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(6.) A pilotage authority may, for the purposes of this Section, treat ships which are shown to their satisfaction to be bona fide under the management of the same person as manager, managing owner, demisee, or time charterer, as being ships owned by that person.

24. (1.) Notwithstanding anything in this Act, the provisions of this Act as to the renewal of a pilotage certificate shall apply, with respect to the renewal of a pilotage certificate granted before the 1st day of June, 1906, to a master or mate who is not a British subject in the same manner as they apply to a pilotage certificate granted to a master or mate who is a British subject.

(2.) If any master or mate who is not a British subject shows to the satisfaction of the Board of Trade that he is the master or mate of a ship which is of substantially the same class, and is trading regularly between the same ports as a foreign ship which, on the 1st day of June, 1906, was exempt from the obligation to carry a licensed pilot, or had habitually been piloted by a master or mate of the ship who held a pilotage certificate, the Board of Trade may authorise the master or mate to apply to the pilotage authority for a pilotage certificate under this Act, and the provisions of this Act as to the granting of a pilotage certificate shall, notwithstanding anything in this Act, extend to a master or mate so applying for a certificate, although he is not a British subject, as they extend to a master or mate who is a British subject:

Provided that if the Admiralty at any time considers that, on the grounds of public safety, the provisions of this subsection should not be applicable with respect to any pilotage district or part of a pilotage district, they may make an order excluding that district or part of a district from the operation of those provisions; and while any such order is in force with respect to any such district or part of a district, a certificate granted under those provisions shall not be of any effect within that district or part of a district.

25. For the purposes of this Act, references to certificates of competency recognised under Part II of "The Merchant Shipping Act, 1894," shall be deemed to include references to any certificate of competency granted by the Government of a foreign country, being a certificate of a class approved by the Board of Trade for the purpose.

Supplementary Provisions as to Licences and Certificates.

26. A pilotage authority may suspend or revoke any pilot's licence or any pilotage certificate granted by them if it appears to them, after giving the holder thereof an opportunity of being heard, that he has been guilty of any offence under this

Act or of any breach of any bye-law made by the authority, or of any other misconduct affecting his capability as a pilot, or that he has failed in or neglected his duty as a pilot, or that he has become incompetent to act as pilot; and a licence or certificate, 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:

Provided that in any case where pilots are directly represented on a committee of a pilotage authority, that committee may, until a Pilotage Order is made regulating the relations between the authority and the committee, exercise the powers conferred on a pilotage authority by this Section with respect. to pilots' licences as though they were the pilotage authority. 27.-1.) If a complaint is made to the Board of Trade that a pilotage authority have-

(a.) Without reasonable cause refused or failed to examine any candidate for a pilot's licence, or a master or mate for a pilotage certificate, or to grant such a licence or certificate after examination; or

(b.) Conducted any examination for a pilot's licence or a pilotage certificate improperly or unfairly; or

(c.) Imposed conditions on the granting of a pilot's licence. or a pilotage certificate which they have no power to impose or which are unreasonable; or

(d.) Without reasonable cause refused or failed to renew a pilotage certificate, or, having obtained possession of any such certificate, refused or failed to return it; or

(e.) Without reasonable cause suspended or revoked a pilotage certificate; or

(f.) In any other manner failed properly to perform their duties under this Act with respect to the matters abovementioned in this Section, or improperly exercised any of their powers under this Act with respect to those matters; the Board of Trade shall consider the complaint, and, if they are of opinion that the complaint is in any respect wellfounded, shall make such order as they think fit for the purpose of redressing the matter complained of, and the pilotage authority shall give effect to any order so made by the Board of Trade.

(2.) If a pilotage authority refuse or fail to give effect to any such order of the Board of Trade, the Board of Trade may, for the purpose of giving effect to the order, exercise any powers of the pilotage authority, and anything done by the Board of Trade in the exercise of those powers shall have the same effect as if it had been done by the pilotage authority. 28. (1.) If a pilot is aggrieved by the suspension or revocation by the pilotage authority of his licence, or by the refusal or failure of the pilotage authority to renew his licence, or by

the refusal or failure of the pilotage authority to have obtained possession of his licence to return it to him, or by the imposition upon him by the pilotage authority of a fine exceeding 21., he may either appeal to a Judge of County Courts having jurisdiction within the port for which the pilot is licensed, or to a Metropolitan Police Magistrate or Stipendiary Magistrate having jurisdiction within that port.

(2.) For the purpose of hearing the appeal, the Judge or Magistrate shall sit with an assessor of nautical and pilotage experience selected and summoned by the Judge or Magistrate.

(3.) Objection may be taken to any person proposed to be summoned as an assessor, either personally or in respect of his qualification, and by either party to the appeal.

(4.) The Judge or Magistrate may confirm or reverse the suspension or revocation of the licence, or make such order in the case as may seem just, and his decision shall be final, unless special leave to appeal from the same to the High Court on a question of law or a question of mixed law and fact is given by the Judge or Magistrate, or by the High Court, and in such case the decision of the High Court shall be final.

(5.) The costs incurred by a pilotage authority under this Section shall be payable out of any fund applicable to the general expenses of the pilotage authority.

(6.) Rules with respect to the procedure under this Section (including costs and the remuneration of assessors) may be made, as respects County Court Judges, by the authority having power to make rules of practice under "The County Courts Act, 1888," and as respects Metropolitan Police and Stipendiary Magistrates by a Secretary of State, but in either case with the concurrence of the Treasury as to fees.

(7.) In Scotland the appeal under this Section shall be to the sheriff having jurisdiction at the port where the decision is given, and may be heard by the sheriff sitting with an assessor as provided in this Section, and rules may be made by the Court of Session by Acts of sederunt with respect to the procedure in case of those appeals in Scotland (including costs and the remuneration of assessors), subject to the concurrence of the Treasury as to fees. In the application of this Section to Scotland, references to the Court of Session shall be substituted for references to the High Court.

and

(8.) In the application of this Section to Ireland(a.) The expression Judge of County Courts "Judge" shall respectively mean a County Court Judge and Chairman of Quarter Sessions, and include Recorder;

and

(b.) The expressions "Stipendiary Magistrate " "Magistrate" shall respectively mean a Magistrate appointed under The Constabulary (Ireland) Act, 1836";

c. Rules with respect to the procedure in case of appeals un ier this Section (including costs and the remuneration of assessors) may from time to time be made, as respects County Court Judges and Chairmen of Quarter Sessions, by the authority having power to make rules and orders for regulating the practice under " The County Officers and Courts (Ireland) Act, 1877," and as respects Stipendiary Magistrates, by the Lord-Lieutenant of Ireland in Council, but in either case with the concurrence of the Treasury as to fees.

29. Such fees shall be payable on the examination for a pilot's licence, or for a pilotage certificate, and on the grant, renewal, or alteration of any such licence or certificate as may be fixed by bye-law inade under this Act.

Rights and Obligations of Licensed Pilots.

3-(1.) A pilot licensed for a district may supersede any pit not so licensed who is employed to pilot a ship in the

strict.

2.) Where a licensed pilot supersedes an unlicensed pilot the master of the ship shall pay to the latter a proportionate s.m for his services, and shall be entitled to deduct the sum so paid from the sum payable in respect of the services of the licensed pilot.

Any question as to the proportion payable to the licensed plot and to the person whom the licensed pilot has superseded shall be referred to the pilotage authority by whom the licensed pilot has been licensed, and their decision on the question shall be final.

3.) If in any pilotage district a pilot not licensed for the Estrict pilots, or attempts to pilot, a ship after a pilot licensed for that district has offered to pilot the ship, he shall be liable in respect of each offence to a fine not exceeding 501.

4.) If the master of a ship knowingly employs or continues to employ a pilot not licensed for the district to pilot. the ship within any pilotage district after a pilot licensed for that district has offered to pilot the ship, or, in the case of an outward-bound ship, without having taken reasonable steps proof whereof shall lie on the master) to obtain a licensed lot, he shall be liable in respect of each offence to a fine not exceeding 501.

I

(5.) If any person other than the master, or a seaman being bond fide one of the crew of the ship, is on the bridge of a ship, or in any other position (whether on board the ship or isewhere) from which the ship is navigated, that person shall, for the purposes of this Section, be deemed to be piloting the ship unless the contrary is proved.

51.-1.) A licensed pilot may require the master of any

ship which he is piloting to declare her draught of water, length, and beam, and the master shall comply with any such request.

(2.) If the master of a ship refuses to comply with any such request of a pilot, or makes or is privy to any other person making any false statement to the pilot in answer to the request, he shall be liable in respect of each offence to a fine not exceeding 501.

32. (1.) A ship while being moved within a harbour which forms part of a pilotage district shall be deemed to be a ship navigating in a pilotage district, except so far as may be provided by bye-law in the case of ships being so moved for the purpose of changing from one mooring to another mooring or of being taken into or out of any dock:

Provided that a bye-law shall in every case be made for the purpose aforesaid in any pilotage district where any class of persons other than licensed pilots were in practice employed at the date of the passing of this Act for the purpose of changing the moorings of ships or of taking ships into or out of dock.

(2.) A ship whilst being navigated within any closed dock, lock, or other closed work in a pilotage district shall, notwithstanding anything in this Act, be deemed to be navigating in a district in which pilotage is not compulsory.

33.-(1.) The pilotage authority shall cause every pilot licensed by them to be furnished with a copy of this Act as amended for the time being, and with a copy of any Pilotage Order for the time being in force in the district, and of any bye-laws so in force.

(2.) A licensed pilot shall produce any copy so furnished to him to the master of any ship or other person employing him when required to do so; and if he fails without reasonable cause to do so, he shall be liable in respect of each offence to a fine not exceeding 51.

34.-(1.) A master of a ship shall not, except under circumstances of unavoidable necessity, take a licensed pilot without his consent beyond the district for which he is licensed, or beyond the point up to which he has been engaged to pilot the ship; and if a master of a ship acts in contravention of this Section he shall be liable in respect of each offence to a fine not exceeding 207.

(2.) Where a pilot is taken beyond the district for which he is licensed, or beyond the point up to which he has been engaged to pilot the ship, either without his consent or under circumstances of unavoidable necessity, he shall be entitled, over and above his pilotage dues, to maintenance, and to the sum of 10s. 64. a day, recoverable in the same manner as pilotage dues.

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