MERCHANT SHIPPING (REGISTRATION OF SHIPS) ACT 2014

• (2) In any such case, except where the ship’s certificate of registry is lost or destroyed, the master of the ship shall, if the event occurs in a port in the State, immediately, but if it occurs elsewhere, then not later than 10 days after arrival in a port in the State, deliver the certificate of registry to the Minister.

• (3) The owner or master of a ship who fails to comply with this section commits an offence.

30. Ports of registry

30. (1) The ports mentioned in Schedule 3 are the ports of registry for the registration of ships for the purposes of this Act.

• (2) Where the Minister considers that a port—

• (a) which is not mentioned in Schedule 3, should be a port of registry having regard to any or all of the following—

• (i) the demand that exists for the port to be a port of registry,

• (ii) the importance of the location for commercial shipping traffic or business, fishing, recreational or other maritime activity,

• (iii) the geographical location of the port, and

• (iv) the level of maritime activity with regard to shipping at the port,

he or she may by order prescribe the port as a port of registry for the purposes of this Act, or

• (b) which is mentioned in Schedule 3 or prescribed under paragraph (a), should cease to be a port of registry having regard to—

• (i) the demand that exists for the port to be a port of registry, which may include the consideration of the number of ship registration transactions that relate to the port, and

• (ii) the level of maritime activity with regard to shipping at the port,

he or she may by order provide that the port ceases to be a port of registry for the purposes of this Act.

31. Transfer of port of registry

31. (1) The port of registry of a ship may be transferred from one port to another port in the State on application to the Minister accompanied by a declaration in writing by all persons appearing on the Register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them, and those rights shall in all respects continue in the same manner as if no such transfer had been effected.

• (2) An application to transfer registry under this section shall contain such information in relation to the particulars of the ship, the owners and mortgagees of the ship as appearing on the Register to be interested in the ship, and supporting documentation as may be prescribed by the Minister from time to time.

• (3) The certificate of registry of a ship to which this section refers shall be delivered up to the Minister and all particulars of the ship relating to the port of registry shall be amended and recorded on the Register as necessary, a replacement certificate of registry in relation to the ship shall be granted which shall have the same expiry date as the original certificate of registry, and such ship shall be considered as registered at the new port of registry. The name of the ship’s new port of registry shall be substituted for the name of the former port of registry on the ship in accordance with section 26.

32. Forms of documents and instruments

32. (1) The form of instruments and documents (whether in paper or electronic form), that arise from the provisions of this Act and regulations made thereunder shall be approved by the Minister.

• (2) The Minister may approve the amendment of the form of any instruments or documents that arise from the provisions of this Act and regulations made thereunder.

• (3) The form of any instruments or documents under the Act of 1955 are approved forms for the purposes of this Act.

PART 3 Irish Ships, National Colour and Character

33. Irish ships

33. (1) The following ships shall be known as Irish ships:

• (a) subject to subsection (2), ships registered under this Act on the Register;

• (b) ships not required to register under this Act, which are wholly owned by Irish citizens or Irish bodies corporate and are not registered under the law of another state, provided they are operating domestically;

• (c) warships of the Defence Forces, while manned by members of those forces.

• (2) The following ships shall not be known as Irish ships:

• (a) ships registered in accordance with section 24;

• (b) ships, including categories or types of ships, registered on such Parts of the Register as may be determined by the Minister from time to time, when not operating domestically, having regard to the size of the ship.

• (3) Irish ships shall be entitled to fly the national colours and assume national character.

34. National colours for Irish ships

34. (1) The national colours to be flown by Irish ships shall be the national flag except that—

• (a) in the case of State-owned ships for which a special flag is prescribed under subsection (2), the national colours shall be the flag so prescribed, and

• (b) in the case of ships in respect of which a special flag is authorised by flag warrant under subsection (3), the national colours shall be the flag so authorised.

• (2) The Minister may prescribe a flag to be flown in lieu of or in addition to the national flag by State-owned ships or by specified types of ships.

• (3)
• (a) The Minister may, by flag warrant issued to a body of persons, authorise the members of that body to use a flag in lieu of the national flag on specified Irish ships, and may by any such warrant impose conditions and restrictions on the exercise of the authority thereby conferred and may revoke any such warrant.

• (b) An application for a flag warrant under this subsection shall be made in such a form and manner and be accompanied by documents, other supporting information and the appropriate fee as the Minister may determine from time to time.

• (c) An application for a flag warrant under this subsection shall be considered by the Minister in consultation with the Chief Herald of Ireland (within the meaning of section 13 of the National Cultural Institutions Act 1997) and the Minister for Defence.

35. Obligation to hoist national colours

35. (1) The national colours shall be hoisted on an Irish ship—

• (a) on a signal being made to it by a ship of the Naval Service of the Defence Forces under the command of a commissioned officer of that Service,

• (b) on entering or leaving a port outside the State, and

• (c) if the ship is of 24 metres in load line length or greater, on entering or leaving a port in the State.

• (2) Subsection (1) does not apply to a fishing boat, personal watercraft or small fast powered craft operating domestically.

• (3) Where there is a contravention of this section, the master of the ship concerned commits an offence.

36. Prohibition on hoisting colours other than national colours

36. (1) No flag distinctive of nationality, subject to section 34, shall be hoisted on an Irish ship other than the national colours.

• (2) The flying of a flag by way of courtesy only, in accordance with accepted international usage, shall not be a contravention of this section.

• (3) Where there is a contravention of this section, the master of the ship concerned commits an offence.

• (4) A surveyor, a person holding commissioned naval rank in the Permanent Defence Forces, a member of the Garda Síochána, an officer of the Irish Coast Guard, an officer of the Revenue Commissioners or a diplomatic or consular officer may board any ship on which any colours or pendant are hoisted contrary to this Act, and remove and take away the colours or pendant where appropriate.

37. Prohibition on assuming Irish character

37. (1) If a person uses the national colours or assumes Irish national character on board a ship which is not an Irish ship, including the use of internationally recognised symbols or abbreviations for Ireland in the ship markings, the person commits an offence.

• (2) Subsection (1) does not apply in the case of the use on a ship of the letters “IRL” with a number issued for sporting purposes.

38. Prohibition on concealment of Irish character or assuming of foreign character

38. If the master or owner of an Irish ship does anything or permits anything to be done, or carries or permits to be carried any papers or documents, with intent—

• (a) to conceal the Irish national character of the ship from any person entitled by law to enquire into the ship’s national character, or

• (b) to deceive any such person, or

• (c) to assume a foreign character,

he or she commits an offence.

PART 4 Enforcement

39. Authorised persons

39. (1) A surveyor, a member of the Garda Síochána, an officer of the Revenue Commissioners, a sea-fisheries protection officer, an authorised officer of Inland Fisheries Ireland, a harbour master, a person holding commissioned naval rank in the Permanent Defence Forces and an officer of the Irish Coast Guard is an authorised person for the purposes of this Act.

• (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 Act.

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

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

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

• (6) The Minister may revoke a warrant furnished to an authorised person or a class of persons under this Act.

• (7) In this section—

“authorised officer of Inland Fisheries Ireland” means an authorised officer of Inland Fisheries Ireland for the purposes of section 301(1)(b) (as amended by section 8 of the Inland Fisheries Act 2010) of the Fisheries (Consolidation) Act 1959;

“harbour master” means a person—

• (a) who is construed to be a harbour master in accordance with section 37(1) of the Harbours Act 1996, or

• (b) appointed as a harbour master by—

• (i) a local authority,

• (ii) the Minister for Agriculture, Food and the Marine under section 4(2)(d) of the Fishery Harbour Centres Act 1968, or

• (iii) Iarnród Éireann — Irish Rail.

40. Powers of authorised persons

40. (1) An authorised person may for the purpose of enforcing sections 11, 23, 24, 26, 27, 28, 37 and 38 and regulations made thereunder by the use of reasonable force if necessary, stop and board any ship in Irish waters or on land within the State where any activity in connection with these sections takes place, or enter any premises or place where any activity connected with the ship takes place, and—

• (a) inspect and examine the ship, premises or place,

• (b) inspect and take copies of, or extracts from, records or documents.

• (2) An authorised person may for the purpose of his or her functions under this section, stop and board any ship and request the master or owner of the ship or any member of the crew of the ship to furnish such information, and to produce such records and documents (and in the case of records or documents stored in a non-legible form, produce to him or her a copy in legible form) in his or her possession or within his or her procurement, as the authorised person may reasonably require relating to the registration of the ship, the certificate of registry of the ship, the carving and marking of the ship, the national colours or character of the ship or for the purpose of any of his or her functions under this Act.

• (3) An authorised person may for the purpose of his or her functions under this section, enter any premises or place where any activity connected with the ship takes place and request the master or owner of the ship, any member of crew of the ship 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 (and in the case of records or documents stored in a non-legible form, produce to him or her a copy in legible form) in his or her possession or within his or her procurement, as the authorised person may reasonably require relating to the registration of the ship, the certificate of registry of the ship, the carving and marking of the ship, the national colours or character of the ship or for the purpose of any of his or her functions under this Act.

• (4) An authorised person may take photographs or make any record or visual or electronic recording of the ship or any activity on the ship or the premises or place in relation to the exercise of a power under subsection (1), (2) or (3).

• (5) A person who obstructs or interferes with an authorised person in the exercise of his or her functions under this Act, or who fails or refuses to comply with a request of an authorised person under this Act, commits an offence.

41. Power to detain ships and procedure for detention and appeal

41. (1) A surveyor may detain—

• (a) a ship that is in a port in the State or in Irish waters, or

• (b) an Irish ship in a foreign port, with the permission of the competent authority of the port concerned,

if, in his or her opinion, it is in breach of section 11, 23, 24 or 26 or regulations made thereunder, or section 27, 28, 37or 38.

• (2) For the purposes of enforcing this section, a surveyor may—

• (a) in the case of any ship, stop, board and inspect the ship in or on Irish waters or on land within the State, and

• (b) in the case of an Irish ship, stop, board and inspect that ship anywhere.

• (3) A surveyor may request of a person on a ship stopped and boarded under subsection (2) and whom the surveyor suspects is committing or has committed an offence under section 11, 23, 24, 26, 27, 28, 37or 38 to give his or her name and address.

• (4) A surveyor, for the purposes of enforcing this section, may—

• (a) if the ship is underway, order it to be stopped or be manoeuvred as directed for the purposes of identification or of allowing the surveyor to go on board it,

• (b) board the ship,

• (c) require the owner, master or member of the crew of the ship to produce the certificate of registry or other records relating to the ship which are in his or her possession or control, and inspect and take extracts from or copies of the certificate of registry,

• (d) require the master of the ship to give an explanation concerning the ship and the certificates or other records relating to it,

• (e) request and take the name, address and other details of any person on board the ship,

• (f) request co-operation and assistance from the master or crew of the ship in relation to the inspection, examination and detention of the ship, and

• (g) if he or she suspects that there has been a contravention by any person on board the ship of the requirements of section 11, 23, 24 or 26 or regulations made thereunder, or section 27, 28, 37 or 38 without summons, warrant or other process—

• (i) if the ship is not in a port, take or instruct that the ship and all persons on board be taken to port or order the master of the ship to take the ship directly to a specified port, and detain the ship, or

• (ii) if the ship is in a port, detain the ship at the port or order the master of the ship to take it directly to a more convenient port and there detain it.

• (5) A surveyor shall, if requested by a person affected, produce evidence of his or her authority.

• (6) A surveyor when exercising any powers under this section in a port in the State, in Irish waters or on land within the State may be accompanied by other persons, which may include a member of the Garda Síochána, a person holding commissioned naval rank in the Permanent Defence Forces or an officer of the Revenue Commissioners, and may take with him or her, or those persons may take with them, any equipment or materials (including firearms or other weapons (where he or she or any of those other persons is a member of the Defence Forces or the Garda Síochána)) to assist the surveyor in the exercise of his or her powers.

• (7) A surveyor when exercising any powers under this section in a foreign port may be accompanied by other persons which may include a translator or personnel of the enforcement authorities of the state in which the port is situated.

• (8) A person being a member of the Garda Síochána or the Defence Forces accompanying a surveyor may only use such force as he or she deems necessary to ensure the safety of the surveyor and where the surveyor is threatened, obstructed, intimidated or interfered with in exercising his or her duties. The degree of force shall not exceed that reasonably required in the circumstances.

• (9) The master of a ship who fails to obey—

• (a) an order for the ship to be stopped or to be manoeuvred in accordance with directions, or

• (b) an instruction for the ship to be taken to a specified port,

given by a surveyor under this section commits an offence and is liable—

• (i) on summary conviction, to a class A fine, or

• (ii) on conviction on indictment, to a fine not exceeding €100,000.

• (10)
• (a) When a ship has been detained under this section, the master or owner of the ship shall be issued with a notice of detention stating the reasons for the detention and the action required to the satisfaction of the surveyor before the notice of detention can be withdrawn.

• (b) Where a surveyor of ships is satisfied that the action required, as referred to in a notice of detention, has been satisfactorily remedied, he or she shall withdraw the notice.

• (11) The master or owner of the ship, or his or her representative in the State, may appeal against a detention decision taken by a surveyor under this section but the lodging of such an appeal shall not cause the detention to be suspended.

• (12) An appeal under subsection (11) shall lie to the judge of the Circuit Court in whose Circuit the port in which the ship is or was berthed or docked at the time of making the application is located or in the case of an Irish ship detained in a foreign port, the Dublin Circuit Court, and shall be made not later than 7 working days after the commencement of the detention, unless the Court considers that there is good and sufficient reason for extending that period.

• (13) On hearing the appeal under subsection (11), the Court may confirm or vary the detention or allow the appeal.

• (14) A decision of the Circuit Court on an appeal under subsection (11) shall be final, except by leave of the Court, an appeal on a specific point of law lies to the High Court.

• (15) Any costs relating to the detention of a ship under this section shall be borne by the owner of the ship.

42. Fixed payment notice

42. (1) Where an authorised person has reasonable grounds for believing that a person is committing or has committed an offence under section 11(11) in respect of the registration requirement under section 11(1)(b) or (c) he or she may serve the person with a notice, in the form prescribed by the Minister, stating that—

• (a) the person is alleged to have committed the offence, and

• (b) the person may during the period of 21 days beginning on the date of the notice make to the authority concerned at the address specified in the notice a payment of €150 or such other amount that, for the time being, stands prescribed, in lieu of that amount, and accompanied by the notice,

• (c) the person is not obliged to make the payment, and

• (d) a prosecution in respect of the alleged offence shall 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 shall 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 authority concerned at the address specified in the notice the payment specified in the notice accompanied by the notice,

• (b) the authority specified in the notice may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances 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 specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (3) In a prosecution for an offence under a provision to which this section applies the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.

• (4) In this section—

“authorised person” includes an authorised person appointed by a local authority under section 17 of the Act of 2005;

“authority” means the Minister, the local authority concerned or Inland Fisheries Ireland, as the case may be.

PART 5 Legal Issues

43. Documents admissible in evidence

43. The following documents shall be admissible in evidence and judicial notice shall be taken of them, namely:

• (a) an extract or a copy of an extract from the Register that is certified as such by an officer of the Minister;

• (b) a certificate of registry or a copy that is certified as such by an officer of the Minister;

• (c) every declaration made under this Act in respect of a registered ship;

• (d) such other documents made in pursuance of this Act as may be directed by the Minister.

44. Mode of making declarations

44. (1) The Minister may determine the mode of making declarations required by this Act which may include the form and manner of such declarations (whether paper or electronic format), the method by which declarations are made (including making a declaration before specified persons such as an officer of the Minister or a registrar of ships or a Peace Commissioner or a Commissioner for Oaths or a diplomatic or consular officer), and different modes for different purposes and services.

• (2) Declarations required by this Act may be made on behalf of a body corporate by the Secretary or any other officer of the body.

45. False declarations concerning ownership, etc., of ships, and liability

45. (1) A person who makes a declaration or produces any document or other evidence under this Act and thereby—

• (a) wilfully makes, or assists in making, or procures to be made any false statement knowing it to be false concerning the title to or ownership of, or the interest existing in any ship, or any share in a ship, or

• (b) utters, produces or makes use of any declaration or document containing any statement knowing it to be false,

commits an offence.

• (2) A person who makes a false declaration in relation to his or her qualification or the qualification of any other person to own a registered ship or any share therein, commits an offence.

• (3) A ship or share in a ship in respect of which any false declaration is made to which subsection (2) refers, shall be removed from the Register under section 21 to the extent of the interest of the declarant, and also of any person on behalf of whom such declaration was made.

• (4) A person who makes a declaration in pursuance of this Act concerning the title to, ownership of or the interest existing in a ship or a share in a ship, shall be held liable in like manner as an owner for matters arising from such ownership or interest.

• (5) A person who commits an offence under this section is liable—

• (a) on summary conviction, to a class A fine, or

• (b) on conviction on indictment, to a fine not exceeding €50,000.

46. Notice of trusts not received

46. (1) Only a person who is an owner of a ship or a share in a ship may be registered on the Register.

• (2) Only those persons who are owners of a ship or of a share in a ship as registered on the Register may sell the ship or share in accordance with this Act and give a receipt for any money paid or advanced as part of the sale.

47. Equities not excluded by Act

47. (1) In this Act “beneficial title” and “beneficially interested” includes interests arising under contract and other equitable interests.

• (2) The intention of this Act is that, without prejudice to—

• (a) section 46, that only allows for owners of ships to be registered on the Register,

• (b) the disposition of ships under section 57,

• (c) the giving of receipts by—

• (i) registered owners under section 46, and

• (ii) registered mortgagees under section 57 and 62,

• (d) the exclusion under section 15 of persons who are not qualified persons from the entitlement to register ships on the Register,

interests arising under contract or other equitable interests may be enforced by or against owners and mortgagees of ships in respect of their interest therein in the same manner as in respect of any other personal property.

PART 6 Private Law Provisions

48. Private law provisions for registered ships and liability of owner

48. (1) The Minister may make regulations to provide for the registration of any type or description of ships to be such as to exclude the application of the private law provisions for registered ships and, if they do, may regulate the transfer, transmission or mortgaging of ships of the class or description so excluded.

• (2) Where any person is beneficially interested, otherwise than by way of mortgage, in any ship or share in a ship registered in the name of some other person as owner, the person so interested shall, as well as the registered owner, be subject to all pecuniary penalties imposed by this or any other Act on the owners of ships or shares therein, so nevertheless that proceedings may be taken for the enforcement of any such penalties against both or either of the aforesaid parties, with or without joining the other of them.

• (3) In this Part “the private law provisions for registered ships” means the provisions of sections 48 to 62 or the provisions of regulations made for the purposes of those sections.

49. Transfers etc. of registered ships

49. (1) A transfer of a registered ship, or a share in such a ship, to a qualified person shall be effected by a bill of sale or by means of such other document of transfer as may be prescribed.

• (2) A bill of sale in respect of a ship or a share in it shall contain such description of the ship as is contained in the certificate of measurement, or the certificate of measurement of an authority recognised by the Minister under section 20(2), or in certain prescribed circumstances, a declaration for the purpose of measurement, as appropriate, and shall be in an approved form and shall be executed by the transferor in the presence of, and be attested by, a witness or witnesses.

• (3) Where a registered ship or a share in it is transferred in accordance with subsections (1) and (2), the transferee shall not be entitled to be registered as owner thereof until the transferee or, in the case of a body corporate, the person authorised by section 44 to make declarations on behalf of that body, has made and signed a declaration (in this Act called a declaration of transfer) referring to the ship, and containing—

• (a) a statement of the qualification of the transferee to own a registered ship, or, if the transferee is a body corporate, of such circumstances of the constitution and business thereof as prove it to be qualified to own a registered ship in accordance with section 15, and

• (b) a declaration that, to the best of his or her knowledge and belief, no person who is not a qualified person in accordance with section 15 is entitled as owner to any legal or beneficial interest in the ship or any share therein.

• (4) Every bill of sale for the transfer of a registered ship or of a share therein, when executed, shall be produced to the Minister, with the declaration of transfer, and the Minister shall enter the name of the transferee as owner of the ship or share on the Register, and shall endorse on the bill of sale that entry, with the day and hour.

• (5) Bills of sale of a ship or of a share therein shall be registered on the Register in the order in which they are produced to the Minister for registration.

• (6) In this section a reference to a bill of sale in subsections (2), (4) and (5) includes a reference to any document of transfer prescribed under subsection (1).

50. Transfer of property in ship on death, bankruptcy, etc.

50. (1) Where the property in a registered ship or in a share therein is transferred to a qualified person on the death or bankruptcy of any registered owner, or by any lawful means other than by a transfer under section 49—

• (a) that person shall authenticate the transfer by making and signing a declaration (in this Part referred to as declaration of transfer) identifying the ship and containing the several statements required to be contained in a declaration of transfer under section 49, or as near thereto as circumstances permit, and also a statement of the manner in which and the person to whom the property has been transferred,

• (b) if the transfer is consequent on bankruptcy, the declaration of transfer shall be accompanied by such evidence as is for the time being receivable in courts of justice as proof of the title of persons claiming under a bankruptcy, or

• (c) if the transfer is consequent on death, the declaration of transfer shall be accompanied by the instrument of representation, or an official extract therefrom.

• (2) The Minister, on receipt of the declaration of transfer made in accordance with subsection (1), shall enter in the Register the name of the person entitled under the transfer as owner of the ship or share the property in which has been transferred, and, where there is more than one such person, shall enter the names of all those persons, but those persons, however numerous, shall, for the purpose of this Act with respect to the number of persons entitled to be registered as owners, be considered as one person.

51. Order for sale on transfer to unqualified person

51. (1) Where the property in a registered ship or in a share therein is transferred on death, bankruptcy or otherwise to a person who is not a qualified person, the High Court may, on application by or on behalf of such person, order a sale of the property transferred and direct that the proceeds of the sale, after deducting the expenses, be paid to the person entitled under such transfer or otherwise as the Court likes.

• (2) The Court may require any evidence it thinks necessary in order to support the application and may make the order on any terms and conditions it thinks just, or may refuse to make the order and generally may act in the case as the justice of the case requires.

• (3) Every application for sale under subsection (1) shall be made not later than 28 days from the date of the occurrence of the event on which the transfer has taken place, or within such further time (not exceeding one year) as the Court may allow.

• (4) If—

• (a) an application is not made within the time allowed by or under subsection (3), or

• (b) the Court refuses an order for sale,

the ship or share transferred shall be liable to removal from the Register under section 21.

52. Transfer of ship on sale by order of the court

52. (1) Where any court orders the sale of a registered ship or share in a registered ship, the order of the court shall contain a declaration vesting in a named person the right to transfer the ship or share.

• (2) The person named by a court under subsection (1) shall be entitled to transfer the ship or share in the same manner and to the same extent as if the person was the registered owner of the ship or share.

• (3) The Minister shall deal with any application relating to the transfer of the ship or share made by the person so named by a court under subsection (1) as if that person was the registered owner.

53. Power of court to prohibit transfer

53. (1) The High Court may, on the application of any interested person, make an order prohibiting any dealing with a registered ship or a share in a registered ship for a specified period of time and on any terms or conditions as the Court thinks just, or may refuse to make the order, or may discharge the order when made, with or without costs, and generally may act in the case as the justice of the case requires.

• (2) The order of the Court under subsection (1) when served shall be binding on the Minister.

54. Mortgages of registered ships

54. (1) An owner may provide his or her registered ship or a share in that ship as security for a loan or other consideration.

• (2) The instrument creating such security under subsection (1) (referred to in this Act as a “mortgage”) shall be in an approved form.

• (3) Where a mortgage executed in accordance with subsection (2) is produced to the Minister, the mortgage shall be registered in accordance with relevant directions of the Minister to registrars of ships issued under section 17.

• (4) Mortgages shall be registered on the Register in the order in which they are produced to the Minister for the purposes of registration.

55. Priority of registered mortgages

55. Where two or more mortgages are registered on the Register in respect of the same ship or share, the priority of the mortgagees between themselves shall, subject to section 56, be determined by the order in which the mortgages were registered.

56. Notices by intending mortgagees — priority notices

56. (1) A person who is an intending mortgagee of—

• (a) a ship registered or to be registered on specified Parts of the Register, or

• (b) a share in a ship registered or to be registered on specified Parts of the Register,

may inform in writing the Minister of his or her interest under the proposed mortgage.

• (2) The Minister shall record that interest on the Register.

• (3) The Minister may make regulations to provide for the giving to the Minister, by intending mortgagees of ships registered or to be registered on specified Parts of the Register, of priority notices in an approved form and containing prescribed information which, when recorded on the Register, determines the priority of the interest to which the notice relates, during such period of time specified in the regulations.

57. Registered mortgagee’s power of sale

57. A registered mortgagee shall have power to dispose of the ship or share in respect of which the mortgagee is registered, in accordance with the terms of the mortgage, and to give receipts for the purchase money, but where there is more than one person registered as mortgagee of the same ship or share, a subsequent registered mortgagee shall not, except under the order of a court of competent jurisdiction, sell the ship or share, without the concurrence of every prior mortgagee.

58. Protection of registered mortgages

58. Where a ship or share is subject to a registered mortgage then—

• (a) except as may be necessary to make the ship or share available as a security for the mortgage debt, a mortgagee shall not by reason only of the mortgage be treated as owner of the ship or share, and

• (b) the mortgagor shall be treated as not having ceased to be owner of the ship or share.

59. Mortgage not affected by bankruptcy

59. (1) A registered mortgage of a ship or share shall not be affected by any act of bankruptcy committed by the mortgagor after the date of registration notwithstanding that the mortgagor at the commencement of his or her bankruptcy had the ship or share in his or her possession, order, or was reputed owner thereof.

• (2) A mortgage referred to in subsection (1) shall be preferred to any right, claim, or interest therein of the other creditors of the bankrupt or any trustee or assignee on their behalf.

60. Transfer of registered mortgage

60. (1) A registered mortgage of a ship or share may be transferred to any person. The instrument effecting the transfer shall be in an approved form.

• (2) Where any such instrument as referred to in subsection (1) is produced to the Minister, the Minister shall register the transferee as mortgagee of the ship or share on the Register.

61. Transfer of registered mortgage on death, bankruptcy, etc.

61. (1) Where the interest of a mortgagee in a ship or share is transferred on death, or bankruptcy, or by any lawful means, other than by a transfer under section 60, the transfer shall be authenticated by a declaration of the person to whom the interest is transferred, containing a statement of the manner in which and the person to whom the property has been transferred, and shall be accompanied by the like evidence as is by this Act required in case of a corresponding transfer of the ownership of a ship or share.

• (2) The Minister on the receipt of the declaration under subsection (1) and the production of the evidence aforesaid, shall enter the name of the person entitled under the transfer on the Register as mortgagee of the ship or share.

62. Discharge of registered mortgage

62. Where a registered mortgage has been discharged, the Minister shall, on production of the mortgage deed with a receipt for the mortgage money endorsed thereon, signed and attested, and any such evidence of the discharge of the mortgage as may be further prescribed by regulations, cause an entry to be made on the relevant Part of the Register to the effect that the mortgage has been discharged subject to any fees or other requirements prescribed by the Minister in regulations.

PART 7 Proceedings

63. Proceedings

63. (1) (a) Proceedings for an offence under this Act may be brought and prosecuted summarily by—

• (i) the Minister, and

• (ii) in the case of an offence under section 11(11) relating to a ship referred to in section 11(1)(b) or (c), the local authority concerned or Inland Fisheries Ireland.

• (b) Any costs of a prosecutor incurred in connection with the prosecution of a person for an offence under this section for which the person is convicted may be recovered by the prosecutor, in a court of competent jurisdiction, as a debt due and payable by the convicted person to the prosecutor.

• (c) Any fine in respect of an offence prosecuted summarily under this section shall be paid to the prosecutor and may be disposed of in a manner that the prosecutor determines.

• (2)
• (a) The Minister may from time to time request a local authority or Inland Fisheries Ireland to make a report to him or her on the operation of this section or section 42 either generally or with regard to some particular aspect, including the provision of information in relation to such matters as the number of offences and prosecutions that have arisen.

• (b) A local authority or Inland Fisheries Ireland shall supply the Minister with such information as may be requested by the Minister from time to time under paragraph (a).

64. Summary penalties

64. A person who commits an offence under this Act (other than under section 20(9), 22(9), 23(9), 24(6), 28(8) or (13), 41(9) or 45(5)) is liable on summary conviction to a class A fine.

65. Liability of owner and master

65. Where the owner or master of a ship commits an offence under sections 23(9), 24(6), 27(2), 28(5), 29(3) or 38, then—

• (a) if the owner has committed the offence, the master, or

• (b) if the master has committed the offence, the owner,

where it is shown that he or she consented to, approved of or connived in the commission of the offence, also commits an offence under the provision concerned and is liable to be prosecuted against and punished as if he or she were guilty of the first-mentioned offence.

66. Offence — body corporate

66. (1) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent, connivance or approval of or to be attributable to any wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in such capacity, that person, as well as the body corporate, commits an offence and is liable to be prosecuted against and punished as if he or she were guilty of the first-mentioned offence.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

67. Service of notification

67. (1) A notification under this Act (other than a notification on the Minister) shall be addressed to the person concerned by name and may be served on or given to the person—

• (a) by giving a copy to the person, his or her employee, servant or agent,

• (b) by leaving a copy at the address where the person ordinarily resides, where he or she carries on business, or, where an address for service of notifications has been furnished by the person to the Minister, at that address,

• (c) by sending a copy by post, including in a prepaid registered letter, to the address at which the person ordinarily resides or carries on business, in the case of a body corporate or unincorporated body at the registered office of the body or, where an address for service has been furnished by the person to the Minister, at that address,

• (d) by sending a copy by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the person ordinarily resides or carries on business or, if an electronic address or facsimile number address for the service of a notification has been furnished by the person to the Minister, that electronic address or facsimile machine, but only if—

• (i) the recipient’s facility for the reception of electronic mail generates a message confirming the successful receipt of the electronic mail, or

• (ii) the sender’s facsimile machine generates a message confirming the successful transmission of the total number of pages of the notification.

• (2) For the purposes of this section, a company within the meaning of the Companies Acts is considered to be ordinarily resident at its registered office and every other body corporate or unincorporated body is considered to be ordinarily resident at its principal office or place of business.

PART 8 Consequential Amendments

68. Consequential amendments of certain enactments

68. The enactments mentioned in Schedule 4 are amended as indicated in that Schedule.

PART 9 Safety Convention

69. Safety Convention

69. Section 3(1) of the Merchant Shipping (Safety Convention) Act 1952 is amended by substituting for the definition of “Safety Convention” (inserted by section 6(1)(c) of the Merchant Shipping Act 2010) the following:

“‘Safety Convention’ means the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on 1 November 1974 together with the Protocol to the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on 17 February 1978 and the Protocol to the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on 11 November 1988 and any amendments made to it up to and including those adopted by the 90th session of the Maritime Safety Committee of the International Maritime Organisation held between 16 and 25 May 2012 and which have entered into force in respect of the State pursuant to Article VIII prior to the passing of the Merchant Shipping (Registration of Ships) Act 2014;”.

SCHEDULE 1 Repeals

Section 7

Number and Year (1)	Short Title (2)	Extent of Repeal (3)
No. 29 of 1955	Mercantile Marine Act 1955	The whole Act
No. 20 of 1998	Merchant Shipping (Miscellaneous Provisions) Act 1998	Section 3
No. 8 of 2006	Sea-Fisheries and Maritime Jurisdiction Act 2006	Section 100

SCHEDULE 2 Revocations

Section 8

Mercantile Marine Act 1955 (Reciprocating State) (United Kingdom and Colonies) Order 1955 (S.I. No. 263 of 1955)

Mercantile Marine (Ships’ Names) Regulations 1959 (S.I. No. 119 of 1959)

Mercantile Marine Act 1955 (Reciprocating State) (Canada) Order 1961 (S.I. No. 299 of 1961)

Mercantile Marine Act 1955 (Section 62) Regulations 1963 (S.I. No. 77 of 1963)

Mercantile Marine Act 1955 (Section 76) Regulations 1963 (S.I. No. 78 of 1963)

Mercantile Marine Act 1955 (Reciprocating States) (New Zealand and Pakistan) Order 1968 (S.I. No. 189 of 1968)

Mercantile Marine Act 1955 (Ports of Registry) (Amendment) Order 1988 (S.I. No. 57 of 1988)

Mercantile Marine (Variation of Geographical Limits) (Deck Cargo) Order 1989 (S.I. No. 54 of 1989)

SCHEDULE 3 Ports of Registry

Section 30

Arklow, Cork, Drogheda, Dublin, Dundalk, Galway, Limerick, Skibbereen, Sligo, Tralee, Waterford, Westport and Wexford.

SCHEDULE 4 Consequential Amendment of Certain Enactments

Section 68

Wireless Telegraphy Act 1926

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 9(1) (as amended by section 182 of the Broadcasting Act 2009)	In paragraph (a)(i), substitute “Merchant Shipping (Registration of Ships) Act 2014” for “Mercantile Marine Act 1955”. In paragraph (g), substitute “Merchant Shipping (Registration of Ships) Act 2014” for “Mercantile Marine Act 1955”.

Offences Against the State Act 1939

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 7(3) (inserted by section 18 of the Criminal Justice (Amendment) Act 2009)	In paragraph (a), substitute “(within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014)” for “(within the meaning of section 9 of the Mercantile Marine Act 1955)”.

Merchant Shipping (Safety Convention) Act 1952

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 3(1) (as amended by section 6(1)(a) of the Merchant Shipping Act 2010)	In paragraph (a), substitute for the definition of “Irish ship” the following: “ ‘Irish ship’ means a ship, other than a ship of war, known as such under section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Merchant Shipping Act 1966

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 1(1) (as amended by section 12(1) of the Merchant Shipping Act 2010)	Substitute for the definition of “Irish ship” the following: “ ‘Irish ship’ means a ship, other than a ship of war, known as such under section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Merchant Shipping (Load Lines) Act 1968

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 1	In subsection (1), substitute for the definition of “registered ship” the following:
		“ ‘registered ship’ means a ship registered under the Merchant Shipping (Registration of Ships) Act 2014;”.
		Substitute for subsection (5) the following: “(5) Any reference in this Act to the gross tonnage of a ship shall be construed as a reference to the tonnage of the ship as ascertained in accordance with section 20 of the Merchant Shipping (Registration of Ships) Act 2014 and, where in accordance with that section alternative tonnages are assigned to a ship, the gross tonnage of the ship shall, for the purposes of this Act, be taken to be the larger of those tonnages.”.
2.	Section 20	Insert after subsection (4) the following: “(4A) On the application of the owner of a ship to which this Act applies, which is not a registered ship and is not registered under the law of another state, but is, in exceptional circumstances, required to undertake a single voyage between a place in the State and— (a) another place in the State, or (b) a place outside the State, the Minister may exempt the ship.”.
3.	Section 21	To substitute for subsection (2) the following:
		“(2) For the purpose of this section the appropriate certificate— (a) where the exemption is conferred under subsection (2) or subsection (4) of section 20, is a certificate which shall be called an International Load Line Exemption Certificate, (b) where the certificate is conferred under subsection (3) of that section, is a certificate which shall be called an Irish load line exemption certificate, (c) where the exemption is conferred under subsection (4A)(a) of that section, is a certificate which shall be called an Irish load line exemption certificate, (d) where the exemption is conferred under subsection (4A)(b) of that section to a ship that is either an existing ship of less than 150 tons gross tonnage or a new ship of less than 24 metres in length, is a certificate which shall be called an Irish load line exemption certificate, and (e) where the exemption is conferred under subsection (4A)(b) of that section to a ship that is either an existing ship of not less than 150 tons gross tonnage or a new ship of not less than 24 metres in length, is a certificate which shall be called an International Load Line Exemption Certificate.”.

Shipping Investment Grants Act 1987

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 3(2)	In paragraph (a), substitute “Part 2 of the Merchant Shipping (Registration of Ships) Act 2014” for “Part II of the Mercantile Marine Act 1955”.

Merchant Shipping Act 1992

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 2(1)	Substitute for the definition of “owner” the following: “ ‘owner’, in relation to a vessel, means the person registered under the Merchant Shipping (Registration of Ships) Act 2014 as its owner or, if no person is so registered, the person who owns the vessel, and includes any part owner, charterer, manager or operator of the vessel;”.

Criminal Justice Act 1994

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 3(1)	Substitute for the definition of “Irish ship” the following: “ ‘Irish ship’ has the meaning assigned to it by section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Dumping at Sea Act 1996

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 1	Substitute for the definition of “Irish vessel” the following: “ ‘Irish vessel’ means a ship which is an Irish ship within the meaning of the Merchant Shipping (Registration of Ships) Act 2014, or a vessel which is owned by, leased or chartered to, an individual resident in the State or an Irish company, and is not registered under the law of another country;”.

Refugee Act 1996

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 3(2)	In paragraph (c), substitute “ section 15 of the Merchant Shipping (Registration of Ships) Act 2014” for “section 16 of the Mercantile Marine Act 1955”.

Criminal Law Act 1997

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 7(9) (inserted by section 19 of the Criminal Justice (Amendment) Act 2009)	Substitute “ section 33 of the Merchant Shipping (Registration of Ships) Act 2014.” for “section 9 of the Mercantile Marine Act 1955.”.

Taxes Consolidation Act 1997

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Paragraph 31(3) of Part 5 of Schedule 18B (inserted by section 53(2) of the Finance Act 2002)	Substitute “referred to in section 20(1)(a)or (b) of the Merchant Shipping (Registration of Ships) Act 2014” for “under section 91 of the Mercantile Marine Act 1955”.

Criminal Justice Act 1999

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 41(3A) (inserted by section 20 of the Criminal Justice (Amendment) Act 2009)	In paragraph (a), substitute “(within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014)” for “(within the meaning of section 9 of the Mercantile Marine Act 1955)”.

Sea Pollution (Amendment) Act 1999

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 1	Substitute for the definition of “Irish ship” the following: “ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Civil Registration Act 2004

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 27(7)	Substitute for the definition of “Irish ship” the following: “ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014.”.
2.	Section 39(6)	Substitute for the definition of “Irish ship” the following: “ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014.”.

Maritime Security Act 2004

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 1	Substitute for the definition of “Irish ship” the following: “ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014, wherever situate;”.

Criminal Justice (Terrorist Offences) Act 2005

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 3(1)	Substitute for the definition of “Irish ship” the following: “ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Maritime Safety Act 2005

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 46(1)	Substitute for the definitions, respectively, of “Irish ship” and “owner” the following:
		“ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”, “ ‘owner’, in relation to a vessel, means the person registered under the Merchant Shipping (Registration of Ships) Act 2014 as its owner, or if no person is so registered, the person who owns the vessel, and includes any part-owner, charterer, hirer, manager or operator of the vessel;”.

Sea Pollution (Hazardous Substances) (Compensation) Act 2005

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 15(8)	Substitute for the definition of “Irish ship” the following: “ ‘Irish ship’ shall be construed in accordance with section 33 of the Merchant Shipping (Registration of Ships) Act 2014.”.

Criminal Justice Act 2006

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 70	Substitute for the definition of “Irish ship” the following: “ ‘Irish ship’ has the meaning assigned to it by section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

International Criminal Court Act 2006

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 12(5)	Substitute for the definition of “Irish ship” the following: “ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014.”.

Sea-Fisheries and Maritime Jurisdiction Act 2006

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 33(1)	In paragraph (b), substitute “a port (within the meaning of section 30 of the Merchant Shipping (Registration of Ships) Act 2014) ” for “a port mentioned in the Second Schedule to the Act of 1955”. In paragraph (c), substitute “(within the meaning of section 33 of that Act)” for “(within the meaning of section 9 of that Act)”.
2.	Section 75	In subsection (3)(b), substitute “ section 18(1) of the Merchant Shipping (Registration of Ships) Act 2014” for “the Act of 1955”. Delete subsection (8).
3.	Section 81	Substitute for the definition of “foreign ship” the following: “ ‘foreign ship’ means a ship which is not an Irish ship (within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014);”.

Sea Pollution (Miscellaneous Provisions) Act 2006

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 3(1)	Substitute for the definition of “Irish ship” the following: “ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Cluster Munitions and Anti-Personnel Mines Act 2008

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 2(1)	Substitute for the definition of “Irish ship” the following: “ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 8(1)	In paragraph (a), substitute “ section 33 of the Merchant Shipping (Registration of Ships) Act 2014” for “section 9 of the Mercantile Marine Act 1955”.

Merchant Shipping Act 2010

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 2	Substitute for the definition of “Irish ship” the following: “ ‘Irish ship’ means a ship, other than a ship of war, known as such under section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Biological Weapons Act 2011

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 3(1)	In paragraph (a), substitute “ section 33 of the Merchant Shipping (Registration of Ships) Act 2014” for “section 9 of the Mercantile Marine Act 1955”.

Criminal Justice (Female Genital Mutilation) Act 2012

Item (1)	Provision Amended (2)	Nature of Amendment (3)
1.	Section 4(1)	In paragraph (a), substitute “ section 33 of the Merchant Shipping (Registration of Ships) Act 2014” for “section 9 of the Mercantile Marine Act 1955”.

Footnotes