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Pilotage Act 1983

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16Power of Secretary of State as respects byelaws

(1)If at any port either—

(a)a majority of the licensed pilots belonging to the port; or

(b)not less than 6 persons, being masters, owners, or insurers of vessels using the port; or

(c)a dock or harbour authority not being the pilotage authority; or

(d)the Commission;

object to any byelaw in force at the port, or desire that any byelaw should be in force at the port which is not in force therein, they may make a representation to the Secretary of State to that effect.

(2)If (after he has given the pilotage authority concerned and, if he thinks fit, any other persons an opportunity to make representations on the subject) the representation appears to the Secretary of State reasonable, he may by order—

(a)revoke, vary or add to any byelaw to which the representation objects, or

(b)require the pilotage authority concerned to submit to him for confirmation a byelaw for the purpose of giving effect to the representation.

(3)Any byelaw revoked by any such order shall cease to have effect, and any byelaw to which additions are made or which is varied or added to, shall have effect with the variations or additions made by the order.

(4)If a pilotage authority fail to submit to the Secretary of State for confirmation a byelaw in accordance with an order made under this section, the Secretary of State may treat the byelaw which he has required the pilotage authority to submit to him as a byelaw submitted to him by the authority, and confirm it accordingly, and the byelaw so confirmed shall have effect as if it had been made and confirmed in accordance with this Act.

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