Merchant Shipping (Safety Convention) Act 1952
Issue for cargo ships of radio certificates and exemption certificates.
23. — (1) If the Minister, on receipt of declarations of survey in respect of a ship registered in the State, not being a passenger steamer, is satisfied that the ship complies with the radio rules and F23[navigation and tracking rules] applicable to the ship and to such international voyages as she is to be engaged on, he shall, on the application of the owner, issue in respect of the ship a certificate (in this Act referred to as a radio certificate) showing that the ship complies with such of the requirements of the Safety Convention relating to F22[radiocommunications] and F23[navigation and tracking systems and equipment] as are applicable as aforesaid.
(2) If the Minister, on receipt of declarations of survey in respect of any such ship as aforesaid, is satisfied that the ship 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 radio rules or rules for F23[navigation and tracking rules] applicable to the ship and to such international voyages as she is to be engaged on and that she complies with the rest of the requirements of the radio rules and rules for F23[navigation and tracking rules], he shall, on the application of the owner, issue in respect of the ship—
(a) an exemption certificate stating which of the requirements of the Safety Convention relating to F22[radiocommunications] and F23[navigation and tracking systems and equipment], being requirements applicable as aforesaid, the ship is exempt from and that the exemption is conditional on the ship plying only on the voyages and complying with the other conditions (if any) specified in the certificate, and
(b) a certificate (in this Act referred to as a qualified radio certificate) showing that the ship complies with the rest of those requirements.
(3) Where any ship registered in the State is wholly exempt from the requirements of the radio rules and the rules for F23[navigation and tracking rules], the Minister shall on the application of the owner issue an exemption certificate stating that the ship is wholly exempt from the requirements of the Safety Convention relating to F22[radiocommunications] and F23[navigation and tracking systems and equipment] and specifying the voyages on which, and conditions (if any) on which, the ship is so exempt.
Annotations
Amendments:
F22
Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 8(2)(c), commenced on enactment.
F23
Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 9(3)(a), (b), commenced on enactment.
Modifications (not altering text)
C22
Application of section restricted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 43(2)(c), commenced on enactment.
Application (Chapter 4).
43.— ...
(2) The following do not apply to a ship to which this Chapter applies, namely — ...
(c) the issue of a safety equipment certificate under section 22 or of a radio certificate under section 23 of the Act of 1952,
...
C23
Application of section modified (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.