PILOTAGE ORDERS CONFIRMATION ACT, 1924

AN ACT TO CONFIRM THE NEW ROSS PILOTAGE ORDER, 1924, AND THE SLIGO PILOTAGE ORDER, 1924.

[30th July, 1924.]

WHEREAS the Pilotage Orders set out in the Schedule to this Act have been duly made by the Minister for Industry and Commerce in exercise of the powers in that behalf vested in him by virtue of the Pilotage Act, 1913:

AND WHEREAS under the provisions of the said Act the said Orders do not take effect unless and until confirmed by the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Confirmation of Orders in Schedule.

1.—The New Ross Pilotage Order, 1924, and the Sligo Pilotage Order, 1924, respectively set out in the Schedule to this Act and duly made by the Minister for Industry and Commerce in exercise of the powers in that behalf vested in him by virtue of the Pilotage Act, 1913, are hereby confirmed, and it is hereby declared that the several provisions of the said Orders respectively shall have full force and effect.

2 Short title.

2.—This Act may be cited as the Pilotage Orders Confirmation Act, 1924.

SCHEDULE

NEW ROSS PILOTAGE ORDER.

Pilotage District.

1.—The limits of the New Ross Pilotage District (hereinafter referred to as “the Pilotage District”) shall be the waters of the River Barrow from the junction of that river with the River Suir as high as the entrance to the canal at St. Mullins and of the River Nore as high as the Lock Quay at Inistioge.

Pilotage Authority.

2.—The Pilotage Authority for the Pilotage District (hereinafter referred to as “the Authority”) shall be the New Ross Harbour Commissioners as constituted by the New Ross Port and Harbour Amendment Act, 1861.

Pilotage to be compulsory.

3.—Pilotage shall be compulsory within the Pilotage District.

Pilotage Committee.

4.—(1) The Authority may appoint a Pilotage Committee (hereinafter referred to as "the Committee") of the Authority consisting of not more than five members subject to the provisions of sub-section (2) of this section who shall be appointed by the Authority and of whom one shall be nominated as Chairman.

• (2) If at any time a majority of the pilots licensed for the Pilotage District (hereinafter referred to as “licensed pilots”) desire direct representation on the Committee they shall signify the fact in writing to the Authority and the Authority shall if there are not less than and may if there are less than six licensed pilots appoint as an additional member of the Committee a person who is or has been a licensed pilot who shall be elected in manner as may be agreed between the licensed pilots and the Authority or in default of agreement as may be prescribed by the Minister for Industry and Commerce provided that if licensed pilots are represented on the Committee and if none of the members appointed under sub-section (1) of this section is a shipowner or a person interested in shipping the Authority shall appoint such a person as a further additional member of the Committee.

Powers of Committee.

5.—(1) The Authority may delegate to the Committee any of their powers or duties under the Pilotage Act, 1913. The decisions of the Committee on questions so delegated shall not require confirmation by the Authority but the Committee shall report their proceedings to the Authority.

• (2) No member of the Committee shall take part in any proceedings relating to any question affecting himself personally.

• (3) No act or proceeding of the Committee shall be invalid on account of any vacancy in their body or on account of the appointment or election of any member having been defective.

Period of office.

6.—(1) The members of the Committee shall hold office for a period of one year but a member may be re-appointed or re-elected at the expiration of his term of office.

• (2) In the event of a vacancy arising amongst the Committee otherwise than by effluxion of time it shall be filled as soon as may be thereafter in the manner prescribed in Section 4 but a member of the Committee so appointed or elected shall hold office only until the next annual appointment or election.

Separate accounts to be kept.

7.—Separate accounts shall be kept by the Authority of all moneys, received and expended by them in their capacity as Pilotage Authority.

The Authority authorised to contribute to expenditure and to benefit fund.

8.—The Authority may out of the moneys coming into their hands as Harbour Authority under the New Ross Port and Harbour Amendment Act, 1861, without prejudice to any other of their powers pay the whole or any part of the Administrative expenses incurred by them as Pilotage Authority and may also contribute towards any Pilots' Benefit Fund established in the Pilotage District such sums not exceeding £150 in any year as they think fit.

Repeal.

9.—Sections 59 to 65 and Schedule "D" of the New Ross Port and Harbour Amendment Act, 1861, and any other enactment or Order relating to Pilotage in the Pilotage District shall cease to have effect and shall for the purposes of Section 59 of the Pilotage Act, 1913, be deemed to be superseded.

Date of commencement.

10.—This Order shall come into force on the day when the Act confirming this Order is passed.

Short title.

11.—This Order may be cited as the New Ross Pilotage Order, 1924.

SLIGO PILOTAGE ORDER.

Pilotage District.

1.—The limits of the Sligo Pilotage District (hereinafter referred to as “the Pilotage District”) shall be the waters of the River Garavogue below the Victoria Bridge at Sligo, and so much of the sea as lies within an imaginary line drawn true south from Wheat Rock until it intersects an imaginary line drawn true west from Black Rock Lighthouse.

Pilotage Authority.

2.—The Pilotage Authority for the Pilotage District (hereinafter referred to as “the Authority”) shall be the Sligo Harbour Commissioners as constituted by the Sligo Harbour Act, 1877.

Pilotage to be compulsory.

3.—Pilotage shall be compulsory within the Pilotage District.

Pilotage Committee.

4.—The Authority shall appoint a Pilotage Committee (hereinafter referred to as “the Committee”) of the Authority consisting of not more than nine members appointed and elected as follows:—

• (a) not more than seven members appointed by the Authority from among their own members of whom one shall be nominated by the Authority as Chairman and of whom two shall be shipowners provided that the Authority may if they think fit appoint from among persons who are not members of the Authority one or both of the members of the Committee who are to be shipowners, but in the event of such appointment the number of members of the Committee who are also members of the Authority shall be correspondingly reduced. For the purpose of this section “shipowner” shall mean a person who is owner of a ship in respect of which pilotage dues or contributions are paid in the Pilotage District or bona fide manager, managing owner or managing director of a shipping company whose registered office is situated in Sligo or a person who represents a shipping company whose ships trade regularly to and from the Port of Sligo or a person interested in shipping;

• (b) two members elected by the pilots licensed for the Pilotage District (hereinafter referred to as "licensed pilots") in manner as may be agreed between the licensed pilots and the Authority or, in default of agreement, as may be prescribed by the Minister for Industry and Commerce from among persons who are or have been licensed pilots and who have not been dismissed or suspended from the service. One of such members shall be elected by such of the licensed pilots as pilot ships inwards as far as Pool Doi and the other by such of the licensed pilots as pilot ships inwards from Pool Doi to Sligo.

Powers of Committee.

5.—The Authority may delegate to the Committee any of their powers or duties under the Pilotage Act, 1913. The decisions of the Committee on questions so delegated shall not require confirmation by the Authority but the Committee shall report their proceedings to the Authority.

Proceedings of Committee.

6.—(1) The Chairman if present shall preside at every meeting of the Committee. If the Chairman is absent at any meeting such other member as a majority of the members then present choose shall preside.

• (2) Every question at a meeting of the Committee shall be decided by a majority of votes of the members of the Committee present and voting on that question, and in the case of equality of votes the person presiding at the meeting shall have a second or casting vote.

• (3) The quorum of the Committee shall be five.

• (4) No member of the Committee shall take part in any proceedings of the Committee relating to any question affecting himself personally.

• (5) Subject to the provisions of this Order the Committee may regulate their own procedure.

• (6) No act or proceeding of the Committee shall be invalid on account of any vacancy in their body or on account of the appointment or election of any member having been defective.

Period of office.

7.—(1) Members of the Committee shall hold office for a period of one year but a member may be re-appointed or re-elected at the expiration of his term of office.

• (2) In the event of a vacancy arising among the appointed or elected members of the Committee otherwise than by effluxion of time the vacancy shall be filled as soon as may be thereafter in the manner prescribed in Section 4 of this Order but a member of the Committee so appointed or elected shall hold office only until the next annual appointment or election.

Separate accounts to be kept.

8.—Separate accounts shall be kept by the Authority of all moneys received and expended by them in their capacity as Pilotage Authority.

Repeal of enactments.

9.—Sections eighty-six to ninety-five, ninety-eight to one hundred and one and one hundred and six of the Sligo Harbour Act, 1877, and any other enactment or order relating to pilotage in the Pilotage District shall cease to have effect and shall for the purposes of Section fifty-nine of the Pilotage Act, 1913, be deemed to be superseded, provided that all provisions in force in the Pilotage District at the commencement of this Order which will after such commencement be capable of being dealt with by bye-law under the provisions of the Pilotage Act, 1913, shall notwithstanding such repeal as aforesaid remain in full force until the matters dealt with thereby shall be provided for by bye-laws made under the Pilotage Act, 1913.

Date of commencement.

10.—This Order shall come into force on the day when the Act confirming this Order is passed.

Short title.

11.—This Order may be cited as the Sligo Pilotage Order, 1924.

• Not applicable in the case of creameries to which milk is not supplied.

• Not applicable in the case of creameries to which milk is not supplied.

† Not applicable in the case of cream-separating stations.