Pillotage Act 1983(repealed 30.4.1991)

Provision as to ships within a harbour, dock, etc.

38

• (1) A ship while being moved within a harbour which forms part of a pilotage district shall be deemed to be being navigated in a pilotage district, except so far as may be provided by byelaw in the case of ships being so moved for the purpose of changing from one mooring to another mooring or of being taken into or out of any dock: and a byelaw shall in every case be made for the purpose aforesaid in any pilotage district where any class of persons other than licensed pilots were in practice employed on 7th March 1913 (the date of the passing of the Pilotage Act 1913) for the purpose of changing the moorings of ships or of taking ships into or out of dock.

• (2) Until such day as the Secretary of State may by order appoint, subsection (1) above shall have effect as if for the words " being navigated" there were substituted the words " a ship navigating " ; and different days may be appointed under this subsection for different purposes.

Provision as to ships in closed dock etc.; transitory provisions

39

• (1) A ship whilst being navigated within any closed dock, lock or other closed work in a pilotage district shall, notwithstanding anything in this Act, be deemed to be navigating in a district in which pilotage is not compulsory.

• (2) Subsection (1) above shall cease to have effect on such day as the Secretary of State may by order appoint; and different days may be appointed under this subsection for different purposes.

• (3) Without prejudice to the generality of subsection (2) above, an order under that subsection may appoint a day for subsection (1) above to cease to have effect in relation only to such pilotage districts as may be specified in the order.

Copies of pilotage provisions to be furnished to pilots

40

The pilotage authority shall cause every pilot licensed by them to be furnished with a copy of this Act as amended for the time being, and with a copy of any pilotage order for the time being in force in the district, and of any byelaws so in force.

Licensed pilot not to be taken out of his district

41

A master of a ship shall not, except in circumstances of unavoidable necessity, take a licensed pilot without his consent beyond the district for which he is licensed, or beyond the point up to which he has been engaged to pilot the ship, and if a master of a ship acts in contravention of this section, he shall be liable on summary conviction in respect of each offence to a fine not exceeding—

• (a) in England and Wales and in Scotland, level 5 on the standard scale,

• (b) in Northern Ireland, £1,000.

Limitation of liability of pilots, and of pilotage authorities as employers

42

• (1) A licensed pilot, a person authorised to act as the assistant of a licensed pilot by the authority who licensed the pilot and the pilotage authority who employ a licensed pilot or such an assistant shall not be liable—

• (a) in the case of a pilot or assistant, for neglect or want of skill; and

• (b) in the case of a pilotage authority, for neglect or want of skill by the pilot or assistant or by the authority in employing the pilot or assistant,

beyond the amount of £100 and the amount of the pilotage charges in respect of the voyage during which the liability arose.

• (2) Where any proceedings are taken against a pilot, assistant or pilotage authority for any neglect or want of skill in respect of which liability is limited as provided by this section, and other claims are made or apprehended in respect of the same neglect or want of skill, the court in which the proceedings are taken may—

• (a) determine the amount of the liability,

• (b) upon payment by the pilot, assistant or pilotage authority of that amount into court, distribute that amount rateably among the several claimants,

• (c) stay or, in Scotland, sist any proceedings pending in any other court in relation to the same matter,

• (d) proceed in such manner and subject to such requirements—

• (i) as to making persons interested parties to the proceedings,

• (ii) as to the exclusion of any claimants who do not come in within a certain time,

• (iii) as to requiring security from the pilot, assistant or pilotage authority,

• (iv) as to payment of any costs, as the court thinks just.

Obligation on licensed pilot to produce his licence to employer

43

• (1) Every licensed pilot when acting as such shall be provided with his licence, and shall, if requested, produce it to any person by whom he is employed, or to whom he offers his services as pilot.

• (2) If a licensed pilot refuses without reasonable excuse to produce his licence in accordance with this section, he shall be liable on summary conviction in respect of each offence to a fine not exceeding—

• (a) in England and Wales and in Scotland, level 3 on the standard scale,

• (b) in Northern Ireland, £200.

Penalty on fraudulent use of licence

44

If any person not being a licensed pilot for a district falsely represents himself to be a licensed pilot for that district, either by means of using a licence which he is not entitled to use or by any other means, he shall be liable on summary conviction in respect of each offence to a fine not exceeding—

• (a) in England and Wales and in Scotland, level 5 on the standard scale,

• (b) in Northern Ireland, £1,000.

Pilot Boats and Pilot Signals

Approval of pilot boats

45

All vessels regularly employed in the pilotage service of any pilotage district (in this Act referred to as " pilot boats ") shall be approved and licensed by the pilotage authority of the district, and that authority may, at their discretion, appoint and remove the masters of those pilot boats.

Pilot boats to fly pilot flag

46

• (1) Every pilot boat shall when afloat fly a flag (in this Act called a " pilot flag ") of large dimensions compared with the size of the pilot boat, and of two colours, the upper horizontal half white, and the lower horizontal half red, to be placed at the mast head, or on a sprit or staff, or in some equally conspicuous situation.

• (2) It shall be the duty of the master of the pilot boat to see that the pilot flag is kept clean and distinct, so as to be easily discerned at a reasonable distance ; and if a master fails, without reasonable cause, to comply with the requirements of this section, he shall be liable on summary conviction in respect of each offence to a fine not exceeding—

• (a) in England and Wales and in Scotland, level 2 on the standard scale,

• (b) in Northern Ireland, £50.

Display of pilot flag when pilot is on board ship

47

When a ship is navigating in a pilotage district, and has on board a pilot licensed for that district, or a master or mate holding a pilotage certificate for that district, the master of the ship shall cause a pilot flag to be exhibited; and if he fails, without reasonable cause, to do so, he shall be liable on summary conviction in respect of each offence to a fine not exceeding—

• (a) in England and Wales and in Scotland, level 4 on the standard scale,

• (b) in Northern Ireland, £500.

Penalty on ordinary boat displaying pilot flag

48

• (1) A pilot flag shall not be displayed on any ship or boat not having on board a licensed pilot or a master or mate holding a pilotage certificate and if any such flag is displayed on any such ship or boat, the master of that vessel shall, unless he proves that he took all reasonable precautions and exercised all due diligence to avoid displaying the flag, be liable on summary conviction for each offence to a fine not exceeding—

• (a) in England and Wales and in Scotland, level 4 on the standard scale,

• (b) in Northern Ireland, £500.

• (2) A flag so nearly resembling a pilot flag as to be likely to deceive shall not be displayed on any ship or boat net having on board a licensed pilot or a master or mate holding a pilotage certificate and, if any such flag is displayed on any such ship or boat, the master of that vessel shall, unless he proves that he had no intention to deceive, be liable on summary conviction for each offence to a fine not exceeding—

• (a) in England and Wales and in Scotland, level 4 on the standard scale,

• (b) in Northern Ireland, £500.

Signals to be displayed by ships requiring a pilot

49

• (1) Her Majesty may by Order in Council make rules as to the signals to be used or displayed where the services of a pilot are required on any vessel, and those signals are in this Act referred to as " pilot signals ".

• (2) If a vessel requires the services of a pilot, the master of that vessel shall use or display the pilot signals.

• (3) If without reasonable excuse a master of a vessel uses or displays, or causes or permits any person under his authority to use or display, any of the pilot signals for any other purpose than that of summoning a pilot, or uses or causes or permits any person under his authority to use any other signal for a pilot, he shall be liable on summary conviction in respect of each offence to a fine not exceeding—

• (a) in England and Wales and in Scotland, level 2 on the standard scale,

• (b) in Northern Ireland, £50.

Obligation to display signal for pilot in certain circumstances

50

• (1) The master of a ship (other than an excepted ship) shall when navigating in circumstances in which pilotage is compulsory under this Act, display a pilot signal, and keep the signal displayed until a licensed pilot comes on board.

• (2) The master of a ship, whether navigating in circumstances in which pilotage is compulsory or not, which is being piloted in a pilotage district by a pilot not licensed for the district, shall display a pilot signal and keep the signal displayed until a licensed pilot comes on board.

• (3) If the master of any ship fails without reasonable excuse to comply with this section, he shall be liable on summary conviction in respect of each offence to a fine not exceeding—

• (a) in England and Wales and in Scotland, level 2 on the standard scale,

• (b) in Northern Ireland, £50.

• (4) In subsection (2) above, " ship" does not include a ship which a person is piloting or ordered to pilot, in a dockyard port within the meaning of the Dockyard Ports Regulation Act 1865, in the course of his duties as a servant of the Crown ; but nothing in this subsection shall be construed as derogating from any immunity which affects a ship apart from this subsection.

Facilities to be given for pilot getting on board and leaving ship

51

• (1) The master of a ship (other than an excepted ship) which, in circumstances in which pilotage is compulsory under this Act, is not under pilotage as required in these circumstances, shall, if a licensed pilot of the district makes a signal for the purpose of offering his services as pilot, by any practical means consistent with the safety of his ship, facilitate the pilot getting on board the ship, and shall give the charge of piloting the ship to that pilot, or, if there are two or more licensed pilots offering at the same time, to such one of them as may, according to any byelaws for the time being in force in the district, be entitled or required to take charge of the ship.

• (2) Where the master of a ship, whether in circumstances in which pilotage is compulsory or not, accepts the services of a licensed pilot, he shall, by any practical means consistent with the safety of his ship, facilitate the pilot and any assistant of his getting on board and subsequently leaving the ship.

• (3) If the master of any ship fails without reasonable excuse to comply with the provisions of this section, he shall be liable on summary conviction in respect of each offence to a fine not exceeding—

• (a) double the amount of pilotage charges that (disregarding any increase in the charges attributable to failure to comply with the requirements of byelaws in force in the district about requests for pilots) are payable in respect of the ship or would have been so payable if he had complied with those provisions, or

• (b) in England and Wales and in Scotland, level 4 on the standard scale,

• (c) in Northern Ireland, £500,

whichever is the greater.

Offences by Pilots

Penalty on pilot endangering ship, life, or limb

52

If, when piloting a ship, any pilot by wilful breach of duty or by neglect of duty, or by reason of drunkenness—

• (a) does any act tending to the immediate loss or destruction of or serious damage to the ship, or tending immediately to endanger the life or limb of any person on board the ship; or

• (b) refuses or omits to do any lawful act proper and requisite to be done by him for preserving the ship from loss, destruction, or serious damage, or for preserving any person belonging to or on board the ship from danger to life or limb ;

that pilot shall be guilty of an offence and liable—

• (i) on summary conviction, to imprisonment for a term not exceeding 3 months or a fine of an amount not exceeding the statutory maximum or both ;

• (ii) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

Penalty on person obtaining charge of a ship by misrepresentation

53

If any person, by wilful misrepresentation of circumstances upon which the safety of a ship may depend, obtains, or endeavours to obtain, the charge of that ship, that person and every person procuring, abetting or conniving at the commission of the offence shall, in addition to any liability for damages, be liable on summary conviction in respect of each offence to a fine not exceeding—

• (a) in England and Wales and in Scotland, level 5 on the standard scale,

• (b) in Northern Ireland, £1,000.

Offences by pilots

54

• (1) If a licensed pilot, either within or outside the district for which he is licensed.—

• (a) is in any way directly or indirectly concerned in any corrupt practices relating to ships, their tackle, furniture, cargoes, crews, or passengers, or to persons in distress at sea or by shipwreck, or to their moneys, goods, or chattels;

• (b) lends his licence;

• (c) acts as pilot when he knows he is suspended;

• (d) acts as pilot when in a state of intoxication;

• (e) employs, or causes to be employed, on board any ship which he is piloting any boat, anchor, cable, or other store, matter, or thing beyond what is necessary for the service of that ship, with intent to enhance the expenses of pilotage for his own gain or for the gain of any other person;

• (f) refuses, or wilfully delays, without reasonable cause, to pilot any ship within the district for which he is licensed, upon the signal for a pilot being made by that ship, or upon being required to do so by the master, owner, agent, or consignee thereof, or by any officer of the pilotage authority by whom the pilot is licensed, or by any chief officer of Customs and Excise;

• (g) unnecessarily cuts or slips, or causes to be cut or slipped, any cable belonging to any ship ;

• (h) refuses, otherwise than on reasonable ground of danger to the ship, when requested by the master, to conduct the ship which he is piloting into any port or place within the district for which he is licensed; or

• (i) quits the ship, which he is piloting, before the service for which he was engaged has been performed and without the consent of the master of the ship ;

that pilot shall, in addition to any liability for damages, be liable on summary conviction in respect of each offence to a fine not exceeding—

• (i) in England and Wales and in Scotland, level 4 on the standard scale,

• (ii) in Northern Ireland, £500.

• (2) If any person procures, aids, abets or connives at the commission of any offence under this section he shall, in addition to any liability for damages, be liable on summary conviction to a fine not exceeding—

• (a) in England and Wales and in Scotland, level 4 on the standard scale,

• (b) in Northern Ireland, £500.

• (3) The provisions of the law relating to customs or excise with respect to the recovery of penalties under that law, and the application of such penalties, shall apply in the case of any prosecution by any officer of Customs and Excise for the recovery of a fine in respect of any offence against this section.

PART III — Liability of Pilotage Authorities for Loss or Damage to Vessels or Goods, etc.

Limitation of liability

Limitation of liability

55

• (1) Where, without any such personal act or omission of theirs as is mentioned in Articled of the Convention in Part I of Schedule 4 to the Merchant Shipping Act 1979, any loss or damage is caused—

• (a) to any vessel or vessels, or

• (b) to any goods, merchandise or other things whatsoever on board any vessel or vessels, or

• (c) to any other property or rights of any kind, whether on land or on water or whether fixed or movable,

a pilotage authority shall not be liable to damages beyond the amount of £100 multiplied by the number of pilots holding licences from the pilotage authority under section 12 of this Act for the pilotage district of the pilotage authority at the date when the loss or damage occurs.

• (2) The limit of liability under subsection (1) above shall apply whether the liability arises at common law or under any public general or local Act of Parliament and notwithstanding anything contained in any such Act passed before 16th July 1936 (the date of the passing of the Pilotage Authorities (Limitation of Liability) Act 1936).

• (3) Nothing in this section shall impose any liability in respect of any such loss or damage on any pilotage authority in any case where no such liability would have existed if this Part of this Act had not been enacted.

• (4) Until such day as the Secretary of State may by order appoint, subsection (1) above shall have effect in the United Kingdom as if for the words from " any such " to " 1979 " there were substituted the words " their fault or privity " .

Limitation of liability where several claims on one occasion

56

The limit of liability under section 55 of this Act shall relate to the whole of any losses and damages which may arise upon any one distinct occasion although such losses and damages may be sustained by more than one person.

Power of courts to consolidate claims

57

• (1) Where any liability is alleged to have been incurred by a pilotage authority in respect of any loss or damage to which section 55 of this Act applies and several claims are made or apprehended in respect of that liability, then the pilotage authority may apply to the court.

• (2) On an application under subsection (1) above, the court may—

• (a) determine the amount of liability of the pilotage authority,

• (b) distribute that amount rateably among the several claimants,

• (c) stay or, in Scotland, sist any proceedings pending in any other court in relation to the same matter,

• (d) proceed in such manner and subject to such requirements—

• (i) as to making persons interested parties to the proceedings,

• (ii) as to the exclusion of any claimants who do not come in within a certain time,

• (iii) as to requiring security from the pilotage authority,

• (iv) as to the payment of any costs,

as the court thinks just.

• (3) In this section, " the court" means—

• (a) in England and Wales, the High Court,

• (b) in Scotland, the Court of Session,

• (c) in Northern Ireland, the High Court.

Rights of pilotage authorities as owners of ships

58

• (1) Where any pilotage authority are the owners of any ship, nothing in this Part of this Act shall affect any limitation of liability conferred on them or other rights to which they are entitled as such owners under section 17 or 18 of the Merchant Shipping Act 1979, and accordingly the foregoing provisions of this Part of this Act shall not apply to any loss or damage the liability of which can be limited under the said sections.

• (2) Until such day as the Secretary of State may by order appoint, subsection (1) above has effect in the United Kingdom as if—

• (a) for the words " under section 17 or 18 of the Merchant Shipping Act 1979 " there were substituted the words " by or under Part VIII of the Merchant Shipping Act 1894, and the Merchant Shipping (Liability of Shipowners and Others) Act 1900 " ,

• (b) for the word " sections" there were substituted the word " enactments " .

An order under this subsection may appoint different days for different purposes.

Exclusion of funds for benefit of pilots etc.

59

No pilots' benefit fund, pilotage annuity fund or other fund formed or maintained by a pilotage authority for the benefit of pilots, their widows or children, shall be capable of being charged or attached or taken in execution or made available by any legal process or otherwise for meeting any liability of or any claim against the pilotage authority.

Exclusion of funds of authorities acting in dual capacity

60

If any body of persons corporate or unincorporate are the owners of any dock or canal (including any body of persons having the control or management of any dock or canal) or are a harbour authority or a conservancy authority and that body or a committee of that body are also a pilotage authority, then—

• (i) no funds, revenues, moneys or other property whatsoever belonging to such body in any capacity other than as pilotage authority shall be capable of being charged or attached or taken in execution or made available by any legal process or otherwise for meeting any liability of, or any claim against, such body or any committee of such body in their capacity as pilotage authority; and

• (ii) no funds, revenues, moneys or other property whatsoever belonging to such body or a committee of such body in their capacity as pilotage authority shall be capable of being charged or attached or taken in execution or made available by any legal process or otherwise for meeting any liability of, or any claim against, such body in any capacity other than as pilotage authority.

Exclusion of funds of certain Trinity Houses

61

• (1) No funds, revenues, moneys or other property whatsoever belonging to the Trinity House or the Trinity House of Newcastle-upon-Tyne, in any capacity other than as pilotage authority, shall be capable of being charged or attached or taken in execution or made available by any legal process or otherwise for meeting any liability of, or any claim against, either such body in their capacity as pilotage authority.

• (2) No funds, revenues, moneys or other property whatsoever belonging to the Trinity House or any committee or sub-commissioners of the Trinity House or the Trinity House of Newcastle-upon-Tyne, in their capacity as pilotage authority, shall be capable of being charged or attached or taken in execution or made available by any legal process or otherwise for meeting any liability of, or any claim against, any such body in any capacity other than as pilotage authority.

Interpretation

Provision for pilotage authority for more than one district

62

Where a pilotage authority are the pilotage authority for more than one pilotage district, this Part of this Act shall have effect as though the authority were a separate pilotage authority for each separate pilotage district.

PART IV — Miscellaneous and General

Recovery, etc. of Pilotage Charges

Recovery of pilotage charges

63

• (1) The following persons shall be liable to pay pilotage charges for any ship for which the services of a licensed pilot are obtained, namely: —

• (a) the owner or master;

• (b) as to pilotage inwards, such consignees or agents as have paid or made themselves liable to pay any other charge on account of the ship in the port of her arrival or discharge;

• (c) as to pilotage outwards, such consignees or agents as have paid or made themselves liable to pay any other charge on account of the ship in the port of her departure;

and those charges may be recovered in the same manner as fines of like amount under the Merchant Shipping Act 1894, but that recovery shall not take place until a previous demand has been made in writing.

• (2) Any consignee or agent (not being the owner or master of the ship) who is hereby made liable for the payment of pilotage charges in respect of any ship may, out of any moneys received by him on account of that ship or belonging to the owner thereof, retain the amount of all charges paid by him, together with any reasonable expenses he may have incurred by reason of the payment of the charges or his liability to pay the charges.

Receiving or offering improper rates of pilotage

64

A licensed pilot shall not demand or receive, and a master shall not offer or pay to any licensed pilot, pilotage charges of amounts which he knows are greater or less than the amounts authorised by law, and, if a pilot or master acts in contravention of this section, he shall be liable on summary conviction in respect of each offence to a fine not exceeding—

• (a) in England and Wales and in Scotland, level 3 on the standard scale,

• (b) in Northern Ireland, £200.

Pilotage rate for leading ships

65

If any boat or ship, having on board a licensed pilot, leads another ship which has not a licensed pilot on board when that other ship cannot be boarded due to particular circumstances, the same pilotage charges shall be payable in respect of the ship so led as if the pilot had actually been on board and had charge of that ship.

Supplementary

Application of Board of Trade Arbitrations, etc. Act 1874

66

The Board of Trade Arbitrations etc. Act 1874, shall apply as if this Act were a special Act within the meaning of the said Act of 1874.

Orders, rules and regulations

67

• (1) All powers to make orders, rules or regulations conferred on the Secretary of State by this Act except those conferred by sections 16(2), 19(4) and 25(1) of this Act shall be exercisable by statutory instrument.

• (2) No order shall be made in pursuance of section 4(1), 5(2), 21(3) or 32(3) of this Act unless a draft of the order has been approved by resolution of each House of Parliament.

• (3) Any statutory instrument containing an order made by virtue of section 3(3) of this Act or containing regulations made by virtue of section 13(2)(a) of this Act shall be subject to annulment in pursuance of a resolution by either House of Parliament.

Interpretation

68

• (1) In this Act—

• " the Commission " means the Pilotage Commission ;

• " excepted ship " has the meaning assigned to it by section 30, or, as the case may require, section 31 of this Act;

• " functions " includes powers and duties ;

• " pilotage authority " means, without prejudice to section 1(2) of this Act, an authority established, constituted or incorporated as a pilotage authority— by pilotage order made under this Act, or for the purposes of this Act;

• " pilot boat" has the meaning assigned to it by section 45 of this Act;

• " pilotage charges" means the charges payable by virtue of section 14 of this Act;

• " pilotage district" means, without prejudice to section 1(2) of this Act, a district established as a pilotage district— under a pilotage order made under this Act, or for the purposes of this Act;

• " pilot flag" has the meaning assigned to it by section 46 of this Act;

• " standard scale " shall be construed in accordance with section 75 of the Criminal Justice Act 1982 ;

• " statutory maximum " shall be construed in accordance with section 74 of the said Act of 1982 ;

• "the Trinity House of Newcastle-upon-Tyne" means the Corporation of the Master Pilots and Seamen of the Trinity House of Newcastle-upon-Tyne ;

• " water authority " in relation to Scotland means a water authority within the meaning of section 3 of the Water (Scotland) Act 1980.

• (2) This Act shall be construed as one with the Merchant Shipping Acts 1894 to 1981.

• (3) Without prejudice to subsection (2) above, any expression to which a meaning is given by the Merchant Shipping Act 1894 has, unless the context otherwise requires, the same meaning as in that Act; and for ease of reference the Table below indicates the expressions used in this Act to which a meaning is given by that Act—

• " chief officer of Customs "

• " conservancy authority "

• " harbour "

• " harbour authority "

• " master "

• " pilot"

• " port "

• " seaman "

• " ship "

• " the Trinity House "

• " vessel "

• (4) Any reference in this Act to failure to do any act or thing includes a reference to refuse to do that act or thing.

Transitional provisions, savings, amendments and repeals

69

• (1) Schedule 2 to this Act, which contains transitional and saving provisions, shall have effect.

• (2) The enactments mentioned in Schedule 3 to this Act shall have effect subject to the amendments there specified.

• (3) The enactments specified in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, citation, extent and commencement

70

• (1) This Act may be cited as the Pilotage Act 1983 and shall be included among the Acts that may be cited as the Merchant Shipping Acts 1894 to 1983.

• (2) This Act extends to Northern Ireland and applies to all ships, British and foreign.

• (3) It is hereby declared that this Act does not extend to the Isle of Man.

• (4) This Act shall come into force at the expiration of the period of three months beginning with the date on which it is passed.

SCHEDULE 1

Tenure of members

1

Subject to paragraphs 2 to 4 below, a person shall hold and vacate office as a Commissioner or the Chairman in accordance with the terms of the instrument appointing him to that office.

2

A person shall not be appointed as a Commissioner and a Commissioner shall not be appointed as the Chairman for a term of more than three years; but a person may be reappointed as a Commissioner and a Commissioner may be reappointed as the Chairman on or after the date on which he ceases to be a Commissioner or, as the case may be, ceases to be the Chairman.

3

• (1) A person may at any time resign his office as a Commissioner or the Chairman by giving to the Secretary of State a notice in writing signed by that person and stating that he resigns that office.

• (2) If the Chairman ceases to be a Commissioner he shall cease to be the Chairman.

4

If the Secretary of State is satisfied that a Commissioner—

• (a) has been absent from the meetings of the Commission for a period longer than six consecutive months without the permission of the Commission ; or

• (b) is incapacitated by physical or mental illness; or

• (c) is otherwise unable or unfit to discharge the functions of a Commissioner,

the Secretary of State may declare his office as a Commissioner to be vacant and shall notify the declaration in such manner as the Secretary of State thinks fit; and thereupon the office shall become vacant.

Remuneration of members

5

The Commission shall pay to each Commissioner such remuneration and allowances as the Secretary of State may determine with the consent of the Treasury.

6

Where a person ceases to be a Commissioner otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may with the consent of the Treasury direct the Commission to make to that person a payment of such amount as the Secretary of State may determine with the consent of the Treasury; and it shall be the duty of the Commission to comply with that direction.

Proceedings

7

The quorum of the Commission and the arrangements relating to meetings of the Commission shall be such as the Commission may determine.

8

• (1) A Commissioner who is in any way directly or indirectly interested in a contract made or proposed to be made by the Commission, or in any other matter whatsoever which falls to be considered by the Commission, shall disclose the nature of his interest at a meeting of the Commission and the disclosure shall be recorded in the minutes of the meeting; and the Commissioner shall not—

• (a) in the case of a contract, take part in any deliberation or decision of the Commission with respect to the contract; and

• (b) in the case of any other matter, take part in any decision of the Commission with respect to the matter if the Commission decides that the interest in question might affect prejudicially the Commissioner's consideration of the matter.

• (2) A notice given by a Commissioner at a meeting of the Commission to the effect that he is a member or employee of a specified company or firm and is to be regarded as interested in any contract which is made after the date of the notice with the company or firm shall, for the purposes of the preceding sub-paragraph, be a sufficient disclosure of his interest in relation to any contract so made.

• (3) A Commissioner need not attend in person at a meeting of the Commission in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at such a meeting.

9

The validity of any proceedings of the Commission shall not be affected by any vacancy among the Commissioners or by any defect in the appointment of a Commissioner.

Staff

10

The Commission may employ such persons as it considers are needed to assist the Commission in the performance of its functions and may pay to them such remuneration and allowances as the Commission considers appropriate.

11

The Commission may—

• (a) pay, to or in respect of persons formerly employed by the Commission, pensions, allowances or gratuities of such amounts as the Commission may determine;

• (b) make such payments towards the provision of any of the said benefits as the Commission may determine;

• (c) maintain such schemes as the Commission may determine, whether contributory or not, for the payment of any of the said benefits.

12

If a person employed by the Commission becomes a Commissioner and was by reference to his employment by the Commission a participant in a pension scheme maintained by the Commission in pursuance of the preceding paragraph, the Commission may determine that his service as a Commissioner shall be treated for the purposes of the scheme as service as an employee of the Commission.

Instruments

13

The fixing of the common seal of the Commission shall be authenticated by the signature of the Chairman or of another Commissioner authorised by the Commission to authenticate it.

14

A document purporting to be duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

Interpretation

15

In the preceding provisions of this Schedule " the Chairman " and " a Commissioner " mean respectively the chairman of the Commission and a member of the Commission.

SCHEDULE 2

Byelaws

1

Notwithstanding the repeal by this Act of section 8(2) of the Merchant Shipping Act 1979, any byelaws in force immediately before 4th July 1980 (the date of commencement of section 8(1)(b) of the Merchant Shipping Act 1979) by virtue of section 11(4) of the Pilotage Act 1913 shall, if in force immediately before the commencement of this Act, continue in force thereafter and may be revoked as if the said subsection (4) were still in force.

2

Notwithstanding the repeal by this Act of section 9(8) of the Merchant Shipping Act 1979, any byelaws made before 1st September 1980 (the date of commencement of section 9(8) of the Merchant Shipping Act 1979) by a pilotage authority by virtue of section 17(1)(0 of the Pilotage Act 1913 shall, if in force immediately before the commencement of this Act, continue in force but—

• (a) may be revoked by byelaws made by the authority and confirmed by the Secretary of State ; and

• (b) shall not apply to services provided or to be provided after the date when charges first became payable by reference to a list made by the authority in pursuance of section 9 of the Merchant Shipping Act 1979 or section 14 of this Act.

Acts confirming pilotage orders

3

Any Act confirming a pilotage order made under an enactment repealed by this Act and in force immediately before the commencement of this Act may be repealed, altered or amended by a pilotage order made under this Act.

Penalties

4

Notwithstanding the repeal by this Act of section 13(4) of the Merchant Shipping Act 1979, that subsection (which makes transitional provision relating to the alteration, by virtue of subsections (1), (2) and (3) of that section, of punishments specified in the Pilotage Act 1913) continues to have effect in relation to the punishment for any offence committed before 1st January 1980 (being the date on which the provisions to which that subsection relates came into force).

Licences and certificates

5

Nothing in paragraph (a) of section 20(2) of this Act affects the validity or prevents the renewal of any pilotage certificate in force immediately before 4th July 1980 (the commencement date of paragraph 8(1)(b) of Schedule 2 to the Merchant Shipping Act 1979) in respect of a ship which is not registered under the law of a member State of the Economic Community.

6

Any licence or certificate granted under any enactment repealed by this Act shall, subject to the provisions of this Act, continue in force as if it had been made or granted under this Act.

Appointments etc.

7

Any officer appointed, any body elected or constituted and any office established under any enactment repealed by this Act shall continue and be deemed to have been appointed, elected, constituted or established, as the case may be, under this Act.

Sections 55(4) and 58(2)

8

Nothing in any order made in pursuance of section 55(4) or section 58(2) of this Act shall affect the operation of either of those sections in relation to any occurrence which took place before the coming into force of any such order.

Orders under sections 18(1), 22(4) and 27(1) of the Pilotage Act 1913

9

The repeal by this Act of sections 18(1), 22(4) and 27(1) of the Pilotage Act 1913 does not affect the operation of any order made under any of those provisions.

Periods of time

10

Where a period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if the corresponding provision of this Act had been in force when that period began to run.

SCHEDULE 3

The Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939

1

In section 4(4) of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 for the words "section thirty eight of the Pilotage Act 1913" there shall be substituted the words " section 45 of the Pilotage Act 1983 " .

The Merchant Shipping Act 1950

2

In section 7(1) of the Merchant Shipping Act 1950, the definition of " pilotage authority " shall be omitted.

The Hovercraft Act 1968

3

The enactments and instruments with respect to which provision may be made by an Order in Council under section 1(1)(h) of the Hovercraft Act 1968 shall include this Act and any instrument made under it.

The Finance Act 1971

4

In Part VI of Schedule 14 to the Finance Act 1971, the entry relating to the Pilotage Act 1913 shall be omitted.

The Offshore Petroleum Development (Scotland) Act 1975

5

In section 18 of the Offshore Petroleum Development (Scotland) Act 1975 for paragraph (c) there shall be substituted the following paragraph—

(c) the Pilotage Act 1983 ;

The Customs and Excise Management Act 1979

6

In Part I of the Table in Schedule 4 to the Customs and Excise Management Act 1979 the entry relating to the Pilotage Act 1913 shall be omitted.

The Merchant Shipping Act 1979

7

In section 50(2) of the Merchant Shipping Act 1979 in the definition of " the Merchant Shipping Acts " after the word " 1977 " there shall be inserted the words " and the Pilotage Act 1983 " .

The Justices of the Peace Act 1979

8

In section 33(3) of the Justices of the Peace Act 1979 in paragraph (b) for the words " section 28 of the Pilotage Act 1913 " there shall be substituted the words " section 26 of the Pilotage Act 1983 " .

The Magistrates' Courts Act 1980

9

In Part III of Schedule 6 to the Magistrates' Courts Act 1980 in paragraph 4 for the words " section 28 of the Pilotage Act 1913 " there shall be substituted the words " section 26 of the Pilotage Act 1983 " .

The Finance Act 1980

10

In section 35(4) of the Finance Act 1980 for the words " section 17(1)(j) of the Pilotage Act 1913 " there shall be substituted the words " section 15(1)(i) of the Pilotage Act 1983 " .

The Oil and Gas (Enterprise) Act 1982

11

In section 27(2)(a) of the Oil and Gas (Enterprise) Act 1982 after the word " 1979" there shall be inserted the words " the Pilotage Act 1983, " .

SCHEDULE 4