Marine Navigation Bill (HL Bill 81)

Pilotage

1 Competent harbour authorities

(1) Section 1 of the Pilotage Act 1987 (competent harbour authorities) is amended
as follows.

(2) 5After subsection (4) insert—

“(4A) A harbour authority in England or Wales is not a competent harbour
authority 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
10while it is specified in an order of the Scottish Ministers under this
subsection.”

(3) For subsection (5) (power to revoke or amend where circumstances change)
substitute—

“(5) An order under this section may be amended or revoked by further
15order.”

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

(5) After subsection (8) insert—

“(8A) Before making an order under subsection (4A) or (4B) the person
20making the order shall 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.”

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

2 5Qualifications required by pilots

(1) After section 3 of the Pilotage Act 1987 (authorisation of pilots) insert—

“3A Qualification regulations

(1) The appropriate national authority may by regulations (“qualification
regulations”) require an applicant for authorisation as a pilot under
10section 3(1) to have specified qualifications.

(2) A competent harbour authority may authorise a person as a pilot under
section 3(1) only if the person produces a certificate which—

(a) is issued by or on behalf of the appropriate national authority
under qualification regulations, and

(b) 15shows that the person has any qualification required by
qualification regulations.

(3) Qualifications may relate to physical fitness, knowledge, experience,
skill or any other matter.

(4) But a qualification may be required only if the appropriate national
20authority thinks it in the interests of safety.

(5) “Appropriate national authority” means—

(a) in relation to a harbour authority for a harbour in England or
Wales, the Secretary of State,

(b) in relation to a harbour authority for a harbour in Scotland, the
25Scottish Ministers, and

(c) n relation to a harbour authority for a harbour in Northern
Ireland, the Department for Regional Development.

3B Section 3A: supplemental

(1) Qualification regulations may make issue of a certificate conditional on
30payment of a specified fee.

(2) A certificate may be issued in reliance on either—

(a) an award made by a body specified in the regulations, or

(b) assessment carried out by a person specified in the regulations
following a process established by the regulations.

(3) 35In subsection (2)(a) “award” includes an award—

(a) whether granted for general purposes or for the purposes of this
section, and

(b) whether or not granted following an examination.

(4) Qualification regulations may require a qualification to be assessed, or
40may specify a qualification, by reference to a specified document.

(5) A reference to a document in reliance on subsection (4) may include a
reference to amendments of the document which are—

(a) made after the regulations come into force, and

(b) approved for the purposes of the regulations by the appropriate
national authority.

(6) Qualification regulations—

(a) may make provision generally or only for specified classes of
5case,

(b) may make different provision for different classes of case, and

(c) may include incidental or transitional provision.

(7) A person who knowingly or recklessly makes a false statement for the
purpose of obtaining a certificate under qualification regulations is—

(a) 10guilty of an offence, and

(b) liable on summary conviction to a fine not exceeding level 5 on
the standard scale.”

(2) In section 3(1) of the Pilotage Act 1987 for “section” substitute “sections 3A
and”.

3 15Pilotage 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
20applies 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) 25that 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) shall be liable on
30summary conviction to a fine not exceeding level 2 on the standard
scale.”

4 Exemption certificates: grant

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

(a) omit “who is bona fide the master or first mate of any ship”, and

(b) 35in paragraph (a) for “the ship of which he is master or first mate (or that
and any other ships specified in the certificate)” substitute “the ship or
ships specified in the certificate”.

(2) In section 8(5)(a) (renewal) omit “if the holder continues to be the master or first
mate of a ship,”.

(3) 40In sections 10(3), 15(1)(b) and 20(1) (pilotage charges, compulsory pilotage and
boarding facilities for pilots) for “master or first mate” substitute “person”.

5 Exemption certificates: suspension and revocation

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

“8A Pilotage exemption certificates: suspension and revocation

(1) 5A 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
10information 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
15reliance 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) 20The 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) 25A suspended certificate may be revoked (on the same or other
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) 30allow 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) 35In 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”.

Harbour authorities

6 40Directions by harbour authority

(1) After section 40 of the Harbours Act 1964 (use of harbour services and facilities)

insert—

“Harbour directions

40A Directions

(1) A designated harbour authority may give directions (“harbour
5directions”) in respect of ships—

(a) within their harbour, or

(b) entering or leaving their harbour.

(2) A harbour direction may relate to—

(a) the movement of ships;

(b) 10mooring or unmooring;

(c) equipment (including nature and use);

(d) the manning of ships.

(3) A harbour direction may require the master of a ship to provide
information to a specified person in a specified manner.

(4) 15“Designated harbour authority” means—

(a) a harbour authority for a fishery harbour in Wales who are
designated by order of the Welsh Ministers,

(b) a harbour authority for any other harbour in England or Wales
who are designated by order of the Secretary of State, and

(c) 20a harbour authority for a harbour in Scotland who are
designated by order of the Scottish Ministers.

(5) A harbour direction is subject to any direction under section 52 of the
Harbours, Docks and Piers Clauses Act 1847 (directions by harbour
master).

(6) 25A harbour authority may not give a harbour direction which conflicts
with an enactment.

(7) An order designating a harbour authority may amend or repeal any
statutory provision of local application which the person making the
order thinks is—

(a) 30inconsistent with the power to give harbour directions, or

(b) unnecessary as a result of the power.

40B Procedure

(1) Harbour directions must be in writing.

(2) Before giving harbour directions a harbour authority must consult such
35representatives of users of the harbour as the authority think
appropriate.

(3) A harbour authority shall make such arrangements as they think
appropriate for publicising a proposed harbour direction for at least 28
days before it is given.

(4) 40A harbour authority shall—

(a) make harbour directions available for inspection, and

(b) supply a copy to anyone who requests it.

(5) A harbour authority may charge for the supply of copies.

(6) As soon as is reasonably practicable after giving a harbour direction the
harbour authority shall publish a notice in a newspaper specialising in
shipping news—

(a) 5stating that a harbour direction has been given, and

(b) giving details of the arrangements for the inspection and supply
of copies of harbour directions.

40C Enforcement

(1) The master of a ship must ensure that harbour directions are complied
10with.

(2) Breach of subsection (1) without reasonable excuse is an offence.

(3) A person guilty of the offence is liable on summary conviction to a fine
not exceeding level 4 on the standard scale.

40D Supplemental

(1) 15Harbour directions—

(a) may make provision that applies generally or only in relation to
specified circumstances, areas, periods or descriptions of ship,
and

(b) may make different provision for different circumstances,
20areas, periods or descriptions of ship.

(2) Harbour directions may be varied or revoked by subsequent harbour
directions.

(3) In section 40A—

• “mooring” includes casting anchor, and

• 25“unmooring” includes weighing anchor.”

(2) In section 57(1) (interpretation) insert at the appropriate place—

• ““master”, in relation to a ship, means the person who has
  command or charge of the ship for the time being;”.

7 Qualifications required by harbour masters

(1) 30After section 42 of the Harbours Act 1964 insert—

“Harbour masters

42A Qualification regulations

(1) The Secretary of State may by regulations (“qualification regulations”)
specify qualifications required by harbour masters for harbours in
35England or Wales.

(2) The Scottish Ministers may by regulations (“qualification regulations”)
specify qualifications required by harbour masters for harbours in
Scotland.

(3) A harbour authority may appoint a person as a harbour master only if
40the person produces a certificate which—

(a) is issued by or on behalf of the Secretary of State or the Scottish
Ministers under qualification regulations, and

(b) shows that the person has any qualification required by
qualification regulations.

(4) 5Qualifications may relate to physical fitness, knowledge, experience,
skill or any other matter.

(5) But a qualification may be required only if the Secretary of State or the
Scottish Ministers think it in the interests of safety.

(6) “Harbour master” includes a dock master or pier master.

42B 10Section 42A: supplemental

(1) Qualification regulations may make issue of a certificate conditional on
payment of a specified fee.

(2) A certificate may be issued in reliance on either—

(a) an award made by a body specified in the regulations, or

(b) 15assessment carried out by a person specified in the regulations
following a process established by the regulations.

(3) In subsection (2)(a) “award” includes an award—

(a) whether granted for general purposes or for the purposes of this
section, and

(b) 20whether or not granted following an examination.

(4) Qualification regulations may require a qualification to be assessed, or
may specify a qualification, by reference to a specified document.

(5) A reference to a document in reliance on subsection (4) may include a
reference to amendments of the document which are—

(a) 25made after the regulations come into force, and

(b) approved for the purposes of the regulations by the person who
made the regulations.

(6) Qualification regulations—

(a) may make provision generally or only for specified classes of
30case,

(b) may make different provision for different classes of case, and

(c) may include incidental or transitional provision.

(7) A person who knowingly or recklessly makes a false statement for the
purpose of obtaining a certificate under qualification regulations is—

(a) 35guilty of an offence, and

(b) liable on summary conviction to a fine not exceeding level 5 on
the standard scale.”

8 Closure orders

(1) After section 17 of the Harbours Act 1964 (harbour revision and empowerment

orders: procedure) insert—

“Harbour closure orders

17A Power to make order

(1) In this section—

(a) 5“the underlying purpose” means the purpose of permitting or
requiring harbour authorities to cease to maintain harbours
which are no longer commercially viable or necessary,

(b) “closure order” means an order made by the Secretary of State
under this section in respect of a harbour, and

(c) 10“the harbour authority” in relation to a harbour means any
harbour authority which has statutory duties to manage,
maintain or improve the harbour.

(2) The Secretary of State may make a closure order, but only—

(a) on the application of the harbour authority,

(b) 15with the consent of the harbour authority, or

(c) if the Secretary of State has consulted the harbour authority and
is satisfied that they are unlikely to object.

(3) The Secretary of State shall publish guidance about the circumstances
in which a closure order will be made; the guidance—

(a) 20must require the Secretary of State to have regard to the
underlying purpose, and

(b) must be reviewed and (if appropriate) revised from time to
time.

17B Content of order

(1) 25A closure order must relieve the harbour authority of—

(a) all statutory functions in respect of the harbour, or

(b) specified statutory functions in respect of the harbour.

(2) A closure order may transfer specified functions of the harbour
authority to a specified body (with the body’s consent).

(3) 30A closure order must include transitional provision about the cessation
of the harbour authorities’ functions (including provision about rights
and liabilities in relation to the performance of functions before the
closure order takes effect).

(4) A closure order may—

(a) 35permit or require the harbour authority to carry out works in
respect of the harbour;

(b) permit the Secretary of State to carry out works in respect of the
harbour;

(c) require a harbour authority to pay for works carried out under
40paragraph (b);

(d) confer on the harbour authority or the Secretary of State power
to acquire (whether by agreement or compulsorily) land
described in the order as the site of works to be carried out
under paragraph (a) or (b).

17C Property

(1) A closure order may include provision for the transfer of property,
rights and liabilities of the harbour authority.

(2) In particular, a closure order may include provision—

(a) 5transferring things that would otherwise not be capable of
being transferred;

(b) creating interests, rights or liabilities in relation to things
transferred or in connection with a transfer;

(c) for enforcement of rights or liabilities (whether transferred or
10created by the order);

(d) about the transfer of rights and liabilities in relation to
employment (including provision for deemed continuity);

(e) about pension schemes (including provision for amending
schemes, winding them up, transferring their administration,
15and saving rights existing before a transfer takes effect);

(f) terminating appointments;

(g) for compensation for loss of employment (or office).

(3) A closure order may include provision—

(a) extinguishing liabilities to the Secretary of State;

(b) 20about the winding up of the harbour authority’s affairs;

(c) about the winding up of any company wholly owned by the
harbour authority;

(d) about the dissolution of the harbour authority.

(4) A provision of a closure order transferring property, rights or liabilities
25may—

(a) make the transfer subject to a condition (such as the grant of an
interest in favour of a third party), and

(b) include provision about the effect of failure to comply with the
condition.

(5) 30Provision under this section may confer a function on the Secretary of
State.

17D Procedure

(1) Part 1 of Schedule 3 has effect in relation to closure orders as in relation
to harbour revision orders.

(2) 35In relation to closure orders made otherwise than on the application of
the harbour authority Part 1 of Schedule 3 has effect with any necessary
modifications; in particular—

(a) ignore paragraphs 3, 5, 6, 7, 9, 13 and 14,

(b) treat a reference to the applicant as a reference to the Secretary
40of State,

(c) treat a reference to the application for an order as a reference to
the proposal to make an order,

(d) treat a reference to being notified of a proposed application as a
reference to proposing to make an order, and

(e) 45paragraph 8 applies if the Secretary of State decides that the
order would relate to a project which falls within Annex I or II
to the Directive and is a relevant project; in which case—