Harbours Act, 1996

Pilots' licences and warrants of appointment.

58.—(1) For the purposes of paragraph (b) of section 56 (1) and subject to the provisions of any bye-laws made by it under section 71 , a company may, on application being made to it by a person, grant to that person a licence to act as a pilot in its pilotage district and may, subject to the provisions of any bye-laws as aforesaid and subsection (3), renew that licence as required.

(2) (a) A company may in granting a licence under subsection (1) attach such conditions to the licence as it thinks fit and such conditions may include conditions as to the area within the company's pilotage district in respect of which the holder of the licence may act as a pilot and the type of ship in respect of which he or she may act as a pilot.

(b) For the purposes of this subsection a company may divide the licences that it may grant under subsection (1) into licences of different classes by reference to the different conditions that it may attach to them and may style each such class of licence as it considers appropriate.

(3) (a) The grant or renewal of a licence under subsection (1) by a company shall not render the company liable for any act or default of the holder of the licence.

(b) A company shall not refuse to renew a pilot's licence on grounds that would constitute the grounds referred to in section 73 for the suspension or revocation by it of such a licence unless, in the particular case, the gravity of the conduct that would constitute the said grounds is, in the opinion of the company, such as to warrant the company not renewing the licence in the interests of the safety of navigation in its pilotage district.

(4) Notwithstanding the repeal of the Pilotage Act, 1913 , by section 5 , a pilot's licence granted by the former pilotage authority for a company's pilotage district under that Act and which is in force immediately before the commencement of section 56 (1) in relation to the said company shall, if immediately after such commencement the said company organises and ensures the provision of pilotage services in its pilotage district by the means specified in paragraph (b) of section 56 (1), continue in force in accordance with its terms and be deemed to be a licence granted by the said company under subsection (1).

(5) A company may suspend or revoke a pilot's licence granted by it—

(a) on the grounds referred to in, and subject to the provisions of, section 73 , or

(b) on such grounds (not related to the conduct of the holder of the licence) as may be specified in bye-laws made by it under section 71 ,

and such a licence, if so revoked, shall cease to have effect, and, if so suspended, shall cease to have effect for the period for which it is suspended.

(6) (a) Each person employed as a pilot by a company for its pilotage district shall, on his or her appointment to the duties of such a person, be furnished by the company with a warrant of his or her appointment as such a pilot.

(b) A company may specify in a warrant as aforesaid conditions under which the holder of the warrant may act as a pilot for its pilotage district, including conditions as to the area within the company's pilotage district in respect of which the holder may act as a pilot and the type of ship in respect of which he or she may act as a pilot, and may vary those conditions from time to time.