HARBOURS, DOCKS, PIERS AND FERRIES Citation and commencement 1 1 This Order may be cited as the Shoreham Port Authority Harbour Revision (Constitution) Order 2004, and shall come into force on 16th June 2004. 2 The Shoreham Port Authority Acts and Orders 1926 to date and this Order may be cited together as the Shoreham Port Authority Acts and Orders 1926 to 2004. Interpretation 2 In this Order— “ the Authority ” means the Shoreham Port Authority; “ the Board ” means the Board of the Authority from time to time; “the new constitution date” means 21st June 2004; “the 1968 Order ” means the Shoreham Port Authority Revision Order 1968 ; and “the 1985 Order ” means the Shoreham Port Authority Revision Order 1985 . Constitution of the Board 3 1 On and after the new constitution date, the Board shall consist of— a 9 members appointed by the Authority; b the Chief Executive for the time being of the Authority; and c if the Board shall so decide not more than 2 additional full-time officers of the Authority. 2 Each member appointed under paragraph (1)(a) above shall be a person who appears to the Authority to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Authority of its 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 ports or harbours; b knowledge and experience of representation within the locality of Adur District Council and/or West Sussex County Council; c knowledge and experience of representation within the locality of Brighton and Hove City Council; d knowledge and experience of private commercial activities within the Port of Shoreham; e shipping or the navigation of ships; f industrial, commercial legal and financial management; g recreational maritime activities; h environmental maritime activities; i the organisation of labour, safety and personnel management; j commercial marketing, public relations or information technology; k any other skills and abilities considered from time to time by the authority to be relevant to the discharge of their functions; and the Authority shall secure, so far as reasonably practicable, that the members appointed by it 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 the Authority of its functions. 3 In making an appointment under paragraph (1)(a) or (c) above, the Authority 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 members 4 The first appointments under article 3(1)(a) above shall be made on or as soon as practicably after the date on which this Order comes into force and on the following basis— a the members currently appointed under paragraphs 2(b), (c), (d), (f), (h) of Part I of Schedule 1 to the 1968 Order shall be replaced with five members appointed hereunder with effect from the new constitution date; b the other members who have been appointed under the 1968 Order shall be re-appointed hereunder and shall hold office until 31 December 2005. Terms of office of subsequent members 5 A member appointed under article 3(1)(a) or (c) above (other than a member appointed under sub-paragraph 4(1)(b)) shall, unless appointed to fill a casual vacancy and subject to the provisions of Schedule 1 to the 1968 Order and articles 6 and 8 of, and paragraph 11 of Schedule 2 to this Order, hold office for a term of three years from the date of his appointment. Declaration to be made by members 6 No person shall act as a member 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 member if he fails to make that declaration within three months of the date of his appointment. Casual vacancies and co-opted members 7 1 A casual vacancy arising in the office of a member appointed under article 3(1)(a) above shall, unless it is not reasonably practicable to do so, be filled by the appointment of a member in accordance with article 3(2) and 3(3) above. 2 A member appointed to fill a casual vacancy under this article shall, subject to articles 6 and 8 of, and paragraph 11 of Schedule 2 to, this Order, and subject to the provisions of the 1968 Order, hold office, during the remainder of the term for which the member whom he replaces was appointed. 3 The members of the Authority referred to in article 3(1)(a) above may at any time co-opt not more than two persons to serve as members for such period not exceeding twelve months as the co-opting members may specify at the time of co-option. Disqualification of members 8 If the Board is satisfied that a member— a has without the permission of the Authority been absent from the meetings of the Board— i for a period during which three such meetings have been held; ii for a period of three consecutive months, whichever of these 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 member; or d is otherwise unable, unwilling or unfit to discharge the functions of a member; the Board may declare his office as a member to be vacant and thereupon the office shall become vacant. Incidental Provisions 9 On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Authority. Borrowing Limit 10 In article 3(1) of the 1985 Order (which specifies the limit for the borrowing powers of the Authority) for the words “twenty million pounds” there shall be substituted the words “50 million pounds (or that sum adjusted in accordance with article 11 of the Shoreham Port Authority Harbour Revision (Constitution) Order 2004)”. CPI adjustment of borrowing limit 11 1 The Board shall adjust that sum mentioned in article 3(1) of the 1985 Order in line with any movement (calculated to 1 decimal place) in CPI 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 Authority. 3 In paragraph (1) above, “CPI” means the Consumer Price Index, being the main measure of inflation published in the monthly publication of the Office of National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index. Consequential amendments 12 1 In section 50(6) of the Shoreham Harbour Act 1949, for the words “neither the Trustees nor the authority shall use” there shall be substituted the words “The Trustees shall not use”. 2 In paragraph 9 of Part 1 of Schedule 1 to the 1968 Order, for the word “seventieth” there shall be substituted the words “sixty fifth”. Repeals and revocations 13 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 repealed or revoked to the extent specified in the third column of that Schedule. Signed by the authority of the Secretary of State for Transport Phil Carey Head of Ports Division, Department for Transport 8th June 2004