Article 4 Constitution of the Commissioners

(1)

On and after the new constitution date, the Commissioners, subject to articles 5, 6, 8, 10 and 11, are to consist of eleven persons of whom—

(a)

eight are to be appointed by the Commissioners;

(b)

two are to be appointed by the Council;

(c)

one is to be the harbour management representative.

(2)

Each Commissioner appointed under paragraph (1)(a) and (b) and article 10 must be a person who appears to the appointing body in question to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions.

(3)

Without prejudice to the generality of paragraph (2), the appointing bodies must have regard to the importance of the fishing industry to Newlyn and Cornwall and to the objective of ensuring that the Commissioners include persons having special knowledge, experience or ability in one or more of the following matters—

(a)

commercial licensed fishing boat ownership (in the case of at least three Commissioners, of whom at least one must be an active sea-going fisherman);

(b)

wholesale fish selling (in the case of at least one Commissioner);

(c)

commercial or financial matters;

(d)

water related leisure interests;

(e)

community matters;

(f)

management of harbours;

(g)

administration;

(h)

local government;

(i)

environmental matters; and

(j)

any other skills and abilities considered from time to time by the Commissioners to be relevant to the discharge by them of their functions.

(4)

Each of the appointing bodies must secure, so far as reasonably practicable, that the Commissioners appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.

(5)

In making an appointment under article (1)(b) the Council must have special regard to the local knowledge of any local councillor who applies to become a Commissioner under that article.

(6)

In making an appointment under paragraph (1)(a) or (b) or article 8 or 10, each of the appointing bodies must act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.