Pilotage Act 1987

• (2) The authority shall accept, as sufficient evidence of such knowledge and ability, appropriate experience gained in an EEA State ... by a person applying for authorisation (“the applicant”).

• (3) For the purposes of this paragraph, “appropriate experience” means any of the following—

• (a) the fact that the applicant has worked in pilotage in either a self employed capacity or as manager of an undertaking, for at least six consecutive years during a period ending not more than ten years before the date on which his application for authorisation is made;

• (b) where the applicant proves that he has had at least three years' prior training, the fact that he has worked in pilotage in either a self employed capacity or as manager of an undertaking for at least three consecutive years;

• (c) where the applicant proves that he has worked in pilotage in an employed capacity, for at least five years during a period ending not more than ten years before the date on which his application for authorisation is made, the fact that he has worked in pilotage in a self employed capacity for three consecutive years during the same period;

• (d) where the applicant proves that he has received at least three years' prior training, the fact that he has worked in pilotage for at least five consecutive years in a managerial capacity, of which at least three years were spent in technical posts with responsibility for one or more departments of the undertaking.

• (4) Where an applicant has worked as mentioned in sub-paragraph (3)(b) or (d) and has received at least two years', but less than three years', prior training, he is to be treated as falling within the criteria in that sub-paragraph if the time he has spent working and the time during which he has received prior training, when taken together, equal—

• (a) in relation to sub-paragraph (3)(b), at least six years; and

• (b) in relation to sub-paragraph (3)(d), at least eight years.

6

• (1) The competent harbour authority shall accept as proof of any of the matters mentioned in paragraph 5(3), other than proof of the prior training mentioned in paragraph 5(3)(b) and (d), a certificate concerning the nature and duration of the activity in question and issued by—

• (a) a competent harbour authority; or

• (b) the competent authority of the EEA State from which the applicant comes.

• (2) For the purpose of proof of the prior training mentioned in paragraph 5(3)(b) and (d), that training must be either—

• (a) attested to by a certificate which is nationally recognised in the EEA State in which it was obtained (“a training certificate”); or

• (b) regarded by a competent professional or trade body of an EEA State ... as fully satisfying that body’s requirements.

• (3) Where the applicant holds a certificate which—

• (a) is nationally recognised in the EEA State in which it was obtained; and

• (b) attests to knowledge and ability equivalent to at least three years of professional training in pilotage,

that certificate may be treated by the competent harbour authority in the same way as a training certificate.

• (4) For the purposes of paragraphs (a) and (b) of paragraph 5(3), a person shall be regarded as having worked in pilotage as manager of an undertaking if he has so worked—

• (a) as a manager of an undertaking or a manager of a branch of an undertaking;

• (b) as a deputy to the proprietor or the manager of an undertaking where that post involves responsibility equivalent to that of the proprietor or manager represented; or

• (c) in a managerial post with duties of a commercial or technical nature and with responsibility for one or more departments of the undertaking.

7

• (1) This paragraph applies where—

• (a) a competent harbour authority requires persons who apply for authorisation to furnish proof of their good character or proof that they are not and have not previously been declared bankrupt; and

• (b) a person applying for authorisation (“the applicant”) is a national of an EEA State ....

• (2) The competent harbour authority shall accept, as sufficient evidence that such a requirement is satisfied by the applicant—

• (a) an extract from the judicial record of the EEA State of which the applicant is a national or from which he comes, showing that the requirement is satisfied; or

• (b) failing this, an equivalent document issued by a competent judicial or administrative authority in the EEA State of which he is a national or from which he comes, showing that there requirement is satisfied,

which in either case complies with sub-paragraph (3).

• (3) The extract or equivalent document must have been issued within the period of three months ending with the date on which it is produced to the competent harbour authority.

8

• (1) This paragraph applies where—

• (a) a competent harbour authority imposes requirements as to the good character of persons who apply for authorisation and requires such persons to prove that they are not and have not previously been declared bankrupt and have not previously been the subject of professional or administrative disciplinary measures; and

• (b) a person applying for authorisation (“the applicant”) is a national of an EEA State ....

• (2) If proof of such requirements cannot be obtained from a document such as mentioned in paragraph 7, the competent harbour authority shall accept, as sufficient evidence that such a requirement is satisfied by the applicant, a certificate which—

• (a) is issued by a competent judicial or administrative authority in the EEA State of which the applicant is a national or from which he comes, attesting that the requirement is satisfied;

• (b) relates to the specific facts regarded by the authority as relevant; and

• (c) complies with sub-paragraph (3).

• (3) The certificate must have been issued within the period of three months ending with the date on which it is produced to the competent harbour authority.

9

• (1) This paragraph applies in a case to which either paragraph 7 or 8 applies, where the EEA State of which the applicant is a national or from which he comes does not issue the document in question mentioned in the relevant paragraph.

• (2) Subject to sub-paragraph (3), the competent harbour authority shall accept, as sufficient evidence of the satisfaction of a requirement mentioned in paragraph 7(1)(a) or 8(1)(a), a declaration that the relevant requirement is satisfied, which—

• (a) is made by the applicant before a competent judicial or administrative authority, or a notary in the relevant EEA State; and

• (b) complies with sub-paragraph (4).

• (3) The competent harbour authority shall also accept, as sufficient evidence of the satisfaction of a requirement in paragraph 7 or 8 to prove no previous bankruptcy, a declaration of no previous bankruptcy, which,—

• (a) is made by the applicant before a competent professional or trade body in the relevant EEA State; and

• (b) complies with sub-paragraph (5).

• (4) The declaration mentioned in sub-paragraph (2) must—

• (a) be a declaration on oath or, in an EEA State where there is no provision for declaration on oath, be a solemn declaration;

• (b) have been made within the period of three months ending with the date on which it is produced to the competent harbour authority; and

• (c) be accompanied by a certificate issued by the relevant authority or notary and attesting to the authenticity of the declaration.

• (5) The declaration mentioned in sub-paragraph (3) must—

• (a) be a declaration on oath or, in an EEA State where there is no provision for declaration on oath, be a solemn declaration; and

• (b) have been made within the period of three months ending with the date on which it is produced to the competent harbour authority.

10

• (1) This paragraph applies where a competent harbour authority requires persons applying for authorisation or authorised persons to provide proof of financial standing.

• (2) The authority shall regard certificates issued by banks in an EEA State of which such a person is a national or from which such a person comes, as equivalent to those issued by banks in the United Kingdom.

11

• (1) This paragraph applies where a competent harbour authority requires persons applying for authorisation or authorised persons to provide proof that they are insured against the financial risks arising from their professional liability.

• (2) The authority shall accept, as equivalent to a certificate issued by an insurance undertaking of the United Kingdom, a certificate which is issued—

• (a) by an insurance undertaking of an EEA State ...; and

• (b) within the period of three months ending with the date on which it is produced to the competent harbour authority.

Editorial notes

Temporary procedure for resolving disputes as to terms of employment.

Transitional and consequential provisions and repeals.

Procedure on orders under section 1

1A

• (1) Where the Scottish Ministers propose to make an order under section 1 above (other than under subsection (4)or (4B) of that section), they must before doing so—

• (a) publish a notice—

• (i) in a newspaper circulating in the area in which the provisions of the order will have most effect;

• (ii) in the Edinburgh Gazette; and

• (iii) in such other publication as seems to them appropriate; and

• (b) send a copy of the notice to such persons as they consider may be affected by the order.

• (2) Where the Scottish Ministers propose to make an order under subsection (4) of section 1 above, the harbour authority which made application under that subsection must, before the order is made—

• (a) publish a notice—

• (i) in a newspaper circulating in the area in which the provisions of the order will have most effect;

• (ii) in the Edinburgh Gazette; and

• (iii) in such other publication as may be directed by the Scottish Ministers; and

• (b) send a copy of the notice—

• (i) to such persons as they consider may be affected by the order; and

• (ii) to such other persons as the Scottish Ministers may direct.

• (3) A notice under subsection (1) or (2) above must—

• (a) contain a summary of the contents of the proposed order;

• (b) specify a place where a copy of the proposed order (and of any related map or plan) is available for public inspection; and

• (c) provide details as to the making to the Scottish Ministers of objections to the proposed order by a date specified in the notice (that date being no less than 42 days after the first date of publication of the notice in terms of paragraph (a)(i) of subsection (1) or (2) above).

• (4) Where a harbour authority affected by the proposed order makes an objection to the Scottish Ministers by the date specified in the notice, the Scottish Ministers shall arrange for the objection to be considered—

• (a) at a public local inquiry; or

• (b) at a hearing before a person appointed by them.

• (5) Where the Scottish Ministers receive any other objection by the date specified in the notice and they do not consider the objection to be frivolous or trivial, they shall arrange for the objection to be considered—

• (a) at a public local inquiry;

• (b) at a hearing before a person appointed by them; or

• (c) by way of written representations.

• (6) Subsections (2) and (4) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) (attendance and evidence at, and expenses of, inquiries) apply to an inquiry held under subsection (4)(a) or (5)(a) above as they apply to a local inquiry under that Act.

• (7) Subsections (6) to (8) of section 210 of the Local Government (Scotland) Act 1973 apply to a hearing held under subsection (4)(b) or (5)(b) above as they apply to a local inquiry under that Act.

• (8) The Scottish Ministers are to have regard to—

• (a) a report by the person conducting any inquiry or hearing under subsection (4) or (5) above; and

• (b) any written representations in terms of subsection (5)(c) above,

before deciding whether or not to make the proposed order (with or without modifications).

• (9) After an order has been made, the Scottish Ministers or, where the order is made under subsection (4) of section 1 above, the harbour authority which made application under that subsection must—

• (a) publish a notice—

• (i) in a newspaper circulating in the area in which the provisions of the order will have most effect; and

• (ii) in the Edinburgh Gazette; and

• (b) send a copy of the notice to—

• (i) any person to whom a copy notice was sent under paragraph (b) of subsection (1) or (2) above, as the case may be;

• (ii) any person whose objection was considered at an inquiry or hearing under subsection (5) above; and

• (iii) any other person whom the Scottish Ministers consider appropriate.

• (10) A notice under subsection (9) above must—

• (a) state that the order has been made;

• (b) specify the date on which it comes into force; and

• (c) specify a place where a copy of the order is available for public inspection.

Authorisation of pilots.

Employment etc. of authorised pilots.

8A

• (1) A competent harbour authority may by written notice suspend or revoke a person's pilotage exemption certificate in the following cases.

• (2) Case 1 is where an event has occurred as a result of which the authority is no longer satisfied of the matters specified in section 8(1)(a).

• (3) Case 2 is where the authority thinks that the person has provided false information to the authority as to any of those matters.

• (4) Case 3 is where the authority thinks that the person has been guilty of professional misconduct while piloting a ship.

• (5) Case 4 is where—

• (a) pilotage notification was given under section 15(4)(b) in reliance on the person's certificate, and

• (b) in the event, the pilotage was carried out by a person who was neither an authorised pilot nor acting in accordance with a pilotage exemption certificate.

8B

• (1) The maximum period for which a pilotage exemption certificate may be suspended is 28 days.

• (2) But if a harbour authority has suspended a person's certificate and is considering whether to revoke it, the authority may by written notice extend the suspension for a single period of up to 28 days.

• (3) A suspended certificate may be revoked (on the same or different grounds).

• (4) Before revoking a person's certificate a harbour authority must—

• (a) give the person written warning, stating the reasons for the proposed revocation, and

• (b) allow the person a reasonable opportunity to make representations.

• (5) A competent harbour authority which has suspended or revoked a certificate may pay compensation to any person who has suffered, or is likely to suffer, loss as a result.

Transitional and consequential provisions and repeals.

Scope of Schedule and interpretation

Formal qualifications

Professional training and experience

Proof of professional training and experience

Proof of professional training and experience

Proof of other matters

Person intending to act in a self-employed capacity or as manager of an undertaking

Proof of other matters

Transitional and consequential provisions and repeals.

Scope of Schedule and interpretation

Person intending to act in a self-employed capacity or as manager of an undertaking

Consideration of application to which paragraph 2 or 3 applies, and appeals

Proof of professional training and experience

Proof of other matters