Article 12
1.—(1) The first meeting of the Board on or after the date on which it is first established under article 6 (establishment of a Board) must be convened by the Council as soon as reasonably practicable on or after that date and the Council must send notice of that meeting to each of the members of the Board.
(2) The Board must meet a minimum of four times in each year.
Commencement Information
I1Sch. 2 para. 1 in force at 14.7.2023, see art. 1(1)
2.—(1) The chair to be appointed by the Board must be a member of the Council appointed under article 7(1)(a).
(2) The first person taking office as chair after the establishment of the Board must be appointed as soon as practicable and, unless that person resigns as chair or ceases to be a member of the Board, is to continue in office as chair until the Council’s next annual general meeting.
(3) Subject to sub-paragraph (7), every person subsequently appointed as chair under sub-paragraph (1) is, unless that person resigns as chair or ceases to be a member of the Board, to hold office for a period of one year.
(4) There must be a vice-chair of the Board who is to be appointed by the Board from among the appointed members of the Board.
(5) The first person taking office as vice-chair after the establishment of the Board must be appointed as soon as practicable thereafter and is, unless that person resigns as vice-chair or ceases to be a member of the Board, to continue in office as vice-chair until the Council’s next annual general meeting.
(6) Subject to sub-paragraph (7), every person subsequently appointed as vice-chair under sub-paragraph (4) is, unless that person resigns as vice-chair or ceases to be a member of the Board, to hold office for a period of one year.
(7) If the appointed members of the Board are satisfied that the chair or vice-chair should cease to hold office as such, they may terminate the chair or vice-chair’s office as such and appoint another member of the Board to be chair or vice-chair during the remainder of the term for which the former chair or vice-chair was appointed.
(8) On a casual vacancy occurring in the office of chair or vice-chair of the Board, the vacancy must be filled by the Board at the next meeting of the Board held after the vacancy occurs.
(9) A member of the Board appointed under sub-paragraph (8) to fill a casual vacancy in the office of chair or vice-chair is, unless they resign that office or cease to be a member of the Board, to hold that office during the remainder of the term for which the chair or vice-chair being replaced was appointed.
(10) In the absence of the chair the person for the time being holding office as the vice-chair is to have and may exercise all the powers of the chair.
(11) If at a meeting of the Board neither the chair nor the vice-chair is present the members of the Board present must choose one of their number to be chair of the meeting.
Commencement Information
I2Sch. 2 para. 2 in force at 14.7.2023, see art. 1(1)
3.—(1) A member of the Board may resign that office at any time by giving notice in writing to the chair or if that member of the Board is the chair, the vice-chair.
(2) Any vacancy created by a member of the Board resigning must be treated as a casual vacancy.
Commencement Information
I3Sch. 2 para. 3 in force at 14.7.2023, see art. 1(1)
4.—(1) A chair of the Board who has served as the chair for three consecutive terms immediately beforehand is not eligible for reappointment as the chair.
(2) For the purposes of this paragraph, “term” does not include—
(a)a term served by the member of the Board as the chair under paragraph 2(2);
(b)the remainder of a term during which the chair was appointed to fill a casual vacancy in the office of the chair under paragraph 3.
Commencement Information
I4Sch. 2 para. 4 in force at 14.7.2023, see art. 1(1)
5.—(1) Every decision at a meeting of the Board must be decided by a majority vote of the Board members present and voting.
(2) If at any meeting of the Board there is an equality of votes on a decision, the chair of the meeting has a second or casting vote.
(3) The quorum required for a meeting of the Board is 5 and substitutes are not allowed.
(4) The Board must cause minutes to be made—
(a)of the names of members of the Board present at a meeting of the Board; and
(b)of all proceedings or resolutions at such meeting,
and such minutes, if signed by a person purporting to be chair of the meeting to which the minutes relate or of a subsequent meeting at which the minutes were approved as a correct record, is to be received in evidence without further proof.
(5) Until the contrary is proved, a meeting for which minutes have been so made or signed is to be deemed to have been duly convened and held and, if it was a meeting of a committee of the Board, that committee is to be deemed to have had power to deal with the subject of the minutes.
(6) A member of the Board who has any interest, direct or indirect—
(a)in any contract or proposed contract to which the Board are or would be a party, or is a director of a company or body with which the contract or proposed contract is made or proposed to be made;
(b)in any other matter with which the member of the Board is concerned,
must declare that interest.
(7) A member of the Board, who is present at a meeting of the Board at which a contract or other matter in which that matter in which the member has an interest is to be considered, must—
(a)as soon as is practicable after the commencement of that meeting, disclose that interest;
(b)not vote on any question with respect to that contract or matter; and
(c)withdraw from the meeting—
(i)at any time if so required by a resolution of the members of the Board present; and
(ii)while a decision on that contract or matter is being made.
(8) This paragraph does not apply to any interest which—
(a)a member of the Board has in respect of the payment to the Council of harbour dues;
(b)arises in respect of the provision of harbour services or facilities affecting the trading community in general;
(c)the members of the Board present at the meeting by resolution declare to be too remote.
Commencement Information
I5Sch. 2 para. 5 in force at 14.7.2023, see art. 1(1)
6.—(1) The Board may act notwithstanding a vacancy among the membership of the Board.
(2) No act of the Board is to be deemed to be invalid by reason of any—
(a)vacancy in their number;
(b)defect or irregularity in the appointment of any person as—
(i)a member of the Board,
(ii)chair or vice-chair of the Board.
Commencement Information
I6Sch. 2 para. 6 in force at 14.7.2023, see art. 1(1)
7. The Council may pay to the chair, vice-chair and other Board members such special attendance allowance and other expenses as the Council may from time to time determine.
Commencement Information
I7Sch. 2 para. 7 in force at 14.7.2023, see art. 1(1)
8. The Board shall be responsible for those matters set out in the Cornwall Harbours Board Memorandum of Understanding in force from time to time.
Commencement Information
I8Sch. 2 para. 8 in force at 14.7.2023, see art. 1(1)
9. No substantial amendment to the responsibilities of the Board under the Cornwall Harbours Board Memorandum of Understanding shall be made without first consulting with the Secretary of State.
Commencement Information
I9Sch. 2 para. 9 in force at 14.7.2023, see art. 1(1)
10. Subject to the provisions of this Schedule and the constitution of the Council, the procedure of the meetings of the Board is to be regulated in such manner as the Board may determine.
Commencement Information
I10Sch. 2 para. 10 in force at 14.7.2023, see art. 1(1)