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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Aberdeen Harbour Revision (Constitution) Order 2002 URL: http://www.bailii.org/scot/legis/num_reg/2002/20020310.html |
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Whereas the Aberdeen Harbour Board have applied for a harbour revision order under section 14 of the Harbours Act 1964[1] (hereinafter called "the Act"): Now therefore the Scottish Ministers in exercise of the powers conferred upon them by section 14 of the Act[2] and of all other powers enabling them in that behalf, hereby make the following Order: - Citation and commencement 1. - (1) This Order may be cited as the Aberdeen Harbour Revision (Constitution) Order 2002 and shall come into force on 25th June 2002. (2) The Aberdeen Harbour Orders 1960 to 1992 and this Order may be cited together as the Aberdeen Harbour Orders 1960 to 2002. Incorporation of section 60 of the Commissioners Clauses Act 1847 2. Section 60 of the Commissioners Clauses Act 1847 shall be incorporated with this Order. Interpretation 3. In this Order -
Constitution of Board
(b) the Chief Executive of the Board; and (c) two other senior officers of the Board as may, from time to time, be specified by the members appointed under subparagraph (a) above.
(2) Each member appointed under paragraph (1)(a) above shall be a person who appears to the Board to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Board of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters -
(b) shipping or other forms of transport; (c) usage of port facilities; (d) industrial, commercial and financial matters including, in particular, but without prejudice to the foregoing, matters relating to the oil industry; (e) administration; (f) the organisation of employees; (g) the fishing industry; (h) financial management; (i) the laws relating to Scotland; (j) safety management; (k) commercial marketing; (l) information technology; (m) environmental matters affecting harbours; (n) civil engineering; (o) local community interests; and (p) any other skills and matters considered from time to time by the Board to be relevant to the discharge by them of their functions;
and the Board shall secure, so far as reasonably practicable, that the members appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
(b) two shall hold office from the new constitution date until 31st December 2004; (c) two shall hold office from the new constitution date until 31st December 2005;
as the Board shall specify when they make each of those appointments.
(ii) for a period of three consecutive months;
whichever of those periods is the longer; or
the Board may declare his office as a member to be vacant and thereupon his office shall become vacant. ABERDEEN HARBOUR BOARD ABERDEEN HARBOUR ORDERS 1960 TO 2002 DECLARATION I, [FULL NAME] do solemnly declare (1) that I will faithfully and impartially, according to the best of my skill and judgement, execute all the powers and authorities vested in me as a member of the Aberdeen Harbour Board by virtue of the Aberdeen Harbour Orders 1960 to 2002; (2) that I have read and understood the Standing Orders of the Board and the documents entitled "Note for Guidance of members on the Disclosure of Financial and Other Interests" and "Duties of members" and that I will comply with the requirements as to the disclosure of such interests, laid down by paragraph 18 of Schedule 2 to the Aberdeen Harbour Revision (Constitution) Order 2002, and in particular that:
(b) I will in future notify the Chief Executive forthwith of any alteration in those interests, of any new interest, such as is mentioned in those Standing Orders and documents, which I may acquire.
Note:- Where the declaration is to be made by the Chief Executive, the Form shall be amended so that, for references to "the Chief Executive", there are substituted references to "the chair" 1. There shall be a chair of the Board who shall be appointed by those of the members who are appointed under article 4(1)(a) or 8 above from among their number. 2. The first chair appointed under article 5(2) above shall, subject to paragraph 7 below and unless he resigns his office as chair or ceases to be a member, continue in office as chair until his initial term of office as a member has expired. 3. Subject to paragraph 7 below, every chair subsequently appointed under paragraph 1 above shall, unless he resigns his office as chair or ceases to be a member, hold office for a period of one year. 4. There shall be a vice-chair of the Board who shall be appointed by those of the members who are appointed under article 4(1)(a) or 8 above from among their number. 5. The first vice-chair appointed under article 5(3) above shall, subject to paragraph 7 below, and, unless he resigns his office as vice-chair or ceases to be a member, continue in office as vice-chair until his initial term of office as a member has expired. 6. Subject to paragraph 7 below, every vice-chair subsequently appointed under paragraph 4 above shall, unless he resigns his office as vice-chair or ceases to be a member, hold office for a period of one year. 7. If those of the members who are appointed under article 4(1)(a) or 8 above are satisfied that the chair or vice-chair should cease to hold his office as such, they may terminate his office as such and appoint another member to be the chair or vice-chair during the remainder of the term for which the former chair or vice-chair was appointed. 8. - (1) On a casual vacancy occurring in the office of chair or vice-chair of the Board, the vacancy shall be filled by those of the members who are appointed under article 4(1)(a) or 8 above at a meeting held as soon as practicable after the vacancy occurs. (2) A member appointed under this paragraph to fill a casual vacancy in the office of chair or vice-chair shall, unless he resigns that office or ceases to be a member, hold that office during the remainder of the term for which the chair or vice-chair whom he replaces was appointed. 9. - (1) The first meeting of the reconstituted Board shall be convened within one month after the new constitution date. (2) The Board shall meet at least six times in every year. 10. - (1) Meetings of the Board shall be convened by the secretary. (2) Every meeting shall be convened by circular delivered to each member of the Board or sent by post to his residence or to his place of business five clear days at least before the day of the meeting: Provided -
(b) that want of notice to any member of the Board shall not affect the validity of a meeting.
11.
- (1) Minutes of the proceedings of a meeting of the Board shall be drawn up by or on behalf of the secretary and shall be submitted to the meeting for approval as a record of the meeting and signed at the meeting by the person presiding thereat or shall be so submitted to the next ensuing ordinary meeting of the Board for like approval and signed by the person presiding at that next ensuing meeting and without prejudice to any of the other provisions of this Order any minute purporting to be so signed shall be received in evidence without further proof. 12. A member (other than the members referred to in article 4(1)(b) and (c)) may resign his office at any time by notice in writing given to the chair of the Board or, if that member is the chair, the vice-chair. 13. - (1) Subject to the provisions of this Schedule, a vacating member shall be eligible for reappointment as a member unless he has been disqualified from office under article 9 above. (2) A vacating appointed member shall not be eligible for reappointment as a member where, immediately before the date in question, he has held office for three consecutive terms unless he is the chair of the Board. (3) A chair of the Board who is an appointed member shall not be eligible for reappointment as a member where, immediately before the date in question, he has held office as a member for four consecutive terms. (4) For the purposes of this paragraph, "term" does not include:-
(b) the remainder of a term during which the member was appointed to fill a casual vacancy under article 8 above; or (c) any term served by the member prior to the new constitution date.
(5) In this paragraph "appointed member" means a member appointed under article 4(1)(a) above. 14. - (1) A chair of the Board shall not be eligible for reappointment as the chair where, immediately before the date in question, he has served as chair for nine consecutive terms. (2) For the purposes of this paragraph, "term" does not include -
(b) any term served by the member as chair prior to the new constitution date.
15.
- (1) Subject to subparagraph 2 below, the Board may, consistently with their duties and subject to such conditions as they think fit, delegate any of their functions to a committee of the Board and the chair and vice-chair of the Board shall be ex-officio members of any committee of the Board unless they or either of them expressly request to be excluded therefrom.
(b) the appointment or dismissal of the general manager, secretary, treasurer, engineer, collector or harbour master of the Board; (c) the appointment or dismissal of a solicitor to the Board.
16.
- (1) The acts and proceedings of the Board, or of any committee of the Board, shall not be invalidated by any vacancy in their number or by any defect in the appointment, or the qualification for appointment, of any person as a member, or as chair or vice-chair, of the Board or committee.
(b) in any other matter with which the Board are concerned,
he shall declare that interest.
(b) not vote on any question with respect to that contract or matter; and (c) withdraw from the meeting during the consideration and decision on the matter unless members present require him not to do so.
(3) This paragraph shall not apply to any interest -
(b) which arises in respect of the provision of harbour services or facilities affecting the trading community in general; (c) which a member has as an employee of a public utility undertaking or as a shareholder, not being a director of a company, unless he possesses more than five per cent of the issued share capital of that company; or (d) which the members present at the meeting by resolution declare to be too remote.
19.
The person for the time being holding office as vice-chair shall have and may exercise in the absence or incapacity of the chair all the functions of the chair. 22. - (1) A deed to which the Board are a party shall be held to be validly executed on behalf of the Board whether attested by witnesses or not if it is sealed with the common seal of the Board and subscribed on behalf of the Board by two members and the secretary. (2) Any notice, licence or other document given or issued by the Board shall, unless the contrary intention is expressed, be sufficiently authorised if signed by the Chief Executive of the Board or a duly authorised officer of the Board. 23. The Board may pay to the chair and other members such salary, allowances and expenses as the Board from time to time determine. 24. Subject to the provisions of this Schedule, the procedure and business of the Board and of any committee of the Board shall be regulated in such manner as the Board may from time to time determine.
EXPLANATORY NOTE (This note is not part of the Order) This Order reconstitutes the Aberdeen Harbour Board as from 1st January 2003. It provides for the Board to consist of a body of twelve members with experience in relevant matters. Nine persons will be appointed by the Board. The Chief Executive and two other senior officers of the Board will also hold office as members. Under the terms of the Order the appointed members will retire in rotation. The Order also includes other provisions with respect to the Board's constitution including provisions for the protection of the members from personal liability in the discharge of their functions. The Order amends the Board's borrowing powers, amends existing statutory requirements as to the Board's accounts and repeals or revokes certain statutory provisions. [1] 1964 c.40; section 14 and Schedule 3 were amended by the Transport Act 1981 (c.56), section 18 and Schedule 6, paragraphs 2 to 4, 12 and 14; and by the Transport and Works Act 1992 (c.42), section 63 and Schedule 3, paragraphs 1 and 10.back [2] Section 14(7) contains a definition of "the appropriate Minister" relevant to the exercise of the powers under which this Order is made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back [3] Paragraph 9B was inserted by the Transport and Works Act 1992 (c.42), section 63(1) and Schedule 3, paragraph 9.back
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| © Crown copyright 2002 | Prepared 11 July 2002 |
