Pilotage Act 1987

Part I — Pilotage Functions of Competent Harbour Authorities

Preliminary

Meaning of "competent harbour authority" and "harbour"

1

• (1) Subject to the following provisions of this section, in this Act “competent harbour authority” means any harbour authority—

• (a) which has statutory powers in relation to the regulation of shipping movements and the safety of navigation within its harbour; and

• (b) whose harbour falls wholly or partly within an active former pilotage district;

and references to a harbour authority’s harbour are to the area or areas inside the limits of which its statutory powers and duties as a harbour authority are exercisable but, where there are two or more separate such areas, include only those areas which fall wholly or partly within an active former pilotage district.

• (2) In this Act any reference to a former pilotage district is to a district which was a pilotage district within the meaning of the Pilotage Act 1983 immediately before the day appointed for the coming into force of this Part of this Act (“the appointed day”) and for the purposes of subsection (1) above such a district is an active district if—

• (a) at least one act of pilotage was performed there in 1984, 1985, 1986 or 1987 in respect of which information was given by the pilotage authority for the district in a return made by it under section 19 of that Act; or

• (b) a certificate granted under section 20 of that Act (masters’ and first mates’ pilotage certificates) was in force in respect of the district at any time in any of those years in respect of which information was so given.

• (3) If the Secretary of State considers that in the interests of efficiency and safety of navigation a competent harbour authority should exercise pilotage functions both as respects its harbour and another area, he may by order provide—

• (a) that this Act shall apply to that authority as if its harbour included that other area; and

• (b) in a case where the other area is or falls within the harbour of another competent harbour authority, that that other authority shall not be a competent harbour authority for the purposes of this Act.

• (4) A harbour authority which is not a competent harbour authority may apply to the Secretary of State to be treated for the purposes of this Act as such an authority and on such an application the Secretary of State may by order provide that the applicant shall be a competent harbour authority for the purposes of this Act.

• (4A) A harbour authority in England or Wales is not a competent harbour authority for the purposes of this Act while it is specified in an order of the Secretary of State under this subsection.

• (4B) A harbour authority in Scotland is not a competent harbour authority for the purposes of this Act while it is specified in an order of the Scottish Ministers under this subsection.

• (5) An order under this section may be amended or revoked by further order.

• (6) The Secretary of State shall maintain a list of the authorities which are for the time being competent harbour authorities for the purposes of this Act.

• (7) Before making an order under subsection (3) or (4) the Secretary of State shall inform the persons he considers may be affected by the order of the terms of the proposed order and that they may within such reasonable period as he may specify object to the making of the order by giving him notice in writing.

• (8) Where any person has duly objected under subsection (7) above to the making of a proposed order and has not withdrawn his objection, then if the Secretary of State makes an order in that form (or a substantially similar form) it shall be subject to special parliamentary procedure, and the Statutory Orders (Special Procedure) Act 1945 shall have effect accordingly, but as if—

• (a) sections 2 and 10(2) of that Act (which relate to preliminary proceedings) were omitted; and

• (b) that Act extended to Northern Ireland and, in the application of section 7(3) of that Act to Northern Ireland, for any reference to a local authority and the Secretary of State there were substituted respectively a reference to a district council and the Department of the Environment for Northern Ireland.

• (8AA) Before making an order under subsection (4A) or (4B) the person making the order must consult—

• (a) any harbour authority to which the order would apply, and

• (b) anyone else who the person making the order thinks appropriate.

• (8B) An order under this section may include transitional, consequential, incidental or supplemental provision.

• (9) For the purposes of subsection (1) above “harbour authority” does not include—

• (a) any authority excluded by virtue of section 58 of the Harbours Act 1964 from being taken as a harbour authority for the purposes of that Act;

• (b) a Queen’s harbour master; or

• (c) any own account operator.

• (10) For the purposes of subsection (1)(a) above powers exercisable by the harbour master for a harbour shall be taken to be exercisable by the harbour authority which appointed him.

• (11) In this section “own account operator” means a statutory harbour undertaker within the meaning of section 42 of the Harbours Act 1964 or a harbour authority within the meaning of the Harbours Act (Northern Ireland) 1970 whose activities in the harbour in question relate wholly or mainly to ships resorting to the harbour wholly or mainly for the purpose of bringing or receiving goods which—

• (a) have been manufactured or produced by the statutory harbour undertaker or, as the case may be, the harbour authority or any connected person; or

• (b) are to be used by him or any connected person for the manufacture or production of goods or electricity;

and for the purposes of this subsection a person is connected with a statutory harbour undertaker or, as the case may be, harbour authority, if he is a holding company or subsidiary of the undertaker, or authority, or a member of a consortium the members of which between them own, directly or indirectly, more than half the issued share capital of the undertaker or authority.

Provision of pilotage services

General duties as to provision of pilotage services

2

• (1) Each competent harbour authority shall keep under consideration—

• (a) whether any and, if so, what pilotage services need to be provided to secure the safety of ships navigating in or in the approaches to its harbour; and

• (b) whether in the interests of safety pilotage should be compulsory for ships navigating in any part of that harbour or its approaches and, if so, for which ships and in which circumstances and what pilotage services need to be provided for those ships.

• (2) Without prejudice to the generality of subsection (1) above, each competent harbour authority shall in performing its functions under that subsection have regard in particular to the hazards involved in the carriage of dangerous goods or harmful substances by ship.

• (3) Each competent harbour authority shall provide such pilotage services as it considers need to be provided as mentioned in subsection (1)(a) and (b) above.

Authorisation of pilots

3

• (1) Subject to subsections (1A) and (3) and section 4 below, a competent harbour authority may authorise such persons to act as pilots in or in any part of the area in relation to which its duty under section 2(1) above is exercisable as it considers are suitably qualified to do so; and such an authorisation shall specify the area within which it has effect and may specify that it only has effect in relation to ships of a particular description.

• (1A) In considering whether a person is suitably qualified—

• (a) to be authorised under subsection (1) above to act as a pilot—

• (i) in inland waters only; or

• (ii) in inland waters and other waters; or

• (b) to continue to be so authorised,

a competent harbour authority shall act in accordance with Schedule A1 to this Act (which makes provision about persons with qualifications obtained in EEA States ...).

• (2) The authority may determine the qualifications in respect of ... physical fitness, time of service, local knowledge, skill, character and otherwise to be required from persons applying for authorisation and provide for the examination of such persons; and different qualifications may be required from persons who immediately before the appointed day were the holders of licences under section 12 of the Pilotage Act 1983, time-expired apprentice pilots or recognised assistant pilots.

• (2A) Nothing in any determination made by a competent harbour authority under subsection (2) above shall permit the authority to act in such a way as to contravene Schedule A1 to this Act (which makes provision about persons with qualifications obtained in EEA States ...).

• (3) During the period of four years beginning with the appointed day a competent harbour authority shall not authorise any persons who were not immediately before the appointed day holders of full licences (that is to say, licences under that section other than licences for a limited period which are not renewable) unless the number of such persons applying to be authorised under this section who have the required qualifications falls short of the number the authority considers are required to be authorised.

• (4) If at any time during that period there is such a shortfall, the competent harbour authority shall not authorise any person who was not immediately before that day a time-expired apprentice pilot or a recognised assistant pilot unless the number of such apprentice and assistant pilots applying to be authorised who have the required qualifications also falls short of that number.

• (5) A competent harbour authority may suspend or revoke an authorisation granted by it under this section if it appears to it—

• (a) that the authorised person has been guilty of any incompetence or misconduct affecting his capability as a pilot;

• (b) that the authorised person has ceased to have the qualifications required from persons applying for authorisation by it under this section or has failed to provide evidence that he continues to have those qualifications;

• (c) that the number of persons for the time being authorised by it under this section exceeds the number required to be authorised; or

• (d) that it is appropriate to do so by virtue of the termination of any contract or other arrangement under which the services of pilots are provided within its harbour;

but the authorisation of a person who provides his services as a pilot under a contract for services may not be revoked by an authority by virtue of paragraph (c) above unless it gave him notice before the appointed day that the number of persons it proposed to authorise exceeded the number required to be authorised and it proposed to revoke his authorisation after allowing him a reasonable period from the appointed day to seek authorisation by another competent harbour authority.

• (6) Before suspending or revoking an authorisation under subsection (5)(a) or (b) above, a competent harbour authority shall give written notice of its intention to do so to the authorised person, stating the reasons for which it proposes to act, and shall give him a reasonable opportunity of making representations.

• (7) Where a competent harbour authority suspends or revokes an authorisation of any person by virtue of paragraph (c) or (d) of subsection (5) above, it shall give him notice in writing—

• (a) stating that the suspension or revocation was by virtue of that paragraph; and

• (b) specifying the duration of the authorisation in question and any previous authorisations granted to that person by the authority.

• (8) If any person who is not an authorised pilot for an area describes himself whilst he is in that area as being such a pilot or so holds himself out as to indicate or be reasonably understood to indicate that he is such a pilot, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (9) A person who is an authorised pilot for a harbour for which the competent harbour authority is a local authority shall not by reason of his holding any office or employment as a pilot be disqualified for being a member of any committee of that local authority with any functions in respect of which knowledge or experience relevant to pilotage is material or for being a representative of the local authority on a joint committee of the authority and another authority with such functions.

• (9A) A person who is an authorised pilot for a harbour for which the competent harbour authority is a local authority which are operating executive arrangements shall not by reason of his holding of any office or employment as a pilot be disqualified—

• (a) for being a member of the executive of the local authority where that executive is to any extent responsible for any function in respect of which knowledge or experience relevant to pilotage is material; or

• (b) for being a member of a committee of the executive of the local authority with any functions in respect of which knowledge or experience relevant to pilotage is material.

• (10) In this section—

• “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;

• “local authority” means—in England and Wales, a local authority within the meaning of the Local Government Act 1972;in Scotland, a local authority within the meaning of the Local Government (Scotland) Act 1973; andin Northern Ireland, a district council;

• “time-expired apprentice pilot” means a person who has served the full term of his apprenticeship as a pilot but is not the holder of a licence under section 12 of the Pilotage Act 1983;

• “recognised assistant pilot” means a person who acts as an assistant to pilots in a pilotage district and is recognised as such an assistant by the pilotage authority for the district but is not the holder of such a licence.

Employment etc. of authorised pilots

4

• (1) Subject to subsection (2) below, a competent harbour authority may make such arrangements as it considers appropriate for the provision of the services of authorised pilots in the area in relation to which its duty under section 2(1) above is exercisable (whether under a contract of employment or a contract for services).

• (2) A competent harbour authority shall offer to employ under a contract of employment any person it authorises under section 3 above who is not already employed by it under such a contract (“the new pilot”) unless—

• (a) a majority of the relevant licence holders have agreed during the period beginning six months and ending three months before the appointed day that it need not do so; or

• (b) a majority of the relevant authorised pilots have agreed on or after that day that it need not do so.

• (3) For the purposes of subsection (2) above—

• “relevant licence holders” means—

• (a) in the case of a competent harbour authority whose harbour falls within more than one former pilotage district, the persons who at the time of the agreement were holders of full licences (within the meaning of section 3(3) above) for the pilotage district in which the area for which the new pilot is authorised falls;

• (b) in the case of a competent harbour authority whose harbour falls within a former pilotage district in which another such authority’s harbour also falls, the persons who at that time were holders of such licences for that district and, in the opinion of the Pilotage Commission, were then regularly providing their services as pilots within the part of the district in which the first-mentioned authority’s harbour is situated;

• (c) in any other case, all the persons who at that time were the holders of such licences for the former pilotage district in which the competent harbour authority’s harbour falls; and

• “relevant authorised pilots” means—in the case mentioned in paragraph (a) above, the persons who at the time of the agreement are authorised pilots for the area for which the new pilot has been authorised; andin any other case the persons who at that time are authorised pilots for the harbour of the authority.

• (4) A competent harbour authority may refuse to authorise any person who is not willing to provide his services as a pilot in accordance with the arrangements made for the provision of such services in its area.

• (5) A competent harbour authority may pay into any pilots’ benefit fund established under paragraph (i) of section 15(1) of the Pilotage Act 1983 such contributions as may be required by the rules governing that fund in respect of any authorised pilot providing his services under such arrangements as mentioned in subsection (1) above.

Temporary procedure for resolving disputes as to terms of employment

5

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) The preceding provisions of this section shall cease to have effect on such date (not being earlier than the expiry of the period of three years beginning with the appointed day) as the Secretary of State may by order prescribe, but no such order shall affect the terms of any contract continuing in force at that date.

Pilot boats

6

• (1) Ships regularly employed in pilotage services provided by or on behalf of any competent harbour authority (in this Act referred to as “pilot boats”) shall—

• (a) if they are operated by the authority, be approved by the authority; and

• (b) otherwise be licensed by it;

and the authority shall not approve or license any ship under this subsection unless it is satisfied that it is suitable for use as a pilot boat.

• (2) A competent harbour authority shall make such other provision as it considers necessary for the operation of pilot boats.

Compulsory pilotage

Pilotage directions

7