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Statutory Instrument 2002 No. 3268The Gloucester Harbour Revision (Constitution) Order 2002(The document as of February, 2008) STATUTORY INSTRUMENTS2002 No. 3268HARBOUR, DOCKS, PIERS AND FERRIESThe Gloucester Harbour Revision (Constitution) Order 2002
Whereas the Gloucester Harbour Trustees have applied for a harbour revision order under section 14 of the Harbours Act 1964[1]; And whereas no objections to the application have been made pursuant to paragraph 10(2)(f) of Schedule 3 to the said Act; Now, therefore, the Secretary of State for Transport (being the appropriate Minister under subsection (7) of the said section 14[2]), in exercise of the powers conferred by that section and now vested in him[3], and of all other powers enabling him in that behalf, hereby makes the following Order: Citation and commencement 1. - (1) This Order may be cited as the Gloucester Harbour Revision (Constitution) Order 2002 and shall come into force on 16th December 2002. (2) The Gloucester Harbour Orders 1889 to 1994 and this Order may be cited together as the Gloucester Harbour Orders 1889 to 2002. Interpretation 2.In this Order -
Constitution of the Trustees
(b) not less than eight and not more than nine persons appointed by the Trustees; and (c) the principal operational officer of the Trustees. (2) Each trustee appointed under paragraph (1)(a) or (b) above shall be a person who appears to the Trustees to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Trustees of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters -
(b) water related leisure activities; (c) community matters; (d) estuarial environmental matters; (e) health and safety; (f) financial management; (g) the laws relating to England and Wales; and (h) any other skills and abilities considered from time to time by the Trustees to be relevant to the discharge by them of their functions; and the Trustees shall secure, so far as is reasonably practicable, that the Trustees appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
(b) three shall hold office from the new constitution date until 31st December 2004; and (c) three, one of whom shall be appointed as the chairman, shall hold office from the new constitution date until 31st December 2005, as the Trustees shall specify when they make each of those appointments.
(b) has become bankrupt or has made an arrangement with his creditors; or (c) is incapacitated by physical or mental illness from discharging the functions of a trustee; the Trustees may by resolution declare the office of that trustee to be vacant and thereupon his office shall become vacant.
(b) has failed to comply with the standards required for the governance of the harbour by the Trustees; (c) has acted in a manner which may bring the Trustees into disrepute or which is otherwise inappropriate having regard to the functions of the Trustees; or (d) is otherwise unable, unwilling or unfit to discharge adequately the functions of a trustee; the Trustees may request in writing the resignation of that trustee and, by resolution, declare the office of that trustee to be vacant and thereupon his office shall become vacant.
(b) on the river Wye, the downstream face of Bigsweir Bridge at reference point SO 353870 205100 on the boundary of the county of Gloucestershire and the county of Monmouthshire. (2) In this article reference points refer to National Grid reference points and shall be construed as if the words "or thereabouts" were inserted after each reference point. I, of, do solemnly declare (1) that I will faithfully and impartially, according to the best of my skill and judgement, execute all the powers and authorities vested in me as a member of the Gloucester Harbour Trustees by virtue of the Gloucester Harbour Orders 1889 to 2002: (2) that I undertake to be guided in the performance of my functions as one of the Trustees by the guidance for the time being issued by the Trustees concerning their conduct and in particular that:
(b) I will notify the clerk of any alteration in those interests, and of any new interest, such as is mentioned in paragraph 13 of Schedule 2 to the Gloucester Harbour Revision (Constitution) Order 2002, which I may acquire. SIGNED DATED 1.There shall be a vice-chairman of the Trustees who shall be appointed by the Trustees from amongst those trustees who are appointed under article 3(1)(b) or 6 above. 2.The first vice-chairman holding office after the new constitution date shall be appointed as soon as practicable after that date and, subject to paragraph 4 below, shall, unless he resigns his office as vice-chairman or ceases to be a trustee, continue in office as vice-chairman for a period of one year from the date of his appointment as vice-chairman. 3.Subject to paragraph 4 below, every vice-chairman subsequently appointed under paragraph 1 above shall, unless he resigns his office as vice-chairman or ceases to be a trustee, hold office for a period of one year. 4.If the Trustees are satisfied that the vice-chairman should cease to hold office as such, they may terminate his office as such and appoint another trustee to be the vice-chairman during the remainder of the term for which the former vice-chairman was appointed. 5. - (1) On a casual vacancy arising in the office of vice-chairman of the Trustees, the vacancy shall be filled by the Trustees from amongst those trustees who are appointed under article 3(1)(b) or 6 above at a meeting held as soon as practicable after the vacancy occurs. (2) A trustee appointed under this paragraph to fill a casual vacancy in the office of vice-chairman shall, unless he resigns that office or ceases to be a trustee, hold that office during the remainder of the term for which the vice-chairman whom he replaces was appointed. 6. - (1) The first meeting of the Trustees after the new constitution date shall be convened as soon as practicable by the clerk for such a date as he may fix; and he shall make arrangements for notice of that meeting to be sent by post to each of the trustees. (2) The Trustees shall meet at least four times in every year. (3) A resolution circulated to all trustees and approved by six or more of them in writing, shall take effect as if approved at a meeting of the Trustees, but must then be reported to and included in the minutes of the next meeting of the Trustees. (4) The Trustees shall cause minutes to be made -
(b) of all proceedings or resolutions at such meetings. (5) Until the contrary is proved, a meeting for which minutes have been made or signed shall be deemed to have been duly convened and, if it was a meeting of a committee, that committee shall be deemed to have had the power to deal with the subject of the minutes. 7.A trustee (other than the principal operational officer) may resign his office at any time by notice in writing given to the clerk. 8. - (1) Subject to the provisions of this Schedule, a vacating trustee shall be eligible for reappointment as a trustee unless he has been disqualified from office under article 8 above. (2) A vacating appointed trustee shall not be eligible for reappointment as a trustee where, immediately before the date in question, he has held office for three consecutive terms unless he is the chairman of the Trustees. (3) For the purposes of this paragraph, "term" does not include -
(b) the remainder of a term during which the trustee was appointed to fill a casual vacancy under article 6 above; or (c) any term served by the trustee prior to the new constitution date. (4) In this paragraph "appointed trustee" means a trustee appointed under article 3(1)(a) or (b) above. 9. - (1) A chairman of the Trustees shall not be eligible for reappointment as the chairman where, immediately before the date in question, he has served as chairman for three consecutive terms. (2) For the purposes of this paragraph, "term" does not include -
(b) any term served by the chairman as a trustee prior to the new constitution date. 10.The Trustees 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 subparagraphs (a) to (f) of paragraph 9B of Schedule 2 to the Harbours Act 1964[6]) to a committee of the Trustees. 11.The acts and proceedings of the Trustees, or of any committee of the Trustees, 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 trustee, or as chairman or vice-chairman of the Trustees or committee. 12.The quorum required for a meeting of the Trustees shall be five. 13. - (1) If a trustee has any interest, direct or indirect -
(b) in any other matter with which the Trustees are concerned, he shall declare that interest.
(b) not vote on any question with respect to that contract or matter; and (c) withdraw from the meeting -
(ii) while a decision on that contract or matter is being made. (3) This paragraph shall not apply to any interest -
(b) which arises in respect of the provision of harbour services or facilities affecting the trading community in general; (c) which a trustee 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 Trustees present at the meeting by resolution declare to be too remote or which is the subject of a general resolution by the Trustees to that effect. (4) The trustees shall maintain and regularly update a register of interests declared by each trustee and shall make the register available for inspection by members of the public at all times during usual office hours. 17. - (1) The application of the seal of the Trustees shall be authenticated by the signature of the chairman of the Trustees or some other trustee authorised by the Trustees to authenticate the application of the seal, and of the clerk or some other person authorised by the Trustees to act in his place in that behalf. (2) The Trustees 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 Trustees shall, unless the contrary intention is expressed, be sufficiently authorised if signed by the clerk or a duly authorised officer of the Trustees. (4) A document purporting to be duly executed under the seal of the Trustees shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document duly executed. (5) A document which -
(ii) the minutes of the proceedings at a meeting of the Trustees or a committee of the Trustees; and (b) bears a certificate purporting to be signed by the chairman or the clerk or a person authorised in that behalf by the Trustees and stating that the resolution was passed or that the order, direction or byelaw was made by the Trustees on the date specified in the certificate or that the minutes are a true copy of the proceedings of the Trustees or of a committee of the Trustees, shall be received in evidence and shall, unless the contrary is proved, be deemed to be a true record of the matter stated in the certificate and of the terms of the resolution, order, direction, byelaw or minutes in question. 18.The Trustees may pay to the chairman and other trustees such salary, allowances and expenses as the Trustees may from time to time determine. 19.Subject to the provisions of this Schedule, the procedure and business of the Trustees and of any committee of the Trustees shall be regulated in such manner as the Trustees may from time to time determine. 20.The Trustees may appoint such 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 Trustees think fit. 21.Any change of address of a trustee during his term of office must be notified in writing to the clerk.
(This note is not part of the Order) This Order alters the constitution of the Gloucester Harbour Trustees. The previous constitution provided for 10 trustees to be appointed by various appointing bodies, for one trustee to be appointed as representative of pilots and for up to two trustees to be appointed by the other trustees. The new constitution provides for a body of 10 trustees of whom nine are to be appointed by the Trustees. The remaining trustee is to be the principal operational officer thereby securing executive representation on the Trustees. Provision is included to enable a gradual transition to the new appointment arrangements. The Order also makes provision to govern the selection and terms of appointment of trustees and the manner in which they are to conduct business. The Order also extends the seaward limits of the harbour and repeals ancient legislation relating to the River Wye. Notes: [1] 1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 4 and 14, and by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 1.back [2] For the definition of "the Minister" (mentioned in section 14(7)) see section 57(1).back [3] S.I. 1981/238.back [4] S.I. 1994/3162.back [5] S.I. 1972/1931.back [6] Paragraph 9B was inserted by the Transport and Works Act 1992 (c. 42) section 63(1) and Schedule 3, paragraph 9.back ISBN 0 11 044547 3 -- Back --
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