1.—(1) This Order may be cited as the Peterhead Port Authority Harbour (Constitution) Revision Order 2005 and shall come into force on 5th October 2005.
(2) The Peterhead Harbours Orders 1985 to 2002(1) and the Peterhead Bay Authority Orders 1983 and 2002(2) and this Order may be cited together as the Peterhead Port Authority Orders 1983 to 2005.
2. Section 60 of the Commissioners Clauses Act 1847(3) shall be incorporated with this Order.
3. In this Order–
“Authority” means the Peterhead Port Authority; or, in respect of any period prior to the beginning of the constitution date, the Trustees;
“Bay Authority” means the Peterhead Bay Authority;
“constitution date” means 1st January 2006;
“harbours of Peterhead” has the meaning given by sections 2 and 32 of the Peterhead Harbours Order Confirmation Act 1992(4);
“Panel” has the meaning given by article 5 below;
“Peterhead Bay Harbour” has the meaning given by article 2 of and Schedule 2 to the Peterhead Bay Harbour Trust and Transfer Order 1983(5) as amended by article 13 of the Peterhead Bay Harbour (Constitution) Revision Order 2002(6);
“transfer date” means 31st December 2005; and
“Trustees” means the Peterhead Harbours Trustees.
4.—(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.
5.—(1) The convenor of the Trustees and the convener of the Bay Authority, acting jointly with the advice of the respective Chief Executives of the Trustees and of the Bay Authority shall appoint three persons, not being Trustees or members of the Bay Authority, to act as the Initial Authority Appointment Panel (in this Order referred to as “the Panel”); and the members of the Panel to be so appointed shall consist of–
(a)an independent assessor nominated by the Scottish Executive;
(b)the chief executive of Scottish Enterprise Grampian or such other senior officer of the Company as that chief executive may nominate; and
(c)the chief executive of Aberdeenshire Council or such other senior officer of the Council as that chief executive may nominate.
6.—(1) The first members of the Authority to hold office under article 4(1)(a) above shall be appointed as soon as reasonably practicable by the Panel from among persons who are Trustees or members of the Bay Authority and who apply in writing not later than 1st November 2005 to the Panel to be so appointed.
(2) In making appointments under paragraph (1) above, the Panel shall, having first consulted with the convenor and Chief Executive of the Trustees and with the convener and Chief Executive of the Bay Authority, appoint five persons who are Trustees and five persons who are members of the Bay Authority.
(3) Of the members appointed by the Panel–
(a)three shall hold office from the beginning of the constitution date until 1st January 2007;
(b)three shall hold office from the beginning of the constitution date until 1st January 2008; and
(c)four shall hold office from the beginning of the constitution date until 1st January 2009;
as the Panel shall specify when they make each of those appointments.
7. A member appointed under article 4(1)(a) above (other than a member appointed under article 6 above) shall, unless appointed to fill a casual vacancy and, subject to articles 8 and 10 of, and paragraph 11 of, Schedule 2 to, this Order, hold office for the period of three years from 1st January next following his appointment.
8. No person shall act as a member of the Authority until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a member if he fails to make that declaration within three months of the date of his appointment.
9.—(1) A casual vacancy arising in the office of a member appointed by the Authority shall, in the discretion of the Authority, either be left vacant or be filled by the appointment of a member by the Authority in accordance with article 4(2) to (4) above.
(2) A member appointed to fill a casual vacancy under this article shall, subject to articles 8 and 10 of, and paragraph 11 of Schedule 2 to, this Order, hold office during the remainder of the term for which the member whom he replaces was appointed.
10. If the Authority are satisfied that a member–
(a)has without the permission of the Authority been absent from meetings of the Authority–
(i)for a period during which three such meetings have been held; or
(ii)for a period of three consecutive months;
whichever of those periods is the longer; or
(b)has had an award of sequestration made against his estate or has made a trust deed for behoof of his creditors or a composition arrangement; or
(c)is incapacitated by physical or mental illness from discharging the functions of a member; or
(d)is otherwise unable, unwilling or unfit to discharge the functions of a member;
the Authority may declare his office as a member to be vacant and thereupon his office shall become vacant.
11. On and after the end of the transfer date the provisions of Schedule 2 to this Order shall have effect with respect to the Authority.
1986 c.v, 1992 c.xii, S.I. 1996/2755 (s.212), S.I. 1998/1215 (s.63) and S.S.I 2002/504.
S.I. 1983/316 (s.26) and S.S.I. 2002/294.
S.I. 1983/316 (s.26).