Paragraph 10 Constitution of the Authority
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 articles 5 and 8 of, and Schedule 1 to, the Medway Ports Reorganisation Scheme 1968f1, section 83 of the Medway Ports Authority Act 1973 and the Medway Ports Authority Revision Order 1974f2 (which make provision as respects the constitution of the Authority) shall have no effect in relation to the Successor Company.
For the purposes of the provisions of the Medway Ports Authority Revision Order 1974 in its application to the Authority after the transfer date—
the general manager of the Successor Company (whether designated by that company as general manager, managing director or otherwise) shallbe taken to be the general manager of the Authority, and
a full-time employee of the Successor Company shall be taken to be a full-time officer of the Authority; and accordingly—
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
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.
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 Medway Ports Authority Revision Order 1974:
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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.
For the avoidance of doubt it is hereby declared that—
those provisions of—
Schedule 1 to the Medway Ports Reorganisation Scheme 1968; and
the Schedule to the Medway Ports Authority Revision Order 1974;
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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
the provisions of article 3(5) and (6) of the Medway Ports Authority Revision Order 1974 shall not apply in respect of a person appointed in pursuance of sub-paragraph (3) above.