The Great Yarmouth Port Authority (Constitution) Harbour Revision Order 2015

Article 6

SCHEDULE 1 FORM OF DECLARATION BY A MEMBER

Article 7

SCHEDULE 2 PROCEDURAL PROVISIONS APPLYING TO THE BOARD AND THE PORT AUTHORITY

Chairperson and Vice-Chairperson

1.—(1) At the annual meeting the Members present at the meeting must, before proceeding to any other business, choose two of their number to act respectively as Chairperson and Vice-Chairperson.

(2) A Member appointed as Chairperson or Vice-Chairperson, unless that person resigns as Chairperson or Vice-Chairperson, or ceases to be a Member, holds office as Chairperson or Vice-Chairperson from and including the meeting at which that person is chosen until the next appointment of a Chairperson or Vice-Chairperson.

(3) On a casual vacancy occurring in the office of Chairperson or of Vice-Chairperson, the vacancy must be filled from among those of the Members appointed under article 4(a) at a meeting held as soon as practicable after the vacancy occurs.

(4) A Member appointed above to fill a casual vacancy in the office of Chairperson or Vice-Chairperson, unless that Member resigns that office or ceases to be a Member, holds that office until the next appointment of a Chairperson or Vice-Chairperson.

(5) The Vice-Chairperson, in the absence of, or during a casual vacancy in the office of, the Chairperson, has and may exercise all the functions of the Chairperson.

(6) If at any meeting of the Board neither the Chairperson nor the Vice-Chairperson is present the Members present must choose one of their number to be the chairperson of the meeting.

(7) The Clerk and the harbour master may not serve as the Chairperson or the Vice-Chairperson, except in accordance with sub-paragraph (6).

Vacancies and irregularities not to invalidate acts of the Board

2.  The acts and proceedings of the Board, or of any committee of the Board, are not invalidated by any vacancy or by any defect in the appointment, or the qualification for appointment, of any person as a Member, or as Chairperson or Vice-Chairperson, of the Board or committee.

Committees

3.  The Board 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 Board.

Meetings and procedure

4.—(1) The Board must hold an annual meeting in every year.

(2) The Board must hold ordinary meetings four times in every year, and may hold such other meetings as may be required.

(3) The quorum required for a meeting of the Board is five.

(4) If at any meeting of the Board or of a committee of the Board there is an equality of votes on any question the chairperson of the meeting has a second or casting vote which such chairperson of the meeting may exercise for or against the status quo.

(5) Subject to the provisions of this Order the procedure and business of the Board and of any committee of the Board is regulated in such manner as the Port Authority may from time to time determine.

Declaration of interests

5.—(1) If a Member has any interest, direct or indirect—

(a) in any contract or proposed contract to which the Port Authority is or would be a party or is a director of a company or body with which the contract or proposed contract is made or proposed to be made; or

(b) in any other matter with which the Port Authority is concerned,

such Member must declare that interest.

(2) If a Member is present at a meeting of the Board or of any committee of the Board at which a contract or other matter in which such Member has an interest is to be considered that Member must—

(a) so soon as is practicable after the commencement of that meeting disclose the 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 Board present by resolution requires such Member so to do; and

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

(3) This paragraph does not apply to any interest which—

(a) a Member has in respect of the payment to the Port Authority of dues;

(b) arises in respect of the provision of port services or facilities affecting the trading community in general;

(c) a Member has as an employee of a public utility undertaking or as a shareholder, not being a director of a company, unless such Member possesses more than five per cent of the issued share capital of that company; or

(d) the Members present at the meeting by resolution declare to be too remote.

Register of interests

6.  The Port Authority must maintain and regularly update a register of interests declared by Members, and must make the register available for inspection by members of the public at all times during usual office hours.

Resignation of Members

7.  A Member (other than the harbour master or the Clerk) may resign at any time by notice in writing given to the Clerk.

Disqualification of Members

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.

Appointment of the Clerk and other officers and employees

9.—(1) The Port Authority must appoint a Clerk and may appoint such other officers and employees as from time to time it thinks necessary or desirable for and incidental to the performance of its functions and pay to them such remuneration as the Board think fit.

(2) The Board may authorise any other officer to discharge any function of the Clerk, other than the Clerk’s functions as a Member.

Payments to Members

10.  The Port Authority may pay to the Chairperson, Vice-Chairperson and other Members appointed by the selection panel such salary, allowance and expenses as the Board may from time to time determine.

Article 8

SCHEDULE 3 TRANSITIONAL PROVISIONS

Composition of the Board on and after the new constitution date

1.—(1) On and after the new constitution date the Board, subject to any casual vacancies, consists of the following Members—

(a) the Chairperson who held office as chairman of the members of the Port Authority immediately before the new constitution date;

(b) one Member (not being that chairman) who held office as a member of the Port Authority immediately before the new constitution date and who has been elected by the members of the Port Authority before that date;

(c) three persons appointed by the selection panel in accordance with paragraph 2;

(d) the harbour master; and

(e) the Clerk.

(2) The Member holding office under sub-paragraph (1)(a) is the Chairperson (unless that person resigns as Chairperson, or ceases to be a Member) until the first annual meeting of the Board following the new constitution date.

(3) The Member holding office under sub-paragraph (1)(b) is Vice-Chairperson (unless that person resigns as Vice-Chairperson, or ceases to be a Member) until the first annual meeting of the Board following the new constitution date.

Appointment of certain Members

2.  The selection panel must—

(a) meet as soon as practicable after the date on which this Order comes into force; and

(b) appoint three persons to serve as Members in accordance with paragraph 1(1)(c) no later than two months before the new constitution date.

Terms of office of Members appointed under paragraph 1

3.—(1) The Members specified in paragraphs 1(1)(a) to (c) hold office as Members (unless such a first Member dies, resigns, ceases to be a Member in accordance with article 6, or is disqualified) as follows—

(a) in the case of a Member holding office in accordance with paragraphs 1(1)(a) or 1(1)(b), until the second anniversary of the relevant date;

(b) in the case of a Member holding office in accordance with paragraph 1(1)(c), until the third anniversary of the relevant date.

(2) Each Member holding office as a Member under paragraph 1(1)(a) to (c) is eligible for subsequent appointment as a Member unless such Member has held office as a Member for three consecutive terms.

(3) In this paragraph, “the relevant date” means 1st March in the year after the year current at the new constitution date.

(1)

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