Merchant Shipping Act 2010

19.

Certification and endorsement ( Chapter 1).

19.— (1) ( a) Where after a declaration of survey, made by a surveyor of ships under the chemical tanker rules in respect of an Irish ship to which this Chapter applies, is received by the Minister and if he or she is satisfied that the ship complies with such rules as are relevant to the ship and provided, where relevant—

(i) a safety equipment certificate under section 22(1) of the Act of 1952, a radio certificate under section 23(1) of the Act of 1952 and a cargo ship safety construction certificate under section 4(1) of the Act of 1966, or

(ii) a cargo ship safety certificate under section 13 (1) of this Act,

is in force in respect of the ship, he or she shall issue, in respect of the ship, an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk (“international certificate of fitness (IBC)”), in the form prescribed by the Minister in the chemical tanker rules.

( b) In this subsection “declaration of survey” means a declaration made under section 272 (as applied by section 27(2) of the Act of 1952 and section 3(4) of the Act of 1966) of the Principal Act.

(2) An Irish ship in respect of which an international certificate of fitness (IBC) is in force shall be subject to such further surveys as are provided for under the chemical tanker rules to ensure that the ship continues to comply with the requirements of such rules.

(3) Where following a survey referred to in subsection (2) , the Minister is satisfied that the ship continues to comply with the requirements of the chemical tanker rules, he or she shall endorse the international certificate of fitness (IBC) to that effect.

(4) Subject to subsections (5) and (6), an international certificate of fitness shall be in force for a period not exceeding 5 years or such shorter period as may be specified in it. The certificate may be cancelled where the Minister is satisfied that the ship no longer complies with any of the requirements of the chemical tanker rules applicable to it.

(5) The Minister may extend the period for which an international certificate of fitness (IBC) under this Chapter may be in force, to a period not exceeding 5 years and 5 months as may be prescribed in the chemical tanker rules.

(6) An international certificate of fitness (IBC) ceases to be in force—

( a) if any relevant survey of the ship has not been completed within the periods specified for such survey as prescribed by the chemical tanker rules or as required under section 21(2)(b) ,

( b) if the certificate is not endorsed under subsection (3) ,

( c) upon transfer of the ship to the flag of another state, or

( d) upon any unapproved change to the ship referred to in section 21 (1) .

(7) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to international certificates of fitness (IBC) as they apply to a certificate the issue of which is authorised under that Act.

(8) Section 28(2) of the Act of 1952 applies in relation to international certificates of fitness (IBC) as it applies to a certificate issued under that Act and an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the government of another country, other than the State, to which the Safety Convention applies, under the Safety Convention, in respect of a ship to which this Chapter applies, other than an Irish ship, and accepted as having the same force in the State as an international certificate of fitness (IBC) shall be referred to as an accepted international certificate of fitness (IBC).

(9) ( a) A ship to which this Chapter applies must not proceed or attempt to proceed to sea without an international certificate of fitness (IBC) for the time being in force in respect of it.

( b) A ship which proceeds or attempts to proceed to sea without an international certificate of fitness (IBC) for the time being in force in respect of it in contravention of paragraph (a) shall be regarded as an unsafe ship for the purposes of Chapter 7 .

(10) The reference to an international certificate of fitness (IBC) in subsection (9) and in sections 20(4) and 24(2)(a) and (c) shall, in the case of a ship to which this Chapter applies, other than an Irish ship, be construed as a reference to an accepted international certificate of fitness (IBC).

(11) The Minister may authorise on his or her behalf a person to issue, endorse, cancel or extend an international certificate of fitness (IBC).