Paragraph 4 Constitution of Authority
On the transfer date the provisions of this paragraph shall have effect with respect to the constitution of the Authority and, accordingly, the Clyde Port Authority Order 1974f1 (in this paragraph referred to as “the 1974 Order”) shall cease to have effect.
The Authority shall consist of a chairman appointed by the Secretary of State and not less than eight or more than fifteen other members of whom—
not less than six or more than twelve shall be appointed by the Secretary of State; and
not less than two or more than three shall be full-time employees of the Successor Company appointed by the Authority.
The persons who immediately before the transfer date are the chairman and other members of the Authority appointed by the Secretary of State under article 3(1)(a) of the 1974 Order shall remain respectively the chairman and other members of the Authority and, subject to the provisions of sub-paragraphs (10) to (12) below, shall continue in office until 31st December 1994 (or, if earlier, until the Authority are dissolved by an order made under section 7 of the 1991 Act).
A full-time employee of the Successor Company who is a member of the Authority by virtue of paragraph (a) above, or who is on or after the transfer date appointed by the Authority to serve as a member of the Authority, shall hold and vacate his office as a member at the discretion of the Authority but may at any time resign his membership by notice in writing given to the chairman of the Authority.
If such a member as is referred to in paragraph (b) above ceases to be a full-time employee of the Successor Company he shall thereupon cease to be a member of the Authority.
The person who, immediately before the transfer date, is the deputy chairman of the Authority shall remain the deputy chairman of the Authority according to the terms of his appointment under paragraph 3 of the Schedule to the 1974 Order.
Subject to paragraph (a) above, the Authority shall from time to time on the occurrence of any vacancy in that office appoint one of their number to be the deputy chairman of the Authority.
In the event of a casual vacancy occurring in the office of chairman of the Authority, the Authority shall, as soon as they conveniently can after the occurrence of the vacancy, appoint some other member of the Authority to fill the vacancy and the member so chosen shall hold that office until such time as a chairman appointed by the Secretary of State (whether by the appointment of that member or of any other member or person) assumes that office.
The Secretary of State may appoint a person—
to be a member of the Authority—
on the going out of office immediately after 31st December 1994 of members of the Authority referred to in sub-paragraph (3) above; or
to fill any other vacancy arising whether before or after 1st January 1995; or
whether on or before or after 1st January 1995, to be an additional member of the Authority: Provided that the Secretary of State shall not make an appointment which causes the number of members of the Authority (including the chairman) appointed by him, whether under the provisionsof the 1974 Order or of this paragraph, to exceed at any time thirteen.
If the number of members of the Authority appointed by the Secretary of State (including the chairman) is at any time less than seven, the Secretary of State shall as soon as he conveniently can appoint one or more persons to be members of the Authority so that the number of members of the Authority appointed by him (including the chairman) is at least seven.
A member of the Authority appointed by the Secretary of State under the provisions of this paragraph shall come into office on such date as the Secretary of State may specify when he makes the appointment and, subject to the provisions of sub-paragraphs (10) to (12) below, shall continue in office until such date, not being later than three years after the date of his coming into office, as the Secretary of State may specify when he makes the appointment.
A member of the Authority appointed by the Secretary of State (whether under the provisions of the 1974 Order or of this paragraph) may resign his office by notice in writing given to the Secretary of State and to the chairman of the Authority.
If the Secretary of State is satisfied that, in the case of a member of the Authority appointed by him (whether under the provisions of the 1974 Order or of this paragraph)—
he has been absent from meetings of the Authority for three consecutive months or more without the permission of the Authority; or
he has been adjudged bankrupt, his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
he is, or may be, suffering from mental disorder and either—
an order is made by a court having jurisdiction (whether in the United Kingdom or elsewhere) in matters concerning mental disorder for his detention or for the appointment of a receiver, curator bonis or other person to exercise powers with respect to his property or affairs; or
he is otherwise unable or unfit to discharge the functions of a member; the Secretary of State may, by notice in writing given to the member concerned and to the chairman of the Authority, declare the office of that member to be vacant, and thereupon his office shall be vacant.
A member of the Authority shall retire from office on reaching the age of seventy.
Subject to the provisions of Schedule 1 to the Clyde Port Authority Order 1965f4, the Authority shall have power to regulate their own procedure and the quorum and procedure of any of their committees.
Annotations
Footnotes
- f1
-
S.I. 1974/1142.
- f2
- f3
- f4