Harbours Act, 1996
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Suspension, revocation or non-renewal of pilot's licence or pilotage exemption certificate in certain circumstances. |
73.—(1) In this section “the Board of Inquiry” has the meaning assigned to it by subsection (5). | |
(2) This section shall have effect in relation to the suspension or revocation of a pilot's licence or a pilotage exemption certificate on the grounds referred to in subsection (3) and to a refusal to renew such a licence or certificate in accordance with section 58 (3) (b) or 72 (4) (b). | ||
(3) The grounds mentioned in subsection (2) are that the holder of the pilot's licence or pilotage certificate concerned has conducted himself or herself (whether by act or omission) in a manner that amounts to a contravention of a provision of this Act or otherwise to misconduct, incompetence or neglect of duty by him or her (whether in relation to his or her duties generally as a holder of such a licence or certificate or in relation to a specific incident or matter). | ||
(4) (a) Subject to paragraph (b), a company shall not suspend or revoke a pilot's licence or a pilotage exemption certificate on the grounds referred to in subsection (3) otherwise than in accordance with a direction given to it in that behalf by the Board of Inquiry under this section. | ||
(b) Notwithstanding paragraph (a) but without prejudice to subsection (5), a company may suspend a pilot's licence or a pilotage exemption certificate without a direction as aforesaid being given to it if in its opinion there exist the grounds referred to in subsection (3) for the suspension or revocation of the licence or certificate and the gravity of the particular conduct constituting those grounds is such as to warrant the immediate suspension of the licence or certificate in the interests of the safety of navigation in its pilotage district. | ||
(5) (a) Where a company— | ||
(i) becomes of the opinion that the grounds referred to in subsection (3) exist for the suspension or revocation of a pilot's licence or a pilotage exemption certificate (whether or not it has exercised the powers under subsection (4) (b) in relation to the licence or certificate or has renewed the licence or certificate subsequent to its becoming of that opinion), or | ||
(ii) decides, in accordance with section 58 (3) (b) or 72 (4) (b), not to renew such a licence or certificate on grounds that would constitute grounds aforesaid for the suspension or revocation of such a licence or certificate, | ||
it shall, as soon as may be after it becomes of that opinion or reaches that decision, establish a board (in this section referred to as “the Board of Inquiry”) to conduct an inquiry into the matter, to find as a fact whether or not the said grounds exist and, consequent on such a finding, to exercise the appropriate powers conferred on such a board by this section. | ||
(b) Particulars of the conduct alleged to constitute the said grounds shall be furnished by the company in writing to the Board of Inquiry and the holder or former holder of the licence or certificate concerned. | ||
(c) (i) The members of the Board of Inquiry shall consist of the chief executive of the company establishing it or some other person nominated by that chief executive (other than the harbour master for the company's pilotage district or a person authorised for the time being by that harbour master under section 37 (1) (b) to perform any of his or her functions), a person nominated by the Minister and a person nominated by the holder or former holder of the licence or certificate concerned or, if the said holder fails or refuses to nominate a person, a person also nominated by the Minister. | ||
(ii) The chairperson of the Board of Inquiry shall be the said chief executive or the person nominated by him or her to be a member of the Board. | ||
(d) (i) The Board of Inquiry shall conduct an inquiry into the matter concerned by way of an oral hearing at which the holder or former holder of the licence or certificate concerned shall be entitled to be heard and represented. | ||
(ii) Subject to the provisions of any bye-laws made under section 71 by the company which has established it, the Board of Inquiry shall determine the procedure to be followed at an oral hearing under this paragraph. | ||
(iii) The Board of Inquiry may obtain the assistance of one or more assessors in determining any matter of a technical nature that arises during the course of an oral hearing under this paragraph. | ||
(e) If, after an oral hearing under paragraph (d), the Board of Inquiry finds as a fact that the grounds, as specified in the particulars furnished to it under paragraph (b), exist for the suspension or revocation of the licence or certificate concerned or, as the case may be, for the company concerned having refused to renew that licence or certificate, it may decide to— | ||
(i) give a direction to the company concerned requiring that company to revoke the licence or certificate concerned or to suspend or, as the case may be, continue to suspend, for such period as it specifies in the decision, that licence or certificate, | ||
(ii) confirm the refusal by the company concerned to renew the licence or certificate concerned, or | ||
(iii) notwithstanding that it has found as a fact that the said grounds exist, reprimand the holder of the licence or certificate concerned and, if that licence or certificate stands suspended under subsection (4) (b) or the renewal of it has been refused by the company concerned in accordance with section 58 (3) (b) or 72 (4) (b), direct that company to discontinue the suspension of that licence or certificate or, as the case may be, to renew that licence or certificate, subject, if it thinks fit so to provide, to such conditions as it specifies in the decision, | ||
and the provisions of subsections (6), (7)and (8) shall apply to such a decision. | ||
(f) If a licence or certificate stands suspended under subsection (4) (b) or the renewal of it has been refused by the company concerned in accordance with section 58 (3) (b) or 72 (4) (b)and the Board of Inquiry after an oral hearing under paragraph (d) finds as a fact that the grounds, as specified in the particulars furnished to it under paragraph (b), do not exist for the suspension or revocation of the licence or certificate or, as the case may be, for that company having refused to renew the licence or certificate it shall give a direction to that company requiring it to discontinue the suspension of the licence or certificate or, as the case may be, to renew the licence or certificate. | ||
(6) The holder or former holder of the licence or certificate concerned may, within the period of 21 days beginning on the date of a decision referred to in subsection (5) (e), apply to the Circuit Court for an order cancelling or varying that decision and if he or she so applies— | ||
(a) the Circuit Court, on the hearing of the application, may make an order— | ||
(i) cancelling that decision, | ||
(ii) affirming that decision, or | ||
(iii) varying that decision in such manner as it thinks just and, without prejudice to the generality of this sub-paragraph, an order under this subparagraph may— | ||
(I) provide that in lieu of the company concerned being directed to revoke the licence or certificate concerned, it shall be directed to suspend or, as the case may be, to continue to suspend that licence or certificate for such period as the Court specifies, | ||
(II) provide that in lieu of the company concerned being directed to revoke or suspend or to continue to suspend the licence or certificate concerned, the Board of Inquiry shall reprimand the applicant and, where appropriate, direct the company concerned to discontinue the suspension of that licence or certificate or, as the case may be, to renew that licence or certificate subject to such conditions (if any) as the Court specifies, | ||
(III) specify a lesser period than the period specified in the decision for which the company concerned is to be directed to suspend or continue to suspend the licence or certificate concerned, | ||
(b) if at any time the Board of Inquiry satisfies the Circuit Court that the applicant has delayed unduly in proceeding with the application, the Circuit Court shall, unless it sees good reason to the contrary, make an order affirming that decision, | ||
(c) the Circuit Court may direct how the costs of the application are to be borne. | ||
(7) (a) Where the holder or former holder of the licence or certificate concerned does not, within the period of 21 days beginning on the date of a decision referred to in subsection (5) (e), apply to the Circuit Court for an order cancelling or varying that decision, the Board of Inquiry may apply ex parte to the Circuit Court for an order affirming that decision and, if the Board so applies, the Circuit Court shall, unless it sees good reason to the contrary, make an order affirming that decision. | ||
(b) An application to the Circuit Court under this subsection or subsection (6) shall be made to the judge of the Circuit Court for the circuit in which the registered office of the company which granted the licence or certificate concerned is situated. | ||
(8) (a) Where a decision of the Board of Inquiry has been affirmed or varied by the Circuit Court under this section, the Board may proceed to carry out that decision as so affirmed or varied and for that purpose may give to the company concerned any direction provided for in the decision. | ||
(b) A company shall comply with a direction given to it by the Board of Inquiry under paragraph (a) or subsection (5) (f). | ||
(9) The Board of Inquiry shall for the purpose of an oral hearing under subsection (5) have the powers, rights and privileges vested in the High Court or a judge thereof on the hearing of an action in respect of— | ||
(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise, and | ||
(b) the compelling of the production of documents, | ||
and a summons signed by the chairperson of the Board of Inquiry may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents. | ||
(10) If a person— | ||
(a) on being duly summoned as a witness before the Board of Inquiry, without just cause or excuse disobeys the summons, or | ||
(b) being in attendance as a witness before the Board of Inquiry refuses to take an oath or to make an affirmation when legally required by the Board to do so, or to produce any documents (which word shall be construed in this subsection and in subsection (9) as including things) in his or her power or control legally required by the Board to be produced by him or her, or to answer any question to which the Board may legally require an answer, or | ||
(c) wilfully gives evidence to the Board of Inquiry which is material to the matter being inquired into by the Board and which he or she knows to be false or does not believe to be true, or | ||
(d) by act or omission, obstructs or hinders the Board of Inquiry in the performance of its functions, | ||
the person shall be guilty of an offence. |