Merchant Shipping Act 2010

7.

Construction rules.

7.— (1) The Act of 1952 is amended by substituting for section 10 the following:

“10.— (1) The Minister may make rules (‘ construction rules’ ) prescribing the—

( a) requirements that the hull, superstructure, subdivision and stability, electrical installations, equipment and machinery of and fuel used in passenger steamers registered in the State, or other passenger steamers while in the territorial seas or elsewhere in the State, must comply with, and

( b) requiring such steamers to be surveyed to such extent and in such manner and at such intervals, as may be prescribed.

(2) In making construction rules the Minister may categorise passenger steamers into different classes, where appropriate, having regard to one or more of the following:

( a) the size, shape, speed or configuration of such steamers;

( b) the service for which such steamers are to be employed;

( c) the nature and duration of voyages to be undertaken;

( d) the number of passengers or other persons, or both, that such steamers are designed to carry on board;

( e) such other matter or matters that the Minister considers appropriate to take into account in the circumstances;

( f) the type of cargo carried, including dangerous goods;

( g) the age and date of construction of steamers.

(3) Different construction rules may be made in respect of different classes of passenger steamers and in relation to different classes of passenger steamers for different circumstances and for different areas of operation.

(4) Construction rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention prescribing the requirements that the hull, superstructure, subdivision and stability, electrical installations, equipment and machinery of and fuel used in passenger steamers must comply with, except so far as those provisions are implemented by rules for life-saving appliances, radio rules, navigation and tracking rules, collision regulations or fire protection rules.

(5) Construction rules may require the provision in ships to which this section applies—

( a) of plans exhibited as provided by or under the rules, and of other information, relating to the boundaries of watertight compartments, the openings in them, the means of closing such openings and the arrangements for correcting any list due to flooding, and

( b) of information necessary for the guidance of the master in maintaining sufficient stability to enable the ship to withstand damage.

(6) Any survey carried out on a steamer to which this section applies in accordance with rules made under subsection (1)( b) is a survey for the purpose of sections 271(1) and 272 of the Principal Act.

(7) The powers conferred on the Minister by this section are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that passenger steamers must comply with.

(8) In this section, other than subsection (1)( b) ‘ passenger steamer ’ includes a ‘ passenger ship ’ within the meaning of section 2(1) of the Act of 1992.”.

(2) Section 9 of the Act of 1966 and section 29 of the Act of 1992 are repealed.