Article 6 Cinque ports

Subject to the provisions of paragraph (8) this article applies—

• to the areas of the boroughs of Deal and Dover as existing at 31st March 1974 as from any conferment on the District of Dover of the status of a borough;

• to the area of the borough of Folkestone as so existing as from any such conferment on the District of Shepway;

• to the areas of the boroughs of Margate and Ramsgate as so existing as from any such conferment on the District of Thanet.

and the dissolution under subsection (7) of section 246 of the Act of the charter trustees for the areas.

For the exercise of the functions in relation to the Confederation of the Cinque Ports which were immediately before 1st April 1974 exercised by the corporation of the borough of Deal, Dover, Folkestone, Margate or Ramsgate there shall be a body corporate for the area of the borough by the name—

with the addition of the name of the borough, consisting of the district councillors for the wards wholly or partly comprising the area or, if the number of those councillors is less than three, consisting of those councillors and such number of local government electors for the area appointed by the district council as will make the number of trustees up to three.

The trustees for any area may in every year appoint one of their number to be town mayor and another to be deputy town mayor. Any town mayor or deputy town mayor appointed by the charter trustees for the area under paragraph (b) of subsection (4) of section 246 of the Act shall hold office as if he had been appointed by the cinque port trustees or corporate trustees.

Subsections (10) to (16) of section 246 of the Act and the Charter Trustees Order 1974^f1 shall apply to cinque port trustees and corporate trustees as they apply to charter trustees.

All property and liabilities vested in or attaching to the charter trustees for the area shall by virtue of this order be transferred to and vest in or attach to the cinque port trustees or corporate trustees.

All contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or have effect as if they had been given) by, or against, such charter trustees shall be of full force and effect in favour of, or against, the cinque port trustees or corporate trustees.

Any action or proceeding or any cause of action or proceeding, pending or existing at the dissolution of such charter trustees, by, or against, such charter trustees shall not be prejudicially affected by reason of the dissolution, and may be continued, prosecuted and enforced by, or against, the cinque port trustees or corporate trustees.

The accounts of the charter trustees and of the committees and officers thereof shall be made up to the dissolution of the charter trustees and shall be audited in like manner and subject to the same incidents and consequences as if the charter trustees had not been dissolved:

Provided that any sum certified by a district auditor as due from any person shall be paid to the cinque port trustees or corporate trustees.

Any officer of the charter trustees shall be transferred to the employment of the cinque port trustees or corporate trustees, and paragraphs (1), (6), (8) and (13) of article 13 of the Local Authorities etc. (Staff Transfer and Protection) Order 1974^f2 shall apply to such officer as they apply to officers transferred by an article, scheme or determination mentioned in the said paragraph (1).

If any area to which this article applies becomes, or becomes comprised in, a parish, this article shall cease to apply to the area or part and accordingly the cinque port trustees or corporate trustees shall cease to act therefor.