The Stornoway Port Authority Harbour Revision Order 2019

PART 2 CONSTITUTION

Membership of the Authority

3.—(1) On and after the new constitution date the Authority shall consist of—

(a) at least seven but no more than nine persons appointed by the Authority, and

(b) the Chief Executive of the Authority.

(2) Members appointed prior to the new constitution date shall retain office as members until the end of their existing term of office and the provisions of this Order will apply to these members from the new constitution date.

(3) Members appointed under article 5 shall, unless appointed to fill a casual vacancy and subject to the provisions of this Order, hold office for the period of three years from the relevant appointment date.

Applications to the Authority

4.—(1) All persons seeking appointment under article 5 shall submit an application form to the Authority by the application date in the year of the appointment date.

(2) The Authority shall cause the application date and application procedure to be published in a prominent place on the Authority’s website.

(3) The application form shall contain the following information—

(a) the name and address of the applicant,

(b) a declaration of interests in such form as may be prescribed by the Authority from time to time containing particulars of all sources of income, business interests, securities held, interest in any land in the vicinity of the harbour and any other matter which might reasonably be conceived as having the potential to lead to a conflict of interest with the duties of a member,

(c) such other information as the Authority may see fit to require, and

(d) such biographical information as the applicant sees fit to supply.

Appointment as a member

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 Chair of the Authority unless the Chair has made an application under article 4, in which case another member nominated by the members, and

(b) two persons who are not members of the Authority selected by the Chair of the Authority and the Chief Executive of the Authority who are considered by them to be independent of the Authority.

(2) The appointing body shall meet as soon as practicable after the application date to consider the applications made under article 4.

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

(4) The appointing body shall decide which persons who have applied under article 4 shall be appointed as members.

(5) The appointing body shall have regard to the following considerations when making decisions under paragraphs (3) and (4)—

(a) the special knowledge, experience or ability of applicants to contribute to the efficient, effective 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) usage of port facilities,

(iii) commercial shipping activities,

(iv) industrial, commercial and financial matters,

(v) the organisation of employees,

(vi) the fishing industry,

(vii) financial management,

(viii) the law relating to Scotland,

(ix) safety management,

(x) commercial marketing,

(xi) environmental matters affecting harbours,

(xii) recreational, sporting and leisure activities including, without prejudice to the generality, recreational and competitive boating activities,

(xiii) civil engineering,

(xiv) local government, and

(xv) any other skills and matters considered from time to time by the Authority to be relevant to the discharge of its functions.

(c) any guidance issued by the Scottish Ministers from time to time with respect to the exercise of such functions.

Persons who may not be members

6.—(1) The appointing body may not appoint a person as a member of the Authority if the person—

(a) has within 5 years of the date on which the appointment would take effect, been sentenced (following conviction for an offence in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic) to imprisonment for a period of not less than 3 months, whether suspended or not, without the option of a fine,

(b) is an undischarged bankrupt,

(c) with the exception of the Chief Executive of the Authority is an employee of the Authority, or

(d) has been disqualified under article 8.

(2) For the purposes of sub-paragraph (1)(b), “undischarged bankrupt” means a person—

(a) whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force),

(b) who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it),

(c) who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 2016 or the Insolvency Act 1986,

(d) who is the subject of a bankruptcy restriction undertaking entered into under either of those Acts,

(e) who has been adjudged bankrupt (and has not been discharged), or

(f) who is subject to any other kind of order, arrangement or undertaking analogous to those described in paragraphs (a) to (e), anywhere in the world.

(3) No person shall be capable of acting as a member without having signed and delivered to the Chief Executive of the Authority a declaration in the terms set out in schedule 2 of this Order and a person shall cease to be a member if that declaration has not been made within three months of the date of appointment.

Resignation of members

7.  A member may resign at any time by giving notice in writing to the Chair of the Authority.

Disqualification of members

8.  If the Authority is satisfied that a member—

(a) has without the permission of the Authority been absent from meetings of the Authority for three consecutive meetings,

(b) has become bankrupt or made an arrangement with his creditors,

(c) is incapacitated by physical or mental illness from discharging the functions of a member, or

(d) is otherwise unable or unfit to discharge the functions of a member,

the Authority may declare the office of such a person to be vacant and thereupon the office shall become vacant.

Power to co-opt additional members

9.  The members referred to in articles 3(1) and 10 may at any time co-opt not more than two persons to serve as a member for such period not exceeding twelve months as the Authority may specify at the time of co-option.

Casual vacancies

10.—(1) A casual vacancy shall arise in the event of the death, disqualification, or vacation of office by a member, before the end of that member’s term of office as specified in accordance with article 3 (or as the case may be article 9), or the failure of a member to make a declaration under article 6.

(2) A casual vacancy arising in the office of a member shall be filled by the appointment of a suitable person in terms of articles 5(5) and 6 by the other members.

(3) A member appointed to fill a casual vacancy under this article shall hold office (unless that person previously dies or otherwise ceases to be a member) during the remainder of the term for which the member in whose place that person was appointed, would, in ordinary course, have continued in office.

Incidental provisions relating to the Authority

11.  On and after the new constitution date, the provisions of schedule 1 of this Order shall have effect with respect to the Authority.