The Scrabster Harbour Revision (Constitution) Order 2005

PART III THE TRUST BODY

Constitution of Trust Body

11.—(1) On and after the first application date there shall be a Trust Body consisting of—

(a) those persons who are, at that date, loan stock holders;

(b) those persons who are former Management Trustees;

(c) those persons who were appointed under article 5(5) or 10(1) of this Order and who no longer hold such office and whose office was not terminated under article 7(1);

(d) one person nominated by each household;

(e) two persons nominated by Highland Council;

(f) two persons nominated by the Caithness Chamber of Commerce;

(g) three persons nominated by the Wick and Scrabster Fish Traders Association;

(h) three persons nominated by the Caithness Fish Salesmen Association;

(i) two persons nominated by the Scottish White Fish Producers Association;

(j) two persons nominated by the Caithness Static Gear Association;

(k) one person nominated by the operators of the Scrabster/Orkney Lifeline Ferry Service;

(l) one person nominated by the Pentland Firth Yacht Club;

(m) one person nominated by the Royal National Lifeboat Institute;

(n) one person nominated by the Royal National Mission to Deep Sea Fishermen; and

(o) two persons nominated by the Harbour Users Group.

(2) The persons referred to in sub-paragraph (1)(a) shall hold office for their lifetimes.

(3) The persons referred to in sub-paragraphs (1)(b) and (1)(c) shall hold office for 10 years.

(4) The persons referred to in sub-paragraphs (1)(d) to (1)(o) shall hold office for three years, whereupon they shall be eligible for reappointment.

(5) The Trust Body may vary its composition from time to time following the passing of a resolution to that effect by a 70% majority of those present and voting, and all other matters shall be decided by a simple majority.

(6) The acts and proceedings of the Trust Body, or any committee of the Trust Body, shall not be invalidated by any vacancy in their number, or by any defect in the appointment, or the qualification for appointment, of any person as a Trust Body member, of the Trust Body or committee.

Powers of Trust Body

12.—(1) The Board shall consult the Trust Body on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour.

(2) The Board shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to it by the Trust Body whether or not the Trust Body was consulted by the Board on the matter, recommendation or representation so referred or made.

(3) The Board may regulate the procedures of the Trust Body to the extent that such regulation is not inconsistent with this Order.

(4) The Trust Body shall decide whether to endorse the promotion of Harbour Revision Orders by Scrabster Harbour Trust.

(5) The Board shall have regard to any decision of the Trust Body under paragraph (4), without prejudice to the statutory procedure for promotion of Harbour Revision Orders.

(6) The Trust Body shall determine its own quorum and appoint its own Chairman, to be known as the Preses.

(7) The Trust shall hold an annual general meeting at such time within six months of the end of the financial year (or in the year that this order comes into force, within nine months of the end of the financial year) and such place as the Board shall determine, which shall be open to the public.

(8) At annual general meetings of the Trust the Chairman of the Board shall preside, whom failing the Vice Chairman of the Board, or in their absence such other Board Member nominated by the Board for the purpose, and the Trust Body shall—

(a) decide whether to endorse the prospective Board members submitted to it by the appointing body; and

(b) receive and decide whether to endorse the annual statement of accounts submitted to it by the Board.

(9) If the Trust Body rejects the annual statement of accounts at any annual general meeting then the meeting shall be adjourned.

(10) The Trust Body may hold other meetings relating to matters set out at paragraph (2) at its own discretion.