Merchant Shipping (Safety Convention) Act 1952

Power of the Minister to prescribe fees.

5

5. (1) The Minister may, with the consent of the Minister for Finance, prescribe by order (in this Act referred to as a fees order) the fees to be charged for inspections made and certificates issued under this Act.

(2) The Minister may, with the consent of the Minister for Finance, at any time by order revoke or amend a fees order or an order made under this subsection.

Annotations

Modifications (not altering text)

C5

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 29 of 1952

Merchant Shipping (Safety Convention) Act 1952

Sections 5 and 6

...

...

...

C6

Application of section extended, restricted (14.05.1967) by Merchant Shipping Act 1966 (20/1966), ss. 3(4), 4(6)(b), S.I. No. 54 of 1967.

Cargo ship construction and survey rules.

3.— ...

(4) The matters with regard to which fees may be prescribed by order under section 5 of the Act of 1952 shall include surveys required by the cargo ship construction and survey rules, and the provisions applied by section 27 (2) of that Act (which relate to the delivery of declarations of survey and appeals to the court of survey) shall apply to such surveys whether or not they are made for the purpose of the issue of any certificate.

...

Cargo ship safety construction certificates and exemption certificates.

4.— ...

(6) In relation to a certificate issued or extended under this section by a person authorised by the Minister—

(a) the provisions applied by section 27 (8) of the Act of 1952 (which relate to the transmission, cancellation, surrender, posting-up and falsification of certificates issued by the Minister), except section 276 of the Principal Act (transmission of certificates), and

(b) section 5 of the Act of 1952 (fees);

shall apply as they apply in relation to certificates issued by the Minister, but so much of section 6 of the Act of 1952 as requires fees to be paid into or disposed of for the benefit of the Exchequer shall not apply.

...

Editorial Notes

E24

Power pursuant to section exercised (6.09.2012) by Merchant Shipping (Fees) (Amendment) Order 2012 (S.I. No. 336 of 2012).

E25

Power pursuant to section exercised (15.12.2010) by Merchant Shipping (Fees) Order 1998 (S.I. No. 594 of 2010), in effect as per art. 1(2).

E26

Previous affecting provision: power pursuant to section exercised (14.12.1998) by Merchant Shipping (Fees) Order 1998 (S.I. No. 475 of 1998), in effect as per art. 1(1); revoked (15.12.2010) by Merchant Shipping (Fees) Order 2010 (S.I. No. 594 of 2010), art. 12, in effect as per art. 1(2).

E27

Previous affecting provision: power pursuant to section exercised (1.07.1992) by Merchant Shipping (Fees) Order 1992 (S.I. No. 156 of 1992), in effect as per art. 1(1); revoked (14.12.1998) by Merchant Shipping (Fees) Order 1998 (S.I. No. 475 of 1998), art. 4, in effect as per art. 1(1).

E28

Previous affecting provision: power pursuant to section exercised (1.01.1988) by Merchant Shipping (Fees) Order 1987 (S.I. No. 347 of 1987), in effect as per art. 1(1); revoked (1.07.1992) by Merchant Shipping (Fees) Order 1992 (S.I. No. 156 of 1992), art. 4, in effect as per art. 1(1)

E29

Previous affecting provision: power pursuant to section exercised (31.12.1983) by Merchant Shipping (Fees) Order 1983 (S.I. No. 402 of 1983); revoked (1.01.1988) by Merchant Shipping (Fees) Order 1987 (S.I. No. 347 of 1989), art. 4, in effect as per art. 1(1).

E30

Previous affecting provision: power pursuant to section exercised (9.09.1968) by Merchant Shipping (Fees) Order 1968 (S.I. No. 185 of 1968); revoked (2.02.1981) by Merchant Shipping (Fees) Order 1981 (S.I. No. 42 of 1981), art. 4, in effect as per art. 1(2).

E31

Previous affecting provision: power pursuant to section exercised (1.06.1967) by Merchant Shipping (Cargo Ship Survey Fees) Order 1967 (S.I. No. 150 of 1967); revoked (9.09.1968) by Merchant Shipping (Fees) Order 1968 (S.I. No. 185 of 1968), art. 4, in effect as per art. 1(2).

E32

Previous affecting provision: power pursuant to section exercised (29.12.1966) by Merchant Shipping (Fees) (Amendment) Order 1966 (S.I. No. 265 of 1966), in effect as per art. 1(2); rendered obsolete by revocation of Merchant Shipping (Fees) Order 1963 (S.I. No. 266 of 1963) (9.09.1968) by Merchant Shipping (Fees) Order 1968 (S.I. No. 185 of 1968), art. 4, in effect as per art. 1(2).

E33

Previous affecting provision: power pursuant to section exercised (1.01.1964) by Merchant Shipping (Fees) Order 1963 (S.I. No. 266 of 1963), in effect as per art. 1(2); revoked (9.09.1968) by Merchant Shipping (Fees) Order 1968 (S.I. No. 185 of 1968), art. 4, in effect as per art. 1(2).