The Poole Harbour Revision Order 2001

Article 12

SCHEDULE 2 PROVISIONS APPLYING TO THE COMMISSIONERS

Temporary Chairman

1.—(1) If at any meeting of the Commissioners the Chairman is not present the Commissioners present at the meeting shall choose one of their number (“the Temporary Chairman”) to be chairman of the meeting.

(2) The Temporary Chairman if so authorised by resolution of the Commissioners may exercise any function of the Chairman under any enactment.

Vacancies and irregularities not to invalidate acts of Commissioners

2.  The Commissioners may act notwithstanding a vacancy in their number and no act of the Commissioners shall be deemed to be invalid by reason of any irregularity in the appointment of any Commissioner, or by reason of any person irregularly acting as a Commissioner.

Committees

3.  The Commissioners may, subject to such conditions as they think fit, delegate any of their functions to a committee of the Commissioners other than the functions set out in sub-paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the Harbours Act 1964(1).

Meetings and procedure

4.—(1) The Commissioners shall meet no fewer than ten times in each calendar year and at intervals of not more than nine weeks.

(2) The Commissioners shall hold an annual meeting on 18th November in each year or on such other day as they may from time to time appoint.

(3) The quorum required for a meeting of the Commissioners shall be five.

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

(5) Subject to the provisions of this Order the procedure and business of the Commissioners shall be regulated in such manner as the Commissioners may from time to time determine.

Declaration of interests

5.—(1) If a Commissioner has any interest, direct or indirect—

(a) 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; or

(b) in any other matter with which the Commissioners are concerned,

he shall declare that interest.

(2) If a Commissioner is present at a meeting of the Commissioners or of any committee of the Commissioners at which a contract or other matter in which he has an interest is to be considered he shall—

(a) so soon as is practicable after the commencement of that meeting disclose his interest;

(b) not vote on any question with respect to that contract or matter; and

(c) withdraw from the meeting—

(i) at any time if the Commissioners present by resolution require him so to do; and,

(ii) while a decision on that contract or matter is being made.

(3) This paragraph shall not apply to any interest—

(a) which a Commissioner has in respect of the payment to the Commissioners of harbour dues;

(b) which arises in respect of the provision of harbour services or facilities affecting the public in general;

(c) which a Commissioner 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 Commissioners present at the meeting by resolution declare to be too remote.

Register of interests

6.  The Commissioners shall maintain and regularly update a register of interests declared by Commissioners, and shall make the register available for inspection by members of the public at all times during usual office hours.

Resignation of Commissioners

7.  A Commissioner may at any time while he is in office resign his office by notice in writing to the Chief Executive and also to the appointing authority by whom he was appointed.

Disqualification of Commissioners

8.—(1) This paragraph applies where a Commissioner—

(a) has been absent from meetings of the Commissioners for three consecutive months or more without the permission of the Commissioners;

(b) has become bankrupt or has made an arrangement with his creditors;

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

(d) has knowingly failed in a material respect to act in his capacity as a Commissioner independently of any particular interest;

(e) has been convicted of a criminal offence;

(f) has failed to declare a conflict of interest or otherwise acted improperly; or

(g) appears to a majority of the Commissioners to be unable, unfit or unwilling adequately to discharge his functions as a Commissioner.

(2) If the Commissioners are satisfied that this paragraph applies to any of their number, and that the Commissioner should be disqualified from office in consequence, the Commissioners may by resolution declare his office as a Commissioner to be vacant, and thereupon the office shall become vacant.

(3) For the purposes of sub-paragraph (1)(a) of this paragraph the attendance of a Commissioner at a meeting of any committee of the Commissioners of which he is a member shall be treated as attendance at a meeting of the Commissioners.

Removal of Chairman

9.—(1) The Commissioners may by resolution remove the Chairman from his position as such.

(2) A resolution under this paragraph shall not have the effect of removing the Chairman from his office as a Commissioner; but this sub-paragraph is without prejudice to any resolution under paragraph 8 of this Schedule declaring his office as a Commissioner to be vacant.

(3) Following the removal of the Chairman under this paragraph the Commissioners shall elect a new Chairman in accordance with section 37 of the 1847 Act.

Provisions as to resolutions

10.  A resolution under paragraph 8 of this Schedule proposing the removal of a Commissioner and a resolution under paragraph 9 of this Schedule proposing the removal of the Chairman—

(a) shall be extraordinary business for the purpose of section 43 of the 1847 Act; and

(b) shall not be effective unless passed by a majority of the whole number of the Commissioners.

Appointment of officers

11.—(1) The Commissioners shall appoint a Chief Executive, a harbour master and such other officers and employees as they may think necessary or expedient on such terms and conditions as they think fit.

(2) The Commissioners may authorise any other officer to discharge any function of the Chief Executive, other than his functions as a Commissioner.

Payments to Commissioners

12.  The Commissioners may pay to their Chairman or any other of their number such reasonable remuneration, allowance and expenses as they may determine.

(1)

Paragraph 9B was inserted by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 9.