# The Dundee Port Authority Harbour Revision Order 1992, Article 3: Reconstitution of Authority


(1) Notwithstanding any of the provisions contained in the Dundee Port Authority Orders 1952 to 1980, the members of the Authority holding office on the coming into force of this Order shall continue in office until immediately before the new constitution date with all the powers and duties of such office, and shall go out of office on that date.
(2) On and after the new constitution date the Authority shall, subject to any casual vacancies, consist of not less than eight nor more than nine members, of whom five shall be appointed members, one shall be an elected member, two (the Lord Provost for the time being of the City of Dundee district and the chief executive) shall be members by virtue of their respective offices and one may be co-opted.
(3) The appointed members of the Authority shall be as follows:—
(a) a chairman and one other member appointed by the Secretary of State;
(b) one member appointed by the Dundee and Tayside Chamber of Commerce and Industry;
(c) one member appointed by the Dundee Shipowners' and Shipbrokers' Association; and
(d) one member appointed by the Regional Council.
(4) Each of the members to be appointed under paragraph (3) above shall be a person appearing to the appointing body in question to have—
(a) wide experience of and capacity in one or more of the following matters, that is to say, the management of harbours, shipping, the navigation of ships, commercial, financial or legal matters; or
(b) some other knowledge or experience that would be of value to the Authority in the discharge of their functions.
(5) If an organisation which is referred to in paragraph (3)(b) or (c) above ceases to exist, the appointment under that paragraph shall be made by the Secretary of State after consultation, if he considers it desirable, with such persons as appear to him to be representative of the interest in question.
(6) The elected member of the Authority shall be elected by the employees for the time being of the Authority from among themselves in accordance with article 5 below.
(7) If a person holding office as an elected member of the Authority ceases to be an employee of the Authority the Authority shall declare his office to be vacant and thereupon the office shall become vacant.
(8) The Authority may in their discretion co-opt by name or office one officer of the Authority (in addition to the chief executive) to be a member of the Authority.
(9) No person shall be appointed as a member of the Authority under paragraph (3) above if he is a member or officer of another harbour authority (as defined in section 57(1) of the Harbours Act 1964) and if a member of the Authority becomes such a member or officer the Authority may declare his office as a member of the Authority to be vacant and thereupon the office shall become vacant. The foregoing provisions of this paragraph shall not apply in relation to a person who is a member or officer of a local authority which is such a harbour authority as aforesaid unless he is a member of the committee of the authority which is responsible for the administration of the harbour in question and participates in the decisions of that committee as respects that harbour. In this paragraph “local authority” means, in relation to Scotland, an islands, regional or district council and, in relation to England or Wales, a district council.

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Source: https://www.legislation.gov.uk/uksi/1992/1435/article/3 (the official version)
Page: https://openlegislation.uk/dundee-port-authority-harbour-revision-order-1992/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

