Merchant Shipping Act 1992
Fees.
31. — (1) (a) There shall be paid to the Minister by the owner of the vessel concerned in respect of the issue of a certificate or the grant of a licence F41[(including a certificate of registration, licence or certification issued or granted by the Minister under regulations made under this Act)] a fee of such amount as may be prescribed with the consent of the Minister for Finance.
(b) There shall be paid to a surveyor and a radio surveyor by the owner of the vessel concerned in respect of a survey for the purposes of Part II a fee of such amount as may be prescribed with the consent of the Minister for Finance.
(c) There shall be paid to an authorised person by the owner of the vessel concerned in respect of an inspection by the authorised person for the purposes of Part III a fee of such amount as may be prescribed with the consent of the Minister for Finance.
(d) Fees of different amounts may be prescribed under this section in respect of the issue of certificates for, and surveys of, vessels of different sizes for the purposes of Part II and in respect of the grant of licences for, and inspections of, vessels of different classes for the purposes of Part III .
(2) The Minister may refuse to issue a certificate or grant a licence if the appropriate fee in respect of the issue or grant and the appropriate fee in respect of the relevant survey or inspection has not been paid.
(3) A fee payable under this section may be recovered by the person to whom it is payable from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.
(4) The Public Offices Fees Act, 1879, shall not apply in relation to a fee under this section.
Annotations:
Amendments:
F41
Inserted (1.08.2000) by Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000), s. 44(10), S.I. No. 252 of 2000.
Modifications (not altering text):
C12
Functions under subs. (1) 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:
E70
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).
E71
Power pursuant to section exercised (3.07.2008) by Fishing Vessel (Fees) Regulations 2008 (S.I. No. 246 of 2008).
E72
Previous affecting provision: power pursuant to section exercised (26.09.2008) by Merchant Shipping Fees (Amendment) Order 2008 (S.I. No. 390 of 2008); rendered obsolete by revocation of Merchant Shipping (Fees) Order 1998 (S.I. No. 475 of 1998) (15.12.2010) by Merchant Shipping (Fees) Order 2010 (S.I. No. 594 of 2010), art. 12, in effect as per art. 1(2).
E73
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.
E74
Previous affecting provision: power pursuant to section exercised (22.07.2005) by Fishing Vessel (Fees) Regulations 2005 (S.I. No. 504 of 2005); 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).
E75
Power pursuant to section exercised (14.12.1998) by Merchant Shipping (Fees) Order 1998 (S.I. No. 475 of 1998), in effect as per art. 1(1); revoked (15.12.2010) by Merchant Shipping (Fees) Order 2010 (S.I. No. 594 of 2010), art. 12, in effect as pr art. 1(2).
E76
Previous affecting provision: power pursuant to section exercised (14.10.1992) by Merchant Shipping (Fees) (Passenger Boats) Order 1992 (S.I. No. 295 of 1992); revoked (14.12.1998) by Merchant Shipping (Fees) Order 1998 (S.I. No. 475 of 1998), art. 4, in effect as per art. 1(1).