Peterhead Harbours Revision (Constitution) Order 2002
| Jurisdiction | Scotland |
| Citation | SSI 2002/504 |
2002 No. 504
HARBOURS, DOCKS, PIERS AND FERRIES
The Peterhead Harbours Revision (Constitution) Order 2002
Made 28th October 2002
Coming into force 31th October 2002
Whereas the Peterhead Harbours Trustees have applied for a harbour revision order under section 14 of the Harbours Act 19641:
And whereas objections to the application made pursuant to paragraph 3(2)(a) of Schedule 3 to the said Act have been withdrawn:
Now, therefore, the Scottish Ministers2, in exercise of the powers conferred by the said section 14 and of all other powers enabling them in that behalf, hereby make the following Order: –
Citation and commencement
1.—(1) This Order may be cited as the Peterhead Harbours Revision (Constitution) Order 2002 and shall come into force on 31st October 2002.
(2) The Peterhead Harbours Orders 1985 to 1998 and this Order may be cited together as the Peterhead Harbours Orders 1985 to 2002.
Interpretation
2. In this Order–
“the 1992 Act” means the Peterhead Harbours Order Confirmation Act 1992;
“application date” means the date by which applications must be lodged with the chief executive under article 7(1)(b);
“appointing body” has the meaning given by article 5(1);
“appointment and election procedure” means the procedure carried out under articles 4 to 7;
“approved candidates” means applicants for election as trustee whom the appointing body decide should go forward for election under article 5(4);
“election date” means a date between 1st November and 31st December;
“the new constitution date” means the election date in the year 2004;
“Peterhead Harbours electoral area” means the following Aberdeenshire electoral wards: Blackhouse, Boddam – Inverugie, Buchanhaven, Clerkhill, Dales – Towerhill, Lonmay & St. Fergus and Peterhead Central – Roanheads;
“sheriff” means the sheriff principal of the sheriffdom of Grampian, Highlands and Islands and includes any sheriff sitting in the sheriff court district of Peterhead; and
“the trustees” means the Peterhead Harbours Trustees holding office either under the 1992 Act or this Order as the case may require.
Constitution of trustees
3.—(1) On and after the new constitution date, the trustees shall consist of–
(a)
(a) six persons nominated by the shipowners from among their number and elected by the electors, qualified as hereinafter provided;
(b)
(b) two persons nominated by the harbour ratepayers from among their number and elected by the electors, qualified as hereinafter provided;
(c)
(c) two persons nominated and elected by the electors from among their number, qualified as hereinafter provided;
(d)
(d) the chief executive of the trustees; and
(e)
(e) one person appointed by the trustees
and application, appointment or election under a sub-paragraph of this paragraph shall mean application, appointment or election for the post of trustee described in that sub-paragraph.
(2) The arrangements for election and appointment of trustees shall be as follows–
(a)
(a) on the election date in the year 2002 and every third year thereafter,
(i) two trustees shall be elected in accordance with sub-paragraph (1)(a) above,
(ii) one trustee shall be elected in accordance with sub-paragraph (1)(b) above; and
(iii) one trustee shall be elected in accordance with sub-paragraph (1)(c) above;
(b)
(b) on the election date in the year 2003 and every third year thereafter,
(i) two trustees shall be elected in accordance with sub-paragraph (1)(a) above,
(ii) one trustee shall be elected in accordance with sub-paragraph (1)(b) above, and
(iii) one trustee shall be elected in accordance with sub-paragraph (1)(c) above;
(c)
(c) one trustee shall be appointed in accordance with sub-paragraph (1)(e) above.
(i) two trustees shall be elected in accordance with sub-paragraph (1)(a) above,
(ii) one trustee shall be appointed in accordance with sub-paragraph (1)(e) above.
(3) The chief executive shall be a trustee by virtue of that office, and other employees of the trustees shall not be eligible to become trustees while they are employed by the trustees.
(4) All trustees elected or appointed under paragraph (2) shall hold office for three years.
Application procedure
4.—(1) All persons seeking election or appointment under paragraphs 3(1)(a), (b), (c) or (e) shall lodge an application form with the chief executive by the application date.
(2) The application form shall contain the following information–
(a)
(a) the name and address of the applicant;
(b)
(b) a statement as to under which sub-paragraph of article 3(1) the application is made;
(c)
(c) a declaration of interests as set out in Schedule 1;
(d)
(d) such biographical information as the applicant sees fit to supply.
(3) Applications made under articles 3(1)(a), (b) and (c) shall be accompanied by nomination papers as follows–
(a)
(a) applications made under article 3(1)(a) shall be accompanied by no fewer than two nomination papers from persons whose names appear on the list of shipowners as defined in article 6(1)(a);
(b)
(b) applications made under article 3(1)(b) shall be accompanied by no fewer than two nomination papers from persons whose names appear on the list of harbour ratepayers maintained in accordance with article 6(1)(b);
(c)
(c) applications made under article 3(1)(c) shall be accompanied by no fewer than two nomination papers from persons whose names appear on the electoral register as defined in article 6(1)(c).
(4) Nomination papers shall state that the nominating person nominates the nominee and shall be signed by the nominating person.
Interviews and selection
5.—(1) There shall be an appointing body consisting of the following three persons, none of whom shall have made an application under article 4:–
(a)
(a) the Convenor of trustees unless the Convenor has made an application under article 3, in which case another trustee nominated by the trustees;
(b)
(b) a person who is not a trustee, who shall be nominated by the trustees and considered to represent the interests of one or more groups of persons interested in Peterhead Harbours; and
(c)
(c) the chief executive of Aberdeenshire Council or the nominee of the chief executive.
(2) The appointing body shall meet as soon as practicable after the application date to consider the applications made under article 4 and in any event within one week of the application date.
(3) The appointing body shall interview applicants as it sees fit.
(4) In the years of election of such trustees, the appointing body shall decide whether those persons who have applied under articles 4(1)(a), (b) and (c) shall be candidates in the election.
(5) In the year of appointment of such a trustee, the appointing body shall decide which person who has applied under article 4(1)(e) shall be appointed as a trustee.
(6) The appointing body shall have particular regard to the following considerations when making decisions under paragraphs (4) and (5)–
(a)
(a) the special knowledge, experience or ability of applicants to contribute to the efficient and economic discharge by the trustees of their functions;
(b)
(b) the special knowledge, experience or ability of applicants in one or more of the following matters–
(i) management of harbours;
(ii) shipping or other forms of transport;
(iii) the fishing industry;
(iv) sailing and other water-related leisure activities;
(v) navigation;
(vi) industrial, commercial or financial matters;
(vii) administration;
(viii) the law relating to Scotland;
(ix) safety;
(x) personnel management;
(xi) environmental matters affecting harbours;
(xii) local community interests;
(xiii) any other skills and matters considered relevant from time to time by the trustees to the discharge by them of their functions;
(c)
(c) any guidance issued by the Scottish Ministers from time to time with respect to the exercise of such functions.
Registers
6.—(1) On or before 30th September in each year, the chief executive shall cause the following lists to be made up and made available for inspection at the harbour office:–
(a)
(a) a list of shipowners, being those persons–
(i) who for the 12 calendar months prior to 1st September preceding the election shall have been recorded in the register of electors as a person resident within the Peterhead harbours electoral area, or in the valuation roll as a ratepayer in respect of non-domestic property within the said area; and
(ii) whose names appear on 1st September preceding the election in the register of shipping under Part I of the Merchant Shipping Act 1894 or in the register of British fishing vessels under Part II of the Merchant Shipping Act 1995 as owner, or part owner to the extent of at least four sixty-fourth shares, of a ship or vessel of not less than 9 metres overall length;
(b)
(b) a list of harbour ratepayers, being those persons whose names appear on the roll kept and maintained by Grampian Joint Valuation Board or its successor, under the Valuation Acts (as defined by section 26(1) of the Abolition of Domestic Rates Etc. (Scotland) Act 19873for the purpose of assessing and levying rates under sections 1 and 7 respectively of the Local Government (Scotland) Act 19754in respect of non-domestic property in the Peterhead Harbours electoral area; and
(c)
(c) a list of electors, being those persons who appear on the register of electors for the electoral wards in the Peterhead Harbours electoral area held by Aberdeenshire Council and last published in the year preceding the application date.
(2) Where:–
(a)
(a) a firm consisting of two or more partners, or a company appears in the said register of shipping or said register of British fishing vessels, or
(b)
(b) a firm consisting of two or more partners, or a company appears in the said valuation roll, or
(c)
(c) two or more persons appear jointly on the said valuation roll,
the said firm, company or persons or the manager or principal...
To continue reading
Request your trial