Merchant Shipping Act 1992
F27[Safety of fishing vessels and their crews
19.—(1) The Minister may, by regulations, make such provision as the Minister thinks necessary or expedient for the purpose of ensuring—
(a) the safety of—
(i) fishing vessels,
(ii) the crews of fishing vessels, and
(iii) other persons, and of property, from injury or damage caused by, resulting from or arising out of the use of fishing vessels, or
(b) that the use of a fishing vessel does not create a disturbance or constitute a nuisance.
(2) Without prejudice to the generality of subsection (1), regulations under this section may—
(a) require fishing vessels or specified classes of fishing vessels to comply with specified standards of seaworthiness (including stability),
(b) require fishing vessels or specified classes of fishing vessels to comply with specified standards of construction and maintenance,
(c) require fishing vessels or specified classes of fishing vessels to carry one or more of the following, that is to say, specified life-saving, fire-fighting, radio and navigation equipment,
(d) make provision for periodic surveys of fishing vessels or specified classes of fishing vessels and their equipment and the prohibition of the use for fishing of fishing vessels that have not been surveyed in accordance with the regulations or that, following such a survey, are declared by the person who carried it out to be unsafe for use for fishing, angling in the sea or angling in fresh water, and for appeals against such declarations and against other findings of such surveys,
(e) make provision for ascertaining and testing the standards of competence of skippers and of any other members of the crews of fishing vessels or specified classes of fishing vessels, whether by examination, interview or otherwise, and the prohibition of those who do not reach such standards of competence as the Minister considers appropriate from working as skippers or, as the case may be, other members of the crews of such vessels and the prohibition of owners of such vessels from employing as skippers or other members of the crews of such vessels those who do not reach such standards as aforesaid,
(f) require and regulate the use of personal flotation devices on specified classes of fishing vessels, and
(g) regulate or prohibit the towing of anything (other than fishing nets) by or from fishing vessels or fishing vessels of a specified class.
(3) Regulations under this section may make provision for such consequential, incidental, ancillary and supplementary matters (including the enforcement of the regulations and, with the consent of the Minister for Finance, the charging of fees by the Minister) as the Minister considers necessary or expedient.
F28[(3A) In making regulations under this section the Minister may categorise fishing vessels into different classes having regard to one or more of the following, where appropriate:
(a) the size, shape, speed or configuration of such vessels;
(b) the service for which such vessels are to be employed;
(c) the nature and duration of voyages to be undertaken;
(d) the number of persons that such vessels are designed to carry on board;
(e) such other matter or matters that the Minister considers appropriate to take into account in the circumstances.]
(4) Different provision may be made in regulations under this section for different classes of fishing vessels.
F29[(5) If in respect of a fishing vessel there is a contravention of a regulation under this section—
(a) (other than in respect of a matter referred to in subsection (2)(f)), the owner and (if the vessel is in use) the master of the vessel each commits an offence and each is liable on summary conviction to a class A fine, or
(b) in respect of a matter referred to in subsection (2)(f) —
(i) the owner and (if the vessel is in use) the master of the vessel, and
(ii) where the person contravening the regulation is not the owner or master of the vessel, that person, each commits an offence and each is liable on summary conviction to a class A fine.]]
Annotations:
Amendments:
F27
Substituted (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 47(1),commenced as per s. 1(10).
F28
Inserted (3.07.2010) by Merchant Shipping Act 2010(14/2010), s. 15(c), commenced on enactment.
F29
Substituted (25.12.2015) by Harbours Act 2015 (61/2015), s. 51(c), commenced on enactment. A class A fine means a fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.
Modifications (not altering text):
C9
Functions under subs. (3) 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. 2 of 1992 |
Merchant Shipping Act 1992 |
Sections 18(3), 19(3), 20(3) and 31(1) |
|
... |
... |
... |
Editorial Notes:
E29
Power pursuant to section exercised (1.03.2022) by Fishing Vessel (Radio Installations Survey) (Revocation) Regulations 2022 (S.I. No. 91 of 2022).
E30
Power pursuant to section exercised (3.10.2018) by Fishing Vessel (Personal Flotation Devices) (Amendment) Regulations 2018 (S.I. No. 401 of 2018), in effect as per reg. 1(2).
E31
Power pursuant to section exercised (7.02.2011) by Safety of Fishing Vessels Regulations 2007 (Revocation) Regulations 2011 (S.I. No. 53 of 2011), in effect as per reg. 1(2).
E32
Power pursuant to section exercised (15.12.2010) by Merchant Shipping (Fees) Regulations 2010 (S.I. No. 595 of 2010), in effect as per reg. 1(2).
E33
Power pursuant to section exercised (3.07.2008) by Fishing Vessel (Fees) Regulations 2008 (S.I. No. 246 of 2008).
E34
Power pursuant to section exercised (1.10.2007, 1.10.2008, 1.10.2009, 1.10.2010) by Merchant Shipping (Safety of Fishing Vessels) (15-24 Metres) Regulations 2007 (S.I. No. 640 of 2007), in effect as per reg. 1(2)(a)-(d).
E35
Power pursuant to section exercised (8.10.2002) by Fishing Vessel (Radio Installations) (Amendment) Regulations 2002 (S.I. No. 472 of 2002); continued in force (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 47(3), in effect as per s. 1(10).
E36
Power pursuant to section exercised (13.08.2002) by Fishing Vessel (Safety Provisions) Regulations 2002 (S.I. No. 418 of 2002); continued in force (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 47(3), in effect as per s. 1(10).
E37
Power pursuant to section exercised (1.03.2002) by Fishing Vessel (Basic Safety Training) Regulations 2001 (S.I. No. 587 of 2001), in effect as per reg. 1(2); continued in force (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 47(3), in effect as per s. 1(10).
E38
Power pursuant to section exercised (1.03.2002) by Fishing Vessel (Personal Flotation Devices) Regulations 2001 (S.I. No. 586 of 2001), in effect as per reg. 1(2); continued in force (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 47(3), in effect as per s. 1(10).
E39
Power pursuant to section exercised (1.01.1999) by Fishing Vessel (Radio Installations) Regulations 1998 (S.I. No. 544 of 1998), in effect as per reg. 1(1); continued in force (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 47(3), in effect as per s. 1(10).
E40
Power pursuant to section exercised (17.02.1993) by Merchant Shipping (Musters) (Fishing Vessels) Regulations 1993 (S.I. No. 48 of 1993); continued in force (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 47(3), in effect as per s. 1(10).
E41
Previous affecting provision: power pursuant to section exercised (29.02.2008) by Fishing Vessel (Personal Flotation Devices) (Amendment) Regulations 2008 (S.I. No. 63 of 2008); revoked (3.10.2018) by Fishing Vessel (Personal Flotation Devices) (Amendment) Regulations 2018 (S.I. No. 401 of 2018), reg. 3, in effect as per reg. 1(2).
E42
Previous affecting provision: power pursuant to section exercised (1.10.2007) by Fishing Vessel (Fees) Regulations 2007 (S.I. No. 669 of 2007), in effect as per reg. 1(2); revoked (3.07.2008) by Fishing Vessel (Fees) Regulations 2008 (S.I. No. 246 of 2008), reg. 5.
E43
Previous affecting provision: power pursuant to section exercised (22.07.2005) by Fishing Vessel (Fees) Regulations 2005 (S.I. No. 504 of 2005); continued in force (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 47(3), in effect as per s. 1(10); revoked (1.10.2007) by Fishing Vessel (Fees) Regulations 2007 (S.I. No. 669 of 2007), reg. 5, in effect as per reg. 1(2).
E44
Previous affecting provision: power pursuant to section exercised (30.07.2007) by Safety of Fishing Vessels Regulations 2007 (S.I. No. 563 of 2007); revoked (7.02.2011) by Safety of Fishing Vessels Regulations 2007 (Revocation) Regulations 2011 (S.I. No. 53 of 2011), reg. 2.
E45
Previous affecting provision: subs. (1) substituted(1.08.2000) by Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000), s. 44(6), S.I. No. 252 of 2000; section substituted as per F-note above.
E46
Previous affecting provision: subs. (2)(d), (e) substituted and (f) inserted (1.08.2000) by Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000), s. 44(7)(a)-(c), S.I. No. 252 of 2000; section substituted as per F-note above.
E47
Previous affecting provision: subs. (5) amended (1.08.2000) by Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000), s. 44(8), S.I. No. 252 of 2000; section substituted as per F-note above.
E48
Previous affecting provision: power pursuant to section exercised (2.02.1999) by Fishing Vessel (Radio Installations Survey) Regulations 1999 (S.I. No. 40 of 1999); continued in force (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 47(3), in effect as per s. 1(10); revoked (1.03.2022) by Fishing Vessel (Radio Installations Survey) (Revocation) Regulations 2022 (S.I. No. 91 of 2022), reg. 2.
E49
Previous affecting provision: power pursuant to section exercised (30.12.1998) by Fishing Vessel (Safety Provisions) Regulations 1998 (S.I. No. 550 of 1998); revoked (13.08.2002) by Fishing Vessels (Safety Provisions) Regulations 2002 (S.I. No. 418 of 2002), reg. 12(1).