The Yarmouth (Isle of Wight) Harbour Revision (Constitution) Order 2001

Constitution of Commissioners

4.—(1) This article shall have effect so that the first appointments of Commissioners made after the new constitution date under paragraph (2)(a) below shall be made by the Commissioners appointed before that date and all subsequent appointments to be made by the Commissioners under that paragraph or article 9 below shall be made by the Commissioners appointed after that date.

(2) Subject to article 6 below, on and after the new constitution date, the Commissioners shall consist of—

(a) four persons appointed by the Commissioners in consultation with the advisory body or bodies established pursuant to article 15 below;

(b) four persons appointed jointly by the Isle of Wight Council, Yarmouth Town Council, Freshwater Parish Council and Totland Parish Council; and

(c) the Chief Executive of the Commissioners.

(3) Each Commissioner appointed under paragraph (2) above shall be a person who appears to those persons making the appointment to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners 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) in the case of a Commissioner appointed under subparagraph (a) of that paragraph—

(i) commercial management;

(ii) accountancy or financial management;

(iii) harbours and marine related leisure activities;

(iv) ferry operations;

(b) in the case of a Commissioner appointed under subparagraph (b) of that paragraph—

(i) health and safety;

(ii) local transport, community relations and interests;

(iii) coastal environment;

(iv) the laws relating to England;

and the Commissioners and the Councils respectively shall secure, so far as reasonably practicable, that the Commissioners 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.

(4) In making an appointment under paragraph (2) above or article 9 below, the Commissioners and the Councils respectively shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.