(1)The Secretary of State shall make a scheme or schemes (“pilots’ compensation schemes”) under which payments are to be made for the purpose of compensating pilots for any loss of employment which may be suffered by them in consequence of the reorganisation of pilotage services under this Act.
(2)Subject to subsection (4) below, a pilots’ compensation scheme shall require a competent harbour authority to make payments to or for the benefit of those persons—
(a)who immediately before the appointed day were licensed as pilots under section 12 of the Pilotage Act 1983 for the pilotage district in which its harbour is situated but were not then employed under a contract of employment by the pilotage authority for that district or any committee appointed by the authority under section 9(1)(e) of the Pilotage Act 1983;
(b)who either have no arrangements offered to them (whether by way of employment under a contract of employment or otherwise) for the provision of their services as authorised pilots after the appointed day or have such arrangements made with them which are terminated by the other party within such period as may be specified in the scheme;
(c) who are not at the relevant time holders of deep sea pilotage certificates; and
(d)who satisfy such further conditions as to eligibility as may be so specified;
and where there is more than one such authority in any former pilotage district, the payments to be made by each authority shall be determined by the Pilotage Commission.
(3)For the purposes of paragraph (c) of subsection (2) above—
“the relevant time” means—
(a)in the case of a person who has no such arrangements as mentioned in paragraph (b) of that subsection offered to him, immediately before the appointed day; and
(b)in the case of a person who has such arrangements made with him which are terminated as there mentioned, immediately before the termination of those arrangements; and
“deep sea pilotage certificate” means a certificate granted by virtue of section 9(1)(j) of the M1Pilotage Act 1983 or under section 23 above.
(4)In a case where such arrangements as mentioned in paragraph (b) of subsection (2) above are made for the provision of the services of any person in the harbour of a competent harbour authority other than the authority mentioned in that subsection, a pilots’ compensation scheme shall require the payments in respect of that person to be made by that other authority.
(5)A pilots’ compensation scheme may contain such provision as the Secretary of State may determine as to—
(a)the terms and conditions on which and the times at which payments are to be made; and
(b)the circumstances in which payments may be recovered from the persons to whom they are made.
(6)A pilots’ compensation scheme may include provision enabling a competent harbour authority to require the whole or part of any existing fund constituted for the purpose of making payment by way of compensation for loss of employment to pilots working in its harbour (whether vested in any person absolutely or as a trustee) to be applied towards any payments required to be made by the authority under the scheme.
(7)A pilots’ compensation scheme may extend to one or more areas and different provision may be made in respect of different areas.
(8)The Secretary of State may arrange for the Pilotage Commission to administer any pilots’ compensation scheme and any dispute arising as to the entitlement of any person to a payment under a pilots’ compensation scheme shall be determined by the Commission.
(9)After the abolition of the Pilotage Commission its functions under this section may be exercised by such other person or persons as the Secretary of State may appoint after consultation with such persons as he considers are representative of the persons in the United Kingdom principally interested in pilotage.
(10)A pilots’ compensation scheme may be varied or revoked by a subsequent such scheme.
Marginal Citations