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8.—(1) If the Board is satisfied that a Member (other than the harbour master or the Clerk) including the Chairperson or Vice-Chairperson—
(a)has been absent from meetings of the Board for eight consecutive months or more without the permission of the Board;
(b)has become bankrupt or has made an arrangement with that Member’s creditors;
(c)is incapacitated by physical or mental illness from discharging the functions of a Member;
(d)has knowingly failed in a material respect to act in that Member’s capacity as a Member independently of any particular interest;
(e)has been convicted of a criminal offence;
(f)has failed to declare a conflict of interest or otherwise acted improperly; or
(g)persistently acts in a manner calculated seriously to impede or prejudice the carrying on of the business of the Port Authority; or
(h)appears to a majority of the Board to be unable, unfit or unwilling adequately to discharge that Member’s functions as a Member;
the Board may by resolution declare that Member’s office as a Member to be vacant, and the office becomes vacant.
(2) For the purposes of sub-paragraph (1)(a) above the attendance of a Member at a meeting of any committee of the Board of which that Member is a Member is to be treated as attendance at a meeting of the Board.
(3) A resolution under sub-paragraph (1)—
(a)is extraordinary business for the purpose of section 43 of the Commissioners Clauses Act 1847; and
(b)is not effective unless passed by a majority of the whole number of the Members.
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