PART 1PRELIMINARY

Constitution of Authority4

1

On and after the beginning of the constitution date, the Peterhead Harbours Trustees shall be known as the Peterhead Port Authority and subject to article 6 below, shall consist of–

a

ten persons appointed by the Authority; and

b

the Chief Executive of the Authority by virtue of his office.

2

Each member appointed under paragraph (1)(a) above shall be a person who appears to the Authority to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Authority of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters–

a

management of harbours;

b

shipping or other forms of transport;

c

usage of port facilities;

d

industrial, commercial and financial matters including matters relating to the fishing, oil and gas, agricultural and manufacturing industries;

e

administration;

f

the organisation of employees;

g

sailing and other water-related activities;

h

maritime expertise;

i

financial management;

j

the laws relating to Scotland;

k

safety management;

l

commercial marketing;

m

information technology;

n

environmental matters affecting harbours;

o

civil engineering;

p

local government and local community interests;

q

any other skills and matters considered from time to time by the Authority to be relevant to the discharge by them of their functions;

and the Authority shall secure, so far as reasonably practicable, that the members appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.

3

In making an appointment under paragraph (1) above or article 9(1) below, the Authority shall act in accordance with any guidance issued by the Scottish Ministers from time to time with respect to the exercise of such functions.

4

A person who is employed by the Authority shall not be eligible for appointment as a member of the Authority under paragraph (1)(a) above or article 9(1) below while he is so employed.