Maritime Safety Act 2005

Codes of practice for vessels.

35

35.—(1) For the purpose of providing practical guidance to persons in command or in charge of, manning or sailing on vessels with respect to—

( a) seamanship,

( b) the safe operation, the safety of their passengers and crews and the seaworthiness of vessels,

( c) the prevention of the abuse of alcohol and drugs and the safe use of alcohol on board vessels,

( d) the prevention of pollution or nuisance to other persons or interference with natural or archaeological heritage areas of importance, or

( e) the requirements or prohibitions by or under the Merchant Shipping Acts 1894 to 2005,

the Minister may, following consultation with such persons as he or she considers relevant, prepare and publish codes of practice for such persons.

(2) The Minister shall, before publishing a code of practice or any amendment to it, publish in such manner, as he or she considers appropriate, a draft of the code or the amendment. A person may, not later than one month or such further period allowed by the Minister being not later than 3 months, from the publication, make representations in writing to the Minister in relation to the draft. Having considered any representations and following such consultations with such persons as he or she considers relevant, the Minister may make the code of practice or the amendment with or without modification.

(3) Where the Minister publishes a code of practice or any amendment to a code of practice, he or she shall publish a notice of the publication in the Iris Oifigiúil and the notice shall—

( a) identify the code,

( b) specify the matters in relation to the matters referred to in subsection (1) in respect of which the code or the amendment is published, and

( c) specify the date on which the code or amendment comes into operation.

(4) The Minister may, following consultation with any person he or she considers relevant, amend or revoke any code of practice or any part of a code of practice.

(5) Where the Minister revokes a code of practice or any part of a code of practice, he or she shall publish a notice of the revocation in the Iris Oifigiúil.

(6) The Minister shall make available for public inspection, without charge on the Department's website on the internet and at the principal office of the Department and at such other places as the Minister considers appropriate, during normal working hours—

( a) a copy of each code of practice, and

( b) where a code of practice has been amended, a copy of the code as amended.

(7) It is the duty of persons in command or in charge of or manning vessels to be aware of and follow any code of practice relating to the vessel.