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Merchant Shipping Act 1979

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This is the original version (as it was originally enacted).

8Compulsory pilotage

(1)In section 11 of the Pilotage Act 1913 (which relates to compulsory pilotage)—

(a)in subsection (2) (which provides that if a ship is not under pilotage as required by that section the master of it shall be liable to a fine not exceeding double the amount of the pilotage dues that could be demanded for the conduct of the ship) after the word " liable " there shall be inserted the words

on summary conviction

and for the words " could be demanded for the conduct of the ship " there shall be substituted the words

(disregarding any increase in the dues attributable to failure to comply with the requirements of byelaws in force in the district about requests for pilots) would have been payable in respect of the ship if it had been under pilotage as so required;

(b)subsection (3)(b) (which provides that pleasure yachts are excepted ships) and subsections (4) and (5) (which enable byelaws to provide that ships mentioned in those subsections shall be excepted ships) shall cease to have effect; and

(c)at the end of paragraph (c) of subsection (3) (which provides that fishing vessels are excepted ships) there shall be inserted the words

of which the registered length is less than 47.5 metres;

but nothing in the preceding provisions of this subsection or in any repeal by this Act of a provision of the said section 11 affects that section as set out in subsection (3) of this section.

(2)Any byelaws which, immediately before the preceding subsection comes into force, were in force by virtue of subsection (4) of the said section 11 shall continue in force thereafter and may be revoked as if the said subsection (4) were still in force.

(3)For the said section 11 as amended by subsection (1) of this section there shall be substituted the following section—

11(1)Subject to subsection (3) of this section, a ship which is being navigated in a pilotage district in circumstances which the Pilotage Order for the district specifies as circumstances in which pilotage in the district is compulsory shall be—

(a)under the pilotage of a licensed pilot of the district who, in any such case as is specified in byelaws made under this Act by the pilotage authority for the district, is accompanied by an assistant who is also a licensed pilot of the district or, if the byelaws so provide, has a qualification specified in the byelaws ; or

(b)under the pilotage of a master or first mate who possesses a pilotage certificate for the district and is bona fide acting as master or first mate of the ship.

(2)Without prejudice to the generality of the preceding subsection but subject to the following subsection, a ship which is being navigated in a port in a pilotage district at a time when—

(a)there is a defect in its hull, machinery or equipment which might affect materially the navigation of the ship; and

(b)the pilotage authority for the district have, at the request of the body managing or regulating the port, given notice to the master of the ship stating that the ship is to be under pilotage,

shall be under such pilotage as is mentioned in paragraph

(a)or (b) of the preceding subsection.

(3)The preceding provisions of this section shall not apply to a ship belonging to Her Majesty, and a pilotage authority may by byelaws under this Act provide that a ship which is of a kind described in the byelaws by reference to its type, size or cargo shall not be required by virtue of the Pilotage Order for the authority's district to be under such pilotage as is mentioned in subsection (1) of this section; and in this Act " excepted ship " means, in relation to a pilotage district, a ship belonging to Her Majesty and any other ship of a kind described in byelaws made by virtue of this subsection by the pilotage authority for the district.

(4)If any ship is not under pilotage as required by subsection (1) or (2) of this section, and either—

(a)the master of the ship has not complied with the requirements of byelaws made under this Act, by the pilotage authority for the district in question, about requests for pilots ; or

(b)a licensed pilot of the district has offered to take charge of the ship,

then, subject to the following subsection, the master of the ship shall be guilty of an offence and liable on summary conviction to a fine not exceeding whichever of the following is the greater, namely, one thousand pounds or double the amount of the pilotage dues which would have been payable in respect of the ship if it had been under pilotage as so required and, where the master has not complied as aforesaid, if he had so complied.

(5)It shall be a defence in proceedings for an offence under the preceding subsection to prove that on the occasion to which the charge relates the ship was being navigated in the pilotage district in question only so far as was necessary to avoid serious danger to the ship.

(4)Without prejudice to the generality of subsection (2) of section 52 of this Act, an order in pursuance of that subsection which brings the preceding subsection into force may provide that it shall come into force in relation only to such pilotage districts as are specified in the order.

(5)The Secretary of State may by order provide that the provisions of the Pilotage Act 1913 relating to compulsory pilotage shall, notwithstanding anything in section 12 of that Act (which provides that those provisions are not to apply to certain craft while they are employed and navigating as mentioned in that section), apply to such of the craft so mentioned as are specified in the order.

(6)Section 13 of the Pilotage Act 1913 (which provides for a ship to be exempt from compulsory pilotage in a district if it is there for the purpose of taking or landing a pilot from another district) and section 14 of that Act (which relates to the defence of compulsory pilotage and is spent) shall cease to have effect.

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