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The Caernarfon Harbour Trust (Constitution) Harbour Revision Order 2012

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order reconstitutes the Caernarfon Harbour Trust. It also specifies the limits of Caernarfon Harbour (defined in article 2(1)) to include the existing harbour area (so defined) and an additional area (so defined), being that part of the Menai Strait known as “The Swellies”, (articles 2 and 13).

The Order provides in article 3 for the Trust to consist of a body of no more than ten trustees with experience in relevant matters and able to act as trustees of the Trust in accordance with article 7 (declaration to be made by a trustee as to financial or other interests), although no fewer than seven trustees able to act as trustees of the Trust will suffice. Three trustees are to be appointed by local authorities and six initially by the existing Trustees (so defined) and subsequently by the Trustees appointed under this Order, to act as trustees on and after the new constitution date (so defined). The Harbour Master (so defined) will also be a trustee. Not more than two additional trustees may be co-opted from time to time for a period of office not exceeding twelve months (article 6).

The Order provides rules governing the administration of the Trust (article 9 and Schedule 2), provides for indemnity insurance for the Trustees jointly and severally (article 10) and enables the Trust to carry on trades or businesses which conduce to the efficient and economical performance of its functions (article 11).

The Order revokes certain provisions of the Caernarfon Harbour Revision Order 1989 (S.I. 1989/2493) concerned with the composition of the Trust and the appointment, procedure and remuneration of trustees (article 12).

The Order provides for the establishment of an Advisory Committee to be consulted by the Trustees on the management, maintenance, improvement, conservation, protection or regulation of Caernarfon Harbour (article 15).

A full impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sectors is foreseen.

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