Paragraph 8

(1)

If the Board is satisfied that a Member (other than the harbour master or the Clerk) including the Chairperson or Vice-Chairperson—

(a)

has been absent from meetings of the Board for eight consecutive months or more without the permission of the Board;

(b)

has become bankrupt or has made an arrangement with that Member’s creditors;

(c)

is incapacitated by physical or mental illness from discharging the functions of a Member;

(d)

has knowingly failed in a material respect to act in that Member’s capacity as a Member independently of any particular interest;

(e)

has been convicted of a criminal offence;

(f)

has failed to declare a conflict of interest or otherwise acted improperly; or

(g)

persistently acts in a manner calculated seriously to impede or prejudice the carrying on of the business of the Port Authority; or

(h)

appears to a majority of the Board to be unable, unfit or unwilling adequately to discharge that Member’s functions as a Member;

the Board may by resolution declare that Member’s office as a Member to be vacant, and the office becomes vacant.

(2)

For the purposes of sub-paragraph (1)(a) above the attendance of a Member at a meeting of any committee of the Board of which that Member is a Member is to be treated as attendance at a meeting of the Board.

(3)

A resolution under sub-paragraph (1)—

(a)

is extraordinary business for the purpose of section 43 of the Commissioners Clauses Act 1847; and

(b)

is not effective unless passed by a majority of the whole number of the Members.