S.I. No. 24/1963 - Dublin Pilotage Order, 1925 (Amendment) Order, 1963.

S.I. No. 24 of 1963.

DUBLIN PILOTAGE ORDER, 1925 (AMENDMENT) ORDER, 1963.

WHEREAS the Dublin Port and Docks Board has applied in writing to the Minister for Transport and Power for the making of a pilotage order in relation to the Dublin Pilotage District ;

NOW, I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by section 7 of the Pilotage Act, 1913, and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), hereby order as follows :

1. This Order may be cited as the Dublin Pilotage Order, 1925 (Amendment) Order, 1963.

2. This Order shall come into operation on the 22nd day of February, 1963.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. In this Order " the Principal Order " means the Dublin Pilotage Order, 1925, being the Order contained in the Schedule to the Pilotage Order Confirmation Act, 1926 (No. 1 (Private) of 1926).

5. The Principal Order and this Order shall be construed together as one Order.

6. The Schedule to the Pilotage Order Confirmation Act, 1926 (No. 1 (Private) of 1926), is hereby amended by—

(1) the substitution of the following Article for Article 1 of the Principal Order namely :

" 1. The limits of the Dublin Pilotage District (hereinafter referred to as the Pilotage District) shall be the waters of the River Liffey below Butt Bridge, and so much of the sea westward of the sixth meridian as lies between the parallels of latitude passing through the Baily Lighthouse on the north and through SorrentoPoint on the south, including all bays, creeks and harbours and all tidal and closed docks within such area.",

(2) the substitution of " Harbours Act, 1946 (No. 9 of 1946) " for " Dublin Port and Docks Act, 1898, and amending Acts " in Article 2 of the Principal Order,

(3) the substitution for paragraphs (a) and (b) of Article 4 of the Principal Order of the following paragraphs, namely :

" (a) Six members appointed by the Authority from among their own members of whom one shall be nominated as Chairman and of whom two shall be elected members of the Authority.

(b) Two members (hereinafter referred to as Pilot members) elected in manner hereinafter provided by the Pilots licensed for the Pilotage District (hereinafter referred to as licensed pilots) from among persons who either are or have been licensed pilots within the period of five years immediately preceding the date of the election.",

(4) the substitution for paragraph (2) of Article 8 of the Principal Order of the following paragraphs, namely :—

" (2) The Authority may also, if they so think fit, provide a shore station from which to operate and maintain pilotage services and such shore station may be either in lieu of or in addition to a pilot boat or pilot boats and the Authority shall have the same powers in relation to the purchasing, hiring, building, equipping, maintaining and operating of a shore station as they have in relation to a pilot boat or boats.

(3) The Authority may from time to time borrow at interest any sum or sums required for the purposes of this Article on the security of the pilotage dues and all monies so borrowed shall be applied for such purposes and not otherwise,", and

(5) the insertion after paragraph 4 of the Schedule to the Principal Order of the following paragrph :

" (5) The persons who are members of the Committee immediately before the commencement of the Dublin Pilotage Order, 1925 (Amendment) Order, 1962, shall continue in office until their successors are appointed or elected in the month of February, 1963,",

7. (1) If it shall be proved to the satisfaction of an arbitrator appointed by the Pilotage Authority for the Dublin Pilotage District (in this Article referred to as the Authority) and a majority of the pilots of any class who, immediately before the commencement of this Order, stood licensed for the Dublin Pilotage District—

(a) that pilots of that class have suffered a reduction of employment or remuneration,

(b) that such reduction has been caused by pilotage being made non-compulsory by this Order in an area where, immediately before the commencement of this Order, it was compulsory,

(c) that such reduction has not been adequately offset by other means,

the Authority shall pay to any pilot of that class licensed by them immediately before the commencement of this Order, such compensation, either by way of annual payment or otherwise and during such period of time (not exceeding the period during which the pilot affected would in normal circumstances be licensed by the Authority as a pilot) as may be determined by the arbitrator.

(2) An arbitrator shall not be appointed under this paragraph except during the period beginning two years after the commencement of this Order and ending three years after such commencement.

(3) The costs of any arbitration proceedings under this paragraph shall be in the discretion of the arbitrator.

(4) Any compensation payable by the Authority under this Article and any costs payable by it in respect of arbitration proceedings under this Article shall be payable out of the fund established by the Pilotage Bye-Laws for the Regulation and Management of the Pilotage Service of the Dublin Pilotage District and known as the Pilotage Reserve Fund.

GIVEN under my Official Seal, this 15th day of February, 1963.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

This Order reduces the limits of the Dublin Pilotage District, alters the constitution of the Pilotage Committee and empowers the Dublin Pilotage Authority to establish a shore station from which to operate modified pilotage services.