S.I. No. 34/2002 - Port Companies (Appointment of Local Authority Directors) Regulations, 2002

I, Frank Fahey, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 3 (1) and section 30 (6) of the Harbours Act, 1996 (No. 11 of 1996) as adapted by the Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 ), hereby make the following regulations.

1.         These regulations shall be known as the Port Companies (Appointment of Local Authority Directors) Regulations, 2002.

2.         In these regulations “the Minister” means the Minister for the Marine and Natural Resources.

Local Authority Directors

3.         Each local authority mentioned in the First Column of the Schedule to these regulations shall nominate, in the manner prescribed hereinafter, the number of local authority members mentioned in the Second Column of the said Schedule opposite the mention of the local authority to be directors of the company (“the port company”) mentioned in that behalf in the Third Column of the said Schedule.

The making of nominations

4.         Where one, and only one, local authority member falls to be so nominated he or she shall be nominated by a majority of the votes of the members of the local authority present at the meeting of the authority at the time when the business of making the nomination is reached.

 5.        Where two or more local authority members fall to be so nominated they shall be nominated in accordance with the following provisions:

(a)        any group of members of the local authority comprising the number of members necessary for the purposes of these regulations may nominate a person to be a director of the port company and the person shall be so appointed on that nomination without any voting; and

(b)        the members then remaining to be nominated as directors shall be nominated successively by a majority of the votes of the members of the local authority who are not members of any group referred to in paragraph (a) and who were present at the meeting at the time when the business of making the nominations was reached.

6.         (a)        Subject to paragraph (b) of this regulation, the number of members of a local authority necessary to form a group for the purposes of these regulations shall be obtained by dividing the total number of such members present at the meeting of the authority when the business of making the relevant nominations to which these regulations relate is reached by the number of the nominations to be so made, or, where the number so obtained is not a whole number, the whole number next above the number so obtained.

(b)        No member of a local authority shall be a member of more than one group for the purposes of these regulations.

Warrant of Appointment

7.         The appointment of a local authority director shall be effected by letter or other instrument in writing signed by the Minister.

Casual Vacancy

8.         (a)        Whenever a vacancy occurs amongst the directors of a port company by reason of the death, resignation or disqualification of a local authority director, the local authority by whom the director was nominated shall, within two months after notice of the vacancy has been given to them under this regulation, nominate a person in accordance with regulation 4 of these regulations to be a local authority director to fill the vacancy.

(b)        Where a vacancy occurs by reason of the death, resignation or disqualification of a local authority director, the port company shall forthwith give notice by post of the vacancy to the local authority by whom the director was nominated.

(c)        Where a vacancy occurs by reason of the death, resignation or disqualification of a local authority director and the local authority does not, within two months after the notice of the vacancy has been given to them under this regulation, fill the vacancy, the following provisions shall have effect:

(i)                     the port company shall forthwith give notice by post to the Minister that the vacancy has not been filled, and

(ii)                    the Minister may thereupon appoint a member of the local authority in question to fill the vacancy, and

(iii)                   the person so appointed by the Minister shall be deemed for the purposes of these regulations to have been duly nominated by the local authority in question to be a local authority director to fill the vacancy.

9.         A member appointed in accordance with these regulations shall cease to hold office on ceasing to be a member of the local authority.

SCHEDULE

Explanatory Note

(This Note is not part of the Instrument and does not purport to be a legal interpretation)

These regulations prescribe the nominating local authorities and also prescribe the manner in which the local authority directors are to be nominated to port company Boards.