Merchant Shipping Act 2010


Number 14 of 2010


MERCHANT SHIPPING ACT 2010

REVISED

Updated to 18 October 2018


This Revised Act is an administrative consolidation of the Merchant Shipping Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the 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 Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, and all statutory instruments up to and including Merchant Shipping (Life-Saving Appliances) Rules 2018 (S.I. No. 438 of 2018), made 18 October 2018, 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 2012


MERCHANT SHIPPING ACT 2010

REVISED

Updated to 18 October 2018


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

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

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

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

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

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

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)

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 1982, 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)

All Acts up to and including Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Merchant Shipping (Life-Saving Appliances) Rules 2018 (S.I. No. 438 of 2018)

Merchant Shipping (Maritime Labour Convention) (Flag State Inspection and Certification) Regulations 2014 (S.I. No. 376 of 2014)

Merchant Shipping (Maritime Labour Convention) (Shipowners' Liabilities and Repatriation) Regulations 2014 (S.I. No. 375 of 2014)

Merchant Shipping (Maritime Labour Convention) (Accommodation, Recreational Facilities, Food, Catering and Ships Cooks) Regulations 2014 (S.I. No. 374 of 2014)

Merchant Shipping (Maritime Labour Convention) (Seafarer Employment Agreement and Wages) Regulations 2014 (S.I. No. 373 of 2014)

Merchant Shipping (Medical Examinations) Regulations 2014 (S.I. No. 246 of 2014)

Merchant Shipping Act 2010 (Section 87) (Commencement) Order 2014 (S.I. No. 241 of 2014)

Merchant Shipping (Fees) (Amendment) Order 2012 (S.I. No. 336 of 2012)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

All statutory instruments up to and including Merchant Shipping (Life-Saving Appliances) Rules 2018 (S.I. No. 438 of 2018), made 18 October 2018, were considered in the preparation of this revision.


Number 14 of 2010


MERCHANT SHIPPING ACT 2010

REVISED

Updated to 18 October 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and collective citation.

2. Definitions.

3. Expenses.

4. Offence by body corporate and summary proceedings.

5. Laying of orders, regulations and rules before Houses of Oireachtas.

PART 2

Construction, Radio, Navigation and Tracking and Bulk Carrier Rules and Categorisation of Vessels

6. Definitions — Act of 1952.

7. Construction rules.

8. Radiocommunications rules.

9. Navigation and tracking rules.

10. Exemption of certain ships from certain provisions of Act of 1952.

11. Increase of fines, etc. (Act of 1952).

12. Cargo ship construction and survey rules.

13. Cargo ship safety certificate.

14. Bulk carrier rules.

15. Categorisation of vessels under safety regulations.

PART 3

RULES AND REGULATIONS FOR CERTAIN VESSELS

Chapter 1

Chemical Tanker Rules

16. Definitions ( Chapter 1).

17. Application ( Chapter 1).

18. Chemical tanker rules.

19. Certification and endorsement ( Chapter 1).

20. Duties of owners and masters ( Chapter 1).

21. Compliance ( Chapter 1).

22. Transfer of ship ( Chapter 1).

23. Powers of surveyors ( Chapter 1).

24. Offences ( Chapter 1).

Chapter 2

Liquefied Gas Carriage Rules

25. Definitions ( Chapter 2).

26. Application ( Chapter 2).

27. Liquefied gas carriage rules.

28. Certification and endorsement ( Chapter 2).

29. Duties of owners and masters ( Chapter 2).

30. Compliance ( Chapter 2).

31. Transfer of ship ( Chapter 2).

32. Powers of surveyors ( Chapter 2).

33. Offences ( Chapter 2).

Chapter 3

Nuclear Carriage Rules

34. Definitions ( Chapter 3).

35. Application ( Chapter 3).

36. Nuclear carriage rules.

37. Certification.

38. Duties of owners and masters ( Chapter 3).

39. Compliance ( Chapter 3).

40. Powers of surveyors ( Chapter 3).

41. Offences ( Chapter 3).

Chapter 4

High-Speed Craft

42. Definitions ( Chapter 4).

43. Application ( Chapter 4).

44. High-speed craft rules.

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

46. Duties of owners and masters ( Chapter 4).

47. Compliance ( Chapter 4).

48. Powers of surveyors ( Chapter 4).

49. Offences ( Chapter 4).

Chapter 5

Tendering Operations Regulations

50. Definitions ( Chapter 5).

51. Application ( Chapter 5).

52. Tendering operations regulations.

53. Issue of permit to tender.

54. Duties of owners and masters ( Chapter 5).

55. Powers of surveyors ( Chapter 5).

56. Offences ( Chapter 5).

Chapter 6

Safe Manning Regulations

57. Definitions ( Chapter 6).

58. Application ( Chapter 6).

59. Safe manning regulations.

60. Safe manning document.

61. Duties of owners and masters ( Chapter 6).

62. Powers of surveyors ( Chapter 6).

63. Offences ( Chapter 6).

Chapter 7

Unsafe ships

64. Application ( Chapter 7).

65. Detention.

66. Notice of detention.

PART 4

Access for Persons with Reduced Mobility to Passenger Vessels

67. Definitions ( Part 4).

68. Regulations.

69. Codes of practice.

70. Use of codes of practice in criminal proceedings.

71. Authorised persons.

72. Powers of authorised persons.

73. Fixed payment notice ( Part 4).

Part 5

Raising of Sunken Vessels

74. Definitions ( Part 5).

75. Power to raise sunken vessel.

76. Disposal of a raised vessel.

77. Costs.

78. Immunities from claims.

79. Obstruction.

80. Notification to receiver of wreck.

81. Foreign vessels raised under Part 5.

PART 6

Safety Measures

82. Rules for life-saving appliances and arrangements.

83. Approval of service stations.

84. Fire protection rules.

85. Entry into log-book of boat-drill, etc.

86. Prohibition on proceeding to sea on international voyage without approved signalling lamp or device.

PART 7

Maritime Labour Convention 2006

87. Maritime Labour Convention 2006.

PART 8

Miscellaneous

88. Prohibition on obstruction of surveyor of ships.

89. Application to Circuit Court — compliance order and appeals.

90. Fees — Certificates and inspections under Act and surveys under Act of 1952.

91. Fees — Merchant Shipping (Certification of Seamen) Act 1979.

92. Confirmation of acts of Marine Casualty Investigation Board.

93. Medical fitness of pilots and repeal.


Acts Referred to

Disability Act 2005

2005, No. 14

Employment Equality Act 1998

1998, No. 21

Harbours Act 1996

1996, No. 11

Maritime Safety Act 2005

2005, No. 11

Mercantile Marine Act 1955

1955, No. 29

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 (Safety Convention) Act 1952

1952, No. 29

Merchant Shipping (Salvage and Wreck) Act 1993

1993, No. 34

Merchant Shipping Act 1894

1894, c. 60

Merchant Shipping Act 1906

1906, c. 48

Merchant Shipping Act 1966

1966, No. 20

Merchant Shipping Act 1981

1981, No. 33

Merchant Shipping Act 1992

1992, No. 2

Merchant Shipping Acts 1894 to 2000

Merchant Shipping Acts 1894 to 2005

Sea Pollution (Hazardous Substances) (Compensation) Act 2005

2005, No. 9


Number 14 of 2010


MERCHANT SHIPPING ACT 2010

REVISED

Updated to 18 October 2018


AN ACT TO MAKE PROVISION IN RELATION TO GIVING FURTHER EFFECT TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA SIGNED IN LONDON ON 1 NOVEMBER 1974 AND ITS PROTOCOLS, PROVIDING ACCESS TO PASSENGER VESSELS FOR PERSONS WITH REDUCED MOBILITY, TO ENABLE SUNKEN VESSELS TO BE RAISED, TO GIVE THE FORCE OF LAW TO THE MARITIME LABOUR CONVENTION 2006 ADOPTED AT GENEVA ON 23 FEBRUARY 2006, TO AMEND THE MERCHANT SHIPPING ACTS 1894 TO 2005 AND TO AMEND AND EXTEND PART IV OF THE HARBOURS ACT 1996 AND TO PROVIDE FOR RELATED MATTERS.

[3 rd July, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 14 of 2010

Merchant Shipping Act 2010

Sections 52(1), 59(1)(d), 68(5), 83(3), 87(6) and 90

...

...

...