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Merchant Shipping Act 1979

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This is the original version (as it was originally enacted).

10Refusal and cancellation of pilotage certificates

— (1) A pilotage authority shall not be obliged to grant a pilotage certificate if the Commission considers—

(a)that without the certificate the number of persons holding pilots' licences for the authority's district and the number of persons holding pilotage certificates for the district are appropriate for the district; or

(b)that if the certificate were granted functions by virtue of it would probably be performed wholly or mainly in a particular area in the authority's district and that without the certificate the number of persons holding pilots' licences by virtue of which functions are performed wholly or mainly in that area and the number of persons holding pilots' certificates by virtue of which functions are so performed are adequate for the area;

and accordingly, for the purposes of paragraph (a) of section 27(1) of the Pilotage Act 1913 (which among other things enables a complaint to be made to the Secretary of State if an authority have refused or failed to grant a pilotage certificate without reasonable cause) a pilotage authority shall have reasonable cause for refusing or failing to grant a pilotage certificate if by virtue of this subsection the authority are not obliged to grant it.

(2)If—

(a)a majority of the persons holding pilots' licences for the district of a pilotage authority ; or

(b)a majority of the persons who hold pilots' licences for the district of a pilotage authority and appear to the Commission to perform functions by virtue of the licences wholly or mainly within a particular area in the district,

make representations in writing to the Secretary of State, within the period of two months beginning with the day when a pilotage certificate is granted by the authority, requesting him to revoke the certificate—

(i)on the ground, in the case of a request by a majority mentioned in paragraph (a) above, that apart from the holder of the certificate the number of persons holding pilots' licences for the district and the number of persons holding pilotage certificates for the district are in the opinion of the Commission appropriate for the district; or

(ii)on the ground, in the case of a request by a majority mentioned in paragraph (b) above, that in the opinion of the Commission the holder of the certificate is likely to perform functions by virtue of the certificate wholly or mainly within the area in question and that, apart from him, the number of persons who hold pilots' licences by virtue of which functions are in the opinion of the Commission performed wholly or mainly in that area and the number of persons who hold pilotage certificates by virtue of which functions are in the opinion of the Commission so performed are in the opinion of the Commission appropriate for that area, the Secretary of State may, after giving to the holder of the certificate and the authority an opportunity of making representations in writing to him about the request, give to the holder a notice in writing revoking the certificate; and the certificate shall cease to have effect when the holder receives the notice.

(3)The Secretary of State may, by an order made after the expiration of the period of ten years beginning with the date when this section comes into force, repeal subsections (1) and (2) of this section; and such an order may contain such transitional provisions as the Secretary of State considers are appropriate in connection with the repeal.

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