Merchant Shipping Act 1992

Power to detain certain vessels.

26

26. — (1) Section 459 (which provides for the detention of unsafe ships) of the Principal Act shall apply in relation to any vessel as respects which the Minister or a detaining officer (within the meaningof the said section 459) is of opinion that, owing to a contravention of this Act or of a regulation thereunder, the vessel is unfit to proceed on any voyage or excursion because of the danger to human life that the voyage or excursion would entail.

(2) Where a vessel is found by a detaining officer (within the meaning aforesaid) anywhere in the State and the vessel is a vessel to which, in the opinion of the officer, the said section 459 applies, the officer may detain the vessel at the place where it is found or take it to the nearest convenient port or other place (including a port or other place on a river or lake) and detain it there.

Annotations:

Editorial Notes:

E62

Previous affecting provision: application of section modified (29.06.2011) by European Communities (Passenger Ships) Regulations 2011 (S.I. No. 322 of 2011), reg. 12, in effect as per reg. 1(2); revoked (21.12.2019) by European Union (Passenger Ships) Regulations 2019 (S.I. No. 676 of 2019), reg. 25, in effect as per reg. 1(2), subject to transitional provision in reg. 26.

E63

Previous affecting provision: application of section modified (16.11.2004) by European Communities (Passenger Ships) Regulations 2004 (S.I. No. 716 of 2004), reg. 12; revoked (29.06.2011) by European Communities (Passenger Ships) Regulations 2011 (S.I. No. 322 of 2011), reg. 15, in effect as per reg. 1(2).

E64

Previous affecting provision: application of section extended (13.08.2002) by European Communities (Passenger Ships) Regulations 2002 (S.I. No. 419 of 2002), reg. 10; revoked (16.11.2004) by European Communities (Passenger Ships) Regulations 2004 (S.I. No. 716 of 2004), reg. 14.

E65

Previous affecting provision: application of section extended (30.12.1998) by European Communities (Fishing Vessel Safety) Regulations 1998 (S.I. No. 549 of 1998), reg. 4(7); revoked (13.08.2002) by European Communities (Safety of Fishing Vessels) Regulations 2002 (S.I. No. 417 of 2002), reg. 9.