Article 4 Constitution of the TrusteesI1

Scotland

(1)

On and after the new constitution date the Trustees shall consist of—

(a)

ten persons appointed by the Trustees of whom at least one shall be a person involved in the operation or management of the St. Andrews Harbour; and

(b)

two persons appointed by the Council.

(2)

The current Trustees shall resign office on the new constitution date but shall all be eligible for reappointment with effect from that date; provided always that no current Trustee who has served as such for three periods of three years (or in the case of the chair for four periods of three years) prior to the new constitution date shall be eligible for reappointment.

(3)

The ten persons to be appointed by the Trustees shall be selected by a panel of three persons to be appointed by the Trustees comprising the chair of the Trustees and two other stakeholders, namely a person appointed by the Council and a harbour user representative.

(4)

The two persons to be appointed as Trustees by the Council shall be selected by a panel of three persons chaired by a representative of the Council consisting of said representative, a Trustee who is independent of the Council and a harbour user representative.

(5)

Each Trustee appointed shall be a person who appears to the Trustees and the Council to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Trustees of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters:—

(a)

management of harbours;

(b)

usage of port facilities;

(c)

commercial boating activities;

(d)

industrial, commercial and financial matters;

(e)

administration;

(f)

the organisation of employees;

(g)

the fishing industry;

(h)

financial management;

(i)

the laws relating to Scotland;

(j)

safety management;

(k)

commercial marketing;

(l)

environmental matters affecting harbours;

(m)

civil engineering;

(n)

local government and community interests;

(o)

recreational, sporting and leisure activities including without prejudice to the generality, recreational and competitive boating activities; and

(p)

any other skills and matters considered from time to time by the Trustees and the Council to be relevant to the discharge by them of their functions, and the Trustees and the Council shall secure, so far as reasonably practicable, that the persons 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.

(6)

No person shall be excluded from appointment as a Trustee by reason of gender, ethnic origin or religious affiliation.

(7)

In making an appointment under paragraph (1) or article 9, the Trustees and the Council shall take account of any guidance issued by the Scottish Ministers from time to time with respect to the exercise of such functions.

Annotations

Commencement

I1: Art. 4 in force at 18.11.2010, see art. 1(1)