Port Companies (Appointment of Local Authority Directors) Regulations, 2002

JurisdictionIreland
CitationIR SI 34/2002

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...

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