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5 1952

FOYLE FISHERIES ACT, 1952

FOURTH SCHEDULE>.

The Advisory Council for the Foyle Area.

Section 22

Constitution.

1. The Advisory Council shall consist of—

(a) elected members, and

(b) ex-officio members.

Election year.

2. The year 1952 and every third successive year thereafter shall be an election year for the purpose of the subsequent provisions of this Schedule.

Elected members.

3. (1) In each election year the Commission shall conduct an election of persons to be elected members of the Advisory Council.

(2) Every person who is the holder of a fishing licence shall be entitled to vote at an election and shall have such number of votes as may be appropriate in accordance with a prescribed scale based on the amount of fees paid for fishing licences for the time being held by him.

(3) Every person who is the rated occupier of a fishery or fisheries in the Foyle Area the total rateable valuation of which is less than fifty pounds but not less than one pound shall also be entitled to vote at an election and shall have such number of votes as may be appropriate in accordance with a prescribed scale based on the amount of fishery rate paid in respect of the fishery or fisheries for the fishery year next preceding the election year.

(4) A person shall not be eligible for the office of elected member of the Advisory Council unless he resides or possesses real property in the Foyle Area.

(5) The elected members for the time being in office shall go out of office on the completion of the election of their successors.

Regulations as to elections.

4. For the purposes of elections the Commission may prescribe—

(a) the electoral divisions into which the Foyle Area is to be divided,

(b) the number (not being more than nine or less than three) of persons to be elected for each electoral division,

(c) such other provisions as it thinks proper.

Ex-officio members.

5. (1) Every person (other than the Commission) who is the rated occupier of a fishery or fisheries in the Foyle Area, the total rateable valuation of which is fifty pounds or more, shall, subject to the provisions of this paragraph, be an ex-officio member of the Advisory Council.

(2) A person shall not be an ex-officio member while any sum due by him to the Commission for fishery rate remains unpaid after the expiration of fourteen days from the date upon which it became payable.

Disqualification.

6. A person who is convicted of an offence under the Fisheries Acts or against this Act shall be disqualified from being a member of the Advisory Council for the period of seven years from the date of conviction.

Chairman and vice-chairman.

7. (1) The Advisory Council shall, at its first meeting after each election and as occasion requires, elect one of its members to be chairman and another of its members to be vice-chairman.

(2) Subject to subparagraph (5) the person elected to be chairman or vice-chairman shall, unless he sooner dies, resigns or becomes disqualified, hold office until the election of his successor.

(3) The chairman and vice-chairman shall be eligible for reelection.

(4) The chairman or vice-chairman may at any time resign his office.

(5) If the chairman or vice-chairman ceases to be a member of the Advisory Council he shall cease to be chairman or vice-chairman.

(6) If, at the election of chairman or vice-chairman, there is an equality of votes for two or more persons, one of those persons shall be elected by lot.

The Secretary.

8. The Advisory Council may from time to time as occasion requires appoint a person to be secretary to the council, and may at any time terminate such appointment.

Casual Vacancies.

9. (1) Whenever a casual vacancy occurs amongst the elected members, the Advisory Council may co-opt a person who is a holder of a fishing licence or a rated occupier of a fishery in the Foyle Area to fill the vacancy until the next election.

(2) The Advisory Council may act notwithstanding vacancies in its membership.

Meetings.

10. (1) At a meeting of the Advisory Council—

(a) the chairman shall, when present, be chairman of the meeting;

(b) when the chairman is absent or if the office of chairman is vacant, the vice-chairman shall, when present, be chairman of the meeting;

(c) when the chairman and vice-chairman are absent or if the offices of chairman and vice-chairman are vacant, the members of the Advisory Council who are present shall choose one of their number to be chairman of the meeting.

(2) Every question at a meeting shall be determined by a majority of the votes of the members present and voting on the question, and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote, save where the question is the election of the chairman of the Advisory Council.

(3) The quorum for a meeting of the Advisory Council shall be such number as the Council may from time to time fix or, if no quorum is for the time being so fixed, one-third of the membership at the date of the first meeting after the previous election, any fraction being disregarded.

(4) The first meeting of the Advisory Council after each election shall be convened as soon as may be by the Commission.

(5) The Commission may at any time convene a meeting of the Advisory Council.

(6) Members of the Commission shall be entitled to attend and take part in meetings of the Advisory Council but not to vote.

(7) Subject to the provisions of this Schedule, the Advisory Council shall regulate, by standing orders or otherwise, its procedure and business.

Facilities to be provided by the Commission.

11. The Commission shall provide accommodation for the holding of meetings of the Advisory Council and such stationery and office equipment as the Council may reasonably require for the conduct of its affairs, and shall make available the services of members of the staff of the Commission to do all necessary clerical work for the Council.