PART I

Administration

Supplementary Provisions as to Licences and Certificates

Appeal to Secretary of State by pilot, master or first mate, against action of pilotage authority
25
1
If a complaint is made to the Secretary of State that a pilotage authority have—
a
without reasonable cause refused or failed to examine any candidate for a pilot's licence, or a master or first mate for a pilotage certificate, or to grant such a licence or certificate after examination ; or
b
conducted any examination for a pilot's licence or a pilotage certificate improperly or unfairly; or
c
imposed conditions on the granting of a pilot's licence or a pilotage certificate which they have no power to impose or which are unreasonable ; or
d
without reasonable cause refused or failed to renew a pilotage certificate, or, having obtained possession of any such certificate, refused or failed to return it; or
e
without reasonable cause suspended or revoked a pilotage certificate; or
f
in any other manner failed properly to perform their duties under this Act with respect to the matters above-mentioned in this section, or improperly exercised any of their powers under this Act with respect to those matters;
the Secretary of State shall consider the complaint, and if he is of the opinion that the complaint is in any respect well founded, shall make such order as he thinks fit for the purpose of redressing the matter complained of, and the pilotage authority shall give effect to any order so made by the Secretary of State.
2
The Secretary of State may—
a
before he considers a complaint as required by subsection (1) above, ask the Commission for its advice on the complaint; and
b
when considering the complaint as so required, have regard to the Commission's advice on the complaint.
3
For the purposes of subsection (1)(a) above a pilotage authority shall have reasonable cause for refusing or failing to grant a pilotage certificate if by virtue of section 21 of this Act the authority are not obliged to grant it.
4
If a pilotage authority refuse or fail to give effect to any order of the Secretary of State under subsection (1) above, the Secretary of State may, for the purpose of giving effect to the order, exercise any powers of the pilotage authority, and anything done by the Secretary of State in the exercise of those powers shall have the same effect as if it had been done by the pilotage authority.