Merchant Shipping Act 2010

• (b) that the application and proposals satisfy the requirements for the making of such application,

issue a document (“minimum safe manning document”) in respect of the ship, subject to such conditions as he or she sees fit, in the form prescribed by the Minister under the safe manning regulations.

• (2) The Minister may require an applicant for a minimum safe manning document to amend a proposal for the minimum safe manning level of a ship if, following evaluation of the proposal, he or she is not satisfied that the proposal meets the minimum safe manning requirements referred to in subsection (1).

• (3) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to a minimum safe manning document as they apply to a certificate the issue of which is authorised under that Act.

• (4) Section 28(2) of the Act of 1952 applies in relation to a minimum safe manning document as it applies to a certificate issued under that Act and a minimum safe manning document issued by the government of another country, other than the State, to which the Safety Convention applies, under such 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 a minimum safe manning document shall be referred to as an accepted minimum safe manning document.

• (5) After a minimum safe manning document has issued no change shall be made in the minimum safe manning of the ship without the prior approval of the Minister or such other person as he or she may authorise for that purpose.

• (6) The minimum safe manning document issued to a ship under subsection (1) ceases to be in force if any changes to or in relation to the ship in respect of—

• (a) its area of operation,

• (b) its machinery or equipment, or

• (c) its operation and maintenance,

are made.

• (7) The Minister may cancel a minimum safe manning document in respect of a ship where he or she is satisfied that the requirements for its minimum safe manning are not being consistently complied with, taking account of rest hours requirements applicable to its crew or any other requirements for its minimum safe manning.

• (8) The Minister may authorise on his or her behalf a person to issue or cancel a minimum safe manning document or to require amendment of a proposal in accordance with subsection (2).

• (9) A ship to which this Chapter applies shall not proceed or attempt to proceed to sea without a minimum safe manning document for the time being in force.

• (10) If a ship to which this Chapter applies proceeds or attempts to proceed to sea—

• (a) without a minimum safe manning document for the time being in force in respect of the ship, or

• (b) with manning levels which are not in compliance with its minimum safe manning document,

it shall be regarded an unsafe ship for the purposes of Chapter 7.

61. Duties of owners and masters (Chapter 6).

61.— (1) It is the duty of the owner and master of a ship to which this Chapter applies—

• (a) before the ship is first put into service, or before the ship is put into service in any case after the expiration or cancellation of its minimum safe manning document, to submit or have submitted proposals and an application for a safe manning document in accordance with the requirements and procedures for such application as set out in the safe manning regulations,

• (b) to ensure that the ship is manned to comply with the minimum safe manning requirements, specified in the safe manning document, including any conditions specified, and

• (c) to ensure that the ship operates in compliance with the safe manning regulations.

• (2) In making proposals and application for a minimum safe manning document, the owner of an Irish ship to which this Chapter applies, shall, without prejudice to any other requirements prescribed in the safe manning regulations—

• (a) make an assessment of the tasks, duties and responsibilities of the ship’s minimum manning level required for its safe operation, for its security, for protection of the marine environment, and for dealing with emergency situations,

• (b) make an assessment of the numbers and grades or capacities or both in the ship’s minimum manning complement required for its safe operation, for its security, for protection of the marine environment, and for dealing with emergency situations,

• (c) prepare and submit the proposal for the minimum safe manning level based upon the assessments at paragraphs (a) and (b) justifying the proposal by explaining how the proposed ship’s minimum manning level will deal with emergency situations, including the evacuation of passengers, where necessary, and

• (d) ensure that the minimum safe manning level is adequate at all times, and in all respects, including the meeting of peak workload situations, conditions and requirements and is in accordance with the requirements, principles and guidelines prescribed in the safe manning regulations.

62. Powers of surveyors (Chapter 6).

62.— (1) A surveyor of ships may board and inspect any ship for the purpose of seeing that it complies with the provisions of this Chapter and the safe manning regulations.

• (2) If a surveyor of ships finds that a ship fails to comply with any provisions of this Chapter or the safe manning regulations he or she shall give a notice in writing to the owner or master stating in what respect the ship fails to comply with them.

• (3) A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice given under subsection (2) has been complied with.

• (4) A surveyor of ships may for the purposes of an inspection under this section make such tests (either on the ship or boat, ashore or at dock), ask such questions, inspect such documents or records and have access to such parts of the ship as he or she considers appropriate for that purpose.

63. Offences (Chapter 6).

63.— (1) If any provision of a minimum safe manning document or a provision of any safe manning regulations is not complied with, then the owner (if in fault) or the master (if in fault) 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.

• (2) If the owner or master of a ship which for the purposes of section 60 (10) is regarded as an unsafe ship or in contravention of a notice of detention under section 66 proceeds, or attempts to proceed to sea with the ship then the owner (if in fault) or the master (if in fault) 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.

Chapter 7 Unsafe ships

64. Application (Chapter 7).

64.— This Chapter applies to—

• (a) Irish ships to which this Part applies, and to any other ship to which this Part applies, while they are within any port in the State, unless it would not have been in any such port but for stress of weather or any other circumstances that neither the master nor the owner of the ship could have prevented or forestalled, and

• (b) boats to which Chapter 5 applies.

65. Detention.

65.— Where a ship or boat being in a port in the State is regarded as an unsafe ship or boat under section 19(9)(b), 28(9)(b), 37(6)(b), 45(4)(c), 53(3) or 60(10) a surveyor of ships may detain the ship to be detained in the port in which it is berthed until the relevant certificate, permit or document is issued.

66. Notice of detention.

66.— (1) Where a surveyor of ships detains a ship or boat under section 65 he or she shall give a notice of detention to the owner or master of the ship or boat stating in what respect the ship or boat is an unsafe ship and the defects to be remedied to the satisfaction of a surveyor.

• (2) Where a surveyor of ships is satisfied that the defects referred to in a notice of detention have been satisfactorily remedied he or she shall withdraw the notice.

PART 4 Access for Persons with Reduced Mobility to Passenger Vessels

67. Definitions (Part 4).

67.— In this Part—

“Act of 1998” means Merchant Shipping (Miscellaneous Provisions) Act 1998;

“authorised person” means—

• (a) a surveyor of ships, or

• (b) a person or class of persons appointed under section 71(2) for the purposes of this Part;

“code of practice” means a code of practice prepared and published or approved under section 69;

“Department” means Department of Transport;

“reduced mobility regulations” means regulations made under section 68;

“DSC construction and equipment certificate” means a certificate issued under Regulation 11(3)(a) of the Regulations of 2004;

“DSC permit to operate high speed craft” means a permit issued under Regulation 11(3)(b) of the Regulations of 2004;

“high speed craft safety certificate” means a certificate issued by the Minister under Regulation 11(1)(a) of the Regulations of 2004;

“master” has the meaning assigned to it by section 2(1) of the Act of 1992;

“owner” has the meaning assigned to it by section 2(1) of the Act of 1992;

“passenger” has the meaning assigned to it by section 2(1) of the Act of 1992;

“passenger boat” has the meaning assigned to it by section 2(1) (as amended by section 4(a) of the Act of 1998 and section 44(1)(b) of the Act of 2000) of the Act of 1992;

“passenger boat licence” means a passenger boat licence granted under section 15 of the Act of 1992;

“passenger ship” has the meaning assigned to it by section 2(1) (as amended by section 4(a) of the Act of 1998 and section 44(1)(c) of the Act of 2000) of the Act of 1992;

“passenger ship’s certificate” means a certificate issued under section 8(1) of the Act of 1992;

“passenger ship safety certificate” means a certificate issued under section 8(1) of the Act of 1992 as applied by Regulation 10(2)(a) of the Regulations of 2004;

“passenger vessel” means a passenger ship or passenger boat;

“permit to operate high speed craft” means a permit issued under Regulation 11(1)(b) of the Regulations of 2004;

“person with reduced mobility” means any person whose mobility when using transport is reduced or impaired as a result of any physical disability (sensory or locomotive) intellectual disability, age or as a result of pregnancy or being accompanied by small children;

“prescribed” means prescribed by regulations made by the Minister;

“Regulations of 2004” means European Communities (Passenger Ships) Regulations 2004 (S.I. No. 716 of 2004).

68. Regulations.

68.— (1) The Minister may make regulations (“reduced mobility regulations”) for the purpose of making passenger vessels accessible to persons with reduced mobility. In making any such regulations the Minister shall have regard to any representations made in accordance with subsection (13) including those relating to the costs of different requirements and standards and any information provided with regard to the financial resources generally of owners of vessels of a class to which the regulations apply in complying with the regulations.

• (2) Without prejudice to the generality of subsection (1), reduced mobility regulations may set down requirements or standards or both in relation to:

• (a) pre-journey information;

• (b) on-board accommodation and facilities;

• (c) lifts, ramps, steps and stairs;

• (d) information and announcements on board, including those required in emergency situations;

• (e) safety announcements and signage;

• (f) management and training of personnel;

• (g) interface with facilities on shore;

• (h) information to be furnished to the Minister;

• (i) carrying out of accessibility audits.

• (3) Reduced mobility regulations may provide for the inspection of passenger vessels.

• (4) Reduced mobility regulations may provide for powers of authorised persons in addition to those under section 71.

• (5) Reduced mobility regulations may make provision for consequential, incidental, ancillary and supplementary matters (including the enforcement of the regulations and, with the consent of the Minister for Finance, the charging of fees) as the Minister considers necessary or expedient. Fees under this subsection shall be paid into or disposed of for the benefit of the Exchequer.

• (6) In making reduced mobility regulations the Minister may categorise passenger vessels into different classes having regard to one or more of the following, where appropriate:

• (a) the age and date of construction of such vessels;

• (b) the size, shape, speed or configuration of such vessels;

• (c) the service for which such vessels are to be employed;

• (d) the nature and duration of voyages to be undertaken;

• (e) the number of passengers or other persons, or both, that such vessels are designed to carry on board;

• (f) such other matter or matters that the Minister considers appropriate to take into account in the circumstances.

• (7) Reduced mobility regulations may apply either generally or to a specified class or classes of passenger vessel and different provision may be made for different classes of passenger vessel.

• (8) Reduced mobility regulations may set different and separate requirements and standards in relation to different classes of passenger vessel for different circumstances and for different areas of operation.

• (9) Reduced mobility regulations may apply to owners of passenger vessels, masters, crew or other persons with responsibility for services provided by a passenger vessel.

• (10) Reduced mobility regulations made may incorporate, adopt, apply or make prescriptions by reference to, with or without modification, any code of practice.

• (11) The power to make reduced mobility regulations includes the power to make provision by regulations to give effect to any provision of the treaties of the European Communities or any act adopted by an institution of the European Communities which regulates any of the matters set out in this section.

• (12) The Minister may exempt from all or any of the provisions of reduced mobility regulations, on such terms and conditions as he or she sees fit, any passenger vessel or any class or classes of passenger vessel, having regard to the nature of the vessel and the use to which it is put.

• (13) Before making reduced mobility regulations, the Minister—

• (a) shall publish on the Department’s website and in such other manner as he or she considers appropriate a draft of the proposed regulations and shall give interested persons one month from the date of publication of the draft within which to make written representations to the Minister in relation to it, or for such further period, not exceeding 2 months the Minister in his or her absolute discretion thinks fit, and

• (b) having considered any representations, may make the regulations with or without amendment.

• (14) Where the Minister is satisfied that reduced mobility regulations are not being complied with, the Minister may refuse to grant or may suspend—

• (a) a passenger ship certificate,

• (b) a passenger ship safety certificate,

• (c) a high speed craft safety certificate,

• (d) a permit to operate high speed craft,

• (e) a DSC construction and equipment certificate,

• (f) a DSC permit to operate high speed craft, or

• (g) a passenger boat licence,

issued by the Minister in respect of a passenger vessel, until the regulations are complied with.

• (15) If, in respect of a passenger vessel, there is a contravention of any reduced mobility regulation, the owner or master of the vessel each commits an offence and each is liable on summary conviction to a fine not exceeding €5,000.

69. Codes of practice.

69.— (1) For the purpose of giving practical guidance to the owners, masters, crew or other persons with responsibility for services provided by a passenger vessel with respect to—

• (a) making passenger vessels accessible for persons with reduced mobility,

• (b) the implementation of the Department’s sectoral plan under the Disability Act 2005, or

• (c) the requirements or prohibitions under reduced mobility regulations,

the Minister may, following consultations with such persons as he or she considers relevant—

• (i) prepare and publish codes of practice, and

• (ii) approve of a code of practice or any part of a code of practice published by another person.

• (2) Before publishing or approving a code of practice or any part of a code of practice, the Minister—

• (a) shall publish on the Department’s website the draft code or sections of the draft code and shall send them to the clerk of the Committee of one or both Houses of the Oireachtas established under the Standing Orders of the House or Houses and to report to it or them on merchant shipping, and shall give persons one month from the date of publication of the draft code or sections of the draft code within which to make written representations to the Minister in relation to the draft code or sections of the draft code, or for such further period, not exceeding 2 months, as the Minister in his or her absolute discretion thinks fit,

• (b) may, following consultation and, where relevant, having considered the representations, if any, publish the draft code or the sections of the draft code with or without modification as the Minister in his or her absolute discretion thinks fit, and

• (c) where he or she publishes or approves of a code of practice or approves of any part of a code of practice, he or she shall publish a notice of such publication or approval in the Iris Oifigiúil and that notice shall—

• (i) identify the code,

• (ii) specify the matters concerned or the relevant statutory provisions in respect of which the code is published or approved of, and

• (iii) specify the date on which the code comes into operation.

• (3) The Minister may, following consultation with any person he or she considers relevant—

• (a) amend or revoke any code of practice or part of any code of practice prepared and published by him or her under this section, or

• (b) withdraw his or her approval of any code of practice or part of any code of practice approved by him or her under this section.

• (4) Where the Minister amends or revokes, or withdraws his or her approval of a code of practice or any part of a code of practice published or approved under this section, he or she shall publish notice of the amendment, revocation or withdrawal, as the case may be, in the Iris Oifigiúil.

• (5) The Minister shall make available for public inspection, without charge, on the Department’s website on the internet and at the principal maritime office of the Department, during normal working hours—

• (a) a copy of each code of practice, and

• (b) where a code of practice has been amended, a copy of the code as so amended.

• (6) It is the duty of a passenger vessel’s owner, master, crew or other persons with responsibility for services provided by the vessel to be aware of and follow any code of practice published or approved.

70. Use of codes of practice in criminal proceedings.

70.— (1) Where in proceedings for an offence under section 68(15) relating to any alleged contravention of any requirement or prohibition imposed under reduced mobility regulations, being a provision for which there is a code of practice published at the time of the alleged contravention, subsection (2) has effect with respect to that code of practice in relation to those proceedings.

• (2)
• (a) Where a code of practice referred to in subsection (1) appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened, the code of practice is admissible in evidence.

• (b) Where it is proved that any act or omission of the defendant alleged to constitute the contravention—

• (i) is a failure to observe a code of practice referred to in subsection (1), or

• (ii) is a compliance with that code of practice,

then such failure or compliance is admissible in evidence.

• (3) A copy of a code of practice, which has endorsed on it a certificate purporting to be signed by an officer of the Department (authorised in that behalf by the Secretary General) stating that the copy is a true copy of the code may, without proof of signature of that officer, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the code.

71. Authorised persons.

71.— (1) A surveyor of ships is an authorised person for the purposes of this Part.

• (2) The Minister may appoint in writing other persons or persons of such classes as he or she sees fit to be authorised persons for the purposes or specified purposes of this Part.

• (3) The Minister may revoke an appointment under subsection (2).

• (4) An authorised person may be assisted in the exercise of his or her functions under this Part by such persons as he or she considers necessary.

• (5) An authorised person appointed under subsection (2) shall be furnished with a warrant of his or her appointment as an authorised person and when exercising any power conferred on an authorised person under this Part shall, if requested by a person affected, produce the warrant or a copy of it to that person for inspection.

72. Powers of authorised persons.

72.— (1) An authorised person may for the purpose of ensuring that reduced mobility regulations are being complied with—

• (a) board any passenger vessel or enter any premises or place where any activity connected with the provision of services provided by a passenger vessel takes place,

• (b) inspect and examine the vessel, premises or place,

• (c) inspect and take copies of, or extracts of, records or documents, and

• (d) request any member of crew of the vessel or employee of the premises or place to furnish him or her with such information and to produce to him or her such records and documents in his or her possession or within his or her procurement, as the authorised person may reasonably require for the purpose of ensuring such compliance.

• (2) An authorised person may take photographs or make any record or visual recording of any activity on the vessel or the premises or place.

• (3) A person who obstructs or interferes with an authorised person in the exercise of his or her functions under this section or reduced mobility regulations, or who fails or refuses to comply with a request of an authorised person under this section or reduced mobility regulations, commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

73. Fixed payment notice (Part 4).

73.— (1) Where an authorised person has reasonable grounds for believing that a person is committing or has committed an offence under section 68(15) in relation to a contravention of a reduced mobility regulation, he or she may serve that person with a notice in the prescribed form or in a form to the like effect stating:

• (a) that the person is alleged to have committed the offence in respect of the contravention;

• (b) that the person may, during the period of 21 days beginning on the date of the notice, make to the Minister at the address specified in the notice a payment of €500 or such other amount prescribed under subsection (4), accompanied by the notice;

• (c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (2) Where notice is given under subsection (1):

• (a) a person to whom the notice applies, may during the period specified in the notice, make to the Minister at the address specified in the notice the payment specified in the notice, accompanied by the notice;

• (b) the Minister may receive the payment, issue a receipt for it and retain the money so paid for disposal in such manner as may be prescribed and no payment so received shall in any circumstances be recoverable by the person who made it;

• (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice and, if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (3) In a prosecution for an offence referred to in subsection (1), the onus of showing that a payment pursuant to a notice under this section has been made shall lie on the defendant.

• (4) The Minister may prescribe another amount, or different amounts in respect of different contraventions or different classes of passenger vessels, in lieu of the amount specified in subsection (1) (b).

PART 5 Raising of Sunken Vessels

74. Definitions (Part 5).

74.— In this Part—

“Act of 1993” means Merchant Shipping (Salvage and Wreck) Act 1993;

“Board” means Marine Casualty Investigation Board;

“investigator” means a person appointed under section 26(2) of the Act of 2000;

“relevant party” means an investigator, a tribunal or the Minister, as the case may be, who is causing a vessel to be raised;

“marine casualty” has the meaning assigned to it by section 2 of the Act of 2000;

“tribunal” means a person or persons appointed under section 38(2)(a) of the Act of 2000 to hold an inquiry;

“vessel” has the meaning assigned to it in section 2 of the Act of 2000, and includes—

• (a) a vessel which is sunk, partially sunk, wrecked, grounded, stranded or abandoned,

• (b) any part of such a vessel, and

• (c) any article, thing or collection of things being or forming part of the tackle, equipment, cargo, stores, bunkers, oils or ballast of a wrecked vessel.

75. Power to raise sunken vessel.

75.— (1) Where—

• (a) an investigator considers it necessary for the purposes of an investigation into a marine casualty in accordance with Part 3 of the Act of 2000,

• (b) a tribunal considers it necessary for the purposes of an inquiry under section 38 of the Act of 2000, or

• (c) the Minister considers it necessary for the purposes set out in subsection (2),

the investigator, the tribunal or the Minister, as the case may be (“the relevant party”) may cause any sunken vessel which has been involved in the marine casualty to be raised and brought ashore for the purposes of examining it, and may make any necessary arrangements for the inspection, storage and, if necessary, disposal in due course of the vessel.

• (2) Subject to subsection (3), the Minister may cause a vessel to be raised under subsection (1) where he or she considers it necessary for—

• (a) ensuring the safety of vessels or their crews,

• (b) formulating, promoting or improving specified standards of seaworthiness, construction or maintenance of vessels, or determining specified life-saving, fire-fighting, radio installations, navigation and tracking systems and equipment to be carried on board vessels or used by their crews,

• (c) determining the adequacy of existing standards or specifications in relation to the above matters or the extent to which such standards are being complied with, or

• (d) a possible prosecution under the Merchant Shipping Acts,

and where in the view of the Minister there is no other reasonable and practical alternative source of information available to him or her.

• (3) Any decision by the Minister under subsection (2) is subject to—

• (a) prior consultation with the Board and, if a tribunal has been established by the Minister to inquire into the particular marine casualty, with the tribunal, and

• (b) confirmation by the Board and the tribunal that neither proposes to raise the vessel in question as part of any investigation.

• (4) Where the relevant party proposes to raise such a vessel, that party shall notify the owner of the vessel of such intention, of the date which it is proposed to raise the vessel, and in due course of the location where the raised vessel will be kept.

76. Disposal of a raised vessel.

76.— When a vessel raised under this Part is no longer required for the purposes referred to in section 75 for which it was raised—

• (a) the relevant party shall notify the owner of the vessel of the location of the vessel and allow a period of 28 days in which the owner may reclaim and collect the vessel, and

• (b) where the owner does not wish to reclaim and collect the vessel, or in the absence of a response within the specified time period, the relevant party may dispose of the vessel by sale or otherwise.

77. Costs.

77.— (1) Any costs relating to the raising of a vessel under this Part, its transport, storage, disposal or sale shall be borne by the relevant party.

• (2) The proceeds of any sale under section 76 shall be set against any costs incurred by the relevant party as outlined in subsection (1) and the net proceeds, if any, shall be paid to the owner of the vessel.

78. Immunities from claims.

78.— (1) The Board, an investigator, and the Minister are immune from claims for damages in respect of any thing done in good faith and in the course of the raising, removal, inspection, storage or disposal of a vessel under this Part.

• (2) A tribunal is immune from claims for damages in respect of any thing done in good faith and in the course of the raising, removal, inspection, storage or disposal of a vessel under this Part.

79. Obstruction.

79.— (1) A person who obstructs or impedes a relevant party in the raising of a vessel under this Part (including actions taken to raise the vessel) commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

• (2) The Minister may prosecute summarily an offence under this section.

80. Notification to receiver of wreck.

80.— (1) A relevant party who has taken possession of a vessel raised under this Part shall give notice to the receiver of wreck for the district concerned in which the vessel is brought ashore stating that it has been found, taken possession of and brought ashore and describing the marks that distinguish it.

• (2) Section 44 of the Act of 1993 does not apply to a vessel raised under this Part.

• (3) In this section—

“district” has the meaning assigned to it by section 41(1) of the Act of 1993;

“receiver of wreck” means a person appointed as a receiver of wreck under section 41 of the Act of 1993.

81. Foreign vessels raised under Part 5.

81.— (1) Where a vessel raised under this Part is not an Irish ship, a diplomatic agent of the state or any consular officer of that state authorised in that behalf by any treaty arrangement with that state, in which—

• (a) the vessel was registered when it sank, or

• (b) the owners of the vessel resided,

shall, in the absence of the owners and of the master or other agent of the owners, be deemed to be the agent of the owners, as far as relates to the custody and disposal of the vessel.

• (2) In this section “consular officer” and “diplomatic agent” have the meanings assigned to them, respectively, by section 46(3) of the Act of 1993.

PART 6 Safety Measures

82. Rules for life-saving appliances and arrangements.

82.— (1) The Minister may, in relation to any ships to which this section applies, make rules (“rules for life-saving appliances”) prescribing the requirements for life-saving appliances and arrangements for those ships.

• (2) F8[Rules for life-saving appliances may provide] for all or any of the following matters:

• (a) the number, description and mode of construction of the survival craft, boats, life-rafts, line-throwing appliances, life-jackets and lifebuoys and other life-saving appliances to be carried by ships according to the classes in which the ships are arranged,

• (b) the equipment to be carried by any such survival craft, boats and rafts and the methods to be provided to get into the water the survival crafts, boats and other life-saving appliances,

• (c) the provision in ships of a proper supply of lights inextinguishable in water, and fitted for attachment to lifebuoys,

• (d) the quantity, quality and description of buoyant apparatus to be carried on board ships, either in addition to or in substitution for survival craft, boats, life-rafts, life-jackets and lifebuoys,

• (e) the position and means of securing the survival craft, boats, life-rafts, life-jackets and lifebuoys,

• (f) the marking of the boats, survival craft, life-rafts and buoyant apparatus so as to show their dimensions and the number of persons authorised to be carried on them,

• (g) the manning of the lifeboats and the qualifications and certificates of lifeboat personnel,

• (h) the provision to be made for mustering the persons on board, and for embarking them in the boats (including provision for the lighting of, and the means of egress to and ingress from, different parts of the ship),

• (i) the provision of suitable means situated outside the engine-room whereby any discharge of water into the boats can be prevented,

• (j) the assignment of specific duties to each member of the crew in the event of emergency,

• (k) the practice in ships of boat-drills and fire-drills,

• (l) the provision in ships of means of making effective distress signals by day and by night,

• (m) the provision in ships engaged in voyages in which pilots are likely to be embarked, of suitable pilot ladders or hoists and of ropes, lights and other appliances designed to make the use of such ladders or hoists safe,

• (n) the examination and maintenance at intervals to be prescribed by the rules of any appliances or equipment required by the rules to be carried,

• (o) the methods to be adopted and the appliances to be carried in ships for the prevention, detection and extinction of F8[fire,]

• (p) the provision in ships of plans or other information relating to the means of preventing, detecting, controlling and extinguishing outbreaks of F8[fire,]

• F9[(q) the survey of vessels for compliance with rules for life-saving appliances including the extent, manner and intervals of such surveys, and

• (r) the inspection of vessels to ensure continued compliance with rules for life-saving appliances.]

• (3) In making rules for life-saving appliances the Minister may categorise ships into different classes, where appropriate, having regard to one or more of the following:

• (a) the service for which such ships are to be employed;

• (b) the nature and duration of voyages to be undertaken;

• (c) the number of passengers, ships crew or other persons, or all of them, that such ships are designed to carry on board;

• (d) such other matter or matters that the Minister considers appropriate to take into account in the circumstances.

• (4) Different rules for life-saving appliances may be made in respect of different classes of ships and in relation to different classes of ships for different circumstances and different areas of operation.

• (5) This section applies to Irish ships and to any other ship while it is within any port in the State, unless it would not have been in any such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.

• (6) Rules for life-saving appliances shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention relating to life-saving appliances and arrangements.

• (7) It is the duty of the owner and master of every ship to which this section applies to see that the ship is provided, in accordance with rules for life-saving appliances, with such of those appliances as, having regard to the nature of the service on which the ship is employed, and the avoidance of undue encumbrance of the ship’s deck, are best adapted for securing the safety of the ship’s crew and passengers.

• (8) In the case of any ship to which this section applies—

• (a) if the ship is required by the rules for life-saving appliances to be provided with such appliances and proceeds on any voyage or excursion without being so provided in accordance with the rules applicable to the ship,

• (b) if any of the appliances with which the ship is so provided are lost or rendered unfit for service in the course of the voyage or excursion through the wilful fault or negligence of the owner or master,

• (c) if the master wilfully neglects to replace or repair on the first opportunity any such appliances lost or injured in the course of the voyage or excursion,

• (d) if such appliances are not kept so as to be at all times fit and ready for use, or

• (e) if any provision of rules for life-saving appliances is not complied with,

then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

• (9)
• (a) A surveyor of ships may F10[board, survey and inspect] any ship for the purpose of seeing that the rules for life-saving appliances have been complied with in every case.

• (b) If the surveyor finds that the rules for life-saving appliances have not been complied with, he or she shall give written notice to the owner or master stating in what respect the rules have not been complied with.

• (c) A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice under this subsection has been complied with.

• (d) A surveyor of ships may for the purposes of F10[a survey or inspection] make such tests (either on the ship or ashore or at dock), ask such questions, inspect such documents or records and have access to such appliances as he or she considers appropriate for that purpose.

• (e) If a ship, in respect of which a notice has been given to its owner or master under this subsection which requires compliance with the rules in accordance with the notice before the ship proceeds to sea, proceeds or attempts to proceed to sea without such compliance as required in the notice, then the master or owner (as the case may be) 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.

• (10) The following are repealed—

• (a) sections 427 to 431 of the Principal Act, and

• (b) sections 11, 12 and 13 of the Act of 1952,

• (c) section 10 of the Act of 1966,

• (d) section 6 of the Merchant Shipping Act 1981.

83. Approval of service stations.

83.— (1) The Minister may make regulations to provide for the inspection and approval of service stations for inflatable life-saving appliances and launching and embarkation appliances and for the setting and enforcement of service standards for servicing such appliances.

• (2) Regulations under this section shall include such requirements as appear to the Minister to be necessary to implement the Safety Convention in this regard.

• (3) In making regulations under this section the Minister, with the consent of the Minister for Finance, may prescribe the fees to be charged for the inspection of service stations and the issuing of certificates of approval under regulations made under this section. Fees under this subsection shall be paid into or disposed of for the benefit of the Exchequer.

• (4) A surveyor of ships may inspect a service station and any inflatable life-saving appliances found in it to ensure that any requirements under regulations made or a notice given, under this section are complied with.

• (5) If the surveyor of ships finds that requirements under regulations under this section are not being complied with he or she shall give to the person in charge of the station a notice stating in what respect the regulations have not been complied with.

• (6) A person who operates a service station in contravention of this section or fails to comply with a notice under this section commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

84. Fire protection rules.

84.— F11[(1) The Minister may make rules ("fire protection rules") prescribing requirements for—

• (a) fire protection in respect of the hull, superstructure, deck, equipment and machinery, arrangement, escapes and detection and extinction equipment,

• (b) the survey of vessels for compliance with fire protection rules, including the extent, manner and intervals of such surveys, and

• (c) the inspection of vessels to ensure continued compliance with fire protection rules.]

• (2) This section applies to Irish ships and to any other ship while it is within any port in the State, unless it would not have been in any such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.

• (3) In making fire protection rules the Minister may categorise ships into different classes having regard to one or more of the following, where appropriate:

• (a) the size, shape, speed or configuration of such ships;

• (b) the service for which such ships are to be employed;

• (c) the nature and duration of voyages to be undertaken;

• (d) the number of passengers or other persons, or both, that such ships are designed to carry on board;

• (e) the type and amount of cargo that such ships are designed to carry on board;

• (f) the age and date of construction of such ships;

• (g) such other matter or matters that the Minister considers appropriate to take into account in the circumstances.

• (4) Different rules may be made in respect of different classes of ships for different circumstances and for different areas of operation.

• (5) Fire protection rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention prescribing the requirements that the hull, superstructure, equipment, arrangement, escapes, fire protection, fire detection and fire extinction equipment and machinery used in ships shall comply with, except so far as those provisions are implemented by rules for construction, life-saving appliances, radio rules, navigation and tracking rules, bulk carrier rules or collision regulations.

• (6) Fire protection rules in relation to a ship to which this section applies—

• (a) may require the provision of—

• (i) plans exhibited as provided by or under the rules, and of other information, relating to the boundaries of compartments, the openings in them, the means of closing such openings and the arrangements for protection of such spaces,

• (ii) information necessary for the guidance of the master in maintaining sufficient stability to enable the ship to withstand damage,

• (iii) means of escape and of notifications to the crew and other persons on board,

• (iv) means for the prevention of fire and explosion including specifying the arrangements and materials to be used in the ship,

• (v) means of suppression of fires including detection systems and equipment, methods for controlling the spread of smoke, for the containment of fire, for fire fighting,

• (vi) means to provide for structural integrity of the ship, or

• (vii) helicopter facilities on board,

and

• (b) may provide for—

• (i) operational readiness and maintenance of the ship, including instructions or on-board training and drills,

• (ii) the manner of carrying dangerous cargoes on board, or

• (iii) the protection of vehicle decks on the ship.

• (7) The powers conferred on the Minister by this section are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this section applies must comply with.

• (8) It is the duty of the owner and master of every ship to which this section applies to ensure that all requirements set out in the relevant fire protection rules are complied with.

• (9) In the case of any ship to which this section applies—

• (a) if the ship is required by the rules for fire protection rules to be provided with such appliances and proceeds on any voyage or excursion without being so provided in accordance with the rules applicable to the ship,

• (b) if any of the appliances with which the ship is so provided are lost or rendered unfit for service in the course of the voyage or excursion through the wilful fault or negligence of the owner or master,

• (c) if the master wilfully neglects to replace or repair on the first opportunity any such appliances lost or injured in the course of the voyage or excursion,

• (d) if such appliances are not kept so as to be at all times fit and ready for use,

• (e) if the master wilfully neglects to provide any plan or other information relating to the means of preventing, detecting, controlling and extinguishing outbreaks of fire as may be required by fire protection rules, or

• (f) if any provision of fire protection rules is not complied with,

then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

• (10) A surveyor of ships may F11[board, survey and inspect] any ship for the purpose of seeing that the fire protection rules have been complied with in every case. If the surveyor finds that the fire protection rules have not been complied with, he or she shall give a notice in writing to the owner or master stating in what respect the rules have not been complied with.

• (11) A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice under subsection (10) has been complied with.

• (12) A surveyor of ships may for the purposes of F11[a survey or inspection] make such tests (either on the ship or ashore or at dock), ask such questions, inspect such documents or records and have access to such appliances as he or she considers appropriate for that purpose.

• (13) If a ship, in respect of which a notice has been given to its owner or master under subsection (10) which requires compliance with the rules in accordance with the notice before the ship proceeds to sea, proceeds or attempts to proceed to sea without such compliance as required in the notice, then the master or owner (as the case may be) 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.

85. Entry into log-book of boat-drill, etc.

85.— (1) The master of every Irish ship shall cause to be entered in the ship’s official log-book a statement, or if there is no official log-book, cause other record to be kept, of every occasion on which boat-drill or fire-drill is practised on board the ship or on which the appliances and equipment required by rules for life-saving appliances or fire protection rules to be carried are examined to see whether they are fit and ready for use and of the result of any such examination.

• (2) If in the case of any ship boat-drill or fire-drill is not practiced as required, or appliances and equipment are not examined in any such period as is prescribed by rules referred to in subsection (1), the master shall cause a statement to be entered in the official log-book or other record to be kept of the reasons why the drill was not practised or the appliances and equipment were not examined in such period as may be prescribed by those rules.

• (3) The master shall, if and when required by a surveyor of ships, produce for inspection any record kept by him or her for the purposes of this section.

• (4) If the master of a ship fails to comply with any requirement of this section he or she commits an offence and is liable on summary conviction to a fine not exceeding €500.

• (5) The following are repealed:

• (a) section 9 of the Merchant Shipping Act 1906, and

• (b) section 14 of the Act of 1952.

86. Prohibition on proceeding to sea on international voyage without approved signalling lamp or device.

86.— (1) A ship of over 150 tons gross tonnage which is an Irish ship shall not proceed to sea on an international voyage unless the ship is provided with a signalling lamp or device of a type approved of by the Minister.

• (2) If any ship proceeds, or attempts to proceed, to sea in contravention of this section, the owner or master of the ship commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

• (3) Section 18 of the Act of 1966 is repealed.

PART 7 Maritime Labour Convention 2006

87. Maritime Labour Convention 2006.

87.— F12[(1) In this section "Convention" means the Maritime Labour Convention 2006 adopted at Geneva on 23 February 2006 and any amendments made to it up to and including those adopted by the 110th session of the International Labour Conference in Geneva on 6 June 2022 and which have entered into force in respect of the State pursuant to Article XV of the Convention prior to the enactment of the Merchant Shipping (Investigation of Marine Accidents) Act 2025.]

• (2)
• (a) The Regulations, and the Standards of the Code, of the Convention have the force of law in the State and judicial notice shall be taken of them.

• (b) A copy of the Convention or the Regulations, or the Standards of the Code, of the Convention purporting to be published by the International Labour Organisation may be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the Convention, the Regulations, or Code of the Convention, as the case may be.

• (3) The Minister may, following consultation with any other Minister of the Government who in the opinion of the Minister is concerned, make regulations to fulfil the State’s commitments under the Convention in accordance with its terms and to give full force to the Regulations, and the Standards of the Code, of the Convention with respect to ships (within the meaning of Article II(1)(i) of the Convention) which are Irish ships and seafarers sailing on those ships. In making such regulations the Minister shall give due consideration to the relevant guidelines of the Code of the Convention.

• (4) Without prejudice to the generality of subsection (3), regulations made under this section shall—

• (a) establish a system for ensuring compliance with the Convention, including surveys, certification, inspections, reporting and monitoring, and

• (b) ensure that ships referred to in subsection (3) carry maritime labour certificates and a declaration of maritime labour compliance as required by the Convention.

• (5)
• (a) An authorised person may inspect any ship, for the purpose of seeing that it is properly certified and is compliant with the Convention.

• (b) If an authorised person in making an inspection under this subsection finds that the ship is not in compliance with the Convention, he or she shall give to the owner or master notice in writing pointing out the violation.

• (c) An authorised person may board and inspect any ship to see that a notice under this section has been complied with.

• (d) An authorised person may make such tests (either on the ship or ashore or at dock), ask such questions and inspect such documents as he or she considers appropriate for the purposes of this subsection.

• (e) The Minister may appoint in writing other persons or persons of such classes as he or she sees fit to be authorised persons for the purposes of or a specified purpose of this subsection.

• (f) An authorised person appointed under paragraph (e) shall be furnished with a warrant of his or her appointment as an authorised person and when exercising any power conferred on an authorised person under this Part shall, if requested by a person affected, produce the warrant or a copy of it to that person for inspection.

• (g) An authorised person may be assisted in the exercise of his or her functions under this subsection by such persons as he or she considers necessary.

• (6) Regulations under this section may, with the consent of the Minister for Finance, prescribe the fees (if any) for the granting of or to accompany an application for the granting of maritime labour certificates or declarations of maritime labour compliance or matters relating to surveys, certification, inspections, reporting or monitoring as required by the Convention. Fees under this subsection shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

• (7) Regulations made under this section shall prohibit violations of the requirements of the Convention and shall—

• (a) provide for offences for such violations, or

• (b) require the adoption of corrective measures (including prohibitions on operating ships),

or do both.

• (8) A person who commits an offence under regulations made under this section is liable on summary conviction to a fine not exceeding €5,000 or to such lesser amount as specified in the regulations in respect of the offence.

• (9) Where a person fails to comply with regulations made under this section or take any corrective measures adopted under those regulations, the Minister may make an application to a court of competent jurisdiction, or to the High Court in any case, for an order requiring compliance with the regulations or the taking of the corrective measures. The Court may make such order in this regard as it sees fit.

• (10) In relation to discrimination on the age or disability ground nothing in the Employment Equality Act 1998 renders unlawful any act done in compliance with this section or any regulation made under this section.

• (11) In this section “authorised person” means—

• (a) a surveyor of ships, or

• (b) a person appointed under subsection (5)(e).

• (12) This section comes into operation on such day as the Minister may appoint by order.

PART 8 Miscellaneous

88. Prohibition on obstruction of surveyor of ships.

88.— A person who obstructs or impedes or, without reasonable excuse, fails to comply with a request of a surveyor of ships in exercising a power conferred on the surveyor under section 15 or 18 of the Act of 1952, section 8 of the Act of 1966 or section 14, 23, 32, 40, 48, 55, 62, 82 or 84 or authorised person under section 87 commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

89. Application to Circuit Court — compliance order and appeals.

89.— (1) A surveyor of ships may, where a notice is not being complied with—

• (a) under section 15(13) or 18(9) of the Act of 1952, section 8(2) of the Act of 1966 or section 14(10), 23(2), 32(2), 40(2), 48(2), 82(9)(b), 84(10) or 87(5)(b) in respect of a ship or vessel, make an application to the judge of the Circuit Court in whose Circuit the port in which the ship or vessel is or was berthed or docked at the time of making the application is located, or

• (b) under section 83(5), in respect of a service station, make an application to the judge of the Circuit Court in whose circuit the service station is situated,

for an order to comply with the notice.

• (2) The judge, on hearing an application under subsection (1), may make such order as he or she considers appropriate (including, where the application relates to a ship or vessel, the detention of the ship or vessel until the notice is complied with) or dismiss the application.

• (3)
• (a) The owner or master of a ship who has been given a notice under any provision referred to in subsection (1)(a), may appeal the requirements or any of them contained in the notice to the judge of the Circuit Court in whose Circuit the port in which the ship or vessel is berthed or docked is located.

• (b) The person who operates a service station who has been given a notice under section 83(5) may appeal the requirements or any of them contained in the notice to the judge of the Circuit Court in whose Circuit the service station is situated.

• (c) The lodging of an appeal does not cause the notice to be suspended.

• (d) The appeal shall be made within 7 working days of being given the notice, unless the Court considers that there is good and sufficient reason for extending that period.

• (e) The Court may confirm or vary the notice or allow or dismiss the appeal.

• (4) A decision of the Circuit Court under this section is final, save that by leave of the Court, an appeal from its decision lies to the High Court on a specified point of law.

• (5) In subsection (1) the reference to a surveyor of ships includes, in relation to a notice given under section 87(5)(b), a reference to a person appointed under section 87(5)(e).

90. Fees — Certificates and inspections under Act and surveys under Act of 1952.

90.— (1) The Minister may, with the consent of the Minister for Finance, prescribe by order (“fees order”) the fees to be charged for—

• (a) inspections made under sections 14, 23, 32, 40, 48, 55, 62, 82 and 84 and certificates issued under section 13,

• (b) surveys carried out in accordance with regulations made under sections 10(1)(b) and 15(1)(c) of the Act of 1952, section 19(2), 28(2), 37(2), 45(2)(a), and

• (c) certification and verification for—

• (i) ships and companies under Regulation (EC) No. 336/2006 ¹ of the European Parliament and of the Council of 15 February 2006, and

• (ii) ships under Regulation (EC) No. 725/2004 ¹ of the European Parliament and of the Council of 31 March 2004.

• (2) Section 6 of the Act of 1952 applies to fees payable under a fees order.

• (3) A fees order does not apply in respect of inspections made or surveys carried out by a recognised organisation.

91. Fees — Merchant Shipping (Certification of Seamen) Act 1979.

91.— (1) The Merchant Shipping (Certification of Seamen) Act 1979 is amended—

• (a) in section 3(2) by substituting for paragraph (c) the following:

• “(c) provide for—

• (i) the issue, form and recording of certificates and other documents, and

• (ii) with the consent of the Minister for Finance, the fees to be charged for the issue, recording and administration of such,”,

and

• (b) in section 8(1) by substituting for paragraph (b) the following:

• “(b) in relation to a standard certified under this section, make regulations—

  • (i) corresponding to those provided under section 3(2)(b), and

  • (ii) prescribing, with the consent of the Minister for Finance, the fees to be charged for the issue, recording and administration of documents under paragraph (a).”.

• (2) Any fees payable under regulations made under section 3(2)(c) and 8(1)(b) of the Merchant Shipping (Certification of Seamen) Act of 1979 shall be paid into or disposed of for the benefit of the Exchequer.

92. Confirmation of acts of Marine Casualty Investigation Board.

92.— Any acts done or purported to have been done by the Marine Casualty Investigation Board or any consultant, adviser or investigator engaged by it or purported to be engaged by it between 5 June 2002 and 29 June 2007 for the purposes of the Board’s functions under the Act of 2000 are not invalidated on the grounds—

• (a) of the invalidity of the Marine Casualty Investigation Board (Establishment Day) Order 2002 (S.I. No. 290 of 2002), or

• (b) that the Board did not have a quorum between 25 March 2003 and 29 June 2007.

93. Medical fitness of pilots and repeal.

93.— (1) The following section is inserted after section 58 of the Harbours Act 1996:

“Medical fitness of pilots.

58A.— (1) It is the duty of a company, as a result of medical examination, to assess whether the health of a person who is—

• (a) employed or applies to be employed by the company on its staff as a pilot, or

• (b) an applicant for the grant or renewal of, or the holder of, a pilot’s licence to perform acts of pilotage,

within its pilotage district is such as to enable the person to perform satisfactorily the duties of a pilot. The company in this regard must satisfy itself that the medical fitness of the person, particularly regarding eyesight, hearing and physical fitness, meets the standards required for certification of masters and officers in charge of a navigational watch under the International Convention on Standards of Training Certification and Watchkeeping for Seafarers 1978 done at London on 7 July 1978 and such other requirements as the company thinks appropriate.

• (2) A person employed as a pilot or the holder of pilot’s licence must, for the purposes of assessment under subsection (1) by the company in whose pilotage district he or she acts as a pilot, undergo medical examination at intervals specified by the company but not later than in each period of 2 years.

• (3) Where a company considers that the physical health of a person it employs, or who has applied to be employed, as a pilot or an applicant for the grant or renewal of, or the holder of, a pilot’s licence, within its pilotage district is not sufficient to enable the person to satisfactorily perform the duties of a pilot, the company may suspend or cease the employment, or refuse the application for employment, of the person as a pilot, or refuse the application for a pilot’s licence or suspend or revoke the holder’s pilot’s licence, as the case may be.

• (4) Where a company suspends the employment of a person as a pilot the suspension ceases to have effect when the person is able to satisfy the company concerned of his or her physical fitness to satisfactorily perform the duties of a pilot.

• (5) A pilot’s licence—

  • (a) if revoked under subsection (3) ceases to have effect, or

  • (b) if suspended under that subsection ceases to have effect until the holder is able to satisfy the company concerned of his or her physical fitness to satisfactorily perform the duties of a pilot.

• (6) A decision under subsection (3) in respect of a pilot’s licence shall be notified to the applicant or holder concerned personally or by post at the address at which he or she resides.

• (7) Where a company refuses to grant or renew a pilot’s licence or suspends or revokes a pilot’s licence under subsection (3) the applicant or holder, as the case may be, may, within the period of 21 days beginning on the date of the decision to refuse the application for the grant or renewal of a pilot’s licence or to suspend or revoke the pilot’s licence, apply to the judge of the Circuit Court, for the circuit in which the registered office of the company concerned is registered, for an order cancelling or varying the decision. The judge may confirm, cancel or vary the decision or require the company concerned to re-assess the appellant’s medical fitness in respect of his or her suitability to satisfactorily perform the duties of a pilot.”.

• (2) Section 69 of the Harbours Act 1996 is repealed.

• (3) Part II of the Sixth Schedule to the Harbours Act 1996 is amended:

• (a) by substituting for paragraph 46 the following:

“46. Prescribing requirements that must be complied with by or in respect of a person who applies to the company—

• (a) to be employed as a pilot, or

• (b) to be granted a pilot’s licence to act as a pilot,

in its pilotage district, being requirements as to medical fitness (including particularly requirements regarding eyesight, hearing and physical fitness) completion of an apprenticeship, length of previous service as a pilot or mariner, local knowledge, skill, character and such other matters that the company deems appropriate.”,

and

• (b) in paragraph 47, by substituting “(including requirements as to medical fitness and in particular requirements regarding eyesight, hearing and physical fitness)” for “(including requirements as to physical fitness)”.

Footnotes