Harbours (Amendment) Act 2009
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Amendment of section 79 (power of Minister to re-organise provision of pilotage services) of Principal Act. |
16.— Section 79 of the Principal Act is amended— | |
(a) by substituting the following for subsection (1)(c): | ||
“(c) abolish a pilotage district (being a pilotage district mentioned in section 56 or established under paragraph (a)), | ||
(d) alter the limits of a pilotage district to which paragraph (a), (e) or this paragraph relates, | ||
(e) subject to section 57(2), provide for the limits of a pilotage district referred to in Part II of the Third Schedule in lieu of the limits set out in that Part,”, | ||
(b) in subsection (2)— | ||
(i) by substituting the following for paragraph (a): | ||
“(a) An order under paragraph (a) of subsection (1) shall confer on a specified person the function of organising and ensuring the provision of pilotage services in the pilotage district to which the order relates. That person shall perform that function by one of the means specified in section 56 (1). This Act in so far as it relates to pilotage services otherwise applies to the pilotage district concerned with the substitution for references to ‘company’, in each place where it occurs (other than in this subsection), of references to that person and any other necessary modifications.”, | ||
and | ||
(ii) by inserting the following paragraph after paragraph (b): | ||
“(c) In this subsection ‘specified person’ includes a company, a harbour authority to which section 7 of the Harbours Act 1946 relates and a local authority.”, | ||
and | ||
(c) by inserting the following after subsection (2): | ||
“(2A) In deciding whether or not to make an order under this section the Minister shall have regard to the following: | ||
(a) any existing or proposed harbour limits to which the pilotage district or proposed pilotage district relates or would relate, and | ||
(b) navigational safety.”. |