Merchant Shipping Act 2010


Tendering operations regulations.

52.— (1) The Minister may make regulations (“tendering operations regulations”) for tendering operations prescribing requirements for:

(a) the submission of proposals for a tendering operations safety plan in respect of each proposed tendering operation,

(b) the issue of a permit to tender, and

(c) any consequential, incidental, ancillary and supplementary matters including, with the consent of the Minister for Finance, the charging of fees as the Minister considers necessary or expedient.

(2) Without prejudice to the generality of subsection (1), the Minister may, in making regulations, specify the information which must be submitted in the proposals for a tendering operations safety plan including requirements for the following matters, namely—

(a) identity of the ship or boat and of its operator,

(b) proposed location of the ship or boat at anchor and its distance from shore,

(c) proposed tendering location and periods of operation for the tendering operation,

(d) number of crew and passengers on board the ship or boat,

(e) safety inspection history of the ship or boat,

(f) details of each tender or of each vessel’s tender that it is proposed to use in the tendering operation including details relating to materials of construction, proposed number of crew and passengers, means of propulsion, life-saving equipment and fire fighting equipment and arrangements for the transport of personal effects,

(g) arrangements for the embarkation and disembarkation of passengers and crew or both including arrangements for berthing of the tender or vessel’s tender,

(h) operational conditions (weather, sea) and time of tendering operation,

(i) safety briefing and announcements to passengers,

(j) the keeping of operational records for each tendering operation to record the date and time of the operation, the number of tenders or of vessel’s tenders used, the number of passengers and crew carried, and details of pier used,

(k) in the case of a tender, details of the passenger boat licence or of the passenger ship’s certificate in respect of it,

(l) in the case of a vessel’s tender which is to carry more than 12 passengers, details of annual inspections carried out and the vessel’s tender insurance cover, and

(m) such other matter or matters that the Minister considers appropriate to take into account.

(3) Any fees under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer.