Article 5 Interviews and selection

(1)

There shall be an appointing body consisting of the following three persons none of whom shall have made an application under article 4—

(a)

the Chairman of the Board, unless the Chairman has made an application under article 4, in which case another Board member nominated by the Board;

(b)

a member of the Trust Body nominated by the Board; and

(c)

a person independent of the Trust nominated by the Board in line with guidance issued or endorsed by Scottish Ministers.

(2)

The appointing body shall meet as soon as practicable after the application date to consider the applications made under article 4.

(3)

The appointing body shall interview applicants as it sees fit.

(4)

The appointing body shall decide which persons who have applied under article 4, being no more than two in number, shall be submitted to the annual general meeting of the Trust, which shall decide whether to endorse the appointments.

(5)

At its first meeting following the annual general meeting of the Trust, the Board shall appoint to be Board members such persons submitted by the appointing body under paragraph (4) as it sees fit, having regard to the decision of the Trust Body under that paragraph.

(6)

The appointing body shall have particular regard to the following considerations when making decisions under paragraph (4)—

(a)

the special knowledge, experience or ability of applicants to contribute to the efficient and economic discharge by the Board of its functions;

(b)

the special knowledge, experience or ability of applicants in one or more of the following matters—

(i)

management of harbours;

(ii)

shipping or other forms of transport;

(iii)

the fishing industry;

(iv)

sailing and other water-related leisure activities;

(v)

navigation;

(vi)

industrial, commercial or financial matters;

(vii)

administration;

(viii)

the law relating to Scotland;

(ix)

safety;

(x)

personnel management;

(xi)

environmental matters affecting harbours; and

(xii)

any other skills and matters considered relevant from time to time by the Board to the discharge by it of its functions;

(c)

any guidance issued by the Scottish Ministers from time to time with respect to the exercise of such functions; and

(d)

without prejudice to the generality of paragraph (c), guidance that the Board members shall not normally be eligible for re-appointment who have already served three terms, or in the case of the Chairman of the Board, four terms.

(7)

Each Board member shall renew the declaration of interests as set out in Schedule 1 annually following initial appointment.