Paragraph 11 Constitution of the Authority

(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 article 3(2) of, and Schedule 1 to, the Forth Harbour Reorganisation Scheme 1966^f1, the Forth Ports Authority (Constitution) Revision Order 1973^f2 and the Forth Ports Authority (No. 2) Order 1980^f3(which make provision as respects the constitution of the Authority) shall have no effect in relation to the Successor Company.

(2)

For the purposes of the provisions of those enactments in their application to the Authority on and after the transfer date—

(a)

the general manager of the Successor Company (whether designated by that company as general manager, managing director or otherwise) shall be taken to be the general manager of the Authority, and

(b)

a full-time employee of the Successor Company shall be taken to be a full-time officer of the Authority;

and accordingly—

(i)

if the person who is the general manager of the Authority immediately before the transfer date becomes the general manager (however designated) of the Successor Company on the transfer date, he shall not thereby cease to be an ex-officio member of the Authority; and

(ii)

any person who, immediately before the transfer date, is a full-time officer of the Authority and (in that capacity) a member of the Authority and who on that date becomes a full-time employee of the Successor Company shall not thereby cease to be a member of the Authority.

(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 Forth Ports Authority (Constitution) Revision Order 1973:

Provided 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.

(4)

For the avoidance of doubt it is hereby declared that—

(a)

those provisions of—

(i)

Schedule 1 to the Forth Harbour Reorganisation Scheme 1966; and

(ii)

the Schedule to the Forth Ports Authority (Constitution) Revision Order 1973; which apply in respect of a member of the Authority appointed by the Secretary of State shall apply in respect of a person appointed in pursuance of sub-paragraph (3) above; and

(b)

the provisions of article 3(3) and (4) of the Forth Ports Authority (Constitution) Revision Order 1973 shall not apply in respect of a person appointed in pursuance of sub- paragraph (3) above.

(5)

A person appointed in pursuance of sub-paragraph (3) above shall come into office on such date and, subject to the provisions of Schedule 1 to the Forth Harbour Reorganisation Scheme 1966, shall continue in office for such period as the Secretary of State may specify when he makes the appointment.

Annotations

Footnotes

f1: See 1967 c.xli.
f2: S.I. 1973/1284.
f3: See 1980 c.iii.