Pilotage Act 1983

15 Power of pilotage authorities to make byelaws

(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 ;

(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;

(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 ;

(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 ;

(e) provide for the punishment of any breach of any bye laws made by the authority for the good government of pilots or apprentices by the imposition of fines not exceeding—

(i) in England and Wales and in Scotland, £20 ;

(ii) in Northern Ireland, £50. Such fines to be recoverable as fines are recoverable under the Merchant Shipping Acts 1894 to 1981;

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

(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 charges earned by the licensed pilots or by any class of pilots in the district;

(h) provide for a deduction to be 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);

(i) 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 ;

(j) 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;

(k) prohibit the grant of pilotage certificates to masters or first mates who do not hold at least such certificate issued under the [1970 c. 36.] Merchant Shipping Act 1970 as may be specified in the byelaws ;

(l) 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 ;

(m) 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 ;

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

(o) fix the fees payable on the examination for a pilot's licence, or for a pilotage certificate, and on the grant, renewal, or alteration of any such licence or certificate ;

(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 ; but the contribution so required from an owner shall not exceed such proportion of the pilotage charges 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 Secretary of State;

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

(2) Nothing in paragraph (e) of subsection (1) above prejudices the powers of a pilotage authority under this Act to revoke or suspend a licence in the case of any breach of any byelaw made by the authority.

(3) A byelaw shall not take effect unless it has been submitted to the Secretary of State and confirmed by him with or without modifications.

(4) 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 Secretary of State directs.

(5) A byelaw may make different provision for different circumstances.