Merchant Shipping Act 1894
Annual survey of passenger steamers.
271.—F127[(1) Every passenger steamer which carries more than twelve passengers shall be surveyed once at least in each year in the manner provided in this Part of this Act; and no ship (other than a steam ferry boat working in chains) shall proceed to sea or on any voyage or excursion with more than twelve passengers on board, unless there is in force in respect of the ship a certificate as to survey under this Part of this Act, applicable to the voyage or excursion on which the ship is about to proceed, or that voyage or excursion is one in respect of which the Minister for Transport and Power has exempted the ship from the requirements of this subsection.]
(a) be surveyed once at least in each year in the manner provided in this Part of this Act; and
(b) shall not ply or proceed to sea or on any voyage or excursion with any passengers on board, unless the owner or master has the certificate from the Board of Trade as to survey under this Part of this Act, the same being in force, and applicable to the voyage or excursion on which the steamer is about to proceed.
(2) A passenger steamer attempting to ply or go to sea may be detained until such certificate as aforesaid is produced to the proper officer of customs F128[ unless the voyage or excursion on which she is about to proceed is one in respect of which she has been exempted as aforesaid].
(3) Provided that, while a steamer is an emigrant ship and the provisions of this Part of this Act as to the survey of the hull machinery and equipments of emigrant ships have been complied with, she shall not require a survey or certificate under this section.
Annotations:
Amendments:
F127
Substituted (14.05.1967) by Merchant Shipping Act 1966 (20/1966), s. 19(1), S.I. No. 54 of 1967.
F128
Inserted (14.05.1967) by Merchant Shipping Act 1966 (20/1966), s. 19(1), S.I. No. 54 of 1967.
F129
Repealed by Merchant Shipping Act 1992 (2/1992), s. 4 and sch., not commenced as of date of revision.
C53
Prospective affecting provision: section repealed by Merchant Shipping Act 1992 (2/1992), s. 4 and sch., not commenced as of date of revision.
271.—F129[…]
C54
Application of section restricted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 51(3)(a), commenced on enactment.
Application (Chapter 5).
51.— ...
(3) The following provisions of the Merchant Shipping Acts do not apply to a vessel’s tender, namely—
(a) section 271 of the Principal Act,
...
Modifications (not altering text):
C55
Reference to survey in subs. (1)(b) construed by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 10(6), as substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 7, commenced on enactment.
Construction rules
[10.— ...
(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.
…]
C56
Subs. (2) construed (15.01.1983) by Merchant Shipping Act 1981 (33/1981), s. 7, S.I. No. 13 of 1983; repealed by Merchant Shipping Act 1992 (2/1992), s. 4(1) and sch., not commenced as of date of revision.
Amendment of section 271 (2) of Principal Act.
7.—Section 271 (2) of the Principal Act shall be construed and have effect as if the reference therein to the proper officer of customs included a reference to a member of the Garda Síochána.
C57
Application of section restricted (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 29, S.I. No. 338 of 1953.
Modified survey of passenger steamers holding Convention certificates.
29.—(1) Where an accepted Safety Convention certificate is produced in respect of a Safety Convention passenger steamer not registered in the State—
(a) the steamer shall not be required to be surveyed under the Merchant Shipping Acts by a surveyor of ships except for the purpose of determining the number of passengers that she is fit to carry;
(b) on receipt of any declaration of survey for the purpose aforesaid, the Minister shall issue a certificate under section 274 of the Principal Act containing only a statement of the particulars set out in paragraph (b) of that section (which relates to the said number of passengers), and a certificate so issued shall have effect as a passenger steamer's certificate.
(2) Where there is produced in respect of any such passenger steamer as aforesaid an accepted Safety Convention certificate, and also a certificate issued by or under the authority of the government of the country in which the steamer is registered showing the number of passengers that the steamer is fit to carry, and the Minister is satisfied that that number has been determined substantially in the same manner as in the case of a passenger steamer registered in the State, he may if he thinks fit dispense with any survey of the steamer for the purpose of determining the number of passengers that she is fit to carry and direct that the last-mentioned certificate shall have effect as a passenger steamer's certificate.