The Berwick Upon Tweed Harbour Revision (Constitution) Order 2009

SCHEDULES

Article 8

SCHEDULE 1 FORM OF DECLARATION BY COMMISSIONERS

Article 12

SCHEDULE 2 INCIDENTAL PROVISIONS RELATING TO COMMISSIONERS

Appointment of Chairman and Vice-Chairman of Commissioners

1.  There shall be a Chairman of the Commissioners who shall be appointed, as soon as practicable after the new constitution date, by those of the Commissioners who are appointed under article 4(1)(a) or 9 from among their number.

2.  The first person appointed under paragraph 1 shall, subject to paragraph 7 and unless that person resigns office as Chairman or ceases to be a Commissioner, continue in office as Chairman until that person’s initial term of office as a Commissioner has expired.

3.  Subject to paragraph 7, every Chairman subsequently appointed under paragraph 1 shall, unless that Chairman resigns office as Chairman or ceases to be a Commissioner, hold office for a period of three years.

4.  There shall be a Vice-Chairman of the Commissioners who shall be appointed, as soon as practicable after the new constitution date, by those of the Commissioners who are appointed under article 4(1)(a) or 9 from among their number.

5.  The first person appointed under paragraph 4 shall, subject to paragraph 7, and unless that person resigns office as Vice-Chairman or ceases to be a Commissioner, continue in office as Vice-Chairman until that person’s initial term of office as a Commissioner has expired.

6.  Subject to paragraph 7, every Vice-Chairman subsequently appointed under paragraph 4 shall, unless that Vice-Chairman resigns office as Vice-Chairman or ceases to be a Commissioner, hold office for a period of two years.

7.  If those of the Commissioners who are appointed under article 4(1)(a) or 9 are satisfied that a person appointed as Chairman or Vice-Chairman should cease to hold office as such, they may terminate that appointment and appoint another Commissioner to be the Chairman or Vice- Chairman during the remainder of the term for which the former Chairman or Vice-Chairman was appointed.

8.—(1) On a casual vacancy occurring in the office of Chairman or Vice-Chairman of the Commissioners, the vacancy must be filled by those of the Commissioners who are appointed under article 4(1)(a) or 9 appointing one of their number to the vacant office at a meeting held as soon as practicable after the vacancy occurs.

(2) A Commissioner appointed under this paragraph to fill a casual vacancy in the office of Chairman or Vice-Chairman shall, unless that Commissioner resigns that office or ceases to be a Commissioner, hold that office during the remainder of the term for which the Chairman or Vice-Chairman whom that Commissioner replaces was appointed.

Meetings of Commissioners

9.—(1) The first meeting of the Commissioners after the new constitution date must be convened as soon as practicable by the Clerk for such date as the Clerk may fix; and the Clerk must make arrangements for notice of that meeting to be sent by post to each of the Commissioners.

(2) The Commissioners must meet at least six times in every year.

Vacation of office by Commissioners

10.  A Commissioner (other than the Harbour Master) may resign as Commissioner at any time by notice in writing given to the Chairman of the Commissioners or, if that Commissioner is the Chairman, the Vice-Chairman.

Reappointment of Commissioners

11.—(1) Subject to the provisions of this Schedule, a Commissioner who has completed that Commissioner’s term of office as a Commissioner shall be eligible for reappointment as a Commissioner.

(2) Subject to sub-paragraph (3), a Commissioner who—

(a) is not the Chairman of the Commissioners; and

(b) has completed three consecutive terms of office

is not eligible for reappointment as a Commissioner until a period of three years has elapsed from the date on which that person vacated the office of Commissioner.

(3) A Chairman of the Commissioners who—

(a) is an appointed Commissioner; and

(b) has completed four consecutive terms of office as a Chairman of the Commissioners before vacating that office

is not eligible for reappointment as a Commissioner.

(4) For the purposes of sub-paragraphs (2) and (3), “terms” does not include—

(a) a term referred to in article 5(4)(a) or (b);

(b) the remainder of a term during which the Commissioner was appointed to fill a casual vacancy under article 9; or

(c) any term served by the Commissioner prior to the new constitution date.

(5) In this paragraph “appointed Commissioner” means a Commissioner appointed under article 4(1)(a).

Reappointment of Chairman

12.—(1) A Chairman of the Commissioners who has held the office of Chairman for three consecutive terms before vacating that office shall not be eligible for reappointment as the Chairman of the Commissioners until a period of three years has elapsed from the date on which that person vacated the office of Chairman of the Commissioners.

(2) For the purposes of sub-paragraph (1), “term” does not include—

(a) a term served by the Commissioner as Chairman under paragraph 2 where that term is less than 3 years;

(b) the remainder of a term during which the Commissioner was appointed to fill a casual vacancy in the office of Chairman under paragraph 8; or

(c) any term served by the Commissioner as Chairman prior to the new constitution date.

Committees

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

Proceedings of Commissioners and committees and declaration of interests

14.  The acts and proceedings of the Commissioners, or of any committee of the Commissioners, 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 Commissioner, or as Chairman or Vice-Chairman, of the Commissioners or committee.

15.  The quorum required for a meeting of the Commissioners is five.

16.—(1) A Commissioner who—

(a) has any interest, direct or indirect in any contract or proposed contract to which the Commissioners are or would be a party;

(b) is a director of a company or body with which any such contract or proposed contract is made or proposed to be made; or

(c) has any interest, direct or indirect, in any other matter with which the Commissioners are concerned,

must declare that interest.

(2) A Commissioner who is present at a meeting of the Commissioners or of any committee of the Commissioners at which a contract or other matter in which that Commissioner has an interest is to be considered must—

(a) as soon as is practicable after the commencement of that meeting disclose that 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 other Commissioners present so require by resolution; and

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

(3) This paragraph does 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 trading community 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 that Commissioner possesses more than five per cent of the issued share capital of that company; or

(d) which the other Commissioners present at the meeting by resolution declare to be too remote.

17.  In the absence or incapacity of the Chairman, the person for the time being holding office as Vice-Chairman of the Commissioners has and may exercise all the functions of the Chairman of the Commissioners.

18.  If at any meeting of the Commissioners neither the Chairman of the Commissioners nor the Vice-Chairman of the Commissioners are present, the Commissioners present at the meeting must choose one of their number to be the chairman of the meeting.

19.—(1) Every question at a meeting of the Commissioners or of a committee of the Commissioners must be decided by a majority vote of the Commissioners present and voting.

(2) 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 has a second or casting vote which may be exercised for or against the status quo.

Authentication of seal and other documents

20.—(1) The application of the seal of the Commissioners may be authenticated only by the signature of the Chairman of the Commissioners or some other Commissioner authorised by the Commissioners to authenticate the application of the seal, and of the Clerk of the Commissioners or some person authorised by the Commissioners to act in the place of the Clerk in that behalf.

(2) The Commissioners may authorise a person to act instead of the Clerk under this paragraph whether or not the Clerk is absent or incapable of acting.

(3) Any notice, licence or other document given or issued by the Commissioners shall, unless the contrary intention is expressed, be sufficiently authorised if signed by the Clerk of the Commissioners or a duly authorised officer of the Commissioners.

Remuneration of Commissioners

21.  The Commissioners may pay to the Chairman of the Commissioners, the Vice-Chairman of the Commissioners and other Commissioners such salary, allowances and expenses as the Commissioners from time to time determine.

General

22.  Subject to the provisions of this Schedule, the procedure and business of the Commissioners and of any committee of the Commissioners shall be regulated in such manner as the Commissioners may from time to time determine.

23.  The Commissioners must appoint a Harbour Master, a Clerk and such other persons as from time to time they think necessary or desirable for and incidental to the performance of their functions and pay to them such remuneration as the Commissioners think fit.

Article 19

SCHEDULE 3 REPEALS

Chapter	Short title	Extent of repeal
1862 c. xxxi.	Berwick upon Tweed Harbour Act 1862	Sections 23 to 47 and 67.
1872 c. ix.	Berwick upon Tweed Harbour Act 1872	In section 2, the words from “The Commissioners” to the word “mortgages” and section 33.
1913 c. cxlvi.	Pier and Harbour Orders Confirmation (No 1) Act 1913	Sections 32, 34 and 48 of the Berwick upon Tweed Order 1913 as set out in the Schedule to the Pier and Harbour Orders Confirmation (No 1) Act 1913.
1923 c. lxi.	Pier and Harbour Orders Confirmation (No 3) Act 1923	Section 5 of the Berwick upon Tweed Harbour Order 1923 as set out in the schedule to the Pier and Harbour Orders Confirmation (No 3) Act 1923.

(1)

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