Pt. X. pilots, and, if it seems expedient, also of shipowners, on the 578–580. pilotage authority of any district, or if there is a pilotage com- pilotage mittee of that authority, or any body of commissioners or sub- authority. commissioners appointed by that authority, then on that [52 & 53 Vict. committee or body. See note to s. 575. c. 68, s. 2.] [1862, s. 39.] 578. The Board of Trade may by provisional order exempt Exemption the masters and owners of all ships, or of any classes of ships, from compulfrom being obliged to employ pilots in any pilotage district or in any part of any pilotage district, or from being obliged to pay for pilots when not employing them in any district or in any part of any pilotage district, and annex any terms and conditions to those exemptions. See note to s. 575. Cf. the powers of pilotage authorities under s. 581. no Trade to rates, &c. 579.—(1.) Where the pilotage is not compulsory, and there Power of is no restriction on the power of duly qualified persons to obtain Board of licences as pilots, the Board may by provisional order give any give facilities pilotage authority power to license pilots, and to fix pilotage with respect rates for their district or any part of their district for which to licences, such licences or rates for the time being exist, and to raise all or any of the pilotage rates in force in their district or any part of their district; and, where there is also no restriction on the number of pilots, to give additional facilities for the recovery of pilotage rates, and for preventing the employment of unqualified pilots. (2.) The Board of Trade may by provisional order give facilities for enabling duly qualified persons, after examination as to their qualifications, to obtain licences as pilots. See note to s. 575. [1862, s. 39.] [1862, s. 40; 52 & 53 Vict. c. 68, s. 2 (2).] 580.-(1.) The Board of Trade may make a provisional order Making and under this Part of this Act on the application in writing of some confirming provisional person interested in the pilotage of the district or in the opera- orders. tion of the laws or regulations relating to that pilotage. (2.) Notice of the application having been made shall be published once at least in each of two successive weeks in the month immediately succeeding the date of the application in the Shipping Gazette, and in some newspaper or newspapers circulating in the county, or, if there are more than one county, in the counties adjacent to the pilotage district to which the application relates. (3.) The notice shall state the objects which it is proposed to effect by the provisional order. Pt. X. 581-582. (4.) The Board of Trade on receiving the application shall refer the same to the pilotage authority or authorities of the district, and shall receive and consider any objections which may be made to the proposed provisional order, and shall for that purpose allow at least six weeks to elapse between the date on which the application is referred to the pilotage authority and that on which the provisional order is made. (5.) The Board of Trade shall, after considering all objections, determine whether to proceed with the provisional order or not; and shall, if they determine to proceed with the order, settle the order in such manner and with such terms and conditions, not being inconsistent with the provisions of this Act, as they may think fit; and shall, when they have settled the order, forward copies thereof to the persons making the application and to the pilotage authority of any district to which it refers. (6.) A provisional order under this Part of this Act shall not take effect unless and until it is confirmed by Parliament; and for the purpose of that confirmation the Board of Trade shall introduce into Parliament a public general Bill in which, or in the schedule to which, the provisional order or provisional orders to be thereby confirmed shall be set out at length. (7.) If any petition is presented to either House of Parliament against any such provisional order in the progress through Parliament of the Bill confirming the same, so much of the Bill as relates to the order petitioned against may be referred to a select committee, and the petitioner shall in that case be allowed to appear and oppose as in the case of private Bills. See note to s. 575. Power of pilotage authorities as to Byelaws by Pilotage Authorities. 581. Every pilotage authority may, by byelaw made under this Part of this Act, exempt the masters of any ships or of any exemptions. classes of ships from being compelled to employ qualified pilots, from compul- and annex any terms and conditions to those exemptions, sory pilotage. and revise or extend any such exemptions or any exemptions [1854, s. 332] existing by virtue of any Act of Parliament, law, charter, or usage, upon such terms and conditions and in such manner as may appear desirable to the authority. Power of pilotage Cf. the powers of the Board of Trade under s. 578. See s. 583 and note thereto as to confirmation of such byelaws. 582. Subject to the provisions of this Part of this Act, a authorities to pilotage authority may by byelaw made under this Part of this make bye laws. Act (a): (1.) determine the qualification in respect of age, time of service, skill, character, and otherwise, to be required Pt. X. 582. [1854, s. 333; (2.) make regulations respecting the approval and licensing 35 & 36 Vict. of pilot boats in their district: c. 73, s. 11; 52 & 53 Vict. (3.) provide for the establishment and regulation of companies c. 68, s. 7.] for the support of those pilot boats and for a participa tion of profits therein: (4.) fix the terms and conditions of granting licences to pilots and apprentices and pilotage certificates for masters and mates: (5.) make regulations for the government of the pilots and apprentices licensed by them, and of masters and mates holding pilotage certificates granted by them, and for ensuring their good conduct and constant attendance. to, and effectual performance of, their duty whether at sea or on shore, and provide for the punishment of any breach of those regulations by the withdrawal or suspension of the licence or certificate of the person guilty of that breach, or by the infliction of fines not exceeding twenty pounds, to be recoverable as fines are recoverable under this Act: (6.) fix the rates and prices or other remuneration to be demanded and received for the time being by the pilots licensed by them, and alter the mode of remuneration of those pilots in such manner as they think fit, so, however, that no higher rates or prices are demanded or received in the case of the Trinity House than those set out in the table contained in the Twentyfirst Schedule to this Act, and in the case of any other pilotage authority than those which might have been lawfully fixed or demanded by that authority under any Act, charter, or custom in force immediately before the first day of May in the year one thousand eight hundred and fifty-five (b): (7.) make such arrangements with any other pilotage authority for altering the limits of their respective districts, and for extending the powers of that other authority or the privileges of the pilots licensed by that other authority or any of them to all or any part of its own district, or for limiting its own powers or the privileges of its own pilots or any of them, or for sharing the said last-mentioned powers and privileges with that other authority and the pilots licensed by it, or for delegating or surrendering those powers and privileges or any of them to any other pilotage authority already constituted or to be constituted by agreement between those authorities, and to the pilots licensed by it, as may appear to those pilotage authorities to be desirable for the purpose Pt. X. 583. Confirmation of byelaws. [1854, ss. 332 -334; 35 & 36 of facilitating navigation or of reducing charges on (9.) require masters and mates who hold pilotage certificates (a) See s. 583 and note thereto, as to confirmation, &c. of such byelaws. (c) See ss. 599, 604, sub-s. (2), as to masters' and mates' pilotage certificates. 583.-(1.) A byelaw under this Part of this Act shall not take effect until it is submitted to Her Majesty in Council and confirmed by Order in Council. (2.) Any byelaw proposed to be made under this Part of this Act shall, before it is submitted for confirmation, be published in such manner as the Board of Trade direct. For a list of such byelaws confirmed by Orders in Council under the repealed Acts, see periodical Pilotage Returns, printed as a parliamentary paper. As to the saving of those made before 1st January, 1895, see s. 745. As to Orders in Council generally, sec s. 738. The power to revoke, vary, &c. byelaws is exerciseable subject to the same conditions as the power to make them. See Interpretation Act, 1889, s. 32, sub-s. (3). 584. If at any port either— Pt. X. 584-585. Appeal against bye (a.) the majority of the qualified pilots belonging to the laws or regu port; or, (b.) the local marine board; or, (c.) where there is no local marine board, any number of persons not less than six, being masters, owners, or insurers of ships, consider themselves aggrieved by any regulation or byelaw of a pilotage authority in force before the first day of May, one thousand eight hundred and fifty-five, or made under any power other than a power contained in this Act or in any Act repealed by this Act, or by a defect or omission in any such regulation or byelaw, they may appeal to the Board of Trade, and the Board may thereupon by order revoke, alter, or make additions to that regulation or byelaw, in such manner as, having regard to the interests of the persons concerned, appears to them to be just and expedient, and any order so made shall be conclusive as to the matter in respect of which it is made. Returns by Pilotage Authorities. lations not authorities 585.--(1.) Every pilotage authority shall deliver periodically Returns by to the Board of Trade, in the form and at the time required by pilotage that Board, returns (a) of the following particulars with regard to Board of to pilotage within their district, Trade. -339; 52 & 53 (a.) all byelaws or other regulations whether made under this [1854, s. 337 Act or not relating to pilots or pilotage for the time Vict. c. 68, being in force: (b.) the names and ages of all pilots or apprentices licensed (c.) the service for which each pilot or apprentice is licensed: s. 6.] |