(Private) PILOTAGE ORDER CONFIRMATION ACT, 1925

AN ACT TO CONFIRM THE DUBLIN PILOTAGE ORDER, 1925.

[20th February, 1926.]

WHEREAS the Pilotage Order set out in the Schedule to this Act has 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 Order does not take effect unless and until confirm by the Oireachtas:

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

1 Confirmation of Order in Schedule.

1.—The Dublin Pilotage Order, 1925, 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, is hereby confirmed, and it is hereby declared that the several provisions of the said Order shall have full force and effect.

2 Short title.

2.—This Act may be cited as the Pilotage Order Confirmation Act, 1926.

SCHEDULE DUBLIN PILOTAGE ORDER.

Pilotage District

1.—The limits of the Dublin Pilotage District (hereinafter referred to as “the Pilotage District”) shall be the waters of the River Liffey below Barrack Bridge and so much of the sea as is enclosed by an imaginary line drawn from Bray head to the present position of the buoy on the south side of the Kish Bank and thence to the present position of the Kish Lightship and thence to Ireland's Eye including all bays, creeks and harbours and all tidal and closed docks within such area.

Pilotage Authority

2.—The Pilotage Authority for the Pilotage District shall be the Dublin Port and Docks Board as constituted under the Dublin Port and Docks Act, 1898, and amending Acts (hereinafter referred to as “the Authority”).

Pilotage to be compulsory

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

Pilotage Committee

4.—(1) There shall be established a Pilotage Committee (hereinafter referred to as (“the Committee”) of the Authority consisting of members appointed and elected as follows:—

• (a) Six members appointed by the Authority from among their own members of whom one shall be nominated as Chairman, and of whom four shall be shipping members of the Authority. Two of such shipping members whenever available, shall be representative of the Overseas Trade and two of them shall be representative of the Cross-Channel Trade.

• (b) Two members (hereinafter referred to as “Pilot-members”) elected in manner hereinafter provided by the Pilots licensed for the Pilotage District (hereinafter referred to as “licensed pilots”) from among persons who either are or have been licensed pilots.

• (2) The members of the Committee shall be appointed and elected respectively at the times and in the manner in the Schedule hereto provided.

• (3) The persons who are at the commencement of this Order members of the existing Pilotage Committee of the Authority shall until the Committee are constituted under the provisions of this Order be the Committee as though they had been appointed or elected thereunder.

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 except so far as they involve financial consideration 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 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 four.

• (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.—Members of the Committee shall hold office from the date of their appointment or election respectively until such time as their successors may be appointed or elected respectively but shall be eligible for re-appointment or re-election respectively.

Power to provide or arrange for supply of pilot boats

8.—(1) The Authority may from time to time if they think fit purchase, hire, or build and equip, maintain and work or enter into agreements or arrangements with any person for the supply, use, maintenance and working of such boats or vessels as in the opinion of the Authority may be required for the efficient working of the Pilotage service.

• (2) For this purpose the Authority may borrow at interest on the security of the rates for the time being belonging to them any sum or sums which they may require but all moneys so borrowed shall be applied for such purpose and not otherwise.

Separate accounts to be kept

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

Repeal

10.—Sections 20 to 39 and the Third Schedule to the Dublin Port and Docks Act, 1869, Section 38 and the Fourth Schedule to the Dublin Fort and Docks Act, 1902, 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

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

Short title

12.—This Order may be cited as the Dublin Pilotage Order, 1925.

The SCHEDULE referred to in the foregoing Order.

With respect to the appointment and election of the Committee the following provisions shall have effect, that is to say:—

1.—The persons to be appointed by the Authority as members of the Committee shall be appointed as soon as may be after the passing of the Act confirming this Order and thereafter in the month of February in the year 1926 and in each succeeding year.

2.—(1) The Pilot-members shall be elected as soon as may be after the passing of the Act confirming this Order and thereafter in the month of February in the year 1926 and in each succeeding year.

• (2) For the purpose of electing the Pilot-members the Secretary to the Authority shall send out by registered letter to all the licensed Pilots a circular announcing an election and enclosing a list of persons qualified under this Order to be Pilot-members, a voting card, and a stamped envelope addressed to himself in which the card when filled in is to be returned within twenty-one days of the issue of the circular.

• (3) Every licensed pilot shall be entitled to vote for two persons whose names are on the said list but shall not give more than one vote for any one person.

• (4) At the expiration of twenty-one days from the issue of the said circular the said Secretary shall examine the voting cards returned to him and shall prepare a list in order of the two persons who have received the greatest number of votes (any uncertainty by reason of two or more persons having received an equal number of votes being decided in favour of the licensed pilot or pilots having the longest service) and such persons shall thereupon be the Pilot-members. This list shall be posted up in the Pilots' Office.

3.—The costs, charges and expenses of and preliminary and incidental to the election of Pilot-members shall be paid by the Authority out of the Pilot Fund.

4.—In the event of any vacancy among the appointed or elected members of the Committee arising otherwise than by effluxion of time the vacancy shall be filled as soon as may be thereafter in the manner prescribed for the annual appointment or election, but any person so appointed or elected shall hold office only until the next annual appointment or election.