{
  "url": "https://openlegislation.uk/dover-harbour-constitution-revision-order-2016/article-3",
  "json_url": "https://openlegislation.uk/dover-harbour-constitution-revision-order-2016/article-3.json",
  "legislation": "uksi/2016/250",
  "legislation_title": "The Dover Harbour (Constitution) Revision Order 2016",
  "legislation_url": "https://openlegislation.uk/dover-harbour-constitution-revision-order-2016",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "New constitution",
  "text": "(1) On and after the new constitution date, the Board shall consist of—\n(a) one person appointed by the Secretary of State as the chair.\n(b) two further persons appointed by the Secretary of State;\n(c) four persons appointed by the Board;\n(d) the chief executive of the Board; and\n(e) one other senior officer employed by the Board as specified by the directors appointed under subparagraphs (a) to (d).\n(2) No employee of the Board may be appointed a director under paragraph (1)(a), (b) or (c).\n(3) Subject to article 4—\n(a) no person is to be appointed by the Secretary of State as a director under paragraph (1)(a) unless he or she is recommended for appointment by a panel comprising the Board’s deputy chair, such other director as may be determined by the Board, an official of the Department for Transport and an independent member to be agreed from time to time between the Board and the Secretary of State, and\n(b) no person is to be appointed by the Secretary of State as a director under paragraph (1)(b) unless he or she is recommended for appointment by a panel comprising the Board’s chair, the Board’s deputy chair, an official of the Department for Transport and an independent member to be agreed from time to time between the Board and the Secretary of State.\n(4) A recommendation by the panel under paragraph (3) must identify a candidate who satisfies the pre-determined and advertised criteria for the role and shall be made by a majority of the persons on the panel.\n(5) Two of the directors appointed under paragraph (1)(c) must be persons who appear to the Board to have special knowledge or experience of the position of the harbour within the local community and local economy.\n(6) Before any person is appointed as a director in accordance with paragraph (5) he or she must be interviewed by, and the Board must consult with, a panel comprising the Board’s chair and three members of a committee of the Board to be known as the Nomination Committee, the chair of the Dover Port Users Group, the chair of the Port & Community Forum, one elected member of the Dover District Council, one elected member of Dover Town Council, the Member of Parliament for Dover and the chair of the South East Local Enterprise Partnership.\n(7) If the office of chair of the Dover Port Users Group, the Port & Community Forum or the South East Local Enterprise Partnership falls vacant or the chair is unable to attend a meeting of the panel mentioned in paragraph (6), the body in question may nominate another member of the body to be the acting chair for the purposes of that paragraph; and the proceedings of the panel will not be affected by any vacancy among the members of the panel or any failure of a member to participate in the proceedings.\n(8) If the Board’s deputy chair is unable to attend a meeting of the panel mentioned in paragraph (3)(a) or (3)(b) his or her place shall be taken by such other director as the Board may determine; and if the Board’s chair is unable to attend a meeting of the panel mentioned in paragraph (3)(b) or (6) his or her place shall be taken by the Board’s deputy chair or (in his or her absence) such other director as the Board may determine.\n(9) If a body mentioned in paragraph (6) ceases to exist, the requirements for a person to be interviewed by, and the Board to consult with, the body shall be inapplicable as respects that body but those requirements shall apply as respects any body that the Board consider to be a successor to that former body.\n(10) A director appointed under paragraph (1)(a) or (b) must be a person who appears to the Secretary of State, and a director appointed under paragraph (1)(c) (but without prejudice to the foregoing paragraphs) must be a person who appears to the Board, to have special knowledge, experience or ability appropriate to discharge the fiduciary duties of directors and contribute to the efficient, effective and economic discharge by the Board of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge or experience of, or ability in, one or more of the following matters—\n(a) the ports industry;\n(b) shipping or other forms of transport;\n(c) navigation or marine operations;\n(d) industrial, commercial or financial management;\n(e) administration;\n(f) safety and personnel management;\n(g) environmental matters affecting harbours;\n(h) strategic planning; or\n(i) any other skills and abilities considered from time to time by the Secretary of State or, as the case may be, the Board to be relevant to the discharge of the Board’s functions.\n(11) Without prejudice to paragraphs (2) to (10), appointments under paragraph (1) or article 6 must be made in accordance with any guidance issued by the Secretary of State from time to time with respect to the appointment of Board members.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/250/article/3",
    "retrieved_at": "2026-10-28T23:26:37.785639+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}