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The Lerwick Harbour Revision (Constitution) Order 2003

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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 Chairman of the Authority unless the Chairman has made an application under article 4, in which case another Member nominated by the Members;

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

(c)the Convener of Shetland Islands Council or the nominee of the Convener;

(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 by the first Friday of June 2003 and annually thereafter.

(3) The appointing body may interview such of the applicants as it sees fit.

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

(5) The appointing body shall decide which persons who have applied under article 3(1)(c) shall be appointed as Members.

(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 Members 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 oil industry;

(ix)safety;

(x)personnel management;

(xi)environmental matters affecting harbours;

(xii)local community interests;

(xiii)any other skills and matters considered relevant from time to time by the Members 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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