PART IITHE BOARD

Transitional provisions10.

(1)

The nine members of the Sub-Committee of the Scrabster Harbour Trust Management Committee operating as the Board of Management shall become the members of the Board upon the coming into force of this Order.

(2)

On the new constitution date, all powers and duties of the Trustees shall vest in the Board except those given to the Trust Body by article 12, all assets and liabilities of the Trustees shall vest in the Trust, and the Trustees are extinguished, but the body corporate established by the Act of 1841 remains as a body corporate with perpetual succession.

(3)

At the first meeting of the Board after the coming into force of this Order, it shall decide—

(a)

which two of its non-executive members shall retire when the first set of appointments is made to the Board under this Order; and

(b)

which two of its non-executive members shall retire when the second set of appointments is made to the Board under this Order.

(4)

The remaining three Board non-executive members shall retire when the third set of appointments is made to the Board under this Order.

(5)

The requirements of article 5(6)(d) shall not apply to any arrangement made under paragraphs (3) and (4) of this article.

(6)

Section 43 of the 1841 Act shall continue to apply to any claim arising from a contract entered into before the date of coming into force of this Order.