Merchant Shipping (Safety Convention) Act 1952


Number 29 of 1952


MERCHANT SHIPPING (SAFETY CONVENTION) ACT 1952

REVISED

Updated to 20 May 2021


This Revised Act is an administrative consolidation of the Merchant Shipping (Safety Convention) Act 1952 . It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Children (Amendment) Act 2021 (6/2021), enacted 26 April 2021, and all statutory instruments up to and including the Consumer Protection Act 2007 (Competition and Consumer Protection Commission) Levy Regulations 2021 (S.I. No. 257 of 2021), made 20 May 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 29 of 1952


MERCHANT SHIPPING (SAFETY CONVENTION) ACT 1952

REVISED

Updated to 20 May 2021


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Merchant Shipping Acts 1894 to 2015 : this Act is one of a group of Acts included in this collective citation ( Harbours Act 2015 (61/2015), s. 1(3)). The Acts in this group are:

Merchant Shipping Act 1894 (57 & 58 Vict.) c. 60

Merchant Shipping Act 1897 (60 & 61 Vict.) c. 59

Merchant Shipping (Exemption from Pilotage) Act 1897 (60 & 61 Vict.) c. 61 (Repealed)

Merchant Shipping (Liability of Shipowners) Act 1898 (61 & 62 Vict.)) c. 14 (Repealed)

Merchant Shipping (Merchantile Marine Fund) Act 1898 (61 & 62 Vict.) c. 44

Merchant Shipping (Liability of Shipowners & Others) Act 1900 (63 & 64 Vict.) c. 32 (Repealed)

Merchant Shipping Act 1906 (6 Edw. 7) c. 48

Merchant Shipping Act 1907 (7 Edw. 7) c. 52 (Repealed)

Pilotage Act 1913 (2 & 3 Geo. 5) c. 31 (Repealed)

Merchant Shipping (Certificates) Act 1914 (4 & 5 Geo. 5) c. 42 (Repealed)

Merchant Shipping (Convention) Act 1914 (4 & 5 Geo. 5) c. 50 (Repealed)

Merchant Shipping (Salvage) Act 1916 (6 & 7 Geo. 5) c. 41 (Repealed)

Merchant Shipping (Wireless Telegraphy) Act 1919 (9 & 10 Geo. 5) c. 38 (Repealed)

Merchant Shipping (Amendment) Act 1920 (10 & 11 Geo. 5) c. 2

Merchant Shipping Act 1921 (11 & 12 Geo. 5) c. 28

Merchant Shipping (Helm Orders) Act 1932 (32/1932) (Repealed)

Merchant Shipping (International Labour Conventions) Act 1933 (29/1933)

Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933)

Merchant Shipping (Amendment) Act 1939 (12/1939)

Merchant Shipping Act 1947 (46/1947)

Merchant Shipping (Safety Convention) Act 1952 (29/1952)

Pilotage (Amendment) Act 1962 (2/1962) (Repealed)

Merchant Shipping Act 1966 (20/1966)

Merchant Shipping (Load Lines) Act 1968 (17/1968)

Merchant Shipping (Certification of Seamen) Act 1979 (37/1979)

Merchant Shipping Act 1981 (33/1981)

Merchant Shipping (Light Dues) Act 1983 (18/1983)

Fisheries (Amendment) Act 1983 (27/1983), s. 8 in so far as it amends the Merchant Shipping Act 1894 and s. 10(2) (Repealed)

Merchant Shipping Act 1992 (2/1992)

Merchant Shipping (Salvage and Wreck) Act 1993 (34/1993)

Fisheries (Amendment) Act 1994 (23/1994) (Repealed)

Merchant Shipping (Liability of Shipowners and Others) Act 1996 (35/1996)

Merchant Shipping (Commissioners of Irish Lights) Act 1997 (37/1997)

Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998)

Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000)

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (9/2005), s. 28

Maritime Safety Act 2005 (11/2005), other than Parts 5 and 6

Merchant Shipping Act 2010 (14/2010), other than s. 93

Local Government Reform Act 2014 (1/2014), s. 1(15) and the amendment to the Merchant Shipping (Salvage and Wreck) Act 1993 provided for in s. 5(6) and Schedule 2, Part 6 (note: the reference to s. 5(6) appears to refer to s. 5(8))

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Harbours Act 2015 (61/2015), s. 51

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Merchant Shipping Act 2010 (14/2010)

Merchant Shipping Act 1992 (2/1992)

Merchant Shipping Act 1981 (33/1981)

Merchant Shipping (Load Lines) Act 1968 (17/1968)

Merchant Shipping Act 1966 (20/1966)

All Acts up to and including Children (Amendment) Act 2021 (6/2021), enacted 26 April 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Merchant Shipping (Navigation and Tracking) (Heading Systems and Testing of Steering Gear) Rules 2020 (S.I. No. 589 of 2020)

Merchant Shipping (Passenger Ships) Rules 2020 (S.I. No. 640 of 2020 )

Merchant Shipping (Radio) Rules 2018 (S.I. No. 452 of 2018)

Merchant Shipping (Safety Convention) (Countries of Acceptance) Order 2013 (S.I. No. 270 of 2013)

Merchant Shipping (Fees) (Amendment) Order 2012 (S.I. No. 336 of 2012)

Signals of Distress (Ships) Rules 2012 (S.I. No. 170 of 2012)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

European Communities (Passenger Ships) Regulations 2011 (S.I. No. 322 of 2011)

Merchant Shipping (Fees) Order 2010 (S.I. No. 594 of 2010)

Merchant Shipping (Safety Convention) (Countries of Acceptance) Order 2008 (S.I. No. 553 of 2008)

Merchant Shipping (Ro-Ro Passenger Ship Survivability) (Amendment) Rules 2004 (S.I. No. 709 of 2004)

Merchant Shipping (Radio) (Amendment) Rules 1998 (S.I. No. 554 of 1998)

Merchant Shipping (Fees) Order 1998 (S.I. No. 475 of 1998)

Merchant Shipping (Ro-Ro Passenger Ship Survivability) Rules 1998 (S.I. No. 429 of 1998)

Merchant Shipping (Ro-Ro Passenger Ship Survivability) (Amendment) Rules 1995 (S.I. No. 40 of 1995)

Merchant Shipping (Ro-Ro Passenger Ship Survivability) Rules 1994 (S.I. No. 251 of 1994)

Merchant Shipping (Passenger Ship Construction and Survey) (Amendment No. 2) Rules 1994 (S.I. No. 131 of 1994)

Merchant Shipping (Cargo Ship Safety Equipment Survey) (Amendment) Rules 1994 (S.I. No. 29 of 1994)

Merchant Shipping (Passenger Ship Construction and Survey) (Amendment) Rules 1994 (S.I. No. 12 of 1994)

Merchant Shipping (Navigational Warnings) (Amendment) Rules 1992 (S.I. No. 444 of 1992)

Merchant Shipping (Dangerous Goods) Rules 1992 (S.I. No. 391 of 1992)

Merchant Shipping (Safety Convention) (Countries of Acceptance) Order 1992 (S.I. No. 307 of 1992)

Merchant Shipping (Radio) Rules 1992 (S.I. No. 224 of 1992)

Merchant Shipping (Fees) Order 1992 (S.I. No. 156 of 1992)

Merchant Shipping (Radio Installations) Rules 1992 (S.I. No. 28 of 1992)

Merchant Shipping (Fire Protection) (Amendment) Rules 1990 (S.I. No. 86 of 1990)

Merchant Shipping (Navigational Equipment) (Amendment) Rules 1990 (S.I. No. 84 of 1990)

Merchant Shipping (Passenger Ship Construction) (Amendment) Rules 1989 (S.I. No. 97 of 1989)

Merchant Shipping (Closing of Openings in Hulls and in Watertight Bulkheads) Rules 1988 (S.I. No. 371 of 1988)

Merchant Shipping (Closing of Openings in Enclosed Superstructures and in Bulkheads Above The Bulkhead Deck) Rules 1988 (S.I. No. 370 of 1988)

Merchant Shipping (Fees) Order 1987 (S.I. No. 347 of 1987)

Merchant Shipping (Radio Installations) (Amendment No. 2) Rules 1985 (S.I. No. 281 of 1985)

Merchant Shipping (Navigational Equipment) Rules 1985 (S.I. No. 280 of 1985)

Merchant Shipping (Fire Protection) Rules 1985 (S.I. No. 279 of 1985)

Merchant Shipping (Passenger Ship Construction and Survey) Rules 1985 (S.I. No. 274 of 1985)

Merchant Shipping (Passenger Ship Construction) (Amendment) Rules 1985 (S.I. No. 273 of 1985)

Merchant Shipping (Safety Convention) (Countries of Acceptance) Order 1985 (S.I. No. 272 of 1985)

Merchant Shipping Act, 1952 (Section 15) (Amendment) Order 1985 (S.I. No. 271 of 1985)

Merchant Shipping (Radio Installations) (Amendment) Rules 1984 (S.I. No. 192 of 1984)

Merchant Shipping (Fees) Order 1983 (S.I. No. 402 of 1983)

Merchant Shipping (Safety Convention) (Countries of Acceptance) Order 1983 (S.I. No. 320 of 1983)

Merchant Shipping (Accepted Safety Convention Certificates) Regulations 1983 (S.I. No. 318 of 1983)

Merchant Shipping (Automatic Pilot and Testing of Steering Gear) Rules 1983 (S.I. No. 317 of 1983)

Merchant Shipping (Closing of Openings in Hulls and in Watertight Bulkheads) Rules 1983 (S.I. No. 315 of 1983)

Merchant Shipping (Radio Installations Survey) Rules 1983 (S.I. No. 313 of 1983)

Merchant Shipping (Cargo Ship Safety Equipment Survey) Rules 1983 (S.I. No. 312 of 1983)

Merchant Shipping (Navigational Warnings) Rules 1983 (S.I. No. 310 of 1983)

Merchant Shipping (Navigational Equipment) Rules 1983 (S.I. No. 309 of 1983)

Merchant Shipping (Radio Installations) Rules 1983 (S.I. No. 308 of 1983)

Merchant Shipping (Grain) Rules 1983 (S.I. No. 307 of 1983)

Merchant Shipping (Dangerous Goods) Rules 1983 (S.I. No. 306 of 1983)

Merchant Shipping (Passenger Ship Construction) Rules 1983 (S.I. No. 300 of 1983)

Merchant Shipping (Fees) Order 1981 (S.I. No. 42 of 1981 )

Signals of Distress (Ships and Water Craft on The Water) Rules 1977 (S.I. No. 234 of 1977)

Merchant Shipping (Safety Convention) (Countries of Acceptance) Order 1972 (S.I. No. 179 of 1972)

Merchant Shipping (Safety Convention) (Countries of Acceptance) (No. 2) Order 1969 (S.I. No. 211 of 1969)

Merchant Shipping (Safety Convention) (Countries of Acceptance) Order 1969 (S.I. No. 13 of 1969)

Merchant Shipping (Fees) Order 1968 (S.I. No. 185 of 1968)

Merchant Shipping (Dangerous Goods) (Amendment) Rules 1968 (S.I. No. 179 of 1968)

Merchant Shipping (Safety Convention) (Countries of Acceptance) (No. 3) Order 1968 (S.I. No. 178 of 1968)

Merchant Shipping (Safety Convention) (Countries of Acceptance) (No. 2) Order 1968 (S.I. No. 94 of 1968)

Merchant Shipping (Safety Convention) (Countries of Acceptance) Order 1968 (S.I. No. 34 of 1968)

Merchant Shipping (Cargo Ship Survey Fees) Order 1967 (S.I. No. 150 of 1967)

Merchant Shipping (Safety Convention) (Countries of Acceptance) Order 1967 (S.I. No. 112 of 1967)

Merchant Shipping (Accepted Safety Convention Certificates) Regulations 1967 (S.I. No. 111 of 1967)

Merchant Shipping (Closing of Openings in Hulls and in Watertight Bulkheads) Rules 1967 (S.I. No. 109 of 1967)

Merchant Shipping (Navigational Warnings) Rules 1967 (S.I. No. 108 of 1967)

Merchant Shipping (Dangerous Goods) Rules 1967 (S.I. No. 105 of 1967)

Merchant Shipping (Radio) Rules 1967 (S.I. No. 103 of 1967)

Merchant Shipping (Grain) Rules 1967 (S.I. No. 102 of 1967)

Merchant Shipping (Passenger Ship Construction) Rules 1967 (S.I. No. 98 of 1967)

Merchant Shipping (Fees) (Amendment) Order 1966 (S.I. No. 265 of 1966)

Signals of Distress (Ships and Seaplanes on The Water) Rules 1965 (S.I. No. 186 of 1965)

Merchant Shipping (Safety Convention) (Countries of Application) Order 1964 (S.I. No. 161 of 1964)

Merchant Shipping (Fees) Order 1963 (S.I. No. 266 of 1963)

Merchant Shipping (Safety Convention) (Countries of Application) Order 1963 (S.I. No. 239 of 1963)

Merchant Shipping (Safety Convention) (Countries of Application) Order 1961 (S.I. No. 167 of 1961)

Merchant Shipping (Safety Convention) (Countries of Application) Order 1960 (S.I. No. 10 of 1960)

Merchant Shipping (Safety Convention) (Countries of Application) Order 1958 (S.I. No. 224 of 1958)

Merchant Shipping (Safety Convention) (Countries of Application) Order 1955 (S.I. No. 197 of 1955)

Merchant Shipping (Safety Convention) (Countries of Application) Order 1954 (S.I. No. 130 of 1954)

Signals of Distress (Ships and Seaplanes on The Water) Rules 1953 (S.I. No. 395 of 1953)

Merchant Shipping (Grain) Rules 1953 (S.I. No. 348 of 1953)

Merchant Shipping (Dangerous Goods) Rules 1953 (S.I. No. 347 of 1953)

Merchant Shipping (Closing of Openings in Hulls and in Watertight Bulkheads) Rules 1953 (S.I. No. 346 of 1953)

Merchant Shipping (Accepted Safety Convention Certificates) Regulations 1953 (S.I. No. 345 of 1953)

Merchant Shipping (Safety Convention) (Transitional Provisions) Regulations 1953 (S.I. No. 344 of 1953)

Merchant Shipping (Safety Convention) (Countries of Application) Order 1953 (S.I. No. 343 of 1953)

Merchant Shipping (Direction-Finders) Rules 1953 (S.I. No. 342 of 1953)

Merchant Shipping (Radio) Rules 1953 (S.I. No. 340 of 1953)

Merchant Shipping (Construction) Rules 1953 (S.I. No. 339 of 1953)

All statutory instruments up to and including Consumer Protection Act 2007 (Competition and Consumer Protection Commission) Levy Regulations 2021 (S.I. No. 257 of 2021), made 20 May 2021, were considered in the preparation of this revision.


Number 29 of 1952.


MERCHANT SHIPPING (SAFETY CONVENTION) ACT 1952

REVISED

Updated to 20 May 2021


ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title and collective citation.

2.

Commencement.

3.

Interpretation and construction.

4.

Countries to which Safety Convention applies.

5.

Power of the Minister to prescribe fees.

6.

Collection and disposal of fees.

7.

Laying of orders, rules and regulations before Oireachtas.

8.

Repeals.

9.

Transitional provisions.

PART II.

Safety of Life at Sea.

Construction and Equipment.

10.

Construction rules.

11.

Rules for life-saving appliances. (Repealed)

12.

Amendment of section 430 of Principal Act. (Repealed)

13.

Amendment of Principal Act. (Repealed)

14.

Amendment of section 9 of the Merchant Shipping Act, 1906. (Repealed)

15.

Radio rules.

16.

Radio surveyors.

17.

Survey of passenger steamers by radio surveyors.

18.

Rules for direction-finders.

19.

Further provisions as to radio navigational aids. (Repealed)

Certificates.

20.

Issue for passengers steamers of safety certificates and exemption certificates.

21.

Modification of safety certificates as respects life-saving appliances.

22.

Issue for cargo ships of safety equipment certificates and exemption certificates.

23.

Issue for cargo ships of radio certificates and exemption certificates.

24.

Issue of general safety certificates, etc., on partial compliance with rules.

25.

Notice of alterations and additional surveys.

26.

Prohibition on proceedings to sea without appropriate certificates.

27.

Miscellaneous provisions as to surveys and certificates.

Safety Convention Ships not Registered in the State.

28.

Certificates of Convention ships not registered in the State.

29.

Modified survey of passenger steamers holding Convention certificates.

30.

Miscellaneous privileges of ships holding Convention certificates.

31.

Further provisions as to the production of Convention certificates.

Miscellaneous Provisions for Furthering Safety of Life at Sea.

32.

Information about ship's stability. (Repealed)

33.

Openings in passenger steamers' hulls and watertight bulkheads.

34.

Submersion of sub-division load lines. (Repealed)

35.

Report of dangers to navigation.

36.

Signals of distress.

37.

Obligation to assist vessels, etc., in distress.

38.

Carriage of dangerous goods.

39.

Carriage of grain.

40.

Method of giving helm orders.

41.

Careful navigation near ice.

42.

Notice of Atlantic routes.

Supplemental.

43.

Definition of “ passenger” and “ passenger steamer”.

44.

Removing persons in case of danger.

45.

Power of Minister to exempt from safety requirements.

46.

Exemption of certain ships from certain provisions of this Act.

47.

Consequential amendments of Merchant Shipping Acts.

FIRST SCHEDULE.

Enactments Repealed.

SECOND SCHEDULE.

Transitional Provisions.



Number 29 of 1952.


MERCHANT SHIPPING (SAFETY CONVENTION) ACT 1952

REVISED

Updated to 20 May 2021


AN ACT TO ENABLE EFFECT TO BE GIVEN TO AN INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, SIGNED IN LONDON ON THE 10 th DAY OF JUNE, 1948; TO AMEND THE PROVISIONS OF THE MERCHANT SHIPPING ACTS, 1894 TO 1947, RELATING TO THE CONSTRUCTION OF PASSENGER STEAMERS, TO LIFE-SAVING APPLIANCES, WIRELESS AND RADIO NAVIGATIONAL AIDS AND TO OTHER MATTERS AFFECTED BY THE SAID CONVENTION; AND TO MAKE PROVISION FOR THE CHARGING OF FEES. [17 th December, 1952.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

References construed and application of Act extended (25.01.1983) by Merchant Shipping Act 1981 (33/1981), s. 2(2)(a), (b), S.I. No. 15 of 1983.

Modifications of Act of 1952 and Act of 1966 for purposes of Convention of 1974.

2.—(1) The provisions of this section shall have effect for the purposes of enabling effect to be given to the Convention of 1974 (which replaces the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on the 17th day of June, 1960).

(2) The Act of 1952 shall have effect as if—

(a) for the references therein to the Safety Convention there were substituted references to the Convention of 1974; and

(b) references therein to that Act, except in sections 1 and 2, included references to this Act.

C2

Application of Act extended (14.05.1967) by Merchant Shipping Act 1966 (20/1966), s. 2(2), S.I. No. 54 of 1967.

Application of Act of 1952 to the Convention.

2.—For the purpose of enabling effect to be given to the Convention (which replaces the Safety Convention), the Act of 1952 shall have effect as if—

(a) for references therein to the Safety Convention there were substituted references to the Convention; and

(b) references therein to that Act, except in sections 1 and 2, included references to this Act.