Merchant Shipping Act 2010

93.

Medical fitness of pilots and repeal.

93.— (1) The following section is inserted after section 58 of the Harbours Act 1996:

“Medical fitness of pilots.

58A.— (1) It is the duty of a company, as a result of medical examination, to assess whether the health of a person who is—

( a) employed or applies to be employed by the company on its staff as a pilot, or

( b) an applicant for the grant or renewal of, or the holder of, a pilot’s licence to perform acts of pilotage,

within its pilotage district is such as to enable the person to perform satisfactorily the duties of a pilot. The company in this regard must satisfy itself that the medical fitness of the person, particularly regarding eyesight, hearing and physical fitness, meets the standards required for certification of masters and officers in charge of a navigational watch under the International Convention on Standards of Training Certification and Watchkeeping for Seafarers 1978 done at London on 7 July 1978 and such other requirements as the company thinks appropriate.

(2) A person employed as a pilot or the holder of pilot’s licence must, for the purposes of assessment under subsection (1) by the company in whose pilotage district he or she acts as a pilot, undergo medical examination at intervals specified by the company but not later than in each period of 2 years.

(3) Where a company considers that the physical health of a person it employs, or who has applied to be employed, as a pilot or an applicant for the grant or renewal of, or the holder of, a pilot’s licence, within its pilotage district is not sufficient to enable the person to satisfactorily perform the duties of a pilot, the company may suspend or cease the employment, or refuse the application for employment, of the person as a pilot, or refuse the application for a pilot’s licence or suspend or revoke the holder’s pilot’s licence, as the case may be.

(4) Where a company suspends the employment of a person as a pilot the suspension ceases to have effect when the person is able to satisfy the company concerned of his or her physical fitness to satisfactorily perform the duties of a pilot.

(5) A pilot’s licence—

( a) if revoked under subsection (3) ceases to have effect, or

( b) if suspended under that subsection ceases to have effect until the holder is able to satisfy the company concerned of his or her physical fitness to satisfactorily perform the duties of a pilot.

(6) A decision under subsection (3) in respect of a pilot’s licence shall be notified to the applicant or holder concerned personally or by post at the address at which he or she resides.

(7) Where a company refuses to grant or renew a pilot’s licence or suspends or revokes a pilot’s licence under subsection (3) the applicant or holder, as the case may be, may, within the period of 21 days beginning on the date of the decision to refuse the application for the grant or renewal of a pilot’s licence or to suspend or revoke the pilot’s licence, apply to the judge of the Circuit Court, for the circuit in which the registered office of the company concerned is registered, for an order cancelling or varying the decision. The judge may confirm, cancel or vary the decision or require the company concerned to re-assess the appellant’s medical fitness in respect of his or her suitability to satisfactorily perform the duties of a pilot.”.

(2) Section 69 of the Harbours Act 1996 is repealed.

(3) Part II of the Sixth Schedule to the Harbours Act 1996 is amended:

( a) by substituting for paragraph 46 the following:

“46. Prescribing requirements that must be complied with by or in respect of a person who applies to the company—

( a) to be employed as a pilot, or

( b) to be granted a pilot’s licence to act as a pilot,

in its pilotage district, being requirements as to medical fitness (including particularly requirements regarding eyesight, hearing and physical fitness) completion of an apprenticeship, length of previous service as a pilot or mariner, local knowledge, skill, character and such other matters that the company deems appropriate.”,

and

( b) in paragraph 47, by substituting “(including requirements as to medical fitness and in particular requirements regarding eyesight, hearing and physical fitness)” for “(including requirements as to physical fitness)”.