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Harbours Act, 1946
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1946
Harbours Act, 1946
Harbours Act, 1946
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Number 9 of 1946.
HARBOURS ACT, 1946.
ARRANGEMENT OF SECTIONS
Part I.
Preliminary and General.
Section
1.
Short title.
2.
Definitions.
3.
Expenses.
4.
General provisions as to regulations.
5.
Temporary provision with respect to membership of certain harbour authorities.
Part II
.
Members and Procedure of Harbour Authority.
6.
Commencement of Part II.
7.
Members of harbour authority.
8.
Special representation of local authorities in certain cases.
9.
Election year.
10.
Time for appointment, election and nomination.
11.
Appointment by the Minister in certain cases of elected members.
12.
Chamber of commerce members to be appointed at special meeting.
13.
Regulations in relation to elections of elected members of harbour authority.
14.
Term of office.
15.
Casual vacancy.
16.
Resignation of member of harbour authority.
17.
Prohibition of membership of harbour authority in more than one capacity.
18.
Restrictions in the case of local authority whose members stand removed from office.
19.
Disqualification.
20.
Meetings.
21.
Chairman and vice-chairman.
22.
Procedure at election of chairman or vice-chairman.
23.
Committees.
24.
Procedure and business.
25.
Minutes.
26.
Acting as member of harbour authority when disqualified.
27.
Termination of membership of members of pilotage committee.
28.
Construction of orders relating to pilotage committees.
Part III
.
Removal from Office of Members of Harbour Authority.
29.
Commencement of Part III.
30.
Removal from office of members of harbour authority.
31.
Reconstitution of membership of harbour authority after removal of members.
32.
Appointment of commissioners.
33.
Exercise of powers, etc., by commissioners.
34.
Tenure of office and remuneration of commissioner.
35.
Orders enabling this Part of this Act to have full force and effect.
36.
Adaptation of enactments.
37.
Continuity of existence.
Part IV
.
Officers and Servants of Harbour Authority.
38.
Officers and servants.
39.
General Manager and Secretary.
40.
Deputy General Manager.
41.
The secretary to be chief executive officer and to have right to attend meetings.
42.
Qualifications for offices.
43.
Age limit for offices.
44.
Removal of officer other than General Manager.
45.
Amalgamation of offices.
46.
Provisions as respects certain first appointments.
Part V
.
Operation of Harbour.
Chapter I.
General Powers and Duties of Harbour Authority.
47.
General duties.
48.
Cleaning, etc., of harbour.
49.
Provision of tenders, etc.
50.
Provision of sheds, etc.
51.
Provision of fire-fighting equipment.
52.
Provision of ballast.
53.
Lighters, ferries, etc.
54.
Warehousing.
55.
Exclusive appropriation of part of harbour.
56.
Running dry and lowering of water level in docks.
57.
Removal of obstructions.
58.
Buoys, etc.
59.
Accommodation for customs officers.
60.
Bye-laws.
61.
Agreements between harbour authorities and transport undertakings.
62.
Improvement of conditions of casual workers.
Chapter II.
Powers and Duties of Harbour Master of Harbour.
63.
Statement of draught.
64.
Statement of take or cargo of fish.
65.
Reporting of arrival of vessel at harbour.
66.
Production of certificates of registry.
67.
Power of harbour master to give certain directions.
68.
Power to require removal of vessel.
69.
Power to require loading or discharge of cargo.
70.
Breaking up of vessel.
71.
Power of entry into vessel in certain circumstances.
72.
Powers in respect of vessel entering or leaving dock.
73.
Detention of vessel in certain circumstances.
74.
Penalty for obstruction.
75.
Saver for responsibilities of master of vessel.
Chapter III.
Provisions in Relation to Goods and Documents of Title to Goods.
76.
Survey and examination of goods before they are unshipped.
77.
Survey and examination of goods landed.
78.
Superintendence of loading and unloading.
79.
Restriction on landing and shipping of goods.
80.
Access to goods.
81.
Certificates of deposit and warrants for delivery of goods.
82.
Notice to detain goods for payment of freight.
83.
Making of customs entry by harbour authority in certain cases.
84.
Validity of certain documents.
85.
Charges in respect of goods permitted to remain on quays or other places.
Chapter IV.
Provisions for the Safety of Harbour and Vessels therein.
86.
Marking of hazardous goods brought within harbour limits.
87.
Prohibition on bringing certain articles within harbour limits.
88.
Restriction on putting ballast, etc., into waters of harbour.
89.
Restriction on extinguishing of certain lights.
90.
Restriction on boiling pitch, etc.
91.
Prohibition on attaching vessels to buoys other than mooring buoys.
92.
Opening and closing of certain bridges.
93.
Opening and closing of gates of dock.
Part VI
.
Charging Powers.
Chapter I.
General Provisions in Relation to Rates.
94.
Power to charge rates.
95.
Continuation existing rates.
96.
Rates to be charged equally.
97.
Harbour facilities to be equally available on payment of rates.
98.
Inspecting and obtaining list of rates.
99.
Goods rates on goods not classified.
100.
Power to remit, exempt from, or compound for rates.
101.
Variation of rates within fixed maximum.
102.
Conditional exemption from rates.
103.
Absolute exemption from rates.
Chapter II.
Harbour Rates Orders.
104.
Making of harbour rates order.
105.
Application for harbour rates order.
106.
Notice of making, etc., of harbour rates order.
107.
Obligation to charge rates fixed by harbour rates order.
108.
Restriction on making of orders under section 3 of Harbours (Regulation of Rates) Act, 1934.
Chapter III.
Payment and Recovery of Rates.
109.
Person by whom rates are to be payable.
110.
Payment of rates.
111.
Obligations of masters of vessels in relation to goods unshipped or shipped.
112.
Obligations of persons shipping, transhipping or unshipping goods.
113.
Agreements in respect of the payment of rates.
114.
Ascertainment of rates payable.
115.
Penalties for evading payment of rates.
116.
Remedies for nonpayment of tonnage rates.
117.
Remedies for nonpayment of goods rates and service rates.
118.
Power to refuse to give clearance in certain cases.
Part VII.
Finance and Accounts.
119.
Application of revenue.
120.
General power to borrow.
121.
Temporary borrowing.
122.
Borrowing from local loans fund.
123.
Investment by trustees in certain stocks and mortgages.
124.
Protection of lenders.
125.
Establishment and abolition of funds.
126.
Regulations in relation to mortgages.
127.
Regulations in relation to stock.
128.
Prohibition on issue of irredeemable stock.
129.
Provisions in respect of trusts.
130.
Continuation of funds.
131.
Accounts.
132.
Audit.
133.
Assistance to harbour authorities by rating authorities.
Part VIII.
Harbour Works Orders.
134.
Harbour works order.
135.
Provisional harbour works order.
136.
Notice of proposal to make harbour works order other than provisional harbour works order.
137.
Local inquiries in regard to harbour works order.
138.
Application for harbour works order.
139.
Surveys and inspections.
140.
Duty of harbour authority to prevent danger to navigation in respect of works.
141.
Penalty for obstruction or interference in connection with harbour works order.
Part IX.
Contracts and Tenders.
142.
Contracts.
143.
Regulations as to tenders.
Part X.
Miscellaneous.
144.
Harbour authorities to be bodies corporate.
145.
Preservation of continuity of existence of harbour authority.
146.
Amendment by order of First Schedule to this Act.
147.
Principal office.
148.
Opposing of private bills.
149.
Insurance.
150.
Books, etc., to be open for inspection.
151.
Superannuation schemes.
152.
Charges for use of graving dock.
153.
Requirements as to dredging.
154.
Facilities for aircraft.
155.
Aerodromes.
156.
Officer or servant acting by authority of harbour master, etc.
157.
Lease by harbour authority.
158.
Acquisition of land or premises by agreement.
159.
Sale of surplus land or premises.
160.
Furnishing of information to the Minister.
161.
Joint works.
162.
Certain reclaimed lands to enure to the State.
163.
Cables, pipes and wires under or over tidal waters.
164.
Local inquiries.
165.
Travelling expenses of members of harbour authority.
166.
Provision of free transport.
167.
Payments for reception of certain persons, etc.
168.
Certain prohibitions or restrictions in contracts of tenancy to be void.
169.
Granting of leases by the Circuit Court.
170.
Right to enter or leave harbour.
171.
Production of certain books and documents to officer of customs and excise.
172.
Free passage for persons using lifeboats.
173.
Restrictions on appointment to office of profit, etc.
174.
Obligations in respect of proposal for illegal payment, etc.
175.
Service of document on harbour authority.
176.
Authentication of document.
177.
Prosecution of offences.
178.
Provisions in respect of certain roads.
179.
Provisions in respect of certain policing powers.
180.
Grand Canal Docks and Royal Canal Docks.
181.
Abolition of water bailiff's fees at Waterford Harbour.
182.
Abolition of city dues at Dublin Harbour.
183.
Abolition of cocket and entry tax at Cork Harbour.
184.
Special provisions with respect to certain sinking funds of Cork Harbour Commissioners.
185.
Provisions in respect of certain interests in river beds.
186.
Skerries Harbour and Balbriggan Harbour.
187.
Contributions towards expenses of pilotage authorities.
188.
Audit of accounts of pilotage authorities.
189.
Restriction of application of certain enactments.
190.
Provisions in regard to the enactments mentioned in the Third Schedule.
191.
Cesser of application of Acts mentioned in the Fourth Schedule.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
Acts Referred to
Air Navigation and Transport Act, 1936
No. 40 of 1936
Local Government Act, 1941
No. 23 of 1941
Local Authorities (Officers and Employees) Act, 1926
No. 39 of 1926
Harbours (Regulation of Rates) Act, 1934
No. 2 of 1934
Acquisition of Land (Reference Committee) Act, 1925
No. 22 of 1925
Finance (Customs Duties) (No. 4) Act, 1931
No. 43 of 1931
Number 9 of 1946.
HARBOURS ACT, 1946.
AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE MEMBERSHIP OF CERTAIN HARBOUR AUTHORITIES AND TO THE MANAGEMENT, CONTROL, OPERATION AND DEVELOPMENT OF THEIR HARBOURS, TO PROVIDE FOR THE CHARGING OF RATES BY SUCH HARBOUR AUTHORITIES, TO MAKE CERTAIN PROVISIONS IN RELATION TO PILOTAGE AUTHORITIES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [2nd April, 1946.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:â
PART I.
Preliminary and General.
Short title.
1.âThis Act may be cited as the Harbours Act, 1946.
Definitions.
2.â(1) In this Act, save where the context otherwise requiresâ
the words âaircraftâ and âaerodromeâ have the same meanings respectively as they have in the
Air Navigation and Transport Act, 1936
(No. 40 of 1936);
the expression âannual meetingâ has the meaning assigned to it by subsection (1) of
section 20
of this Act;
the expression âchamber of commerce memberâ has the meaning assigned to it by
section 7
of this Act;
the expression âthe collector of ratesâ means the collector of rates or the harbour master and collector of rates (as the case may be) under
section 38
of this Act of a harbour;
the expression âelected memberâ has the meaning assigned to it by
section 7
of this Act;
the expression âelection yearâ means a year which, in accordance with
section 9
of this Act, is an election year for the purposes of this Act in respect of the relevant harbour authority;
the expression âthe General Managerâ means the General Manager under
section 39
of this Act of a harbour;
the word âgoodsâ includes livestock, minerals, wares, chattels and merchandise of all descriptions;
the expression âgoods ratesâ has the meaning assigned to it by paragraph (b) of
section 94
of this Act;
the expression âgraving dockâ includes any patent slip, gridiron, saucer or other like work;
the word âharbourâ means the harbour of a harbour authority;
the expression âharbour authorityâ means a body mentioned in the first column of the
First Schedule
to this Act, butâ
(a) in the case of the council of the urban district of Kilrush, the expression shall be construed as referring to that council acting as the body maintaining Cappa Pier at Kilrush, and
(b) in the case of the council of the urban district of Youghal, the expression shall be construed as referring to that council acting as the body maintaining Youghal Harbour;
the expression âthe harbour masterâ means the harbour master or the harbour master and collector of rates (as the case may be) of a harbour under
section 38
of this Act;
the expression âharbour rates orderâ has the meaning assigned to it by
section 104
of this Act;
the expression âharbour works orderâ has the meaning assigned to it by
section 134
of this Act;
the expression âlabour memberâ has the meaning assigned to it by
section 7
of this Act;
the expression âlivestock memberâ has the meaning assigned to it by
section 7
of this Act;
the expression âlocal authorityâ means a local authority for the purposes of the
Local Government Act, 1941
(No. 23 of 1941);
the expression âlocal authority memberâ has the meaning assigned to it by
section 7
of this Act;
the expression âmanufacturer memberâ has the meaning assigned to it by
section 7
of this Act;
the word âmasterâ means the person having command or charge of the vessel in relation to which that word is used, but does not include pilots;
the expression âthe Ministerâ means the Minister for Industry and Commerce;
the expression ânominated memberâ has the meaning assigned to it by
section 7
of this Act;
the expression âthe office of the collector of ratesâ means such place or any of such places as may from time to time be designated by the relevant harbour authority for the purpose of payment of rates chargeable by them;
the word âownerâ includes, in relation to goods, any consignor, consignee, shipper or agent for sale or custody of such goods;
the expression âpilotage authorityâ has the same meaning as it has in the
Pilotage Act, 1913
;
the word âprescribedâ means prescribed by regulations made by the Minister under this Act;
the expression âprincipal officeâ means the principal office maintained by a harbour authority under
section 147
of this Act;
the expression âprovisional harbour works orderâ has the meaning assigned to by it by
section 135
of this Act;
the word âratesâ includes tonnage rates, goods rates and service rates;
the expression âthe secretaryâ means the secretary under
section 38
of this Act of a harbour;
the expression âservice ratesâ has the meaning assigned to it by paragraph (c) of
section 94
of this Act;
the expression âtonnage ratesâ has the meaning assigned to it by paragraph (a) of
section 94
of this Act;
the word âvesselâ includes a ship, boat or other vessel of any description.
(2) A reference in this Act to a contravention of any provision includes, where appropriate, a reference to a contravention of that provision by failing or refusing to comply therewith.
(3) Any reference in this Act to the limits of a harbour shall be construedâ
(a) in the case of a harbour as respects which a harbour works order fixing the limits thereof is for the time being in forceâas a reference to the limits of the harbour as fixed by such order, but subject to any variation therein for the time being in force under any other harbour works order, and
(b) in any other case, as a reference toâ
(i) if the harbour is Dublin Harbourâthe limits of Port of Dublin within the meaning of section 2 of the Dublin Port and Docks Act, 1869, and
(ii) if the harbour is not Dublin Harbourâthe limits of the harbour as existing immediately before the passing of this Act,
but subject to any variation therein for the time being in force under any harbour works order.
Expenses.
3.âThe expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
General provisions as to regulations.
4.â(1) The Minister may make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed.
(2) A power conferred by this Act on the Minister to make regulations shall be construed as a power to make such regulations in relation to harbour authorities generally or to one or more than one specified harbour authority and to make different regulations in relation to different harbour authorities.
(3) Regulations made by the Minister under this Act shall have the force of law in accordance with their terms.
Temporary provision with respect to membership of certain harbour authorities.
5.âThe following provisions shall, notwithstanding anything contained in any other section of this Act or in any other enactment, have effect in relation to a harbour authority (not being a local authority) during the period beginning on the day of the passing of this Act and ending on the day before the second Thursday in the month of October in the year appointed under
section 6
of this Act in respect of the harbour authority:
(a) subject to paragraph (b) of this section, the harbour authority shall consist of the persons acting as members thereof immediately before the passing of this Act;
(b) whenever any of the said persons dies or resigns, the vacancy occasioned thereby shall be filled by the remainder of the said persons co-opting a person to fill the vacancy;
(c) if any provisions contained in sections 37 to 52 and section 55 of the Commissioners Clauses Act, 1847, applied in relation to the harbour authority immediately before the passing of this Act, those provisions, subject to any variations which may have been made in them by the enactment by virtue of which they so applied, shall continue to apply in relation to the harbour authority.
PART II.
Members and Procedure of Harbour Authority.
Commencement of Part II.
6.â(1) This Part of this Act shall come into operation in relation to a harbour authority in such year as the Minister may by order appoint in respect of such harbour authority and as follows:
(a) so much of this Part of this Act as relates to the appointment, election and nomination of members of a harbour authority shall come into operation on the 7th day of July in the year so appointed,
(b) the remainder of this Part of this Act shall come into operation on the second Thursday in the month of October in the year so appointed.
(2) Where the Minister makes an order under this section in respect of a harbour authority which is a local authority, he shall include in the order, and it shall have effect accordingly, provisions creating on the second Thursday in the month of October in the year appointed by the order a new authority named in the order, transferring on that day to the new authority the harbour of the local authority, the management and control of such harbour and the assets, liabilities, officers and servants connected therewith and providing for any other matters supplemental or ancillary to the creation of the new authority, and the following provisions shall, in addition to those contained in the order, also have effect:
(a) the first appointment, election and nomination of the members of the new authority shall be carried out pursuant and subject to this Part of this Act as if the reference in the first column of Part II of the
First Schedule
to this Act to the local authority were a reference to the new authority,
(b) tonnage rates paid to the local authority during the year next preceding the year appointed by the order shall, in relation to such first election, be regarded as tonnage rates paid to the new authority during such preceding year,
(c) if the Minister appoints first members of the new authority under paragraph (b) of
section 11
of this Act, he shall so appoint two persons who in his opinion are representative of the persons who have paid tonnage rates to the local authority,
(d) on and after the second Thursday in the month of October in the year appointed by the order, the reference in the first column of Part II of the
First Schedule
to this Act to the local authority shall be construed as a reference to the new authority.
Members of harbour authority.
7.â(1) A harbour authority mentioned in the first column of
Part I
of the
First Schedule
to this Act shall consist of the following members:
(a) five members (in this Act referred to as local authority members) appointed by the local authority mentioned in the second column of the said Part I opposite the mention in the said first column of the harbour authority or, in the case of the Cork Harbour Commissioners, appointed as to four of such members by the local authority mentioned firstly in the second column of the said Part I opposite the mention in the said first column of the Cork Harbour Commissioners and as to the other one of such members by the local authority secondly mentioned as aforesaid;
(b) four members (in this Act referred to as chamber of commerce members) appointed by the chamber of commerce mentioned in the third column of the said Part I opposite the mention in the said first column of the harbour authority or, in the case of the Cork Harbour Commissioners, appointed as to two of such members by the chamber of commerce mentioned firstly in the third column of the said Part I opposite the mention in the said first column of the Cork Harbour Commissioners and as to the other two of such members by the chamber of commerce secondly mentioned as aforesaid;
(c) two members (in this Act referred to as livestock members) appointedâ
(i) in case one organisation is specified, in the order for the time being in force under subsection (3) of this section, by the organisation so specified,
(ii) in case two organisations are specified in the order for the time being in force under subsection (3) of this section, as to one of such members by the first organisation so specified and as to the other of such members by the second organisation so specified;
(d) two members (in this Act referred to as manufacturer members) appointed by the Federation of Irish Manufacturers, Limited;
(e) two members (in this Act referred to as labour members) appointed by the organisation specified in the order for the time being in force under subsection (4) of this section in respect of the harbour authority;
(f) four members (in this Act referred to as elected members) elected by the qualified electors;
(g) four members (in this Act referred to as nominated members) nominated by the Minister.
(2) A harbour authority mentioned in the first column of
Part II
of the
First Schedule
to this Act shall consist of the following members:
(a) (i) in the case of the New Ross Harbour Commissioners, six members (in this Act also referred to as local authority members) two of whom shall be appointed by each of the local authorities mentioned in the second column of the said Part II opposite the mention in the said first column of the New Ross Harbour Commissioners,
(ii) in the case of any other harbour authority, four members (in this Act also referred to as local authority members) appointed by the local authority mentioned in the second column of the said Part II opposite the mention in the said first column of the harbour authority or, where there are two local authorities so mentioned, appointed as to two of such members by the local authority mentioned firstly and as to the other two of such members by the local authority mentioned secondly;
(b) in the case of a harbour authority in respect of which a chamber of commerce is mentioned in the third column of the said Part II opposite the mention in the said first column of the harbour authority, two members (in this Act also referred to as chamber of commerce members) appointed by the chamber of commerce;
(c) two members (in this Act also referred to as elected members) elected by the qualified electors;
(d) three members (in this Act also referred to as nominated members) nominated by the Minister.
(3) The Minister for Agriculture may from time to time by order (which he may at any time by order revoke or amend) made in respect of a harbour authority mentioned in the first column of
Part I
of the
First Schedule
to this Act declare that a specified organisation or two specified organisations of livestock traders shall appoint the livestock members of such harbour authority.
(4) The Minister may from time to time by order (which he may at any time by order revoke or amend) made in respect of a harbour authority mentioned in the first column of
Part I
of the
First Schedule
to this Act declare that a specified organisation representative of labour interests shall appoint the labour members of such harbour authority.
(5) Each of the following persons or groups of persons shall, as respects any particular election of elected members of a harbour authority, be a qualified elector for the purposes of paragraph (f) of subsection (1) or paragraph (c) of subsection (2) (as may be appropriate) of this section:
(a) a body corporate incorporated in the State which on the 31st day of December next preceding the election was the owner of a vessel or vessels in respect of which there was paid to the harbour authority, during the year ended on such 31st day of December, tonnage rates of an amount not less than the minimum sum,
(b) an individual who was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year, tonnage rates of an amount not less than the minimum sum,
(c) a group of individuals any one of whom was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December were joint owners of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum,
(d) in the case of a corporate body not incorporated in the State which on the 31st day of December next preceding the election was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such corporate body provided that such manager was ordinarily resident in the State during such year,
(e) in the case of an individual who was not ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December was the owner of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such individual provided that such manager was ordinarily resident in the State during such year,
(f) in the case of a group of individuals none of whom was ordinarily resident in the State during the year ended on the 31st day of December next preceding the election and who on such 31st day of December were joint owners of a vessel or vessels in respect of which there was paid to the harbour authority during such year tonnage rates of an amount not less than the minimum sum, the representative manager of such group provided that such manager was ordinarily resident in the State during such year.
(6) In subsection (5) of this sectionâ
(a) the word âvesselâ means a vessel registered in the State under the Merchant Shipping Acts, 1894 to 1939,
(b) the word âownerâ means a registered owner within the meaning of the Merchant Shipping Acts, 1894 to 1939.
(7) In subsection (5) of this section, the expression âthe minimum sumâ meansâ
(a) as respects a harbour authority mentioned in
Part I
of the
First Schedule
to this Act, twenty pounds,
(b) as respects a harbour authority mentioned in
Part II
of the
First Schedule
to this Act, eitherâ
(i) ten pounds or,
(ii) in the case of any particular election in respect of which the Minister is of opinion that the application of subparagraph (i) of this paragraph would result in the number, of electors being unduly small, such sum less than ten pounds as the Minister directs.
(8) Until the first occurrence, after all moneys borrowed by the Galway Harbour Commissioners under
section 48
of the
Galway Harbour Act, 1935
(No. 2 (Private) of 1935), have been repaid, of a day which is the second Thursday in the month of October in an election year, subsection (2) of this section shall have effect in relation to the Galway Harbour Commissioners as if there were substituted therein for the words âfour membersâ the words âfive membersâ and for the words âappointed as to two of such membersâ the words âappointed as to three of such membersâ.
(9) One at least of the nominated members of a harbour authority mentioned in
Part II
of the
First Schedule
to this Act shall be a person who, in the opinion of the Minister, is representative of labour interests.
Special representation of local authorities in certain cases.
8.â(1) Whereâ
(a) a local authority (in this subsection referred to as the assisting authority) have afforded or agreed to afford financial assistance to a harbour authority, and
(b) the assisting authority are not a local authority which in accordance with this Act would ordinarily appoint local authority members of the harbour authority, and
(c) the Minister is of opinion that the assisting authority should have representation in the membership of the harbour authority,
the Minister, after consultation with the Minister for Local Government and Public Health, may by order declare eitherâ
(i) that the assisting authority shall appoint one or more of the local authority members of the harbour authority and that the number of such members to be appointed by any local authority which under this Act would ordinarily appoint such members shall be reduced correspondingly, or
(ii) that the assisting authority shall appoint one or more additional local authority members of the harbour authority.
(2) Where the local authority members of a harbour authority are for the time being appointed by two or more local authorities, the Minister may by order vary the number of such members to be appointed by each of such authorities.
(3) An order made under this section shall have effect in accordance with its terms on and after the first occurrence after the making of the order of a day which is the 7th day of July in an election year.
(4) The Minister may by order amend or revoke any order previously made by him under this section (including an order made under this subsection).
Election year.
9.â(1) The year in which this Part of this Act comes into operation in relation to a harbour authority shall be an election year for the purposes of this Act in respect of that harbour authority and is referred to in subsection (2) of this section as the first election year.
(2) The following years shall, in addition to the first election year, be election years for the purposes of this Act in respect of a harbour authority:
(a) in case the first election year is a year in which elections of members of councils of counties are heldâevery third successive year after the first election year,
(b) in any other caseâthe year, and every third successive year thereafter, in which elections of members of councils of counties are held next after the first election year.
Time for appointment, election and nomination.
10.â(1) During the period beginning on the 7th day of July and ending on the 31st day of August in an election year there shall take place, so far as may be necessary in accordance with this Act, in respect of a harbour authorityâ
(a) the appointment by the appropriate local authority or local authorities of persons to be the local authority members of the harbour authority,
(b) the appointment by the appropriate chamber of commerce or chambers of commerce of persons to be the chamber of commerce members of the harbour authority,
(c) the appointment, if the harbour authority is mentioned in
Part I
of the
First Schedule
to this Act, by the appropriate organisation or organisations of livestock traders of persons to be the livestock members of the harbour authority,
(d) the appointment, if the harbour authority is mentioned in
Part I
of the
First Schedule
to this Act, by the Federation of Irish Manufacturers, Limited, of persons to be the manufacturer members of the harbour authority,
(e) the appointment, if the harbour authority is mentioned in
Part I
of the
First Schedule
to this Act, by the appropriate organisation representative of labour interests of the labour members of the harbour authority, and
(f) the election by the appropriate electors of persons to be the elected members of the harbour authority.
(2) The nomination by the Minister of the persons to be the nominated members of a harbour authority shall take place during the period beginning on the 1st day of September and ending on the second Thursday in the month of October in an election year.
(3) Where, during the period beginning on the 7th day of July and ending on the 31st day of August in an election year, a local authority required to appoint persons to be the local authority members of a harbour authority fail to comply with such requirement either by not appointing any such persons, or by appointing less than the number of such persons which they are so required to appoint, the Minister may, as soon as conveniently may be, appoint so many persons to be members of the harbour authority as will remedy such failure.
(4) Where, during the period beginning on the 7th day of July and ending on the 31st day of August in an election year, a chamber of commerce required under this Act to appoint persons to be chamber of commerce members of a harbour authority fail to comply with such requirement either by not appointing any such persons or by appointing less than the number of such persons which they are so required to appoint, the Minister may, as soon as conveniently may be, appoint so many persons to be members of the harbour authority as will remedy such failure.
(5) Where, during the period beginning on the 7th day of July and ending on the 31st day of August in an election year, an organisation of livestock traders required under this Act to appoint persons to be livestock members of a harbour authority fail to comply with such requirement either by not appointing any such persons or by appointing less than the number of such persons which they are so required to appoint, the Minister may, as soon as conveniently may be, appoint so many persons to be members of the harbour authority as will remedy such failure.
(6) Where, during the period beginning on the 7th day of July and ending on the 31st day of August in an election year, an organisation of livestock traders required under this Act to appoint one person only to be a livestock member of a harbour authority fail to comply with such requirement, the Minister may, as soon as conveniently may be, appoint a person to be a member of the harbour authority to remedy such failure.
(7) Where, during the period beginning on the 7th day of July and ending on the 31st day of August in an election year, the Federation of Irish Manufacturers, Limited, being required under this Act to appoint persons to be manufacturer members of a harbour authority, fail to comply with such requirement either by not appointing any such persons or by appointing less than the number of such persons which they are so required to appoint, the Minister may, as soon as conveniently may be, appoint so many persons to be members of the harbour authority as will remedy such failure.
(8) Where, during the period beginning on the 7th day of July and ending on the 31st day of August in an election year, an organisation representative of labour interests required under this Act to appoint persons to be labour members of a harbour authority fail to comply with such requirement either by not appointing any such persons or by appointing less than the number of such persons which they are so required to appoint, the Minister may, as soon as conveniently may be, appoint so many persons to be members of the harbour authority as will remedy the failure.
(9) Where, during the period beginning on the 7th day of July and ending on the 31st day of August in an election year, electors required under this Act to elect persons to be elected members of a harbour authority fail to comply with such requirement either by not electing any such persons, or by electing less than the number of such persons which they are so required to elect, the Minister may, as soon as conveniently may be, appoint so many persons to be members of the harbour authority as will remedy such failure.
(10) A person appointed by the Minister under subsection (3), (4), (5), (6), (7), (8) or (9) of this section to be a member of a harbour authority shall be deemed for the purposes of this Act to have been duly appointed or elected to be a local authority member, a chamber of commerce member, a livestock member, a manufacturer member, a labour member or an elected member (as may be appropriate) of the harbour authority, but where his appointment by the Minister was made on or after the second Thursday in the month of October in the relevant election year, his term of office shall commence on the day next following the day of his appointment.
Appointment by the Minister in certain cases of elected members.
11.âWhere, as respects the election to be held in any particular election year of the elected member of a harbour authority, the Minister is of opinion that the electors will be so few in number as to render inappropriate the holding of the election, the Minister may by order direct that the election shall not be held and thereuponâ
(a) the election shall not be held, and
(b) the Minister shall, during the period beginning on the 1st day of September and ending on the second Thursday in the month of October in the election year, appoint four persons or two persons (as may be appropriate) who in his opinion are representative of payers of tonnage rates to the harbour authority to be the elected members of the harbour authority and such persons shall be deemed for the purposes of this Act to have been duly elected as the elected members of the harbour authority.
Chamber of commerce members to be appointed at special meeting.
12.âChamber of commerce members of a harbour authority appointed by a chamber of commerce shall be appointed at a meeting of the chamber of commerce held specially for that purpose.
Regulations in relation to elections of elected members of harbour authority.
13.â(1) The Minister shall make regulations in relation to the manner in which an election of the elected members of a harbour authority is to be conducted and such other matters relating to such election as he thinks proper.
(2) An election of elected members of a harbour authority shall be carried out under and in accordance with the regulations for the time being in force under this section in respect of the harbour authority.
Term of office.
14.â(1) Save as otherwise provided by this Act, the term of office of a member of a harbour authority shall commence on the second Thursday in the month of October in the election year in which he is appointed, elected or nominated (as the case may be).
(2) The term of office of a member of a harbour authority shall, unless he sooner dies, resigns or becomes disqualified, terminate on the day preceding the first occurrence after the day on which his term of office commences of a day which is the second Thursday in the month of October in an election year.
Casual vacancy.
15.â(1) Whenever a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a memberâ
(a) if the member was a local authority member, the local authority by whom he was appointed shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a local authority member to fill the vacancy,
(b) if the member was a chamber of commerce member, the chamber of commerce by whom he was appointed shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a chamber of commerce member to fill the vacancy,
(c) if the member was a livestock member, the organisation of livestock traders by whom he was appointed shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a livestock member to fill the vacancy,
(d) if the member was a manufacturer member, the Federation of Irish Manufacturers, Limited, shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a manufacturer member to fill the vacancy,
(e) if the member was a labour member, the organisation representative of labour interests by whom he was appointed shall, within two months after notice of the vacancy has been given to them under this section, appoint a person to be a labour member to fill the vacancy,
(f) if the member was an elected member, the remaining members of the harbour authority shall, within two months after the occurrence of the vacancy, fill the vacancy by co-option of a person to be an elected member, and
(g) if the member was a nominated member, the Minister shall nominate a person to be a nominated member to fill the vacancy.
(2) The term of office of a person who becomes a member of a harbour authority under this section shall commence on the day next following the day of his appointment, co-option or nomination (as the case may be).
(3) Where a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a local authority member, the harbour authority shall forthwith give notice by post of the vacancy to the local authority by whom the member was appointed.
(4) Where a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a chamber of commerce member, the harbour authority shall forthwith give notice by post of the vacancy to the chamber of commerce by whom the member was appointed.
(5) Where a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a livestock member, the harbour authority shall forthwith give notice by post of the vacancy to the organisation of livestock traders by whom the member was appointed.
(6) Where a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a manufacturer member, the harbour authority shall forthwith give notice by post of the vacancy to the Federation of Irish Manufacturers, Limited.
(7) Where a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a labour member, the harbour authority shall forthwith give notice by post of the vacancy to the organisation representative of labour interests by whom the member was appointed.
(8) Where a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a nominated member, the harbour authority shall forthwith give notice by post of the vacancy to the Minister.
(9) Where a vacancy occurs in the membership of a harbour authority by reason of the death, resignation, or disqualification of a member appointed by a body specified in paragraph (a), (b), (c), (d) or (e) of subsection (1) of this section and such body do not, within two months after the notice of the vacancy has been given to them under this section, fill the vacancy, the following provisions shall have effect:
(a) the harbour authority shall forthwith give notice by post to the Minister that the vacancy has not been filled, and
(b) the Minister may thereupon appoint a person to be a member of the harbour authority to fill the vacancy, and
(c) the person so appointed by the Minister shall be deemed for the purposes of this Act to have been duly appointed by such body to be a local authority member, a chamber of commerce member, a livestock member, a manufacturer member or a labour member (as the case may be) of the harbour authority to fill the vacancy.
Resignation of member of harbour authority.
16.âA member of a harbour authority may at any time resign his office by letter addressed to the harbour authority and the resignation shall take effect at the commencement of the meeting of the harbour authority next after the receipt by them of the resignation.
Prohibition of membership of harbour authority in more than one capacity.
17.âA person who becomes a member of a harbour authority in two or more capacities shall forthwith resign in all but one of those capacities and, if he fails so to do, the harbour authority may declare that he has resigned in all but a named one of those capacities, and thereupon he shall be deemed for all purposes to be a member of the harbour authority in such named capacity only and to have resigned his membership in the other capacity or capacities.
Restrictions in the case of local authority whose members stand removed from office.
18.âWhere the members of a local authority authorised by this Part of this Act to appoint members of a harbour authority stand removed from office by order made under
Part IV
of the
Local Government Act, 1941
(No. 23 of 1941), the following provisions shall have effect:
(a) a member of the harbour authority shall not be appointed by the commissioner or commissioners for the time being appointed under the said Part IV for the local authority save with the consent of the Minister,
(b) an order shall not be made under
section 52
of the
Local Government Act, 1941
(No. 23 of 1941), by the Minister for Local Government and Public Health in relation to the harbour authority save after consultation with the Minister.
Disqualification.
19.â(1) A person shall be disqualified for being appointed, elected or nominated or being a member of a harbour authority ifâ
(a) he is not an Irish citizen, or
(b) he has not attained the age of twenty-one years, or
(c) except in the case of being appointed or being a local authority member, the place where he ordinarily resides is more than thirty miles from the principal office of the harbour authority, or
(d) he holds any paid office under the harbour authority, or
(e) he has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been convicted on indictment or summarily of any crime, and sentenced to imprisonment with hard labour without the option of a fine or to any greater punishment, and has not received a free pardon, or
(f) has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been adjudged bankrupt, or made a composition or arrangement with his creditors, or
(g) has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been convicted of an offence under
section 26
of this Act.
(2) If a member of a harbour authority is absent from more than half of the meetings of the harbour authority during any period of six consecutive months, he shall vacate his office unless the harbour authority decides that there is good reason for such absence.
(3) Where any portion of a sum charged or surcharged by an auditor of the accounts of a harbour authority upon or against any person remains unpaid, such person shall be disqualified for being appointed, elected or nominated or being a member of any harbour authority until the sum so charged or surcharged is paid unless such person appeals from the charge or surcharge and, in the final determination of the appeal, it is decided that the charge or surcharge was not lawfully made or (in the case of an appeal to the Minister) is not to be enforced.
(4) A disqualification under subsection (3) of this section shall commenceâ
(a) where an appeal from the relevant charge or surcharge is not taken, on the expiration of the time limited for such appeal, and
(b) where such appeal is taken, on the expiration of one month after the final determination thereof.
(5) Where a person is disqualified under this section by being adjudged bankrupt or making a composition or arrangement with his creditors, the disqualification shall cease, in case of bankruptcy, when the adjudication is annulled or when he obtains his discharge with a certificate that his bankruptcy was caused by misfortune without any misconduct on his part, and, in the case of composition or arrangement, on payment of his debts in full.
(6) Where under this section a member of a harbour authority becomes disqualified for holding his office, or vacates his office through being absent from meetings, the harbour authority shall forthwith declare his office to be vacant and it shall thereupon become vacant.
Meetings.
20.â(1) A harbour authority shall hold a meeting (in this Act referred to as an annual meeting) on the second Thursday in the month of October in every year.
(2) Where an annual meeting cannot conveniently be held by a harbour authority on the second Thursday in the month of October in any particular year, the Minister may authorise the holding of the meeting on such day as he thinks proper not being later than twenty-one days after the said second Thursday, and the meeting may accordingly be held on the day so authorised.
(3) In addition to annual meetings, a harbour authority shall hold such and so many meetings as may be necessary for the exercise and performance of their powers and duties.
(4) The chairman of a harbour authority may at any time call a meeting of the harbour authority.
(5) If the chairman of a harbour authority refuses to call a meeting of the harbour authority after a requisition for that purpose, signed by three members of the harbour authority, has been presented to him, any three members of the harbour authority may forthwith, on that refusal, call a meeting of the harbour authority, and, if the chairman (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the harbour authority, any three members of the harbour authority may, on the expiration of those seven days, call a meeting of the harbour authority.
(6) Three clear days at least before a meeting of a harbour authority, notice of the time and place of the intended meeting, signed by the chairman or an officer of the harbour authority authorised by them in that behalf, or, if the meeting is called by members of the harbour authority, by those members, shall be fixed on the principal office of the harbour authority and, if the meeting is called by members of the harbour authority, the notice shall specify the business proposed to be transacted thereat.
(7) Three clear days at least before a meeting of a harbour authority, a summons to attend the meeting, specifying the business proposed to be transacted thereat, and signed by an officer of the harbour authority authorised by them in that behalf, shall be left at or sent by post to the usual place of abode of every member of the harbour authority, but failure so to leave or send such notice for or to a member or some of the members of the harbour authority shall not affect the validity of the meeting.
(8) No business shall be transacted at a meeting of a harbour authority other than that specified in the summons relating thereto and such business (if any) as may be required by this Act to be transacted thereat.
Chairman and vice-chairman.
21.â(1) At an annual meeting of a harbour authority, the harbour authority shall elect one of their members to be chairman of the harbour authority and another of their members to be vice-chairman thereof.
(2) A person elected to be chairman or vice-chairman of a harbour authority shall, unless he sooner dies, resigns, or becomes disqualified, hold office as chairman or vice-chairman (as the case may be) until immediately before the commencement of the next annual meeting of the harbour authority.
(3) Whenever the office of chairman or vice-chairman of a harbour authority becomes vacant through the death, resignation, or disqualification of the chairman or vice-chairman thereof, the harbour authority shall at their next meeting after the vacancy has taken place elect one of their members to be chairman or vice-chairman (as the case may be).
(4) The chairman or vice-chairman of a harbour authority, may at any time resign his office as chairman or vice-chairman by letter addressed to the harbour authority and the resignation shall take effect immediately before the commencement of the meeting of the harbour authority next after the receipt by them of the resignation.
(5) Whenever the chairman or vice-chairman of a harbour authority ceases during his term of office as chairman or vice-chairman to be a member of the harbour authority, he shall be disqualified for being, and shall forthwith cease to be, the chairman or vice-chairman (as the case may be).
Procedure at election of chairman or vice-chairman.
22.âAt an election of a chairman or vice-chairman of a harbour authority, the following provisions shall have effect:
(a) the proceedings shall begin by a member or members being proposed and seconded and no person who is not then proposed and seconded shall be a candidate;
(b) where there is only one candidate, he shall be elected;
(c) where there are more than two candidates, a poll shall be taken;
(d) if at such poll a majority of members present vote for any particular candidate, he shall be elected;
(e) if at such poll no candidate receives the votes of a majority of the members present, the candidate receiving the least number of votes shall be eliminated and, subject to the provisions of paragraph (g) of this section, one or more further polls (according as may be necessary) shall be taken;
(f) paragraphs (d) and (e) of this section shall apply in relation to such further poll or polls;
(g) where there are only two candidates or where, as a result of one or more polls taken under this section, all the candidates except two have been eliminated, the question as to which of such candidates shall be elected shall be put to the members present and whichever of such candidates receives the greater number of votes on such question shall be elected;
(h) if from an equality of votes given to two or more candidates any question arises under this section as to which of such candidates is to be eliminated or as to which of such candidates is to be elected, such question shall be decided by lot.
Committees.
23.â(1) A harbour authority may from time to time appoint such and so many committees as they think fit for purposes connected with the exercise or performance of such of their powers, duties and functions as would, in the opinion of the harbour authority, be better or more conveniently regulated or managed by or through a committee.
(2) A committee appointed under this section shall consist of not less than three members of the harbour authority appointing the committee.
(3) The acts of a committee appointed under this section shall be subject to the confirmation of the harbour authority by whom the committee were appointed, save that such harbour authority may, with the sanction of the Minister, empower any particular committee to do any act (including the institution of legal proceedings) within the authority conferred on the committee by such harbour authority which such harbour authority could themselves lawfully do.
(4) The quorum, procedure and place of meeting of a committee appointed under this section shall be such as may be appointed by regulations to be made by the harbour authority by which the committee is appointed.
Procedure and business.
24.â(1) The quorum for a meeting of a harbour authority shall be five in the case of a harbour authority mentioned in
Part I
of the
First Schedule
to this Act and four in the case of a harbour authority mentioned in Part II of the said Schedule.
(2) At a meeting of a harbour authorityâ
(a) the chairman of the harbour authority shall, if he is present, be chairman of the meeting;
(b) if the chairman of the harbour authority is not present or if the office of chairman is vacant, the vice-chairman of the harbour authority shall, if he is present, be chairman of the meeting;
(c) if the chairman of the harbour authority is not present or if the office of chairman is vacant and the vice-chairman is not present or the office of vice-chairman is vacant, the members of the harbour authority who are present shall choose one of their members to be chairman of the meeting.
(3) Save as otherwise provided by this Act, a question at a meeting of a harbour authority shall be determined by a majority of the votes of the members present and voting on the question and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.
(4) A harbour authority may act notwithstanding one or more vacancies in their membership.
(5) Whereâ
(a) a local authority or a chamber of commerce purport to appoint or the Minister purports to nominate or persons required to elect elected members purport to elect a person to be a member of a harbour authority, and
(b) such person acts as such member, and
(c) there was any informality (including want of qualification on the part of such person) in the purported appointment, nomination, or election of such person,
the acts and proceedings of such person shall, for the purposes of the proceedings of the harbour authority but not further or otherwise, be as valid and effectual as if there had been no such informality.
(6) Where a person who has duly become a member of a harbour authority becomes disqualified for being a member of the harbour authority, the acts and proceedings of such person after his becoming disqualified shall, for the purpose of the âŠ
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.