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The Falmouth Harbour Revision (Constitution) Order 2004

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Disqualification of Commissioners

8.—(1) If the Commissioners are satisfied that a commissioner—

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

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

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

the Commissioners may by a resolution passed at a meeting of the Commissioners declare the office of that commissioner to be vacant.

(2) If the Commissioners are satisfied that a commissioner—

(a)has persistently acted in a manner calculated seriously to impede or prejudice the carrying on of the business of the Commissioners; or

(b)is in breach of the standards required for the governance of the harbour; or

(c)has acted in a manner inappropriate to the interests of the harbour or likely to bring the Commissioners into disrepute; or

(d)is otherwise unable or unfit to discharge the functions of a commissioner;

the Commissioners may request in writing the resignation of that commissioner or by a resolution passed at a meeting of the Commissioners declare the office of that commissioner to be vacant.

(3) Before passing a resolution under paragraph (2) above declaring the office of a commissioner to be vacant, the Commissioners shall provide that commissioner with an opportunity to make representations to them.

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