Statutory Instruments of the Scottish Parliament

"the 1990 Act" means the Fraserburgh Harbour Order Confirmation Act 1990;

"application date" in 2001 means 21st December and for all other years means the first Friday in November;

"appointing body" has the meaning given by article 5(1);

"approved candidates" means applicants for election as Commissioner whom the appointing body decide should go forward for election under article 5(4);

"the Commissioners" means the Fraserburgh Harbour Commissioners holding office either under the 1990 Act or this Order as the case may require;

"election date" means the second Friday in January;

"the new constitution date" means the election date in the year 2004;

"parish" means the parish of Fraserburgh in Aberdeenshire; and

"senior salaried official" means any of the Harbour Master, the Harbour Superintendent, the Harbour Treasurer or the Harbour Clerk.

(a) four persons nominated and elected by the shipowners, qualified as hereinafter provided;

(b) four persons nominated and elected by the harbour ratepayers, qualified as hereinafter provided;

(c) two persons nominated and elected by the parishioners, qualified as hereinafter provided;

(d) one person appointed by the Commissioners who is a senior salaried official of the Commissioners; and

(e) one person appointed by the Commissioners having been nominated by Aberdeenshire Council

and application, appointment or election under a sub-paragraph of this paragraph shall mean application, appointment or election for the post of Commissioner described in that sub-paragraph.

    (2) The arrangements for election and appointment of Commissioners shall be as follows - 

(a) on the election date in the year 2002 and every third year thereafter,


(i) two Commissioners shall be elected in accordance with sub-paragraph (1)(a) above,

(ii) one Commissioner shall be elected in accordance with sub-paragraph (1)(b) above, and

(iii) one Commissioner shall be appointed in accordance with sub-paragraph (1)(d) above;



(b) on the election date in the year 2003 and every third year thereafter,



(i) one Commissioner shall be elected in accordance with sub-paragraph (1)(a) above,

(ii) two Commissioners shall be elected in accordance with sub-paragraph (1)(b) above, and

(iii) one Commissioner shall be appointed in accordance with sub-paragraph (1)(e) above;



(c) on the election date in the year 2004 and every third year thereafter,



(i) one Commissioner shall be elected in accordance with sub-paragraph (1)(a) above,

(ii) one Commissioner shall be elected in accordance with sub-paragraph (1)(b) above, and

(iii) two Commissioners shall be elected in accordance with sub-paragraph (1)(c) above.

(a) such sums of money as they think necessary not exceeding eight million pounds; and

(b) with the consent of the Scottish Ministers, such further sums of money as they may require.

    (2) In calculating the aggregate sums of money borrowed by the Commissioners under paragraph (1) above, there shall be excluded any sums borrowed for the purpose of repaying within 12 months of the date of borrowing any sum for the time being outstanding by way of principal on any amount previously borrowed.

    (3) Moneys borrowed by the Commissioners under this article shall be applied only to purposes for which the Commissioners may apply such money under any statutory provision.

    (4) For the purposes of paragraph (3) above, but without prejudice to the generality of that paragraph, purposes to which capital money is properly applicable shall be deemed to include - 

(a) the payment of any interest, falling due within five years immediately following the date of borrowing, on any sum of money borrowed by the Commissioners under this article; and

(b) the repayment, within twelve months from the date of borrowing, of any sum for the time being outstanding by way of principal on any amount previously borrowed.

• ever been convicted of any offence (other than minor motoring) which is not spent in accordance with the Rehabilitation of Offenders Act 1974?

• any charges outstanding?

• become bankrupt in the past ten years?

• been dismissed from any office or employment in the past ten years?

• ever been disqualified from either acting as a company director or in the management of a company?

• ever been a director, partner or manager of a company which has gone into liquidation, receivership or administration?

Are there any other relevant facts to declare which you feel might be raised in public in future in relation to your suitability to hold the appointment for which you are being considered, for example because they could be presented as a conflict of interest?

Other Business Interests
Current employment details.

Please state whether there are any companies, partnerships, or other organisations:

• in which you or members of your family or close associates have shares or securities with a nominal value of more than £25,000 or 1/100th of the total issued share capital;

• of which you are or have been a director or partner in the last 10 years;

• of which you own more than 50% whether or not you are a director or partner.

If the answer to any of these questions is yes, please give details on a separate sheet.

Other Appointments
Have you any other current public appointments paid or unpaid? Please give details.

Other Interests
Are you a member of any political party, club or closed society (such as the Freemasons)? Please give details.

Do any of your close family or associates have pecuniary or non-pecuniary interests which relate closely, or could be construed as relating closely, to the Fraserburgh Harbour Commissioners' activities? If yes please provide details on a separate sheet.

Declaration
You are required to notify the Fraserburgh Harbour Commissioners of any other information that you consider relevant to an assessment of your suitability as a Commissioner. For example you must declare any associations, convictions, bankruptcies or other appointments which might lead to allegations of a conflict of interest and to report any significant change in the future to the information provided here.

I certify that the information given above is complete and correct to the best of my knowledge.

I also certify that, if appointed to the Fraserburgh Harbour Commissioners I will inform the convenor immediately of any change of circumstances which would result in a "yes" answer being given to any of the above questions if they were put to me.

Signed

Name

Date

(a) the remainder of a term during which the Commissioner was appointed to fill a casual vacancy under article 9 above; or

(b) any term served by the Commissioner prior to the new constitution date.

Committees

     11. The Commissioners may, consistently with their duties and subject to such conditions as they think fit, delegate any of their functions to a committee of the Commissioners.