The Padstow Harbour Revision Order 1987

Article 10

SCHEDULE 2 PROVISIONS APPLYING TO THE COMMISSIONERS

1.  The first meeting of the Commissioners after the new constitution date shall be convened by the Clerk to the Commissioners as soon as reasonably possible after that date and the Clerk shall send notice of that meeting by post to each of the Commissioners.

2.—(1) At the first meeting of the Commissioners after the new constitution date and at the first meeting of the Commissioners in each year thereafter the Commissioners present at the meeting shall choose a Commissioner to act as their chairman and at that meeting or any subsequent meeting the Commissioners present may choose another Commissioner to act as deputy chairman.

(2) So long as they continue as Commissioners the persons chosen under sub-paragraph (1) above to act as chairman and deputy chairman respectively shall hold office as such from and including the meeting at which they are chosen until the next appointment of a chairman.

3.—(1) If any casual vacancy occurs in the office of chairman the Commissioners shall as soon as may be after the occurrence of such vacancy choose some other Commissioner to fill the vacancy.

(2) If any casual vacancy occurs in the office of deputy chairman the Commissioners may choose some other Commissioner to fill the vacancy.

(3) So long as they continue as Commissioners every person chosen under this paragraph to act as chairman or deputy chairman shall continue in office as such so long as the person in whose place he has been so chosen would have been entitled to continue in office if the casual vacancy had not occurred.

4.  In the absence of the chairman the person for the time being holding office as deputy chairman (if any) shall have and may exercise all the powers of the chairman.

5.  If at a meeting of the Commissioners neither the chairman nor the deputy chairman are present the Commissioners present in the meeting shall choose one of their number to be chairman for the meeting.

6.  The Commissioners may act notwithstanding a vacancy among the Commissioners and no act of the Commissioners shall be deemed to be invalid by reason of any irregularity in the apppointment of a Commissioner or of their chairman or deputy chairman.

7.  A Commissioner shall vacate his office if he—

(a) is adjudged bankrupt or makes a composition or arrangement with his creditors; or

(b) is convicted in the British Isles of any offence and ordered to be imprisoned for a period of not less than three months without the option of a fine; or

(c) has, for a period of four consecutive months, been absent from meetings of the Commissioners otherwise than by reason of illness or some other cause approved during the period by the Commissioners.

8.  A Commissioner may resign his office at any time by notice in writing given to the Clerk to the Commissioners.

9.  If at any meeting of the Commissioners there is an equality of votes on a question the chairman of the meeting shall have a second or casting vote.

10.  The quorum required for a meeting of the Commissioners shall be five and the Commissioners shall meet at least twelve times each year.

11.  If a Commissioner has any pecuniary interest 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 and is present at a meeting of the Commissioners at which that contract is the subject of consideration he shall at that meeting as soon as practicable after the commencement thereof disclose the fact and shall not vote on any question with respect to that contract.

12.  The Padstow Harbour Commissioners may pay their chairman and the other Commis-sioners such reasonable fees, allowances and travelling expenses as the Commissioners may from time to time determine:

Provided that no such payment shall exceed the maximum amount that would have been payable by way of attendance, travelling and subsistance allowances under section 173, 174 and 175 of the Local Government Act 1972(1) if the Commissioner concerned were a councillor and a member of a local authority (other than a parish or community council).

13.  Subject to the provisions of this Schedule the procedure and business of the Commissioner shall be regulated in such manner as the Commissioners may from time to time determine.

14.  The Commissioners may appoint such committees consisting of Commissioners as they see fit and may delegate to a committee apppointed under this paragraph any of their powers or duties except their power to borrow money.

(1)

1972 c. 70.