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Section 193.

SCHEDULE 8 Commissioners of Northern Lighthouses

1 (1) The Commissioners of Northern Lighthouses shall continue to exist under that name as a body corporate constituted as follows.

(2) The following persons holding the following offices constitute the Commissioners of Northern Lighthouses, that is to say—

(a) the Lord Advocate and the Solicitor-General for Scotland;

(b) the lords provosts of Edinburgh, Glasgow and Aberdeen, and the conveners of the councils for Highland and Argyll and Bute;

(c) the sheriffs principal of all the sheriffdoms in Scotland;

(d) a person nominated by the Lieutenant Governor of the Isle of Man and appointed by the Secretary of State;

(e) any person elected under paragraph 2 below.

2 (1) The Commissioners may elect, as members of their body, the convener of any council whose area includes any part of the coasts of Scotland.

(2) The Commissioners may elect, as members of their body, not more than five other persons; but a person shall not be elected in pursuance of this sub-paragraph unless either he appears to the Commissioners to have special knowledge and experience of nautical matters or three persons who so appear are members of that body.

3 A person appointed by the Secretary of State under paragraph 1(2)(d) above, or a person appointed by the Commissioners under paragraph 2(2) above, shall hold office for three years, but shall be eligible for re-appointment.

4 (1) Any five of the Commissioners shall constitute a quorum.

(2) The Commissioners constituting a quorum shall have power to do all such matters and things as might be done by the whole body.

5 In this Schedule “council” means a council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994.

Section 202.

SCHEDULE 9 General Transfer of Local Lighthouses to Harbour Authorities

1 (1) Before such date as may be specified in a direction given by the Secretary of State to each of the general lighthouse authorities, each of those authorities shall submit to the Secretary of State proposals in writing for the transfer under this Schedule to the appropriate harbour authorities of such of the lighthouses, buoys and beacons held by the general lighthouse authority concerned as—

(a) are situated in the area of any harbour authority or on land adjacent to the area, or any part of the area, of such an authority; and

(b) appear to the general lighthouse authority concerned to be of benefit solely or mainly to ships within, or entering or leaving, that harbour authority’s area.

(2) For the purposes of this Schedule, a harbour authority are the appropriate harbour authority in relation to any such lighthouse, buoy or beacon if the lighthouse, buoy or beacon is situated in that authority’s area or on land adjacent to that area or any part of it.

2 (1) The proposals submitted by each general lighthouse authority shall—

(a) specify the lighthouses, buoys and beacons which the authority consider are required by paragraph 1 above to be covered by the proposals;

(b) specify in relation to each lighthouse, buoy or beacon specified in the proposals the harbour authority who are the appropriate harbour authority in relation to it; and

(c) specify in relation to each harbour authority so specified any property of the general lighthouse authority which has been used up to the date of the proposals exclusively in connection with the exercise by that authority of their functions in relation to lighthouses, buoys or beacons so specified which are situated in that harbour authority’s area or on land adjacent to that area or any part of it.

(2) The proposals may specify in relation to any harbour authority so specified any property of the general lighthouse authority—

(a) which has been used up to the date of the proposals substantially but not exclusively as mentioned in sub-paragraph (1)(c) above; and

(b) which the general lighthouse authority consider it would be appropriate to transfer to that harbour authority.

3 Before submitting any proposals under paragraph 1 above a general lighthouse authority shall consult each harbour authority specified in the proposals.

4 (1) The Secretary of State may make such modifications of any proposals submitted to him in accordance with the foregoing provisions of this Schedule as he thinks fit after consulting the general lighthouse authority who submitted the proposals; and if he does so, references in paragraph 5 below to any proposals under this Schedule are references to the proposals as modified.

(2) Before deciding whether to make any such modifications—

(a) affecting any harbour authority specified in the proposals; or

(b) by virtue of which provision would be included in the proposals for the transfer to a harbour authority under this Schedule of any lighthouse, buoy or beacon;

the Secretary of State shall consult the harbour authority concerned.

5 On such day as the Secretary of State may by order appoint as the transfer date for the purposes of this Schedule—

(a) all lighthouses, buoys and beacons specified in any proposals under this Schedule; and

(b) any other property of a general lighthouse authority so specified;

shall be transferred and vest in accordance with the proposals.