Harbours act 2015

Act Number61
Enactment Date25 Dec 2015


Number 61 of 2015


HARBOURS ACT 2015


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and collective citation

2. Definitions

3. Expenses

4. Orders

5. Repeals and revocations

6. Temporary appointment of additional directors

7. Stamp duty not chargeable on transfer of shares or property under Act

PART 2

Transfer of Shareholding of Companies to Local Authorities

Chapter 1

Transfer of shareholdings to local authorities

8. Transfer of shareholding of company

9. Future disposal or issue of shares

10. General Ministerial powers of direction

Chapter 2

Matters relating to administration of transferred companies

11. Non-application of certain provisions of Act of 1996 to transferred company

12. Consequential amendments to Act of 1996

13. Form of memorandum and articles of association of transferred company

14. Restriction on alteration of memorandum or articles of association of transferred company

15. Commercial activities outside harbour limits by transferred company

16. Provisions with respect to sale, leasing and acquisition of land by transferred company

17. Payment of dividends by transferred company

18. Power to borrow by transferred company

19. Accounts and audits of transferred company

20. Chairperson’s report

21. Performance review of transferred company

22. Chairperson and directors of transferred company

23. Accountability of chairperson and chief executive to local authority

24. Disclosure by directors of transferred companies of certain interests

25. Chief executive of transferred company

26. Superannuation schemes of transferred company

27. General policy power of direction in relation to transferred company

PART 3

Transfer and Dissolution of Companies

28. Transfer and dissolution of company

29. Continuance of harbour and pilotage limits of dissolved company

30. Provisions with respect to staff of dissolved company

31. Superannuation with respect to staff of dissolved company

32. Transfer of property, rights and liabilities of dissolved company

33. Final accounts of dissolved company

PART 4

Bantry Bay Harbour and Dundalk Harbour

34. Future transfer of Bantry Bay Harbour

35. Future transfer of Dundalk Harbour

36. Pilotage district of Dundalk Harbour

PART 5

Amendment of Harbours Act 1996

37. Amendment of section 2 of Act of 1996 (interpretation)

38. Amendment of section 17 of Act of 1996 (articles of association)

39. Amendment of section 30 of Act of 1996 (employee, local authority and other directors)

40. Accountability to Oireachtas committees

41. Amendment of section 32 of Act of 1996 (disclosure by directors of certain interests)

42. Amendment of section 34 of Act of 1996 (membership of either House of Oireachtas, European Parliament or local authority)

43. Amendment of section 41 of Act of 1996 (existing superannuation schemes, establishment of pension funds, arrangements for pilots)

44. Amendment of section 43 of Act of 1996 (transfer of functions from one company to another company)

45. Amendment of section 44 of Act of 1996 (general Ministerial powers)

46. Amendment of section 72 of Act of 1996 (pilotage exemption certificates)

47. Amendment of section 79 of Act of 1996 (power of Minister to re-organise provision of pilotage services)

48. Amendment of section 83 of Act of 1996 (adaption of references in enactments to harbour authorities and pilotage authorities)

49. Amendment of section 91 of Act of 1996 (limits of harbours under the control or management of local authorities)

50. Amendment of Third Schedule to Act of 1996 (limits of harbours and pilotage districts) Dublin Port Company

PART 6

Amendment of Merchant Shipping Act 1992 and Fishery Harbour Centres Act 1968

51. Amendment of Merchant Shipping Act 1992

52. Amendment of Fishery Harbour Centres Act 1968

SCHEDULE 1

Companies to which an Order under Section 8 or 28 may refer

SCHEDULE 2

Consequential Amendments to the Act of 1996 in respect of a Transferred Company

SCHEDULE 3

Election of Employee Director of Transferred Company


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001 (No. 19)

Companies Act 2014 (No. 38)

Companies Acts

European Parliament Elections Act 1997 (No. 2)

Fishery Harbour Centres (Amendment) Act 1992 (No. 10)

Fishery Harbour Centres Act 1968 (No. 18)

Foreshore Act 1933 (No. 12)

Harbours (Amendment) Act 2009 (No. 26)

Harbours Act 1946 (No. 9)

Harbours Act 1947 (No. 34)

Harbours Act 1996 (No. 11)

Local Government Act 2001 (No. 37)

Local Government Reform Act 2014 (No. 1)

Maritime Safety Act 2005 (No. 11)

Maternity Protection Acts 1994 and 2004

Merchant Shipping (Certification of Seamen) Act 1979 (No. 37)

Merchant Shipping Act 1947 (No. 46)

Merchant Shipping Act 1992 (No. 2)

Merchant Shipping Acts 1894 to 2014

Minimum Notice and Terms of Employment Acts 1973 to 2005

Organisation of Working Time Act 1997 (No. 20)

Parental Leave Acts 1998 and 2006

Pensions Act 1990 (No. 25)

Planning and Development Act 2000 (No. 30)

Planning and Development Acts 2000 to 2014

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Redundancy Payments Acts 1967 to 2014

Sport Ireland Act 2015 (No. 15)

Stamp Duties Consolidation Act 1999 (No. 31)

Terms of Employment (Information) Acts 1994 to 2012

Unfair Dismissals Acts 1977 to 2007

Vehicle Clamping Act 2015 (No. 13)


Number 61 of 2015


HARBOURS ACT 2015


An Act to allow for the transfer of shareholdings in certain port companies to local authorities, for the transfer of certain port companies to local authority control and for the dissolution of certain port companies, to amend and extend the Harbours Acts 1996 to 2015, to repeal the Harbours Acts 1946 and 1947 and to amend the Merchant Shipping Act 1992 and the Fishery Harbour Centres Act 1968 and to provide for connected matters.

[25 th December, 2015]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

Short title and collective citation

1. (1) This Act may be cited as the Harbours Act 2015.

(2) The collective citation “the Harbours Acts 1996 to 2015” includes this Act, other than Part 6.

(3) The Merchant Shipping Acts 1894 to 2014 and section 51 may be cited together as the Merchant Shipping Acts 1894 to 2015.

(4) The collective citation “the Fishery Harbour Centres Acts 1968 to 2015” includes section 52 .

Definitions

2. In this Act—

“Act of 1996” means Harbours Act 1996 ;

“chief executive” means a chief executive of a transferred company;

“company” means a company formed under section 7 of the Act of 1996;

“company transfer and dissolution day” shall be construed in accordance with section 28 ;

“company transfer day” shall be construed in accordance with section 8 ;

“dissolved company” means a company or companies specified in an order made under section 28 ;

“elected council” shall be construed in accordance with section 2 of the Local Government Act 2001 ;

“harbour” shall be construed in accordance with section 2 of the Act of 1996 (as amended by section 37 );

“harbour master” shall be construed in accordance with section 37(1) of the Act of 1996;

“local authority” means a local authority within the meaning of section 2 of the Local Government Act 2001 (as amended by Part 1 of Schedule 1 to the Local Government Reform Act 2014 );

“local authority chief executive”, in relation to a transferred company, means the chief executive (within the meaning of section 144 (inserted by section 54 of the Local Government Reform Act 2014 ) of the Local Government Act 2001 ) of the local authority in which shares in the company have been vested by an order made under section 8 ;

“Minister” means Minister for Transport, Tourism and Sport;

“subsidiary” has the meaning assigned to it by section 2 (as amended by section 37 ) of the Act of 1996;

“transferred company” means a company or companies specified in an order made under section 8 .

Expenses

3. The expenses incurred by the Minister in the administration of the Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

Orders

4. Every order (other than an order made under section 8 or 28 ) made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order is annulled, but without prejudice to the validity of anything previously done under it.

Repeals and revocations

5. (1) The following are repealed:

(a) the Harbours Act 1946 ;

(b) the Harbours Act 1947 .

(2) The Port Companies (Appointment of Local Authority Directors) Regulations 2002 ( S.I. No. 34 of 2002 ) are revoked.

Temporary appointment of additional directors

6. (1) Notwithstanding section 30(1) of the Act of 1996 (as amended by section 39 ) and the memorandum and articles of association of a company, the Minister may, in respect of a company referred to in Schedule 1 , appoint 2 additional directors to the board of a company for a period specified under subsection (4).

(2) In respect of an appointment under subsection (1), the Minister may consult with the chief executive of the local authority in which shares in a company are proposed to be vested under section 8 or to which a company’s harbour is proposed to be transferred under section 28 and the chief executive of that local authority may...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT