The Belfast Harbour Order (Northern Ireland) 2002

Part I Constitution of Commissioners

1.  In this Schedule “the Council” means the Belfast City Council.

2.—(1) The Commissioners shall consist of not less than 10 and not more than 15 persons who shall be appointed by the Department. Any such appointment may take effect at any time after the coming into operation of this Order.

(2) The persons appointed under sub-paragraph (1) shall include the person for the time being appointed as Chief Executive Officer to the Commissioners under sub-paragraph (6) and may, on the advice of the Commissioners, include one other officer of the Commissioners.

(3) (a) A person appointed as Commissioner under sub-paragraph (1) other than a person referred to in sub-paragraph (2) or in paragraph 3 shall hold office for a period of 4 years or such lesser period as the Department may determine but shall be eligible for re-appointment.

(b) A person referred to in sub-paragraph (2) shall hold office as Commissioner so long as he holds the qualifying office by virtue of which he was appointed.

(4) (a) The Department shall designate a Commissioner as Chairman of the Commissioners and may designate another Commissioner as Deputy Chairman.

(b) A person referred to in sub-paragraph (2) shall not hold the office of Chairman or Deputy Chairman.

(5) Section 18(2) of the Interpretation Act (Northern Ireland) 1954(1) shall apply to any appointment made by the Department under sub-paragraph (1).

(6) The Commissioners shall appoint a person to act as Chief Executive Officer to the Commissioners.

3.  A maximum of four of the persons appointed under paragraph 2(1) shall be members of the Council appointed by the Department following consultation with the Council. Any member so appointed shall be eligible to serve as Commissioner for a period co-terminus with his membership of the Council.

4.  A person appointed under paragraph 3 who ceases to be a member of the Council shall thereupon cease to be a Commissioner.

5.—(1) Subject to sub-paragraph (2) in the event of a casual vacancy occurring in the office of the Chairman the vacancy shall be filled by the Deputy Chairman until a new Chairman is appointed by the Department.

(2) If there is no Deputy Chairman, the Commissioners shall elect one of their number, other than a person referred to in paragraph 2(2), to fill any such vacancy as is mentioned in sub-paragraph (1) and the Commissioner so elected shall hold office as Chairman until a new Chairman is appointed by the Department.

6.—(1) The Department in making appointments under paragraph 2(1) shall select persons who appear to it to have experience of, and to have capacity in, one or more of the matters mentioned in sub-paragraph (2) or to have in some other respect special knowledge or experience which would be of value to the Commissioners in the discharge of their functions, or to have any other skills and abilities considered from time to time by the Department to be relevant or useful to the Commissioners.

(2) The matters referred to in sub-paragraph (1) are the management of harbours, shipping, port usage, industrial, commercial or financial matters, administration, and the organisation of workers.

7.  The Department may appoint one of its officials to attend meetings of the Commissioners as an observer. Any observer so appointed shall not take part in any deliberation or decision of the Commissioners.

(1)

1954 c. 33 (N.I.)