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The Fraserburgh Harbour Revision (Constitution) Order 2001

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5.—(1) There shall be an appointing body consisting of the following three persons, none of whom shall have made an application under article 4:—

(a)the Convenor of Commissioners unless the Convenor has made an application under article 4, in which case another Commissioner nominated by the Commissioners;

(b)a person who is not a Commissioner, who shall be nominated by the Commissioners and considered to represent the interests of one or more groups of persons interested in Fraserburgh Harbour; and

(c)the Chief Executive of Aberdeenshire Council or the nominee of the Chief Executive.

(2) The appointing body shall meet as soon as practicable after the application date to consider the applications made under article 4 and in any event within one week of the application date.

(3) The appointing body shall interview applicants as it sees fit.

(4) The appointing body shall decide whether those persons who have applied under articles 3(1)(a), (b) and (c) shall be candidates in the election.

(5) The appointing body shall decide which persons who have applied under articles 3(1)(d) and (e) shall be appointed as Commissioners.

(6) The appointing body shall have particular regard to the following considerations when making decisions under paragraphs (4) and (5):—

(a)the special knowledge, experience or ability of applicants to contribute to the efficient and economic discharge by the Commissioners of their functions;

(b)the special knowledge, experience or ability of applicants in one or more of the following matters—

(i)management of harbours;

(ii)shipping or other forms of transport;

(iii)the fishing industry;

(iv)sailing and other water-related leisure activities;

(v)navigation;

(vi)industrial, commercial or financial matters;

(vii)administration;

(viii)the law relating to Scotland;

(ix)safety;

(x)personnel management;

(xi)environmental matters affecting harbours;

(xii)any other skills and matters considered relevant from time to time by the Commissioners to the discharge by them of their functions;

(c)any guidance issued by the Scottish Ministers from time to time with respect to the exercise of such functions.

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