Part I

Pilotage Functions of Competent Harbour Authorities

Charging by authorities

Pilotage charges.
10
1
A competent harbour authority may make reasonable charges in respect of the pilotage services provided by it.
2
Without prejudice to the generality of subsection (1) above, the charges to be made under that subsection may include—
a
charges for the services of a pilot authorised by the authority;
b
charges in respect of any expenses reasonably incurred by such a pilot in connection with the provision of his services as a pilot;
c
charges by way of penalties payable in cases where the estimated time of arrival or departure of a ship is not notified as required by the authority or the ship does not arrive or depart at the notified time;
d
charges in respect of the cost of providing, maintaining and operating pilot boats for the area; and
e
charges in respect of any other costs involved in providing and maintaining the pilotage organisation provided by the authority.
3
A competent harbour authority which has given a pilotage direction may also make reasonable charges in respect of any ship navigating within the area to which the direction applies under the pilotage of a deck officer who is the holder of a pilotage exemption certificate in respect of the area and ship in question.
4
Different charges may be made under this section in different circumstances.
5
A competent harbour authority shall arrange for the charges to be made by it under this section to be published in such manner as to bring them to the notice of those persons likely to be interested.
6
Subsections (2) to (12) of section 31 of the Harbours Act 1964, or in Northern Ireland subsections (1) and (3) to (11) of section 7 of the Harbours Act (Northern Ireland) 1970, (right of objection to ship, passenger and goods dues) shall apply as respects charges imposed by an authority by virtue of this section as they apply as respects charges to which section 31 or, as the case may be, section 7 applies but—
a
with the substitution for the references to the persons mentioned in section 31(2)(a) and (b) and (3)(b) or, as the case may be, section 7(1)(a) and (b) and (3)(b) of references to—
i
the owners of ships which customarily navigate in the harbour in question;
ii
any persons who carry on harbour operations within that harbour; and
iii
any other harbour authority to whose harbour ships obtain access through that harbour,
or, in any of those cases, persons representative of them; and
b
with the omission of section 31(2)(i) and (iii) or, as the case may be, 7(1)(i) and (iii).
7
Charges imposed by a competent harbour authority under this section shall be recoverable as a civil debt or in any other manner in which ship, passenger and goods dues are recoverable by the authority.
8
In subsection (7) above “ship, passenger and goods dues” has the same meaning as in the Harbours Act 1964 or, in Northern Ireland, the Harbours Act (Northern Ireland) 1970.
1964 c. 40.
1970 c. 1 (N.I.)
Words in s. 10(3) substituted (1.10.2013) by Marine Navigation Act 2013 (c. 23), ss. 2(3), 13; S.S.I. 2013/254, art. 2; S.I. 2013/1489, art. 3
S. 10(6): transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(f)(iii), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)