Gibraltar Pilotage

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2016-09

GIBRALTAR PILOTAGE ACT 2016

Principal Act

Act. No. 2016-09 Commencement 10.3.2016

Assent 9.3.2016

Amending

enactments

Relevant current

provisions

Commencement

date

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Arrangement of Sections

Section

1. Short title and commencement.

2. Interpretation.

3. Designation of compulsory pilotage area.

4. Excepted ships.

5. Pilotage exemption certificates.

6. Pilot boats.

7. Captain of the Port may require ships to be under compulsory

pilotage.

8. Failure to employ pilot under certain circumstances.

9. Authorised pilot.

10. Licensed pilot.

11. Employment of pilots.

12. Pilotage committee.

13. Examination of candidates for licences, etc.

14. Inquiries by pilotage committee.

15. Submission of pilotage committee’s finding and recommendation

to the Captain of the Port.

16. Pilotage committee and the Captain of the Port not liable for loss

or damage caused by pilot.

17. General liability for loss or damage.

18. Pilots’ register.

19. Suspension or revocation of a pilot’s authorisation or licence.

20. Declaration as to particulars of ship.

21. Characteristics of pilot boats.

22. Pilotage rate for leading ships.

23. Receiving or offering improper rates of pilotage.

24. Recovery of pilotage dues.

25. Offences by pilot.

26. Penalty on fraudulent use of licence.

27. Penalty on ordinary boat displaying pilot flag or marking.

28. Penalty on pilot endangering ship, life or limb.

29. Penalty on person obtaining charge of ship by misrepresentation.

30. Power to make Regulations.

31. Amendments to the Merchant Shipping Act and repeal of the Pilot

Rules.

32. Amendment to the Port Act and the Port Rules.

33. Savings and transitional provisions.

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AN ACT TO MAKE PROVISION FOR, AND TO CONSOLIDATE,

REVISE AND RE-ENACT THE LAWS ON PILOTAGE; AND FOR

CONNECTED PURPOSES.

Short title and commencement.

1. This Act may be cited as the Gibraltar Pilotage Act 2016 and comes into

operation on the day of publication.

Interpretation.

2.(1) In this Act, unless the context otherwise requires–

“authorised” means authorised by way of licence or authorisation by the

Captain of the Port;

“authorisation” means an authorisation in writing to a pilot by the

Captain of the Port as referred to in section 9(1);

“authorised pilot” means a person authorised under section 9(1) in

relation to the compulsory pilotage area, and includes, in relation to

any ship, a person so authorised in respect of ships of that

description;

“bay of Gibraltar” shall have the meaning assigned to it by section 2 of

the Port Act;

“BGTW” means British Gibraltar Territorial Waters which is the area of

sea, the sea bed and subsoil within the seaward limits of the

territorial sea adjacent to Gibraltar under British sovereignty and

which, in accordance with the United Nations Convention on the

Law of the Sea 1982, currently extends to three nautical miles and

to the median line in the Bay of Gibraltar;

“Captain of the Port” means–

(a) the person appointed to be the Captain of the Port under section

4 of the Port Act; or

(b) any person appointed by the Government to act in the place of

the Captain of the Port;

“Chief mate” means the officer next in rank to the master and upon

whom the command of the ship will fall in the event of the

incapacity of the master;

“committee” means the pilotage committee appointed under section 12;

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“compulsory pilotage” means the requirement that a ship shall be

operated by a licensed pilot or authorised pilot in carrying out

pilotage service unless that ship falls into the category of an

excepted ship;

“compulsory pilotage area” means the area designated by the

Government in accordance with the Regulations made under

section 3 of this Act;

“excepted ship” means a ship–

(a) classified as excepted ship by section 4; or

(b) attached with a pilot who holds an exemption certificate

granted by the Captain of the Port under section 5;

“licensed pilot” means a pilot to whom a licence has been issued under

section 10(1);

“Gibraltar Port Authority” means the Authority established by section 3

of the Gibraltar Port Authority Act 2005;

“master” includes every person (except a pilot) having command or

charge of any ship;

“Minister” means the Minister with responsibility for the Port;

“pilot” means any person not belonging to a ship who has the conduct of

the ship in process of pilotage or responsibility for the safe

navigation thereof;

“pilotage” means an act of guiding or assisting a ship by an authorised

pilot or licensed pilot by-

(a) use of fixed visual references on the ground or sea; and

(c) means of sight or radar to a destination,

when the ship enters into any compulsory pilotage area;

“pilotage service” means an act, carried out by a licensed pilot or an

authorised pilot, of assisting the master of a ship in navigation and

manoeuvring when entering, leaving or shifting in the Port or the

approaches thereto;

“Port Waters” shall have the meaning assigned to it by section 2(1) of the

Port Act;

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“prescribed” means prescribed by Regulations;

“Regulations” mean the Regulations made under any provision of this

Act;

“ship” includes every description of–

(a) vessel used in navigation which is not propelled by oars; and

(b) lighter, barge or other vessel howsoever or whether or not

propelled.

(2) In this Act references to a ship navigating or being navigated include

references to its moving or being moved within the Port for the purpose of

changing from one mooring to another or of being taken into or out of any

dock.

Designation of compulsory pilotage area.

3.(1) The Minister may by Regulations made under this Act designate any

area of BGTW as an area within which pilotage service must be

compulsory.

(2) An area designated under subsection (1)–

(a) shall be known as a compulsory pilotage area; and

(b) may be enlarged by addition, changed or modified as may be

prescribed.

Excepted ships.

4. For the purposes of this Act the following ships are classified as

excepted ships–

(a) any yachts of less than 100 metres;

(b) non-commercial fishing vessels;

(c) tugs, dredgers, barges or similar vessels whose ordinary course

of navigation does not extend beyond the limits of the port; and

(d) any ship attached with a pilot exempted by the Captain of the

Port under section 5.

Pilotage exemption certificates.

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5.(1) The Captain of the Port may, on application by any person who is

bona fide the master or Chief mate of any ship, grant him a pilotage

exemption certificate if the Captain of the Port is satisfied (by any

examination conducted by the pilotage committee or by reference to such

other requirements as he may reasonably impose)–

(a) that the applicant’s skill, experience and local knowledge are

sufficient for him to be capable of piloting the ship of which he

is master or Chief mate (or that and any other ships specified in

the certificate) within BGTW or such part of the Port as may

be so specified; and

(b) in any case where it appears to the Captain of the Port to be

necessary in the interests of safety, that his knowledge of

English is sufficient for that purpose.

(2) A pilotage exemption certificate shall not remain in force for more

than one year from the date on which it is granted, but–

(a) if the holder continues to be the master or Chief mate of a ship,

may be renewed annually by the Captain of the Port on

application by the holder if the Captain of the Port continues to

be satisfied as mentioned in subsection (1); and

(b) on the application of the holder may be altered so as to refer to

different ships from those to which it previously referred if the

Captain of the Port is so satisfied as respects those ships.

(3) The Captain of the Port may suspend or revoke a certificate granted by

him under this section if it appears to him that the holder has been guilty of

any incompetence or misconduct affecting his capability to pilot the ship of

which he is master or first mate or any other ships specified in the

certificate.

(4) Before refusing an application by any person under this section for the

grant, renewal or alteration of a certificate or suspending or revoking a

certificate held by any persona, the Captain of the Port shall give him–

(a) written notice of his intention to do so, stating the reasons for

which it proposes to act; and

(b) a reasonable opportunity of making representations.

(5) The Captain of the Port in granting any pilot exemption certificate

under this section must follow the procedure prescribed by the Regulations

made under this Act.

Pilot boats.

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6.(1) Ships regularly employed in pilotage services provided by or on

behalf of the Government or the Gibraltar Port Authority (in this Act

referred to as “pilot boats”) shall–

(a) if they are operated by the Gibraltar Pilot Boat Company, be

approved by the Gibraltar Port Authority; and

(b) otherwise be licensed by the Captain of the Port.

(2) The Captain of the Port shall not approve or license any ship under

subsection (1) unless he is satisfied that it is suitable for use as a pilot boat.

(3) The Gibraltar Port Authority may make such other provision as it

considers necessary for the operation of pilot boats.

Captain of the Port may require ships to be under compulsory pilotage.

7.(1) The Captain of the Port may require that every ship while navigating

in any compulsory pilotage area or part thereof for any of the purposes

referred to in subsection (2) shall be under compulsory pilotage and each of

the owner, agent or master of the ship shall comply with that requirement.

(2) Subject to subsection (3), ships, other than excepted ships, navigating

for the purpose of–

(a) anchoring;

(b) entering;

(c) leaving the bay of Gibraltar (from alongside);

(d) moving;

(e) mooring; or

(f) berthing

within a compulsory pilotage area shall be under the pilotage service of a

pilot.

(3) Notwithstanding anything contained in subsection (2), any provisions

of the Regulations designating a compulsory pilotage area may provide that

in such area ships shall only be required to be under pilotage service of a

pilot if they are navigating for certain of the purposes specified in

subsection (2).

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(4) A ship while being moved within any area of the Port Waters which is,

or which forms part of a compulsory pilotage area shall be deemed to be a

ship navigating in a compulsory pilotage area.

Failure to employ pilot under certain circumstances.

8. Where a ship navigates in circumstances in which the ship is required by

the Captain of the Port to be under compulsory pilotage in accordance with

section 7 but the master of that ship fails to employ an authorised pilot or

licensed pilot for the purposes referred to in section 7(2), then, each of the

owner, agent and the master of the ship commits an offence and–

(a) is liable on summary conviction to a fine at level 5 on the

standard scale; and

(b) shall, in addition, be liable to pay to the Gibraltar Port

Authority as penalty double the amount of pilotage dues and

rates which would have been payable if the ship had been

under pilotage as required under that section.

Authorised pilot.

9.(1) The Captain of the Port–

(a) may grant authorisation to such number of pilots as he may

consider necessary or expedient, in accordance with the

Regulations for the purpose of providing an adequate and

efficient pilotage service in BGTW; or

(b) may, if he considers expedient, grant authorisation to any

person who holds any of the qualifications referred to in

subsection (2) for the purpose of providing pilotage service to

ships in the compulsory pilotage area subject to such

conditions as he thinks fit.

(2) The qualifications required by subsection 1(b) shall be the holding of

one of the following certificates in the following order of priority–

(a) a certificate of competency of Master of a ship of 3000 GT or

more (STCW Regulation II/2) issued by the Administration in

terms of the Gibraltar Merchant Shipping (Manning, Training

and Certification for Seafarers) Regulations 2006 (as amended

from time to time) to a person who has minimum 3 years’ of

command experience in a ship over 10,000 GT; or

(b) an equivalent certificate referred to in paragraph (a) issued by

the relevant Authority of a flag state that is party to the

International Convention on Standards of Training,

Certification and Watchkeeping for Seafarers, 1978 (as

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amended from time to time) to a person who has at least 3

years’ of command experience in a ship over 10,000 GT.

(3) No person shall be granted authorisation under this section unless that

person applies to the Captain of the Port in accordance with any requirement

prescribed by the Regulations made under this Act.

(4) No ship shall be–

(a) piloted; or

(b) provided with pilotage service

in the compulsory pilotage area by any person other than an authorised pilot

or a licensed pilot.

(5) A person who contravenes subsection (4) commits an offence and is

liable on summary conviction to a fine on level 4 on the standard scale.

(6) In this section, “Administration” means the Maritime Administrator in

the case of Gibraltar and in other cases the person in the relevant flag State

holding equivalent responsibilities.

Licensed pilots.

10.(1) Subject to subsection (2), the Captain of the Port may grant licence

to any person to act as a pilot for the purpose of providing pilotage service

to ships within BGTW if that person has obtained the qualification to be an

authorised pilot under section 9(2) and such licence may contain such

conditions as the Captain of the Port may think fit.

(2) No person shall be licensed as a pilot unless that person shall, after due

examination, have been recommended by the pilotage committee about his

general fitness and competency in accordance with section 13.

(3) In granting a licence under this section, the procedure set out by

Regulations must be followed.

Employment of pilots.

11.(1) No person shall be employed as an authorised pilot or licensed pilot

in a compulsory pilotage area unless that person is in possession of a valid

authorisation or a valid licence issued under this Act or the Regulations to

act as a pilot in any compulsory pilotage area within BGTW.

(2) Where an owner, agent or master of a ship fails to comply with

subsection (1), each of them commits an offence and is liable on summary

conviction to a fine on level 5 on the standard scale.

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(3) If any person, not being an authorised pilot or licensed pilot, engages

himself in any act of pilotage services or attempts to obtain employment as

a pilot of a ship by entering into or being within the compulsory pilotage

area, commits an offence and is liable on conviction to a fine not exceeding

level 4 on the standard scale.

(4) Except as provided for in subsection (5), a person authorised under

section 9(1) or licensed under section 10(1) acting beyond the limits for

which he is authorised or licensed to act or acting in contravention of any of

the conditions imposed under section 9(1) or section 10(1) shall be deemed

not to be an authorised pilot or licensed pilot and that person shall

accordingly be liable for an offence committed under section 9(4).

(5) Notwithstanding the provisions of this Act, any person may, without

subjecting himself or his employer to any penalty, act as the pilot of a ship

entering or leaving the compulsory pilotage area, when such ship is in

distress or under circumstances making it necessary for the master to avail

himself of the best assistance that can be found at the time.

Pilotage committee.

12.(1) The Captain of the Port shall appoint a committee to be called the

pilotage committee for the purposes of–

(a) holding inquiries into the conduct of authorised pilots and

licensed pilots in the discharge of their duties;

(b) making such arrangements as may be necessary for the training

of persons selected for or in the pilotage service;

(c) investigating and advising on such matters as may be referred

to the committee by the Captain of the Port; and

(d) carrying out such other functions as are conferred on the

committee by this Act.

(2) The pilotage committee shall consist of–

(a) the Deputy Captain of the Port who shall be the chairman of

the committee; and

(b) not less than 3 other persons including a pilot serving in the

port and 2 other persons must have, in the opinion of the

Captain of the Port, knowledge of or experience in nautical

matters.

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(3) A member of the pilotage committee shall hold office for such term,

not exceeding 3 years, as the Captain of the Port may specify in his

appointment and that person shall be eligible for re-appointment.

(4) At any meeting of the committee, 3 members of the pilotage

committee shall form a quorum.

(5) The chairman of the pilotage committee shall preside at all meetings

thereof.

(6) If the chairman is absent from a meeting or any part thereof, such

member, as the members of the pilotage committee present shall elect, must

preside in his place.

(7) The chairman or a member presiding at any meeting of the pilotage

committee shall have a vote and, in the case of an equality of votes, a

second or casting vote.

(8) Subject to the provisions of this Act, the Minister may, from time to

time, make Regulations for the purpose of regulating the meetings and

proceedings of the pilotage committee.

Examination of candidates for licences, etc.

13.(1) The pilotage committee shall examine candidates for employment as

a licensed pilot or being referred to by the Captain of the Port in connection

with granting a pilotage exemption certificate under section 5 and on being

satisfied as to a candidate’s general fitness and competency, including

physical fitness, to act as a licensed pilot, shall send its report in writing to

the Captain of the Port about the outcome of such examination.

(2) Every licensed pilot shall, whenever the pilotage committee considers

that owing to changed conditions or for any other sufficient reason the

further testing of the knowledge, efficiency or physical fitness of any such

pilot is necessary, present himself for further examination, and shall in

every such case first deposit with the committee his licence issued by the

Captain of the Port to be returned or cancelled by the committee on behalf

of the Captain of the Port as a result of such test or examination.

(3) No person shall continue to employ any person as a licensed pilot

whose licence to act as such is cancelled as a result of any test or

examination carried out or held under subsection (2).

(4) Where a person fails to comply with subsection (3), commits an

offence and is liable on summary conviction to a fine on level 4 on the

standard scale.

Inquiries by pilotage committee.

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14.(1) The pilotage committee may, and when directed by the Captain of

the Port shall, hold an inquiry into the conduct of an authorised pilot or

licensed pilot where it appears that he has been guilty of misconduct

affecting his capability as a pilot or has failed in or neglected his duty as a

pilot or has become incompetent to act as a pilot.

(2) For the purposes of the inquiry referred to in subsection (1), the

pilotage committee may summon any person to attend any meeting of the

committee to give evidence on oath or produce any document or other thing

in his possession and to examine him as a witness or require him to produce

any document or other thing in his possession relating to the matters which

are the subject matter of such inquiry.

(3) Any person who–

(a) being summoned to attend any inquiry under this section, fails

to do so;

(b) offers any act of disrespect or any insult or threat to the

pilotage committee or any member thereof during an inquiry;

or

(c) being required by the pilotage committee to give evidence on

oath or affirmation or to produce a document or other thing,

refuses to do so,

commits an offence and is be liable on conviction to a fine on level 3 on the

standard scale.

Submission of pilotage committee’s finding and recommendation to the

Captain of the Port.

15.(1) Where the pilotage committee, after due inquiry in accordance with

section 14(2) and after hearing any statement that may be offered in

defence, finds that a licensed pilot has been guilty of misconduct or

indiscipline affecting his capability or duties as a pilot or has failed in or

neglected his duty as a pilot or has become incompetent to act as a pilot, the

committee shall submit a copy of the record of the inquiry and its findings

and recommendations in respect of the inquiry to the Captain of the Port.

(2) The Captain of the Port may, after considering the findings and

recommendations of the pilotage committee, make a decision to suspend or

cancel the authorisation or the licence of such pilot or to impose such other

penalty as he may think fit.

(3) Any authorised pilot or licensed pilot who is aggrieved by any

decision of the Captain of the Port made under subsection (2) may, within

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14 days from the date of the decision, appeal to the Minister whose decision

shall be final.

Pilotage committee and the Captain of the Port not liable for loss or

damage caused by pilot.

16.(1) The authorisation granted by the Captain of the Port to any person to

pilot ships in the compulsory pilotage area under section 9(1) or the grant of

a licence to a pilot by the Captain of the Port under section 10(1) shall not

impose any liability on the pilotage committee or the Captain of the Port for

any loss or damage caused by any act, omission or default of such pilot.

(2) Any authorised pilot or licensed pilot while engaged in any pilotage

act shall be deemed to be the employee only of the master or owner of the

ship under pilotage and the Captain of the Port shall not be liable for any

loss or damage caused by any act, omission or default of such pilot.

General liability for loss or damage.

17.(1) The Government and the Gibraltar Port Authority shall not be

responsible for any loss or damage caused through any act, omission,

neglect or default of any pilot.

(2) The owner or master of a ship navigating under circumstances in

which pilotage is compulsory shall be liable for any loss or damage caused

by the ship or by any fault in the navigation of the ship in the same manner

as he would if pilotage were not compulsory.

(3) If, after a pilot has offered his services, a ship is navigated in

circumstances in which pilotage is compulsory and such ship is not under

the pilotage of an authorised pilot or licensed pilot, the master of the ship

commits an offence and is liable on summary conviction to a fine at level 4

on the standard scale.

(4) The grant or renewal of a licence to a pilot, granting authorisation to a

pilot or the conclusion of a pilotage agreement with any service provider by

the Captain of the Port, in accordance with the provisions of the Act or with

the Regulations shall not place or imply any liability on the Captain of the

Port, Gibraltar Port Authority or the Government of Gibraltar for any loss or

damage occasioned by an act or default of any pilot or the service provider,

whether the employment of a pilot is compulsory or not.

Pilots’ register.

18.(1) The Captain of the Port shall keep a register in which shall be

entered the name of every licensed pilot and authorised pilot under the

provisions of this Act.

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(2) The Captain of Port shall remove from the register the name of every

authorised pilot and licensed pilot –

(a) who has died;

(b) who has been absent from Gibraltar for more than three years;

and

(c) whose authorisation or licence has been suspended or revoked.

Suspension or revocation of a pilot’s authorisation or licence.

19.(1) The Captain of the Port may suspend or revoke any pilot’s

authorisation or licence issued by him if it appears to him, after giving the

holder thereof an opportunity of being heard, that the pilot–

(a) has been guilty of any offence under this Act or of the

Regulations;

(b) is liable for misconduct affecting his capability as a pilot;

(c) has failed to comply with the conditions of the licence;

(d) has failed in or neglected his duty as a pilot; or

(e) has become incompetent to act as pilot.

(2) A licence or authorisation, 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.

(3) If a pilot is aggrieved by–

(a) the suspension or revocation by the Captain of the Port of his

authorisation or licence;

(b) the refusal or failure of the Captain of the Port to renew his

authorisation or licence; or

(c) the refusal or failure of the Captain of the Port or the pilotage

committee who has obtained possession of his licence to return

it to him,

that pilot may appeal to the magistrates’ court.

(4) For the purpose of hearing the appeal, the magistrates’ court shall sit

with an assessor of nautical and pilotage experience selected and summoned

by the court.

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(5) Objection may be taken to any person to be summoned as an assessor,

either personally or in respect of his qualification, and by either party to the

appeal.

(6) The court may confirm or reverse the suspension or revocation of the

licence, or make such order in the case as may seem just, and such decision

shall be final, unless special leave to appeal from the same to the Supreme

Court on a question of law or a question of mixed law and fact is given by

the court, or by the Supreme Court, and in such case the decision of the

Supreme Court shall be final.

(7) The costs incurred by the Captain of the Port under this section shall

be paid out of the Consolidated Fund upon a warrant of the Minister.

(6) Regulations with respect to the procedure under this section (including

costs and the remuneration of assessors) may be made by the Minister.

Declaration as to particulars of ship.

20.(1) An authorised pilot or a licensed pilot may request, either orally or in

writing, the master of any ship which he is piloting to declare her relevant

particulars, such as, draught of water, length and beam, and the master shall

comply with any such request.

(2) The master of a ship who refuses to comply with any request made

under subsection (1), or makes or is privy to any other person making any

false statement to such authorised pilot or licensed pilot in answer to the

request, commits an offence and is liable on conviction to a fine not

exceeding level 4 on the standard scale.

Characteristics of pilot boats.

21.(1) Every pilot shall provide himself with a boat which is certified by

the Captain of the Port as fit for the purpose for which it is to be used.

(2) Every boat as referred to in subsection (1) shall be distinguished by the

following characteristics when engaged in pilotage duties-

(a) the word ‘PILOT’ shall be prominently displayed in a

conspicuous location;

(b) a flag (in this section referred to as a pilot flag) of two colours,

the upper horizontal half being white and the lower half being

red to be placed at the mast head; and

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(c) at night, lights to be displayed in accordance with the

Convention on the International Regulations for Preventing of

Collision at Sea, 1972.

(3) Every pilot shall ensure that–

(a) his boat possesses all the characteristics referred to in

subsection (2); and

(b) the pilot flag is kept clean and distinct, so as to be easily

discerned at a reasonable distance.

(4) Where a pilot, who fails to comply with the requirements of

subsection (3), without reasonable cause, commits an offence and is liable

on summary conviction to a fine at level 3 on the standard scale.

Pilotage rate for leading ships.

22. If any boat or ship, having on board an authorised pilot or licensed

pilot, leads any ship which has not such authorised pilot or licensed pilot on

board when the ship to be led cannot, from particular circumstances, be

boarded, the pilot so leading that ship shall be entitled to the full pilotage

rate for the distance run as if he had actually been on board and had charge

of that ship.

Receiving or offering improper rates of pilotage.

23.(1) No authorised pilot or licensed pilot shall demand or receive, dues in

respect of pilotage services at any other rates–

(a) whether greater or less, than the rates which may be demanded

by law; and

(b) any dues in respect of pilotage services, whether greater or

less, than the rates which may be demanded by law.

(2) No master of a ship or pilot shall offer to pay to any authorised pilot or

licensed pilot, dues in respect of pilotage services at any other rates, whether

greater or less, than the rates which may be demanded by law.

(3) A pilot or master who contravenes subsection (1) or (2), commits an

offence and is liable on summary conviction to a fine at level 2 on the

standard scale.

Recovery of pilotage dues.

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24.(1) The following persons shall be liable to pay pilotage dues for any

ship for which the services of an authorised pilot or a licensed pilot are

obtained–

(a) the owner or master of the ship; or

(b) any consignee or agent who has paid or made himself liable to

pay any other charge on account of the ship in the port as to

pilotage inwards or as to pilotage outwards,

and those dues may be recovered in the same manner as debt by

proceedings in the court, but that recovery shall not take place until a

previous demand has been made in writing.

(2) Any consignee or agent (not being the owner or master of the ship)

who is made liable for the payment of pilotage dues under subsection (1) in

respect of any ship may, out of any moneys received by him on account of

that ship or belonging to the owner thereof, retain the amount of all dues

paid by him, together with any reasonable expenses he may have incurred

by reason of the payment of the dues or his liability to pay the dues.

Offences by pilot.

25.(1) A licensed pilot or an authorised pilot who–

(a) has an interest directly or indirectly in the business of a ship

chandler or water boat owner;

(b) takes part in any fraud or offence against the revenue of

Gibraltar or the laws relating thereto;

(c) is in any way directly or indirectly concerned in any corrupt

practices relating to ships, their tackle, furniture, cargoes,

crews or passengers, or to persons in distress at sea or by

shipwreck, or to their moneys, goods or chattels;

(d) lends his licence to another person;

(e) acts as pilot whilst suspended;

(f) acts as pilot when in a state of intoxication;

(g) employs, or causes to be employed, on board any ship which

he is piloting any boat, anchor, cable, or other store, matter or

thing beyond what is necessary for the service of that ship,

with intent to enhance the expenses of pilotage for his own

gain or for the gain of any other person;

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(h) refuses or willfully delays, when not prevented by illness or

other reasonable cause, to pilot any ship within the limits for

which he is licensed, upon the signal for a pilot being made by

that ship, or upon being required to do so by the master, owner,

agent or consignee thereof, or by the Captain of the Port or any

boarding officer of the Gibraltar Port Authority, or by any

naval officer acting in the discharge of his duties;

(i) unnecessarily cuts or slips, or causes to be cut or slipped, any

cable belonging to any ship;

(j) refuses, otherwise than on reasonable ground of danger to the

ship, when requested by the master, to conduct the ship which

he is piloting into BGTW;

(k) quits the ship, which he is piloting, before the service for which

he was engaged has been performed and without the consent of

the master of the ship;

(l) wilfully or by neglect disobeys any lawful orders of the

Captain of the Port made or given for the control of authorised

pilots or licensed pilots in the exercise of their duties; or

(m) whilst in the exercise of his duties as pilot, canvasses, solicits

or procures from any ship or vessel any business for himself or

for any other individual whatsoever, or carries on, or

undertakes, directly or indirectly, any trade or business other

than that of a pilot,

commits an offence and is, in addition to any liability for damages, liable on

summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Any person who procures aids, abets or connives at the commission of

any offence under this section commits an offence and is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

Penalty on fraudulent use of licence.

26. A person who, not being an authorised pilot or licensed pilot, falsely

represents himself to be an authorised pilot or licensed pilot, either by

means of using an authorisation or a licence which he is not entitled to use

or by any other means, commits an offence and is liable on summary

conviction to a fine at level 4 on the standard scale.

Penalty on ordinary boat displaying pilot flag or marking.

27. A pilot flag, or a flag so nearly resembling a pilot flag or pilot marking

as to be likely to deceive, shall not be displayed on any ship or boat not

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having an authorised pilot or a licensed pilot on board, and, if any such flag

is displayed on any such ship or boat, the master of that ship, unless in the

case of the display of a flag likely to deceive he proves that he had no

intention to deceive, commits an offence and is liable on summary

conviction to a fine at level 3 on the standard scale.

Penalty on pilot endangering ship, life or limb.

28. A pilot who, when piloting a ship, by wilful breach of duty or by

neglect of duty, or by reason of drunkenness–

(a) does any act tending to the immediate loss, destruction or

serious damage of the ship, or tending immediately to endanger

the life or limb of any person on board the ship; or

(b) refuses or omits to do any lawful act proper and requisite to be

done by him for preserving the ship from loss, destruction or

serious damage, or for preserving any person belonging to or

on board the ship from danger to life or limb,

commits and offence and is liable on summary conviction to a fine at level 5

on the standard scale or on conviction to imprisonment.

Penalty on person obtaining charge of ship by misrepresentation.

29. If any person, by wilful misrepresentation of circumstances upon which

the safety of a ship may depend, obtains, or endeavours to obtain, the charge

of that ship, that person and every person procuring, abetting or conniving at

the commission of the offence commits an offence and, in addition to any

liability for damages, are each liable on summary conviction to a fine at

level 5 on the standard scale.

Power to make Regulations.

30.(1) The Minister may make Regulations for regulating pilotage in any

compulsory pilotage area and for the maintenance of good conduct and

discipline of authorised pilots and licensed pilot and for matters relating to

their duties.

(2) The Minister may make Regulations to–

(a) determine additional qualification in respect of age, physical

fitness, time of service, local knowledge, skill, character and

otherwise to be required from persons applying to be licensed

by the Captain of the Port as pilots, provide for the

examination of such persons, and fix the term for which a

licence is to be in force, and the conditions under which a

licence may be renewed;

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(b) fix the limit, if any, on the number of pilots to be licensed or

authorised, and provide for the method in which and the

conditions under which the list of pilots is to be filled up;

(c) provide that any contravention of or failure to comply with any

of the Regulations shall be an offence and may prescribe as a

penalty in respect of any one offence a fine not exceeding level

5 on the standard scale;

(d) fix the rates of payments or charges to be made in respect of

the services of a licensed pilot and authorised pilots and

provide for the collection of pilotage dues;

(e) regulate the amount payable to any company engaged in

pilotage as pilotage fees; and

(f) provide for the manner in which the amounts payable in

respect of pilotage fees are accounted for and their annual

review and increase.

(3) The Minister may make Regulations for the purposes of carrying out

the general objectives of this Act.

Amendments to the Merchant Shipping Act and repeal of the Pilot

Rules.

31.(1) PART IX of the Merchant Shipping Act (sections 180 to 203) is

repealed.

(2) Section 221A of the Merchant Shipping Act is repealed.

(3) Pilot Rules ((1935.06.27-1) are repealed.

Amendment to the Port Act and the Port Rules.

32.(1) Section 7 of the Port Act is repealed.

(2) Rule 4 of the Port Rules is amended by substituting “excepted” for

“exempted” and “section 4 of the Gibraltar Pilotage Act 2016” for “section

7 of the Act” in lines 1 and 2.

Savings and transitional provisions.

33. Notwithstanding the repeal by sections 31 and 32 (repealed provisions),

any action taken, proceedings started, authorisations or licences granted or

any other proceedings or actions pending before any authority, committee,

the Captain of the Port or any court under those repealed provisions shall be

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valid and continue as such until finally concluded as if the repeal provisions

have not come into force.