The Cornwall Harbours Harbour Revision Order 2023

Proceedings of meeting of the Board E+W

5.—(1) Every decision at a meeting of the Board must be decided by a majority vote of the Board members present and voting.

(2) If at any meeting of the Board there is an equality of votes on a decision, the chair of the meeting has a second or casting vote.

(3) The quorum required for a meeting of the Board is 5 and substitutes are not allowed.

(4) The Board must cause minutes to be made—

(a) of the names of members of the Board present at a meeting of the Board; and

(b) of all proceedings or resolutions at such meeting,

and such minutes, if signed by a person purporting to be chair of the meeting to which the minutes relate or of a subsequent meeting at which the minutes were approved as a correct record, is to be received in evidence without further proof.

(5) Until the contrary is proved, a meeting for which minutes have been so made or signed is to be deemed to have been duly convened and held and, if it was a meeting of a committee of the Board, that committee is to be deemed to have had power to deal with the subject of the minutes.

(6) A member of the Board who has any interest, direct or indirect—

(a) in any contract or proposed contract to which the Board are 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;

(b) in any other matter with which the member of the Board is concerned,

must declare that interest.

(7) A member of the Board, who is present at a meeting of the Board at which a contract or other matter in which that matter in which the member 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 so required by a resolution of the members of the Board present; and

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

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

(a) a member of the Board has in respect of the payment to the Council of harbour dues;

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

(c) the members of the Board present at the meeting by resolution declare to be too remote.

Commencement Information

I1 Sch. 2 para. 5 in force at 14.7.2023, see art. 1(1)