# Scrabster (Forward Supply Base) Harbour Revision Order 1998, Paragraph 3


For Section IV (Creditors to be summoned to Meetings for electing Trustees) there shall be substituted the following section:—
“
Election of new trustees where there is a vacancy
IV If any vacancy shall occur in the office of Trustee as hereinbefore mentioned any three of the remaining Trustees or three of those persons entitled to vote under Section III of this Act may give notice of such vacancy to the Clerk to the Trustees who shall within 14 days of being notified of the vacancy by means of an advertisement in a paper circulating in Caithness give notice of such vacancy and summon a meeting of those persons entitled to vote under Section III of this Act to be held for the purpose of electing a new Trustee not sooner than 28 days and not later than 42 days after publication of the advertisement. Nominations for the office of Trustee shall be in writing, signed by at least two persons entitled to vote and shall be lodged with the Clerk to the Trustees within 14 days after publication of the advertisement. The Clerk to the Trustees shall by means of an advertisement in a paper circulating in Caithness give notice of the nominations at least 7 days before the meeting. A new Trustee shall be elected by a majority of the votes of those persons entitled to vote under Section III of this Act who shall be present at such meeting or of the proxies of those persons entitled to vote under Section III of this Act who shall not attend personally.
The quorum for any meeting summoned under this Section shall be five persons entitled to vote at such meeting or their proxies. A person entitled to vote at any meeting summoned under this Section may only appoint a proxy by delivering to the Clerk to the Trustees, not later than 48 hours prior to the time of the meeting, a form of proxy in any common or usual form identifying the person appointed as proxy and signed by the person entitled to vote. The delivery of a form of proxy shall not prevent the person entitled to vote from attending the meeting and voting in person. A person appointed as a proxy in relation to any meeting need not be a person entitled to vote at such meeting but if a person entitled to vote at the meeting is appointed proxy for any other person entitled to vote at the meeting, he shall have an additional vote for each person whom he represents as proxy. The persons entitled to vote at any meeting summoned under this Section who are present in person or by proxy shall elect one of their number to be Preses of the meeting and in the case of an equality of votes, the Preses shall have a casting vote besides his vote as a member of the meeting. At any meeting summoned under this Section, a separate Resolution shall be put to the meeting for the election as a Trustee of each person validly nominated for election and each person entitled to vote who is present at the meeting in person or by proxy shall have a single vote which may be cast for or against each such Resolution. If, after Resolutions have been put to the meeting for the election of each person who has been validly nominated for election, more nominees would have been elected as Trustees than there are vacancies, those elected as Trustees shall be the persons in whose favour the most votes have been cast (after deducting in each case the number of votes cast against such person). Provided that, if it is necessary, in order to fill a vacancy, to choose between nominees in whose favour an equal number of votes have been cast (after deducting in each case the number of votes cast against such person), the choice between such nominees shall be made by lot, in a manner determined by the Preses
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Source: https://www.legislation.gov.uk/uksi/1998/1221/schedule/2/paragraph/3 (the official version)
Page: https://openlegislation.uk/scrabster-forward-supply-base-harbour-revision-order-1998/schedule-2/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.