The Inverness Harbour Revision (Constitution) Order 2012

Made: 7th November 2012

Coming into force: 8th November 2012

In accordance with paragraph19(2) of that Schedule[^f00005], Ministers have decided to make this Order in the form of the draft submitted to them.

Citation and Commencement

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• (1) This Order may be cited as the Inverness Harbour Revision (Constitution) Order 2012 and shall come into force on the after the day on which it is made.

• (2) The Inverness Harbour Acts and Orders 1808 to 2005 and this Order may be cited together as the Inverness Harbour Acts and Orders 1808 to 2012 (hereinafter referred to as “The Harbour Acts and Orders”).

Interpretation

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In this Order unless the context otherwise requires, the following expressions shall have the following meanings hereby assigned to them respectively:—

• “Order of 1911” means the Inverness Harbour Order 1911;

• “Order of 2002” means the Inverness Harbour Revision (Constitution) Order 2002;

• “Trust” means the Inverness Harbour Trust (otherwise the Trustees of the Harbour of Inverness);

• “Trustees” means the Trustees of the Harbour of Inverness.

Incorporation of section 60 of Commissioners Clauses Act 1847

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After article 2 (Interpretation) of the Order of 2002 there shall be inserted—

(2A) Section 60 of the Commissioners Clauses Act 1847 shall be incorporated with this Order and in construing this section as incorporated with this Order the expression “the special Act” means this Order.

Constitution of Trust

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• (1) The Order of 2002 is amended in accordance with paragraphs (2) to (5).

• (2) For Article 3(1) (Constitution of Trust) substitute—

the Trust shall consist of a minimum of eight members all of whom shall be appointed by the Trustees. These shall be:— (a) at least seven trustees appointed by the Trustees of the Harbour of Inverness; and (b) the Chief Executive of the Trust as long as he remains in the employment of the Trust; and (c) such further trustees appointed by the Trustees of the Harbour of Inverness from time to time.

• (3) Article 4 (Rights of Highland Council regarding Appointments) shall be deleted.

• (4) In Article 11 (Incidental provisions relating to the Trust) substitute “2” for “3” where it occurs in the first line.

• (5) In Schedule 2 (INCIDENTAL PROVISIONS RELATING TO THE TRUST) for paragraph9(2) (Meetings of Trustees) substitute—

The Trust shall meet at least 6 times during each year in accordance with an agreed Schedule of Meetings which shall endeavour to evenly space these meetings throughout the year.

Signed

JOHN NICHOLLS — A member of the staff of the Scottish Ministers — 7th November 2012

Footnotes

[^f00001]: 1964 c.40; section14 was relevantly amended by the Transport Act 1981 (c.56), Schedule6, paragraphs 2,3, 4(1) and 14 and Schedule12 and the Transport and Works Act 1992 (c.42), Schedule3, paragraph1. See sections 14(7) and57(1) of the Harbours Act 1964 for the definitions of “the appropriate Minister” and “the Minister”. The functions of the Minister of the Crown were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46).

[^f00002]: Schedule 2 was relevantly amended by the Transport and Works Act 1992 (c.42), Schedule3, paragraph 9.

[^f00003]: Paragraph10 of Schedule3 was substituted by S.I. 1999/3445 and is amended by the Transport and Works (Scotland) Act 2007 (asp8), section25(5)(b) and (c).

[^f00004]: Paragraph17 of Schedule3 was substituted by S.I.1999/3445 and is amended by the Transport and Works (Scotland) Act 2007 (asp8), section25(5)(g).

[^f00005]: Paragraph19(2) of Schedule3 was substituted by S.I. 1999/3445.