Annex S - Model Procedural Rules

1. Application of these rules

1.1 These rules apply to the [insert title] port security authority (“the authority”) and all committees, sub-committees and panels of the authority.

1.2 The authority has established the following committees to which these

rules apply: (if applicable)

[list committees/subcommittees/panels]

2. Establishment of Committees

The authority at its annual general meeting will:

(i) decide which committees to establish for the financial year;

(ii) decide the size and terms of reference of these committees;

(iii) decide the memebership of those committees.

3. Attendance of members at authority, committees, sub-committees and panel meetings

3.1 Every member of the authority must, in so far as it is reasonably practicable attend all scheduled meetings of that authority.

3.2 If a member of the authority is unable to attend a scheduled meeting, he/she must arrange for another member of that authority to represent him at the meeting.

3.3 No right to speak

Any member of the authority may attend meetings of the authority, committees, sub-committees and panels. Subject to 3.2 below, attendees who are not ordinary members of the authority, committee, sub-committee or panel may not speak at meetings unless the authority, committee, sub-committee or panel agrees that the member concerned may speak, or, the member has been invited to the authority, committee, sub-committee or panel to speak.

3.4 Motions referred to the authority, committee, sub-committee or panels

A member of the authority who has proposed a motion which has been referred to a particular meeting of the authority, committee or sub-committee, shall be given at least three clear working days notice of the meeting at which the motion will be considered, by the port security officer. If the member attends the meeting but is not a member of that committee, sub-committee or panel, he or she shall have an opportunity to explain the motion to the committee, sub-committee or panel.

3.5 Reporting of non-attendance of members

The port security officer shall report to TRANSEC any member who fails to attend three consecutive port security authority meetings. Meetings of committees, sub-committees or panels shall not be counted for the purposes of this rule.

4. Appointment of sub-committees and pnels

Committees of the athority may establish sub-committees and panels with such terms of reference and delegated powers, as they consider necessary for the proper discharge of the functions of the cmmittee. Committees may also appoint non-voting co-opted members to subcommittees and panels.

5. Chairing the authority, committees, sub-committees and panels

5.1 Election of a chair of the authority

If the authority fails to appoint a chair or vice chair for the authority then the port security officer shall be the chair and shall nominate a deputy to act as vice chair.

5.2 Election of a chair of a committee

If the authority fails to appoint a chair or vice chair for any committee then that committee shall appoint a chair or vice chair as the first item of business at its first meeting.

5.3 Election of chair or vice chair of sub-committee or panels

Where any committee establishes a sub committee or panel the Committee shall appoint the chair or vice chair of the sub-committee or panel. If a committee fails to appoint a chair or vice chair to a sub-committee or panel then the sub-committee or panel shall appoint a chair as the first item of business.

5.3 Absence of chair at meetings of authority, committees, sub-committees and panels

In the absence of the chair, the vice-chair shall preside. In the absence of both the chair and vice chair, the authority, committee, subcommittee or panel will appoint an acting chair for that meeting.

6. Business not on the Agenda

Business not on the agenda may only be considered where a member of the authority, committee, sub-committee or panel has requested that an item be placed on the agenda for the meeting at any time before the start of the meeting and the committee agree to the item being included on the grounds of urgency. The grounds of urgency and the circumstances giving rise to the request must be recorded in the minutes of the meeting.

7. Time and Place of Meetings

Meetings of the authority, committees, sub-committees and panels shall take place at [insert location] at [insert time], or such time as stated on the agenda for the meeting. Following consultation with the nominated members, the chair shall have the power to alter the venue, day and time if he/she believes it to be appropriate for the conduct of the business of the committee, sub-committee or panel. The authority shall meet at least twice a year, one of which shall be the annual general meeting. The authority may meet in response to an elevation of security level, secuirty incident, audit, inspection or exercise.

8. Cancellation of Meetings

The Port security officer may cancel a meeting of any committee, sub-committee or panel both before and after the agenda for the meeting has been issued.

9. Calling of Special Meetings

9.1 Calling Special Meetings

Those listed below may request the port security officer to call authority, committee, sub-committee or panel meetings in addition to ordinary scheduled meetings:

(i) the committee, sub-committee or panel by resolution;

(ii) the chair of the committee, sub-committee or panel; and

(iv) at least one-third of the members of the committee, subcommittee

or panel, if they have signed a requisition presented to the chair of the committee, sub-committee or panel and he/she has refused to call a meeting or has failed to call a meeting within five clear working days of the presentation of the requisition;

(v) A TRANSEC official.

For those sub-committees or panels not having scheduled meetings, the date, time and place of meetings will be set by the port security officer after consultation with the chair and nominated members of the sub-committee or panel.

9.2 Business

Business at special meetings of the authority, committees, sub-committees and panels shall be restricted to:

(i) the election of a person to preside if the chair or vice chair is absent;

(ii) any item of business specified by the committee, subcommittee or panel, chair or monitoring officer when calling the meeting or specified in the requisition presented by at least one-third of the members of committee, sub-committee or panel;

(iii) any deputations relating to items of business on the agenda which the chair agrees to hear.

10. Notice of and Summons to Meetings

The port security officer (or the secretary acting on his/her behalf) will give notice to TRANSEC of the time and place of any meeting and an agenda. Where possible, at least five clear working days before a meeting, the port security officer (or the secretary acting on his/her behalf) will send an agenda by post to every member of the authority, committee, sub-committee or panel or leave it at his or her usual place of business or by email at the earliest opportunity if less than five working days are available. The agenda will give the date, time and place of the meeting and specify the business to be transacted, and will be accompanied by all relevant reports.

11. Quorum

11.1 The quorum of a meeting will be at least one quarter or three members, whichever is the greater, of the whole number of members of the authority, committee, sub-committee or panel.

11.2 If, after 15 minutes from the advertised time of the start of the meeting, or such other longer period as the chair may decide, a quorum is not present, the meeting will not take place. The chair may announce the time and date that the meeting will be convened.

11.3 During any meeting, if the chair counts the number present and declares there is not a quorum present, then the meeting will adjourn immediately. Remaining business will be considered at a time and date fixed by the chair. If he/she does not fix a date, the remaining business will be considered at the next ordinary meeting of the committee, sub-committee or panel.

12. Duration of Meetings

12.1 Commencement and closure

Meetings of committees, sub-committees and panels will commence at [enter time], such other time as stated on the agenda, and close at [enter time], except as determined under Rule 12.2.

12.2 Varying the Closure Time

Meetings of committees, sub-committees or panels shall terminate in the manner set out in Rule 12.3 unless:

(i) the business of the meeting has been completed before (enter time]; or

(ii) by resolution passed before the closure time, the authority, committee, sub-committee or panel resolves to extend the meeting beyond that time, in one of the following ways, which must be specified by resolution:

(a) to continue in the normal manner and complete the business remaining on the agenda; or

(b) to determine a later time by when the meeting must close and, if the business is not completed by that later time, resolve that it be then put to the vote without debate or deferred to another meeting, as appropriate.

For the avoidance of doubt, a meeting may use the provisions within 12.2(ii)(b) above more than once in any meeting, provided that the motion to extend the closure time is moved before the time for the closure of the meeting or before the end of the period by which the meeting has already been extended. In considering whether (a) or (b) above are expedient, the committee, sub-committee or panel must have regard to not prejudicing third party rights or interests affected by the remaining business on the agenda.

12.3 Determining Business upon Closure

(i) At the time of closure the chair will advise the authority, committee, sub-committee or panel that the procedure to terminate the meeting is to be applied;

(ii) Any speech commenced and then in progress shall be concluded;

(iii) The chair will put any motion or recommendation then under consideration to the vote without further discussion;

(iv) All remaining business before the authority, committee, sub-committee or panel, including recommendations, and amendments that have already been moved, shall be put to the vote without discussion or further amendment.

13. Petitions

13.1 Presentation of Petitions

Petitions relating to a function of an authority, committee or sub-committee shall be presented to the appropriate meeting of the authority, committee or sub-committee. If the petitioners request that the petition be presented at a meeting of a committee or sub-committee this can be done in the following ways:

(i) a representative of the petitioners may attend, at the time stated for the start of the authority, committee or sub-committee meeting, and request to read the petition to the meeting;

(ii) the petitioners may approach a member and ask the member to read the petition on their behalf;

(iii) the petitioners may send the petition to the Port security officer who will arrange for the chair to read the petition.

The person presenting the petition may only read the terms of the petition and may not make any further comments. That person will have one minute to read the terms of the petition unless the chair determines that this time limit should be extended or reduced.

13.2 Notice and consideration of petitions

There is no need for any advance notice to be given of the wish to present a petition to a committee or sub-committee but if seven clear working days notice is given to the port security officer a note of the petition will appear on the agenda for the meeting.

14. Deputations

14.1 Subject to Rule 15 any meeting of the authority, committee, sub-committee or panel of the authority may receive a deputation on any matter appearing on the relevant agenda.

14.2 Requests for deputations must be in writing. The signatories must clearly state their names and addresses/qualifying business address. The request must explain why a deputation is required.

14.3 The request must be given to the port security officer at least two clear working days before the day of the meeting, although the authority, committee or sub-committee on the grounds of urgency can waive this requirement.

14.4 The deputation to the meeting must consist of not more than four people. Those nominated to speak should also be signatories to the original written request to make a deputation. All may speak but the total length of the speeches from the deputation must not exceed 10 minutes.

14.5 The time allowed for questioning of the deputation by Members will be 10 minutes.

14.6 The deputation shall be heard immediately before the relevant item on the agenda. The Chair has complete discretion to move any items that are subject to a deputation forward on the agenda.

14.7 Committees shall receive no more than two deputations per meeting.

14.8 No deputation shall appear before an authority, committee or sub-committee within 6 months after a deputation has appeared before it on the same or a similar subject.

14.9 Members of the Authority, co-optees and advisors (in that capacity) shall not be signatories to, lead or form part of any deputation.

15. Confidential Business

All reports, other documents, information, discussions and proceedings of an authority, committee, sub-committee or panel which are protectively marked under the HM Government protective marking scheme, security sensitive, or are commercial in confidence must be treated as such by all members of the authority, committee, sub-committee or panel. Members of the public (including deputations) will not have access to these papers and discussions. Protectively marked items will be handled in accordance with instructions from TRANSEC.

16. Voting

16.1 Majority

Unless Statute provides otherwise, any matter will be decided by a simple majority of those members voting and seated in the room at the time the question was put. Voting shall be by [a show of hands/ballot/other- enter as applicable].

16.2 Chair’s casting Vote

If there is an equal number of votes for and against, the chair will have a second or casting vote. There will be no restriction on how the chair chooses to exercise a casting vote.

16.3 Individual recorded vote and explanation for vote

(a) If, immediately after the vote is taken, any member present at the meeting requests that his or her vote be recorded as voting for or against or not voting, it shall be so recorded in the minutes.

(b) A recording of a vote or abstention in the minutes of the meeting shall be made without explanation save that in cases where it is necessary for the avoidance of ambiguity a brief note may be added at the member’s request explaining that member’s reason for voting or not voting.

16.4 Recorded vote by roll call

If immediately before an ordinary vote is taken three members present at the meeting demand it, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes.

16.5 Voting on appointments

If there are more than two people nominated for any position to be filled by an authority, committee, sub-committee or panel and of the votes given there is not a majority in favour of one person, the name of the person having the least numbers of votes shall be disregarded and a fresh vote shall be taken and so on until a majority of votes is given to one person.

17. Minutes

17.1 Signing the minutes of committees, sub-committees and panels

The chair will sign the minutes of the proceedings at the next meeting. The chair will move that the minutes of the previous meeting be signed as a correct record. The only part of the minutes that may be discussed is their accuracy.

17.2 Minutes of decisions of the authority, committees, sub-committees and panels

Minutes of the authority, committees, sub-committees and panels shall be disseminated to [enter distribution list].

17.3 Production of minutes

Minutes of the meetings of the authority, committees, sub-committees, and panels will normally be disseminated within five clear working days of the date of the meeting.

18. Record of Attendance

All Members present during the whole or part of a meeting must, before the conclusion of every meeting, sign their names in the attendance book provided.

19. Exclusion of the Public

Members of the public are not normally permitted to attend meetings unless invited by the port security authority for a specific purpose. If members of the public are in attendance the meeting should be split so that confidential or sensitive matters can be discussed in private.

20. Members’ Conduct

20.1 Precedence of chair

When the chair speaks during a debate, any member speaking at the time must stop speaking. The meeting must be silent.

20.2 Member not to be heard further

If a Member persistently disregards the ruling of the chair by behaving improperly or offensively or deliberately obstructs business, the chair may move that the member be not heard further. If seconded, the motion will be voted on without discussion.

20.3 Member to leave the meeting

If the member continues to behave improperly after such a motion is carried, the chair may move that either the member leave the meeting or that the meeting is adjourned for a specified period. If seconded, the motion will be voted on without discussion.

20.4 General Disturbance

If there is a general disturbance, making business impossible, the Chair may adjourn the meeting for as long as he/she thinks necessary.

21. Disturbance by the Public

21.1 Removal of Member of the Public

If a member of the public interrupts proceedings, the chair will warn the person concerned. If they continue to interrupt, the chair will order their removal from the meeting room.

21.2 Clearance of part of a meeting room

If there is a general disturbance in any part of the meeting room open to the public, the chair may call for that part to be cleared.

21.3 Adjournment

Following an order by the chair for one or more members of the public to leave the meeting room, if he/she deems it necessary in the interests of public safety and for the safety of members and officers present, the chair may adjourn the meeting for as long as he/she thinks necessary.

22. Suspension and amendment of committee procedure rules

22.1 Suspension

All of these committee procedure rules (except rules 3.1, 3.2, 3.5, 11, 17.3, 22-27) may be suspended by motion on notice or without notice if at least one half of all members of the committee are present. Suspension can only be for the duration of the meeting.

22.2 Amendment

The committee procedure rules may only be changed by the authority.

23. Ruling of the chair on interpretation of these rules

The chair’s ruling on the interpretation or application of any of the authority committee procedure rules is final.

24. Resignation of membership

24.1 A member of the authority may resign by giving 21 days notice in writing to TRANSEC. On resigning from the authority, all positions on committees, sub-committees and panels of that Authority will be relinquished.

24.2 A member of the authority may relinquish any position on a committee, sub-committee orpanel of the authority by giving [14 days notice] in writing to the Chair. Relinquishing a position on a committee, sub-committee or panel of the authority shall not effect the continued membership of the authority by that member, unless subject to rule 24.1 or rule 25.

25. Dismissal of members

A member of the authority may be reported to TRANSEC by the Chair if he/she:

(a) misses more than 3 consecutive meetings of the port security authority;

(b) has a financial or other personal interest which is likely to influence the performance of his/her functions as a member;

(d) has had his estate sequestrated in Scotland or, under Scots law, has made a composition or arrangement with, or granted a trust deed for, his creditors;

(e) has misbehaved, or;

(f) is unable, unfit or unwilling to perform his functions as a member, and may be subject to dismissal by notice from TRANSEC in writing.

26. Declaration of interests

Any member of the authority who has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter, and is present at a meeting of the authority at which the contract or other matter is the subject of consideration, that member must at the meeting and as soon as practicable after its commencement disclose the fact and must not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.

27. Power of the port security authority to require information

27.1 The authority may, by notice in writing, require any member to furnish it with such information relating to the security of the port as may be considered necessary for the carrying out of its functions.

27.2 The authority shall serve a notice requesting the provision of the information requested within 21 days of that notice being served on the member, or such longer period as the port security authority specifies in the notice.

Annex S - Model Procedural Rules

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