Merchant Shipping Act 1992

Interpretation.

2

2. (1) In this Act, save where the context otherwise requires—

authorised officer ” means—

(a) any person authorised in writing by the Minister to exercise the powers conferred on an authorised officer by this Act,

(b) a person holding commissioned naval rank in the Permanent Defence Forces, while in uniform,

(c) a member of the Garda Síochána, while in uniform, or

F1[(d) as respects the harbour of which he or she is the harbour master or is in charge of, a person appointed to be such by one of the following, that is to say:

(i) a company within the meaning of the Harbours Act 1996;

(ii) the Minister for Agriculture, Food and the Marine, in respect of a fishery harbour centre (within the meaning of the Fishery Harbour Centres Act 1968);

(iii) a local authority (within the meaning of section 2 (as amended by Part 1 of Schedule 1 to the Local Government Reform Act 2014 ) of the Local Government Act 2001);

(iv) Iarnród Éireann - Irish Rail, in respect of Rosslare Harbour;]

authorised person ” means a surveyor or a person authorised in writing by the Minister to carry out inspections of vessels for the purposes of Part III;

certificate ” means a passenger ship's certificate issued under section 8 and in force and cognate words shall be construed accordingly;

F2[fishing vessel means a vessel designed, equipped or used commercially for catching or taking fish or other living resources of the sea (including the sea bed) or freshwater;]

licence ” means a passenger boat licence granted under section 15 and in force and cognate words shall be construed accordingly;

master ”, in relation to a vessel, means the person having, for the time being, the command or charge of the vessel;

the Minister ” means the F3[Minister for Transport];

owner ”, in relation to a vessel, means the person registered under the Mercantile Marine Act, 1955, as its owner or, if no person is so registered, the person who owns the vessel, and includes any part owner, charterer, manager or operator of the vessel;

passenger ” means any person carried on a vessel other than—

(a) the owner or a person to whom the vessel is on hire or a person employed or engaged in any capacity on board the vessel on the business of the vessel, or

(b) a person on board the vessel either in pursuance of the obligation laid upon the master of the vessel to carry shipwrecked, distressed or other persons or by reason of any circumstances that could not have been prevented or forestalled by the master or the owner of the vessel;

passenger boat ” means—

(a) a vessel carrying not more than 12 passengers for reward or having on board for the purposes of carriage for reward not more than 12 passengers, or

(b) a vessel that is carrying not more than 12 passengers, or has on board for the purposes of carriage not more than 12 passengers, and is on hire pursuant to a contract or other arrangement under which a crew or part of a crew is provided for the vessel by its owner,

and includes a vessel carrying not more than 12 persons to or from their place of work, or having on board not more than 12 persons for the purposes of such carriage, and owned by or on hire to their employer and a vessel registered outside the State and carrying not more than 12 passengers between places in the State, or having on board not more than 12 passengers for the purposes of such carriage, but does not include such a vessel carrying passengers to or from theState or having on board passengers for the purposes of such carriage, F4[] F5[] or a vessel in respect of which a certificate is in force;

passenger ship ” means a vessel carrying more than 12 passengers or having on board more than 12 passengers for the purposes of carriage and includes a vessel carrying more than 12 persons to or from their place of work, or having on board more than 12 persons for the purposes of such carriage, and owned by or on hire to their employer and a vessel registered outside the State and carrying more than 12 passengers between places in the State, or having on board more than 12 passengers for the purposes of such carriage, but does not include such a vessel carrying passengers to or from the State or having passengers on board for the purposes of such carriage F4[] F5[];

F6[‘personal watercraft’ means a craft of less than 4 metres in length which uses an internal combustion engine having a water jet pump as its primary source of propulsion and which is designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull;]

prescribed ” means prescribed by regulations made by the Minister;

the Principal Act ” means the Merchant Shipping Act, 1894;

radio surveyor ” means a radio surveyor within the meaning of section 16 of the Merchant Shipping (Safety Convention) Act, 1952;

registered ” means registered under the Merchant Shipping Acts, 1894 to 1983;

skipper ”, in relation to a fishing vessel, means the person having for the time being the command or charge of the vessel;

surveyor ” means a person appointed under section 724 of the Principal Act to be a surveyor of ships for the purposes of that Act;

vessel ” includes any ship or boat and any other vessel used in navigation F6[and personal watercraft].

(2) In this Act—

(a) a reference to a Part or section is a reference to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

Annotations:

Amendments:

F1

Substituted (25.12.2015) by Harbours Act 2015 (61/2015), s. 51(a), commenced on enactment.

F2

Substituted (1.08.2000) by Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000), s. 44(1)(a), S.I. No. 252 of 2000.

F3

Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 15(a), commenced on enactment.

F4

Deleted (1.08.2000) by Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000), s. 44(1)(b), (c), S.I. No. 252 of 2000.

F5

Deleted (16.06.1998) by Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998), s. 4(a)(i), (ii), commenced on enactment.

F6

Inserted (1.08.2000) by Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000), s. 44(1)(d), (e), S.I. No. 252 of 2000.

F7

Substituted by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4, not commenced as of date of revision.

Modifications (not altering text):

C3

Prospective affecting provision: definition of owner substituted by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4, not commenced as of date of revision.

F7[‘owner’, in relation to a vessel, means the person registered under the Merchant Shipping (Registration of Ships) Act 2014 as its owner or, if no person is so registered, the person who owns the vessel, and includes any part owner, charterer, manager or operator of the vessel;]