The Peterhead Port Authority Harbour (Constitution) Revision Order 2005

PART 1 PRELIMINARY

Citation and commencement

1.—(1) This Order may be cited as the Peterhead Port Authority Harbour (Constitution) Revision Order 2005 and shall come into force on 5th October 2005.

(2) The Peterhead Harbours Orders 1985 to 2002(1) and the Peterhead Bay Authority Orders 1983 and 2002(2) and this Order may be cited together as the Peterhead Port Authority Orders 1983 to 2005.

Incorporation of section 60 of the Commissioners Clauses Act 1847

2.  Section 60 of the Commissioners Clauses Act 1847(3) shall be incorporated with this Order.

Interpretation

3.  In this Order–

“Authority” means the Peterhead Port Authority; or, in respect of any period prior to the beginning of the constitution date, the Trustees;

“Bay Authority” means the Peterhead Bay Authority;

“constitution date” means 1st January 2006;

“harbours of Peterhead” has the meaning given by sections 2 and 32 of the Peterhead Harbours Order Confirmation Act 1992(4);

“Panel” has the meaning given by article 5 below;

“Peterhead Bay Harbour” has the meaning given by article 2 of and Schedule 2 to the Peterhead Bay Harbour Trust and Transfer Order 1983(5) as amended by article 13 of the Peterhead Bay Harbour (Constitution) Revision Order 2002(6);

“transfer date” means 31st December 2005; and

“Trustees” means the Peterhead Harbours Trustees.

Constitution of Authority

4.—(1) On and after the beginning of the constitution date, the Peterhead Harbours Trustees shall be known as the Peterhead Port Authority and subject to article 6 below, shall consist of–

(a) ten persons appointed by the Authority; and

(b) the Chief Executive of the Authority by virtue of his office.

(2) Each member appointed under paragraph (1)(a) above shall be a person who appears to the Authority to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Authority 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–

(a) management of harbours;

(b) shipping or other forms of transport;

(c) usage of port facilities;

(d) industrial, commercial and financial matters including matters relating to the fishing, oil and gas, agricultural and manufacturing industries;

(e) administration;

(f) the organisation of employees;

(g) sailing and other water-related activities;

(h) maritime expertise;

(i) financial management;

(j) the laws relating to Scotland;

(k) safety management;

(l) commercial marketing;

(m) information technology;

(n) environmental matters affecting harbours;

(o) civil engineering;

(p) local government and local community interests;

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

and the Authority 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.

(3) In making an appointment under paragraph (1) above or article 9(1) below, the Authority shall act in accordance with any guidance issued by the Scottish Ministers from time to time with respect to the exercise of such functions.

(4) A person who is employed by the Authority shall not be eligible for appointment as a member of the Authority under paragraph (1)(a) above or article 9(1) below while he is so employed.

Initial Authority Appointment Panel

5.—(1) The convenor of the Trustees and the convener of the Bay Authority, acting jointly with the advice of the respective Chief Executives of the Trustees and of the Bay Authority shall appoint three persons, not being Trustees or members of the Bay Authority, to act as the Initial Authority Appointment Panel (in this Order referred to as “the Panel”); and the members of the Panel to be so appointed shall consist of–

(a) an independent assessor nominated by the Scottish Executive;

(b) the chief executive of Scottish Enterprise Grampian or such other senior officer of the Company as that chief executive may nominate; and

(c) the chief executive of Aberdeenshire Council or such other senior officer of the Council as that chief executive may nominate.

Appointment and terms of office of first members of Authority

6.—(1) The first members of the Authority to hold office under article 4(1)(a) above shall be appointed as soon as reasonably practicable by the Panel from among persons who are Trustees or members of the Bay Authority and who apply in writing not later than 1st November 2005 to the Panel to be so appointed.

(2) In making appointments under paragraph (1) above, the Panel shall, having first consulted with the convenor and Chief Executive of the Trustees and with the convener and Chief Executive of the Bay Authority, appoint five persons who are Trustees and five persons who are members of the Bay Authority.

(3) Of the members appointed by the Panel–

(a) three shall hold office from the beginning of the constitution date until 1st January 2007;

(b) three shall hold office from the beginning of the constitution date until 1st January 2008; and

(c) four shall hold office from the beginning of the constitution date until 1st January 2009;

as the Panel shall specify when they make each of those appointments.

Terms of office of subsequent members

7.  A member appointed under article 4(1)(a) above (other than a member appointed under article 6 above) shall, unless appointed to fill a casual vacancy and, subject to articles 8 and 10 of, and paragraph 11 of, Schedule 2 to, this Order, hold office for the period of three years from 1st January next following his appointment.

Declaration to be made by members

8.  No person shall act as a member of the Authority until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a member if he fails to make that declaration within three months of the date of his appointment.

Casual vacancies

9.—(1) A casual vacancy arising in the office of a member appointed by the Authority shall, in the discretion of the Authority, either be left vacant or be filled by the appointment of a member by the Authority in accordance with article 4(2) to (4) above.

(2) A member appointed to fill a casual vacancy under this article shall, subject to articles 8 and 10 of, and paragraph 11 of Schedule 2 to, this Order, hold office during the remainder of the term for which the member whom he replaces was appointed.

Disqualification of members

10.  If the Authority are satisfied that a member–

(a) has without the permission of the Authority been absent from meetings of the Authority–

(i) for a period during which three such meetings have been held; or

(ii) for a period of three consecutive months;

whichever of those periods is the longer; or

(b) has had an award of sequestration made against his estate or has made a trust deed for behoof of his creditors or a composition arrangement; or

(c) is incapacitated by physical or mental illness from discharging the functions of a member; or

(d) is otherwise unable, unwilling or unfit to discharge the functions of a member;

the Authority may declare his office as a member to be vacant and thereupon his office shall become vacant.

Incidental provisions relating to Authority

11.  On and after the end of the transfer date the provisions of Schedule 2 to this Order shall have effect with respect to the Authority.

PART 2 TRANSFER OF PETERHEAD BAY AUTHORITY'S FUNCTIONS, ETC.

Trustees to be harbour authority for Peterhead Bay Harbour

12.  On and from the end of the transfer date–

(a) all the trade (including the assets and liabilities) of the Bay Authority shall be transferred to, and become an integral part of the consequently enlarged trade of, the Trustees;

(b) the Trustees shall become the harbour authority for Peterhead Bay Harbour within the meaning of the Harbours Act 1964; and

(c) the harbours of Peterhead and the Peterhead Bay Harbour shall be known collectively as the “Port of Peterhead”.

Bay Authority to cease to be separate body corporate

13.  At the beginning of the constitution date the Bay Authority shall cease to be a separate body corporate and shall have the same corporate identity and common seal as the Authority.

Duties and powers of Authority in respect of Peterhead Bay Harbour

14.—(1) On and from the end of the transfer date the Authority shall have in respect of Peterhead Bay Harbour all the duties and powers imposed or conferred on the Bay Authority by any provision of the Peterhead Bay Authority Orders 1983 and 2002 in force immediately before that end.

(2) In consequence of paragraph (1) above, on and from the end of the transfer date any statutory provision of local application or document whatsoever (other than a document referred to in article 16 of this Order) shall, so far as it relates to Peterhead Bay Harbour, have effect (except where the context otherwise requires and subject to any necessary modifications) as if, for any reference however worded and whether express or implied–

(a) to the Bay Authority, there were substituted a reference to the Authority; and

(b) to any officer or employee of the Bay Authority, there were substituted a reference to the officer or employee of the Authority who corresponds as nearly as may be to the first mentioned officer or employee.

Byelaws etc.

15.  On and from the end of the transfer date any byelaw, regulation, licence or consent made, issued or granted by the Bay Authority in relation to Peterhead Bay Harbour and in force immediately before that end shall, notwithstanding the making of this Order, continue in force and be deemed to have been made, issued or granted by the Authority.

Saving of agreements etc.

16.  All sales, conveyances, leases, grants, assurances, deeds, contracts, bonds, agreements, notices and demands affecting the undertaking of the Bay Authority and in force immediately before the end of the transfer date shall (in so far as they relate to that undertaking) on and from that end be as binding and of as full force and effect as respects anything occurring or falling to be done on and after the end of the transfer date and may be enforced as fully and effectively against or in favour of the Authority as if the Authority had been a party thereto or bound thereby or entitled to the benefit thereof in their own right.

Continuance of proceedings

17.  Nothing in this Order shall release, discharge or suspend any action, arbitration or other proceeding, or any cause of action, arbitration or other proceeding, pending or existing immediately before the constitution date by or in favour of or against the Bay Authority, in relation to the undertaking of the Bay Authority and any such action, arbitration or proceeding or cause of action, arbitration or proceeding (other than an action, arbitration or proceeding which is or may be an issue between the Bay Authority and the Trustees) may be maintained, prosecuted or continued by or in favour of or against the Authority and may be amended in such manner as may be necessary for that purpose.

PART 3 MISCELLANEOUS

Indemnity insurance for Authority

18.  The Authority may enter into, and pay premiums for, a contract of insurance to indemnify the members jointly or severally against personal liability arising from any act or omission of the members or of any of them; not being an act or omission which the member or members in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach.

Borrowing powers

19.  The Authority may from time to time borrow, by any methods they see fit, such sums of money as they think necessary for the purposes of meeting their obligations in carrying out their functions; and where moneys are borrowed by the Authority under this article, the Authority may, if they see fit, borrow those moneys upon the security of their assets for the time being or of their revenues or of both their assets and their revenues.

Statements of accounts of Authority

20.  As soon as reasonably practicable after their annual statement of accounts is prepared, the Authority shall make available a copy of the statement for a period of three months from the date of approval of the accounts by the Authority, at the offices of the Authority for inspection free of charge by members of the public and shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied with a copy.

Revocations

21.  On the constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order (which include spent enactments) shall be revoked to the extent specified in the third column of that Schedule.

DAVID M HART

A member of the staff of the Scottish Ministers

Victoria Quay, Edinburgh

4th October 2005