Article 9 Advisory bodies
The Board must consult the advisory bodies specified in paragraph (2) on all matters which in the Board’s reasonable opinion could substantially affect the management, improvement, conservation, protection or regulation of the harbour or navigation within it; but the Board is not required to consult on matters which in the Board’s reasonable opinion are confidential or commercially sensitive or where it is not reasonably practicable to do so having regard to the urgency of the matter.
The bodies referred to in paragraph (1) are—
an advisory body established by the Board before the coming into force of this Order known as the Port & Community Forum (“the PCF”) consisting of persons who are representative of persons having an interest in the functioning of the harbour in the context of the local community and local economy; and
an advisory body established by the Board before the coming into force of this Order known as the Dover Port Users Group (“the Dover PUG”) consisting of persons who are representative of port users, borders agencies, the Board’s operational tenants, and other persons having an interest in the commercial and operational functioning of the harbour.
The initial appointments to the advisory bodies having been made by the Board in accordance with a scheme prepared by the Board for each advisory body, on and after the new constitution date subsequent appointments to the PCF and the Dover PUG must be made by each advisory body and must be made in accordance with those schemes.
The Board must take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by each advisory body whether or not that advisory body has been consulted by the Board on that matter, recommendation or representation.
The Board must facilitate the arrangements for each advisory body to meet regularly as required by the chair of the advisory body; and for that purpose must provide reasonable accommodation for the meeting and provide it with reasonable secretarial services.
An advisory body may determine its own quorum and procedure and must appoint a chair.
A member of an advisory body may resign his or her office at any time by notice in writing given to the chair of that body who must send a copy to the chair of the Board.
The Board must use all reasonable endeavours to facilitate the continued existence of the PCF and the Dover PUG but if either body ceases to exist on a resolution of its members paragraph (9) or, as the case may be, paragraph (10) shall have effect.
If the PCF ceases to exist, the Board must appoint and maintain a replacement advisory body comprising persons who in the Board’s reasonable opinion are representative of persons having an interest in the functioning of the harbour in the context of the local community and local economy and the relevant provisions of this article shall apply to that body.
If the Dover PUG ceases to exist, the Board must appoint and maintain a replacement advisory body comprising persons who in the Board’s reasonable opinion are representative of port users, border agencies, the Board’s operational tenants and other persons having an interest in the commercial and operational functioning of the harbour and the relevant provisions of this article shall apply to that body.
Initial appointments to an advisory body appointed under paragraph (9) or (10) must be made in accordance with a scheme prepared by the Board for that purpose and subsequent appointments must be made by the advisory body in the manner provided for by that scheme as agreed by the advisory body.
In this article “advisory body” means the PCF or the Dover PUG or, as the case may be, a replacement body appointed under paragraph (9) or (10).