PILOTAGE ORDER CONFIRMATION ACT, 1927

AN ACT TO CONFIRM THE WATERFORD PILOTAGE ORDER, 1926. [16th April, 1927.]

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 confirmed by the Oireachtas:

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

1 Confirmation of Order in Schedule.

1.—The Waterford Pilotage Order, 1926 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, 1927.

SCHEDULE. WATERFORD PILOTAGE ORDER.

Pilotage District.

1.—The limits of the Waterford Pilotage District (hereinafter referred to as “the Pilotage District”) shall be the waters of the sea and the River Suir within an imaginary are with radius of 4 miles drawn seaward from a point midway between Falskirt Rock and Hook Point and an imaginary line drawn directly across the River Suir at Cranny Castle.

Pilotage Authority.

2.—The Pilotage Authority for the Pilotage District (hereinafter referred to as “the Authority”) shall be the Commissioners for improving the Port and Harbour of Waterford as constituted under the Act 9 and 10 Vict. cap. 292.

Pilotage to be compulsory.

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

Pilotage Committee.

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

• (a) 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 or other persons having practical experience of shipping or nautical affairs.

• (b) Two 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 and who have not been dismissed or suspended from the service. One of such members shall be elected by the group of licensed pilots engaged on the Waterford Station and the other by the group of licensed pilots engaged on the Dunmore and Passage East Stations.

• (2) The members of the Committee shall be appointed and elected respectively at the times and in 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 matters 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 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.—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.

Retiring members eligible for re-appointment or re-election.

8.—Members of the Committee going out of office may be re-appointed or re-elected respectively.

Power to provide or arrange for supply of pilot boats.

9.—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.

Apportionment of moneys received in the name of Pilotage.

10.—Any moneys received by the Pilotage Authority in the name of pilotage shall be, and they are hereby apportioned as between the pilot fund or account and the purposes of any payment made pursuant to section 16 of the Waterford and New Ross Harbour Act, 1874 by the Commissioners for improving the Port and Harbour of Waterford, other than a payment to a licensed pilot who shall have been superannuated or temporarily disabled by sickness or the widow and family of such pilot after his decease or to the widow and family of such pilot who shall have been drowned lost or disabled in the discharge of his duty, so that the Pilotage Authority may pay out of the moneys received by them in the name of pilotage as a contribution to the purposes aforesaid such sum as may on the occasion of any such payment be fixed by the Pilotage Authority with the approval of the Minister for Industry and Commerce.

Separate accounts to be kept.

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

Repeal.

12.—Sections 80 to 86 inclusive, sections 88 to 94 inclusive and section 106 (so far as it enables the Commissioners to make bye-laws for governing and regulating the duties of pilot master, deputy pilot masters, and pilots, and rates of pilotage) of the Act 9 and 10 Vict., cap. 292: sections 12, 13, 14, 16 (in so far as it provides for the payment of a sum of money to a licensed pilot who shall have been superannuated or temporarily disabled by sickness or to the widow or family of a licensed pilot) and section 18 of the Act 37 and 38 Vict., cap. 116, and Schedule (B) to that Act 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: Provided that all the 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 matter dealt with thereby shall be provided for by bye-laws made under the Pilotage Act, 1913.

Date of commencement of Order.

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

Short title.

14.—This Order may be cited as the Waterford Pilotage Order, 1926.

The SCHEDULE referred to in the foregoing Order.

With respect to the appointment and election of members 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 chosen as soon as may be after the passing of the Act confirming this Order and thereafter in the month of November in the year 1927 and in each succeeding year.

2.—(1) The members to be elected by the licensed pilots (hereinafter referred to as the “pilot members”) shall be elected as soon as may be after the passing of the Act confirming this Order at separate meetings of the licensed pilots engaged on the Waterford Station and the licensed pilots engaged on the Dunmore and Passage East Stations respectively, and thereafter in the month of November in the year 1927 and in each succeeding year on a day and at a place to be fixed by the Authority (or failing them on any day in any month and at any place fixed by the Minister for Industry and Commerce) and advertised ten days at least before the day appointed for each such meeting in one or more of the newspapers published and circulating in the County of Waterford.

• (2) The Chairman of the Authority for the time being or a person nominated by him shall be the Chairman of each such meeting and the Returning Officer and shall preside at and regulate the proceedings at such meetings.

• (3) Every licensed pilot shall be entitled to attend or to be represented at the meeting of the group of pilots to which he belongs as in this Order defined and to take part and vote in each election thereat of a pilot member to represent such group, but this provision is not to authorise attendance to the prejudice of the pilot service.

• (4) Candidates for the office of pilot member shall at each such meeting be nominated and seconded by licensed pilots and if only one person is nominated he shall be deemed to be duly elected, but if more than one person is nominated the election shall be decided by the majority of the licensed pilots present or represented at the meeting.

• (5) Any licensed pilot not present at any election may by writing under his hand appoint any licensed pilot of the same group as proxy to represent him provided that all instruments in writing appointing such proxy shall be lodged with the Secretary to the Authority not later than the day preceding the day of the meeting.

• (6) A licensed pilot present or represented at any election shall be entitled to vote for one candidate only.

• (7) In the event of two or more candidates at any election having the same number of votes the Chairman of the meeting shall have a casting vote.

• (8) The Chairman of the respective meetings shall as soon as may be after the election certify in writing to the Authority the names of the persons elected to be pilot members and such persons shall thereupon become members of the Committee.

• (9) In case there is a failure to elect a pilot member at the first or any subsequent election the Minister for Industry and Commerce may appoint any licensed pilot of the group in respect of which the failure shall have arisen to fill the vacancy and such person shall hold office as though he had been elected under the provisions of sub-sections (1) to (7) of this section.

• (10) The costs, charges and expenses of and preliminary and incidental to the election of pilot members shall be paid by the Authority.

3.—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 respectively, but any person so appointed or elected shall hold office only until the next annual appointment or election.