Merchant Shipping (Safety Convention) Act 1952

Issue for passenger steamers of safety certificates and exemption certificates.

20

20. (1) If the Minister, on receipt of declarations of survey in respect of a passenger steamer registered in the State, is satisfied that the steamer complies with the construction rules, rules for life-saving appliances, F17[fire protection rules,] radio rules and F18[navigation and tracking rules] applicable to the steamer and to such international voyages as she is to be engaged on, and that she is properly provided with the lights, shapes and means of making fog-signals required by the collision regulations, he shall, on the application of the owner, issue in respect of the steamer a certificate (in this Act referred to as a general safety certificate) showing that the steamer complies with the requirements of the Safety Convention applicable as aforesaid.

(2) If the voyages on which the steamer is to be engaged are short international voyages and she complies only with such of those rules as are applicable to those voyages, the certificate shall show that the steamer complies with the requirements of the Safety Convention applicable to her as a steamer plying on short international voyages, and any such certificate is hereafter in this Act referred to as a short voyage safety certificate.

(3) If the Minister, on receipt of declarations of survey in respect of any such passenger steamer as aforesaid is satisfied that the steamer is exempt, by virtue of any exercise by him of a power in that behalf conferred on him by this Act or conferred on him by the rules in question, from any of the requirements of the construction rules, rules for life-saving appliances, radio rules or F19[navigation and tracking rules] applicable to the steamer and to such international voyages as she is to be engaged on, whether short voyages or otherwise, that she complies with the rest of those requirements and that she is properly provided with the lights, shapes and means of making fog-signals required by the collision regulations, he shall, on the application of the owner, issue in respect of the steamer—

(a) an exemption certificate stating which of the requirements of the Safety Convention applicable as aforesaid the steamer is exempt from and that the exemption is conditional on the steamer plying only on the voyages and being engaged only in the trades and complying with the other conditions (if any) specified in the certificate, and

(b) a certificate showing that the steamer complies with the rest of those requirements;

and any certificate issued under paragraph (b) of this subsection is hereafter in this Act referred to as a qualified safety certificate or a qualified short voyage safety certificate, as the case may be.

Annotations:

Amendments:

F17

Inserted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 11(a), commenced on enactment.

F18

Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 9(3)(a), commenced on enactment.

F19

Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 9(3)(a), commenced on enactment.

Modifications (not altering text):

C18

Application of section restricted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), ss. 43(2)(a)(i), 51(3)(b), 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,

...

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,

...

C19

Power of Minister to issue exemption certificate extended (14.05.1967) by Merchant Shipping Act 1966 (20/1966), s. 14, S.I. No. 54 of 1967.

Issue of exemption certificates where Convention country issues corresponding qualified certificates.

14.—Where the Minister, under section 27 (9) of the Act of 1952, requests the government of a country to which the Convention applies to issue in respect of a ship such certificates as he is authorised to issue under section 20 (3), section 22 (2) or section 23 (2) of that Act or under paragraph (a) of section 4 (2) of this Act, and that government is willing to issue, in pursuance of that request, a qualified certificate thereunder but is not willing to issue the corresponding exemption certificate, the Minister may issue that exemption certificate in respect of the ship.