The Poole Harbour Revision Order 2026

SCHEDULE 2 INCIDENTAL PROVISIONS RELATING TO THE COMMISSIONERS

Article 12 Appointment of chair and vice-chair of the Commissioners 1 Subject to article 6(1)(a), a chair of the Commissioners must be appointed by those of the Commissioners who are appointed under article 4(2)(a) or article 10(1) (casual vacancies) from amongst their number. 2 Subject to paragraph 5, every chair appointed under paragraph 1, unless they resign their office as chair or cease to be a commissioner, holds office for a period of three years. 3 Subject to article 6(1)(b), a vice-chair of the Commissioners must be appointed by those of the Commissioners who are appointed under article 4(2)(a) or article 10(1) (casual vacancies) from amongst their number, but the chair cannot be appointed as vice-chair. 4 Subject to paragraph 5, every vice-chair appointed under paragraph 3, unless they resign their office as vice-chair or cease to be a commissioner, holds office for a period of one year. 5 If the Commissioners are satisfied that the chair of the Commissioners or vice-chair of the Commissioners should cease to hold their office as such, the Commissioners may terminate that person’s office as such. 6 (1) On a casual vacancy occurring in the office of the chair or vice-chair of the Commissioners, the vacancy must be filled by those of the Commissioners who are appointed under article 4(2)(a) or article 10(1) (casual vacancies), at a meeting held as soon as reasonably practicable after the vacancy occurs. (2) A commissioner appointed under this paragraph to fill a casual vacancy in the office of chair or vice-chair holds that office during the remainder of the term for which the chair or vice-chair whom they replace was appointed, unless that person resigns that office or ceases to be a commissioner. Meetings of the Commissioners 7 (1) The first meeting of the Commissioners after the date of this Order must be convened by the Chief Executive within two months from the date of the coming into force of this Order, and the Chief Executive must make arrangements for notice of that meeting to be sent by post or email to each of the other commissioners. (2) The Commissioners must hold an annual meeting each year on such day as they may appoint. (3) The Commissioners must meet at least six times a year. Vacation of office by commissioners 8 A commissioner, other than the Chief Executive, may resign their office at any time by notice in writing given to the chair of the Commissioners or, if that commissioner is the chair, the vice-chair of the Commissioners. Reappointment of commissioners 9 (1) Subject to the provisions of this Schedule, a vacating appointed commissioner is eligible for reappointment by the selection panel as a commissioner unless that person has been removed from office under article 11 (removal of commissioners). (2) A vacating appointed commissioner is not eligible for reappointment as a commissioner where, immediately before the date in question, that person has held office for two consecutive terms unless they— (a) are the chair of the Commissioners; or (b) have been reappointed following public advertisement of the role and a competitive appointment process. (3) Subject to sub-paragraph (4), a vacating appointed commissioner is not eligible for reappointment as a commissioner where, immediately before the date in question, that person has held office as a commissioner for three consecutive terms. (4) Where a vacating appointed commissioner is the chair of the Commissioners at the end of their third consecutive term as commissioner, the chair’s term of office as a commissioner is deemed to be extended until the date upon which their term of office as chair expires or (if earlier) the date upon which they otherwise cease to be the chair. (5) For the purposes of this paragraph, “term” does not include the remainder of a term during which the commissioner was appointed to fill a casual vacancy under article 10 (casual vacancies). (6) In this paragraph, “vacating appointed commissioner” means a commissioner appointed under article 4(2)(a) who has reached the end of their current term as a commissioner. (7) The officer appointed under article 4(2)(c) is eligible for reappointment for as long as they continue to be an officer of the Commissioners. Reappointment of chair 10 (1) A chair of the Commissioners 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 commissioner was appointed to fill a casual vacancy in the office of chair under paragraph 6. Committees 11 The Commissioners may, consistently with their duties and subject to such conditions as they think fit, delegate any of their harbour 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 Commissioners. Proceedings of the Commissioners and committees 12 The acts and proceedings of the Commissioners, or of any committee of the Commissioners, 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 commissioner, or as chair or vice-chair, of the Commissioners or committee. 13 The quorum required for a meeting— (a) of the Commissioners, is five; (b) of any committee of the Commissioners, is to be decided by the Commissioners in respect of each committee. 14 (1) A commissioner must declare any interest, direct or indirect, held— (a) in any contract or proposed contract to which the Commissioners are or would be a party or where a commissioner 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 Commissioners are concerned. (2) If a commissioner is present at a meeting of the Commissioners or of any committee of the Commissioners 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 commissioners 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 commissioner has in respect of the payment to the Commissioners of ship, passenger and goods dues; (b) which arises in respect of the provision of services or facilities affecting the trading community in general; (c) which a commissioner 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 commissioners 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 Commissioners neither the chair nor the vice-chair are present, the commissioners 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 Commissioners or of a committee of the Commissioners must be decided by a majority vote of the commissioners present and voting. (2) If at any meeting of the Commissioners or of a committee of the Commissioners 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) The application of the common seal of the Commissioners is only required in respect of a document executed as a deed and must be authenticated by the signature of the chair of the Commissioners or some other commissioner authorised by the Commissioners to authenticate the application of the common seal, and of the Chief Executive or some person authorised by the Commissioners to act in the Chief Executive’s place in that behalf. (2) The Commissioners may authorise a person to act instead of the Chief Executive under this paragraph whether or not the Chief Executive is absent or incapable of acting. (3) Any other document given or issued by the Commissioners, unless the contrary intention is expressed, is sufficiently authorised if signed by the Chief Executive, the chair of the Commissioners or a duly authorised officer of the Commissioners. (4) The Authority may execute documents, including deeds, electronically. Remuneration of commissioners 19 The Commissioners may pay each of the commissioners such salary, allowances and expenses as the Commissioners determine. General 20 Subject to the provisions of this Schedule, the procedure and business of the Commissioners and of any committee of the Commissioners is to be regulated in such manner as the Commissioners may determine. 21 The Commissioners must appoint a Chief Executive and may appoint such other persons as they think necessary or desirable for and incidental to the performance of their harbour functions and pay to them such remuneration as the Commissioners think fit.