Harbours Act, 1996

Harbours Act, 1996 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1996 Harbours Act, 1996 Harbours Act, 1996 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 11 of 1996 HARBOURS ACT, 1996 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Regulations, orders and directions. 4. Expenses. 5. Repeals. 6. Penalties and proceedings. PART II Establishment and Administration of Companies 7. Formation of a company in respect of a harbour. 8. Name and capital formation of a company. 9. Limits of a company's harbour. 10. Form of memorandum of association. 11. Objects of a company. 12. General duties of a company. 13. Harbour charges. 14. Detention and sale of ship or goods for unpaid harbour charges. 15. Provisions with respect to sale, leasing and acquisition of land. 16. Compulsory acquisition of land. 17. Articles of association. 18. Restriction on alteration of memorandum or articles of association. 19. Issue of shares to Minister and Minister for Finance, etc. 20. Issue of shares to subscribers to memorandum of associ-ation. 21. Obligation of certain shareholders to hold shares in trust. 22. Payment of dividends, etc., into Exchequer. 23. Power to borrow. 24. Guaranteeing by the Minister for Finance of borrowings. 25. Financing of capital works. 26. Provision of money for payments out of Central Fund. 27. Accounts and audits. 28. Annual report, chairperson's report and furnishing of information to Minister. 29. Performance audits. 30. Employee, local authority and other directors. 31. Remuneration, etc., of directors appointed under section 30. 32. Disclosure by directors of certain interests. 33. Prohibition on unauthorised disclosure of information. 34. Membership of either House of the Oireachtas or European Parliament. 35. Chief executive. 36. Chief executive to be a director. 37. Provisions with respect to staff of a company (including harbour master). 38. Transfer of staff from former harbour authority or Department of the Marine to a company. 39. Provisions applicable to staff transferred under section 38. 40. Superannuation schemes. 41. Existing superannuation schemes, establishment of pension funds, arrangements for pilots, etc. 42. Harbour bye-laws. 43. Transfer of functions from one company to another company. 44. General ministerial powers. PART III Provisions in Relation Tosafety of Navigation and Security in Harbour 45. Buoys, etc. 46. Power of harbour master to give certain directions. 47. Power to require removal of ship. 48. Statement of ship's draught and cargo. 49. Power to enter ship and inspection of ship, goods and documents. 50. Obstruction of harbour master. 51. Saver for responsibilities of master of ship. 52. Prohibition on bringing certain ships, vehicles and articles within harbour. 53. Interference with a thing placed in harbour for purpose of safety. 54. Appointment of harbour police, functions of harbour police, etc. PART IV Pilotage 55. Interpretation (Part IV). 56. Organisation of pilotage. 57. Limits of a company's pilotage district. 58. Pilots' licences and warrants of appointment. 59. Pilotage agreement between company and licensed pilots. 60. Compulsory pilotage. 61. Right of a pilot to supersede unauthorised person. 62. Provision as to ships moving within harbour. 63. Liability for ships under compulsory pilotage. 64. Pilotage charges. 65. Liability for pilotage charges in respect of certain pilotage services. 66. Receiving or offering improper rates of pilotage charges. 67. Reference of disputes or disagreements to harbour master. 68. Accounts to be kept by licensed pilots. 69. Retirement age for pilots. 70. Limitation of liability in respect of pilots. 71. Pilotage bye-laws. 72. Pilotage exemption certificates. 73. Suspension, revocation or non-renewal of pilot's licence or pilotage exemption certificate in certain circumstances. 74. Appeal to Minister against conduct of company with respect to pilot's licence or pilotage exemption certificate. 75. Obligation of master to furnish information to a pilot. 76. Facilities to be given for pilot getting on board ship. 77. Conduct of pilot endangering ship or safety of persons. 78. Miscellaneous offences with respect to pilots. 79. Power of Minister to re-organise provision of pilotage services. 80. Miscellaneous powers of Minister with respect to pilotage. PART V Miscellaneous 81. Dissolution of certain harbour authorities and pilotage authorities. 82. Construction of reference to Shannon Harbour for certain purposes. 83. Adaptation of references in enactments to harbour authorities and pilotage authorities. 84. Proof of bye-laws. 85. Service of notices. 86. Amendment of Fishery Harbour Centres Act, 1968. 87. Power to establish companies in respect of harbours not mentioned in First Schedule. 88. Provisions with respect to transfer of certain harbours to local authorities. 89. Regulation of harbours under the control or management of local authorities. 90. Dissolution of Dún Laoghaire Harbour (Finance) Board. 91. Limits of harbours under the control or management of local authorities. 92. Records and archives of companies and harbour authorities. 93. Amendment of Act of 1946. 94. Saving for lighthouse authorities. 95. Provision with respect to superannuation schemes underAct of 1946. PART VI Transitional Provisions with Respect to a Company Established Pursuant to Section 7 96. Transfer of land and other property. 97. Transfer of rights and liabilities. 98. Exemption from stamp duty. 99. Liability for loss occurring before vesting day. 100. Continuance of pending legal proceedings. 101. Enforcement of judgments. 102. Continuance of certain notices, certificates, declarations and bonds. 103. Continuance of licences and permissions granted by a harbour authority or the Minister. 104. Transitional financial provisions in relation to Dún Laoghaire Harbour. 105. Application of Part VI as respects harbour authorities which are pilotage authorities. FIRST SCHEDULE Harbours in Respect of which Companies may be Established Pursuant to Section 7 and the Names of the Companies that may be so Established SECOND SCHEDULE Enactments Repealed THIRD SCHEDULE Limits of Harbours and Pilotage Districts FOURTH SCHEDULE Provisions Relating to Compulsory Acquisition FIFTH SCHEDULE Election of Employee Directors SIXTH SCHEDULE Purposes for which Bye-Laws may be made under Sections 42 and 71 Number 11 of 1996 HARBOURS ACT, 1996 AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE MANAGEMENT, CONTROL, OPERATION AND DEVELOPMENT OF CERTAIN HARBOURS, TO ENABLE THE MINISTER FOR THE MARINE, WITH THE CONSENT OF THE MINISTER FOR FINANCE, TO ESTABLISH COMPANIES IN RESPECT OF CERTAIN HARBOURS FOR THAT PURPOSE AND TO DEFINE THE FUNCTIONS OF COMPANIES SO ESTABLISHED, TO ENABLE THE MINISTER FOR THE MARINE TO MAKE, BY ORDER, PROVISION AS AFORESAID IN RESPECT OF CERTAIN OTHER HARBOURS, TO REVISE THE LAW RELATING TO PILOTAGE AND TO PROVIDE FOR THE CONFERRAL OF FUNCTIONS IN RELATION TO PILOTAGE ON CERTAIN COMPANIES AFORESAID, TO ENABLE CERTAIN HARBOURS AND PROPERTY TO BE TRANSFERRED TO LOCAL AUTHORITIES, TO AMEND THE FISHERY HARBOUR CENTRES ACT, 1968 , AND CERTAIN OTHER ENACTMENTS, TO PROVIDE FOR THE DISSOLUTION OF HARBOUR AUTHORITIES AND PILOTAGE AUTHORITIES, TO REPEAL THE HARBOURS ACTS, 1946 TO 1976, THE PILOTAGE ACT, 1913, AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [20th May, 1996] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title and commencement. 1.—(1) This Act may be cited as the Harbours Act, 1996. (2) (a) This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions. (b) An order under this subsection may as respects the repeal effected by section 5 (2) of the enactments mentioned in the Second Schedule fix different days for the repeal of different such enactments or for the repeal for different purposes of any such enactment. (c) An order under this subsection in relation to subsection (4) or (5) of section 88 shall only be made with the consent of the Minister for the Environment. Interpretation. 2.—(1) In this Act, except where the context otherwise requires— “the Act of 1946” means the Harbours Act, 1946 ; “company” means a company referred to in section 7 ; “company's harbour” shall be construed in accordance with section 7 (3); “the Companies Acts” means the Companies Act, 1963 , and every enactment which is to be construed with it as one Act; “contravene”, in relation to a provision, includes, where appropriate, fail or refuse to comply with the provision and cognate words shall be construed accordingly; “document” includes a disc, tape, sound track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form; “functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties; “harbour” (other than in sections 86 to 89 ) means a harbour, functions in respect of which are conferred on a company by or under this Act; “harbour authority” means a harbour authority within the meaning of the Act of 1946; “harbour master” shall be construed in accordance with section 37 (1); “holding company” has the meaning assigned to it by section 155 of the Companies Act, 1963 ; “former harbour authority” means a harbour authority referred to in section 81 ; “land” includes land covered by water; “local authority” means a local authority for the purposes of the Local Government Act, 1941 ; “master”, in relation to a ship, means the person having command or charge of the ship, but does not include a pilot; “the Minister” means the Minister for the Marine; “pilot” means any person not belonging to a ship who has the conduct thereof; “pilotage authority” has the same meaning as it has in the Pilotage Act, 1913 ; “pilotage district” means a pilotage district referred to in Part IV ; “recognised trade union or staff association” means a trade union or staff association recognised by a company for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions, of employees; “relevant vesting day” shall be construed in accordance with subsection (3) (a); “ship” includes any description of vessel used in navigation and any boat (other than a boat propelled by oars); “State authority” means an authority being— (a) a Minister of the Government, or (b) the Commissioners of Public Works in Ireland; “subsidiary” means a subsidiary (within the meaning of section 155 of the Companies Act, 1963 ) of the particular company to which the provision or provisions of this Act containing that expression falls or fall to be applied (whether or not any such provision falls to be applied to any other company or companies); “superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death. (2) A reference in this Act to the functions of the Minister in relation to Dún Laoghaire Harbour shall be construed as a reference to the functions of the Minister under the Dún Laoghaire Harbour Acts, 1990 and 1994. (3) (a) A reference in this Act to a relevant vesting day shall be construed as a reference to the day appointed under section 7 (2) in relation to the particular company to which the provision or provisions of this Act containing that reference falls or fall to be applied (whether or not any such provision falls to be applied to any other company or companies). (b) A reference in this Act to the commencement of section 56 or a provision thereof in relation to a company shall, where an order or orders under section 1 (2) fixes or fix different days for the commencement of that section or provision, as the case may be, for different purposes in relation to the company, be construed as references to the day on which, by virtue of the said order or orders, that section or provision, as the case may be, comes into operation in its entirety in relation to the company. (4) A reference in this Act to a Part, section or Schedule is a reference to a Part or section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended. (5) A reference in this Act to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. (6) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment. (7) Where any function of a company is, under the memorandum of association of a subsidiary, a function of the subsidiary, every provision of, or of any instrument under, this Act or any other enactment relating to the company shall, in respect of that function, apply to the subsidiary as it applies to the company. Regulations, orders and directions. 3.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purposes of enabling any provision of this Act to have full effect. (2) An order or regulation made by the Minister under this Act (other than an order made by the Minister under section 1 (2), 7 (2), 43 , 74 (1), 86 or 87 or paragraph 2 or 7 of the Fourth Schedule ) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. (3) Where it is proposed to make an order under section 43 , 86 or 87 or an order amending or revoking such an order, the Minister shall cause a draft of the order to be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House. (4) (a) The Minister may by order amend or revoke an order made by him or her under this Act (other than an order under section 1 (2) or 7 (2) but including an order under this paragraph). (b) The Minister may by direction amend or revoke a direction given by him or her under this Act (including a direction under this paragraph). (c) An order or direction under this subsection shall be made or given in the like manner and its making or giving shall be subject to the like (if any) consents and conditions as the order or direction that it is amending or revoking. (5) If in any respect any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may by regulations do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation, or for securing or facilitating its operation, and any such regulations may modify any provision of this or any other enactment so far as may be necessary or expedient for the purposes aforesaid but no regulations may be made under this subsection in relation to a provision of this Act after the expiration of 2 years from the commencement of that provision. Expenses. 4.—The 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. Repeals. 5.—(1) The Harbours Acts, 1946 to 1976, shall stand repealed in relation to— (a) a harbour in respect of which a company is established pursuant to section 7 , on the relevant vesting day, (b) a harbour in respect of which an order is made under section 87 , on the day specified in the order for that purpose, (c) a harbour to which an order under section 88 relates, on the commencement of that order. (2) Each enactment mentioned in column (2) of the Second Schedule is hereby repealed to the extent specified in column (3) of that Schedule. (3) So much of any enactment mentioned in the Third Schedule to the Act of 1946 or of any instrument made under any such enactment that is in force immediately before the commencement of this subsection and is inconsistent with any provision of this Act or any instrument made thereunder shall cease to have effect as on and from such commencement. (4) The enactments mentioned in the Fourth Schedule to the Act of 1946 shall not apply in relation to a company. Penalties and proceedings. 6.—(1) A person guilty of an offence under section 13 (6), 32 , 33 , 46 , 50 , 52 , 53 , 54 , 60 , 73 , 75 or 77 shall be liable— (a) on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both, or (b) on conviction on indictment, to a fine not exceeding £100,000 or imprisonment for a term not exceeding 2 years or both. (2) A person guilty of an offence under section 13 (2), 42 , 47 , 48 , 49 , 61 , 66 , 71 , 76 , 78 , 89 (2) or 92 (10) shall be liable, on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both. (3) (a) On conviction of a person on indictment for an offence to which subsection (1) relates the Court may, in addition to any other penalty, order any apparatus, equipment or other thing used to commit the offence to be forfeited. (b) An order under this subsection shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired. (4) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person being a director, manager, secretary or other officer of that body corporate, or a person who was purporting to act in that capacity, that person shall also be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. (5) (a) Summary proceedings for an offence under this Act may be brought and prosecuted by the company to which the offence relates or in whose harbour or pilotage district the offence has been committed. (b) Without prejudice to paragraph (a), summary proceedings for an offence under section 33 may be brought and prosecuted by the Minister. (6) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence. PART II Establishment and Administration of Companies Formation of a company in respect of a harbour. 7.—(1) The Minister, with the consent of the Minister for Finance, may in respect of each harbour mentioned in column (1) of the First Schedule cause a private company conforming to the conditions laid down in this Act to be formed and registered under the Companies Acts. (2) The Minister shall in relation to such a company by order appoint a day to be the vesting day for the purposes of this Act as soon as practicable after the registration of the company under the Companies Acts and the same day may be so appointed in relation to all or any two or more of the companies formed under the said Acts pursuant to this section. (3) A reference in this Act to a company's harbour shall be construed as a reference to the harbour mentioned in column (1) of the First Schedule in respect of which the company has been established pursuant to this section and like references shall be construed accordingly. Name and capital formation of a company. 8.—(1) The name of a company shall be the name mentioned in column (2) of the First Schedule opposite the mention in column (1) of that Schedule of the harbour in respect of which the company is established pursuant to section 7 . (2) Section 6 (1) (a) of the Companies Act, 1963 , shall not apply to a company. (3) (a) Subject to paragraph (b), the authorised share capital of a company shall be an amount not exceeding the total of the following: (i) the value of the property to be transferred to the company on the relevant vesting day under section 96 , and (ii) the amount of working capital of the company on the relevant vesting day, divided into shares of one pound each. (b) The Minister may, after consultation with the Minister for Finance, direct that the total amount obtained under paragraph (a) as respects a company shall, as the Minister specifies in the direction, be rounded upwards or downwards to the nearest £500,000 or £1,000,000 and the amount so obtained shall apply for the purposes of paragraph (a) as respects that company. (c) A company may, with the consent of the Minister and the Minister for Finance, divide the shares in its share capital into several classes, and attach thereto respectively any preferential, deferred, qualified or special rights, privileges or conditions. (d) No issue of shares in the share capital of a company shall be made other than those provided for in sections 19 , 20 and 25 . Limits of a company's harbour. 9.—(1) (a) The limits of a company's harbour shall be those set out in Part I of the Third Schedule . (b) A reference in this Act to a company's harbour shall be construed as including a reference to any point within the limits of its harbour as aforesaid. (2) (a) The Minister may, after consultation with the company concerned, by order alter the limits of a company's harbour as set out in Part I of the Third Schedule and for so long as such an order is in force the said Part, in so far as it relates to the said limits, shall be construed and have effect in accordance with the order. (b) The reference in paragraph (a) to an order in force shall, as respects such an order that is amended by an order in force under section 3 (4), be construed as a reference to the first-mentioned order as so amended. Form of memorandum of association. 10.—The memorandum of association of a company shall be in such form consistent with this Act as may be approved of by the Minister with the consent of the Minister for Finance. Objects of a company. 11.—(1) The principal objects of a company shall be stated in its memorandum of association to be— (a) to take all proper measures for the management, control, operation and development of its harbour and the approach channels thereto, (b) to provide such facilities, services, accommodation and lands in its harbour for ships, goods and passengers as it considers necessary, (c) to promote investment in its harbour, (d) to engage in any business activity, either alone or in conjunction with other persons, that it considers to be advantageous to the development of its harbour, (e) to utilise and manage the resources available to it in a manner consistent with the objects aforesaid. (2) Nothing in this section shall prevent or restrict the inclusion among the objects of a company as stated in its memorandum of association of all such objects and powers as are reasonably necessary or proper for or incidental or ancillary to the due attainment of the principal objects aforesaid and are not inconsistent with this Act. (3) A company shall have power to do anything which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in this Act or in its memorandum of association and is not inconsistent with any enactment for the time being in force. (4) Without prejudice to the generality of subsection (3), a company may— (a) take such steps either alone or in conjunction with other persons as are necessary for the efficient operation and management of its harbour, (b) appropriate any part of its harbour to the use of any person for the purposes of any trade or profession in consideration of the payment to it of such charges as the company considers reasonable, (c) promote leisure activities that may be carried on in its harbour or which relate to the marine generally, (d) engage either alone or in conjunction with other persons in activities outside the State (related to its functions in respect of its harbour) which, in its opinion, will promote the interests of trade or tourism in the State. General duties of a company. 12.—(1) It shall be the general duty of a company— (a) to conduct its affairs so as to ensure that the revenues of the company are not less than sufficient taking one year with another to— (i) meet all charges which are properly chargeable to its revenue account, (ii) generate a reasonable proportion of the capital it requires, and (iii) remunerate its capital and pay interest on and repay its borrowings, (b) to conduct its business at all times in a cost effective and efficient manner, (c) to regulate operations within its harbour, (d) to have due regard to the consequences of its activities on the environment, the heritage (whether natural or man-made) relating to its harbour and the amenities generally in the vicinity of its harbour. (2) Nothing in section 11 or this section shall be construed as imposing on a company, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject. Harbour charges. 13.—(1) A company may impose charges (in this Act referred to as “harbour charges”) at such rates as are from time to time determined by it on— (a) the owner or master of a ship which— (i) enters within its harbour, (ii) uses any quay, anchorage or mooring in its harbour, or (iii) plies within its harbour, (b) the owner, consignor, consignee or carrier of goods shipped, transhipped, unshipped or stored within its harbour, (c) the owner or master of a ship which carries passengers to or from a place within its harbour, (d) a person for whom any service or facility is performed or provided by it or to whom it hires any equipment. (2) (a) For the purpose of paragraph (a) of subsection (1) the master of a ship to which that provision applies shall furnish to the company concerned such type of certificate of tonnage in respect of the ship as is specified by the company and such other documentation in relation to the ship or goods thereon as may be specified by it. (b) For the purposes of paragraphs (b) and (c) of subsection (1), where passengers are to be carried, or goods are to be shipped, transhipped or unshipped, within a harbour the master of the ship on which the passengers or goods are to be carried or are carried, or, in the case of goods which are to be transhipped, the ship from which the goods are to be transferred, shall furnish to the company concerned a statement of the number of those passengers and their classes as such passengers or, as the case may be, a true account of such goods, in such form as may be specified by the company. (c) A master of a ship who refuses or fails to furnish to a company any certificate, documentation, statement or account referred to in paragraph (a) or (b) when requested by the company to do so shall be guilty of an offence. (3) Different rates of harbour charges may be imposed by a company in different circumstances. (4) Harbour charges may, in relation to any thing referred to in paragraph (a), (b) or (c) of subsection (1), be imposed by a company on two or more of the appropriate persons referred to in the said paragraph (a), (b) or (c), as the case may be, and where harbour charges are so imposed the liability of the persons concerned for the harbour charges shall be joint and several. (5) (a) Without prejudice to section 14 , harbour charges shall be recoverable by a company from the person or persons on whom they have been imposed as a simple contract debt in any court of competent jurisdiction. (b) The reference in paragraph (a) to harbour charges includes a reference to any balance of an amount of harbour charges remaining due to a company after it has sold a ship, goods, equipment or stores under section 14 to satisfy those charges or has received any payment on foot of any bond or other security concerned referred to in subsection (7). (6) A person liable to pay harbour charges to a company who evades or attempts to evade payment of the charges shall, without prejudice to any proceedings or steps taken or to be taken for the purpose of recovering the charges under subsection (5) or section 14 , be guilty of an offence. (7) (a) A company may require— (i) where the condition specified in paragraph (a) (i) or (b) of subsection (8) is satisfied, the owner or master of a ship, or (ii) where the condition specified in paragraph (a) (ii) of subsection (8) is satisfied, the agent for a ship, being in either case a ship the navigation of which or the fact of its carrying goods or passengers or of any other circumstances referred to in subsection (1) that involve the ship will result, or results, in harbour charges being imposed by the company (whether on one or more than one occasion), to give to the company a bond, or such other type of security as the company specifies, for the payment of those charges. (b) The amount of the bond or other security that a company may require to be given under this subsection (other than in relation to harbour charges imposed in respect of a ship referred to in subsection (8) (b)) shall not exceed 25 per cent. of— (i) if the company has imposed harbour charges on the owner, master or agent concerned (“the person concerned”) in each of two or more years prior to the making of the requirement, the average of the amount of harbour charges imposed by it on that person in such a year, (ii) if the company has imposed harbour charges on the person concerned in only one such year, the amount of harbour charges imposed by it on that person in that year, (iii) in any other case, the amount of harbour charges the company estimates it will impose on the person concerned in the period of 12 months commencing on the making of the requirement. (8) The conditions referred to in subsection (7) are— (a) that, before the making of the requirement referred to in that subsection— (i) the owner or master concerned has failed to pay harbour charges imposed by the company or, on 2 or more occasions, has paid harbour charges imposed by the company to the company after the latest date stipulated by it for their payment, or (ii) in the case of the agent concerned, he or she has failed to pay moneys to the company which he or she has received from a person on account of harbour charges imposed on that person by the company or, on 2 or more occasions, has paid moneys so received by him or her to the company after the latest date stipulated by it for the payment of the harbour charges concerned, (b) that— (i) the ship concerned has not entered the company's harbour on any previous occasion and the company does not regard it as likely that it will enter its harbour again in the period of 12 months commencing on the entry concerned, and (ii) the owner or master of the said ship has not retained an agent to act on his or her behalf for the purpose of paying any harbour charges that may be imposed by the company in the circumstances concerned. (9) If by reason of the situation of any harbour it is necessary for a ship proceeding to such a harbour to enter or anchor within the harbour of another company, then where a ship enters or anchors within the harbour of such a company for the purpose, and the purpose only, of proceeding to the first-mentioned harbour, the said company may not impose any harbour charges in respect of such entry or anchoring by that ship: Provided that this subsection shall not prevent the said company from imposing harbour charges of an amount that, having regard to all the circumstances, is fair and equitable in respect of any service it performs, facility it provides or equipment it hires in relation to a ship aforesaid whilst the ship is in its harbour. (10) If the company established pursuant to section 7 in respect of the first-mentioned harbour in subsection (9) considers that the amount of any harbour charges referred to in the proviso to the said subsection that have been imposed is not, having regard to all the circumstances, fair and equitable, it may request the company which imposed the charges to cancel the imposition of the said charges and impose harbour charges of another amount or, as appropriate, reimburse the payer of the said charges a portion of the said charges, and, if the said company fails or refuses to comply with such a request, either company may refer the matter to a person nominated by the Minister for his or her determination and the determination of that person in the matter shall be final. Detention and sale of ship or goods for unpaid harbour charges. 14.—(1) Where default is made in the payment of harbour charges imposed by a company under section 13 (1) the company may, subject to the provisions of this section, detain, pending payment of such charges— (a) if the charges were imposed under paragraph (a), (b) or (c) of section 13 (1), the ship or goods concerned or, if the goods concerned have been removed outside the harbour, any other goods within the harbour belonging to the person in default, or (b) if the charges were imposed under paragraph (d) of section 13 (1), any ship or goods in relation to which the service or facility concerned was performed or provided or the equipment concerned was hired or, if such goods have been removed outside the harbour, any other goods within the harbour belonging to the person in default, and if the charges are not paid within 56 days of the date when the detention commences, sell the ship or goods in order to satisfy the charges. (2) Notwithstanding subsection (1), if the goods detained by a company under that subsection are of a perishable nature the company may, subject to the provisions of this section, sell the goods at any time before the expiration of the period referred to in that subsection (without prejudice to its right to sell them after such expiration) in order to satisfy the harbour charges concerned. (3) No goods forfeitable under the Customs Acts shall be detained under subsection (1). (4) A company shall not detain, or continue to detain, a ship or goods under subsection (1) if— (a) the owner or master of the ship, the owner of the goods or any other person referred to in paragraph (b) or (d) of section 13 (1), as may be appropriate, or (b) any person claiming an interest in the ship or goods, alleges that the harbour charges concerned, or any of them, are not due and gives to the company, pending the determination of the question as to whether the charges are due, sufficient security for the payment of the charges which the company alleges to be due. (5) For the purpose of effecting the detention of a ship or goods under subsection (1), the harbour master of the harbour concerned may enter the ship or any place (including any ship or vehicle) within the harbour where the goods are and do all things in relation to the ship or goods necessary for or incidental to the said purpose and without prejudice to the foregoing may remove the goods from the said place and store them elsewhere. (6) If a company proposes to sell a ship that it has detained under subsection (1) or goods that it has so detained and which it estimates to be of more than £5,000 in value, it shall apply to whichever of the following courts is appropriate for leave to sell the ship or goods, namely— (a) if the company estimates the value of the ship or goods to be not more than £30,000, the Circuit Court, or (b) if the company estimates the value of the ship or goods to be more than £30,000, the High Court, and the Circuit Court or the High Court, as the case may be, shall not give such leave unless it is established that— (i) a sum is due to the company for harbour charges, (ii) default has been made in the payment thereof, and (iii) if the harbour charges concerned were imposed under paragraph (d) of section 13 (1), the ship or goods was or were the ship or goods in relation to which the service or facility was performed or provided by the company or the equipment was hired by the company or, as the case may be, the goods were otherwise goods which the company was entitled to detain under paragraph (b) of subsection (1). (7) (a) If a company proposes to apply for leave to sell a ship or goods under subsection (6), it shall take such steps as may be practicable for— (i) bringing the proposed application to the notice of persons whose interests may be affected by the determination of the court thereon, and (ii) affording to any such person an opportunity of becoming a party to the proceedings on the application. (b) Failure by a company to comply with a requirement of this subsection in respect of any sale shall not, after the sale has taken place, be a ground for impugning the validity of such sale but this paragraph shall not prejudice any action for damages against a company by a person suffering loss in consequence of a failure aforesaid. (8) (a) The following provisions shall have effect in respect of an order of a court granting leave under subsection (6) for the sale of a ship (in this subsection referred to as “the order”) and the sale of the ship on foot of such order— (i) the order shall contain a declaration vesting in the company concerned by virtue of the order the right to transfer the ship, and the company shall by virtue of such declaration be entitled to transfer the ship in the same manner and to the same extent as if it were the registered owner thereof, (ii) the sale shall operate to vest the ship in the purchaser freed of all mortgages, liens, charges or other interests therein whatsoever, and the purchaser shall not require any other evidence of the title to the ship than a copy, certified by the company concerned, of the order, (iii) a registrar of shipping shall, on production of the order or a copy thereof certified by the company concerned, register the bill of sale effecting the transfer in the same manner as if the company were the registered owner. (b) If a company sells a ship or goods under this section it shall secure that the ship or goods is or are sold for the best price that can reasonably be obtained. (9) The proceeds of any sale under this section shall be applied as follows, and in the following order, that is to say— (a) in payment of any duty (whether of customs or excise) or value-added tax chargeable on the ship or the goods, as the case may be, (b) in payment of the expenses incurred by the company concerned in detaining, keeping and selling the ship or the goods, as the case may be (including the expenses in connection with any application to a court under subsection (6)), (c) in payment of the harbour charges that the company concerned alleges to be due or, if an application has been made to a court under subsection (6), that the court on such application has found to be due, and the surplus, if any, of such proceeds shall be paid to, or among, the person or persons whose interest or interests in the ship or the goods have been divested by reason of the sale. (10) Nothing in this section shall operate to authorise the sale of any goods the importation or sale of which is for the time being prohibited by or under any enactment or to relieve from any restriction or compliance with any condition to which the importation or sale of goods is for the time being subject by or under any enactment. (11) The power of detention and sale conferred by this section in respect of a ship shall extend to the equipment of the ship and any stores for use in connection with the operation of the ship (being equipment and stores carried in the ship) whether or not such equipment or stores is or are the property of the person who is the owner or master of the ship and, accordingly— (a) references in subsection (1), subsections (4) to (9) and subsection (12) to a ship shall be construed (save where the context does not admit such a construction) as including references to such equipment and stores, (b) subsection (10) shall have effect in relation to such equipment and stores as it has effect in relation to goods. (12) (a) An application under subsection (6) to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the ship or goods concerned was or were detained. (b) If, in relation to an application under subsection (6) to the Circuit Court, that court becomes of opinion during the hearing of the application that the value of the ship or goods the subject of the application, is, contrary to the estimate of the company making the application, more than £30,000, it may, if it so thinks fit, transfer the application to the High Court. Provisions with respect to sale, leasing and acquisition of land. 15.—(1) A decision by a company to acquire any land or to dispose of any of its land (whether by sale or the grant of a lease) shall only be made by the directors of the company. (2) The consideration for which any land is sold by a company shall, in so far as is practicable, not be less than its open market value. (3) The rent to be reserved under a lease of land granted by the company shall be of an amount not less than the open market rent obtainable for that land save that a rent of below such an amount may be reserved under such a lease if— (a) in case any business or trade is to be carried on at the land, the company considers that, having regard to— (i) the amount of business or trade that is likely to be transacted at the land, or (ii) the effect the granting of the lease is otherwise likely to have on the amount of business or trade transacted in its harbour, it is appropriate to reserve a rent at below such an amount, or (b) in any other case, the Minister consents to the reservation of a rent at below such an amount. (4) (a) In deciding whether to acquire any land or in deciding the consideration it shall pay for the acquisition of any land, a company shall have regard to any Government policy or guidelines in relation to the acquisition of land by State enterprises which is or are for the time being extant. (b) Without prejudice to paragraph (a), where a company proposes to acquire land it shall cause a valuation of the land to be made by an appropriately qualified independent person. (c) In this subsection “State enterprise” means a company (within the meaning of the Companies Acts) one or more shares in the shareholding of which is held by a Minister of the Government and the principal objects of which (as stated in its memorandum of association) are prescribed in whole or part by statute. Compulsory acquisition of land. 16.—(1) A company may, in accordance with paragraphs 1 to 6 of the Fourth Schedule , acquire compulsorily any land (whether situate within or outside its harbour) or any interest in or right over any such land, for the purposes of ensuring the implementation of any scheme of development of its harbour or any part thereof which, in the opinion of the company, would prove impracticable without the land, interest or right concerned being included in the scheme. (2) (a) The provisions of paragraphs 7 and 8 of the Fourth Schedule shall, where appropriate, have effect in the circumstances set out in subparagraph (1) of the said paragraph 7 for the purposes of vesting land in a company. (b) The making of a vesting order by virtue of paragraph 7 of the Fourth Schedule shall not of itself prejudice any claim to compensation made after the making of the order in respect of any estate or interest in or right over the land, or any part thereof, to which the order relates and, accordingly, the provisions of paragraph 6 of the Fourth Schedule shall apply to such a claim. Articles of association. 17.—(1) (a) Subject to paragraph (b), a reference in subsection (3) to a director includes a reference to the chairperson and to every person who this Act provides is to be a director of a company. (b) A reference to a director— (i) in paragraph (b) of subsection (3), does not include a reference to the chief executive, the employee director or directors or the local authority directors, (ii) in paragraphs (c) and (d) of subsection (3), does not include a reference to the chief executive. (c) A reference in paragraph (e) of subsection (3) to the remuneration of a director is, in the case of the chief executive, a reference to his or her remuneration in his or her capacity as a director as distinct from a chief executive. (d) In this subsection— “employee director” means a director referred to in section 30 (1); “local authority director” means a director referred to in section 30 (6). (2) The articles of association of a company shall be in such form consistent with this Act as may be approved of by the Minister with the consent of the Minister for Finance. (3) The articles of association of a company shall provide that— (a) the number of directors of the company shall be not more than 12; (b) each such director shall be appointed by the Minister with the consent of the Minister for Finance; (c) each such director shall be appointed for a period not exceeding 5 years and shall be eligible for reappointment; (d) each such director may be removed from office by the Minister with the consent of the Minister for Finance; (e) the remuneration of each such director shall be determined by the Minister with the consent of the Minister for Finance; (f) the company shall consult with any recognised trade union or staff association concerned for the purposes of negotiations in relation to the pay and conditions of service of members of its staff; (g) the company shall not establish or acquire a subsidiary without the approval of the Minister given with the consent of the Minister for Finance; (h) the aggregate amount standing invested (whether by the purchase of shares or the provision of loans or guarantees of loans) by the company in undertakings (other than subsidiaries) shall not exceed £1,000,000, without the approval of the Minister given with the consent of the Minister for Finance. (4) In addition to the matters provided for in subsection (3), the articles of association of Dún Laoghaire Harbour Company shall provide that the company shall, in consultation with any recognised trade union or staff association concerned, set up machinery for the purposes of negotiations in relation to the pay and conditions of service of members of its staff. (5) (a) Subject to paragraph (b), a harbour master may attend formal meetings of directors of the company by whom he or she is employed and may, if the directors, in their discretion, permit him or her to do so, take part in the deliberations by those directors of any matter arising at such a meeting. (b) The directors of a company may, where they are of the opinion that the attendance by the harbour master at a particular meeting aforesaid or at a part of such a meeting would not be in the best interests of the proper and orderly conduct by them of business at that meeting or the administration of the company's affairs generally, require the harbour master not to exercise his or her right to attend that meeting or a specified part of that meeting and the harbour master shall comply with such a requirement. (c) Nothing in this subsection shall be construed as conferring on a harbour master a right to cast a vote in respect of any matter arising at a meeting aforesaid. Restriction on alteration of memorandum or articles of association. 18.—Notwithstanding anything contained in the Companies Acts, no alteration in the memorandum of association or articles of association of a company or of any subsidiary shall be valid or effectual unless made with the prior approval of the Minister given with the consent of the Minister for Finance. Issue of shares to Minister and Minister for Finance, etc. 19.—(1) (a) The Minister, with the consent of the Minister for Finance and following consultation with the company concerned, shall issue, as soon as possible after the relevant vesting day, to a company a certificate certifying the sum which in the opinion of the Minister represents the value of the property transferred under section 96 to the company. (b) A company shall, after receipt by it of a certificate as aforesaid, issue to the Minister, without payment by him or her, fully paid-up shares in the share capital of the company equal in nominal value to the sum certified in the certificate. (c) A company shall issue to the Minister for Finance one share of one pound in the share capital of the company. (d) The Minister for Finance may exercise in respect of his or her share in the share capital of a company all the rights and powers of a holder of such shares and, where a right or power is exercisable by attorney, exercise it by his or her attorney. (e) The cost of a share issued to the Minister for Finance as aforesaid shall be advanced to him or her out of the Central Fund or the growing produce thereof. (f) The Minister for Finance shall not transfer or alienate his or her share in the share capital of a company. (2) The Minister may, subject to this Act, exercise in respect of the shares of a company held by him or her all the rights and powers of a holder of such shares and, where a right or power is exercisable by attorney, exercise it by his or her attorney. (3) (a) The Minister may, from time to time as occasion requires for the purposes of compliance with so much of the Companies Acts as requires that there shall always be a minimum number of members of a company, transfer to any person one of his or her shares in the share capital of a company. (b) Save as authorised by paragraph (a), the Minister shall not transfer or alienate his or her shares in the share capital of a company. Issue of shares to subscribers to memorandum of association. 20.—(1) One share in the share capital of a company shall be issued to each of the subscribers to the memorandum of association of the company. (2) The cost of such shares shall be advanced to the subscribers out of the Central Fund or the growing produce thereof. Obligation of certain shareholders to hold shares in trust. 21.—(1) A member of a company to whom a share in the share capital of a company is issued under section 20 or transferred under section 19 (3) (a) shall hold that share in the company in trust for the Minister and shall accordingly be bound to pay all dividends and other money which he or she receives in respect of the share to the Minister for the benefit of the Exchequer and to transfer, as and when required by the Minister, the share to the Minister or a person nominated in that behalf by the Minister. (2) Save when required pursuant to subsection (1), such member shall not transfer or alienate his or her share in the share capital of a company. (3) Upon the death of a member of a company referred to in subsection (1), the share in the share capital of the company held by such member shall, without the necessity for a transfer, vest in the Minister. Payment of dividends, etc., into Exchequer. 22.—(1) All amounts representing dividends or other money received by the Minister in respect of shares held by him or her in the share capital of a company shall be paid into or disposed of for the benefit of the Exchequer in such manner as he or she may direct. (2) All amounts representing dividends or other money received by the Minister for Finance in respect of a share held by him or her in the share capital of a company and all amounts representing repayment of or interest on repayable advances received or recovered by him or her from a company shall be paid into or disposed of for the benefit of the Exchequer in such manner as he or she may direct. Power to borrow. 23.—(1) (a) Subject to the consent of the Minister and the Minister for Finance, a company or a subsidiary may, by means of the issue of debentures or otherwise, borrow money (including money in a currency other than the currency of the State) for capital purposes including working capital from persons other than the Minister for Finance. (b) The aggregate at any one time of borrowings under paragraph (a) by a company and a subsidiary or either of them shall not exceed 50 per cent, of the value of so much of the company's assets as are treated as fixed assets for the purposes of its accounts. (2) The Minister may, with the consent of the Minister for Finance, by order vary the percentage standing specified for the time being in subsection (1) (b). (3) A company or a subsidiary may borrow money (including money in a currency other than the currency of the State) temporarily but the aggregate standing unrepaid at any time of such borrowings by a company and a subsidiary or either of them shall not exceed such amount as may stand approved for the time being by the Minister with the consent of the Minister for Finance. (4) For the purposes of this section moneys borrowed in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual moneys borrowed, such equivalent being calculated according to the rate of exchange at the time of the borrowing for that currency and the currency of the State. Guaranteeing by the Minister for Finance of borrowings. 24.—(1) In relation to borrowings by a company under section 23 , the Minister for Finance, after consultation with the Minister, may guarantee, in such form and manner and in such money (including money in a currency other than the currency of the State) and on such terms and conditions as he or she thinks fit, the due repayment by the company of the principal of any money borrowed by the company or the due payment of instalments or other amounts of money owed by the company under a contract entered into by the company or the payment of interest on any money, instalment or amount or both the repayment of principal or payment of such instalments or amounts, as the case may be, and payment of the interest, and any such guarantee may include a guarantee of payment of commission and incidental expenses arising in connection with such borrowings or such contract. (2) Where a guarantee under this section is or has been given, the company concerned shall, if the Minister for Finance so requires, give to him or her such security (including, in particular, debentures) as may be specified in the requirement for the purpose of securing to the Minister for Finance the repayment of any money which he or she may be liable to pay or has paid under the guarantee. (3) The Minister for Finance shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year— (a) particulars of the guarantee, (b) in case any payment has been made by him or her under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to him or her on foot of the payment, and (c) the amount of money covered by the guarantee which was outstanding at the end of that year. (4) Money paid by the Minister for Finance under a guarantee under this section shall be repaid to the Minister for Finance (with interest thereon at such rate or rates as he or she appoints) by the company concerned within such period from the date of payment by the Minister for Finance as may be specified by him or her after consultation with the company. (5) Where the whole or any part of the money required by subsection (4) to be repaid to the Minister for Finance has not been repaid in accordance with that subsection, the amount so remaining outstanding shall be repaid to the Central Fund out of moneys provided by the Oireachtas. (6) Notwithstanding the provision of money under subsection (5) to repay an amount to the Central Fund, the company concerned shall remain liable to the Minister for Finance in respect of that amount and that amount (together with interest thereon at such rate or rates as the Minister for Finance appoints) shall be repaid to the Minister for Finance by the company at such times and in such instalments as he or she appoints and, in default of repayment as aforesaid and without prejudice to any other method of recovery, shall be recoverable by him or her from the company as a simple contract debt in any court of competent jurisdiction. (7) In relation to a guarantee under this section in money in a currency other than the currency of the State— (a) each of the references to principal, each of the references to instalments or other amounts of money, each of the references to interest and the reference to commission and incidental expenses in subsection (1) shall be taken as referring to the equivalent in the currency of the State of the actual principal, the actual instalments or other amounts of money, the actual interest or the actual commission and incidental expenses, as may be appropriate, (b) the reference to the amount of money in subsection (3) (c) shall be taken as referring to the equivalent in the currency of the State of the actual amount of money, such equivalent being calculated according to the rate of exchange for the time being for that currency and the currency of the State, (c) each of the references to money in subsections (4) to (6) shall be taken as referring to the cost in the currency of the State of the actual money. Financing of capit …