The Gloucester Harbour Revision Order 1994

PART II NEW CONSTITUTION

Constitution of Trustees

3.—(1) On and after the new constitution date the Trustees shall consist of not less than ten, nor more than thirteen, persons of whom ten shall be appointed as follows—

(a) three by the British Waterways Board;

(b) one, representative of shipowning interests trading to or within or using the harbour, jointly by the Chamber of Shipping and the Institute of Chartered Shipbrokers;

(c) one, representative of commercial interests other than the British Waterways Board trading to or within, or dependent upon, the harbour, by the Trustees holding office under the other sub-paragraphs of this paragraph after consultation with persons appearing to them to be representative of those commercial interests;

(d) one, representative of yachting interests, by the Royal Yachting Association;

(e) one by Nuclear Electric plc;

(f) one by the Gloucestershire County Council;

(g) one by the Gloucester City Council;

(h) one by the Stroud District Council.

(2) (a) There shall be added to the persons appointed under paragraph (1) above one person, representative of pilots, appointed by the Amalgamated Gloucester Pilots or, if that body ceases to have an identifiable existence, by the Trustees holding office under paragraph (1) above after consultation with other persons appearing to them to be representative of pilots.

(b) A person appointed under this paragraph shall cease forthwith to hold office and sub-paragraph (a) above shall cease to have effect if a majority of the authorised pilots for the harbour become employed by the Trustees under contracts of employment.

(3) In default of an appointment under paragraph (1)(b) above in accordance with paragraph (1) of article 4 of this Order, the trustees holding office under paragraphs (1) and (2) above shall, at a meeting at which not less than six of them are present, appoint a person appearing to them to be representative of shipowning interests.

(4) The trustees holding office under paragraphs (1) to (3) above may, at a meeting at which not less than six of them are present, appoint not more than two persons as additional trustees being in each case a person who in the opinion of the trustees appointing them has knowledge or experience which would be of value to the Trustees in the discharge of their functions; but a trustee holding office in right of an appointment made under this paragraph shall not vote respecting any appointment proposed under this paragraph.

(5) (a) A person appointed under paragraph (1)(b), (c) or (d) or 2(a) or (3) above shall be a person who appears to the person or persons appointing him to have had wide experience of, and shown capacity in, the interests to be represented by the person to be appointed or to have had in some other respect knowledge or experience which would be of value to the Trustees in the discharge of their functions.

(b) In appointing a person under paragraph (1)(b), (c) or (d) or (3) or (4) above, the person or persons appointing him shall have regard to the desirability of appointing someone who is familiar with the special requirements and circumstances of the areas predominantly served by the undertaking of the Trustees.

Appointment of Trustees

4.—(1) Each appointing authority shall not later than the new constitution date and not later than 1st June in every third year thereafter, appoint one or more persons in accordance with article 3 of this Order.

(2) Each trustee so appointed shall (unless he shall previously die or resign) hold office from 1st August next following his appointment for a term of three years and upon ceasing to hold office shall be eligible for reappointment.

(3) Each trustee appointed under paragraph (3) or (4) of article 3 shall (unless he shall previously die or resign) hold office for such period as may be fixed by the Trustees in making his appointment.

Provisions applying to Trustees

5.  On and after the new constitution date the Schedule to this Order shall have effect with respect to the Trustees.