The Ullapool Harbour Revision (Constitution) Order 2005

Interviews and selection

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 Convenor, unless the Convenor has made an application under article 4, in which case another Trustee nominated by the Trustees;

(b) a person who is not a Trustee who is nominated by the Trustees and considered by them to be representative of persons with an interest in Ullapool Harbour; and

(c) a person with no connection with Ullapool Harbour nominated by the Trustees in line with guidance in relation to such appointments issued or endorsed by Scottish Ministers.

(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 shall interview applicants as it sees fit.

(4) The appointing body shall decide—

(a) in a year in which Trustees are to be elected according to article 3(1)(a), which persons who have applied under article 4 shall be candidates in an election; and

(b) in a year in which Trustees are to be appointed according to article 3(1)(b), which persons who have applied under article 4 shall be appointed as Trustees.

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

(a) the special knowledge, experience or ability of applicants to contribute to the efficient and economic discharge by the Trustees of their functions;

(b) the special knowledge and experience of applicants of Ullapool Harbour and the practicalities of attendance at meetings and participation in the running of the harbour;

(c) the special knowledge, experience or ability of applicants in one or more of the following matters—

(i) management of harbours;

(ii) shipping or other forms of transport;

(iii) the fishing industry;

(iv) sailing and other water-related leisure activities;

(v) navigation;

(vi) industrial, commercial or financial matters;

(vii) administration;

(viii) the law relating to Scotland;

(ix) safety;

(x) personnel management;

(xi) environmental matters affecting harbours;

(xii) any other skills and matters considered relevant from time to time by the Trustees to the discharge by them of their functions;

(d) any guidance issued by the Scottish Ministers from time to time with respect to the exercise of such functions; and

(e) where not inconsistent with this Order, any guidance issued by the Commissioner for Public Appointments in Scotland.

(6) The appointing body shall not appoint as Trustee or select as a candidate for election a person who has served two previous terms of office after the new constitution date unless the appointing body considers that there are exceptional circumstances to justify a further term, and in no event should such a person be selected or appointed for a fourth term.