Maritime Safety Act 2005

Authorised persons.

17

17.—(1) An authority may appoint in writing such persons or persons of such classes as it sees fit to be authorised persons for the purposes of this F3 [ Part ].

(2) The Minister may appoint such persons or persons of such classes as he or she sees fit to be authorised persons to exercise the functions of an authorised person under this Part in any Irish waters.

(3) An authorised person appointed by a local authority may exercise the functions conferred on an authorised person under this Part within the functional area of the local authority which appointed the authorised person.

(4) An authorised person appointed by Waterways Ireland may exercise the functions of an authorised person under this Part in or on any waters or land under the control or management of Waterways Ireland.

(5) An authorised person appointed by a harbour authority to which the Harbours Acts 1946 to 1976 apply may exercise the functions of an authorised person under this Part within the harbour of that harbour authority.

(6) An authorised person appointed by a harbour company may exercise the functions of an authorised person under this Part within the company's harbour.

(7) An authorised person appointed by the Minister in respect of a fishery harbour centre may exercise the functions of an authorised person under this Part in the fishery harbour centre to which the appointment relates.

(8) An authorised person appointed by Iarnród Éireann-Irish Rail in respect of a harbour under the control or management of that company may exercise the functions of an authorised person under this Part in respect of the harbour to which the appointment relates.

(9) Every authorised person appointed under this section shall be furnished with a warrant of his or her appointment as an authorised person and when exercising any power conferred on him or her by this Part as an authorised person shall, unless in uniform, if requested by a person affected, produce the warrant or a copy thereof to that person.

(10) An authorised person may be assisted in the exercise of his or her functions under this Part by such persons as the authorised person considers necessary.

(11) An authorised person appointed under subsection (2) or a member of the Garda Síochána may for the purposes of enforcing this Part enter upon any Irish waters or land adjoining the waters.

(12) An authorised person appointed by a particular authority may, for the purposes of enforcing this Part, with the agreement of another authority, enter upon any waters within the functional area or under the control or management of that other authority or land adjoining those waters.

Annotations:

Amendments:

F3

Substituted (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 104(b), commenced on enactment.

Modifications (not altering text):

C14

Reference construed (17.10.2006) by Marine and Natural Resources (Transfer of Departmental Administration and Ministerial Functions) Order 2006 (S.I. No. 530 of 2006), art. 4(1)(b). Note: name of Minister for Communications, Marine and Natural Resources most recently changed to Minister of Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016).

4. (1) In the Maritime Safety Act 2005— ...

(b) in section 17(7), the reference to the Minister,

are to be read as references to the Minister for Communications, Marine and Natural Resources.