Merchant Shipping Act 2010

11.
(I)
(II)

Increase of fines, etc. (Act of 1952).

11.— The Act of 1952 is amended—

( a) in section 20(1) by inserting “fire protection rules,” after “rules for life-saving appliances,”,

( b) in section 21(2), by substituting “€500” for “twenty pounds”,

( c) in sections 22(1) and 22(2) by the inclusion of “and fire protection rules” after “life-saving appliances”,

( d) in section 25(3), by substituting, “€1,000” for “fifty pounds”, and

( e) in section 26—

(i) by substituting for subsection (4) the following:

“(4) If any ship proceeds, or attempts to proceed, to sea in contravention of this section—

( a) in the case of a passenger steamer, the owner or master of the steamer, without prejudice to any other remedy or penalty under the Merchant Shipping Acts commits an offence and is liable—

(i) on summary conviction, to a fine not exceeding €5,000, or

(ii) on conviction on indictment, to a fine not exceeding €100,000,

or

( b) in the case of a ship not being a passenger steamer, the owner or master of the ship commits an offence and is liable on summary conviction to a fine not exceeding €5,000,”,

(ii) by deleting subsection (5), and

(iii) in subsection (7), by substituting “€5,000” for “one hundred pounds”.

( f) in section 35—

(i) in subsection (1), by substituting “an Irish ship” for “any ship registered in the State”,

(ii) in subsection (3), by substituting “€2,000” for “fifty pounds”, and

(iii) in subsection (4), by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for Post and Telegraphs” in each place it occurs,

( g) in section 36(2), by substituting “€2,000” for “fifty pounds”,

( h) in section 37—

(i) in subsection (1) and (2), by substituting “an Irish ship” for “a ship registered in the State”,

(ii) by substituting for subsection (5), the following:

“(5) If a master fails to comply with subsection (1) or (2) he or she commits an offence and is liable on summary conviction to a fine not exceeding €5,000.”,

and

(iii) in subsection (6), by substituting—

(I) “an Irish ship” for “a ship registered in the State”, and

(II) “€2,000” for “one hundred pounds”,

and

(iv) in subsection (7), by substituting “Irish ship” for “ship registered in the State”,

( i) in section 38—

(i) by substituting for paragraph ( a) the following:

“( a) Irish ships, and”,

(ii) by substituting for subsection (3) the following:

“(3) If any of the rules made under this section is not complied with in relation to any ship, the owner or master of the ship commits an offence and is liable—

( a) on summary conviction, to a fine not exceeding €5,000, or

( b) on conviction on indictment, to a fine not exceeding €100,000,

and the ship is deemed for the purposes of Part V of the Principal Act to be unsafe by reason of improper loading.”,

( j) in section 39—

(i) by substituting for subsection (4) the following:

“(4) If any person commits an offence under subsection (1) or (2), the person is liable—

( a) on summary conviction, to a fine not exceeding €5,000, or

( b) on conviction on indictment, to a fine not exceeding €100,000.”,

(ii) by deleting subsection (5), and

(iii) by substituting for subsection (6) the following:

“(6) A surveyor of ships or a person authorised by the Minister in that behalf may for securing the observance of the requirements of this section—

( a) board a ship and inspect any grain found on it, and

( b) (i) ask the master of the ship or any member of the crew such questions or make such requests, and

(ii) inspect such documents,

relating to the grain and its storage.”,

( k) in section 40(2), by substituting “€1,000” for “fifty pounds”,

( l) in section 41(2), by substituting “€5,000” for “one hundred pounds”, and

( m) in section 42(2), by substituting “€1,000” for “twenty pounds”.