The Gloucester Harbour Revision Order 1994

Article 5

SCHEDULEPROVISIONS APPLYING TO THE TRUSTEES

1.  The first meeting of the Trustees on or following each 1st August on which the Trustees take office pursuant to article 4 of this Order shall be convened by the clerk to the Trustees as soon as reasonably possible after that date and the clerk shall send notice of that meeting by post to each of the Trustees.

2.—(1) At each such meeting the trustees present shall choose one of their number to act as chairman of the Trustees, and at that meeting or any subsequent meeting the trustees present may choose another of their number to act as deputy chairman.

(2) So long as they continue as trustees the persons chosen under sub-paragraph (1) above to act as chairman and deputy chairman respectively shall hold office as such from and including the meeting at which they are chosen until the next appointment of a chairman.

3.—(1) If any casual vacancy occurs in the office of chairman, the Trustees shall as soon as may be after the occurrence of such vacancy choose some other trustee to fill the vacancy.

(2) If any casual vacancy occurs in the office of deputy chairman, the Trustees may choose some other trustee to fill the vacancy.

(3) So long as he continues as a trustee every person chosen under this paragraph to act as chairman or deputy chairman shall continue in office as such for as long as the person in whose place he has been so chosen would have been entitled to continue in office if the casual vacancy had not occurred.

4.  In the absence of the chairman the person for the time being holding office as deputy chairman (if any) shall have and may exercise all the powers of the chairman.

5.  If at a meeting of the Trustees neither the chairman nor the deputy chairman is present the trustees present shall choose one of their number to be chairman of the meeting.

6.  The Trustees may appoint such committees consisting of trustees as they see fit and may delegate to a committee appointed under this paragraph the performance of any of their powers or duties except—

(a)a duty imposed on the Trustees by or under any enactment;

(b)the making of byelaws;

(c)the levying of ship, passenger and goods dues;

(d)the appointment of a harbour master;

(e)powers or duties relating to the laying down of buoys, the erection of lighthouses and the exhibition of lights, beacons and sea-marks, so far as those powers or duties are exercisable for the purposes of the safety of navigation;

(f)the nomination of persons to act as constables.

7.  The Trustees may act notwithstanding a vacancy among the Trustees and no act of the Trustees or of any committee of the Trustees shall be deemed to be invalid by reason of any irregularity in the appointment of a trustee or of their chairman or deputy chairman. 8. A trustee shall vacate his office if he—

(a)is adjudged bankrupt or makes a composition or arrangement with his creditors; or

(b)is convicted in the British Islands of any offence and ordered to be imprisoned for a period of not less than three months; or

(c)has, for a period of four consecutive months, been absent from meetings of the Trustees otherwise than by reason of illness or some other cause approved during that period by the Trustees.

9.  A trustee may resign his office at any time by notice in writing given to the clerk to the Trustees.

10.  If at any meeting of the Trustees there is an equality of votes on a question, the chairman of the meeting shall have a second or casting vote.

11.  The quorum required for a meeting of the Trustees shall be seven.

12.  The Trustees may appoint upon such terms and conditions as they see fit a clerk and such other officers and servants as they may determine.

13.  Each trustee shall be liable for his own expenses in attending meetings of the Trustees.

14.—(1) The Trustees shall cause minutes to be made—

(a)of the names of trustees present at a meeting of the Trustees or of a committee of the Trustees; and

(b)of all proceedings or resolutions at such meetings; and such minutes, if signed by a person purporting to be chairman of the meeting to which the minutes relate or of a subsequent meeting at which the minutes were approved as a correct record, shall be received in evidence without further proof.

(2) Until the contrary is proved, a meeting for which minutes have been so made or signed shall be deemed to have been duly convened and held and, if it was a meeting of a committee, that committee shall be deemed to have had power to deal with the subject of the minutes.

15.  A document purporting to be duly executed under the seal of the Trustees shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document duly executed.

16.  Subject to the provisions of this Schedule, the procedure of the Trustees shall be regulated in such manner as the Trustees determine.