PILOTAGE ACT 1913 - SECT 28 Appeal by pilot against action of pilotage authority in suspending, &c., pilot's licence.

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PILOTAGE ACT 1913 - SECT 28

Appeal by pilot against action of pilotage authority in suspending, &c., pilot's licence.

28.(1) If a pilot is aggrieved by the suspension or revocation by the pilotage
authority of his licence, or by the refusal or failure of the pilotage
authority to renew his licence, or by the refusal or failure of the pilotage
authority who have obtained possession of his licence to return it to him, or
by the imposition upon him by the pilotage authority of a fine exceeding two
pounds, he may either appeal to a judge of county courts having jurisdiction
within the port for which the pilot is licensed, or to a ...
stipendiary magistrate having jurisdiction within that port.

(2) For the purpose of hearing the appeal, the judge or magistrate shall sit
with an assessor of nautical and pilotage experience selected and summoned by
the judge or magistrate.

(3) Objection may be taken to any person proposed to be summoned as an
assessor, either personally or in respect of his qualification, and by either
party to the appeal.

(4) The judge or magistrate may confirm or reverse the suspension or
revocation of the licence, or make such order in the case as may seem just,
and his decision shall be final, unless special leave to appeal from the same
to the High Court on a question of law or a question of mixed law and fact is
given by the judge or magistrate, or by the High Court, and in such case the
decision of the High Court shall be final.

(5) The costs incurred by a pilotage authority under this section shall be
payable out of any fund applicable to the general expenses of the pilotage
authority.

(8) In the application of this section to Ireland

(a)The expression "judge of county courts" and "judge" shall respectively mean
a county court judge and chairman of quarter sessions, and include recorder;

(b)The expressions "stipendiary magistrate" and "magistrate" shall
respectively mean a magistrate appointed under the
Constabulary (Ireland) Act, 1836;

Para.(c) rep. by 1959 c.25 (NI) s.154(3) sch.5

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Northern Irish Legislation

PILOTAGE ACT 1913 - SECT 28