Merchant Shipping Act 1992

Issue of passenger ship's certificate.

8

8. (1) On the receipt of a declaration of survey in relation to a survey carried out not more than 2 months before the date of such receipt, the Minister, if he is satisfied that this Part has been complied with, shall, subject to subsection (4), issue to the owner of the vessel concerned a certificate in relation to the vessel (which shall be known as a passenger ship's certificate and is referred to in this Act as “ a certificate ”) stating such compliance and containing requirements, in accordance with the declarations in the declaration of survey delivered by the surveyor concerned, as to—

(a) the limits (if any) beyond which the vessel shall not ply,

(b) the maximum number of passengers that the vessel shall carry (specifying, if necessary, the numbers to be carriedin different parts of the vessel) and any conditions and variations to which the number is subject.

(2) A certificate shall be subject to such conditions and restrictions (if any) as the Minister may impose, at the time of the grant of the certificate or subsequently, and any such conditions or restrictions shall be specified in the certificate or in another document given or sent to the holder of the certificate by the Minister.

(3) A certificate shall, unless previously revoked or suspended, remain in force for one year or for such period, being less than one year, as may be specified in the certificate and shall then expire.

(4) Subject to the provisions of this section, a certificate shall be in such form as the Minister may determine.

(5) Notwithstanding anything contained in a declaration of survey, if the owner of the vessel concerned has been convicted of—

(a) an offence under subsection (6) (c), or

(b) any other offence that, in the opinion of the Minister, is of such a nature that, in the interests of safety, the person should not be the holder of a certificate in relation to the vessel,

the Minister may refuse to grant a certificate in relation to the vessel to the person.

(6) If in respect of a vessel there is a failure or refusal to comply with a condition, restriction or requirement specified in the certificate relating to it, the owner (or, if the vessel is on hire, the person to whom it is on hire) and the master shall each be guilty of an offence and shall each be liable—

(a) on summary conviction, to a fine not exceeding F10[€5,000] or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment of an offence consisting of a failure or refusal to comply with a condition or restriction specified in the certificate, to a fine not exceeding F10[€100,000] or to imprisonment for a term not exceeding 2 years or to both, or

(c) on conviction on indictment of an offence consisting of a failure or refusal to comply with a requirement specified in the certificate, to a fine not exceeding F10[€100,000] or to imprisonment for a term not exceeding 2 years or to both.

Annotations:

Amendments:

F10

Substituted (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 50(b)(i)-(iii) commenced as per s. 1(10). A fine of €5,000 translates into a class A fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

Modifications (not altering text):

C5

Application of section restricted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 51(3)(d), commenced on enactment. Note that S.I. No. 716 of 2004 is revoked, see below.

Application (Chapter 5).

51.— ...

(3) The following provisions of the Merchant Shipping Acts do not apply to a vessel’s tender, namely— ...

(d) section 8 of the Act of 1992 or that section as applied by the European Communities (Passenger Ships) Regulations 2004 (S.I. No. 716 of 2004), and

Editorial Notes:

E2

Previous affecting provision: application of section modified (29.06.2011) by European Communities (Passenger Ships) Regulations 2011 (S.I. No. 322 of 2011), reg. 10(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.

E3

Previous affecting provision: application of section modified (16.11.2004) by European Communities (Passenger Ships) Regulations 2004 (S.I. No. 716 of 2004), reg. 10(2); 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).

E4

Previous affecting provision: application of section modified (13.08.2002) by European Communities (Passenger Ships) Regulations 2002 (S.I. No. 419 of 2002), reg. 8(2); revoked (16.11.2004) by European Communities (Passenger Ships) Regulations 2004 (S.I. No. 716 of 2004), reg. 14.