Marine Navigation Act 2013

Pilotage

1 Power to remove harbour authorities’ pilotage functions

(1) In section 1 of the Pilotage Act 1987 (meaning of “competent harbour authority”) after subsection (4) insert—

“(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.”

(2) For subsection (5) of that section (power to revoke or amend where circumstances change) substitute—

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

(3) In subsection (7) of that section (procedure for certain orders) for “this section” substitute “subsection (3) or (4)”.

(4) After subsection (8) of that section insert—

“(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.”

(5) In section 1A(1) (procedure for certain orders: Scotland) after “other than subsection (4)” insert “or (4B)”.

2 Pilotage exemption certificates: grant

(1) In section 8(1) of the Pilotage Act 1987 (grant)—

(a) for “the master or first mate” substitute “a deck officer”, and

(b) in paragraph (a) for “master or first mate” substitute “a deck officer”.

(2) In section 8(5)(a) (renewal) for “the master or first mate of a ship” substitute “a deck officer of a ship”.

(3) In sections 10(3), 15(1)(b) and 20(1)(a) (pilotage charges, compulsory pilotage and boarding facilities for pilots) for “master or first mate” substitute “deck officer”.

(4) In section 31(1) (interpretation) at the appropriate place insert—

• ““deck officer”, in relation to a ship, includes the master and first mate;”.

3 Pilotage exemption certificates: suspension and revocation

(1) After section 8 of the Pilotage Act 1987 insert—

“8A Pilotage exemption certificates: suspension and revocation

(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 Section 8A: supplementary

(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.”

(2) In section 8—

(a) omit subsection (6) (revocation and suspension of certificates), and

(b) in subsection (7) (notice) omit “or suspending or revoking a certificate held by any person”.

4 Pilotage notification

For section 15(3) of the Pilotage Act 1987 (notification by master navigating ship) substitute—

“(3) The master of a ship commits an offence if—

(a) the ship is navigated in an area in which a pilotage direction applies to it, and

(b) the competent harbour authority which gave the direction has not been given pilotage notification.

(4) Pilotage notification is notification that the ship will be navigated in an area in which a pilotage direction will apply to it and—

(a) that an authorised pilot is required to pilot the ship, or

(b) that an authorised pilot is not required because the ship will be piloted by a specified person acting in accordance with a pilotage exemption certificate.

(5) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.”