Pilotage Orders (Applications) Rules, 1928.

S.I. No. 82/1928 - Pilotage Orders (Applications) Rules, 1928. STATUTORY RULES AND ORDERS, 1928. No. 82.No. 82/1928: PILOTAGE ORDERS (APPLICATIONS) RULES, 1928 The Pilotage Orders (Applications) Rules, 1928, dated 20th December, 1928, made by the Minister for Industry and Commerce in pursuance of the provisions of the First Schedule to the Pilotage Act, 1913, relating to applications for Pilotage Orders under Section 7 (4) (b) of that Act. 1. (1) These rules may be cited as the Pilotage Orders (Applications) Rules, 1928. (2) In these rules unless the context otherwise requires:— "The Act" means the Pilotage Act, 1913. "The Minister" means the Minister for Industry and Commerce. "Applicant" means an applicant for a Pilotage Order. "Application" means an application for a Pilotage Order. "Order" means a Pilotage Order made under Section 7 of the Act. "Prescribed" means prescribed by these rules. (3) The Interpretation Act, 1889, applies to the interpretation of these rules in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the first day of January, 1924. 2. An applicant shall be a person interested in the pilotage of any pilotage district or in the operation of the laws relating to pilotage in that district or the administration of those laws. 3. An application shall be made, in writing, to the Secretary, Department of Industry and Commerce, Dublin, and shall be accompanied by the prescribed fee. 4. The application shall state fully the object which it is proposed to effect by the Order, and the provisions proposed to be inserted in the Order. 5. The applicant shall publish a notice of the application once in each of two successive weeks in the month immediately succeeding the date of the application in at least two newspapers of which one shall be Lloyd's List and Shipping Gazette , or The Journal of Commerce and of which the other shall be a newspaper circulating in the pilotage district in respect of which the application is made. 6. The notice of advertisement of the application shall contain:— (a) The name, address and description of the applicant. (b) A statement of the object proposed to be effected by the Order. (c) A list of the addresses at which copies of the draft Order are available for inspection and at which copies may be purchased at a charge not exceeding IS. each. (d) A statement of the manner in which and of the time within which representations or objections with reference to the application are to be made. 7. Any representation or objection with reference to any application shall be in writing and shall state fully the grounds on which it is based, and shall be deposited with the Secretary, Department of Industry and Commerce, Dublin, within a period of six weeks from the date of the first publication of the notice of application, and shall, in the case of an objection, be accompanied by the prescribed fee. A copy of any representation or objection shall be sent by the person making such representation or objection to the applicant within the same period. 8. Within seven days after the first publication of the advertisement the applicant shall:— (a) Furnish the Minister with a copy of the advertisement and with three copies of the draft Order. (b) Where the Pilotage Authority of the Pilotage District in respect of which the application is made are not themselves the applicants, send a copy of the advertisement to that Authority. 9. (1) As soon as may be after the prescribed period for lodging objections or representations has expired, the applicant shall furnish the Minister with:— (a) A copy of each of the newspapers in which the advertisement was published. (b) A certificate that the requirements of Rule 8 have been complied with. (c) A list of all objections or representations received by the applicant together with his observations upon each, and a certificate that paragraph (2) of this Rule has been complied with. (2) Before the date on which the documents mentioned in paragraph (2) of this rule are transmitted to the Minister the applicant shall transmit by registered post to each person from whom a representation or objection has been received, a copy of his observations thereon. 10. (1) As soon as may be after the receipt of the documents specified in the preceding rule, the Minister shall inquire of each person who has made an objection to the application whether, after considering the observations made in reply thereto by the applicant, he intends to maintain his objection, and shall inform him that if he does so intend, he must, within fourteen days, notify his intention to the Minister, (2) If a person who has made an objection to the application does not within the said period of 14 days notify the Minister of his intention to maintain the objection, the objection shall (at the expiration of that period) be deemed to be withdrawn. 11. As soon as may be after an Order has been made the Minister shall publish a Notice thereof in the newspapers indicated in Rule 5 and in the Iris Oifigiuil. 12. (1) The Minister may in the case of any application, representation or objection require the person making the same to furnish such further information or documents as the Minister may think fit. (2) The Minister may, subject to the provisions of the Act, dispense with any of the requirements of these rules, either unconditionally or upon such conditions as he may think fit, if he is satisfied that there is reasonable cause for such dispensation and that no person will be prejudiced thereby. 13. The fees payable by applicants or objectors under these rules shall be those specified in the Schedule hereto annexed, provided that the Minister may, if he thinks proper to do so, refund the whole or any part of such fees. (1) Fees payable by an Applicant. (a) On the application for an Order..................£3. (b) After the Order has been made and published by the Minister such sum not exceeding £15 as the Minister may direct in each case. (2) Fees payable by an Objector. (a) For every objection made..........................£2. By Order of the Minister. Dated this 20th day of December, 1928. GORDON CAMPBELL, Department of Industry and Commerce,