Merchant Shipping (Safety Convention) Act 1952
Construction rules.
F6[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.]
Annotations
Amendments:
F6
Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 7(1), commenced on enactment.
Modifications (not altering text)
C9
Application of rules made under section restricted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), ss. 43(2)(a)(i), commenced on enactment.
Application (Chapter 4).
43.— ...
(2) The following do not apply to a ship to which this Chapter applies, namely—
(a) rules made under—
(i) section 10, 15, or 18 of the Act of 1952,
...
C10
Application of section restricted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 51(3)(b), 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— ...
(b) section 10, 15, 18 or 20 of the Act of 1952,
...
Editorial Notes
E35
Power pursuant to section exercised (28.05.2024) by Merchant Shipping (Passenger Ships) (Amendment) Rules 2024 (S.I. No. 250 of 2024).
E36
Power pursuant to section exercised (20.07.2023) by Merchant Shipping (Fire Protection) Rules 2023 (S.I. No. 379 of 2023).
E37
Power pursuant to section exercised (7.03.2023) by Merchant Shipping (Passenger Ships) (Amendment) Rules 2023 (S.I. No. 109 of 2023).
E38
Power pursuant to section exercised (8.02.2022) by Merchant Shipping (Passenger Ships) (Amendment) Rules 2022 (S.I. No. 49 of 2022).
E39
Power pursuant to subs. (4) exercised (9.06.2021) by Merchant Shipping (Solas V - Navigation Bridge Visibility) (Construction) Rules 2021 (S.I. No. 280 of 2021).
E40
Power pursuant to section exercised (15.12.2020) by Merchant Shipping (Passenger Ships) Rules 2020 (S.I. No. 640 of 2020).
E41
Minister with Minister for Finance may prescribe fees for surveys carried out in accordance with regulations made under subs. (1)(b) as provided (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 90(1)(b), commenced on enactment.
E42
Power pursuant to subs. (1) exercised (10.11.2004) by Merchant Shipping (Ro-Ro Passenger Ship Survivability) (Amendment) Rules 2004 (S.I. No. 709 of 2004).
E43
Power pursuant to subs. (1) exercised (31.10.1998) by Merchant Shipping (Ro-Ro Passenger Ship Survivability) Rules 1998 (S.I. No. 429 of 1998).
E44
Power pursuant to subs. (1) exercised (14.02.1995) by Merchant Shipping (Ro-Ro Passenger Ship Survivability) (Amendment) Rules 1995 (S.I. No. 40 of 1995).
E45
Power pursuant to subs. (1) exercised (1.11.1994) by Merchant Shipping (Ro-Ro Passenger Ship Survivability) Rules, 1994 (S.I. No. 251 of 1994), in effect as per rule 1.
E46
Power pursuant to section exercised (1.07.1994) by Merchant Shipping (Passenger Ship Construction and Survey) (Amendment No. 2) Rules 1994 (S.I. No. 131 of 1994), in effect as per rule 1.
E47
Power pursuant to section exercised (16.09.1985) by Merchant Shipping (Passenger Ship Construction and Survey) Rules 1985 (S.I. No. 274 of 1985), in effect as per rule 1(1).
E48
Power pursuant to section exercised (1.12.1983) by Merchant Shipping (Passenger Ship Construction) Rules 1983 (S.I. No. 300 of 1983), in effect as per rule 1(1).
E49
Previous affecting provision: application of subs. (1) extended (1.08.1992) by Merchant Shipping Act 1992 (2/1992), s. 29, S.I. No. 205 of 1992; repealed (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 7(2), commenced on enactment.
E50
Previous affecting provision: power pursuant to section exercised (23.04.1990) by Merchant Shipping (Fire Protection) (Amendment) Rules 1990 (S.I. No. 86 of 1990), in effect as per rule 1; revoked (20.07.2023) by Merchant Shipping (Fire Protection) Rules 2023 (S.I. No. 379 of 2023), rule 155(b).
E51
Previous affecting provision: power pursuant to section exercised (1.05.1989) by Merchant Shipping (Passenger Ship Construction) (Amendment) Rules 1989 (S.I. No. 97 of 1989), in effect as per rule 1(2); revoked (1.04.1994) by Merchant Shipping (Passenger Ship Construction and Survey) (Amendment) Rules 1994 (S.I. No. 12 of 1994), rule 3, in effect as per rule 1.
E52
Previous affecting provision: power pursuant to section exercised (16.09.1985) by Merchant Shipping (Fire Protection) Rules 1985 (S.I. No. 279 of 1985), in effect as per rule 1(1); revoked (20.07.2023) by Merchant Shipping (Fire Protection) Rules 2023 (S.I. No. 379 of 2023), rule 155(a).
E53
Previous affecting provision: power pursuant to section exercised (16.09.1985) by Merchant Shipping (Passenger Ship Construction) (Amendment) Rules 1985 (S.I. No. 273 of 1985), in effect as per rule 1; revoked (1.05.1989) by Merchant Shipping (Passenger Ship Construction) (Amendment) Rules 1989 (S.I. No. 97 of 1989), rule 4, in effect as per rule 1(2).
E54
Previous affecting provision: subss. 10(1), (2) construed (25.01.1983) by Merchant Shipping Act 1981 (33/1981), s. 2(4)(a), S.I. No. 15 of 1983; section substituted as per F-note above.
E55
Previous affecting provision: application of section extended (14.05.1967) by Merchant Shipping Act 1966 (20/1966), s. 9(a), (b), S.I. No. 54 of 1967; repealed (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 7(2), commenced on enactment.
E56
Previous affecting provision: power pursuant to section exercised (14.05.1967) by Merchant Shipping (Passenger Ship Construction) Rules 1967 (S.I. No. 98 of 1967), rule 1(3), in effect as per rule 1(2); revoked (1.12.1983) by Merchant Shipping (Passenger Ship Construction) Rules 1983 (S.I. No. 300 of 1983), rule 1(4), in effect as per rule 1(1), subject to transitional provision in rule 1(3).
E57
Previous affecting provision: power pursuant to section exercised (19.11.1953) by Merchant Shipping (Construction) Rules 1953 (S.I. No. 339 of 1953), in effect as per art. 1(5); revoked (14.05.1967) by Merchant Shipping (Passenger Ship Construction) Rules 1967 (S.I. No. 98 of 1967), rule 1(3), in effect as per rule 1(1).