# The Montrose Harbour Revision Order 1991, Article 5: Appointments and terms of office of members appointed by the Secretary of State, the Regional Council, the District Council and the Community Council


(1) The Secretary of State, the Regional Council, the District Council and the Community Council shall each appoint the first member or members of the Authority to be appointed respectively by him or them under article 4 of this Order before the new constitution date and the members so appointed shall come into office on that date and, subject to the provisions of the Schedule to this Order, shall continue in office for the period of three years beginning on the new constitution date. The members of the Authority holding office immediately before the new constitution date shall go out of office on that date.
(2) Every vacancy, other than a casual vacancy, among the members of the Authority appointed as aforesaid shall be filled by a person appointed by the Secretary of State, the Regional Council, the District Council or the Community Council, as the case may be, on or before the date on which the vacancy will occur (or where a casual vacancy has occurred four months or less before the end of the vacating member’s normal term of office and, in accordance with proviso (a) to paragraph (3) below, has been left unfilled, on or before the date on which the vacancy would normally have occurred) in accordance with the provisions of article 4 of this Order and every member so appointed shall come into office on the date when the vacancy occurs or would have occurred (as the case may be) and, subject to the provisions of the Schedule to this Order, shall continue in office for the period of three years beginning on that date:
Provided that if for any reason a member is not appointed on or before the date on which the vacancy occurs (or, where a casual vacancy has occurred four months or less before the end of the vacating member’s normal term of office and, in accordance with proviso (a) to paragraph (3) below, has been left unfilled, on or before the date on which the vacancy would normally have occurred) he shall be appointed as soon as practicable thereafter and shall come into office upon his appointment and, subject as aforesaid, shall continue in office for the remainder of the said term.
(3) Any casual vacancy among the members of the Authority appointed as aforesaid shall be filled as soon as practicable by the appointment by the Secretary of State, the Regional Council, the District Council or the Community Council, as the case may be, in accordance with the provisions of article 4 of this Order, of a new member and the member so appointed shall come into office upon his appointment or, where the appointment is made in advance to fill a casual vacancy which is known to be about to occur, upon that vacancy occurring, and, subject to the provisions of the Schedule to this Order, shall hold office during the remainder of the term of the member in whose place he has been appointed:
Provided that–
(a) a casual vacancy (other than in the office of chairman) occurring four months or less before the end of the vacating member’s normal term of office may, at the discretion of the Secretary of State, the Regional Council, the District Council or the Community Council, as the case may be, be left unfilled, and
(b) the Secretary of State may, if he sees fit, fill a casual vacancy in the office of chairman by appointing as chairman a person who is already a member of the Authority and if he does so that appointment shall be deemed to create a casual vacancy in the office of the member who is appointed as chairman.

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Source: https://www.legislation.gov.uk/uksi/1991/1745/article/5 (the official version)
Page: https://openlegislation.uk/montrose-harbour-revision-order-1991/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.