Merchant Shipping (Safety Convention) Act 1952
Issue for cargo ships of radio certificates and exemption certificates.
23. — (1) If the Minister, on receipt of declarations of survey in respect of a ship registered in the State, not being a passenger steamer, is satisfied that the ship complies with the radio rules and F26[navigation and tracking rules] applicable to the ship F27[…], he shall, on the application of the owner, issue in respect of the ship a certificate (in this Act referred to as a radio certificate) showing that the ship F28[complies with such requirements].
(2) If the Minister, on receipt of declarations of survey in respect of any such ship as aforesaid, is satisfied that the ship is exempt, by virtue of any exercise by him of a power in that behalf conferred on him by this Act or conferred on him by the rules in question, from any of the requirements of the radio rules or rules for F26[navigation and tracking rules] applicable to the ship F27[…] and that she complies with the rest of the requirements of the radio rules and rules for F26[navigation and tracking rules], he shall, on the application of the owner, issue in respect of the ship—
(a) an exemption certificate stating which of the requirements F27[…] relating to F29[radiocommunications] and F26[navigation and tracking systems and equipment], being requirements applicable as aforesaid, the ship is exempt from and that the exemption is conditional on the ship plying only on the voyages and complying with the other conditions (if any) specified in the certificate, and
(b) a certificate (in this Act referred to as a qualified radio certificate) showing that the ship complies with the rest of those requirements.
(3) Where any ship registered in the State is wholly exempt from the requirements of the radio rules and the rules for F26[navigation and tracking rules], the Minister shall on the application of the owner issue an exemption certificate stating that the ship is wholly exempt from the requirements F27[…] relating to F29[radiocommunications] and F26[navigation and tracking systems and equipment] and specifying the voyages on which, and conditions (if any) on which, the ship is so exempt.
Annotations
Amendments:
F26
Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 9(3)(a), (b), commenced on enactment.
F27
Deleted (1.06.2025) by Merchant Shipping (Investigation of Marine Accidents) Act 2025 (2/2025), s. 52(2)(d)(i)(I), (ii)(I), (II), (iii), S.I. No. 188 of 2025.
F28
Substituted (1.06.2025) by Merchant Shipping (Investigation of Marine Accidents) Act 2025 (2/2025), s. 52(2)(d)(i)(II), S.I. No. 188 of 2025.
F29
Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 8(2)(c), commenced on enactment.
Modifications (not altering text)
C22
Application of section restricted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 43(2)(c), commenced on enactment.
Application (Chapter 4).
43.— ...
(2) The following do not apply to a ship to which this Chapter applies, namely — ...
(c) the issue of a safety equipment certificate under section 22 or of a radio certificate under section 23 of the Act of 1952,
...
C23
Application of section modified (14.05.1967) by Merchant Shipping Act 1966 (20/1966), s. 14, S.I. No. 54 of 1967.
Issue of exemption certificates where Convention country issues corresponding qualified certificates.
14.—Where the Minister, under section 27 (9) of the Act of 1952, requests the government of a country to which the Convention applies to issue in respect of a ship such certificates as he is authorised to issue under section 20 (3), section 22 (2) or section 23 (2) of that Act or under paragraph (a) of section 4 (2) of this Act, and that government is willing to issue, in pursuance of that request, a qualified certificate thereunder but is not willing to issue the corresponding exemption certificate, the Minister may issue that exemption certificate in respect of the ship.
Editorial Notes:
E93
Previous affecting provision: subs. (1) amended (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 8(2)(c), 9(3)(b), commenced on enactment; substituted (1.06.2025) as per F-note above.