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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 of Commissioners unless the Convenor has made an application under article 4, in which case another Commissioner nominated by the Commissioners;
(b)a person who is not a Commissioner, who shall be nominated by the Commissioners and considered to represent the interests of one or more groups of persons interested in Fraserburgh Harbour; and
(c)an independent person appointed by the Commissioners.
(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 which persons who have applied under article 4(1) shall be appointed as Commissioners and shall make those appointments accordingly.
(5) The appointing body shall have particular regard to the following considerations when making appointments under paragraph (4)—
(a)the special knowledge, experience or ability of applicants to contribute to the efficient and economic discharge by the Commissioners of their functions;
(b)the special knowledge and experience of applicants of Fraserburgh Harbour and the practicalities of attendance at meetings and participation in the running of Fraserburgh 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 Commissioners to the discharge by them of their functions; and
(d)where not inconsistent with this Order any guidance issued by the Scottish Ministers from time to time with respect to the exercise of such functions.
(6) Any employee appointed as a Commissioner under this Order shall occupy the office of Commissioner in addition to their position as employee.
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