(1)Subject to subsection (3) below, a competent harbour authority which has given a pilotage direction shall, on application by any person who is bona fide [F1a deck officer] of any ship, grant a certificate (in this Act referred to as a “pilotage exemption certificate”) to him if it is satisfied (by examination or by reference to such other requirements as it may reasonably impose)—
(a)that his skill, experience and local knowledge are sufficient for him to be capable of piloting the ship of which he is [F2a deck officer] (or that and any other ships specified in the certificate) within its harbour or such part of its harbour as may be so specified; and
(b)in any case where it appears to the authority to be necessary in the interests of safety, that his knowledge of English is sufficient for that purpose.
(2)The requirements imposed under subsection (1) above—
(a)must not be unduly onerous having regard to the difficulties and danger of navigation in the harbour in question; and
(b)must not be more onerous than those required to be met by a person (other than a person who immediately before the appointed day was the holder of a licence under section 12 of the Pilotage Act 1983 or a time-expired apprentice pilot or recognised assistant pilot within the meaning of section 3 above) applying to the authority for authorisation under section 3 above.
(3)If the Secretary of State is satisfied, on application by a competent harbour authority, that it is appropriate to do so by reason of the unusual hazards involved in shipping movements within its harbour, he may direct that during such period (not exceeding three years) as he may specify, notwithstanding that the authority is satisfied as mentioned in subsection (1) above, it may refuse to grant pilotage exemption certificates under that subsection.
(4)Where a direction is given in respect of a competent harbour authority under subsection (3) above any pilotage exemption certificate granted by the authority shall cease to have effect and the authority shall notify the holders of such certificates of that fact.
(5)A pilotage exemption certificate shall not remain in force for more than one year from the date on which it is granted, but—
(a)if the holder continues to be [F3a deck officer of a ship], may be renewed annually by the competent harbour authority on application by the holder if the authority continues to besatisfied as mentioned in subsection (1) above; and
(b)on the application of the holder may be altered so as to refer to different ships from those to which it previously referred if the authority is so satisfied as respects those ships.
F4(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Before refusing an application by any person under this section for the grant, renewal or alteration of a certificate F5... a competent harbour authority shall give him written notice of its intention to do so, stating the reasons for which it proposes to act, and shall give him a reasonable opportunity of making representations.
(8)A competent harbour authority may charge such fees in respect of any examination required to be taken for the purposes of this section or the grant, renewal or alteration of any pilotage exemption certificate as the authority considers reasonable for the purposes of meeting its administrative costs in connection therewith.
Textual Amendments
F1Words in s. 8(1) substituted (1.10.2013) by Marine Navigation Act 2013 (c. 23), ss. 2(1)(a), 13; S.S.I. 2013/254, art. 2; S.I. 2013/1489, art. 3
F2Words in s. 8(1)(a) substituted (1.10.2013) by Marine Navigation Act 2013 (c. 23), ss. 2(1)(b), 13; S.S.I. 2013/254, art. 2; S.I. 2013/1489, art. 3
F3Words in s. 8(5)(a) substituted (1.10.2013) by Marine Navigation Act 2013 (c. 23), ss. 2(2), 13; S.S.I. 2013/254, art. 2; S.I. 2013/1489, art. 3
F4S. 8(6) omitted (1.10.2013) by virtue of Marine Navigation Act 2013 (c. 23), ss. 3(2)(a), 13; S.S.I. 2013/254, art. 2; S.I. 2013/1489, art. 3
F5Words in s. 8(7) omitted (1.10.2013) by virtue of Marine Navigation Act 2013 (c. 23), ss. 3(2)(b), 13; S.S.I. 2013/254, art. 2; S.I. 2013/1489, art. 3
Modifications etc. (not altering text)
C1S. 8(3): transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(f)(ii), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)