Merchant Shipping (Safety Convention) Act 1952

Certificates of Convention ships not registered in the State.

28

28. (1) The Minister may, at the request of the government of a country to which the Safety Convention applies, issue in respect of a ship registered in that country any certificate the issue of which in respect of ships registered in the State is authorised under F34[] this Act if he is satisfied that it is proper for him to do so; and a certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purposes of this Act as if it had been issued by the said government and not by the Minister.

(2) The Minister shall make such regulations as appear to him to be necessary for the purpose of securing that certificates issued in accordance with the Safety Convention by the government of any country other than the State in respect of Safety Convention ships not registered in the State, or having effect under subsection (1) of this section as if so issued, shall be accepted as having the same force as corresponding certificates issued by the Minister under this Act; and any certificate required by those regulations to be so treated is in this Act referred to as an accepted Safety Convention certificate.

(3) A surveyor of ships, for the purpose of verifying—

(a) that there is in force in respect of a Safety Convention ship not registered in the State an accepted Safety Convention certificate; or

(b) that the condition of the hull, equipments and machinery of any such Safety Convention ship corresponds substantially with the particulars shown in such a certificate; or

F35[(c) except where such certificate states that the ship is wholly exempt from the provisions of the Safety Convention relating to radiocommunications, that the number, grades and qualifications of personnel on board correspond with those shown in the certificate; or]

F35[(d) that any conditions on which such a certificate, being the equivalent of an exemption certificate, is issued are complied with],

shall have all the powers of an inspector of the Department of Industry and Commerce under the Merchant Shipping Acts.

(4) Where there is attached to an accepted Safety Convention certificate in respect of a Safety Convention passenger steamer not registered in the State a memorandum which—

(a) has been issued by or under the authority of the government of the country in which the steamer is registered; and

(b) modifies for the purpose of any particular voyage, in view of the number of persons carried on that voyage, the particulars stated in the certificate with respect to the life-saving appliances,

the certificate shall have effect for the purpose of that voyage as if it were modified in accordance with the memorandum.

Annotations

Amendments

F34

Repealed (14.05.1967) by Merchant Shipping Act 1966 (20/1966), s. 20(4)(b), S.I. No. 54 of 1967.

F35

Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 8(2)(d), commenced on enactment.

Modifications (not altering text)

C28

Application of subss. (1), (2) extended (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 19(7), (8), 28(7), (8), 37(7)(a), (b), 45(7)(a), (b), 60(3), (4), commenced on enactment.

Certification and endorsement (Chapter 1).

19.— ...

(7) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to international certificates of fitness (IBC) as they apply to a certificate the issue of which is authorised under that Act.

(8) Section 28(2) of the Act of 1952 applies in relation to international certificates of fitness (IBC) as it applies to a certificate issued under that Act and an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the government of another country, other than the State, to which the Safety Convention applies, under the Safety Convention, in respect of a ship to which this Chapter applies, other than an Irish ship, and accepted as having the same force in the State as an international certificate of fitness (IBC) shall be referred to as an accepted international certificate of fitness (IBC).

...

Certification and endorsement (Chapter 2).

28.—...

(7) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to international certificates of fitness (IGC) as they apply to a certificate the issue of which is authorised under that Act.

(8) Section 28(2) of the Act of 1952 applies in relation to international certificates of fitness (IGC) as it applies to a certificate issued under that Act and an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk issued by the government of another country, other than the State, to which the Safety Convention applies, under such Safety Convention, in respect of a ship to which this section applies, other than an Irish ship, and accepted as having the same force in the State as an international certificate of fitness (IGC) shall be referred to as an accepted international certificate of fitness (IGC).

...

Certification.

37.— ...

(7) (a) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to international certificates of fitness (INF) as they apply to a certificate authorised under that Act.

(b) Section 28(2) of the Act of 1952 applies in relation to international certificates of fitness (INF) as it applies to a certificate issued under that Act and any corresponding International Certificate of Fitness for the Carriage of INF Cargo issued by the government of another country, other than the State, to which the Safety Convention applies, under such Convention, in respect of a ship to which this section applies, other than an Irish ship, and accepted as having the same force in the State as a certificate of fitness (INF) shall be referred to as an accepted certificate of fitness (INF).

...

Certification and endorsement of high-speed craft (Chapter 4).

45.— ...

(7) (a) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to high-speed craft safety certificates as they apply to a certificate the issue of which is authorised under that Act.

(b) Section 28(2) of the Act of 1952 applies in relation to high-speed craft safety certificates as it applies to a certificate issued under that Act and a high-speed craft safety certificate issued by the government of another country, other than the State, to which the Safety Convention applies, under such Safety Convention, in respect of a ship to which this Chapter applies, other than an Irish ship, and accepted as having the same force in the State as a high-speed craft safety certificate shall be referred to as an accepted high-speed craft safety certificate.

...

Safe manning document.

60.— ...

(3) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to a minimum safe manning document as they apply to a certificate the issue of which is authorised under that Act.

(4) Section 28(2) of the Act of 1952 applies in relation to a minimum safe manning document as it applies to a certificate issued under that Act and a minimum safe manning document issued by the government of another country, other than the State, to which the Safety Convention applies, under such Safety Convention, in respect of a ship to which this Chapter applies, other than an Irish ship, and accepted as having the same force in the State as a minimum safe manning document shall be referred to as an accepted minimum safe manning document.

...

Editorial Notes

E88

Power pursuant to subs. (2) exercised (1.12.1983) by Merchant Shipping (Accepted Safety Convention Certificates) Regulations 1983 (S.I. No. 318 of 1983), in effect as per reg. 1(3).

E89

Power pursuant to subs. (2) exercised (12.11.1953) by Merchant Shipping (Accepted Safety Convention Certificates) Regulations 1953 (S.I. No. 345 of 1953).

E90

Previous affecting provision: power pursuant to subs. (2) exercised (3.05.1967) by Merchant Shipping (Accepted Safety Convention Certificates) Regulations 1967 (S.I. No. 111 of 1967); revoked (1.12.1983) by Merchant Shipping (Accepted Safety Convention Certificates) Regulations 1983 (S.I. No. 318 of 1983), reg. 1(4), in effect as per reg. 1(3).