Harbours Act 2015

36. Pilotage district of Dundalk Harbour

36. (1) A pilotage district, the limits of which are specified in subsection (2) and which shall be known as, and is in this section referred to as, the pilotage district of Dundalk Harbour, is established.

• (2) The limits of the pilotage district of Dundalk Harbour shall be as set out in section 57 of, and paragraph 16 of Part II of the Third Schedule to, the Act of 1996.

• (3) Subject to an order made under section 35, there is hereby conferred on Dublin Port Company the function of organising and ensuring the provision of pilotage services in the pilotage district of Dundalk Harbour by one of the means specified in section 56(1) of the Act of 1996.

• (4) In Article 5 of the Harbours Acts 1996 to 2009 (Transfer of Functions of Dundalk Port Company) Order 2011 (S.I. No. 361 of 2011) paragraph (1) is deleted.

PART 5 Amendment of Harbours Act 1996

37. Amendment of section 2 of Act of 1996 (interpretation)

37. (1) Section 2(1) of the Act of 1996 is amended by substituting for the definition of “company” the following:

“ ‘company’ means—

• (a) in sections 10, 12A, 15, 17, 18, 22, 23, 27, 28, 29, 30, 32, 35, 36, 40, 41, 44 and the Fifth Schedule, a company referred to in section 7, other than a transferred company,

• (b) in any other provision, a company referred to in section 7, and

• (c) where the context so admits, a new company;”.

• (2) Section 2(1) of the Act of 1996 is amended by substituting for the definition of “harbour” the following:

“ ‘harbour’ (other than in sections 86 to 89 and section 91) means a harbour, functions in respect of which are conferred on a company by or under this Act;”.

• (3) Section 2(1) of the Act of 1996 is amended by inserting after the definition of “local authority” the following:

“ ‘local authority chief executive’ in relation to a transferred company, means the chief executive (within the meaning of section 144 (inserted by section 54 of the Local Government Reform Act 2014) of the Local Government Act 2001) of the local authority in which shares in a company have been vested by an order made under section 8 of the Harbours Act 2015;”.

• (4) Section 2(1) of the Act of 1996 is amended by substituting for the definition of “subsidiary” the following:

“ ‘subsidiary’ means a subsidiary (within the meaning of section 7 of the Companies Act 2014) of the particular company to which the provision or provisions of this Act, or of the Harbours Act 2015, containing that expression falls or fall to be applied (whether or not any such provision falls to be applied to any other company or companies);”.

• (5) Section 2(1) of the Act of 1996 is amended by inserting after the definition of “superannuation benefit” the following:

“ ‘transferred company’ means a company specified in an order made under section 8 of the Harbours Act 2015.”.

38. Amendment of section 17 of Act of 1996 (articles of association)

38. The following is substituted for section 17 of the Act of 1996:

“17. (1) The articles of association of a company shall be in such form consistent with this Act as may be approved of by the Minister with the consent of the Minister for Public Expenditure and Reform.

• (2) The articles of association of a company shall provide that—

  • (a) the company shall consult with any recognised trade union or staff association concerned for the purposes of negotiations in relation to pay and conditions of service of members of its staff,

  • (b) the company shall not establish or acquire a subsidiary without the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform,

  • (c) the aggregate amount standing invested (whether by the purchase of shares or the provision of loans or guarantees of loans) by the company in undertakings (other than subsidiaries) shall not exceed €1,250,000, without the approval of the Minister given with the consent of the Minister for Finance.

• (3)

  • (a) Subject to paragraph (b), a harbour master may attend formal meetings of directors of the company by whom he or she is employed and may, if the directors, in their discretion, permit him or her to do so, take part in the deliberations by those directors of any matter arising at such a meeting.

  • (b) The directors of a company may, where they are of the opinion that the attendance by the harbour master at a particular meeting aforesaid or at a part of such a meeting would not be in the best interests of the proper and orderly conduct by them of business at that meeting or the administration of the company’s affairs generally, require the harbour master not to exercise his or her right to attend that meeting or a specified part of that meeting and the harbour master shall comply with such a requirement.

  • (c) Nothing in this subsection shall be construed as conferring on a harbour master a right to cast a vote in respect of any matter arising at a meeting aforesaid.”.

39. Amendment of section 30 of Act of 1996 (employee, local authority and other directors)

39. (1) The following is substituted for section 30 of the Act of 1996:

“Chairperson and directors of company

30. (1) The board of a company shall consist of not more than 8 directors, one of whom shall be its chairperson.

• (2)

  • (a) The directors of a company (including a chairperson), other than the chief executive and the employee director appointed pursuant to subsection (10)(b), shall be appointed by the Minister with the consent of the Minister for Public Expenditure and Reform.

  • (b) The directors of a company, other than the chief executive, shall be appointed for a period not exceeding 5 years and, subject to subsection (6), shall be eligible for reappointment.

• (3)

  • (a) Prior to a person’s appointment as chairperson under subsection (1), that person shall, at the request of a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas or a subcommittee of such a committee, attend before it and the Committee shall inform the Minister in writing that such an attendance has occurred.

  • (b) Paragraph (a) shall not apply if the period under paragraph (b) of subsection (2) is one year or less.

• (4) There shall be paid to the directors of a company such remuneration (if any) and such allowances for expenses (if any) incurred by them as the Minister, with the consent of the Minister for Public Expenditure and Reform, may from time to time determine.

• (5) Each director of a company shall hold office on such terms (other than terms relating to the payment of remuneration and allowances for expenses) as the Minister determines at the time of his or her appointment.

• (6) A person shall not serve as a director of a company for a period that is longer than 10 years in total.

• (7)

  • (a) In appointing the directors of a company under subsection (2), the Minister shall ensure that—

    • (i) at least one director is a person who has wide experience and competence in relation to maritime transport services,

    • (ii) at least one director is a person who has wide experience and competence in relation to financial matters,

    • (iii) at least one director is a person who has wide experience and competence in relation to legal matters, and

    • (iv) at least one director is a person who has wide experience and competence in relation to trade and commerce.

  • (b) In considering whether to appoint a person to be a director of a company (not being a director to whom the requirements of paragraph (a) apply), the Minister shall have regard to the desirability of there being appointed persons with wide experience and competence in areas such as—

    • (i) infrastructure planning and development,

    • (ii) environmental management and sustainability,

    • (iii) project finance,

    • (iv) commercial property management,

    • (v) public administration.

  • (c) In appointing a director of a company under subsection (2), the Minister shall, in so far as practicable and having regard to the relevant experience and competence detailed in paragraphs (a) and (b), ensure an equitable balance between men and women in the composition of the board of a company.

• (8) In selecting one or more persons to be appointed as a director or directors of a company (not being a director to whom subsection (10)(b) or (c) or section 36 applies), the Minister shall have regard to Government or nationally agreed guidelines which are for the time being extant, or to Government policy, concerning appointments to State boards.

• (9)

  • (a) In this subsection ‘commercial service’ means a commercial service to a company (including any subsidiary) or to the port or ports of such company or to any person in connection with the use of the port or ports of the company.

  • (b) A person shall not be appointed under subsection (2) as a director of a company if such person—

    • (i) is a person on whom a charge was imposed by that company under section 13,

    • (ii) was an employee of a person on whom such a charge was so imposed,

    • (iii) had, in the opinion of the Minister, provided a significant commercial service, or

    • (iv) was an employee of a person who had provided such a service,

    at any time during the 3 years immediately preceding the date when the appointment would take effect.

• (10)

  • (a) (i) An election of an employee director shall only be held by a company under the Fifth Schedule where, in the opinion of the directors of the company, the average number of its employees is expected to exceed 30 in the accounting year of the company that immediately follows the accounting year in which the election is, subject to this subparagraph, due to be held.

    • (ii) For the purposes of this paragraph the average number of persons to be employed by a company in its accounting year following the election shall be estimated—

      • (I) by dividing the relevant annual number by the projected number of weeks in that year, where the relevant annual number is ascertained by estimating, for each week of the accounting year of the company following the election, the number of persons expected to be employed under contracts of service by the company in that week (whether throughout the week or not) and adding together all the weekly numbers, or

      • (II) by establishing that more than 30 of its current full time employees are likely to continue to be so employed full time under contracts of service.

    • (iii) There shall be included in the accounts for each accounting year of a company—

      • (I) a statement of the average number of employees that are expected to be employed under contracts of service during the accounting year following that to which the accounts relate, or

      • (II) a statement that more than 30 of its current full time employees are likely to continue to be so employed full time under contracts of service during the accounting year following that to which the accounts relate.

  • (b) Subject to paragraph (a), the Minister shall as respects a company appoint the employee of the company who is elected in accordance with the Fifth Schedule to be a director of the company.

  • (c) The Minister shall, as respects a company (other than a company to which paragraph (b) relates), appoint a person who, in the opinion of the Minister, is representative of the interests of the employees of the company to be a director of the company.

  • (d) Before making any appointment under paragraph (c) the Minister shall consult with any recognised trade union or staff association concerned which, following such consultation, may recommend to the Minister that a particular person be appointed under the said paragraph and the Minister shall consider such a recommendation.

  • (e) Without prejudice to the provisions of this Act as respects the term of office of directors of a company and their removal or disqualification from office, the term of office of a director of a company who is appointed under paragraph (b) or (c) and who is an employee of the company shall terminate on his or her resigning or retiring from employment with the company or on his or her being dismissed from such employment.

  • (f) The Minister shall, if the person is willing to act as such a director, appoint an employee of a company selected in accordance with paragraph 8 of the Fifth Schedule to fill a casual vacancy arising in the office of a director of the company appointed under paragraph (b) for the remainder of the term of office for which that director had been appointed.

  • (g) A director of a company appointed under paragraph (b) or (c) shall, subject to this section, be eligible for nomination as a candidate, and for election, at an election under the Fifth Schedule.

  • (h) An election under the Fifth Schedule shall be held within 12 months after the relevant vesting day or such longer period as may be agreed between the company and any recognised trade union or staff association concerned and in each fifth year thereafter.

• (11) A director of a company may at any time resign his or her directorship by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later.

• (12) A director of a company may at any time for stated reasons be removed from office by the Minister, with the consent of the Minister for Public Expenditure and Reform, if, in the Minister’s opinion, the director has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the board of a company of the functions of that company.

• (13) In this section a reference to a director of a company includes a reference to its chairperson.”.

• (2) The Fifth Schedule to the Act of 1996 is amended—

• (a) in paragraph 1(1), by substituting “paragraph (a) of section 30(10) ” for “paragraph (a) or (b) of section 30(1) ”,

• (b) in paragraph 4(2), by substituting “section 30(10)(b) ” for “section 30(1)(b) ”, and

• (c) in paragraph 8, by substituting “section 30(10)(f) ” for “section 30(3) ”.

• (3) Nothing in this section shall affect the balance of the term of office of a director of a company appointed before the passing of this Act.

40. Accountability to Oireachtas committees

40. The following is inserted after section 30 of the Act of 1996:

“30A. (1) In this section ‘Committee’ means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a committee.

• (2) The chairperson, or the chief executive, or both, of a company shall at the request in writing of a Committee attend before it to give account for the administration of the company.

• (3) Any account given under subsection (2) shall relate to the functions of the company but that subsection shall not require there to be disclosed any information that is determined by the company to be of a commercially sensitive nature.”.

41. Amendment of section 32 of Act of 1996 (disclosure by directors of certain interests)

41. The following is substituted for section 32 of the Act of 1996:

“32. (1) Where at a meeting of the directors of a company or a subsidiary any of the following matters arises, namely—

• (a) an arrangement to which the company or any subsidiary is a party or a proposed such arrangement,

• (b) a contract or other agreement with the company or any subsidiary or a proposed such contract or other agreement,

• (c) the giving, grant or renewal by the company or any subsidiary of a certificate, licence, authorisation or instrument of approval, or

• (d) the revocation, cancellation, withdrawal, suspension or endorsement by the company or any subsidiary of a certificate, licence, authorisation or instrument of approval,

then any director of the company or the first-mentioned subsidiary present at the meeting who otherwise than in his or her capacity as such a director has a material interest in the matter shall—

- (i) at the meeting disclose to the company or the first-mentioned subsidiary the fact of such interest and the nature thereof,

- (ii) neither influence nor seek to influence a decision to be made in relation to the matter,

- (iii) absent himself or herself from the meeting or that part of the meeting during which the matter is discussed,

- (iv) take no part in any deliberations of the directors relating to the matter, and

- (v) not vote on a decision relating to the matter.

• (2) Where a material interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the director by whom the disclosure is made shall not be counted in the quorum for the meeting.

• (3) Where at a meeting of the directors of a company or a subsidiary a question arises as to whether or not a course of conduct, if pursued by a director of the company or the subsidiary, would constitute a failure by him or her to comply with the requirements of subsection (1), the question may, subject to subsection (4), be determined by the chairperson of the meeting, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

• (4) Where, at a meeting of a company or a subsidiary the chairperson of the meeting is the director in respect of whom a question to which subsection (3) applies falls to be determined, then the other directors of the company or a subsidiary attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned.

• (5) Where the Minister is satisfied that a director has contravened subsection (1), the Minister may, if he or she thinks fit, and with the consent of the Minister for Public Expenditure and Reform, remove that director from office, and, where a person is removed from office pursuant to this subsection, he or she shall henceforth be disqualified from being a director of the company concerned or a subsidiary.

• (6) Section 231 of the Companies Act 2014 does not apply to a director of a company or a subsidiary.

• (7) Nothing in this section shall be taken to prejudice the operation of any rule of law restricting directors of a company from having any interest in contracts with the company.”.

42. Amendment of section 34 of Act of 1996 (membership of either House of Oireachtas, European Parliament or local authority)

42. (1) The following is substituted for section 34 of the Act of 1996:

“34. (1) Where a director of a company is—

• (a) nominated as a member of Seanad Éireann,

• (b) elected as a member of either House of the Oireachtas or to the European Parliament,

• (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having being elected to the European Parliament, or

• (d) elected or co-opted as a member of a local authority,

he or she shall thereupon cease to be a director of the company.

• (2) Where a person employed by a company is—

  • (a) nominated as a member of Seanad Éireann, or

  • (b) elected as a member of either House of the Oireachtas or to the European Parliament, or

  • (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having being elected to the European Parliament,

  he or she shall thereupon stand seconded from employment by the company and shall not be paid by, or be entitled to receive from, the company any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be), and ending when he or she ceases to be a member of either such House or such Parliament.

• (3) A person who is for the time being—

  • (a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

  • (b) a member of the European Parliament, or

  • (c) entitled under the Standing Orders of a local authority to sit as a member thereof,

  shall, while he or she is so entitled under paragraph (a) or (c) or is such a member under paragraph (b), be disqualified from becoming a director of a company and with regard to paragraph (a) and (b) shall be disqualified from employment in any capacity by a company.

• (4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting the reckoning of a period therein mentioned as service with a company for the purpose of any superannuation benefits.”.

• (2) Nothing in the amendment effected by this section shall affect the balance of the term of office of a director of a company appointed before the passing of this Act.

43. Amendment of section 41 of Act of 1996 (existing superannuation schemes, establishment of pension funds, arrangements for pilots)

43. Section 41 of the Act of 1996 is amended by substituting for subsection (1) the following:

“41. (1) A superannuation scheme—

• (a) made under—

  • (i) section 151 of the Act of 1946, or

  • (ii) any other enactment (other than one referred to in subsection (6)),

  or

• (b) registered under section 60 of the Pensions Act 1990,

by the former harbour authority of a company’s harbour and which is in force immediately before the relevant vesting day shall (notwithstanding the repeal by, or, as the case may be, any cesser effected by, subsection (5) of section 151 of the Act of 1946 or other enactment aforesaid) continue in force and to apply to each person to whom it applied immediately before that day.”.

44. Amendment of section 43 of Act of 1996 (transfer of functions from one company to another company)

44. Section 43 of the Act of 1996 is amended by inserting after subsection (1) the following:

• “(1A) Where a company is the subject of an order made under section 8 of the Harbours Act 2015, the Minister may only make an order under subsection (1) with the consent of the Minister for Environment, Community and Local Government after consultation with the local authority chief executive concerned.”.

45. Amendment of section 44 of Act of 1996 (general Ministerial powers)

45. Section 44 of the Act of 1996 is amended by substituting for paragraph (b) of subsection (1) the following:

• “(b) navigational safety,

• (ba) security and operations generally in harbours,”.

46. Amendment of section 72 of Act of 1996 (pilotage exemption certificates)

46. Section 72 of the Act of 1996 is amended by substituting for paragraphs (b) and (c) of subsection (1) the following:

• “(b) the person is—

  • (i) the holder of a subsisting certificate of competency, issued pursuant to regulations made under section 3 of the Merchant Shipping (Certification of Seamen) Act 1979, in any of the following capacities:

    • (I) master;

    • (II) chief mate; or

    • (III) officer in charge of a navigational watch,

    or

  • (ii) the holder of a subsisting document issued by another Member State or the Kingdom of Norway or the Republic of Iceland, certifying a level of competency which corresponds to a certificate of competency to which subparagraph (i) relates,

  or

• (c) the person is the holder of a subsisting certificate of competency which—

  • (i) is a certificate to which regulation I/2 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978, done at London on 7 July 1978, relates, and

  • (ii) was issued to a master or deck officer by or under the authority of the government of any other state where such certificate is recognised by the State for the purposes of regulation I/10 of that Convention by virtue of an order made under section 7 (as amended by section 28 of the Merchant Shipping Act 1992) of the Merchant Shipping Act 1947,

  or”.

47. Amendment of section 79 of Act of 1996 (power of Minister to re-organise provision of pilotage services)

47. The following is substituted for section 79 of the Act of 1996:

“79. (1) The Minister may by order—

• (a) establish one or more additional pilotage districts (that is to say, districts in which pilotage shall be regulated in the like manner to that provided by this Part in relation to a pilotage district mentioned in section 56) and define the limits of such a district or of such districts,

• (b) specify the circumstances in which pilotage shall be compulsory in a pilotage district established under paragraph (a),

• (c) abolish a pilotage district (being a pilotage district mentioned in section 56 or established under paragraph (a)),

• (d) alter the limits of a pilotage district to which paragraph (a), (e) or this paragraph relates, or

• (e) subject to section 57(2), provide for the limits of a pilotage district referred to in Part II of the Third Schedule in lieu of the limits set out in that Part,

and nothing in section 56 shall be construed as restricting or limiting the exercise by the Minister of his or her powers under this section in relation to a pilotage district mentioned in that section.

• (2)

  • (a) An order under paragraph (a) of subsection (1) shall confer on a specified person the function of organising and ensuring the provision of pilotage services in the pilotage district to which the order relates. That person shall perform that function by one of the means specified in section 56(1). This Act in so far as it relates to pilotage services otherwise applies to the pilotage district concerned with the substitution for references to ‘company’, in each place where it occurs (other than in this subsection), of references to that person and any other necessary modifications.

  • (b) An order under subsection (1) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient.

  • (c) In this subsection ‘specified person’ includes a company, a local authority and, in the case of a fishery harbour centre (within the meaning of the Fishery Harbour Centres Act 1968), the Minister for Agriculture, Food and the Marine.

• (3) In deciding whether or not to make an order under this section the Minister shall have regard to the following:

  • (a) any existing or proposed harbour limits to which the pilotage district or proposed pilotage district relates or would relate; and

  • (b) navigational safety.

• (4) The powers of the Minister under this section are in addition to his or her powers under section 43.”.

48. Amendment of section 83 of Act of 1996 (adaption of references in enactments to harbour authorities and pilotage authorities)

48. The following is substituted for section 83 of the Act of 1996:

“83. (1) References in any enactment or instrument made thereunder to a harbour authority shall, unless the context otherwise requires, be construed as including references to—

• (a) a company established under section 7 in respect of the harbour of a harbour authority,

• (b) a local authority to which the harbour of a harbour authority is transferred by an order under subsection (2) of section 88 or under subsection (4) or (5) of that section, or

• (c) a local authority to which the harbour of a company is transferred by an order under section 28 of the Harbours Act 2015,

and references in any enactment or instrument made thereunder to a particular harbour authority shall, unless the context otherwise requires, be construed as references to the particular company (if any) so established or, as the case may be, to the particular local authority (if any) to which a transfer as aforesaid is made.

• (2) References in any enactment or instrument made thereunder to a pilotage authority shall, unless the context otherwise requires, be construed as including references to a company or a local authority on which the function of organising and ensuring the provision of pilotage services in the pilotage district of a pilotage authority is conferred by section 56 or section 29, 34 or 35 of the Harbours Act 2015 and references in any enactment or instrument made thereunder to a particular pilotage authority shall, unless the context otherwise requires, be construed as references to the particular company (if any) on which the aforesaid function in relation to the pilotage district of that pilotage authority is so conferred.

• (3) References in any enactment or instrument made thereunder to the Minister for the Marine shall, in so far as the references relate to a matter to which a function of Dún Laoghaire Harbour Company relates and unless the context otherwise requires, be construed as references to that company or the local authority to which the harbour of the company is transferred by an order under section 28 of the Harbours Act 2015.”.

49. Amendment of section 91 of Act of 1996 (limits of harbours under the control or management of local authorities)

49. Section 91 of the Act of 1996 is amended by inserting after subsection (2) the following:

• “(3) In deciding whether or not to make an order under this section the Minister shall have regard to—

  • (a) the present capacity of the harbour and expected capacity needed having regard to the nature of shipping using or estimated will be using the harbour,

  • (b) navigational safety, and

  • (c) such and so many of the following as are, in the opinion of the Minister, relevant to his or her decision:

    • (i) leases made under section 2, licences granted under section 3, approvals under section 10 or consents given under section 13 of the Foreshore Act 1933 and any application duly made for such a lease, licence, approval or consent;

    • (ii) applications for permission, or permissions granted, under the Planning and Development Acts 2000 to 2014 in respect of the development of any land;

    • (iii) environmental impact assessments made under the Planning and Development Acts 2000 to 2014;

    • (iv) any development plan made by a planning authority under sections 9 and 12 of the Planning and Development Act 2000, and any local area plan under section 18 of that Act.”.

50. Amendment of Third Schedule to Act of 1996 (limits of harbours and pilotage districts) Dublin Port Company

50. (1) The Third Schedule to the Act of 1996 is amended by substituting for paragraph 4 the following:

“Dublin Port Company

1. Limits consisting of and including—

2. (a) the River Liffey and the quays and walls bounding the same,

3. (b) the walls called the North Wall, the South Wall and the East Wall, respectively,

4. (c) the piers, jetties, tidal basins and other works constructed by or belonging to the Dublin Port and Docks Board before the relevant vesting day, and

5. (d) the Harbour of Dublin and the strands, bays, creeks and harbours thereof and all waters inside that area,

commencing from but excluding the Matt Talbot Memorial Bridge in the City of Dublin, and extending to an imaginary straight line drawn from the Baily Lighthouse on the north in the County of Dublin and extending through the North Burford Bank Buoy and thence through the South Burford Bank Buoy and thence to Sorrento Point on the south including the harbours of Bulloch and Sandycove, but excepting the limits of the harbour of Dún Laoghaire Harbour Company and excepting also the harbours of Coliemore and Sutton.”.

• (2) Section 88 of the Act of 1996 is amended by deleting subsection (6).

PART 6 Amendment of Merchant Shipping Act 1992 and Fishery Harbour Centres Act 1968

51. Amendment of Merchant Shipping Act 1992

51. The Merchant Shipping Act 1992 is amended—

• (a) in section 2(1), in the definition of “authorised officer”, by substituting for paragraph (d) the following:

• “(d) as respects the harbour of which he or she is the harbour master or is in charge of, a person appointed to be such by one of the following, that is to say:

• (i) a company within the meaning of the Harbours Act 1996;

• (ii) the Minister for Agriculture, Food and the Marine, in respect of a fishery harbour centre (within the meaning of the Fishery Harbour Centres Act 1968);

• (iii) a local authority (within the meaning of section 2 (as amended by Part 1 of Schedule 1 to the Local Government Reform Act 2014) of the Local Government Act 2001);

• (iv) Iarnród Éireann - Irish Rail, in respect of Rosslare Harbour;”,

• (b) in section 18 (inserted by section 47 of the Maritime Safety Act 2005) by substituting for subsection (5) the following:

• “(5) If in respect of a vessel there is a contravention of a regulation under this section—

  • (a) (other than in respect of a matter referred to in subsection (2)(d)), the owner and (if the vessel is in use) the master of the vessel each commits an offence and each is liable on summary conviction to a class A fine, or

  • (b) in respect of a matter referred to in subsection (2)(d), the owner of the vessel (or, if the vessel is on hire, the person to whom it is on hire) and the master of the vessel each commits an offence and each is liable—

    • (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or

    • (ii) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years, or to both.”,

• (c) in section 19 (inserted by the said section 47) by substituting for subsection (5) the following:

• “(5) If in respect of a fishing vessel there is a contravention of a regulation under this section—

  • (a) (other than in respect of a matter referred to in subsection (2)(f)), the owner and (if the vessel is in use) the master of the vessel each commits an offence and each is liable on summary conviction to a class A fine, or

  • (b) in respect of a matter referred to in subsection (2)(f) —

    • (i) the owner and (if the vessel is in use) the master of the vessel, and

    • (ii) where the person contravening the regulation is not the owner or master of the vessel, that person,

    each commits an offence and each is liable on summary conviction to a class A fine.”,

• (d) in section 20 (inserted by the said section 47) by substituting for subsection (5) the following:

• “(5) If in respect of a pleasure craft there is a contravention of a regulation under this section—

  • (a) the owner and (if the craft is in use) the master of the craft, and

  • (b) where the person contravening the regulation is not the owner or master of the craft, that person,

  each commits an offence and each is liable on summary conviction to a class A fine.”,

and

• (e) in section 27 (inserted by the said section 47)—

• (i) by substituting for subsection (1) the following:

• “(1) The Minister may prescribe that this section applies to a contravention or a contravention in particular circumstances of a regulation made under section 18 (other than in respect of a matter referred to in subsection (2)(d)), 19 or 20.”,

and

• (ii) in subsection (2), by substituting “section 18(5) (a), 19(5) or 20(5) in relation to a contravention or a contravention in particular circumstances of a regulation made under section 18, 19 or 20” for “section 18, 19 or 20 in relation to a contravention of regulations made under section 18, 19 or 20”.

52. Amendment of Fishery Harbour Centres Act 1968

52. Section 4 of the Fishery Harbour Centres Act 1968 is amended—

• (a) in subsection (2), by inserting after paragraph (aa)(inserted by section 35(a) of the Vehicle Clamping Act 2015)the following:

• “(ab) make bye-laws to provide for matters relating to the use of tugboats in fishery harbour centres, including minimum requirements in relation to equipment on board and the qualifications and training required of the crew of tugboats,”,

• (b) in subsection (2), by substituting for paragraph (d) the following:

• “(d) appoint, to manage, control, operate and develop the centre, such number of officers and servants (by whatever names or titles (including harbour master) they are called) as he or she deems necessary for the purpose and provide for their powers, functions and duties and, with the consent of the Minister for Public Expenditure and Reform, for their terms and conditions of service (including, if, and in such cases as, he or she thinks fit, superannuation benefits),”,

and

• (c) in subsection (10), (inserted by section 54(b) of the Maritime Safety Act 2005)—

• (i) in paragraph (a) (ii), by substituting “accompanied by the notice, duly completed,” for “accompanied by the notice,”,

• (ii) in paragraph (b) (i), by substituting “accompanied by the notice, duly completed,” for “accompanied by the notice,”, and

• (iii) in paragraph (b) (iii), by inserting “, accompanied by the notice, duly completed,” after “during that period”.

SCHEDULE 1 Companies to which an Order under Section 8 or 28 may refer

Sections 8 and 28

Drogheda Port Company

Dún Laoghaire Harbour Company

Galway Harbour Company

New Ross Port Company

Wicklow Port Company

SCHEDULE 2 Consequential Amendments to the Act of 1996 in respect of a Transferred Company

Section 12

SCHEDULE 3 Election of Employee Director of Transferred Company

Section 22

• (2) The returning officer shall not be entitled to be nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election.

• (3) The returning officer may delegate to a person such of his or her functions under this Schedule as he or she specifies and functions so delegated to a person shall be performable by that person. Subparagraph (2) shall apply to such a person.

• (2) Voting at the election shall be by secret ballot and on the basis of proportional representation by means of a single transferable vote.

• (3) The election shall be held in accordance with such procedures (if any) as may be decided by the local authority chief executive concerned. Any such procedures shall be published on the website of the local authority concerned or made available at the offices of that local authority.

• (4) The returning officer shall appoint such number of persons as he or she thinks appropriate to perform the functions of presiding officers and polling clerks at the poll conducted for the purposes of the election.

• (2) The day to be fixed under subparagraph (1) shall be not earlier than 6 weeks after the day on which eligibility of voters and candidates at the election is determined in accordance with paragraphs 10 and 11, respectively.

• (a) is not less than 18 years of age, and

• (b) has been an employee of the transferred company for—

• (i) a continuous period of not less than 1 year, or

• (ii) a continuous period of not less than 13 weeks and is normally expected to work not less than 8 hours a week for the transferred company,

shall be entitled to vote at the election.

• (a) is not less than 18 years of age, and

• (b) has been an employee of the transferred company for—

• (i) a continuous period of not less than 1 year, or

• (ii) a continuous period of not less than 13 weeks and is normally expected to work not less than 8 hours a week for the transferred company,

shall be eligible to be nominated as a candidate at the election.

• (2) Nominations shall be made in the manner specified by the returning officer.

• (3) A candidate may be nominated by a recognised trade union or staff association or jointly by 2 or more such bodies but no such body shall be entitled both to nominate a candidate of its own accord and to nominate a candidate jointly with another such body or bodies.

• (4) The returning officer shall rule on the validity of nominations. The decision of the returning officer shall be final.