Merchant Shipping Act 2010

28.

Certification and endorsement ( Chapter 2).

28.— (1) ( a) Where after a declaration of survey, made by a surveyor of ships under the liquefied gas carriage rules in respect of an Irish ship to which this Chapter applies, is received by the Minister and if he or she is satisfied that the ship complies with such rules as are relevant to the ship and provided, where relevant—

(i) a safety equipment certificate under section 22(1) of the Act of 1952, a radio certificate under section 23(1) of the Act of 1952 and a cargo ship safety construction certificate under section 4(1)( a) of the Act of 1966, or

(ii) a cargo ship safety certificate under section 13(1) of this Act,

is in force in respect of the ship, he or she shall issue, in respect of such ship, an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk (“international certificate of fitness (IGC)”), in the form prescribed by the Minister in the liquefied gas carriage rules.

( b) In this subsection “declaration of survey” means a declaration made under section 272 (as applied by section 27(2) of the Act of 1952 and section 3(4) of the Act of 1966) of the Principal Act.

(2) An Irish ship in respect of which an international certificate of fitness (IGC) is in force shall be subject to such further surveys as are provided for under the liquefied gas carriage rules to ensure that the ship continues to comply with the requirements of those rules.

(3) Where following a survey referred to in subsection (1) , the Minister is satisfied that the ship continues to comply with the requirements of the liquefied gas carriage rules, he or she shall endorse the international certificate of fitness (IGC) to that effect.

(4) Subject to subsections (5) and (6), an international certificate of fitness (IGC) shall be in force for a period not exceeding 5 years or such shorter period as may be specified in it and may be cancelled where the Minister is satisfied that the ship no longer complies with any of the requirements of the liquefied gas carriage rules applicable to it.

(5) The Minister may extend the period for which an international certificate of fitness (IGC) may be in force to a period not exceeding 5 years and 5 months as may be prescribed in the liquefied gas carriage rules.

(6) An international certificate of fitness (IGC) ceases to be in force—

( a) if any relevant survey of the ship has not been completed within the periods specified for such survey as prescribed by the liquefied gas carriage rules or as required under section 30(2)(b) ,

( b) if the certificate is not endorsed under subsection (3),

( c) upon transfer of the ship to the flag of another state, or

( d) upon any unapproved change to the ship referred to in section 30(1) .

(7) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to international certificates of fitness (IGC) as they apply to a certificate the issue of which is authorised under that Act.

(8) Section 28(2) of the Act of 1952 applies in relation to international certificates of fitness (IGC) as it applies to a certificate issued under that Act and an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk issued by the government of another country, other than the State, to which the Safety Convention applies, under such Safety Convention, in respect of a ship to which this section applies, other than an Irish ship, and accepted as having the same force in the State as an international certificate of fitness (IGC) shall be referred to as an accepted international certificate of fitness (IGC).

(9) ( a) A ship to which this Chapter applies must not proceed or attempt to proceed to sea without an international certificate of fitness (IGC) for the time being in force in respect of the ship.

( b) If a ship to which this Chapter applies proceeds, or attempts to proceed, to sea without a valid international certificate of fitness (IGC) for the time being in force in respect of the ship in contravention of paragraph (a) it shall be regarded as an unsafe ship for the purposes of Chapter 7 .

(10) The reference to an international certificate of fitness (IGC) in subsection (9) and in section 29(4) and 33(2)(a) and (c) shall, in the case of a ship to which this Chapter applies, other than an Irish ship, be construed as a reference to an accepted international certificate of fitness (IGC).

(11) The Minister may authorise on his or her behalf any person for the purpose of issuing, endorsing, cancelling or extending an international certificate of fitness (IGC).