38.— (1) It is the duty of the owner and master of an Irish ship to which this Chapter applies—

(a) to ensure that it complies with the nuclear carriage rules, and

(b) to maintain such ship in conformity with the nuclear carriage rules to ensure that the ship in all respects remains fit to operate without danger to the ship or the persons on board.

(2) It is the duty of the owner and master of an Irish ship to which this Chapter applies—

(a) before the carriage of nuclear cargo takes place and before the international certificate of fitness (INF) is issued in its respect for the first time, and

(b) before the ship continues to be engaged in the carriage of nuclear cargo following the expiration of its international certificate of fitness (INF),

to have the ship surveyed by a surveyor of ships or such other person as the Minister may authorise for that purpose, in accordance with the nuclear carriage rules.

(3) It is the duty of the owner and master of an Irish ship to which this Chapter applies to have it surveyed under section 37(2) or section 39(2)(b), where required.

(4) It is the duty of the owner and master of a ship to which this Chapter applies to ensure that an international certificate of fitness (INF) for the time being in force in respect of the ship is available on board for examination at all times.

(5) (a) Without prejudice to section 23 of the Act of 2000, whenever an incident or accident occurs to an Irish ship to which this Chapter applies, or a defect is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances, or other equipment required by the nuclear carriage rules, the master or owner of the ship must, at the earliest opportunity, report the matter to the Chief Surveyor or any other surveyor in the Marine Survey Office, Department of Transport.

(b) In case the ship is in a port of a state to which the Safety Convention applies, other than the State, the owner or master must also report, at the earliest opportunity, to the appropriate authorities of the government of that state.