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The Peterhead Harbours Revision (Constitution) Order 2002

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6.—(1) On or before 30th September in each year, the chief executive shall cause the following lists to be made up and made available for inspection at the harbour office:–

(a)a list of shipowners, being those persons–

(i)who for the 12 calendar months prior to 1st September preceding the election shall have been recorded in the register of electors as a person resident within the Peterhead harbours electoral area, or in the valuation roll as a ratepayer in respect of non-domestic property within the said area; and

(ii)whose names appear on 1st September preceding the election in the register of shipping under Part I of the Merchant Shipping Act 1894 or in the register of British fishing vessels under Part II of the Merchant Shipping Act 1995 as owner, or part owner to the extent of at least four sixty-fourth shares, of a ship or vessel of not less than 9 metres overall length;

(b)a list of harbour ratepayers, being those persons whose names appear on the roll kept and maintained by Grampian Joint Valuation Board or its successor, under the Valuation Acts (as defined by section 26(1) of the Abolition of Domestic Rates Etc. (Scotland) Act 1987(1) for the purpose of assessing and levying rates under sections 1 and 7 respectively of the Local Government (Scotland) Act 1975(2) in respect of non-domestic property in the Peterhead Harbours electoral area; and

(c)a list of electors, being those persons who appear on the register of electors for the electoral wards in the Peterhead Harbours electoral area held by Aberdeenshire Council and last published in the year preceding the application date.

(2) Where:–

(a)a firm consisting of two or more partners, or a company appears in the said register of shipping or said register of British fishing vessels, or

(b)a firm consisting of two or more partners, or a company appears in the said valuation roll, or

(c)two or more persons appear jointly on the said valuation roll,

the said firm, company or persons or the manager or principal officer of such firm or company may on or before 1st September in each year intimate in writing to the trustees or to the chief executive the name of the partner of such firm or shareholder or director of such company or the name of one such person appearing on the register or valuation roll, as the case may be, who shall be qualified to be elected a trustee and to be an elector under the provisions of this section.

(3) Any persons considering themselves qualified to be elected as trustees or to be electors, whose names are not included in the said list may within 21 days of the date of publication of the list apply to the chief executive who may add the name of any such person to the list and, if the chief executive refuses or neglects to add the name to the list, such person may petition the sheriff within three days after intimation of such refusal and the sheriff shall forthwith hear and decide the petition in a summary manner without written record or pleadings.

(4) The decision of the sheriff shall be final and the sheriff may order any of the lists above to be amended in conformity with that decision and may make such order as to the expenses of the petition as the sheriff thinks fit.

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