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Constitution of Commission
     4.  - (1) Subject to article 7 below, on and after the new constitution date the Commission shall consist of - 

(a) not less than six and not more than eight members appointed by the Commissioners; and

(b) the Chief Executive for the time being of the Commissioners.

    (2) Each Commissioner appointed under paragraph (1)(a) above shall be a person who appears to the Commissioners to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners 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) the ports industry;

(b) shipping or other forms of transport;

(c) financial management;

(d) the laws relating to England;

(e) industrial or public relations;

(f) safety or personnel management;

(g) real property;

(h) commercial marketing or information technology;

(i) environmental matters affecting harbours;

(j) water-related leisure activities;

and the Commissioners shall 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.

    (3) In making an appointment under paragraph (1)(a) above or article 9 below, the Commissioners shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.

Appointment and terms of office of first Commissioners
     5.  - (1) The first appointments under article 4(1)(a) above shall be made on, or as soon as reasonably practicable after, 1st December 2003.

    (2) The Commissioners shall appoint the person who is, at the date when they make the first appointment under paragraph (1) above, the chairman of the Commissioners to be one of the first of such appointed Commissioners and he shall hold office as a Commissioner from the new constitution date until 31st December 2004 and on and after the new constitution date shall be the chairman of the Commissioners.

    (3) Of the remaining first such appointed Commissioners - 

(a) two shall hold office from the new constitution date until 31st December 2004;

(b) one or two shall hold office from the new constitution date until 31st December 2005; and

(c) the remainder shall hold office from the new constitution date until 31st December 2006;

as the Commissioners shall specify when they make each of those appointments.

Terms of office of subsequent Commissioners
     6. A Commissioner appointed under article 4(1)(a) above (other than a first appointed Commissioner referred to in article 5 above) shall, unless appointed to fill a casual vacancy and subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of three years from 1st January next following his appointment.

Power to co-opt additional Commissioners
     7.  - (1) The Commissioners referred to in article 4(1) above may at any time co-opt not more than two persons to serve as Commissioners for such period not exceeding twelve months as the co-opting Commissioners may specify at the time of co-option.

    (2) If the Commissioners exercise the power under paragraph (1) above to co-opt any person or persons to serve as Commissioners, at least one of those persons shall be a person who is, at the time of his appointment, resident or employed in the vicinity of the Port of Lancaster and who appears to the Commissioners to have special knowledge, experience or ability in one or more of the following matters - 

(a) management of harbours;

(b) industry, commerce or finance;

(c) administration;

(d) navigation;

(e) other matters such as local knowledge which are considered relevant from time to time by the Commissioners to the discharge by them of their functions.

Declaration to be made by Commissioners
     8. No person shall act as a Commissioner until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a Commissioner if he fails to make that declaration within three months of the date of his appointment.

Casual Vacancies
     9.  - (1) A casual vacancy arising in the office of a Commissioner appointed by the Commissioners shall, unless it is not reasonably practicable to do so, be filled by the appointment of a commissioner by the Commissioners, and any such appointment shall be made in accordance with article 4(2) or (3) above.

    (2) A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order hold office during the remainder of the term for which the Commissioner whom he replaces was appointed.

Disqualification of Commissioners
     10. If the Commissioners are satisfied that a Commissioner - 

(a) has without the permission of the Commissioners been absent from meetings of the Commissioners - 


(i) for a period during which three such meetings have been held; or

(ii) for a period of six consecutive months,



whichever of those periods is the longer; or

(b) has become bankrupt or made an arrangement with his creditors; or

(c) is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or

(d) is otherwise unable, unwilling or unfit to discharge the functions of a Commissioner;

the Commissioners may declare his office as a Commissioner to be vacant and thereupon his office shall become vacant.

Indemnity insurance for Commissioners
     11. The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnify the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or any of them; not being an act or omission which the Commissioner or Commissioners in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach.

Incidental provisions relating to Commissioners
     12. On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.

Publication of Commissioners' annual statement of accounts
     13. As soon as reasonably practicable after their annual statement of accounts is prepared, the Commissioners shall - 

(a) make available a copy of the statement for a period of three months at the offices of the Commissioners for inspection free of charge by members of the public and shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied a copy; and

(b) send a copy of the statement to the Lancashire County Council.

RPI adjustment of borrowing limits
     14.  - (1) On each anniversary of the new constitution date the sums mentioned in articles 24 and 27 of the Lancaster Port Commission Revision Order 1967 (which respectively authorise the Commissioners to borrow up to one million pounds for capital purposes and up to one hundred thousand pounds temporarily)[6] shall be adjusted in line with any movement (calculated to one decimal place) in RPI which occurred during the year ended on 31st December immediately preceding the anniversary in question.

    (2) Any adjustment referred to in paragraph (1) above, shall be recorded in the next following annual statement of accounts prepared by the Commissioners.

    (3) In paragraph (1) above, "RPI" means the general index of retail prices for all items published in the monthly publication of the Office for National Statistics known as "Monthly Digest of Statistics", or any successor from time to time of that index.

Revocations
     15. On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order (which include spent enactments) shall be revoked to the extent specified in the third Column of that Schedule.



Signed by authority of the Secretary of State for Transport


Phil Carey
Head of Ports Division Department for Transport

22nd October 2003

(a) in any contract or proposed contract to which the Commissioners are or would be a party or is a director of a company or body with which the contract or proposed contract is made or proposed to be made; or

(b) in any other matter with which the Commissioners are concerned,

he shall declare that interest.

    (2) If a Commissioner is present at a meeting of the Commissioners or of any committee of the Commissioners at which a contract or other matter in which he has an interest is to be considered he shall - 

(a) as soon as is practicable after the commencement of that meeting disclose his interest;

(b) not vote on any question with respect to that contract or matter; and

(c) withdraw from the meeting - 


(i) at any time if the Commissioners present by resolution require him so to do; and

(ii) while a decision on that contract or matter is being made.

    (3) This paragraph shall not apply to any interest - 

(a) which a Commissioner has in respect of the payment to the Commissioners of harbour dues;

(b) which arises in respect of the provision of harbour services or facilities affecting the trading community in general;

(c) which a Commissioner has as an employee of a public utility undertaking or as a shareholder, not being a director of a company, unless he possesses more than five per cent of the issued share capital of that company; or

(d) which the Commissioners present at the meeting by resolution declare to be too remote.

     17. The person for the time being holding office as vice-chairman shall have and may exercise in the absence or incapacity of the chairman all the functions of the chairman.

     18. If at any meeting of the Commissioners neither the chairman nor the vice-chairman are present the Commissioners present at the meeting shall choose one of their number to be the chairman of the meeting.

     19.  - (1) Every question at a meeting of the Commissioners or of a committee of the Commissioners shall be decided by a majority vote of the Commissioners present and voting.

    (2) If at any meeting of the Commissioners or of a committee of the Commissioners there is an equality of votes on any question the chairman of the meeting shall have a second or casting vote which he may exercise for or against the status quo.

[2] Schedule 3 was substituted by the Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999 No. 3445).back

[3] For the definition of "the Minister" (mentioned in section 14(7)) see section 57(1).back

[4] S.I. 1981/238.back

[5] 1847 c. 16.back

[6] S.I. 1968/532. Articles 24 and 27 were substituted by the Lancaster Port Commission Revision Order 1985 (S.I. 1985/1449), articles 3 and 4.back

[7] Paragraph 9B was inserted by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 9.back

  Prepared 29 October 2003