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The Yarmouth (Isle of Wight) Harbour Revision Order 2011

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Article 29

SCHEDULE 5NEW ARTICLES 4, 5 AND 6 OF 2001 ORDER

This schedule has no associated Explanatory Memorandum

Constitution of Commissioners

4.(1) As from the effective date the Commissioners shall consist of:—

(a)eight persons holding office in accordance with this article and article 5; and

(b)the Chief Executive of the Commissioners.

(2) Every appointed Commissioner holding office on the effective date shall remain in office until the date upon which the Commissioner would have ceased to hold office had this Order not been made.

(3) Appointments of appointed Commissioners after the effective date shall be made by the Commissioners holding office at the time of the appointment having regard to the advice of the appointments panel.

(4) Each appointed Commissioner shall be a person who appears to the appointments panel and to the Commissioners making the appointment to have special knowledge, experience or ability relevant to the efficient, effective and economic discharge by the Commissioners of their functions.

(5) Without prejudice to paragraph (4), the appointed Commissioners shall include at least one person who appears to the appointments panel and to the Commissioners making the appointment or appointments to have special knowledge, experience or ability in one or more of—

(a)accountancy or financial management;

(b)coastal environment;

(c)the laws relating to England.

(6) In advising on and making an appointment under paragraph (3), the appointments panel and the Commissioners shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the appointment of Commissioners.

(7) In this article and in article 6—

“the appointed Commissioners” means the Commissioners referred to in paragraph (1)(a);

“the effective date” means the last Friday of the month next following the month current at the commencement of the Yarmouth (Isle of Wight) Harbour Revision Order [2011].

Appointments panel

5.(1) The Commissioners shall appoint three persons to act as the appointments panel whenever any appointment is to be made under article 4 above.

(2) The persons appointed under paragraph (1) above shall include at least one Commissioner and at least one person who is independent of the Commissioners.

(3) After interviewing candidates the appointments panel shall give advice to the Commissioners as to the person or persons to be appointed.

Terms of office of Commissioners

6.  Subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order, an appointed Commissioner appointed after the effective date shall hold office for a term of three years unless the Commissioners decide, having regard to the advice of the appointments panel at the time when any such appointment is made, that a shorter term of office should apply to that appointment, in which case the term of office shall be such as the Commissioners shall so decide.

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