Harbours Act , 1996

then the Minister may, with the consent of the Minister for Finance, pay to the trustees concerned such amount in respect of liabilities of the said scheme or schemes that have arisen prior to the relevant vesting day as he or she may determine.

(10) All money from time to time required by the Minister or the Minister for Finance to meet sums which are, or may become, payable by him or her under this section shall be advanced out of the Central Fund or the growing produce thereof.

(11) If any dispute arises as to the claim of any person to, or to the amount of, any superannuation benefit payable in pursuance of a scheme referred to in section 40 or this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(12) Every scheme made under section 40, or under paragraph (d) of subsection (1) amending or revoking a scheme continued in force under that subsection, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next subsequent 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

42 Harbour bye-laws.

42.—(1) (a) Without prejudice to section 71, (which concerns pilotage bye-laws), a company may make bye-laws with respect to the use of, and the safety of navigation within, its harbour and generally with respect to the regulation of its harbour and property.

(b) Without prejudice to the generality of paragraph (a), a company may, in relation to its harbour, make bye-laws for all or any of the purposes mentioned in Part I of the Sixth Schedule.

(2) A person who contravenes a provision of bye-laws made under this section shall be guilty of an offence.

(3) A bye-law made under—

(a) section 60 of the Act of 1946, or

(b) any enactment relating to Dún Laoghaire Harbour,

that is in force immediately before the relevant vesting day and relates to a company's harbour shall continue in force in relation to that harbour as if made under this section and may be amended or revoked accordingly by the said company.

43 Transfer of functions from one company to another company.

43.—(1) If on an application being made to the Minister by one or more of the companies referred to in this subsection requesting the making of an order under this section, the Minister is of the opinion that the functions conferred on a company or companies by or under this Act in respect of a harbour or harbours could in a more cost-effective and efficient manner be performed by another company, being a company established pursuant to section 7, he or she may by order transfer the said functions of the company or companies (which or each of which is referred to in this section as a “transferor company”) to that other company (which is referred to in this section as the “transferee company”).

(2) An order under this section shall only be made with the consent of each of the companies to which the order relates.

(3) An order under this section shall provide for such of the following matters as the circumstances require:

(a) the transfer to the transferee company of the whole or any part of the undertaking and of the property or liabilities of any transferor company,

(b) the continuation by or against the transferee company of any legal proceedings pending by or against any transferor company,

(c) the transfer into the employment of the transferee company of members of the staff of any transferor company and the scales of pay and conditions of service to apply to such staff,

(d) an alteration in the name of the transferee company,

(e) the dissolution, without winding up, of any transferor company and the disposal for the benefit of the Exchequer of any of its property which is surplus to the requirements of the transferee company,

(f) such incidental, consequential and supplementary matters as are necessary to secure that the transfer of functions shall be fully and effectively carried out.

(4) As respects a member of the staff of a transferor company transferred into the employment of a transferee company by an order under this section, the provisions of sections 39, 40 and 41 shall, to the extent that they applied to that member before such transfer, continue to apply to him or her after such transfer and while he or she remains in the employment of the transferee company and for this purpose references in the said provisions to a company shall be construed as references to the transferee company and the said provisions shall otherwise be construed so as to have effect in relation to the said person while he or she remains in such employment.

44 General ministerial powers.

44.—(1) The Minister may, after consultation with the company, give a direction in writing to a company requiring it to comply with policy decisions of a general kind made by the Minister in relation to—

(a) the development of harbours,

(b) the safety of ships, navigation and operations generally in harbours,

(c) the levels of harbour charges imposed by a company or companies,

(d) the acquisition or disposal of lands by a company or companies (including by way of the grant of a lease), or

(e) any other matters affecting the functions of a company or companies.

(2) A company shall comply with a direction given to it under subsection (1).

(3) Subsection (1) shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by a company of a function conferred on it by or under this Act.

(4) (a) The Minister may stipulate, in consultation with the company and with the consent of the Minister for Finance, financial or other targets to be achieved by a company. In stipulating such targets the Minister shall have due regard to any direction he or she has given to the company concerned under subsection (1).

(b) The Minister may having due regard to the capacity of the company concerned to achieve the financial targets that have been stipulated under paragraph (a) in respect of it and after consultation with the Minister for Finance, stipulate the dividends to be paid by a company in respect of the shares held in its share capital.

PART III Provisions in Relation to Safety of Navigation and Security in Harbour

45 Buoys, etc.

45.—A company shall place and maintain buoys and lights of such kinds and at such points in its harbour as from time to time it considers, after consultation with the Commissioners of Irish Lights, to be necessary.

46 Power of harbour master to give certain directions.

46.—(1) The harbour master of a harbour may, subject to any bye-laws in force in relation to the harbour, give to the master of a ship using the harbour, such directions in connection with the user of the harbour as the harbour master thinks proper for the purpose of protecting persons and property or regulating traffic and, in particular, for the following purposes:

(a) regulating the time at which and the manner in which the ship may approach, enter into, go out of or lie in or at any part of the harbour and regulating the position, mooring, unmooring, placing or removing of the ship,

(b) regulating the dismantling of the ship,

(c) regulating the take and discharge of ballast in the ship,

(d) regulating the loading or discharging of cargo from the ship,

(e) preventing the ship navigating within the harbour if the harbour master is of the opinion that it is or may become a danger to navigation.

(2) A direction given under this section shall not be repugnant to or inconsistent with any instrument made by the Revenue Commissioners under any enactment, a direction given by them under such an instrument or any enactment, or the law relating to customs.

(3) If the master of a ship refuses or fails to comply with a direction of a harbour master under this section or if a harbour master cannot find the master of a ship in relation to which he or she wishes to give a direction under this section—

(a) the harbour master may carry out the direction and do all things necessary for or incidental to that purpose, and

(b) the expenses incurred in so carrying out the direction shall be paid by the master of the ship to the company by whom the harbour master is employed and, in default of payment, shall be recoverable by the company from the master as a simple contract debt in any court of competent jurisdiction.

(4) If the master of a ship refuses or fails to comply with a direction under this section he or she shall be guilty of an offence.

47 Power to require removal of ship.

47.—(1) For the purpose of carrying out any repairs or cleansing operations or for any other purpose arising in relation to a harbour, the harbour master of the harbour may, subject to any bye-laws in force in relation to the harbour, require the master of a ship which is at a place within the harbour to remove the ship therefrom and, when so removed, to place the ship at such place or anchorage as the harbour master may direct.

(2) If the master of a ship refuses or fails to comply with a requirement of a harbour master under this section or if a harbour master cannot find the master of a ship in relation to which the harbour master wishes to make a requirement under this section—

(a) the harbour master may carry out the requirement and do all things necessary for or incidental to that purpose, and

(b) the expenses incurred in so carrying out the requirement shall be paid by the master of the ship to the company by whom the harbour master is employed and, in default of payment, shall be recoverable by the company from the master as a simple contract debt in any court of competent jurisdiction.

(3) If the master of a ship refuses or fails to comply with a requirement of a harbour master under this section he or she shall be guilty of an offence.

48 Statement of ship's draught and cargo.

48.—(1) (a) The harbour master of a harbour may at any time (including a time which is prior to the arrival of the ship within the harbour) require the master of a ship to give to him or her a statement of the draught of the ship.

(b) If the master of a ship refuses or fails to comply with a requirement of a harbour master under this subsection he or she shall be guilty of an offence.

(2) (a) Before a ship enters within a harbour, the master of the ship shall—

(i) furnish the harbour master of the harbour with a statement of the take of any cargo on board the ship (howsoever contained) and the name or names of the person or persons entitled to take delivery thereof, and

(ii) bring to the notice of that harbour master any defects in, and any matter peculiar to, the ship and its machinery and equipment of which the master knows and which might materially affect the navigation of the ship or its ability to be manoeuvred.

(b) If the master of a ship fails to comply with this subsection he or she shall be guilty of an offence.

49 Power to enter ship and inspection of ship, goods and documents.

49.—(1) The harbour master of a harbour may at any time enter a ship which is within the harbour where he or she considers it necessary for the purpose of exercising any power conferred on him or her by a provision of this Act (including subsection (3)) or an instrument made thereunder.

(2) Subsection (1) is without prejudice to section 14 (5).

(3) The harbour master of a harbour may—

(a) at any time require the master of a ship which is within the harbour to produce for inspection by him or her documents kept in relation to the ship and its crew, including insurance documents, certificates of competency, manifests, bills of lading and other documents relating to goods on board the ship,

(b) inspect such a ship and such goods for the purpose of ascertaining whether any provision of this Act or bye-laws made thereunder in relation to the ship or goods is being complied with.

(4) A master of a ship who refuses or fails to comply with a requirement of a harbour master under subsection (3) (a) shall be guilty of an offence.

(5) (a) The Minister may by order exempt a specified class or classes of ship that is engaged exclusively in the service of the State from the application of this section and for so long as such an order is in force this section shall be construed and have effect in accordance with the order.

(b) The reference in paragraph (a) to an order in force shall, as respects such an order that is amended by an order in force under section 3 (4), be construed as a reference to the first-mentioned order as so amended.

50 Obstruction of harbour master.

50.—A person who obstructs or impedes the exercise of a power conferred on the harbour master of a harbour by this Act or an instrument made thereunder shall be guilty of an offence.

51 Saver for responsibilities of master of ship.

51.—A direction given to or a requirement made of the master of a ship by a harbour master under this Act or an instrument made thereunder shall not extend or diminish any responsibility of the master of the ship in relation to the ship or the cargo thereof.

52 Prohibition on bringing certain ships, vehicles and articles within harbour.

52.—(1) Subject to this section, the harbour master of a harbour may refuse entry into the harbour of a ship, vehicle or other conveyance if by reason of its nature or the condition of any of the goods being carried on it such entry or its presence in the harbour thereafter would, in the opinion of the harbour master, pose a danger to persons or property.

(2) Subject to this section, the harbour master of a harbour may only permit the entry into the harbour of radioactive material (within the meaning of the International Maritime Dangerous Goods Code of the International Maritime Organisation) with the consent of the Radiological Protection Institute of Ireland.

(3) Subject to this section, the following are prohibited from entering a harbour—

(a) a nuclear powered ship, vehicle or conveyance,

(b) a ship, vehicle or other conveyance that is carrying any nuclear weapons,

(c) a ship, vehicle or other conveyance that is carrying nuclear material (within the meaning of section 2 of the Radiological Protection Act, 1991), or ores or other substances destined for the production of nuclear materials.

(4) The Minister may, with the consent of the Minister for Transport, Energy and Communications on the advice of the Radiological Protection Institute of Ireland, exempt a ship, vehicle or other conveyance of a specified class or classes carrying nuclear material from the application of subsection (3) (c) and for so long as such an exemption is in force subsection (3) shall be construed and have effect in accordance with the exemption.

(5) Subsections (1), (2) and (3) shall only apply to a ship of the naval service of a state (other than the State) with the prior consent of the Government.

(6) Subsections (1), (2) and (3) shall not apply to a ship in distress or where there is imminent danger to persons.

(7) Where a ship, vehicle or other conveyance having been refused entry to a harbour under subsection (1) or in contravention of subsection (3) enters a harbour, the owner and master of the ship or the owner of the vehicle or conveyance or the person to whom the conveyance is hired at the time of the entry shall each be guilty of an offence.

(8) The harbour master of a harbour may at any time, by notice affixed in a prominent place at the harbour, prohibit the bringing within the harbour, or any specified part of the harbour, of any article of a kind or class which is specified in the notice as being, in the opinion of the harbour master, likely to endanger persons or property.

(9) When and so long as a notice is affixed under subsection (8) at a harbour, the notice shall have effect according to the terms thereof and—

(a) a person who contravenes the notice shall be guilty of an offence,

(b) the harbour master of the harbour may remove any article brought by such person, in contravention of the notice, and place or store it elsewhere (whether within or outside the harbour) or have the article destroyed, and

(c) the expenses of such removal and placing, storage or destruction, as the case may be, shall be paid by such person to the company whose harbour the notice aforesaid relates to and, in default of payment, shall be recoverable by that company from such person as a simple contract debt in any court of competent jurisdiction.

(10) This section shall not prejudice the provisions of the Sea Pollution Act, 1991, in so far as they relate to harbours.

53 Interference with a thing placed in harbour for purpose of safety.

53.—(1) It shall not be lawful for a person to interfere in any way with anything provided by a company for the purpose of safety within its harbour.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

54 Appointment of harbour police, functions of harbour police, etc.

54.—(1) Each of the following companies, namely, Dublin Port Company and Dún Laoghaire Harbour Company shall appoint the members of its staff referred to in subsection (2) and may, if it thinks fit, appoint such other members of its staff as it determines, to police its harbour and exercise the powers referred to in subsection (3) and references in this section to a company's harbour police shall be construed as references to persons appointed by the company under this subsection.

(2) The members of staff mentioned in subsection (1) are persons who on the relevant vesting day are transferred under section 38 to Dublin Port Company or Dún Laoghaire Harbour Company, as the case may be, and who immediately before the said day were employed as constables under any enactment by the Dublin Port and Docks Board or the Minister for the Marine in the case of Dún Laoghaire Harbour.

(3) (a) Subject to paragraph (b), a member of a company's harbour police may, within the company's harbour, arrest without warrant a person who the member reasonably suspects has committed or is committing an offence under this Act specified in section 6 (1).

(b) A member of a company's harbour police shall not be entitled to exercise the power referred to in paragraph (a) unless he or she has received (whether before or after the commencement of this section) training and instruction which, in the opinion of the company concerned, after consultation with the Minister, is such as will provide guidance to him or her in the exercise of the said power.

(c) A company concerned shall endorse on the warrant it furnishes to a member of its harbour police under subsection (4) a statement to the effect that the member has received the training and instruction referred to in paragraph (b).

(d) Where a member of a company's harbour police arrests a person under paragraph (a) he or she shall, forthwith, deliver the person into the custody of a member of the Garda Síochána to be dealt with according to law.

(e) The arrest of a person under paragraph (a) shall not prejudice the re-arrest under statute or otherwise of that person by a member of the Garda Síochána, an officer of Customs and Excise or any other person.

(f) A member of a company's harbour police may accompany the harbour master of the company's harbour in the entry by him or her (or a person authorised by him or her under section 37 (1) (b) to make such an entry) into a ship under section 14 (5) or 49 (1).

(g) A person who obstructs or impedes a member of a company's harbour police in making an arrest under paragraph (a) or while such a member is accompanying a harbour master or another person under paragraph (f) shall be guilty of an offence.

(4) A person who is appointed by a company as a member of its harbour police shall, on his or her appointment, be furnished by the company with a warrant of his or her appointment as such a member.

(5) The appointment of a person as a member of a company's harbour police may be revoked at any time by the company if it appears to it that the person has been guilty of any misconduct or neglect of duty.

PART IV Pilotage

55 Interpretation (Part IV).

55.—(1) In this Part and Part II of the Sixth Schedule, unless the context otherwise requires—

“company's pilotage district” shall be construed in accordance with subsection (2);

“employed pilot” means a pilot employed by a company under section 56 in respect of its pilotage district and “employed pilot for a pilotage district” and cognate expressions shall be construed accordingly;

“former pilotage authority” means a pilotage authority referred to in section 81;

“harbour master for a pilotage district” means the harbour master of the company on which the function of organising and ensuring the provision of pilotage services in the pilotage district is conferred by section 56;

“licensed pilot” means a person to whom a company has granted under section 58 (1) a licence to act as a pilot in its pilotage district and “licensed pilot for a pilotage district” and cognate expressions shall be construed accordingly;

“pilot” means an employed or a licensed pilot;

“pilotage agreement” has the meaning assigned to it by section 59 (1);

“pilot boat” means a boat or ship employed in the rendering of pilotage services;

“pilotage exemption certificate” has the meaning assigned to it by section 72 (1);

“pilot for a pilotage district” means an employed or licensed pilot for a pilotage district;

“pilot's licence” means a licence granted under section 58 (1);

“warrant of appointment” means a warrant referred to in section 58 (6).

(2) References in this Part to a company's pilotage district shall be construed as references to the pilotage district referred to in section 56 (1), the function of organising and ensuring the provision of pilotage services in which is conferred on the company by that section.

(3) References in this Part to the circumstances in which pilotage is compulsory for a ship while it is navigating in a pilotage district shall be construed as references to such circumstances as are specified in bye-laws under section 71.

56 Organisation of pilotage.

56.—(1) A company the harbour of which is situate in the pilotage district of a pilotage authority shall organise and ensure the provision of pilotage services in that pilotage district by one of the following means, namely—

(a) by employing pilots as members of its staff, or

(b) by licensing persons under section 58 to perform acts of pilotage within that pilotage district:

Provided that pilotage services in Dún Laoghaire Harbour and Foynes Harbour shall (whether or not a company stands established pursuant to section 7 in respect of either such harbour) be organised and the provision of such services ensured—

(i) in the case of the first-mentioned harbour, by Dublin Port Company,

(ii) in the case of the second-mentioned harbour, by Shannon Estuary Ports Company,

and by the same means as Dublin Port Company or Shannon Estuary Ports Company, as the case may be, otherwise organises and ensures the provision of pilotage services in the pilotage district aforesaid and, accordingly, save where an order under section 79 (1) specifies otherwise, this subsection shall not apply to Dún Laoghaire Harbour Company or Foynes Port Company and references in this Part to a company shall not be construed as including either of the said companies.

(2) If a company decides to organise and ensure the provision of pilotage services in its pilotage district by the means specified in paragraph (a) of subsection (1), the company may make provision for the payment of compensation by it to any holder of a pilot's licence granted under the Pilotage Act, 1913, by the former pilotage authority for the company's pilotage district, and which was in force immediately before the commencement of subsection (1) in relation to the company, as respects the financial loss (if any) that, in the opinion of the company, the said holder will incur in consequence of the company carrying into effect the said decision.

(3) For the purposes of subsection (1), a company may organise and operate a pilot boat service for its pilotage district, and such other means of conveying pilots to or from a place within, or in the vicinity of, its pilotage district as it considers appropriate.

(4) The harbour master for a pilotage district shall superintend the carrying out by the pilots for that pilotage district of their duties as such pilots.

57 Limits of a company's pilotage district.

57.—(1) (a) The limits of a company's pilotage district shall be those set out in Part II of the Third Schedule.

(b) A reference in this Act to a company's pilotage district shall be construed as including a reference to any point within the limits of its pilotage district as aforesaid.

(2) (a) For so long as an order under section 79 is in force that alters the limits of a company's pilotage district, Part II of the Third Schedule shall, in so far as it relates to the said limits, be construed and have effect in accordance with the order.

(b) The reference in paragraph (a) to an order in force shall, as respects such an order that is amended by an order in force under section 3 (4), be construed as a reference to the first-mentioned order as so amended.

58 Pilots' licences and warrants of appointment.

58.—(1) For the purposes of paragraph (b) of section 56 (1) and subject to the provisions of any bye-laws made by it under section 71, a company may, on application being made to it by a person, grant to that person a licence to act as a pilot in its pilotage district and may, subject to the provisions of any bye-laws as aforesaid and subsection (3), renew that licence as required.

(2) (a) A company may in granting a licence under subsection (1) attach such conditions to the licence as it thinks fit and such conditions may include conditions as to the area within the company's pilotage district in respect of which the holder of the licence may act as a pilot and the type of ship in respect of which he or she may act as a pilot.

(b) For the purposes of this subsection a company may divide the licences that it may grant under subsection (1) into licences of different classes by reference to the different conditions that it may attach to them and may style each such class of licence as it considers appropriate.

(3) (a) The grant or renewal of a licence under subsection (1) by a company shall not render the company liable for any act or default of the holder of the licence.

(b) A company shall not refuse to renew a pilot's licence on grounds that would constitute the grounds referred to in section 73 for the suspension or revocation by it of such a licence unless, in the particular case, the gravity of the conduct that would constitute the said grounds is, in the opinion of the company, such as to warrant the company not renewing the licence in the interests of the safety of navigation in its pilotage district.

(4) Notwithstanding the repeal of the Pilotage Act, 1913, by section 5, a pilot's licence granted by the former pilotage authority for a company's pilotage district under that Act and which is in force immediately before the commencement of section 56 (1) in relation to the said company shall, if immediately after such commencement the said company organises and ensures the provision of pilotage services in its pilotage district by the means specified in paragraph (b) of section 56 (1), continue in force in accordance with its terms and be deemed to be a licence granted by the said company under subsection (1).

(5) A company may suspend or revoke a pilot's licence granted by it—

(a) on the grounds referred to in, and subject to the provisions of, section 73, or

(b) on such grounds (not related to the conduct of the holder of the licence) as may be specified in bye-laws made by it under section 71,

and such a licence, if so revoked, shall cease to have effect, and, if so suspended, shall cease to have effect for the period for which it is suspended.

(6) (a) Each person employed as a pilot by a company for its pilotage district shall, on his or her appointment to the duties of such a person, be furnished by the company with a warrant of his or her appointment as such a pilot.

(b) A company may specify in a warrant as aforesaid conditions under which the holder of the warrant may act as a pilot for its pilotage district, including conditions as to the area within the company's pilotage district in respect of which the holder may act as a pilot and the type of ship in respect of which he or she may act as a pilot, and may vary those conditions from time to time.

59 Pilotage agreement between company and licensed pilots.

59.—(1) If a company decides to organise and ensure the provision of pilotage services in its pilotage district by the means specified in paragraph (b) of section 56 (1) it shall enter into an agreement (in this Part referred to as a “pilotage agreement”) with one or more persons whom the persons proposing to act as licensed pilots in the company's pilotage district nominate for the purpose of concluding such an agreement.

(2) A pilotage agreement may be varied or replaced by another pilotage agreement by agreement between the company concerned and the person or persons nominated under subsection (1) or such other person or persons as the licensed pilots for the company's pilotage district nominate for that purpose and references hereafter in this Part to a pilotage agreement shall, unless the context otherwise requires, be construed as including references to a pilotage agreement so varied and a pilotage agreement that so replaces a pilotage agreement (including a pilotage agreement that has itself so replaced such an agreement).

(3) (a) In this subsection “relevant representatives” means the person or persons nominated under subsection (1) or (2) to enter into—

(i) a pilotage agreement with the company referred to in this subsection, or

(ii) an agreement providing for the variation of a pilotage agreement to which the said company is a party, or

(iii) a pilotage agreement which will replace a pilotage agreement referred to in subparagraph (ii),

and references in this subsection to a pilotage agreement shall be construed as references to a pilotage agreement referred to in subparagraph (i), (ii) or (iii), as may be appropriate.

(b) If a company and the relevant representatives cannot agree as to whether a particular term or terms ought to be included in a pilotage agreement, they may refer the matter to a person who shall be nominated by them or, in the event of them being unable to agree as to the person to be nominated for that purpose, to a person who shall be nominated by the Minister.

(c) The person nominated under paragraph (b) shall, having considered the matter referred to him or her under that paragraph and any submissions which the company concerned and the relevant representatives have made to him or her in relation thereto (being submissions made to the person within such reasonable period of time as he or she shall specify for the purposes of the matter), decide whether the particular term or terms ought to be included in the pilotage agreement and his or her decision shall be binding on the company concerned and the relevant representatives.

(4) A pilotage agreement shall provide for—

(a) the number of licensed pilots who shall from time to time provide pilotage services in the pilotage district of the company concerned and an increase or reduction in, as the case may be, the number of such pilots in the event of an increase or reduction in traffic requiring pilotage in that pilotage district,

(b) the carrying out of the following duties by the company concerned or the licensed pilots for its pilotage district, namely—

(i) the collection and recovery of pilotage charges and the disbursement of those charges, after the making therefrom of all lawful deductions and disbursements on account of administrative expenses, to each of the licensed pilots,

(ii) the making, subject to the approval of the Minister given with the consent of the Minister for Finance, of a scheme for the grant of superannuation benefits to or in respect of the licensed pilots and the provision of such other benefits for those pilots as are considered desirable by the company concerned or those pilots, as the case may be,

(iii) such administrative duties the carrying out of which are necessary for or consequent upon the carrying out of a duty referred to in subparagraph (i) or (ii),

(c) the payment to the company concerned out of pilotage charges collected or recovered in its pilotage district of the expenses incurred by it in carrying out a duty referred to in paragraph (b),

(d) the transfer of the contributions, if any, that have been made by a licensed pilot for the pilotage district of the company concerned to any superannuation scheme administered by the former pilotage authority for that pilotage district to a scheme referred to in paragraph (b) (ii),

(e) the transfer of any balance in a pilots' benefit fund established under section 17 (1) (j) of the Pilotage Act, 1913, by the former pilotage authority for the pilotage district of the company concerned to a scheme referred to in paragraph (b) (ii) or to such other fund that the company concerned or the licensed pilots carrying out the duties referred to in paragraph (b) (ii) establish for the purpose of providing benefits for licensed pilots,

(f) such supplementary, incidental or consequential matters as respects the matters referred to in paragraphs (a) to (e),

(g) such other matters as may be required for the proper and efficient organisation and provision of pilotage services in the pilotage district of the company concerned,

(h) where it is thought desirable that effect should be given to a provision of the pilotage agreement by means of bye-laws made by the company concerned under section 71, the giving of effect to the provision by such means.

(5) (a) Where a pilotage agreement is in force in respect of a company's pilotage district and the company proposes that the agreement should stand cancelled from a specified date and from that date that pilotage services in its pilotage district should be organised and their provision ensured by the means specified in paragraph (a) of section 56 (1) it shall conduct a secret ballot of the licensed pilots for its pilotage district with respect to that proposal.

(b) If a majority of the licensed pilots for the pilotage district concerned who have cast valid votes in a ballot conducted under paragraph (a) vote in favour of the proposal to which the ballot relates—

(i) the pilotage agreement concerned shall stand cancelled from the date specified in the said proposal, and

(ii) the company concerned may make all administrative arrangements and adjustments with respect to the organisation and provision of pilotage services in its pilotage district as are necessary to give effect to the said proposal and may provide for any thing consequential on the said proposal being carried into effect (including any financial loss that may be incurred by persons who were licensed pilots for its pilotage district).

60 Compulsory pilotage.

60.—(1) Subject to subsection (3), a ship which is being navigated in a pilotage district in circumstances in which pilotage is compulsory for it shall be under the pilotage of—

(a) a pilot for the pilotage district the terms of whose pilot's licence or warrant of appointment, as the case may be, entitles him or her to pilot the ship in the circumstances concerned (hereafter in this section referred to as an “appropriately qualified pilot”), or

(b) a person who is bona fide acting as the person in charge of the ship and who holds a pilotage exemption certificate entitling him or her to pilot the ship in the circumstances concerned.

(2) If any ship is not under pilotage as required by subsection (1) after an appropriately qualified pilot has offered to take charge of the ship, the master of the ship shall be guilty of an offence.

(3) (a) If the master of a ship cannot comply with paragraph (a) of subsection (1) because the services of appropriately qualified pilots are, for whatever reason, unavailable he or she may, notwithstanding that subsection, navigate the ship in the pilotage district provided the harbour master for the pilotage district, being satisfied that it is safe in all the circumstances for the ship to be so navigated, authorises such navigation.

(b) If in circumstances to which paragraph (a) applies the master of a ship navigates it in a pilotage district without such navigation being authorised under that paragraph, he or she shall be guilty of an offence.

(4) If the master of a ship navigates it in a pilotage district in circumstances in which pilotage is compulsory for it without notifying the harbour master for the pilotage district that he or she proposes to do so, he or she shall be guilty of an offence.

(5) In this section “ship” does not include a class of ship that, as respects the pilotage district concerned, is exempted from the requirements of this section by bye-laws under section 71.

61 Right of a pilot to supersede unauthorised person.

61.—(1) A pilot for a pilotage district may supersede as the pilot of a ship which is being navigated in the pilotage district any unauthorised person who has been engaged to pilot it.

(2) If the master of a ship navigates it in a pilotage district under the pilotage of an unauthorised person without first notifying the harbour master for the pilotage district that he or she proposes to do so, he or she shall be guilty of an offence.

(3) If an unauthorised person pilots a ship in a pilotage district knowing that a pilot for the pilotage district has offered to pilot it, he or she shall be guilty of an offence.

(4) If the master of a ship which is navigating in a pilotage district knowingly engages or continues to engage an unauthorised person to pilot the ship after a pilot for the pilotage district has offered to pilot it, he or she shall be guilty of an offence.

(5) For the purposes of this section—

(a) a person is an unauthorised person if he or she is neither a pilot for the pilotage district concerned nor the holder of a pilotage exemption certificate, the terms of whose pilot's licence, warrant of appointment or certificate as aforesaid, as the case may be, entitles him or her to act as a pilot in the circumstances concerned,

(b) any person (other than the master or one of the crew of a ship) who is on the bridge of the ship or in any other position from which the ship is navigated (whether on board or elsewhere) shall be deemed to be piloting the ship unless he or she proves otherwise.

(6) In this section “ship” does not include a class of ship that, as respects the pilotage district concerned, is exempted from the requirements of this section by bye-laws under section 71.

62 Provision as to ships moving within harbour.

62.—A ship which is being moved within a harbour situated in a pilotage district shall, while it is being so moved, be deemed for the purposes of this Part to be navigating in that pilotage district save in so far as bye-laws under section 71 provide otherwise.

63 Liability for ships under compulsory pilotage.

63.—The fact that a ship is being navigated in a pilotage district in circumstances in which pilotage is compulsory for it shall not affect any liability of the owner or master of the ship for any loss or damage caused by the ship or by the manner in which it is navigated.

64 Pilotage charges.

64.—(1) A company may, in respect of pilotage services that are provided by pilots in its pilotage district, impose charges (in this Part referred to as “pilotage charges”) at such rates as are from time to time determined by it.

(2) Without prejudice to the generality of subsection (1), the pilotage charges that may be imposed under this section shall include—

(a) pilotage charges by way of penalties payable in cases where the estimated time of arrival or departure of a ship is not notified as required by bye-laws made by the company under section 71 or where a ship does not arrive or depart at the time notified in accordance with such bye-laws, and

(b) pilotage charges in respect of the cost of providing, maintaining and operating pilot boats for the pilotage district.

(3) Different rates of pilotage charges may be imposed by a company in different circumstances.

(4) Pilotage charges shall be recoverable by—

(a) the company concerned, or

(b) if a pilotage agreement provides that the licensed pilots for its pilotage district shall recover pilotage charges in that pilotage district, those licensed pilots,

from the person on whom they are imposed as a simple contract debt in any court of competent jurisdiction.

65 Liability for pilotage charges in respect of certain pilotage services.

65.—(1) As respects the services of a pilot that are obtained for any ship in a pilotage district pilotage charges may be imposed on any of the following persons, namely—

(a) the owner or master of the ship;

(b) a consignee or agent who has paid or made himself or herself liable to pay any other charge on account of the ship in the harbour of its arrival, discharge or departure.

(2) A consignee or agent (not being the owner or master of the ship concerned) referred to in subsection (1) may, out of any moneys received by him or her on account of the ship concerned or belonging to the owner thereof, retain the amount of all pilotage charges paid by him or her in respect of that ship, together with any reasonable expenses he or she may have incurred by reason of the payment of the pilotage charges or his or her liability to pay the pilotage charges.

(3) A company may require a person referred to in subsection (1) to give a bond of a specified amount in favour of the company to recover pilotage charges.

66 Receiving or offering improper rates of pilotage charges.

66.—(1) A pilot shall not demand or receive, and a person referred to in section 65 (1) shall not offer to pay or pay to any pilot, pilotage charges in respect of services provided for a ship at any other rates, whether greater or less, than the rates which for the time being are determined under section 64 (1) in respect thereof.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

67 Reference of disputes or disagreements to harbour master.

67.—If a dispute or disagreement arises as to whether a particular thing done or to be done in relation to the navigation of a ship or anything connected with the navigation of a ship is a pilotage service for the purposes of this Part the dispute or disagreement shall be referred to the harbour master for the pilotage district concerned for his or her determination and the decision of that harbour master in the matter shall be final.

68 Accounts to be kept by licensed pilots.

68.—(1) If a pilotage agreement provides that the licensed pilots for a pilotage district shall collect and recover pilotage charges in that pilotage district and disburse such charges when collected or recovered, the said pilots shall cause to be kept all proper and usual accounts of all moneys received, expended and disbursed by them in each financial year in the performance of those functions.

(2) The licensed pilots referred to in subsection (1) shall, within 3 months after the end of each financial year, cause—

(a) the accounts kept by them under that subsection in respect of that year to be audited by an auditor approved by the company by whom they are licensed, and

(b) copies of such of those accounts, when so audited, as the company aforesaid specifies, to be furnished to that company and the Minister.

69 Retirement age for pilots.

69.—(1) Subject to subsection (2)—

(a) an employed pilot shall retire from such employment on his or her reaching 60 years of age,

(b) a pilot's licence shall not be granted or renewed in respect of a person who has reached 60 years of age,

(c) a pilot's licence shall not be granted or renewed for a period that will expire on a date subsequent to the date on which the person in respect of whom the licence is granted or renewed will reach 60 years of age.

(2) Subsection (1) shall not apply to a person who is the holder of a pilot's licence referred to in section 58 (4).

70 Limitation of liability in respect of pilots.

70.—(1) A pilot for a pilotage district who has given a bond (the penalty of which shall not exceed £100) in the form prescribed by bye-laws made under section 71 in relation to that pilotage district shall not be liable for damages as respects any neglect or want of skill on his or her part in rendering a pilotage service beyond an amount equal to the penalty of the bond and the pilotage charges that may be imposed in respect of the said service.

(2) A bond given by a pilot under subsection (1) shall not be liable to stamp duty and the pilot shall not be required to pay any expense in relation to the bond other than the actual expense of preparing the same.

(3) Where any loss or damage to any ship, to any property on board any ship or to any property or rights of any kind is caused by an employed pilot for a pilotage district in rendering a pilotage service and the loss or damage is not attributable to any act or omission of the company which employs that pilot committed with the intent to cause the loss or damage, or recklessly and with knowledge that the loss or damage would probably result, the company shall not be liable for damages beyond the amount of £100 multiplied by the number of employed pilots for its pilotage district at the date when the loss or damage occurs.

(4) The limitation of liability under this section shall apply to the whole of any losses and damages which may arise upon any one distinct occasion although such losses and damages may be sustained by more than one person.

(5) Where any proceedings are taken against a person (hereafter in this section referred to as “the defendant”) for any act or omission in respect of which his or her liability is limited under this section and other claims are or appear likely to be made in respect of the same act or omission, the court in which the proceedings are taken may—

(a) determine the amount of the liability of the defendant,

(b) upon payment by the defendant of that amount into court, distribute that amount rateably among the claimants,

(c) stay any proceedings pending in any other court of equal or lower jurisdiction to it in relation to the same matter or request a court of higher jurisdiction to it in which such proceedings are pending to stay those proceedings,

(d) proceed in such manner as the court thinks just—

(i) as to making interested persons parties to the proceedings,

(ii) as to the exclusion of any claimants whose claims are not made within a specified period,

(iii) as to requiring security from the defendant, and

(iv) as to payment of any costs.

71 Pilotage bye-laws.

71.—(1) Subject to the provisions of this section, a company may, in relation to pilotage in its pilotage district, make bye-laws for all or any of the purposes mentioned in Part II of the Sixth Schedule.

(2) (a) If a company proposes to make bye-laws under subsection (1) it shall—

(i) serve a notice of the proposal on each pilot for its pilotage district, and

(ii) publish a notice of the proposal in one or more newspapers circulating in the vicinity of its pilotage district.

(b) A notice under paragraph (a) shall contain a statement, in general terms, of the purposes for which the proposed bye-laws are to be made and an intimation—

(i) that the company concerned shall furnish, on request, to a person, free of charge, a draft of the proposed bye-laws, and

(ii) that a person may, within the appropriate periods specified in subsection (4)—

(I) request the company concerned to submit a draft of the proposed bye-laws to the Minister for his or her approval, and

(II) if a request as aforesaid is made by him or her or any other person, submit to the Minister objections in writing to the approval of the bye-laws.

(3) A company shall furnish, on request, to a person, free of charge, a draft of bye-laws that it proposes to make under subsection (1).

(4) (a) A person may within the period mentioned in paragraph (b) request a company to submit to the Minister for his or her approval a draft of bye-laws that it proposes to make under subsection (1).

(b) The period referred to in paragraph (a) is—

(i) in case the person making the request is a pilot for the pilotage district concerned, the period of 21 days beginning on the date of service on him or her of a notice under paragraph (a) (i) of subsection (2) with respect to the bye-laws concerned, or

(ii) in any other case, the period of 21 days beginning on the date of the publication of a notice under paragraph (a) (ii) of subsection (2) with respect to the bye-laws concerned, or, in case more than one such notice is published, of the last such notice.

(c) If a request referred to in paragraph (a) is made of a company the company shall (unless it has already complied with such a request made of it by another person in relation to the same bye-laws) submit to the Minister for his or her approval a draft of the bye-laws to which the request relates.

(d) Any person may, within the period of one month beginning on the date of the submission of a draft of bye-laws under paragraph (c) to the Minister for his or her approval, submit to the Minister objections in writing to the approval of the bye-laws.

(5) Where under paragraph (c) of subsection (4) a draft of bye-laws is submitted to the Minister for his or her approval, the Minister, having considered any objections in writing to the approval of the bye-laws submitted in accordance with paragraph (d) of that subsection, shall, as he or she may think proper, refuse to approve of the bye-laws or approve thereof without modifications or make such modifications therein as he or she may think proper and approve of the bye-laws as so modified and the company concerned shall, accordingly, not make the bye-laws or, as the case may be, make them in the terms as so approved of.

(6) (a) Subsections (2) to (5) shall not apply to a company that organises and ensures the provision of pilotage services in its pilotage district by the means specified in paragraph (a) of section 56 (1).

(b) Subsections (2) to (5) are subject to paragraph (b) of section 80 (1).

(7) Notwithstanding the repeal of the Pilotage Act, 1913, by section 5, bye-laws made by the former pilotage authority for a company's pilotage district under that Act and which are in force immediately before the commencement of this section shall, save to the extent that they are inconsistent with a provision of this Act, continue in force as if made by the said company under subsection (1) and may be amended or revoked by it accordingly.

(8) A person who contravenes a provision of bye-laws made under this section shall be guilty of an offence.

72 Pilotage exemption certificates.

72.—(1) A company may, on application being made to it by a person who is bona fide acting as the person in charge of any ship, grant to that person a certificate (in this Part referred to as “a pilotage exemption certificate”) if—

(a) it is satisfied that the person has the skill, experience and local knowledge sufficient to enable him or her to pilot the ship of which he or she is in charge (or that and any other ship in relation to which the certificate is to have effect in accordance with subsection (2)) within the company's pilotage district or such part or parts thereof as is or are specified in the certificate,

(b) the person is—

(i) an Irish citizen,

(ii) a national of another Member State of the European Communities (within the meaning of the European Communities Act, 1972), or

(iii) a national of a state with which the State has reciprocal arrangements for the grant by that state to an Irish citizen of a certificate that, under the law of that state, has the equivalent effect to a pilotage exemption certificate,

(c) the person is the holder of a certificate referred to in Regulation I/2 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 done at London on the 7th day of July, 1978, and which is in force,

(d) it is satisfied that such other requirements relating to the grant of a pilotage exemption certificate as may be prescribed by bye-laws made by it under section 71 are complied with by or in respect of that person.

(2) A pilotage exemption certificate may be granted subject to such conditions as the company concerned thinks fit, including conditions so that the certificate may have effect—

(a) in relation to the whole of the pilotage district concerned or such part or parts thereof as is or are specified in the certificate,

(b) in relation to more than one ship of substantially the same class and belonging to the same owner in circumstances where the person to whom it is granted is bona fide acting as the person in charge of any such ship.

(3) A pilotage exemption certificate shall specify the period for which it shall have effect which shall not be more than 1 year from the date on which it is granted or renewed under subsection (4),

(4) (a) Subject to the provisions of any bye-laws made by it under section 71 relating to the renewal of a pilotage exemption certificate and paragraph (b), a company which has granted a pilotage exemption certificate may renew it annually or at shorter intervals, as may be required.

(b) A company shall not refuse to renew a pilotage exemption certificate on grounds that would constitute the grounds referred to in section 73 for the suspension or revocation by it of such a certificate unless, in the particular case, the gravity of the conduct that would constitute the said grounds is, in the opinion of the company, such as to warrant the company not renewing the certificate in the interests of the safety of navigation in its pilotage district.

(5) A company may, on the application of the holder of a pilotage exemption certificate which has been granted by it, amend the certificate so that it shall have effect in relation to any other ship or ships to which the holder may be transferred, being a ship or ships—

(a) of a not substantially greater draught of water or tonnage than the ship or ships in relation to which the certificate already has effect, or

(b) of substantially the same class and belonging to the same owner as the said ship or ships.

(6) If two or more ships are shown to the satisfaction of a company to be bona fide under the management of any one or more of the following persons, namely—

(a) a body corporate,

(b) any holding company of that body corporate,

(c) any subsidiary of that body corporate,

(d) any subsidiary of a holding company of that body corporate,

as manager, managing owner, demisee or time charterer the company may, for the purposes of this section, treat the said ships as being owned by the said body corporate or, as the case may be, either (as it thinks appropriate) the said body corporate or any holding company or subsidiary as aforesaid.

(7) If it is proposed to carry dangerous goods or harmful substances on board any ship or ships in relation to which an application for the grant of a pilotage exemption certificate or the renewal or amendment thereof is made the company concerned, in deciding whether to grant, renew or amend (as the case may be) the certificate, shall, without prejudice to the requirements specified in subsection (1), have regard to the hazards that may be involved in the carriage of the said goods or substances on board the ship or ships.

(8) Where a ship in relation to which a pilotage exemption certificate has effect is being navigated in the pilotage district of the company which granted the certificate in circumstances in which pilotage is compulsory for it, the company shall ensure, in so far as is practicable, that—

(a) a qualified officer is on the bridge of the ship with the holder of the certificate at all times (other than a time referred to in paragraph (b)) whilst the ship is being so navigated,

(b) if the said officer is required elsewhere on the ship for anchoring or mooring duties at a time when the ship is anchoring, berthing or leaving a berth, a qualified navigational watch rating is on the bridge of the ship with the holder of the certificate at such a time.

(9) Notwithstanding the repeal of the Pilotage Act, 1913, by section 5, a pilotage certificate granted by the former pilotage authority for a company's pilotage district under section 23 of that Act and which is in force immediately before the commencement of this section shall continue in force in accordance with its terms and be deemed to be a pilotage exemption certificate granted by the said company under subsection (1).

(10) A company may suspend or revoke a pilotage exemption certificate granted by it—

(a) on the grounds referred to in, and subject to the provisions of, section 73, or

(b) on such grounds (not being grounds related to the conduct of the holder of the certificate) as may be specified in bye-laws made by it under section 71,

and such a certificate, if so revoked, shall cease to have effect, and, if so suspended, shall cease to have effect for the period for which it is so suspended.

(11) (a) The reference in subsection (1) (c) to Regulation I/2 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers includes a reference to that Regulation as amended or replaced for the time being by any international agreement or convention to which the State is a party.

(b) In subsection (6) “subsidiary” means, in relation to a body corporate, a subsidiary within the meaning of section 155 of the Companies Act, 1963.

73 Suspension, revocation or non-renewal of pilot's licence or pilotage exemption certificate in certain circumstances.

73.—(1) In this section “the Board of Inquiry” has the meaning assigned to it by subsection (5).

(2) This section shall have effect in relation to the suspension or revocation of a pilot's licence or a pilotage exemption certificate on the grounds referred to in subsection (3) and to a refusal to renew such a licence or certificate in accordance with section 58 (3) (b) or 72 (4) (b).

(3) The grounds mentioned in subsection (2) are that the holder of the pilot's licence or pilotage certificate concerned has conducted himself or herself (whether by act or omission) in a manner that amounts to a contravention of a provision of this Act or otherwise to misconduct, incompetence or neglect of duty by him or her (whether in relation to his or her duties generally as a holder of such a licence or certificate or in relation to a specific incident or matter).

(4) (a) Subject to paragraph (b), a company shall not suspend or revoke a pilot's licence or a pilotage exemption certificate on the grounds referred to in subsection (3) otherwise than in accordance with a direction given to it in that behalf by the Board of Inquiry under this section.

(b) Notwithstanding paragraph (a) but without prejudice to subsection (5), a company may suspend a pilot's licence or a pilotage exemption certificate without a direction as aforesaid being given to it if in its opinion there exist the grounds referred to in subsection (3) for the suspension or revocation of the licence or certificate and the gravity of the particular conduct constituting those grounds is such as to warrant the immediate suspension of the licence or certificate in the interests of the safety of navigation in its pilotage district.

(5) (a) Where a company—

(i) becomes of the opinion that the grounds referred to in subsection (3) exist for the suspension or revocation of a pilot's licence or a pilotage exemption certificate (whether or not it has exercised the powers under subsection (4) (b) in relation to the licence or certificate or has renewed the licence or certificate subsequent to its becoming of that opinion), or

(ii) decides, in accordance with section 58 (3) (b) or 72 (4) (b), not to renew such a licence or certificate on grounds that would constitute grounds aforesaid for the suspension or revocation of such a licence or certificate,

it shall, as soon as may be after it becomes of that opinion or reaches that decision, establish a board (in this section referred to as “the Board of Inquiry”) to conduct an inquiry into the matter, to find as a fact whether or not the said grounds exist and, consequent on such a finding, to exercise the appropriate powers conferred on such a board by this section.

(b) Particulars of the conduct alleged to constitute the said grounds shall be furnished by the company in writing to the Board of Inquiry and the holder or former holder of the licence or certificate concerned.

(c) (i) The members of the Board of Inquiry shall consist of the chief executive of the company establishing it or some other person nominated by that chief executive (other than the harbour master for the company's pilotage district or a person authorised for the time being by that harbour master under section 37 (1) (b) to perform any of his or her functions), a person nominated by the Minister and a person nominated by the holder or former holder of the licence or certificate concerned or, if the said holder fails or refuses to nominate a person, a person also nominated by the Minister.

(ii) The chairperson of the Board of Inquiry shall be the said chief executive or the person nominated by him or her to be a member of the Board.

(d) (i) The Board of Inquiry shall conduct an inquiry into the matter concerned by way of an oral hearing at which the holder or former holder of the licence or certificate concerned shall be entitled to be heard and represented.

(ii) Subject to the provisions of any bye-laws made under section 71 by the company which has established it, the Board of Inquiry shall determine the procedure to be followed at an oral hearing under this paragraph.

(iii) The Board of Inquiry may obtain the assistance of one or more assessors in determining any matter of a technical nature that arises during the course of an oral hearing under this paragraph.

(e) If, after an oral hearing under paragraph (d), the Board of Inquiry finds as a fact that the grounds, as specified in the particulars furnished to it under paragraph (b), exist for the suspension or revocation of the licence or certificate concerned or, as the case may be, for the company concerned having refused to renew that licence or certificate, it may decide to—

(i) give a direction to the company concerned requiring that company to revoke the licence or certificate concerned or to suspend or, as the case may be, continue to suspend, for such period as it specifies in the decision, that licence or certificate,

(ii) confirm the refusal by the company concerned to renew the licence or certificate concerned, or

(iii) notwithstanding that it has found as a fact that the said grounds exist, reprimand the holder of the licence or certificate concerned and, if that licence or certificate stands suspended under subsection (4) (b) or the renewal of it has been refused by the company concerned in accordance with section 58 (3) (b) or 72 (4) (b), direct that company to discontinue the suspension of that licence or certificate or, as the case may be, to renew that licence or certificate, subject, if it thinks fit so to provide, to such conditions as it specifies in the decision,

and the provisions of subsections (6), (7)and (8) shall apply to such a decision.

(f) If a licence or certificate stands suspended under subsection (4) (b) or the renewal of it has been refused by the company concerned in accordance with section 58 (3) (b) or 72 (4) (b)and the Board of Inquiry after an oral hearing under paragraph (d) finds as a fact that the grounds, as specified in the particulars furnished to it under paragraph (b), do not exist for the suspension or revocation of the licence or certificate or, as the case may be, for that company having refused to renew the licence or certificate it shall give a direction to that company requiring it to discontinue the suspension of the licence or certificate or, as the case may be, to renew the licence or certificate.

(6) The holder or former holder of the licence or certificate concerned may, within the period of 21 days beginning on the date of a decision referred to in subsection (5) (e), apply to the Circuit Court for an order cancelling or varying that decision and if he or she so applies—

(a) the Circuit Court, on the hearing of the application, may make an order—

(i) cancelling that decision,

(ii) affirming that decision, or

(iii) varying that decision in such manner as it thinks just and, without prejudice to the generality of this sub-paragraph, an order under this subparagraph may—

(I) provide that in lieu of the company concerned being directed to revoke the licence or certificate concerned, it shall be directed to suspend or, as the case may be, to continue to suspend that licence or certificate for such period as the Court specifies,

(II) provide that in lieu of the company concerned being directed to revoke or suspend or to continue to suspend the licence or certificate concerned, the Board of Inquiry shall reprimand the applicant and, where appropriate, direct the company concerned to discontinue the suspension of that licence or certificate or, as the case may be, to renew that licence or certificate subject to such conditions (if any) as the Court specifies,

(III) specify a lesser period than the period specified in the decision for which the company concerned is to be directed to suspend or continue to suspend the licence or certificate concerned,

(b) if at any time the Board of Inquiry satisfies the Circuit Court that the applicant has delayed unduly in proceeding with the application, the Circuit Court shall, unless it sees good reason to the contrary, make an order affirming that decision,

(c) the Circuit Court may direct how the costs of the application are to be borne.

(7) (a) Where the holder or former holder of the licence or certificate concerned does not, within the period of 21 days beginning on the date of a decision referred to in subsection (5) (e), apply to the Circuit Court for an order cancelling or varying that decision, the Board of Inquiry may apply ex parte to the Circuit Court for an order affirming that decision and, if the Board so applies, the Circuit Court shall, unless it sees good reason to the contrary, make an order affirming that decision.

(b) An application to the Circuit Court under this subsection or subsection (6) shall be made to the judge of the Circuit Court for the circuit in which the registered office of the company which granted the licence or certificate concerned is situated.

(8) (a) Where a decision of the Board of Inquiry has been affirmed or varied by the Circuit Court under this section, the Board may proceed to carry out that decision as so affirmed or varied and for that purpose may give to the company concerned any direction provided for in the decision.

(b) A company shall comply with a direction given to it by the Board of Inquiry under paragraph (a) or subsection (5) (f).

(9) The Board of Inquiry shall for the purpose of an oral hearing under subsection (5) have the powers, rights and privileges vested in the High Court or a judge thereof on the hearing of an action in respect of—

(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise, and

(b) the compelling of the production of documents,

and a summons signed by the chairperson of the Board of Inquiry may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.

(10) If a person—

(a) on being duly summoned as a witness before the Board of Inquiry, without just cause or excuse disobeys the summons, or

(b) being in attendance as a witness before the Board of Inquiry refuses to take an oath or to make an affirmation when legally required by the Board to do so, or to produce any documents (which word shall be construed in this subsection and in subsection (9) as including things) in his or her power or control legally required by the Board to be produced by him or her, or to answer any question to which the Board may legally require an answer, or

(c) wilfully gives evidence to the Board of Inquiry which is material to the matter being inquired into by the Board and which he or she knows to be false or does not believe to be true, or

(d) by act or omission, obstructs or hinders the Board of Inquiry in the performance of its functions,

the person shall be guilty of an offence.

74 Appeal to Minister against conduct of company with respect to pilot's licence or pilotage exemption certificate.

74.—(1) If a complaint is made by a person to the Minister that a company has—

(a) without reasonable cause refused or failed to examine that person for a pilot's licence or a pilotage exemption certificate, or to grant to that person such a licence or certificate after he or she has undergone an examination conducted by the company therefor; or

(b) conducted any examination of that person for a pilot's licence or a pilotage exemption certificate improperly or unfairly; or

(c) attached conditions to a pilot's licence or included terms in a pilotage exemption certificate which it has granted to that person that it has no power to attach or include or that are unreasonable; or

(d) in any other manner to the prejudice of that person failed properly to perform any of its functions under this Part with respect to a pilot's licence or a pilotage exemption certificate (and the complaint is not one cognisable by a Board of Inquiry under section 73 (5)),

the Minister shall consider the complaint and, if the Minister is of opinion that the complaint is well founded, shall make such order as he or she shall think fit for the purpose of redressing the matter complained of, and the company shall give effect to any order so made by the Minister.

(2) If a company refuses or fails to give effect to any such order of the Minister, the Minister may, for the purpose of giving effect to the order, exercise any powers of the company and anything done by the Minister in the exercise of those powers shall have the same effect as if it had been done by the company.

75 Obligation of master to furnish information to a pilot.

75.—(1) A pilot may request the master of a ship which the pilot is piloting to declare to him or her its draught of water, air draught, length and beam, and to provide him or her with such other information relating to the ship as the pilot specifies and is reasonably necessary to enable the pilot to carry out his or her duties as the pilot of the ship.

(2) The master of a ship shall bring to the notice of any person who pilots the ship any defects in, and any matter peculiar to, the ship and its machinery and equipment of which the master knows and which might materially affect the navigation of the ship.

(3) A master of a ship who—

(a) refuses or fails to comply with a request made under subsection (1), or

(b) makes a statement which is false in a material particular in purported compliance with such a request, knowing it to be so false or being reckless as to whether it is so false, or

(c) without reasonable cause contravenes subsection (2),

shall be guilty of an offence.

76 Facilities to be given for pilot getting on board ship.

76.—(1) Where—

(a) the master of a ship that is navigating in a pilotage district in circumstances in which pilotage is compulsory for it but is not under the pilotage of a pilot or other person, the terms of whose licence, warrant of appointment or pilotage exemption certificate, as the case may be, entitles him or her to pilot the ship in the circumstances concerned, is offered the services of a pilot, or

(b) the master of a ship accepts the services of a pilot in any other circumstances,

he or she shall facilitate the pilot safely boarding and subsequently safely leaving the ship.

(2) A master of a ship who without reasonable cause contravenes this section shall be guilty of an offence.

77 Conduct of pilot endangering ship or safety of persons.

77.—(1) If a pilot in the course of piloting a ship—

(a) does any act which causes or is likely to cause—

(i) the loss or destruction of or serious damage to the ship or its machinery, navigation equipment or safety equipment,

(ii) the loss or destruction of or serious damage to any other ship or any structure, or

(iii) the death of or serious injury to any person,

or

(b) omits to do anything required—

(i) to preserve the ship or its machinery, navigation equipment or safety equipment from being lost, destroyed or seriously damaged,

(ii) to preserve any person on board the ship from death or serious injury, or

(iii) to prevent the ship from causing the loss or destruction of or serious damage to any other ship or any structure, or the death of or serious injury to any person not on board the ship,

and the act or omission was deliberate or amounted to a breach or neglect of duty or the pilot was under the influence of alcohol or any controlled drug (within the meaning of the Misuse of Drugs Acts, 1977 and 1984) at the time of the act or omission, he or she shall, subject to subsection (2), be guilty of an offence.

(2) In proceedings for an offence under this section it shall be a defence to prove—

(a) that in all circumstances the loss, destruction, damage, death or injury in question or, as the case may be, the likelihood of its being caused either could not reasonably have been foreseen by the accused person or could not reasonably have been avoided by him or her, or

(b) if the act or omission alleged against the accused person constituted a breach or neglect of duty, the accused person took all reasonable steps to discharge that duty.

(3) In this section “structure” means any fixed or movable structure (of whatever description) other than a ship.

78 Miscellaneous offences with respect to pilots.

78.—If a pilot—

(a) lends his or her pilot's licence or warrant of appointment to another person for the use by that other person;

(b) being a licensed pilot, acts as a pilot whilst his or her licence stands suspended under this Part;

(c) acts as a pilot while under the influence of alcohol or any controlled drug (within the meaning of the Misuse of Drugs Acts, 1977 and 1984);

(d) employs, or causes to be employed, on board or otherwise in relation to any ship which he or she is piloting, any boat, anchor, cable, or other store, matter, or thing beyond what is necessary for the service of that ship, with intent to enhance the amount of pilotage charges imposed in relation to the pilotage of the ship for his or her own gain or for the gain of any other person;

(e) fails or refuses to comply with a lawful direction given to him or her by the harbour master for the pilotage district for which he or she is licensed or employed;

(f) fails, refuses or wilfully delays, when not prevented by illness or other reasonable cause, to pilot any ship within the pilotage district for which he or she is licensed or employed upon being required to do so by the master of the ship or the company by whom he or she is licensed or employed; or

(g) quits the ship, which he or she is piloting, before the service for which he or she was engaged has been performed and without the consent of the master of the ship;

he or she shall be guilty of an offence.

79 Power of Minister to re-organise provision of pilotage services.

79.—(1) The Minister may by order—

(a) establish one or more additional pilotage districts (that is to say, districts in which pilotage shall be regulated in the like manner to that provided by this Part in relation to a pilotage district mentioned in section 56) and define the limits of such a district or of such districts,

(b) specify the circumstances in which pilotage shall be compulsory in a pilotage district established under paragraph (a),

(c) abolish a pilotage district (being a pilotage district mentioned in section 56 or established under paragraph (a)) or alter the limits of such a district,

and nothing in section 56 shall be construed as restricting or limiting the exercise by the Minister of his or her powers under this section in relation to a pilotage district mentioned in that section.

(2) (a) An order under paragraph (a) of subsection (1) shall confer on a specified person the function of organising and ensuring the provision of pilotage services in the pilotage district to which the order relates; the said person shall perform that function by one of the means specified in section 56 (1) and the provisions of this Part shall otherwise apply to the said pilotage district with the substitution for references to “company”, in each place where it occurs, of references to the said person and any other necessary modifications.

(b) An order under subsection (1) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient.

(3) The powers of the Minister under this section are in addition to his or her powers under section 43.

80 Miscellaneous powers of Minister with respect to pilotage.

80.—(1) (a) The Minister may give a direction in writing to a company to do or refrain from doing anything specified in the direction the doing, or the refraining from the doing, of which is, in the opinion of the Minister, necessary to ensure the safety of pilotage operations in its pilotage district and the company shall comply with any such direction.

(b) Without prejudice to the generality of paragraph (a), the Minister may give a direction under that paragraph to a company requiring it to amend, in a manner specified in the direction, so much of bye-laws made by it under section 71 that specify the circumstances in which pilotage shall be compulsory for a ship while it is navigating in the company's pilotage district and subsections (2) to (5) of that section shall not apply to an amendment by the company of those bye-laws in compliance with such a direction.

(2) The Minister may, after consultation with the company, give a direction in writing to a company requiring it to comply with policy decisions of a general kind made by the Minister in relation to the levels of pilotage charges imposed by a company or companies and the company shall comply with any such direction.

(3) The Minister may from time to time request one or more persons having a knowledge of the organisation and provision of pilotage services in the State to carry out a review of Government policy for the time being in relation thereto and to make such recommendations to the Minister as to the maintenance of or change in that policy as the person or persons thinks or think appropriate.

(4) The Minister may by order authorise a person specified in the order to grant a certificate (hereafter in this section referred to as a “deep sea pilotage certificate”) to a person certifying that he or she is qualified to act as a pilot of a ship in respect of such part of the sea falling outside a pilotage district as the Minister specifies in the order.

(5) A person for the time being authorised by an order under subsection (4) to grant a deep sea pilotage certificate may grant such a certificate to any person on application by the person if he or she is satisfied (by examination or by reference to such other criteria as he or she may reasonably impose) that the applicant is qualified to act as a pilot of a ship for the area in respect of which the first-mentioned person is authorised to grant such a certificate.

PART V Miscellaneous

81 Dissolution of certain harbour authorities and pilotage authorities.

81.—(1) A harbour authority of a harbour in respect of which a company is established pursuant to section 7 shall stand dissolved on the relevant vesting day and such dissolution shall, subject to subsection (2), include the dissolution of the harbour authority in their capacity as a pilotage authority.

(2) If the day on which section 56 commences in relation to a company is subsequent to the relevant vesting day the harbour authority of the company's harbour shall, notwithstanding subsection (1), continue in existence in their capacity as a pilotage authority on and from the relevant vesting day but shall stand dissolved in that capacity on the commencement of section 56 in relation to the company.

(3) As respects a harbour authority that, by virtue of subsection (2), is continued in existence in the capacity referred to in that subsection—

(a) the company established pursuant to section 7 in respect of the harbour of the harbour authority may make such contributions, as with the consent of the Minister it may determine, towards the expenses which the harbour authority incurs, on and from the relevant vesting day, in acting in the said capacity,

(b) the Minister may appoint a person to fill a casual vacancy arising among the members of the harbour authority on or after the said vesting day and may, by order, make provision for any other matter in relation to the constitution or the administration generally of that authority where the making of such provision is necessary to enable them to act duly in the said capacity.

82 Construction of reference to Shannon Harbour for certain purposes.

82.—For the purposes of references in this Act to the former harbour authority of a company's harbour, in so far as the references relate to Shannon Estuary Ports Company, references in this Act to Shannon Harbour shall be construed as references to, or (as may be appropriate) as including references to, Limerick Harbour.

83 Adaptation of references in enactments to harbour authorities and pilotage authorities.

83.—(1) References in any enactment or instrument made thereunder to a harbour authority shall, unless the context otherwise requires, be construed as including references to a company established pursuant to section 7 in respect of the harbour of a harbour authority or, as the case may be, to a local authority to which the harbour of a harbour authority is transferred by an order under subsection (2) of section 88 or under subsection (4) or (5) of that section and references in any enactment or instrument made thereunder to a particular harbour authority shall, unless the context otherwise requires, be construed as references to the particular company (if any) so established or, as the case may be, to the particular local authority (if any) to which a transfer as aforesaid is made.

(2) References in any enactment or instrument made thereunder to a pilotage authority shall, unless the context otherwise requires, be construed as including references to a company on which the function of organising and ensuring the provision of pilotage services in the pilotage district of a pilotage authority is conferred by section 56 and references in any enactment or instrument made thereunder to a particular pilotage authority shall, unless the context otherwise requires, be construed as references to the particular company (if any) on which the aforesaid function in relation to the pilotage district of that pilotage authority is so conferred.

(3) References in any enactment or instrument made thereunder to the Minister for the Marine shall, in so far as the references relate to a matter to which a function of Dún Laoghaire Harbour Company relates and unless the context otherwise requires, be construed as references to that company.

84 Proof of bye-laws.

84.—A document which purports to be a copy of bye-laws made under section 42 or 71, and which has endorsed thereon a certificate (purporting to be signed by an officer of the company by which such bye-laws were made) stating that the document is a true copy of the bye-laws and that the bye-laws were in force on a specified date, shall, without proof of the signature of such officer or that he or she was in fact such officer, be evidence (until the contrary is proved) in every court and in all legal proceedings of the bye-laws and of the fact that they were in force on that date.

85 Service of notices.

85.—(1) Where a notice, direction or other document is authorised or required by this Act or an instrument made thereunder to be served on or given to a person, it shall, unless otherwise specified in this Act or the instrument, be addressed to him or her and shall be served on or given to him or her in one of the following ways—

(a) by addressing it to the person by name and delivering it to him or her;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; or

(c) by sending it by ordinary prepaid post addressed to the person at the address at which he or she ordinarily resides, or in a case in which an address for service has been furnished, at that address.

(2) For the purposes of this section, a company registered under the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

86 Amendment of Fishery Harbour Centres Act, 1968.

86.—(1) In this section “the Act of 1968” means the Fishery Harbour Centres Act, 1968.

(2) (a) The Schedule to the Act of 1968 is hereby amended by the addition thereto of “Dingle.”.

(b) If the Minister makes an order under section 2 (1) of the Act of 1968 in relation to Dingle Harbour and all the property, rights and liabilities of the Dingle Harbour Commissioners are transferred to the Minister by the order, the Dingle Harbour Commissioners shall, on the commencement of the order, stand dissolved.

87 Power to establish companies in respect of harbours not mentioned in First Schedule.

87.—(1) The Minister may by order provide for the formation and registration under the Companies Acts of a private company in respect of the harbour of each harbour authority mentioned in the Table to this section and for the application to a company aforesaid, subject to such adaptations and modifications as the Minister may consider necessary or expedient and specifies in the order, of so much of the provisions of this Act that, in his or her opinion, it is appropriate to apply to the company.

(2) An order under this section may relate to all or one or more of the said harbours.

TABLE

Annagassan Pier Commissioners

Bantry Bay Harbour Commissioners

Ballyshannon Harbour Commissioners

Baltimore and Skibbereen Harbour Commissioners

Buncrana Harbour Commissioners

The Council of the urban district of Kilrush

Kinsale Harbour Commissioners

River Moy Commissioners

Sligo Harbour Commissioners

Tralee and Fenit Pier and Harbour Commissioners

Westport Port and Harbour Commissioners

Wexford Harbour Commissioners

The Council of the urban district of Youghal

88 Provisions with respect to transfer of certain harbours to local authorities.

88.—(1) In this section—

“council” means the council of a county;

“Dublin Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

“Dun Laoghaire-Rathdown County Council” and “Fingal County Council” have the same meaning as they have in the Local Government (Dublin) Act, 1993;

“harbour authority”, where the context admits, includes Dublin Port Company;

“property”, where the context admits, includes a harbour and the quay walls and bridges mentioned in subsection (6);

“the relevant local authority” means the local authority to which an order under subsection (2) or, as the case may be, subsection (4), (5) or (6), provides that property, rights and liabilities and, in the case of an order under subsection (2), members of staff, of a harbour authority specified in the order or in subsection (4), (5) or (6), as the case may be, shall be transferred and “relevant harbour authority” means the harbour authority so specified.

(2) (a) The Minister may, in lieu of making an order under section 87 in respect of the harbour of a harbour authority mentioned in the Table to that section, with the consent of the Minister for the Environment, by order transfer all the property, rights and liabilities of such a harbour authority and every member of their staff to whichever of the following the Minister considers appropriate, namely—

(i) the council in whose functional area the harbour of the harbour authority is situate, or

(ii) any other local authority in whose functional area the said harbour is situate.