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The Fraserburgh Harbour Revision (Constitution) Order 2001

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Article 14

SCHEDULE 2INCIDENTAL PROVISIIONS RELATIING TO COMMISSIONERS

Appointment of convenor and vice-convenor of Commissioners

1.  There shall be a convenor of the Commissioners who shall be appointed by the Commissioners from among their number.

2.  The first convenor taking office after the new constitution date shall be appointed at the first meeting of the Commissioners referred to in paragraph 9 below.

3.  Subject to paragraph 7 below, every convenor appointed under paragraph 1 above shall, unless resigning office as convenor or ceasing to be Commissioner, hold office for a period of one year.

4.  There shall be a vice-convenor of the Commissioners who shall be appointed by the Commissioners from among their number.

5.  The first vice-convenor holding office after the new constitution date shall be appointed as soon as practicable after that date.

6.  Subject to paragraph 7 below, every vice-convenor appointed under paragraph 4 above shall, unless resigning office as vice-convenor or ceasing to be a Commissioner, hold office for a period of one year.

7.  If the Commissioners are satisfied that the convenor or vice-convenor should cease to hold office as such, they may terminate the appointment 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.

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

(2) A Commissioner appointed under this paragraph to fill a casual vacancy in the office of convenor or vice-convenor shall, unless resigning that office or ceasing to be a Commissioner, hold that office during the remainder of the term for which the convenor or vice-convenor who is replaced was appointed.

Meetings of Commissioners

9.—(1) The first meeting of the Commissioners after the new constitution date shall be convened as soon as practicable after that date, and arrangements shall be made for notice of that meeting to be sent by post to each of the Commissioners.

(2) The Commissioners shall meet at least six times in every year.

Reappointment of Commissioners

10.—(1) Subject to the provisions of this Schedule, a vacating Commissioner shall be eligible for reappointment or re-election as a Commissioner unless that Commissioner has been disqualified from office under Article 12 above.

(2) A vacating Commissioner shall not be eligible for reappointment or re-election as a Commissioner where, immediately before appointment, the Commissioner has held office for three consecutive terms.

(3) For the purposes of this paragraph, “term” does not include—

(a)the remainder of a term during which the Commissioner was appointed to fill a casual vacancy under article 9 above; or

(b)any term served by the Commissioner prior to the new constitution date.

Committees

11.  The Commissioners may, consistently with their duties and subject to such conditions as they think fit, delegate any of their functions to a committee of the Commissioners.

Proceedings of Commissioners and committees

12.  The acts and proceedings of the Commissioners, or any committee of the Commissioners, 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 Commissioner, or as convenor or vice-convenor, of the Commissioners or committee.

13.  The quorum required for a meeting of the Commissioners or any committee of the Commissioners shall be four.

14.  If a Commissioner is in any way directly or indirectly interested in any contract or proposed contract to which the Commissioners are, or would be, a party and is present at a meeting of the Commissioners or of any committee of the Commissioners at which that contract is the subject of consideration, that Commissioner shall as soon as practicable after the commencement of the meeting disclose that fact at the meeting and shall leave the meeting and not take part in any deliberation or decision of the Commissioners or committee with respect to that contract.

15.  The person for the time being holding office as vice-convenor shall have and may exercise in the absence of the convenor all the powers of the convenor.

16.  If at any meeting of the Commissioners neither the convenor nor the vice-convenor are present the Commissioners present at the meeting shall choose one of their number to be the convenor of the meeting.

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

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

Authentication of seal

18.—(1) The application of the seal of the Commissioners shall be authenticated by the signature of the convenor of the Commissioners or some other Commissioner authorised by the Commissioners to authenticate the application of the seal, and of the Harbour Master/Harbour Clerk of the Commissioners or some person authorised by the Commissioners to act in the place of the Harbour Master/Harbour Clerk in that behalf.

(2) The Commissioners may authorise a person to act instead of the Harbour Master/Harbour Clerk under this paragraph whether or not the Harbour Master/Harbour Clerk is absent or incapable of acting.

(3) Any notice, licence or other document given or issued by the Commissioners shall, unless the contrary intention is expressed, be sufficiently authorised if signed by the Harbour Master/Harbour Clerk or a duly authorised officer of the Commissioners.

Remuneration of Commissioners

19.  The Commissioners may pay to the convenor and other Commissioners such salary, allowances and expenses as the Commissioners from time to time determine.

General

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

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