

(2) The trustees may authorise a person to act instead of the chief executive under this paragraph whether or not the chief executive is absent or incapable of acting.

(3) Any notice, licence or other document given or issued by the trustees shall, unless the contrary intention is expressed, be sufficiently authorised if signed by the chief executive or a duly authorised officer of the trustees.

General

14.  Subject to the provisions of this Schedule, the procedure and business of the trustees and of any committee of the trustees shall be regulated in such manner as the trustees from time to time determine.