Merchant Shipping (Safety Convention) Act 1952

Carriage of dangerous goods.

38

38. — (1) The Minister may make rules for regulating in the interests of safety the carriage of dangerous goods in ships to which this section applies.

(2) This section applies to—

(a) F51[Irish ships, and]

(b) other ships while they are within any port in the State, or are embarking or disembarking passengers within the territorial waters of the State, or are loading or discharging cargo or fuel within those waters.

F51[(3) If any of the rules made under this section is not complied with in relation to any ship, the owner or master of the ship commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000,

and the ship is deemed for the purposes of Part V of the Principal Act to be unsafe by reason of improper loading.]

(4) Any goods declared by the rules made under this section to be dangerous in their nature shall be deemed to be dangerous goods for the purposes of Part V of the Principal Act.

Annotations

Amendments

F51

Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 11(I)(i)(i), (ii), commenced on enactment. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

Editorial Notes

E106

Power pursuant to section exercised (9.10.2023) by Merchant Shipping (Dangerous Goods) Rules 2023 (S.I. No. 488 of 2023).

E107

Previous affection provision: power pursuant to section exercised (14.12.1992) by Merchant Shipping (Dangerous Goods) Rules 1992 (S.I. No. 391 of 1992), in effect as per rule 1(1); revoked (9.10.2023) by Merchant Shipping (Dangerous Goods) Rules 2023 (S.I. No. 488 of 2023), rule 4.

E108

Previous affecting provision: power pursuant to section exercised (1.12.1983) by Merchant Shipping (Dangerous Goods) Rules 1983 (S.I. No. 306 of 1983), in effect as per rule 1(1); revoked (14.12.1992) by Merchant Shipping (Dangerous Goods) Rules 1992 (S.I. No. 391 of 1992), rule 1(5), in effect as per rule 1(1).

E109

Previous affecting provision: power pursuant to section exercised (20.08.1968) by Merchant Shipping (Dangerous Goods) (Amendment) Rules 1968 (S.I. No. 179 of 1968); revoked (1.12.1983) by Merchant Shipping (Dangerous Goods) Rules 1983 (S.I. No. 306 of 1983), rule 1(5), in effect as per rule 1(1).

E110

Previous affecting provision: power pursuant to section exercised (14.05.1967) by Merchant Shipping (Dangerous Goods) Rules 1967 (S.I. No. 105 of 1967), in effect as per rule 1(5); revoked (1.12.1983) by Merchant Shipping (Dangerous Goods) Rules 1983 (S.I. No. 306 of 1983), rule 1(5), in effect as per rule 1(1).

E111

Previous affecting provision: power pursuant to section exercised (19.11.1953) by Merchant Shipping (Dangerous Goods) Rules 1953 (S.I. No. 347 of 1953), in effect as per rule 5; revoked (14.05.1967) by Merchant Shipping (Dangerous Goods) Rules 1967 (S.I. No. 105 of 1967), rule 1(6), in effect as per rule 1(5).