Merchant Shipping Act 1992

Revocation and suspension of certificate.

9

9. (1) If the Minister is satisfied that—

(a) a declaration of survey on which a certificate was founded was in any material particular made erroneously,

(b) information furnished to the Minister in relation to the issue of a certificate was false or misleading in a material particular, or

(c) since the making of such a declaration as aforesaid, the hull, equipment or machinery of the vessel concerned has suffered any damage or the vessel has become unsuitable for the carriage of passengers or for the carriage of themaximum number of passengers specified in the certificate or for plying to the limits so specified,

he may, if he considers it appropriate to do so, revoke the certificate.

(2) The Minister may, if he considers it appropriate to do so, revoke or suspend a certificate if there is a failure or refusal to comply with a condition, restriction or requirement specified in the certificate.

F11[(2A) Where the Minister revokes or suspends a certificate in respect of a particular vessel, and is of opinion that it is in the interests of safety that the holder of the certificate should not be the holder of a certificate or licence in relation to other vessels, then the Minister may revoke or suspend any other certificate or licence held by the holder in relation to any other vessel.]

(3) If a certificate is suspended, the Minister may, if he so thinks fit, refuse to remove the suspension unless the vessel concerned has been surveyed and a declaration of survey in respect of it has been delivered to its owner since the suspension.

Annotations:

Amendments:

F11

Inserted (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 50(c), commenced as per s. 1(10).

Editorial Notes:

E5

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(1); 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.

E6

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(1); 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).

E7

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(1); revoked (16.11.2004) by European Communities (Passenger Ships) Regulations 2004 (S.I. No. 716 of 2004), reg. 14.