Harbours, Docks, Piers And Ferries Citation and commencement 1 1 This Order may be cited as the St. Andrews Harbour Revision (Constitution) Order 2010 and shall come into force on the day after the day on which it is made. 2 The St. Andrews Harbour Order 1897 and this Order may be cited together as the St. Andrews Harbour Orders 1897 to 2010. Interpretation 2 In this Order— “the 1847 Act ” means the Commissioners Clauses Act 1847; “ the Trustees ” means the St. Andrews Harbour Trustees; “ the Council ” means Fife Council or any statutory successor thereto; “the new constitution date” means 1st December 2010 or the date on which this Order comes into force whichever is the later. Incorporation of sections of the Commissioners Clauses Act 1847 3 1 Sections 2, 53, 56, 58 to 60 and 65 of the Commissioners Clauses Act 1847 (so far as applicable and not inconsistent with the St. Andrews Harbour Orders 1897 to 2010) shall be incorporated with this Order. 2 In construing the provisions of the 1847 Act as incorporated with this order the expression “the special Act ” means this Order and the expression “the undertakers” means the Trustees. Constitution of the Trustees 4 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. Appointment and terms of office of first Trustees 5 The first Trustees appointed under article 4(1) shall hold office as follows:— a four shall hold office from the new constitution date until 30th November 2011; b four shall hold office from the new constitution date until 30th November 2012; c four shall hold office from the new constitution date until 30th November 2013, as the panels constituted under article 4(1)(c) and (d) shall specify when they make those appointments. Transitional co-opted Trustees 6 To ensure that the Trustees have sufficient experience for the efficient exercise of their functions from and after the new constitution date, the Trustees shall (if not already appointed under article 4(1)) co‑opt the former chair and four other former Trustees to serve as co‑opted Trustees for a period of twelve months beginning on the new constitution date. Terms of office of subsequent Trustees 7 A Trustee appointed under article 4(1) (other than a Trustee appointed under article 5 or co-opted under article 6 shall, unless appointed to fill a casual vacancy and subject to the provisions of this Order, hold office for a period of three years from 1st December next following that appointment. Declaration to be made by Trustees 8 No person shall be capable of acting as a Trustee until the declaration set out in Schedule 1 to this Order has been made; and a person shall cease to be a Trustee if that declaration has not been made within three months of the date of appointment. Casual Vacancies 9 1 A casual vacancy arising in the office of a Trustee shall be filled by the appointment of a Trustee by the other Trustees in accordance with the provisions of article 4(1) with regard to the respective numbers of Council and non‑Council Trustees. 2 A Trustee appointed to fill a casual vacancy under this article shall hold office (unless that person previously dies or otherwise ceases to be a Trustee) during the remainder of the term for which the Trustee in whose place that person was appointed, would, in ordinary course, have continued in office. Disqualification of Trustees 10 If the Trustees are satisfied that a Trustee has without the permission of the Trustees been absent from meetings of the Trustees— a during a period— i when three such meetings have been held; or ii of three consecutive months; whichever is the longer; or b has become bankrupt or made an arrangement with creditors; or c is incapacitated by physical or mental illness from discharging the functions of a Trustee; or d is otherwise unable, unwilling or unfit to discharge the functions of a Trustee, the Trustees may declare the office of such a person as a Trustee to be vacant and thereupon the office shall become vacant. Indemnity insurance for Trustees 11 The Trustees may enter into, and pay premiums for, a contract of insurance to indemnify the Trustees jointly or severally against personal liability arising from any act or omission of the Trustees collectively or individually not being an act or omission which the Trustee or Trustees in question knew to be a breach of duty or, concerning which, the Trustee or Trustees was or were reckless as to whether it was such a breach. Incidental provisions relating to Trustees 12 On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Trustees. Harbour Charges 13 On and after the new constitution date the Trustees may, subject to the provisions of the St. Andrews Harbour Orders 1897 to 2010 demand, recover and receive for the use of the Harbour, such sums, other than ship, passenger and goods dues, as the Trustees may from time to time determine. Publication of Trustees’ annual statement of accounts 14 The Trustees shall prepare an annual statement of accounts as at the end of each financial year and shall appoint a suitably qualified person to examine and audit such statement of accounts; and as soon as reasonably practicable after the said annual statement of accounts has been prepared and audited the Trustees shall make available a copy of the statement for a period of three months at the offices of the Clerk to the Trustees 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 with a copy. Borrowing powers 15 The Trustees may from time to time borrow, by any methods they see fit, such sums of money as they think necessary for the purposes of meeting their obligations in carrying out their functions; and where monies are borrowed by the Trustees under this article, the Trustees may, if they see fit, borrow those monies upon the security of their assets for the time being or of their revenues or of both their assets and their revenues. Repeals and revocations 16 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. ALASTAIR WILSON A member of the staff of the Scottish Ministers St Andrew’s House, Edinburgh 17th November 2010