The Newlyn Pier and Harbour Revision (Constitution) Order 2010

Article 14

SCHEDULE 2 PROVISIONS APPLYING TO THE COMMISSIONERS

Meetings of Commissioners

1.—(1) The first meeting of the Commissioners on or after the new constitution date must be convened by the clerk as soon as reasonably possible on or after that date and the clerk must send notice of that meeting by post to each of the Commissioners.

(2) The Commissioners must meet at least six times in each year.

Chair and vice-chair of Commissioners

2.—(1) The chair is to be appointed by the Commissioners.

(2) The first person taking office as chair after the new constitution date is, unless that person resigns as chair or ceases to be a Commissioner, to continue in office as chair until that person’s initial term of office as a Commissioner has expired.

(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 Commissioner, to hold office for a period of three years.

(4) There must be a vice-chair of the Commissioners who is to be appointed by the Commissioners from among the appointed Commissioners.

(5) The first person taking office as vice-chair after the new constitution date must be appointed as soon as practicable after the new constitution date and is, unless that person resigns as vice-chair or ceases to be a Commissioner, to continue in office as vice-chair until his term of office as a Commissioners has expired.

(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 Commissioner, to hold office for a period of 3 years.

(7) If the appointed Commissioners are satisfied that the chair or vice-chair should cease to hold office as such, they may terminate his or her office as such and appoint another Commissioner 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 Commissioners, the vacancy must be filled by the Commissioners at a meeting held as soon as practicable after the vacancy occurs.

(9) A Commissioner appointed under sub-paragraph (8) to fill a casual vacancy in the office of chair or vice-chair is, unless he or she resigns that office or ceases to be a Commissioner, 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 vice- chair is to have and may exercise all the powers of the chair.

(11) If at a meeting of the Commissioners neither the chair nor the vice-chair is present the Commissioners present must choose one of their number to be chair of the meeting.

Vacation of office by Commissioners

3.  A Commissioner (other than the harbour management representative) may resign that office at any time by notice in writing given to the chair or if that Commissioner is the chair, the vice-chair.

Reappointment of Commissioners

4.—(1) Subject to the provisions of this Schedule, a vacating Commissioner is eligible for reappointment as a Commissioner unless disqualified from office under article 11 of this Order.

(2) Subject to sub-paragraph (3), a vacating appointed Commissioner, who has held office for three consecutive terms, is not eligible for reappointment as a Commissioner.

(3) A chair of the Commissioners who is an appointed Commissioner and who, immediately before the date in question, has held office for four consecutive terms is not eligible for reappointment as a Commissioner.

(4) For the purposes of this paragraph, “term” does not include—

(a) a term referred to in article 5(2)(a) or (b) of this Order; or

(b) the remainder of a term during which the Commissioner was appointed to fill a casual vacancy under article 8 of this Order.

Reappointment of chair

5.—(1) A chair of the Commissioners 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 Commissioner 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 2; or

(c) any term served by the chair as a Commissioner prior to the new constitution date.

Committees

6.  The Commissioners may, subject to such conditions as they think fit, delegate to a committee of the Commissioners any of their functions (other than the functions set out in paragraph 9B(a) to (f) of Schedule 2 to the Harbours Act 1964(1)).

Proceedings of Commissioners and Committees

7.—(1) Every question at a meeting of the Commissioners or a committee of the Commissioners must be decided by a majority vote of the Commissioners present and voting.

(2) If at any meeting of the Commissioners there is an equality of votes on a question, the chair of the meeting has a second or casting vote.

(3) The quorum required for a meeting of the Commissioners is five.

(4) The Commissioners must cause minutes to be made—

(a) of the names of Commissioners present at a meeting of the Commissioners or of a committee of the Commissioners; 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, that committee is to be deemed to have had power to deal with the subject of the minutes.

(6) A Commissioner who has any interest, direct or indirect—

(a) in any contract or proposed contract to which the Commissioners 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 Commissioners are concerned,

must declare that interest.

(7) A Commissioner, who is present at a meeting of the Commissioners or of any committee of the Commissioners at which a contract or other matter in which that Commissioner 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 Commissioners present; and

(ii) while a decision on that contract or matter is being made.

(8) This paragraph does not apply to any interest—

(a) which a Commissioner has in respect of the payment to the Commissioners of harbour dues;

(b) which arises in respect of the provision of harbour services or facilities affecting the trading community in general;

(c) which a Commissioner has as an employer of a public utility undertaking or as a shareholder, not being a director of a company, with a holding which does not exceed five per cent of the issued share capital of the company; or

(d) which the Commissioners present at the meeting by resolution declare to be too remote.

Validity of acts of Commissioners

8.  The Commissioners may act notwithstanding a vacancy among the Commissioners and no act of the Commissioners or of any committee of the Commissioners is to be deemed to be invalid by reason of any vacancy in their number or defect or irregularity in the appointment of any person as a Commissioner or as chair or vice-chair of the Commissioners or committee.

Authentication of seal

9.—(1) The application of the seal of the Commissioners must be authenticated by the signature of the chair or some other Commissioner authorised by the Commissioners to authenticate the application of the seal, and of the clerk or some person authorised by the Commissioners to act in the place of the clerk in that behalf.

(2) The Commissioners may authorise a person to act instead of the clerk under this paragraph whether or not the clerk is absent or incapable of acting.

Remuneration of Commissioners

10.  The Commissioners may pay to the chair and other Commissioners such salary, allowances and expenses as the Commissioners from time to time determine.

General

11.  The Commissioners may appoint upon such terms and conditions as they see fit such officers and servants as they may determine.

12.  Subject to the provisions of this Schedule, the procedure of the Commissioners is to be regulated in such manner as the Commissioners determine.

(1)

Paragraph 9B was inserted by the Transport and Works Act 1992(c.42) section 63 and Schedule 3, paragraph 9(5).