Merchant Shipping Act 1992


Number 2 of 1992


MERCHANT SHIPPING ACT 1992

REVISED

Updated to 7 September 2021


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 Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including the European Union (Training, Certification and Watchkeeping for Seafarers) (Amendment) Regulations 2021 (S.I. No. 454 of 2021), made 7 September 2021, 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 7 September 2021


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Maritime Safety Acts 1992 to 2006 : this Act is one of a group of Acts included in this collective citation ( Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 1(8)). The Acts in this group are:

Merchant Shipping Act 1992 (2/1992)

Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000)

Maritime Safety Act 2005 (11/2005), Parts 2, 3, 4 (ss. 5-51)

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 104

Merchant Shipping Acts 1894 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Harbours Act 2015 (61/2015), s. 1(3)). The Acts in this group are:

Merchant Shipping Act 1894 (57 & 58 Vict.) c. 60

Merchant Shipping Act 1897 (60 & 61 Vict.) c. 59

Merchant Shipping (Exemption from Pilotage) Act 1897 (60 & 61 Vict.) c. 61 (Repealed)

Merchant Shipping (Liability of Shipowners) Act 1898 (61 & 62 Vict.) c. 14 (Repealed)

Merchant Shipping (Mercantile Marine Fund) Act 1898 (61 & 62 Vict.) c. 44

Merchant Shipping (Liability of Shipowners & Others) Act 1900(63 & 64 Vict.) c. 32 (Repealed)

Merchant Shipping Act 1906 (6 Edw. 7) c. 48

Merchant Shipping Act 1907 (7 Edw. 7) c. 52 (Repealed)

Pilotage Act 1913 (2 & 3 Geo. 5) c. 31 (Repealed)

Merchant Shipping (Certificates) Act 1914 (4 & 5 Geo. 5) c. 42 (Repealed)

Merchant Shipping (Convention) Act 1914 (4 & 5 Geo. 5) c. 50 (Repealed)

Merchant Shipping (Salvage) Act 1916 (6 & 7 Geo. 5) c. 41 (Repealed)

Merchant Shipping (Wireless Telegraphy) Act 1919 (9 & 10 Geo. 5) c. 38 (Repealed)

Merchant Shipping (Amendment) Act 1920 (10 & 11 Geo. 5) c. 2

Merchant Shipping Act 1921 (11 & 12 Geo. 5) c. 28

Merchant Shipping (Helm Orders) Act 1932 (32/1932) (Repealed)

Merchant Shipping (International Labour Conventions) Act 1933 (29/1933)

Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933)

Merchant Shipping (Amendment) Act 1939 (12/1939)

Merchant Shipping Act 1947 (46/1947)

Merchant Shipping (Safety Convention) Act 1952 (29/1952)

Pilotage (Amendment) Act 1962 (2/1962) (Repealed)

Merchant Shipping Act 1966 (20/1966)

Merchant Shipping (Load Lines) Act 1968 (17/1968)

Merchant Shipping (Certification of Seamen) Act 1979 (37/1979)

Merchant Shipping Act 1981 (33/1981)

Merchant Shipping (Light Dues) Act 1983 (18/1983)

Fisheries (Amendment) Act 1983 (27/1983), s. 8 in so far as it amends the Merchant Shipping Act 1894 and s. 10(2) (Repealed)

Merchant Shipping Act 1992 (2/1992)

Merchant Shipping (Salvage and Wreck) Act 1993 (34/1993)

Fisheries (Amendment) Act 1994 (23/1994) (Repealed)

Merchant Shipping (Liability of Shipowners and Others) Act 1996 (35/1996)

Merchant Shipping (Commissioners of Irish Lights) Act 1997 (37/1997)

Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998)

Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000)

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (9/2005), s. 28

Maritime Safety Act 2005 (11/2005), other than Parts 5 and 6

Merchant Shipping Act 2010 (14/2010), other than s. 93

Local Government Reform Act 2014 (1/2014), s. 1(15) and the amendment to the Merchant Shipping (Salvage and Wreck) Act 1993 provided for in s. 5(6) and Schedule 2, Part 6 (note: the reference to s. 5(6) appears to refer to s. 5(8))

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Harbours Act 2015 (61/2015), s. 51

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Harbours Act 2015 (61/2015)

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Merchant Shipping Act 2010 (14/2010)

Fines Act 2010 (8/2010)

Maritime Safety Act 2005 (11/2005)

Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000)

Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998)

All Acts up to and including Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Fishing Vessel (Personal Flotation Devices) (Amendment) Regulations 2018 (S.I. No. 401 of 2018)

Pleasure Craft (Personal Flotation Devices and Operation) (Safety) (Amendment) Regulations 2018 (S.I. No. 400 of 2018)

Pleasure Craft (Personal Flotation Devices and Operation) (Safety) (Amendment) Regulations 2012 (S.I. No. 349 of 2012)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

European Communities (Passenger Ships) Regulations 2011 (S.I. No. 322 of 2011)

Safety of Fishing Vessels Regulations 2007 (Revocation) Regulations 2011 (S.I. No. 53 of 2011)

Merchant Shipping (Fees) Regulations 2010 (S.I. No. 595 of 2010)

Merchant Shipping Fees (Amendment) Order 2008 (S.I. No. 390 of 2008)

Fishing Vessel (Fees) Regulations 2008 (S.I. No. 246 of 2008)

Fishing Vessel (Personal Flotation Devices) (Amendment) Regulations 2008 (S.I. No. 63 of 2008)

Fishing Vessel (Fees) Regulations 2007 (S.I. No. 669 of 2007)

Merchant Shipping (Safety of Fishing Vessels) (15-24 Metres) Regulations 2007 (S.I. No. 640 of 2007)

Safety of Fishing Vessels Regulations 2007 (S.I. No. 563 of 2007)

Pleasure Craft (Personal Flotation Devices and Operation) (Safety) Regulations 2005 Section 10(1)(2) (S.I. No 921 of 2005)

Merchant Shipping (Passenger Boat Manning) Regulations 2005 (S.I. No. 649 of 2005)

Maritime Safety Act 2005 (Fixed Payment Notices) (Sections 33 and 34) Regulations 2005 (S.I. No. 512 of 2005)

Fishing Vessel (Fees) Regulations 2005 (S.I. No. 504 of 2005)

Merchant Shipping (Pleasure Craft) (Lifejackets and Operation) (Safety) Regulations 2004 Regulation 10(1)(2) (S.I. No. 259 of 2004)

Merchant Shipping (Passenger Boat) (Amendment) Regulations 2003 (S.I. No. 648 of 2003)

Licensing of Passenger Boats (Exemption) (Amendment) Regulations 2002 (S.I. No. 556 of 2002)

Merchant Shipping (Passenger Boat) (Amendment) Regulations 2002 (S.I. No. 555 of 2002)

Fishing Vessel (Radio Installations) (Amendment) Regulations 2002 (S.I. No. 472 of 2002)

Fishing Vessels (Safety Provisions) Regulations 2002 (S.I. No. 418 of 2002)

Licensing of Passenger Boats (Exemption) Regulations 2002 (S.I. No. 274 of 2002)

Merchant Shipping (Passenger Boat) Regulations 2002  (S.I. No. 273 of 2002)

Licensing of Passenger Boats (Exemption) (Number 2) Regulations 2001 (S.I. No. 631 of 2001)

Fishing Vessel (Basic Safety Training) Regulations 2001 (S.I. No. 587 of 2001)

Fishing Vessel (Personal Flotation Devices) Regulations 2001 (S.I. No. 586 of 2001)

Merchant Shipping (Investigation of Marine Casualties) Act 2000 (Prescribed Classes of Vessels) Regulations 2001 (S.I. No. 285 of 2001)

Merchant Shipping (Mechanically Propelled Pleasure Craft) (Safety) Regulations 2001 (S.I. No. 284 of 2001)

Licensing of Passenger Boats (Exemption) Regulations 2001 (S.I. No. 172 of 2001)

Fishing Vessel (Radio Installations Survey) Regulations 1999 (S.I. No. 40 of 1999)

Fishing Vessel (Safety Provisions) Regulations 1998 (S.I. No. 550 of 1998)

Merchant Shipping (Passenger Ships) Regulations 1998 (S.I. No. 548 of 1998)

Fishing Vessel (Radio Installations) Regulations 1998 (S.I. No. 544 of 1998

Merchant Shipping (Fees) Order 1998 (S.I. No. 475 of 1998)

Merchant Shipping Act, 1992 (Part II) (Commencement) Order 1998 (S.I. No. 547 of 1998)

Merchant Shipping (Passenger Ship Construction and Survey) (Amendment No. 2) Rules 1994 (S.I. No. 131 of 1994)

Merchant Shipping (Passenger Ship Construction and Survey) (Amendment) Rules 1994 (S.I. No. 12 of 1994)

Merchant Shipping (Jet Skis and Fast Power Boats) Regulations 1992 (S.I. No. 387 of 1992)

Merchant Shipping (Fees) (Passenger Boats) Order 1992 (S.I. No. 295 of 1992)

Merchant Shipping Act, 1992 (Commencement) Order 1992 (S.I. No. 205 of 1992)

Merchant Shipping (Musters) (Fishing Vessels) Regulations 1993 (S.I. No. 48 of 1993)

All statutory instruments up to and including European Union (Training, Certification and Watchkeeping for Seafarers) (Amendment) Regulations 2021 (S.I. No. 454 of 2021), made 7 September 2021, were considered in the preparation of this revision.


Number 2 of 1992


MERCHANT SHIPPING ACT 1992

REVISED

Updated to 7 September 2021


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 7 September 2021


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. [11 th 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).

...