Merchant Shipping Act 2010

69.

Codes of practice.

69.— (1) For the purpose of giving practical guidance to the owners, masters, crew or other persons with responsibility for services provided by a passenger vessel with respect to—

( a) making passenger vessels accessible for persons with reduced mobility,

( b) the implementation of the Department’s sectoral plan under the Disability Act 2005, or

( c) the requirements or prohibitions under reduced mobility regulations,

the Minister may, following consultations with such persons as he or she considers relevant—

(i) prepare and publish codes of practice, and

(ii) approve of a code of practice or any part of a code of practice published by another person.

(2) Before publishing or approving a code of practice or any part of a code of practice, the Minister—

( a) shall publish on the Department’s website the draft code or sections of the draft code and shall send them to the clerk of the Committee of one or both Houses of the Oireachtas established under the Standing Orders of the House or Houses and to report to it or them on merchant shipping, and shall give persons one month from the date of publication of the draft code or sections of the draft code within which to make written representations to the Minister in relation to the draft code or sections of the draft code, or for such further period, not exceeding 2 months, as the Minister in his or her absolute discretion thinks fit,

( b) may, following consultation and, where relevant, having considered the representations, if any, publish the draft code or the sections of the draft code with or without modification as the Minister in his or her absolute discretion thinks fit, and

( c) where he or she publishes or approves of a code of practice or approves of any part of a code of practice, he or she shall publish a notice of such publication or approval in the Iris Oifigiúil and that notice shall—

(i) identify the code,

(ii) specify the matters concerned or the relevant statutory provisions in respect of which the code is published or approved of, and

(iii) specify the date on which the code comes into operation.

(3) The Minister may, following consultation with any person he or she considers relevant—

( a) amend or revoke any code of practice or part of any code of practice prepared and published by him or her under this section, or

( b) withdraw his or her approval of any code of practice or part of any code of practice approved by him or her under this section.

(4) Where the Minister amends or revokes, or withdraws his or her approval of a code of practice or any part of a code of practice published or approved under this section, he or she shall publish notice of the amendment, revocation or withdrawal, as the case may be, in the Iris Oifigiúil.

(5) The Minister shall make available for public inspection, without charge, on the Department’s website on the internet and at the principal maritime office of the Department, 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 so amended.

(6) It is the duty of a passenger vessel’s owner, master, crew or other persons with responsibility for services provided by the vessel to be aware of and follow any code of practice published or approved.