{
  "url": "https://openlegislation.uk/dundee-port-authority-transfer-scheme-1995-confirmation-order-1995/schedule/paragraph-9",
  "json_url": "https://openlegislation.uk/dundee-port-authority-transfer-scheme-1995-confirmation-order-1995/schedule/paragraph-9.json",
  "legislation": "uksi/1995/3023",
  "legislation_title": "The Dundee Port Authority Transfer Scheme 1995 Confirmation Order 1995",
  "legislation_url": "https://openlegislation.uk/dundee-port-authority-transfer-scheme-1995-confirmation-order-1995",
  "path": "schedule/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": "Constitution of the Authority",
  "text": "(1) For the avoidance of doubt it is hereby declared that, notwithstanding section 2(2) of the 1991 Act and paragraphs 1 and 2 of Schedule 1 to that Act, the provisions of section 5 of and Schedule 1 to the Dundee Port Authority Order 1975 and the jprovisions of the Dundee Port Authority Harbour Revision Order 1992 (all which make provision as respects the constitution of the Authority) shall have no effect in relation to the Successor Company.\n(2) For the purposes of the local statutory provisions providing for the constitution of the Authority in their application to the Authority on and after the transfer date—\n(a) the chief executive of the Successor Company (whether designated by that company as chief executive or otherwise) shall be taken to be the chief executive of the Authority;\n(b) a manager of the Successor Company shall be taken to be an officer of the Authority; and\n(c) an employee of the Successor Company shall be taken to be an employee of the Authority.\nAccordingly—\n(i) if the person who is the chief executive of the Authority immediately before the transfer date becomes the chief executive (however designated) of the Successor Company on the transfer date, he shall not thereby cease to be an ex-officio member of the Authority;\n(ii) any person who, immediately before the transfer date, is an officer of the Authority and (in that capacity) a member of the Authority and who on that date becomes an employee of the Successor Company shall not thereby cease to be a member of the Authority; and\n(iii) any person who immediately before the transfer date is the elected member of the Authority and who on that date becomes an employee of the Successor Company shall not thereby cease to be the elected member of the Authority.\n(3) On or at any time after the transfer date the Secretary of State may, if he thinks fit, appoint one or more persons to be members of the Authority in addition to the members appointed in pursuance of the Dundee Port Authority Harbour Revision Order 1992:\nProvided that the number of persons appointed in pursuance of this sub-paragraph and in office for the time being shall not be more than four.\n(4) For the avoidance of doubt it is hereby declared that paragraphs 2, 3, 4, 6 and 7 of Part I of Schedule 1 to the Dundee Port Authority Order 1975 shall apply in respect of a person appointed in pursuance of sub-paragraph (3) above.\n(5) A person appointed in pursuance of sub-paragraph (3) above shall come into office on such date and, subject to the provisions of paragraphs 3, 4 and 7 of Part I of Schedule 1 to the Dundee Port Authority Order 1975, shall continue in office for such period as the Secretary of State may specify when he makes the appointment.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "See c.xviii."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 1992/1435."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1995/3023/schedule/paragraph/9",
    "retrieved_at": "2026-10-29T12:57:46.155506+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."
}