# The Montrose Harbour Revision Order 1991, Article 4: The new constitution


(1) On and after the new constitution date the Authority shall consist of a chairman and not fewer than seven and not more than nine other members.
(2) The chairman and three other members of the Authority shall be appointed by the Secretary of State.
(3) The Regional Council, the District Council and the Community Council shall each appoint one member of the Authority.
(4) The chief executive officer shall be a member of the Authority.
(5) The Authority may appoint up to two members of the Authority. A member appointed under this paragraph shall hold office for such period not exceeding one year as may be specified by the Authority at the time of his appointment (and may be reappointed by the Authority in accordance with this paragraph at the expiry of such period).
(6) In selecting persons for appointment as members of the Authority the Secretary of State, the Regional Council, the District Council, the Community Council and, in respect of any person to be appointed under paragraph (5) above, the Authority, shall each select persons who appear to him or to them, as the case may be, to have wide experience of, and to have shown capacity in, one or more of the matters mentioned in paragraph (7) below or to have in some other respect special knowledge or experience that would be of value to the Authority in the performance of their functions and the Secretary of State shall have regard to the desirability of appointing members who are familiar with the special requirements and circumstances of the area served by the undertaking of the Authority.
(7) The matters referred to in paragraph (6) above are—
(a) the management of harbours;
(b) shipping or other forms of transport;
(c) commercial, financial or industrial matters;
(d) administration;
(e) the organisation of workers; and
(f) nvironmental matters affecting the area in the vicinity of the Harbour.
(8) No person shall be appointed as a member of the Authority under paragraph (2), (3) or (5) above if he is a member or officer of another harbour authority (as defined in section 57(1) of the Harbours Act 1964) and if a member of the Authority becomes such a member or officer the Authority may declare his office as a member of the Authority to be vacant and thereupon the office shall become vacant. The foregoing provisions of this paragraph shall not apply in relation to a person who is a member or officer of a local authority which is such a harbour authority as aforesaid unless he is a member of the committee of the authority which is responsible for the administration of the harbour in question and participates in the decisions of that committee as respects that harbour. In this paragraph “local authority” means, in relation to Scotland, an islands, regional or district council and, in relation to England or Wales, a district council.

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Source: https://www.legislation.gov.uk/uksi/1991/1745/article/4 (the official version)
Page: https://openlegislation.uk/montrose-harbour-revision-order-1991/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.