Wireless Telegraphy Act 1926

F24[Regulations as to wireless telegraphy in ships and aircraft.

9

9.— (1) The appropriate authority may make regulations in respect of all or any of the following matters, that is to say:

(a) requiring operators and other persons engaged in the working of apparatus for wireless telegraphy on—

(i) all or any ships registered under the Mercantile Marine Act 1955, or

(ii) all or any classes or class of ships or vessels navigating or operating in the State,

to hold certificates of competency;

(b) requiring operators and other persons engaged in the working of apparatus for wireless telegraphy on all or any classes of aircraft owned or leased by persons in the State to hold certificates of competency;

(c) the grant and renewal of such certificates of competency, the terms and conditions on which such certificates will be granted, and the qualifications to be possessed and the examinations and other tests to be undergone by persons to whom such certificates are granted;

(d) the duration, revocation and suspension of certificates of competency granted under the regulations;

(e) the validity, duration, renewal, revocation, and suspension of certificates of competency granted otherwise than under the regulations whether by the appropriate authority or any other person;

(f) the fees to be charged for or in connection with the granting and renewal of any such certificates of competence as aforesaid and the collection and disposal of such fees;

(g) regulating and controlling the times and manner of working apparatus for wireless telegraphy in ships registered under the Mercantile Marine Act 1955 and, while they are in the State, ships registered outside the State and unregistered ships and other vessels;

(h) regulating and controlling the times and manner of working apparatus for wireless telegraphy in aircraft owned or leased by persons in the State and, while they are in or over the State or the territorial waters thereof, aircraft not so owned;

(i) giving effect to and securing compliance with the provisions (save in so far as the same relate to ships to which this section and regulations made under it do not apply) of any international convention in relation to wireless telegraphy entered into by the Government.

(2) Regulations made under this section may—

(a) provide that a breach or contravention of any specified such regulation shall be an offence, and

(b) in relation to convictions on indictment for such an offence, provide that the court by whom the defendant is convicted may order the interest of the defendant, whether as owner or otherwise, in all or any apparatus in respect of or by means of which the court is satisfied a breach or contravention of a specified such regulation was committed to be forfeited.

(3) (a) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made.

(b) Either House of the Oireachtas may, within 21 sitting days after the day on which a regulation was laid before it in accordance with paragraph (a), pass a resolution annulling the regulation.

(c) The annulment under paragraph (b) of a regulation takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under it before the passing of the resolution.

(4) A person guilty of an offence by reason of a breach or contravention of a regulation specified, by virtue of paragraph (a) of subsection (2), in regulations made under this section is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €250,000.

(5) For the purposes of this section—

(a) a ship is deemed to be navigating or operating in the State if it is usually kept in Irish waters (within the meaning of section 2 of the Maritime Safety Act 2005), and

(b) an aircraft is deemed to be owned or leased by a person in the State if but only if it is owned or leased by a person who—

(i) in the case of an individual, has his or her place of residence in the State, or

(ii) in the case of an association, company (within the meaning of the Companies Acts) or other body (whether corporate or unincorporate) has its principal office in the State.

(6) In this section, "appropriate authority"—

(a) in relation to apparatus for wireless telegraphy on ships or other vessels, means the Minister for Transport, and

(b) in relation to apparatus for wireless telegraphy on aircraft, means the Commission.]

Annotations

Amendments:

F24

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 182 and sch. 2, commenced on enactment. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

F25

Substituted by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4 item 1, not commenced as of date of revision.

Modifications (not altering text):

C16

Prospective affecting provision: subs. (1)(a)(i), (g) amended by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4 item 1, not commenced as of date of revision.

9.— (1) The appropriate authority may make regulations in respect of all or any of the following matters, that is to say:

(a) requiring operators and other persons engaged in the working of apparatus for wireless telegraphy on—

(i) all or any ships registered under the F25[Merchant Shipping (Registration of Ships) Act 2014], or

...

(g) regulating and controlling the times and manner of working apparatus for wireless telegraphy in ships registered under the F25[Merchant Shipping (Registration of Ships) Act 2014] and, while they are in the State, ships registered outside the State and unregistered ships and other vessels;

...

Editorial Notes:

E210

Power pursuant to section exercised (1.03.2010) by Wireless Telegraphy (Maritime Radio Operator) (Certificates of Competency) Regulations 2010 (S.I. No. 8 of 2010), in effect as per reg. 1(2).

E211

Previous affecting provision: subs. (1), (1)(e) amended and subs. (7) inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 8(a), (b), (c), S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3; section substituted (12.07.2009) as per F-note above.

E212

Previous affecting provision: subss. (1)(a), (b), (g), (h), (I), (4) amended (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 11, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3; section substituted (12.07.2009) as per F-note above.

E213

Previous affecting provision: functions transferred and references to "Minister for Public Enterprise" and "Department of Public Enterprise" construed as Minister for and Department of Marine and Natural Resources (18.06.2002) by Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002), arts. 3, 4, in effect as per art. 1(2), subject to transitional provisions in arts. 5, 6, 7, 9; section substituted (12.07.2009) as per F-note above. Note that the name of the Minister for and Department of Marine and Natural Resources changed to:

• the Minister for and Department of Communications, Marine and Natural Resources (19.06.2002) by Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 307 of 2002), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Communications, Energy and Natural Resources (20.10.2007) by Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 706 of 2007), arts. 2, 3, 4, in effect as per art. 1(2).

E214

Previous affecting provision: subs. (2) substituted and subs. (6) inserted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(1)(c)(i), (ii), in effect as per s. 21(2); section substituted (12.07.2009) as per F-note above.