Maritime Safety Act 2005


Number 11 of 2005


MARITIME SAFETY ACT 2005

REVISED

Updated to 1 December 2016


This Revised Act is an administrative consolidation of Maritime Safety Act 2005. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including National Tourism Development Authority (Amendment) Act 2016 (14/2016), enacted 16 November 2016, and all statutory instruments up to and including Sea Pollution (Prevention of Oil Pollution) (Amendment) (No. 2) Regulations 2016 (S.I. No. 578 of 2016), made 1 December 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 11 of 2005


MARITIME SAFETY ACT 2005

REVISED

Updated to 1 December 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Merchant Shipping Acts 1894 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Harbours Act 2015 (61/2015), s. 1(3)). The Acts in this group are:

Merchant Shipping Act 1894 (57 & 58 Vict. c. 60)

Merchant Shipping Act 1897 (60 & 61 Vict. c. 59)

Merchant Shipping (Mercantile Marine Fund) Act 1898 (61 & 62 Vict. c. 44)

Merchant Shipping Act 1906 (6 Edw. 7 c. 48)

Merchant Shipping (Amendment) Act 1920 (10 Geo. 5 c. 2)

Merchant Shipping Act 1921 (11 & 12 Geo. 5 c. 28)

Merchant Shipping (International Labour Conventions) Act 1933 (29/1933)

Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933)

Merchant Shipping (Amendment) Act 1939 (12/1939)

Merchant Shipping Act 1947 (46/1947)

Merchant Shipping (Safety Convention) Act 1952 (29/1952)

Merchant Shipping Act 1966 (20/1966)

Merchant Shipping (Load Lines) Act 1968 (17/1968)

Merchant Shipping (Certification of Seamen) Act 1979 (37/1979)

Merchant Shipping Act 1981 (33/1981)

Merchant Shipping (Light Dues) Act 1983 (18/1983)

Merchant Shipping Act 1992 (2/1992)

Merchant Shipping (Salvage and Wreck) Act 1993 (34/1993)

Merchant Shipping (Liability of Shipowners and Others) Act 1996 (35/1996)

Merchant Shipping (Commissioners of Irish Lights) Act 1997 (37/1997)

Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998)

Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000)

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (9/2005), s. 28

Maritime Safety Act 2005 (11/2005), other than Parts 5 and 6

Merchant Shipping Act 2010 (14/2010), other than s. 93

Local Government Reform Act 2014 (1/2014), s. 1(15), and s. 5(6) and sch. 2 part 6 (in so far as they amend the Merchant Shipping (Salvage and Wreck) Act 1993)

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Harbours Act 2015 (61/2015), s. 51

Acts previously included in the group but now repealed are:

Merchant Shipping (Exemption from Pilotage) Act 1897 (60 & 61 Vict. c. 61)

Merchant Shipping (Liability of Shipowners) Act 1898 (61 & 62 Vict. c. 14)

Merchant Shipping (Liability of Shipowners & Others) Act 1900 (63 & 64 Vict. c. 32)

Merchant Shipping Act 1907 (7 Edw. 7 c. 52)

Pilotage Act 1913 (2 & 3 Geo. 5 c. 31)

Merchant Shipping (Certificates) Act 1914 (4 & 5 Geo. 5 c. 42)

Merchant Shipping (Convention) Act 1914 (4 & 5 Geo. 5 c. 50)

Merchant Shipping (Salvage) Act 1916 (6 & 7 Geo. 5 c. 41)

Merchant Shipping (Wireless Telegraphy) Act 1919 (9 & 10 Geo. 5 c. 38)

Merchant Shipping (Helm Orders) Act 1932 (32/1932)

Pilotage (Amendment) Act 1962 (2/1962)

Fisheries (Amendment) Act 1983 (27/1983), s. 8, in so far as it amends the Merchant Shipping Act 1894, and s. 10(2)

Fisheries (Amendment) Act 1994 (23/1994), s. 4

Shannon Navigation Acts 1990 and 2005 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Maritime Safety Act 2005 (11/2005), s. 1(8)). The Acts in this group are:

Shannon Navigation Act 1990 (20/1990)

Maritime Safety Act 2005 (11/2005), s. 57

Canals Acts 1986 and 2005 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Maritime Safety Act 2005 (11/2005), s. 1(7)). The Acts in this group are:

Canals Act 1986 (3/1986)

Maritime Safety Act 2005 (11/2005), s. 56

Fishery Harbour Centres Acts 1968 to 2015: this Act is one of a group of Acts included in this collective citation ( Harbours Act 2015 (61/2015), s. 1(4)). The Acts in this group are:

Fishery Harbour Centres Act 1968 (18/1968)

Fishery Harbour Centres Act 1980 (22/1980)

Fishery Harbour Centres (Amendment) Act 1992 (10/1992)

Fisheries and Foreshore (Amendment) Act 1998 (54/1998), s. 6 and ss. 1 and 7, in so far as they relate to s. 6

Maritime Safety Act 2005 (11/2005), s. 54

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 102

Vehicle Clamping Act 2015 (13/2015), s. 35

Harbours Act 2015 (61/2015), s. 52

Maritime Safety Acts 1992 to 2006: this Act is one of a group of Acts included in this collective citation ( Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 1(8)). The Acts in this group are:

Merchant Shipping Act 1992 (2/1992)

Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000)

Maritime Safety Act 2005 (11/2005), Parts 2, 3 and 4

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 104

Foreshore Acts 1933 to 2014 : this Act is one of a group of Acts included in this collective citation ( Local Government Reform Act 2014, s. 1(13)). The Acts in the group are:

Foreshore Act 1933 (12/1933)

Foreshore (Amendment) Act 1992 (17/1992)

Fisheries and Foreshore (Amendment) Act 1998 (54/1998), s. 5 and ss. 1 and 7 in so far as they relate to s. 5

Fisheries (Amendment) Act 2003 (21/2003), s. 32 and s. 2, in so far as it relates to s. 32

Maritime Safety Act 2005 (11/2005), Part 6

Foyle and Carlingford Fisheries Act 2007 (17/2007), s. 35

Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), other than s. 1(3) and (5), Part 3 and sch. 2

Foreshore (Amendment) Act 2011 (11/2011)

Local Government Reform Act 2014 (1/2014), s. 1(13), and s. 5(6) and sch. 2 part 6 (in so far as they amend the Foreshore (Amendment) Act 1992)

Harbours Acts 1996 to 2015: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Harbours Act 2015 (61/2015), s. 1(2)). The Acts in this group are:

Harbours Act 1996 (11/1996)

Harbours (Amendment) Act 2000 (21/2000)

Maritime Safety Act 2005 (11/2005), s. 58

Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), Part 4 and s. 1(4)

Harbours (Amendment) Act 2009 (26/2009), other than ss. 7(1) and (2), 20 and 21(3)

Vehicle Clamping Act 2015 (13/2015), s. 36

Harbours Act 2015 (61/2015), other than Part 6

Harbours Acts 1946 to 2005 : this Act is one of a group of Acts previously included in this collective citation, to be construed together as one ( Maritime Safety Act 2005 (11/2005), s. 1(4)). The substantive provisions included in the collective citation still in force were repealed (25.12.2015) by Harbours Act 2015 (61/2015), s. 5(1), commenced on enactment.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1997, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Merchant Shipping Act 2010 (14/2010)

Inland Fisheries Act 2010 (10/2010)

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006)

Merchant Shipping (Salvage and Wreck) Act 1993 (34/1993)

Merchant Shipping Act 1992 (2/1992)

Merchant Shipping Act 1966 (20/1966)

Merchant Shipping (Safety Convention) Act 1952 (29/1952)

Merchant Shipping Act 1906 (6 Edw. 7 c. 48)

All Acts up to and including National Tourism Development Authority (Amendment) Act 2016 (14/2016), enacted 16 November 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Inland Waterways and Waterways Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 195 of 2011)

Sea Fisheries, foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 707 of 2007)

Marine and Natural Resources (Transfer of Departmental Administration and Ministerial Functions) Order 2006 (S.I. No. 530 of 2006)

Merchant Shipping (Weighing of Goods Vehicles) Regulations 2006 (S.I. No. 510 of 2006)

Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 (S.I. No. 842 of 2005)

Maritime Safety Act 2005 (Fixed Payment Notices) (Sections 33 and 34) Regulations 2005 (S.I. No. 512 of 2005)

Maritime Safety Act 2005 (Fixed Payment Notices) Regulations 2005 (S.I. No. 390 of 2005)

European Communities (Marine Equipment) Regulations 2003 (S.I. No. 38 of 2003)

European Communities (Marine Equipment) Regulations 1998 (S.I. No. 545 of 1998)

Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987)

Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959 (S.I. No. 125 of 1959)

Merchant Shipping Acts, 1894 To 1921, Adaptation Order 1945 (S.I. No. 273 of 1945)

All statutory instruments up to and including Sea Pollution (Prevention of Oil Pollution) (Amendment) (No. 2) Regulations 2016 (S.I. No. 578 of 2016), made 1 December 2016, were considered in the preparation of this revision.


Number 11 of 2005


MARITIME SAFETY ACT 2005

REVISED

Updated to 1 December 2016


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title, collective citation and commencement.

2.

Interpretation.

3.

Repeals.

4.

Expenses.

PART 2

Personal Watercraft and Recreational Craft

5.

Definitions ( Part 2).

6.

Bye-laws relating to regulation and control of craft.

7.

Procedure for making bye-laws and publication.

8.

Requirement to cease operating craft or to remove it from waters in certain circumstances.

9.

Seizure of craft in interests of safety, etc.

10.

Operating craft without reasonable consideration.

11.

Power to stop, board and inspect craft, etc.

12.

Obstruction.

13.

Power of arrest.

14.

Forfeiture.

15.

Prohibition from operating craft.

16.

Fixed payment notice.

17.

Authorised persons.

18.

Exemptions from bye-laws under section 6.

19.

Prosecution of offences, recovery of costs and payment of fines.

PART 3

Prohibitions Relating to Vessels — Codes of Practice for the Safe Operation of Vessels, etc.

20.

Prohibition on sailing unseaworthy vessels.

21.

Seizure of unseaworthy vessels.

22.

Weighing of goods vehicles before loading onto ships.

23.

Careless navigation or operation of vessels.

24.

Dangerous navigation or operation of vessels.

25.

Exclusion.

26.

Defence.

27.

Conduct endangering vessels, structures or individuals.

28.

Prohibition on operating vessels while under influence of alcohol or drugs.

29.

Drunkenness, etc., of passengers or members of crew.

30.

Control of consumption of alcohol or drugs on board vessel.

31.

Prohibition on disruptive behaviour on vessels.

32.

Prohibition on endangering vessels or persons on board.

33.

Directions to passengers on board passenger boats and ships.

34.

Nautical publications.

35.

Codes of practice for vessels.

36.

Use of codes of practice in criminal proceedings.

37.

Non-interference with access to and from ports and harbours.

38.

Directions, etc., to have vessels moved in the interests of safety of life at sea and marine security, etc.

39.

Authorised persons.

40.

Power to stop, board and inspect vessels, etc.

41.

Power of arrest.

42.

Suspension or cancellation of certificate of competency of master, etc., of ship in certain circumstances.

43.

Prosecution of summary offences.

44.

Recovery of costs of Minister.

45.

Non-application of Part 3 to warships, etc.

46.

Definitions ( Part 3).

PART 4

Safety Regulations — Passenger Boats, Fishing Vessels and Pleasure Craft — and Amendment of Merchant Shipping Acts

47.

Safety regulations — passenger boats, fishing vessels and pleasure craft.

48.

Amendment of Merchant Shipping Act 1947.

49.

Amendment of Merchant Shipping (Certification of Seamen) Act 1979.

50.

Miscellaneous amendments to Act of 1992.

51.

Increase in fines, etc., in Act of 2000.

PART 5

Amendment of Certain Enactments

52.

Amendment of Harbours Act 1946.

53.

Sea-fishing boat licences.

54.

Amendment of Fishery Harbour Centres Act 1968.

55.

Amendment of section 4 of Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

56.

Amendment of Canals Act 1986.

57.

Amendment of Shannon Navigation Act 1990.

58.

Amendment of Harbours Act 1996.

PART 6

Provisions Relating to the Foreshore and to Foreshore and Aquaculture Licences, etc.

59.

Collective citation ( Part 6).

60.

Amendment of Foreshore Act 1933.

SCHEDULE

Enactments Repealed

Acts Referred to

Canals Act 1986

1986, No. 3

Carriage by Sea (Heavy Articles) Act 1934

1934, No. 45

Fisheries Act 1980

1980, No. 1

Fisheries (Amendment) Act 1997

1997, No. 23

Fisheries (Amendment) Act 2003

2003, No. 21

Fisheries and Foreshore (Amendment) Act 1998

1998, No. 54

Fisheries (Consolidation) Act 1959

1959, No. 14

Fishery Harbour Centres Act 1968

1968, No. 18

Fishery Harbour Centres Acts 1968 to 1998

Foreshore Act 1933

1933, No. 12

Foreshore Acts 1933 to 2003

Harbours Act 1946

1946, No. 9

Harbours Act 1996

1996, No. 11

Harbours Acts 1946 to 1976

Harbours Acts 1996 and 2000

Landlord and Tenant (Ground Rents) Act 2005

2005, No. 7

Landlord and Tenant (Ground Rents) (No. 2) Act 1978

1978, No. 16

Landlord and Tenant Acts 1967 to 2005

Local Government Act 2001

2001, No. 37

Maritime Jurisdiction Act 1959

1959, No. 22

Maritime Jurisdiction (Amendment) Act 1988

1988, No. 9

Merchant Marine Act 1955

1955, No. 29

Mercantile Shipping Act 1947

1947, No. 46

Merchant Shipping (Certification of Seamen) Act 1979

1979, No. 37

Merchant Shipping (Investigation of Marine Casualties) Act 2000

2000, No. 14

Merchant Shipping (Miscellaneous Provisions) Act 1998

1998, No. 20

Merchant Shipping Act 1894

57 & 58 Vict., c. 60

Merchant Shipping Act 1947

1947, No. 46

Merchant Shipping Act 1981

1981, No. 33

Merchant Shipping Act 1992

1992, No. 2

Merchant Shipping Acts 1894 to 2000

Merchant Shipping (Spanish Civil War) Act 1937

1937, No. 9

National Monuments Acts 1930 to 2004

Shannon Navigation Act 1990

1990, No. 20

Wildlife (Amendment) Act 2000

2000, No. 38

Wildlife Act 1976

1976, No. 39


Number 11 of 2005


MARITIME SAFETY ACT 2005

REVISED

Updated to 1 December 2016


AN ACT TO PROVIDE FOR THE REGULATION AND CONTROL OF CERTAIN FAST POWERED WATERCRAFT AND CODES OF PRACTICE FOR VESSELS, TO PROHIBIT CERTAIN ACTS ON OR WITH VESSELS, TO AMEND THE HARBOURS ACT 1946, SECTION 222B OF THE FISHERIES (CONSOLIDATION) ACT 1959, THE FISHERY HARBOUR CENTRES ACT 1968, SECTION 4 OF THE LANDLORD AND TENANT (GROUND RENTS) (NO. 2) ACT 1978, THE CANALS ACT 1986, THE SHANNON NAVIGATION ACT 1990, THE MERCHANT SHIPPING ACTS 1894 TO 2000 AND THE HARBOURS ACT 1996, TO PROVIDE FOR MATTERS RELATING TO THE FORESHORE AND TO AQUACULTURE, TO REPEAL CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[29 th June, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act and collectively cited Foreshore Acts 1933 to 2011, Harbours Acts 1996 to 2009, Maritime Safety Acts 1992 to 2006 and Shannon Navigation Acts 1990 and 2005 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

Canals Act 1986 and 2005

...

Fisheries Harbour Centres Acts 1968 and 1980

...

Foreshore Acts 1933 to 2011

...

Harbours Acts 1996 to 2009

...

Maritime Safety Acts 1992 to 2006

...

Shannon Navigation Acts 1990 and 2005

...

C2

Certain functions under collectively cited Foreshore Acts 1933 to 2009 transferred (7.07.2011) by Foreshore (Amendment) Act 2011 (11/2011), s. 1, commenced on enactment. See also s. 2, “appropriate Minister” construed. Note: name of Department of Environment, Community and Local Government changed to Department of Housing, Planning, Community and Local Government (23.07.2016) by S.I. No. 394 of 2016, in effect as per art. 1(2).

Transfer and vesting of certain foreshore functions.

1.— (1) Except as provided for by subsection (2), the functions, immediately before the passing of this Act, of the Minister for Agriculture, Fisheries and Food under the Foreshore Acts 1933 to 2009 are, on such passing, transferred to the Minister for the Environment, Community and Local Government and this subsection has effect for the purpose of vesting in the Minister for the Environment, Community and Local Government the functions so transferred.

(2) The following functions of the Minister for Agriculture, Fisheries and Food under the Foreshore Acts 1933 to 2009 remain with and continue to be functions of that Minister:

(a) any function in relation to a fishery harbour centre,

(b) any function in respect of—

(i) an activity which is wholly or primarily for the use, development or support of aquaculture, or

(ii) an activity which is wholly or primarily for the use, development or support of sea-fishing including the processing and sale of sea-fish and manufacture of products derived from sea-fish.

(3) The administration and business in connection with the performance of any functions transferred to the Minister for the Environment, Community and Local Government from the Minister for Agriculture, Fisheries and Food by subsection (1) are, on the passing of this Act, transferred to the Department of the Environment, Community and Local Government.

C3

Functions under collectively cited Shannon Navigation Acts 1990 and 2005 transferred and references to “Department of Community, Equality and Gaeltacht Affairs” and “Minister for Community, Equality and Gaeltacht Affairs” construed (1.05.2011) by Inland Waterways and Waterways Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 195 of 2011), arts. 2 and 3 and sch. part 1, in force as per art. 1(2), subject to transitional provisions in arts. 4-8. Note: Name of Department of Tourism, Culture and Sport most recently changed (7.07.2016) by Arts, Heritage and the Gaeltacht (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 357 of 2016), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Tourism, Culture and Sport.

(2) References to the Department of Community, Equality and Gaeltacht Affairs contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.

3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule in so far as they relate to—

(a) inland waterways,

(b) Waterways Ireland,

(c) supporting and promoting North/South co-operation in relation to inland waterways,

are transferred to the Minister for Tourism, Culture and Sport.

(2) References to the Minister for Community, Equality and Gaeltacht Affairs contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.

SCHEDULE

PART 1

Canals Acts 1986 and 2005

Shannon Navigation Acts 1990 and 2005

C4

Collectively cited Merchant Shipping Acts 1894 to 2010 applied with modifications (3.07.2010) by Merchant Shipping Act 2010 (14/2010), ss. 13(2), 51(3), commenced on enactment.

Cargo ship safety certificate.

13.— ...

(2) The provisions of the Merchant Shipping Acts relating to the issue, the period of validity, the granting of an extension or the cancellation of a safety equipment certificate, a radio certificate or a cargo ship safety construction certificate apply to a cargo ship safety certificate, in respect of the certificate concerned, as if it were the certificate.

...

Application (Chapter 5).

51.— ...

(3) The following provisions of the Merchant Shipping Acts do not apply to a vessel’s tender, namely—

(a) section 271 of the Principal Act,

(b) section 10, 15, 18 or 20 of the Act of 1952,

(c) section 6 or 15 of the Act of 1992,

(d) section 8 of the Act of 1992 or that section as applied by the European Communities (Passenger Ships) Regulations 2004 ( S.I. No. 716 of 2004 ), and

(e) section 82 or 84 of this Act.

C5

Certain functions under collectively cited Foreshore Acts 1933 to 2005 transferred (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 3, commenced as per s. 1(4). See also ss. 4 and 6, and C-note above. Note: name of Department of Environment, Community and Local Government changed to Department of Housing, Planning, Community and Local Government (23.07.2016) by S.I. No. 394 of 2016, in effect as per art. 1(2).

Transfer and vesting of certain foreshore functions.

3.— (1) Such of the functions, immediately before the commencement date, of the Minister for Agriculture, Fisheries and Food under the Foreshore Acts 1933 to 2005 to which this Part and Schedule 1 relate are, on that date, transferred to the Minister for the Environment, Heritage and Local Government in accordance with and to the extent provided for by this Part and that Schedule and those provisions have effect for the purpose of vesting in the Minister for the Environment, Heritage and Local Government the functions so transferred.

(2) The administration and business in connection with the performance of any functions transferred to the Minister for the Environment, Heritage and Local Government from the Minister for Agriculture, Fisheries and Food by subsection (1) are, on the commencement date, transferred to the Department of the Environment, Heritage and Local Government.

Schedule 1

[Listing of 99 provisions of Foreshore Act 1933 from s. 2 to s. 23].

C6

Functions transferred and references to “Department of Communications, Marine and Natural Resources” and “Minister for Communications, Marine and Natural Resources” construed (19.10.2007) by Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 707 of 2007), arts. 2 and 3 and sch. part 1, in effect as per art. 1, subject to transitional provisions in arts. 4-8; superseded in relation to Foreshore Acts and Fishery Harbour Centres Acts as per C-notes above.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Agriculture and Food.

(2) A reference to the Department of Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall be construed as a reference to the Department of Agriculture and Food.

3. (1) A function vested in the Minister for Communications, Marine and Natural Resources by or under—

( a) an enactment cited in Part 1 of the Schedule to this Order, and

...

is transferred to the Minister for Agriculture and Food.

(2) A reference to the Minister for Communications, Marine and Natural Resources contained in an enactment or instrument made under an enactment and relating to a function transferred by this Article shall be construed as a reference to the Minister for Agriculture and Food.

...

SCHEDULE

PART 1

...

Part 2 of the Maritime Safety Act 2005 (No. 11 of 2005) so far as that Part relates to a fishery harbour centre to which the Fishery Harbour Centres Act 1968 (No. 18 of 1968) applies.

Fishery Harbour Centres Acts 1968 to 2006

...

Foreshore Acts 1933 to 2005

...

C7

Functions under collectively cited Maritime Safety Acts 1992 to 2005 and Merchant Shipping Acts 1894 to 2005 transferred and references to “Department of Communications, Marine and Natural Resources” and “Minister for Communications, Marine and Natural Resources” construed (1.01.2006) by Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 (S.I. No. 842 of 2005), arts. 3 and 4 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of Transport.

(2) References to the Department of Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, from the commencement of this Order, be construed as references to the Department of Transport.

4. (1) The functions vested in the Minister for Communications, Marine and Natural Resources —

(a) by or under the Acts specified in Part 1,

...

of the Schedule to this Order are transferred to the Minister for Transport.

(2) References to the Minister for Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Transport.

Schedule

Part 1

Acts

...

Harbours Act 1946 to 2005

Harbours Acts 1996 to 2005 (other than section 86 of the Harbours Act 1996 (No. 11 of 1996))

...

Maritime Safety Acts 1992 to 2005

...

Merchant Shipping Acts 1894 to 2005

...

C8

References in collectively cited Merchant Shipping Acts 1894 to 1966 construed (14.05.1967) by Merchant Shipping Act 1966 (20/1966), s. 19(2), S.I. No. 54 of 1967.

Amendment of section 271 of Merchant Shipping Act, 1894.

19.— ...

(2) References in the Merchant Shipping Acts to a passenger steamer shall be construed as including any ship while on or about to proceed on a voyage or excursion in any case where a passenger steamer’s certificate is required to be in force in respect of her.

C9

References in collectively cited Merchant Shipping Acts 1894 to 1921 construed (23.10.1945) by Merchant Shipping Acts, 1894 To 1921, Adaptation Order 1945 (S.I. No. 273 of 1945), art. 2.

Adaptation of “consular officer” in Merchant Shipping Acts, 1894 to 1921

2.— (1) The expression “consular officer” in the Merchant Shipping Acts, 1894 to 1921 (exclusive of Part IV of the Merchant Shipping Act, 1906), shall be construed as including the persons to whom this Article applies as well as the persons included in the expression apart from this Order, and the expression shall be so construed notwithstanding any qualification in relation to nationality attached thereto.

(2) This Article applies to the following persons:

(a) a person who is employed in the Civil Service of the Government and who is an envoy extraordinary and minister plenipotentiary, a high commissioner, a chargé d'affaires, a counsellor of legation, a secretary of a legation or high commissioner's office, or an attaché,

(b) a person who is employed in the Civil Service of the Government and who is a consul-general, a consul or a vice-consul,

(c) a person nominated, whether individually or by reference to a class, by the Minister for External Affairs after consultation with the Minister for Industry and Commerce to exercise consular functions for the purposes of the Merchant Shipping Acts, 1894 to 1921.

C10

Application of collectively cited Merchant Shipping Acts 1894 to 1900 restricted and references construed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), ss. 17, 65(2) and 84(1), commenced as per s. 86(2). Note: functions of Board of Trade transferred to Department of Industry and Commerce (2.06.1924) by Ministers and Secretaries Act 1924 (16/1924), s. 1(vii) and sch. sixth part, S.R.& O. No. 4 of 1924. Name of Department of Industry and Commerce most recently changed to Department of Jobs, Enterprise and Innovation (2.06.2011) by Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011), in effect as per reg. 1(2).

Regulations substituted for Schedules 10, 11, 12, 13, and 14 of principal Act.

17.— ...

(2) Any reference in the Merchant Shipping Acts or in any other Act or document to any of those schedules shall be construed as a reference to the corresponding regulations, scales, conditions, or forms prescribed by the Board of Trade under this section.

...

Provisions as to failure to join ship and desertion.

65.—...

(2) Where it is shown to the satisfaction of the superintendent that a seaman lawfully engaged has wilfully or through misconduct failed to join his ship, the superintendent shall report the matter to the Board of Trade, and that Board may direct that any of the seaman’s certificates of discharge shall be withheld for such period as they may think fit, and, while a seaman’s certificate of discharge is so withheld, the Registrar-General of Shipping and Seamen, and any other person having the custody of the necessary documents, may, notwithstanding anything in the Merchant Shipping Acts, refuse to furnish copies of any of his certificates of discharge or certified extracts of any particulars of service or character.

...

Construction of references to Merchant Shipping Acts.

84.—(1) In this Act the expression “principal Act” means the Merchant Shipping Act, 1894, and the expression “Merchant Shipping Acts” means the Merchant Shipping Acts, 1894 to 1900, and this Act.

Editorial Notes:

E1

Power to raise sunken vessel for purposes of prosecution under collectively cited Merchant Shipping Acts 1894 to 2010 prescribed (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 75, commenced on enactment.

E2

Power to seize and detain evidence for purposes of prosecution under collectively cited Merchant Shipping Acts 1894 to 1993 prescribed (1.03.1994) by Merchant Shipping (Salvage and Wreck) Act 1993 (34/1993), ss. 10(1)(c) and 62, S.I. No. 32 of 1994.

E3

Power of inspection and examination for purposes of collectively cited Merchant Shipping Acts 1894 to 1992 prescribed (1.08.1992) by Merchant Shipping Act 1992 (2/1992), s. 25(1), S.I. No. 205 of 1992.

E4

Requirements under collectively cited Merchant Shipping Acts 1894 to 1992 modified (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), ss. 29(1), 44, and 45, S.I. No. 338 of 1953.

E5

Passengers deemed to be carried from or to State for purposes of returns under collectively cited Merchant Shipping Acts 1894 to 1900 (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 15, commenced as per s. 86(2).

E6

Penalty for failure to comply with collectively cited Merchant Shipping Acts 1894 to 1900 prescribed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 21, commenced as per s. 86(2); repealed (1.08.1992) by Merchant Shipping Act 1992 (2/1992), s. 4(1) and sch., not commenced as of date of revision.

E7

Double punishment for any misconduct under collectively cited Merchant Shipping Acts 1894 to 1900 prohibited (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 44(5), commenced as per s. 86(2).

E8

Functions under collectively cited Merchant Shipping Acts 1894 to 1900 made subject to control of Board of Trade (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 74(1), commenced as per s. 86(2). Note: functions of Board of Trade transferred to Department of Industry and Commerce (2.06.1924) by Ministers and Secretaries Act 1924 (16/1924), s. 1(vii) and sch. sixth part, S.R.& O. No. 4 of 1924. Name of Department of Industry and Commerce most recently changed to Department of Jobs, Enterprise and Innovation (2.06.2011) by Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011), in effect as per reg. 1(2).

E9

Power to exempt ships from provisions of collectively cited Merchant Shipping Acts 1894 to 1900 prescribed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 78(1), commenced as per s. 86(2).

E10

Previous affecting provision: requirement to withhold and power to revoke safety certificates under collectively cited Merchant Shipping Acts 1894 to 2005 prescribed (21.07.2009) by European Communities (Marine Equipment) Regulations 2009 (S.I. No. 259 of 2009), reg. 6, in effect as per reg. 2; revoked (4.12.2014) by European Union (Marine Equipment) Regulations 2014 (S.I. No. 540 of 2014), reg. 11, in effect as per reg. 1(2).

E11

Previous affecting provision: power to withhold or withdraw safety certificates under collectively cited Merchant Shipping Acts 1894 to 1998 prescribed (6.02.2003) by European Communities (Marine Equipment) Regulations 2003 (S.I. No. 38 of 2003), reg. 6; revoked (21.07.2009) by European Communities (Marine Equipment) Regulations 2009 (S.I. No. 259 of 2009), reg. 10(a), in effect as per reg. 2.

E12

Previous affecting provision: power to withhold or withdraw safety certificates under collectively cited Merchant Shipping Acts 1894 to 1998 prescribed (23.12.1998) by European Communities (Marine Equipment) Regulations 1998 (S.I. No. 545 of 1998), reg. 6; revoked (6.02.2003) by European Communities (Marine Equipment) Regulations 2003 (S.I. No. 38 of 2003 ), reg. 11(a).

E13

Previous affecting provision: functions under collectively cited Merchant Shipping Acts 1894 to 1983 transferred and references to “Department of Communications” and “Minister for Communications” construed (31.03.1987) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987), arts. 3 and 4 and sch. part 1, in effect as per art. 1(2); superseded as per C-notes above.

E14

Previous affecting provision: functions under collectively cited Merchant Shipping Acts 1894 to 1952 transferred and references to “Department of Industry and Commerce” and “Minister for Industry and Commerce” construed (27.07.1959) by Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959 (S.I. No. 125 of 1959), arts. 3 and 4 and sch. part 1 item 6; superseded as per C-note above.

E15

Previous affecting provision: method of calculating tonnage of steamship for purposes of collectively cited Merchant Shipping Acts 1894 to 1900 prescribed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 69, commenced as per s. 86(2); repealed (6.02.1997) by Merchant Shipping (Liability of Shipowners and Others) Act 1996 (35/1996), s. 3 and sch. 4, S.I. No. 215 of 1997.