The Port of Tyne Harbour Revision Order 2026

Schedule 2 INCIDENTAL PROVISIONS RELATING TO THE AUTHORITY

Article 12 Appointment of chair and vice-chair of the Authority 1 Subject to article 6(1)(a), a chair of the Authority must be appointed by the Secretary of State in accordance with article 5(1)(a). 2 Subject to article 6(1)(b), a vice-chair of the Authority must be appointed by those members of the Authority who are appointed under articles 5(1)(a) or (b) or 9 (casual vacancies) from amongst their number, but the chair cannot be appointed as vice-chair. 3 Subject to paragraph 5, every vice-chair appointed under paragraph 2, unless they resign their office as vice-chair or cease to be a member, holds office for a period of three years. 4 If the Secretary of State is satisfied that the chair should cease to hold their office, the Secretary of State may terminate that person’s office. 5 If those members of the Authority who are appointed under articles 5(1)(a) or (b) or 9 (casual vacancies) are satisfied that the vice-chair should cease to hold their office as vice-chair, they may terminate that person’s office as such. 6 (1) On a casual vacancy occurring in the office of chair of the Authority, the vacancy must be filled in accordance with article 9 (casual vacancies) as soon as reasonably practicable after the vacancy occurs. (2) On a casual vacancy occurring in the office of vice-chair of the Authority, the vacancy must be filled by those members of the Authority who are appointed under articles 5(1)(a) or (b) or 9 (casual vacancies) at a meeting held as soon as reasonably practicable after the vacancy occurs. (3) A member appointed under this paragraph to fill a casual vacancy in the office of vice-chair holds that office during the remainder of the term for which the vice-chair whom they replace was appointed, unless that person resigns that office or ceases to be a member. Meetings of the Authority 7 (1) The first meeting of the Authority must be convened by the Chief Executive within two months from the date this Order comes into force, and the Chief Executive must make arrangements for notice of that meeting to be sent by post or email to each of the other members. (2) The Authority must meet at least six times a year. Vacation of office by members 8 (1) A member, other than the Chief Executive, may resign their office at any time by notice in writing given to the chair of the Authority or, if that member is the chair, the vice-chair of the Authority. (2) The term of office of a member appointed under article 5(1)(d) who resigns under sub-paragraph (1) is deemed to end. Reappointment of members 9 (1) Subject to article 10 (removal of members) and the provisions of this Schedule, a vacating appointed member is eligible for reappointment as a member. (2) A vacating appointed member is not eligible for reappointment as a member where, immediately before the date in question, that person has held office for two consecutive terms unless they— (a) are the chair of the Authority; or (b) have been reappointed following public advertisement of the role and a competitive appointment process. (3) A vacating appointed member, other than the chair, is not eligible for reappointment as a member where, immediately before the date in question, that person has held office as a member for three consecutive terms. (4) Subject to paragraph 10(1), a vacating appointed member who is the chair immediately before the end of their third consecutive term as a member, is eligible for reappointment as a member for a fourth consecutive term. (5) For the purposes of this paragraph “term” does not include the remainder of a term during which the member was appointed to fill a casual vacancy under article 9 (casual vacancies) or paragraph 6 of this Schedule. (6) In this paragraph, “vacating appointed member” means a member appointed under article 5(1)(a) or (b) who has reached the end of their term as a member. Reappointment of chair 10 (1) A chair of the Authority is not eligible for reappointment as the chair where, immediately before the date in question, that person has served as chair for three consecutive terms. (2) For the purposes of this paragraph, “term” does not include the remainder of a term during which the member was appointed to fill a casual vacancy in the office of chair under article 9 (casual vacancies) or paragraph 6 of this Schedule. Committees 11 The Authority may, consistently with its duties and subject to such conditions as it thinks fit, delegate any of its port functions, other than the functions set out in sub-paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the 1964 Act, to a committee of the Authority. Proceedings of the members and committees 12 The acts and proceedings of the Authority, or of any committee of the Authority, are not invalidated by any vacancy in their number or by any defects in the declaration, appointment, or the qualification for appointment, of any person as a member, or as chair or vice-chair, of the Authority or committee. 13 The quorum required for a meeting— (a) of the Authority, is five; (b) of any committee of the Authority, is to be decided by the Authority in respect of each committee. 14 (1) A member must declare any interest, direct or indirect, held— (a) in any contract or proposed contract to which the Authority is or would be a party or where a member is a director of a company or member of a body with which the contract or proposed contract is made or proposed to be made; (b) in any other matter with which the members are concerned. (2) If a member is present at a meeting of the Authority or of any committee of the Authority at which a contract or other matter in which that person has an interest is to be considered that person must— (a) as soon as is practicable after the commencement of that meeting disclose their interest; (b) not vote on any question with respect to that contract or matter; and (c) withdraw from the meeting— (i) at any time if the members present by resolution require that person to do so, and (ii) while a decision on that contract or matter is being made. (3) This paragraph does not apply to any interest— (a) which a member has in respect of the payment to the Authority of ship, passenger and goods dues; (b) which arises in respect of the provision of services or facilities as part of the port undertaking affecting the trading community in general; (c) which a member has as an employee of a public utility undertaking or as a shareholder, not being a director of a company, unless that person possesses more than five per cent of the issued share capital of that company; or (d) which the members present at the meeting by resolution declare to be too remote. 15 The person holding office as vice-chair has and may exercise all the functions of the chair in the absence or incapacity of the chair. 16 If at any meeting of the Authority neither the chair nor the vice-chair are present the members present at the meeting must choose one of their number to be the chair of the meeting. 17 (1) Every decision at a meeting of the Authority or of a committee of the Authority must be decided by a majority vote of the members present and voting. (2) If at any meeting of the Authority or of a committee of the Authority there is an equality of votes on any decision the chair of the meeting is to have a second vote which the chair may exercise for or against the status quo. Authentication of deeds and other documents 18 (1) Except where expressly required otherwise under any enactment, the application of the common seal of the Authority is only required in respect of a document executed as a deed and must be authenticated by the signature of the chair of the Authority or some other member authorised by the Authority to authenticate the application of the common seal, and of the Chief Executive or some person authorised by the Authority to act in the Chief Executive’s place for that purpose. (2) The Authority may authorise a person to act instead of the Chief Executive or the chair under this paragraph whether or not the Chief Executive or the chair is absent or incapable of acting. (3) Any other document given or issued by the Authority is, unless the contrary intention is expressed, sufficiently authorised if signed by the Chief Executive, the chair of the Authority, or a duly authorised officer of the Authority. (4) The Authority may execute documents, including deeds, electronically. Remuneration of members 19 The Authority may pay each of the members such salary, allowances and expenses as the Authority determines. General 20 Subject to the provisions of this Schedule, the procedure and business of the Authority and of any committee of the Authority is to be regulated in such manner as the Authority may determine. 21 The Authority must appoint a Chief Executive and may appoint such other persons as it thinks necessary or desirable for and incidental to the performance of its port functions and pay to them such remuneration as the Authority thinks fit.