PILOTAGE ACT 1913 - SECT 17 Power of pilotage authorities to make byelaws.

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PILOTAGE ACT 1913 - SECT 17

Power of pilotage authorities to make byelaws.

17.(1) A pilotage authority may by byelaws made under this Act

(a)determine the qualification in respect of age, physical fitness, time of
service, local knowledge, skill, character, and otherwise to be required from
persons applying to be licensed by them as pilots, provide for the examination
of such persons, and fix the term for which a licence is to be in force, and
the conditions under which a licence may be renewed; and

(b)fix the limit (if any) on the number of pilots to be licensed, and provide
for the method in which and the conditions under which the list of pilots is
to be filled up; and

(c)provide generally for the good government of pilots licensed by the
authority, and of apprentices, and in particular for ensuring their good
conduct and constant attendance to and effectual performance of their duties,
whether at sea or on shore; and

(d)determine the system to be adopted with respect to the supply and
employment of pilots, and provide, so far as necessary, for the approval,
licensing, and working of pilot boats in the district, and for the
establishment and regulation of pilot boat companies; and

(e)provide for the punishment of any breach of any byelaws made by them for
the good government of pilots or apprentices by the infliction of fines not
exceeding [fifty pounds] (to be recoverable as fines are recoverable under the
Merchant Shipping Acts, 1894 to 1907), without prejudice to their powers under
this Act to revoke or suspend the licence in the case of any such breach of
byelaw; and

(f)... provide for the [collection (either before or after the performance of
services to which they relate) and for the] distribution of pilotage dues; and

(g)if and so far as it appears to the authority to be generally desired by the
pilots concerned, provide for the pooling of pilotage dues earned by the
licensed pilots or by any class of pilots in the district; and

(h)provide for a deduction being made from any sums received by pilots of any
... contributions required for any fund established for the payment of
pensions or other benefits to pilots, their widows or children (in this Act
referred to as a pilots' benefit fund); and

Para.(i) rep. by 1979 c.39 s.50(4) sch.7 Pt.II

(j)establish, either alone or in conjunction with any other pilotage
authority, pilots' benefit funds, and provide for the direct payment to any
such fund of any contributions by pilots towards the fund, or of any part of
the ordinary receipts of the pilotage authority, and also for the
administration of any such fund and for the conditions of participation in any
such fund; and

(k)provide for the method of conducting the examination of masters and [first]
mates applying for pilotage certificates so as to maintain a proper standard
of efficiency; and

(l)prohibit the grant of pilotage certificates to masters or mates who do not
hold at least [a mate's certificate of competency recognised under Part II of
the Merchant Shipping Act, 1894] [such certificate issued under the Merchant
Shipping Act 1970 as may be specified in the byelaws]; and

<(m)provide that a pilotage certificate shall not be renewed without re-examination unless the master or [first] mate has made not less than a specified number of visits to the port as master or [first] mate of any ship in respect of which the certificate is granted; and


(n)if the pilotage authority are an authority authorised to grant deep sea
certificates by virtue of a Pilotage Order made with reference to that
authority, provide for the grant of deep sea certificates; and

(o)apply any byelaws made under this section for the good government of pilots
and the punishment of any breach of any such byelaw, with any necessary
modifications, to masters and mates holding pilotage certificates; and

(p)require the owners of ships, whose masters or [first] mates hold pilotage
certificates, to contribute towards the pilot fund or account of the pilotage
district, and require the holders of such certificates to make a periodical
return to them of the pilotage services rendered by them; provided that the
contribution so required from an owner shall not exceed such proportion of the
pilotage dues which would have been payable in respect of the ship if the
master or [first] mate had not held a pilotage certificate, as may be fixed by
the Board of Trade; and

(q)provide for any matter for which provision is to be made or may be made
under this Act by byelaw.

(2) A byelaw shall not take effect unless it has been submitted to the Board
of Trade and confirmed by them with or without modifications.

(3) Notice of any byelaw proposed to be submitted for confirmation under this
section shall, before it is so submitted, be published in such manner as the
Board of Trade direct.

[(4) A byelaw may make different provision for different circumstances.]

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Northern Irish Legislation

PILOTAGE ACT 1913 - SECT 17