The Caernarfon Harbour Trust (Constitution) Harbour Revision Order 2012

Constitution of the Trust

3.—(1) Subject to article 6, on and after the new constitution date the Trust shall consist of no more than ten trustees able to act as trustees of the Trust (in accordance with article 7) as follows—

(a) one trustee appointed by Gwynedd Council;

(b) one trustee appointed by Ynys Mon Council;

(c) one trustee appointed by the Council of the Royal Town of Caernarfon;

(d) six trustees appointed initially by the existing Trustees and subsequently by the Trustees appointed under this Order; and

(e) the Harbour Master,

but the Trust shall be properly constituted at any time if there are no fewer than seven trustees (in office under this paragraph or article 5 or co-opted under article 6) able to act as trustees of the Trust.

(2) A person must not be appointed under paragraph (1)(a) to (d) or article 5 or co-opted under article 6 to act as a trustee unless he has special knowledge, experience or ability appropriate to the efficient, effective and economic discharge of a trustee’s functions including, in particular (but without prejudice to the generality of the foregoing), special knowledge, experience or ability in one or more of the following—

(a) management of harbours;

(b) shipping or other modes of transport;

(c) appropriate commercial or industrial experience;

(d) financial expertise;

(e) administration;

(f) organisation of workers;

(g) sport and recreational uses of harbours;

(h) environmental issues;

(i) specific knowledge of, or interest in, the local community and the wider community or the economic and social context within which the Trust operates;

(j) tourism and leisure;

(k) health and safety;

(l) legal expertise; and

(m) any other skills and abilities considered from time to time by the appointing bodies to be relevant to the discharge by the Trustees of their functions.

(3) In making an appointment under paragraph (1) or article 5 the appointing body, or in co-opting a person under article 6 the Trustees, must have regard to any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.

(4) An existing Trustee shall be eligible for appointment or co-option to act as a trustee of the Trust on and after the new constitution date.