Office of Public Sector Information
Article 6
Article 10
1. There shall be a chairman of the Authority who shall be appointed by the members from among their number.
2. Subject to paragraph 5, every chairman appointed under paragraph 1 shall, unless he resigns his office as chairman or ceases to be a member, hold office for a period of one year.
3. There shall be a vice-chairman of the Authority who shall be appointed by the members from among their number.
4. Subject to paragraph 5, every vice-chairman subsequently appointed under paragraph 3 shall, unless he resigns his office as vice-chairman or ceases to be a member, hold office for a period of one year.
5. If the members are satisfied that the chairman or vice-chairman should cease to hold his office as such, they may terminate his office as such and appoint another member to be the chairman or vice-chairman during the remainder of the term for which the former chairman or vice-chairman was appointed.
6.—(1) On a casual vacancy occurring in the office of chairman or vice-chairman the vacancy shall be filled by the members at a meeting held as soon as practicable after the vacancy occurs.
(2) A member appointed under this paragraph to fill a casual vacancy in the office of chairman or vice-chairman shall, unless he resigns that office or ceases to be a member, hold that office during the remainder of the term for which the chairman or vice-chairman whom he replaces was appointed.
7. The person for the time being holding office as vice-chairman shall have and may exercise in the absence or incapacity of the chairman all the functions of the chairman.
8. If at any meeting of the Authority neither the chairman nor the vice-chairman are present the members present at the meeting shall choose one of their number to be the chairman of the meeting.
9.—(1) The Authority shall hold an annual meeting in January in every year.
(2) The Authority shall hold three ordinary meetings in every year, one of which shall be open to the public, and may hold such other meetings as may be required.
10. A member may resign his office at any time by notice in writing given to the clerk.
11. Subject to the provisions of this Schedule, a vacating member shall be eligible for reappointment as a member unless he has been disqualified from office under article 8.
12.—(1) A chairman shall not be eligible for reappointment as the chairman where, immediately before the date in question, he has served as chairman for terms (whether consecutive or not) amounting to nine years.
(2) For the purposes of this paragraph, “term” does not include-
(a) a term served by the member as chairman under the transitional provisions of Schedule 3 to this Order where that term is less than three years;
(b) the remainder of a term during which the member was appointed to fill a casual vacancy in the office of chairman under paragraph 6; or
(c) any term served by the member as chairman prior to the new constitution date.
13.—(1) The Authority 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) to a committee of the Authority.
(2) The Authority shall appoint a Finance and Estates Committee.
(3) Any committee of the Authority (other than the Finance and Estates Committee) may comprise persons who are not members of the Authority provided that at least two-thirds of the members of any committee shall be members of the Authority.
14. The acts and proceedings of the Authority, or of any committee of the Authority, shall not be invalidated by any vacancy in their number or by any defect in the appointment, or the qualification for appointment, of any person as a member, or as chairman or vice-chairman, of the Authority or committee.
15. The quorum required for a meeting of the Authority shall be five.
16.—(1) Every question at a meeting of the Authority or of a committee of the Authority shall be decided by a majority vote of the members present and voting.
(2) If at any meeting of the Authority or of a committee of the Authority there is an equality of votes on any question the chairman of the meeting shall have a second or casting vote which he may exercise for or against the status quo.
17.—(1) If a member has any interest, direct or indirect—
(a) in any contract or proposed contract to which the Authority 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; or
(b) in any other matter with which the members are concerned,
he shall declare that interest.
(2) If a member is present at a meeting of the Authority or of any committee of the Authority at which a contract or other matter in which he has an interest is to be considered he shall—
(a) as soon as is practicable after the commencement of that meeting disclose his 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 members present by resolution require him so to do; and
(ii) while a decision on that contract or matter is being made.
(3) This paragraph shall not apply to any interest—
(a) which a member has in respect of the payment to the Authority of harbour dues;
(b) which arises in respect of the provision of harbour services or facilities affecting the trading community in general;
(c) which a member has as an employee of a public utility undertaking or as a shareholder, not being a director of a company, unless he possesses more than five per cent of the issued share capital of that company; or
(d) which the members present at the meeting by resolution declare to be too remote.
18. The Authority shall maintain and regularly update a register of interests declared by members, and shall make the register available for inspection by members of the public at all times during usual office hours.
19.—(1) The application of the seal of the Authority shall be authenticated by the signature of the chairman or some other members authorised by the Authority to authenticate the application of the seal, and of the clerk or some person authorised by the Authority to act in his place in that behalf.
(2) The members may authorise a person to act instead of the clerk under this paragraph whether or not the clerk is absent or incapable of acting.
(3) Any notice, licence or other document given or issued by the Authority shall, unless the contrary intention is expressed, be sufficiently authorised if signed by the clerk or a duly authorised officer of the Authority.
20. The Authority may pay to the chairman and other members such reasonable allowances and expenses as the Authority from time to time determine.
21. Subject to the provisions of this Schedule, the procedure and business of the Authority and of any committee of the Authority shall be regulated in such manner as the Authority may from time to time determine.
22. The Authority shall appoint a clerk and such other persons as from time to time they think necessary or desirable for and incidental to the performance of their functions and pay to them such remuneration as the Authority think fit.
The Crouch Harbour Authority (Constitution) Harbour Revision Order 2007