Harbours Act, 1946

Members of harbour authority.

7.—(1) A harbour authority mentioned in the first column of Part I of the First Schedule to this Act shall consist of the following members:

(a) five members (in this Act referred to as local authority members) appointed by the local authority mentioned in the second column of the said Part I opposite the mention in the said first column of the harbour authority or, in the case of the Cork Harbour Commissioners, appointed as to four of such members by the local authority mentioned firstly in the second column of the said Part I opposite the mention in the said first column of the Cork Harbour Commissioners and as to the other one of such members by the local authority secondly mentioned as aforesaid;

(b) four members (in this Act referred to as chamber of commerce members) appointed by the chamber of commerce mentioned in the third column of the said Part I opposite the mention in the said first column of the harbour authority or, in the case of the Cork Harbour Commissioners, appointed as to two of such members by the chamber of commerce mentioned firstly in the third column of the said Part I opposite the mention in the said first column of the Cork Harbour Commissioners and as to the other two of such members by the chamber of commerce secondly mentioned as aforesaid;

(c) two members (in this Act referred to as livestock members) appointed—

(i) in case one organisation is specified, in the order for the time being in force under subsection (3) of this section, by the organisation so specified,

(ii) in case two organisations are specified in the order for the time being in force under subsection (3) of this section, as to one of such members by the first organisation so specified and as to the other of such members by the second organisation so specified;

(d) two members (in this Act referred to as manufacturer members) appointed by the Federation of Irish Manufacturers, Limited;

(e) two members (in this Act referred to as labour members) appointed by the organisation specified in the order for the time being in force under subsection (4) of this section in respect of the harbour authority;

(f) four members (in this Act referred to as elected members) elected by the qualified electors;

(g) four members (in this Act referred to as nominated members) nominated by the Minister.

(2) A harbour authority mentioned in the first column of Part II of the First Schedule to this Act shall consist of the following members:

(a) (i) in the case of the New Ross Harbour Commissioners, six members (in this Act also referred to as local authority members) two of whom shall be appointed by each of the local authorities mentioned in the second column of the said Part II opposite the mention in the said first column of the New Ross Harbour Commissioners,

(ii) in the case of any other harbour authority, four members (in this Act also referred to as local authority members) appointed by the local authority mentioned in the second column of the said Part II opposite the mention in the said first column of the harbour authority or, where there are two local authorities so mentioned, appointed as to two of such members by the local authority mentioned firstly and as to the other two of such members by the local authority mentioned secondly;

(b) in the case of a harbour authority in respect of which a chamber of commerce is mentioned in the third column of the said Part II opposite the mention in the said first column of the harbour authority, two members (in this Act also referred to as chamber of commerce members) appointed by the chamber of commerce;

(c) two members (in this Act also referred to as elected members) elected by the qualified electors;

(d) three members (in this Act also referred to as nominated members) nominated by the Minister.

(3) The Minister for Agriculture may from time to time by order (which he may at any time by order revoke or amend) made in respect of a harbour authority mentioned in the first column of Part I of the First Schedule to this Act declare that a specified organisation or two specified organisations of livestock traders shall appoint the livestock members of such harbour authority.

(4) The Minister may from time to time by order (which he may at any time by order revoke or amend) made in respect of a harbour authority mentioned in the first column of Part I of the First Schedule to this Act declare that a specified organisation representative of labour interests shall appoint the labour members of such harbour authority.

(5) Each of the following persons or groups of persons shall, as respects any particular election of elected members of a harbour authority, be a qualified elector for the purposes of paragraph (f) of subsection (1) or paragraph (c) of subsection (2) (as may be appropriate) of this section:

(a) a body corporate incorporated in the State which on the 31st day of December next preceding the election was the owner of a vessel or vessels in respect of which there was paid to the harbour authority, during the year ended on such 31st day of December, tonnage rates of an amount not less than the minimum sum,

(b) an individual who was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year, tonnage rates of an amount not less than the minimum sum,

(c) a group of individuals any one of whom was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December were joint owners of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum,

(d) in the case of a corporate body not incorporated in the State which on the 31st day of December next preceding the election was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such corporate body provided that such manager was ordinarily resident in the State during such year,

(e) in the case of an individual who was not ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such individual provided that such manager was ordinarily resident in the State during such year,

(f) in the case of a group of individuals none of whom was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December were joint owners of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such group provided that such manager was ordinarily resident in the State during such year.

(6) In subsection (5) of this section—

(a) the word “vessel” means a vessel registered in the State under the Merchant Shipping Acts, 1894 to 1939,

(b) the word “owner” means a registered owner within the meaning of the Merchant Shipping Acts, 1894 to 1939.

(7) In subsection (5) of this section, the expression “the minimum sum” means—

(a) as respects a harbour authority mentioned in Part I of the First Schedule to this Act, twenty pounds,

(b) as respects a harbour authority mentioned in Part II of the First Schedule to this Act, either—

(i) ten pounds or,

(ii) in the case of any particular election in respect of which the Minister is of opinion that the application of subparagraph (i) of this paragraph would result in the number, of electors being unduly small, such sum less than ten pounds as the Minister directs.

(8) Until the first occurrence, after all moneys borrowed by the Galway Harbour Commissioners under section 48 of the Galway Harbour Act, 1935 (No. 2 (Private) of 1935), have been repaid, of a day which is the second Thursday in the month of October in an election year, subsection (2) of this section shall have effect in relation to the Galway Harbour Commissioners as if there were substituted therein for the words “four members” the words “five members” and for the words “appointed as to two of such members” the words “appointed as to three of such members”.

(9) One at least of the nominated members of a harbour authority mentioned in Part II of the First Schedule to this Act shall be a person who, in the opinion of the Minister, is representative of labour interests.