Merchant Shipping Act 1992

Number 2 of 1992

MERCHANT SHIPPING ACT 1992

REVISED

Updated to 1 March 2022

This Revised Act is an administrative consolidation of the Merchant Shipping Act 1992. 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 Electricity Costs (Domestic Electricity Accounts) Emergency Measures Act 2022 (1/2022), enacted 4 March 2022, and all statutory instruments up to and including the Fishing Vessel (Radio Installations Survey) (Revocation) Regulations 2022 (S.I. No. 91 of 2022), made 1 March 2022, were considered in the preparation of this revision.

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 2 of 1992


MERCHANT SHIPPING ACT 1992

REVISED

Updated to 1 March 2022


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, commencement, construction and collective citation.

2.

Interpretation.

3.

Laying of regulations before Houses of Oireachtas.

4.

Repeals.

5.

Expenses.

PART II

Passenger Ships

6.

Annual survey.

7.

Mode of survey and declaration of survey for purposes of issue of passenger ship's certificate.

8.

Issue of passenger ship's certificate.

9.

Revocation and suspension of certificate.

10.

Display of certificate.

11.

False declaration of survey or certificate.

12.

Uncertificated passenger ship.

13.

Insurance of passenger ships.

PART III

Passenger Boats

14.

Prohibition of unlicensed passenger boats.

14A.

Exemptions from licensing requirements.

15.

Passenger boat licences.

16.

Revocation and suspension of licences.

17.

Production of licences and marking of passenger boats.

18.

Safety of passenger boats and their passengers and crews

PART IV

Miscellaneous

19.

Safety of fishing vessels and their crews.

20.

Safety of pleasure craft and their occupants.

21.

Appeal to District Court.

22.

Forfeiture.

23.

Conduct endangering vessels, structures or individuals. (Repealed)

24.

Drunkeness, etc., of passengers or members of crew. (Repealed)

25.

Powers of authorised officers.

26.

Power to detain certain vessels.

27.

Provisions regarding certain offences.

28.

Amendment of Merchant Shipping Act, 1947.

29.

Amendment of Merchant Shipping (Safety Convention) Act, 1952. (Repealed)

30.

Information.

31.

Fees.

32.

Provisions in relation to prosecutions.

33.

Power or function may be exercised by a statutory authority or body. (Repealed)

34.

Provisions relating to certain offences under regulations made under section 18, 19 or 20. (Repealed)

35.

Careless navigation or operation of vessels. (Repealed)

36.

Dangerous navigation or operation of vessels. (Repealed)

37.

Recovery of cost of Minister. (Repealed)

SCHEDULE

Enactments Repealed


Acts Referred to

Harbours Act, 1946

1946, No. 9

Mercantile Marine Act, 1955

1955, No. 29

Merchant Shipping Act, 1894

1894, c. 60

Merchant Shipping Act, 1906

1906, c. 48

Merchant Shipping Act, 1947

1947, No. 46

Merchant Shipping (Safety Convention) Act, 1952

1952, No. 4

Merchant Shipping Act, 1966

1966, No. 29

Merchant Shipping (Certification of Seamen) Act, 1979

1979, No. 37

Merchant Shipping Act, 1981

1981, No. 33

Merchant Shipping Acts, 1894 to 1983

Public Health Acts Amendment Act, 1907

1907, c. 53

Public Offices Fees Act, 1879

1879, c. 58


Number 2 of 1992


MERCHANT SHIPPING ACT 1992

REVISED

Updated to 1 March 2022


AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE SAFETY OF PASSENGER SHIPS, PASSENGER BOATS, FISHING VESSELS AND PLEASURE CRAFT, TO AMEND THE MERCHANT SHIPPING ACTS, 1894 TO 1983, AND TO PROVIDE FOR RELATED MATTERS. [11th March, 1992]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Application of Act restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 44(22) and sch. 2.

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42.— ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

...

Maritime Safety Acts 1992 to 2006

...

C1

Functions under collectively cited Maritime Safety Acts and Merchant Shipping Acts transferred and references to Department of and Minister for Communications, Marine and Natural Resources construed (1.01.2006) by Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 (S.I. No. 842 of 2005), arts. 3, 4 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.

3.  (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of Transport.

(2) References to the Department of Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, from the commencement of this Order, be construed as references to the Department of Transport.

4. (1) The functions vested in the Minister for Communications, Marine and Natural Resources -

(a) by or under the Acts specified in Part 1,

(b) by or under the provisions of the Acts specified in Part 2, and

(c) under the Regulations specified in Part 3,of the Schedule to this Order are transferred to the Minister for Transport.

(2) References to the Minister for Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Transport.

Schedule 1

Part 1

Acts

Free Ports Act 1986 (No. 6 of 1986)

Harbours Acts 1946 to 2005

Harbours Acts 1996 to 2005 (other than section 86 of the Harbours Act 1996 (No. 11 of 1996))

Irish Shipping Limited (Payments to Former Employees) Act 1994 (No. 10 of 1994)

Lough Corrib Navigation Act 1945 (No. 37 of 1945)

Maritime Safety Acts 1992 to 2005

Mercantile Marine Acts 1955 to 1983

Merchant Shipping Acts 1894 to 2005

Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988 to 2005

Sea Pollution Acts 1991 to 1999

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (No. 9 of 2005)

Shipping Investment Grants Act 1987 (No. 21 of 1987).

...