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Number 61 of 2015
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HARBOURS ACT 2015
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CONTENTS
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PART 1
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Preliminary and General
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Section
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1. Short title and collective citation
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2. Definitions
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3. Expenses
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4. Orders
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5. Repeals and revocations
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6. Temporary appointment of additional directors
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7. Stamp duty not chargeable on transfer of shares or property under Act
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PART 2
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Transfer of Shareholding of Companies to Local Authorities
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Chapter 1
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Transfer of shareholdings to local authorities
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8. Transfer of shareholding of company
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9. Future disposal or issue of shares
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10. General Ministerial powers of direction
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Chapter 2
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Matters relating to administration of transferred companies
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11. Non-application of certain provisions of Act of 1996 to transferred company
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12. Consequential amendments to Act of 1996
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13. Form of memorandum and articles of association of transferred company
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14. Restriction on alteration of memorandum or articles of association of transferred company
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15. Commercial activities outside harbour limits by transferred company
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16. Provisions with respect to sale, leasing and acquisition of land by transferred company
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17. Payment of dividends by transferred company
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18. Power to borrow by transferred company
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19. Accounts and audits of transferred company
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20. Chairperson’s report
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21. Performance review of transferred company
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22. Chairperson and directors of transferred company
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23. Accountability of chairperson and chief executive to local authority
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24. Disclosure by directors of transferred companies of certain interests
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25. Chief executive of transferred company
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26. Superannuation schemes of transferred company
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27. General policy power of direction in relation to transferred company
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PART 3
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Transfer and Dissolution of Companies
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28. Transfer and dissolution of company
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29. Continuance of harbour and pilotage limits of dissolved company
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30. Provisions with respect to staff of dissolved company
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31. Superannuation with respect to staff of dissolved company
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32. Transfer of property, rights and liabilities of dissolved company
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33. Final accounts of dissolved company
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PART 4
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Bantry Bay Harbour and Dundalk Harbour
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34. Future transfer of Bantry Bay Harbour
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35. Future transfer of Dundalk Harbour
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36. Pilotage district of Dundalk Harbour
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PART 5
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Amendment of Harbours Act 1996
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37. Amendment of section 2 of Act of 1996 (interpretation)
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38. Amendment of section 17 of Act of 1996 (articles of association)
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39. Amendment of section 30 of Act of 1996 (employee, local authority and other directors)
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40. Accountability to Oireachtas committees
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41. Amendment of section 32 of Act of 1996 (disclosure by directors of certain interests)
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42. Amendment of section 34 of Act of 1996 (membership of either House of Oireachtas, European Parliament or local authority)
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43. Amendment of section 41 of Act of 1996 (existing superannuation schemes, establishment of pension funds, arrangements for pilots)
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44. Amendment of section 43 of Act of 1996 (transfer of functions from one company to another company)
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45. Amendment of section 44 of Act of 1996 (general Ministerial powers)
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46. Amendment of section 72 of Act of 1996 (pilotage exemption certificates)
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47. Amendment of section 79 of Act of 1996 (power of Minister to re-organise provision of pilotage services)
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48. Amendment of section 83 of Act of 1996 (adaption of references in enactments to harbour authorities and pilotage authorities)
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49. Amendment of section 91 of Act of 1996 (limits of harbours under the control or management of local authorities)
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50. Amendment of Third Schedule to Act of 1996 (limits of harbours and pilotage districts) Dublin Port Company
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PART 6
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Amendment of Merchant Shipping Act 1992 and Fishery Harbour Centres Act 1968
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51. Amendment of Merchant Shipping Act 1992
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52. Amendment of Fishery Harbour Centres Act 1968
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SCHEDULE 1
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Companies to which an Order under Section 8 or 28 may refer
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SCHEDULE 2
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Consequential Amendments to the Act of 1996 in respect of a Transferred Company
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SCHEDULE 3
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Election of Employee Director of Transferred Company
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Acts Referred to
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Adoptive Leave Acts 1995 and 2005
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Carer’s Leave Act 2001
(No. 19)
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Companies Act 2014
(No. 38)
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Companies Acts
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European Parliament Elections Act 1997
(No. 2)
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Fishery Harbour Centres (Amendment) Act 1992
(No. 10)
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Fishery Harbour Centres Act 1968
(No. 18)
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Foreshore Act 1933
(No. 12)
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Harbours (Amendment) Act 2009
(No. 26)
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Harbours Act 1946
(No. 9)
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Harbours Act 1947
(No. 34)
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Harbours Act 1996
(No. 11)
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Local Government Act 2001
(No. 37)
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Local Government Reform Act 2014
(No. 1)
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Maritime Safety Act 2005
(No. 11)
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Maternity Protection Acts 1994 and 2004
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Merchant Shipping (Certification of Seamen) Act 1979
(No. 37)
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Merchant Shipping Act 1947
(No. 46)
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Merchant Shipping Act 1992
(No. 2)
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Merchant Shipping Acts 1894 to 2014
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Minimum Notice and Terms of Employment Acts 1973 to 2005
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Organisation of Working Time Act 1997
(No. 20)
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Parental Leave Acts 1998 and 2006
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Pensions Act 1990
(No. 25)
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Planning and Development Act 2000
(No. 30)
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Planning and Development Acts 2000 to 2014
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Protection of Employees (Fixed-Term Work) Act 2003
(No. 29)
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Protection of Employees (Part-Time Work) Act 2001
(No. 45)
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Public Service Pensions (Single Scheme and Other Provisions) Act 2012
(No. 37)
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Redundancy Payments Acts 1967 to 2014
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Sport Ireland Act 2015
(No. 15)
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Stamp Duties Consolidation Act 1999
(No. 31)
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Terms of Employment (Information) Acts 1994 to 2012
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Unfair Dismissals Acts 1977 to 2007
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Vehicle Clamping Act 2015
(No. 13)
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Number 61 of 2015
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HARBOURS ACT 2015
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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.
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[25 th December, 2015]
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Be it enacted by the Oireachtas as follows:
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