Merchant Shipping (Registration of Ships) Act 2014

PART 1 Preliminary and General

1. Short title, collective citation and commencement

1. (1) This Act may be cited as the Merchant Shipping (Registration of Ships) Act 2014.

(2) The collective citation the “Merchant Shipping Acts 1894 to 2014” includes this Act.

(3) This Act (other than section 69) comes into operation on such day or days as the Minister may appoint by order or orders, either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

2. Interpretation

2. In this Act—

“Act of 1955” means Mercantile Marine Act 1955;

“Act of 2003” means Fisheries (Amendment) Act 2003;

“Act of 2005” means Maritime Safety Act 2005;

“Act of 2006” means Sea-Fisheries and Maritime Jurisdiction Act 2006;

“approved form” means a form approved of by the Minister under section 32 for the purposes of this Act;

“authorised person” means a person referred to in subsection (1), or appointed under subsection (2), of section 39;

“certificate of deletion” means the certificate issued by a state to prove that a ship has been deleted from the ship register of that state;

“certificate of measurement” means a certificate of measurement issued under section 20(1);

“certificate of registry” means, as the case may be—

(a) a certificate of registry, a certificate of registry of provisional registration or a certificate of registry of non-operative registration granted by the Minister under section 28,

(b) a certificate of registry of temporary registration granted by the Minister under section 23, or

(c) a certificate of registry of visitor registration granted by the Minister under section 24,

and contains particulars of the ship;

“company” in relation to a ship, means the owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, responsible for the operation of the ship and for all duties and responsibilities under the International Safety Management (ISM) Code if that Code applies to the ship;

“consular officer” means a career consular officer or an honorary consular officer both of which shall be construed in accordance with Article 1 of the Vienna Convention on Consular Relations done at Vienna on 24 April 1963, which Convention is set out in the Second Schedule to the Diplomatic Relations and Immunities Act 1967;

“conventions” means international conventions applying to ships;

“Defence Forces” means the defence forces raised and maintained under the Defence Act 1954;

“diplomatic officer” means a person in the Civil Service of the State who is an ambassador extraordinary and plenipotentiary, an envoy extraordinary and minister plenipotentiary, a chargé d’affaires, a counsellor of embassy or legation, a secretary of embassy or legation or an attaché ;

“document of compliance” means a document issued to a company to indicate compliance with the requirements of the International Safety Management (ISM) Code in relation to the safe management and operation of ships and pollution prevention;

“draft of water” means the vertical distance from the waterline to the underside of the keel of a vessel;

“EEA Agreement” means the Agreement on the European Economic Area done at Oporto on 2 May 1992 as adjusted by the Protocol done at Brussels on 17 March 1993;

“EEA state” means a state which is a contracting party to the EEA Agreement;

“fishing boat” means a ship, boat or other vessel designed, equipped or used commercially for catching or taking fish or other living resources of the sea (including the sea bed) or freshwater;

“flag warrant” means an authorisation under section 34(3) to use a special flag on a ship in lieu of the national flag;

“foreign ship” means a ship that is not an Irish ship;

“IMO” means the International Maritime Organization;

“International Safety Management (ISM) Code” means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by the International Maritime Organization (IMO) which is given effect by Regulation (EC) No. 336/2006 of the European Parliament and of the Council of 15 February 2006[^1];

“International Tonnage Convention” means the International Convention on Tonnage Measurement of Ships 1969;

“international voyage” means—

(a) a voyage by sea from the State to another state, or conversely,

(b) a voyage by sea from the State to a point at sea that is outside the State, or conversely, or

(c) a voyage by sea that does not originate or terminate in the State;

“Irish body corporate” means a company formed and registered under the Companies Act 1963, or a body corporate established by or under statute, and subject to the law of the State and having its principal place of business in the State;

“Irish citizen” has the meaning assigned to it in the Irish Nationality and Citizenship Act 1956;

“Irish Coast Guard” means that part of the Department of Transport, Tourism and Sport that is known by that name;

“Irish ship” has the meaning assigned to it by section 33;

“Irish waters” includes the territorial seas, the waters on the landward side of the territorial seas, and the estuaries, rivers, lakes and other inland waters (whether or not artificially created or modified) of the State;

“load line length”, in relation to a ship, means its length ascertained in accordance with load line rules made under section 3, or regulations made under section 1(6), of the Merchant Shipping (Load Lines) Act 1968;

“local authority” means a local authority within the meaning of section 5 of the Act of 2005;

“manager” means a representative resident in the State who controls and directs the operations of a ship and is responsible for the maintenance or safety of the ship;

“master” means the person having, for the time being, the command or charge of a ship;

“Merchant Shipping Acts” means Merchant Shipping Acts 1894 to 2014;

“Minister” means Minister for Transport, Tourism and Sport;

“national colours” has the meaning assigned to it in section 34;

“national flag” means the tricolour of green, white and orange in accordance with Article 7 of the Constitution;

“non-operative registration” means registration granted under section 18(3);

“operating domestically” means any voyage which is wholly or partially in Irish waters other than an international voyage which does not originate or terminate in the State;

“owner” in relation to a ship, means the person or body corporate registered under this Act as its owner or, if no person is so registered, the person who owns the ship;

“particulars of ships” means all details or information in relation to a ship required to be recorded on the Register in accordance with this Act;

“personal watercraft” means a ship (other than a recreational craft) of less than 7 metres in length overall which uses an internal combustion engine having a water jet pump as its primary source of propulsion, and which is designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of a hull, or as prescribed under section 11(5);

“port of registry” means the port at which a ship is registered;

“prescribe” means prescribe (other than in sections 3 and 30) by regulations made by the Minister;

“provisional registration” means registration granted under section 18(2);

“qualified person” means a person referred to in section 15;

“recognised organisation” means an organisation recognised in accordance with Regulation (EC) No. 391/2009 of the European Parliament and of the Council of 23 April 2009 [^2];

“recreational craft” means a ship not engaged in trade and intended for sports and leisure purposes, but does not include personal watercraft and small fast powered craft;

“Register” means Irish Register of Ships established under section 9;

“registered mortgage” means a mortgage registered on the Register;

“registered office” means the address of the office registered with the Companies Registration Office or the office address which holds a document of compliance issued in accordance with the requirements of the International Safety Management (ISM) Code under the authority of the State;

“registered ship” means a ship registered on the Register under this Act;

“registrar of ships” has the meaning assigned to it by section 17;

“Regulations of 2007” means Mercantile Marine (Tonnage) Regulations 2007 (S.I. No. 369 of 2007);

“representative person” means a person appointed under section 16(1);

“Sea Pollution Acts” means Sea Pollution Acts 1991 to 2014;

“sea-fishing boat” has the meaning assigned to it by section 6 of the Act of 2006;

“sea-fishing boat licence” means a licence granted under section 4 (inserted by section 97 of the Act of 2006) of the Act of 2003;

“sea-fisheries protection officer” means a person declared by section 16 of the Act of 2006 to be a sea-fisheries protection officer;

“ship” includes every description of vessel used in navigation not propelled exclusively by oars and includes personal watercraft and small fast powered craft;

“small fast powered craft” means a ship (other than a recreational craft or a fishing boat) of less than 7 metres length overall with a total propulsion engine power of equal to or greater than 150 kW, or as prescribed under section 11(5);

“State-owned ship” means a ship wholly owned by the Government or a Minister of the Government;

“surveyor” means a surveyor of ships;

“surveyor of ships” means—

(a) a person appointed under section 724 of the Merchant Shipping Act 1894 to be a surveyor of ships for the purposes of that Act, and

(b) in section 20, a recognised organisation authorised by the Minister under the European Communities (Ship Inspection and Survey Organisations) Regulations 2011 (S.I. No. 275 of 2011);

“tonnage regulations” means tonnage regulations made under section 91 of the Act of 1955;

“visitor” means a person who is not domiciled in the State;

“warship” has the meaning assigned to it in Article 29 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and means a ship belonging to the armed forces of a state bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the state and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline.

3. Fees

3. (1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, prescribe by order (in this Act referred to as a fees order) the fees to be charged for applications, renewals and inspections made, certificates issued, ship registrations and other services provided under this Act, including under sections 9, 18, 19, 20 and 28.

(2) Different fees or levels of fees may be prescribed under this section in respect of different types, classes or descriptions of ships and for different applications and renewals and different purposes and services.

(3) An application for ship registration, to amend, transfer or to renew registration, shall not be considered until the prescribed fee has been paid.

(4) All fees payable under a fees order shall be collected and taken in such manner as the Minister for Public Expenditure and Reform shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer.

4. Expenses

4.The expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Oireachtas.

5. Regulations

5. The Minister may make regulations:

(a) for any purpose in relation to which regulations are provided for in this Act or prescribing any matter or thing referred to in this Act as prescribed or to be prescribed;

(b) to make different provision for different types, classes or descriptions of ships and for different circumstances.

6. Laying of orders and regulations

6. Every order made under section 3 or 30 or regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation is annulled, but without prejudice to the validity of anything previously done under it.

7. Repeals

7.The enactments specified in Schedule 1 are repealed to the extent indicated in column (3) of that Schedule.

8. Revocations

8.The instruments specified in Schedule 2 are revoked.

PART 2 Registration of Ships

9. Irish Register of Ships

9. (1) The Minister shall establish and maintain a register of Irish ships to be known as the Irish Register of Ships (in this Act referred to as the Register) for the registration of ships under this Act.

(2) The Register shall consist of different Parts, as deemed necessary by the Minister and as specified by the Minister in regulations, to facilitate the registration of different types or descriptions of ships, of different particulars of ships and for different purposes and circumstances.

(3) The Minister may prescribe the types and particulars of ships to be registered in each Part of the Register.

(4) Subject to section 10 the Register shall be administered on behalf of the Minister by an officer or officers of the Minister so designated, by officers of the Revenue Commissioners or by officers of other Ministers of the Government with the approval of the Minister, the Revenue Commissioners or those other relevant Ministers, as the case may be.

(5) The Register shall be maintained in such form (including electronic form) as the Minister may determine from time to time.

(6) The Minister may amend the form of the Register as he or she deems appropriate, including the addition of new Parts, or to give effect to technical changes required by European Union law, international treaties or conventions, and for the proper administration of the Register.

(7) Where a ship is registered on a Part of the Register, the Minister may register the ship on a different Part provided the ship fulfils the requirements for that Part and the ship is only registered on one Part of the Register.

(8) Prior to completion of registration, a ship shall be assigned a number for the purpose of facilitating compliance with the requirements of section 26.

(9) Subject to compliance with the standards or conditions or both of registration, registration on the Register may be granted for an initial period of up to 5 years and, subject to compliance with any conditions applying under section 18 (10) and a renewal of registration in accordance with section 19, subsequent registrations of a ship may be granted for periods of up to 10 years.

(10) A person shall have access to the Register in accordance with regulations made by the Minister and such regulations may include—

(a) the nature and extent of such access,

(b) different categories of access, and

(c) the amount of any fee to be charged for such access.

(11) The Minister may amend the Register where—

(a) an error has occurred, or

(b) sufficient evidence is produced to satisfy the Minister that an entry is incorrect.

(12) On making an amendment under subsection (11), the Minister shall issue a replacement certificate of registry to expire on the date entered on the Register for the original certificate.

(13) Where the Minister proposes to amend an entry under subsection (11)(b), the Minister shall advise the owner of the ship of the proposed correction, who may make a submission not later than 21 days of such notice.

10. Service agreements — administration of Register

10. (1) The Minister may, by an agreement in writing entered into with a State agency, upon such terms and conditions as may be specified in the agreement, provide for the performance by that State agency, subject to such terms and conditions (if any) as may be specified, of such functions relating to the administration of the Register or Parts of the Register or the registration of ships as may be so specified, in accordance with this Act and regulations made thereunder.

(2) An agreement under subsection (1) shall operate, so long as it continues in force, to confer and vest in the State agency concerned, to the extent and subject to the terms and conditions specified in the agreement, which may include the general superintendence and control of the Minister, the function so specified.

(3) In this section “State agency” means a body established by or under statute.

11. Requirement to register certain ships

11. (1) Subject to subsections (2), (9) and (10), all ships operating domestically, including—

(a) a fishing boat in respect of which a sea-fishing boat licence has been granted or is required to be held under section 4 (inserted by section 97 of the Act of 2006) of the Act of 2003,

(b) personal watercraft and small fast powered craft, and

(c) a ship carrying not more than 3 passengers for the purposes of angling as exempted in the Licensing of Passenger Boats (Exemption) Regulations 2002 (S.I. No. 274 of 2002) from the requirement to be licensed under section 14 of the Merchant Shipping Act 1992,

are required to be registered on the Register in accordance with this Act.

(2) This section does not apply to—

(a) a recreational craft which is less than 24 metres in load line length, or

(b) a warship.

(3) For the purpose of compliance with subsection (1), a registration, for the time being in force, conferring nationality from another state shall be an acceptable form of registration.

(4) The Minister may prescribe the categories or types of ships that are required to register on specific Parts of the Register when operating domestically and owned by qualified persons not holding a current registration conferring nationality from another state.

(5) The Minister may prescribe the length overall and other particulars of personal watercraft or small fast powered craft and the total engine propulsion power of a small fast powered craft in lieu of that contained in the definitions of “personal watercraft” and “small fast powered craft”, as the case may be.

(6) (a) A ship required to be registered on the Register shall have its operations controlled and directed from within the State in accordance with regulations made by the Minister.