MERCHANT SHIPPING (INVESTIGATION OF MARINE ACCIDENTS) ACT 2025

• (g) in the case of a vessel that is not registered in the State and is on a domestic voyage, the equivalent standards applied by the flag state.

• (5) Where offshore service vessel and industrial personnel rules require that the hull or machinery of a ship be constructed in a particular manner, or that particular equipment be provided, or particular provision be made, the Minister may approve the hull or machinery of the ship to be constructed in any other manner or any other equipment to be provided or other provision made, if the Minister is satisfied that such other construction or equipment or other provision is at least as effective as that required by the offshore service vessel and industrial personnel rules.

• (6) Offshore service vessel and industrial personnel rules may include requirements in relation to—

• (a) the survey and inspection of offshore service vessels, including the inspection and testing of any equipment, systems, fittings and arrangements on such vessels,

• (b) the extent, manner and intervals of such surveys and inspections, which may include requirements for—

• (i) an initial survey before a vessel is put into service,

• (ii) an annual survey to ensure the vessel continues to comply with rules under this section,

• (iii) an intermediate survey within 3 months before or after the second or third anniversary of the issue of the industrial personnel safety certificate, which shall take the place of an annual survey which would otherwise be due that year,

• (iv) a renewal survey at least every five years, and

• (v) a periodic survey, either general or partial depending on the circumstances, to ensure continued compliance with the offshore service vessel and industrial personnel rules where—

• (I) a change, replacement or significant repair of the structure, equipment, systems, fittings, arrangements and materials takes place, or

• (II) a complaint is made concerning possible non-compliance with the rules.

• (7) Offshore service vessel and industrial personnel rules may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the rules.

• (8) A person that fails to comply with a provision in the offshore service vessel and industrial personnel rules that is stated in those rules to be a penal provision commits an offence.

• (9) Offshore service vessel and industrial personnel rules may exempt a class or classes of offshore service vessel, whether in whole or in part, from a requirement to comply with any provision of the rules.

47. Powers of authorised persons

47. (1) An authorised person shall have the power to—

• (a) board any offshore service vessel while the vessel is in the State or board any Irish offshore service vessel anywhere and survey and inspect the vessel, its machinery, equipment and fittings and perform any tests necessary to ensure the vessel is compliant with requirements under this Part and the offshore service vessel and industrial personnel rules,

• (b) inspect any document or record on board the vessel and require any person on board to produce any document or record and respond to queries and, in the case of records or documents stored in a non-legible form, produce to him or her a copy in legible form,

• (c) require any person on board the vessel to provide his or her name and address,

• (d) take a copy of an entry in, or extract from, any document or logbook of the vessel or any other record and require the master to certify the copy as a true copy,

• (e) 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 this section,

• (f) inspect any container or place of storage and any apparatus used for the transfer of persons to or from the vessel,

• (g) require any person to provide such assistance as the authorised person may reasonably require, and

• (h) require any such person to answer such questions as the authorised person may ask.

• (2) A master of a ship shall remain on board during the exercise by an authorised person of his or her powers under subsection (1)(a) and shall cooperate with the authorised person in the exercise of those powers.

• (3) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, prescribe fees for any surveys, inspections or tests referred to in subsection (1) and different amounts may be prescribed in respect of different classes of surveys, inspections or tests.

• (4) A person who obstructs or interferes with an authorised person in the course of exercising a power under this Part commits an offence and is liable on summary conviction to a class A fine.

• (5) A person who fails or refuses to comply with a requirement of an authorised person pursuant to paragraph (b), (c), (g) or (h) of subsection (1), or in purported compliance with such a requirement gives information or makes a declaration to the authorised person that he or she knows to be false or misleading in any material respect commits an offence and is liable on summary conviction to a class A fine.

• (6) A statement or admission made by a person pursuant to a requirement under paragraph (b), (c), (g) or (h) of subsection (1) shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection (5)).

48. Industrial personnel safety certificate

48. (1) Where, following a survey, a surveyor of ships is satisfied that an offshore service vessel meets the requirements of offshore service vessel and industrial personnel rules, he or she shall provide the owner with a declaration of survey (in this Part referred to as a “declaration of survey”) which shall include statements concerning the vessel and any other matters that arose in the course of the survey and may include conditions or restrictions placed on the vessel.

• (2) A declaration of survey shall be signed by the master or owner of the ship who shall confirm that all the information that was provided to the surveyor of ships is accurate and acknowledge any conditions or restrictions placed on the vessel.

• (3) On receipt by the Minister of a signed declaration of survey, he or she shall issue to the owner of the vessel—

• (a) in the case of an offshore service vessel of 500 gross tonnage and upwards on an international voyage, an international industrial personnel safety certificate, and

• (b) in the case of any other offshore service vessel, an Irish industrial personnel safety certificate,

certifying compliance with offshore service vessel and industrial personnel rules.

• (4) A recognised organisation may, on behalf of the Minister, and after satisfying itself following the completion of a survey that an offshore service vessel complies with offshore service vessel and industrial personnel rules, issue to the owner of the vessel of 500 gross tonnage and upwards on an international voyage an international industrial personnel safety certificate.

• (5) An owner or master of an offshore service vessel not registered in the State shall not operate on domestic voyages unless an Irish industrial personnel safety certificate has been issued in respect of it, which certificate remains valid under this Part.

• (6) For the purpose of issuing an Irish industrial personnel safety certificate in the circumstances specified in subsection (5), the Minister may accept a declaration of compliance from a surveyor of ships based on compliance with the requirements of a flag state where the Minister is satisfied that the flag state concerned has equivalent standards to the requirements of offshore service vessel and industrial personnel rules.

• (7) An industrial personnel safety certificate shall state the period for which it is to remain valid, which period—

• (a) shall not exceed 5 years, and

• (b) may be varied by reference to—

• (i) in the case of a cargo ship, the period of validity for the vessel’s cargo ship safety construction certification,

• (ii) in the case of a high-speed craft, the period of validity for the vessel’s high speed craft safety certificate, and

• (iii) in the case of an offshore service vessel not registered in the State which is operating on domestic voyages, the period of validity for the vessel’s underlying safety certificate issued by the flag state.

• (8) An industrial personnel safety certificate shall be in such form as the Minister may prescribe and shall detail any limitations, conditions or restrictions the Minister or the recognised organisation decide to impose based on the outcome of a survey.

• (9) An industrial personnel safety certificate shall identify the maximum number of persons permitted to be accommodated or carried on board.

• (10) The owner or master of a vessel shall ensure that the number of persons carried on board does not exceed the maximum number of persons specified in the industrial personnel safety certificate.

• (11) An industrial personnel safety certificate is no longer valid where—

• (a) the cargo ship safety construction certificate or the high-speed craft safety certificate, or

• (b) in the case of an offshore service vessel not registered in the State operating on a domestic voyage, the safety certificate issued by the flag state,

expires, is suspended or is revoked.

• (12) An owner of a vessel to whom subsection (11)(b) applies shall notify the Minister immediately on the occurrence of the event referred to in that provision.

• (13) Where an industrial personnel safety certificate has been issued to an Irish offshore service vessel, the owner or master shall not make changes to the structure, equipment or fittings of the vessel to which the certificate applies, without the prior approval of the Minister, other than to replace or repair any defective equipment or fittings and any replacement equipment or fittings shall be of the same or a higher standard in order to ensure that the safety of the vessel is maintained.

• (14) An owner or master of an offshore service vessel shall not operate the vessel unless an industrial personnel safety certificate has been issued in respect of it, which certificate remains valid under this Part.

• (15) The master of an offshore service vessel carrying or accommodating industrial personnel shall not proceed to sea without a valid industrial personnel safety certificate pertaining to the vessel being carried on board.

• (16) A person who fails to comply with subsection (5), (10), (12), (13), (14) or (15) commits an offence and is liable on summary conviction to a class A fine.

49. Endorsement, extension, suspension and revocation of certificates

49. (1) Where an authorised person carries out an annual, intermediate or periodic inspection of an offshore service vessel, he or she may endorse the industrial personnel safety certificate concerned to record that the vessel continues to comply with offshore service vessel and industrial personnel rules.

• (2) An authorised person may extend the validity of an industrial personnel safety certificate issued under section 48(3) or (4) by a period not exceeding 3 months from its expiry date for the purposes of allowing the offshore service vessel to complete its voyage to a port in which a survey may be carried out.

• (3) Where, on the expiration of the period of validity of an industrial personnel safety certificate, a further industrial personnel safety certificate in respect of the offshore service vessel (in this Part referred to as a “renewal certificate”) is issued pursuant to section 48(3) or (4), then regardless of whether the industrial personnel safety certificate has been extended under subsection (2), the period of validity of the renewal certificate shall commence on the date immediately after the original date of expiry of the industrial personnel safety certificate.

• (4) Where a renewal certificate is issued in circumstances where an industrial personnel safety certificate has been extended under subsection (2), the latter certificate shall be withdrawn.

• (5) Where the Minister is satisfied that—

• (a) a declaration of survey was issued on the basis of false or misleading information,

• (b) significant changes have been made to the structure, equipment or fittings of an offshore service vessel without prior approval by the Minister under section 48(13),

• (c) the vessel has suffered significant damage and it has become unsuitable to operate in the manner for which it is certified, or

• (d) the owner or master of a vessel has failed to comply with a condition, limitation or restriction specified in the certificate,

the Minister may suspend or revoke the industrial personnel safety certificate of the vessel.

• (6) Where an industrial personnel safety certificate has been suspended, the Minister may, having been satisfied that an additional survey has been carried out and corrective measures addressing the cause of the suspension implemented, lift the suspension and endorse the certificate to record that the vessel complies with offshore service vessel and industrial personnel rules.

• (7) Where an industrial personnel safety certificate has been revoked, a certificate may be issued under section 48(3) or (4) only where the vessel has undergone a renewal survey.

• (8) Where an industrial personnel safety certificate has been suspended or revoked, the master of the offshore service vessel shall not operate the vessel as an offshore service vessel or carry industrial personnel for the purpose of offshore industrial activities, unless, where a certificate has been suspended, the suspension is lifted under subsection (6) or, where a certificate has been revoked, a certificate is issued under section 48(3) or (4) following a renewal survey pursuant to subsection (7).

• (9) The master or owner of a vessel or his or her representative in the State may appeal the suspension or revocation of an industrial personnel safety certificate under subsection (5).

• (10) An appeal under subsection (9) may be taken within 7 working days of the suspension or revocation of an industrial personnel safety certificate and shall be made to the judge of the Circuit Court in whose Circuit the port in which the vessel concerned is, or was, at the time of the revocation or suspension, berthed or docked.

• (11) Where the judge of the Circuit Court concerned considers that there is good and sufficient reason for extending the period referred to in subsection (10), he or she may do so.

• (12) On the hearing of an appeal under subsection (10), the judge may—

• (a) confirm the suspension or revocation,

• (b) set aside the suspension or revocation, or

• (c) set aside the suspension or revocation and replace it with such other decision as the judge considers just and appropriate.

50. Detention of offshore service vessels

50. (1) Where a surveyor of ships has reason to believe that an offshore service vessel is not in compliance with this Part or offshore service vessel and industrial personnel rules and, in his or her opinion, the detention of the vessel is necessary to protect the vessel or the environment or the health and safety of the crew, industrial personnel or passengers, he or she may stop and detain the vessel or direct it to a place in the State deemed appropriate for its detention.

• (2) Where an offshore service vessel is being detained under subsection (1), the surveyor of ships shall serve a notice (in this section referred to as a “notice of detention”) on the master of the vessel.

• (3) A notice of detention shall—

• (a) state the grounds upon which the vessel is detained,

• (b) identify the provision of this Part or rules referred to in subsection (1) that has or has not been or is not being complied with,

• (c) specify the action to be taken before the notice will be withdrawn and, where appropriate, the period within which that action shall be taken,

• (d) inform the master of the vessel of the requirement to confirm compliance under subsection (4),

• (e) inform the master of the right to appeal the notice under subsection (8),

• (f) state that a failure to comply with a notice is an offence, and

• (g) be signed and dated by the surveyor of ships.

• (4) The master of a vessel on whom a notice of detention has been served who is of the opinion that the notice has been complied with shall confirm such compliance in writing to the Minister.

• (5) The owner or master of a vessel shall comply with an action specified in a notice of detention and shall not move a vessel other than in a manner that may be determined by the surveyor of ships under subsection (1).

• (6) A vessel may be released from detention under this section if a surveyor of ships is satisfied that the action specified in the notice of detention has been carried out and in these circumstances the surveyor of ships shall issue a notice of release to the master of the vessel.

• (7) When exercising powers under this section, a surveyor of ships may be accompanied by members of An Garda Síochána, persons holding commissioned naval rank in the Permanent Defence Forces or officers of the Revenue Commissioners, and those persons may take with them any equipment or materials (including firearms or other weapons where the person is a member of the Defence Forces or An Garda Síochána) to assist the surveyor in the exercise of his or her powers.

• (8) An appeal may be taken within 7 working days after the date of service of the notice of detention and such an appeal shall be to the judge of the Circuit Court in whose Circuit the port in which the vessel concerned is or was at the time of the detention berthed or docked.

• (9) On the hearing of an appeal under subsection (8), the judge may—

• (a) confirm the notice of detention,

• (b) set aside the notice of detention, or

• (c) make such modifications to the notice of detention as he or she considers just and appropriate.

51. Penalties

51. (1) A person who breaches section 46(8), section 49(8) or section 50(4) or (5) commits an offence and is liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or to both, or

• (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or to both.

• (2) A summary offence under this Part may be prosecuted by the Minister.

52. Consequential and miscellaneous amendments

52. (1) The Merchant Shipping Act 1894 is amended—

• (a) by the substitution of the following section for section 418:

“418. (1) The Minister for Transport may make regulations for the prevention of collisions at sea.

• (2) Regulations under this section may prescribe—

  • (a) the conduct of vessels—

    • (i) in any condition of visibility,

    • (ii) in restricted visibility,

    • (iii) in sight of one another, and

    • (iv) restricted in their ability to manoeuvre,

  • (b) requirements for maintaining a safe look-out and safe speed,

  • (c) actions to be taken to avoid collisions,

  • (d) responsibilities between vessels,

  • (e) requirements for lights and shapes, visibility of lights, towing and pushing, sound and light signals, equipment for sound signals, manoeuvring and warning signals,

  • (f) requirements for the survey of vessels for compliance with regulations made under this section,

  • (g) such requirements as the Minister considers necessary to give effect to the provisions of the international collision regulations, and

  • (h) such requirements for the inspection of vessels as the Minister considers necessary to ensure continued compliance with regulations made under this section.

• (3) Regulations made under this section shall apply 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 circumstances that neither the master nor the owner of the ship could have prevented or forestalled.

• (4) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

• (5) In this section—

‘international collision regulations’ means the International Maritime Organization’s Convention on the International Regulations for Preventing Collisions at Sea 1972 and any amendments made to it up to and including those adopted by the 28th Session of the Assembly of the International Maritime Organization on 4 December 2013 through Resolution A.1085(28);

‘Irish ship’ means a ship, other than a ship of war, known as such under section 9 of the Mercantile Marine Act 1955.”,

and

• (b) by the substitution of the following section for section 420:

“420. (1) A surveyor of ships may—

• (a) survey any ship for compliance with regulations made under section 418,

• (b) inspect any ship for the purpose of ensuring that the ship is properly provided with lights and means of making fog signals in conformity with regulations made under section 418 and, if the surveyor finds that the ship is not so provided, he or she shall give to the master or owner notice in writing indicating the deficiencies and what is required to rectify them,

• (c) board and inspect any ship for the purposes of ensuring that a deficiency is remedied in accordance with a notice under paragraph (b), and

• (d) for the purposes of a survey under paragraph (a) or inspection under paragraph (b) or (c), carry out such tests (either on the ship, ashore or at dock), ask such questions, inspect such documents and records and have access to such systems or equipment as he or she considers appropriate for that purpose.

• (2) Where a ship, in respect of which a notice has been given to its owner or master under subsection (1)(b), proceeds or attempts to proceed to sea before the deficiencies specified in the notice, which deficiencies are required to be remedied before proceeding to sea, have been addressed, then the person to whom the notice is addressed commits an offence and is liable—

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

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

• (3) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, prescribe fees for any surveys, inspections or tests referred to in subsection (1) and different amounts may be prescribed in respect of different classes of surveys, inspections or tests.”.

• (2) The Merchant Shipping (Safety Convention) Act 1952 is amended—

• (a) in section 3(1)—

• (i) by the insertion of the following definition:

“ ‘surveyor of ships’ means a person appointed under section 724 of the Principal Act to be a surveyor of ships for the purposes of that Act;”,

and

• (ii) by the substitution of the following definition for the definition of “Safety Convention”:

“ ‘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 106th session of the Maritime Safety Committee of the International Maritime Organisation held between 2 and 11 November 2022 and which have entered into force in respect of the State pursuant to Article VIII of the Convention prior to the enactment of the Merchant Shipping (Investigation of Marine Accidents) Act 2025;”,

• (b) in section 18—

• (i) by the substitution of the following subsection for subsection (1):

• “(1) The Minister may make rules (‘navigation and tracking rules’) prescribing requirements for—

  • (a) navigation and tracking systems and equipment including the position, method of fitting and maintenance of such systems and equipment,

  • (b) the survey of navigation and tracking systems and equipment for compliance with rules made under this section, including the extent, manner and intervals of such surveys, and

  • (c) the inspection of navigation and tracking systems and equipment to ensure continued compliance with rules made under this section.”,

• (ii) in subsection (8), by the substitution of “board, survey and inspect” for “board and inspect”,

• (iii) in subsection (9), by the substitution of “carrying out a survey or inspection” for “making an inspection”,

• (iv) in subsection (10), by the substitution of “board, survey and inspect” for “board and inspect”, and

• (v) in subsection (11), by the substitution of “a survey or inspection” for “an inspection”,

• (c) in section 22—

• (i) in subsection (1)—

• (I) by the deletion of “and to such international voyages as she is to be engaged on”, and

• (II) by the substitution of “complies with such requirements” for “complies with such of the requirements of the Safety Convention relating to those matters as are applicable as aforesaid”,

and

• (ii) in subsection (2)—

• (I) by the deletion of “and to such international voyages as she is to be engaged on”, and

• (II) by the deletion, in paragraph (a), of “of the Safety Convention, being requirements the subject”,

• (d) in section 23—

• (i) in subsection (1)—

• (I) by the deletion of “and to such international voyages as she is to be engaged on”, and

• (II) by the substitution of “complies with such requirements” for “complies with such of the requirements of the Safety Convention relating to radiocommunications and navigation and tracking systems and equipment as are applicable as aforesaid”,

• (ii) in subsection (2)—

• (I) by the deletion of “and to such international voyages as she is to be engaged on”, and

• (II) by the deletion, in paragraph (a), of “of the Safety Convention”,

and

• (iii) in subsection (3), by the deletion of “of the Safety Convention”,

and

• (e) in section 36, by the substitution of the following subsection for subsection (1):

• “(1) The Minister may make rules prescribing requirements for—

  • (a) what signals shall be used by ships as signals of distress and the circumstances in which, and the purposes for which, any such signal is to be used and the circumstances in which it is to be revoked,

  • (b) the survey of vessels for compliance with rules made under this section, including the extent, manner and intervals of such surveys, and

  • (c) the inspection of vessels for compliance with rules made under this section.”.

• (3) The Merchant Shipping Act 1992 is amended—

• (a) in section 2(1)—

• (i) by the insertion of the following definitions:

“ ‘dangerous goods’ means those goods referred to in the International Maritime Dangerous Goods (IMDG) Code adopted by the Maritime Safety Committee of the IMO by Resolution MSC.122(75) on 24 May 2002, and any amendments made to it up to and including those adopted by the 105th session of the Maritime Safety Committee by Resolution MSC.501(105) of 28 April 2022;

‘offshore facility’ means a structure, floating or fixed, used to support offshore industrial activities;

‘offshore industrial activities’ mean the construction, maintenance, decommissioning, operation or servicing of offshore facilities including those related to exploration and exploitation of resources by the renewable or hydrocarbon energy sector, aquaculture, ocean mining or similar activities;

‘offshore service vessel’ means a vessel carrying or accommodating more than 12 industrial personnel in relation to which an industrial personnel safety certificate has been issued under section 48 of the Merchant Shipping (Investigation of Marine Accidents) Act 2025 (No. 2 of 2025), which certificate remains valid under Part 5 of the Act;

‘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 2009³ on common rules and standards for ship inspections and survey organisations (Recast);”,

• (ii) in the definition of “passenger boat”, by the substitution of “a vessel in respect of which a certificate is in force or an offshore service vessel” for “or a vessel in respect of which a certificate is in force”,

• (iii) in the definition of “passenger ship”, by the insertion of “or an offshore service vessel” after “but does not include such a vessel carrying passengers to or from the State or having passengers on board for the purposes of such carriage”,

and

• (b) by the substitution of the following section for section 18:

“18. (1) The Minister may make regulations prescribing requirements and standards—

• (a) for the design, construction, subdivision, maintenance, seaworthiness and stability, equipment, machinery and machinery installations, electrical installations, radio installations, accommodation, fire safety and protection, life-saving appliances, dangerous goods, transfer arrangements, safety management, safe navigation, radio and navigation systems and equipment, energy sources and propulsion systems and equipment and compliance with rules of recognised organisations in relation to passenger boats,

• (b) for the carriage of passengers by passenger boat to offshore facilities or other ships facilitating offshore industrial activities, including training, medical fitness, health and safety and on-board familiarisation regarding safety, equipment, communications, manning and transfer arrangements,

• (c) to ensure the safety of—

  • (i) passenger boats,

  • (ii) the passengers and the crew of passenger boats, and

  • (iii) other persons, and of property, from injury or damage caused by, resulting from or arising out of the use of passenger boats,

  and

• (d) to ensure that the use of a passenger boat does not create a disturbance or constitute a nuisance.

• (2) Without prejudice to subsection (1), the regulations made under subsection (1) may—

  • (a) prohibit the having on board or the carriage of passengers or other persons by vessels, or specified classes of vessels, the subject of licences unless there are in force policies of insurance under which the owners of the vessels or, if the vessels are on hire, the persons to whom they are on hire are insured to a specified extent against specified risks,

  • (b) make provision for ascertaining, setting and testing the standards of competence of masters and of any other members of the crew of vessels the subject of licences, whether by examination, interview or otherwise, and the prohibition of those who do not reach such standards of competence as the Minister considers appropriate from working as masters or, as the case may be, other members of the crews of such vessels and the prohibition of owners of such vessels from employing as masters or other members of the crews of the vessels those who do not reach such standards as aforesaid,

  • (c) provide for the registration of passenger boats or specified classes of passenger boats and the licensing or certification of masters or persons in control of or operating passenger boats or passenger boats of a specified class,

  • (d) regulate the use of passenger boats or specified classes of passenger boats by reference to the age or other qualifications of masters or persons in control of or operating passenger boats or passenger boats of a specified class,

  • (e) regulate or prohibit the use of passenger boats or specified classes of passenger boats in particular circumstances, and the consumption of alcohol or drugs by masters or persons in control of or operating passenger boats or passenger boats of a specified class,

  • (f) require and regulate the use of personal flotation devices on specified classes of passenger boats,

  • (g) regulate the carriage of vehicles on board a passenger boat or prohibit vehicles of a specified class being carried on board a passenger boat designed to carry vehicles,

  • (h) regulate or prohibit the carriage of goods or materials of a specified class on passenger boats or on passenger boats of a specified class,

  • (i) regulate the number of persons that may be carried on passenger boats of a specified class, or

  • (j) regulate or prohibit the towing of anything by or from passenger boats or passenger boats of a specified class.

• (3) Regulations under this section may make provision for such consequential, incidental, ancillary and supplementary matters (including the enforcement of the regulations and, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, the charging of fees) as the Minister considers necessary or expedient.

• (4) In making such regulations under this section the Minister may categorise passenger boats into different classes having regard to one or more of the following:

  • (a) the size, shape, speed, categorisation or configuration of a passenger boat;

  • (b) the service for which the passenger boat is to be employed;

  • (c) the plying limits, embarkation and disembarkation for a passenger boat;

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

  • (e) the number of passengers, crew or other persons to be carried on board a passenger boat;

  • (f) the type of cargo carried, including dangerous goods;

  • (g) the age and date of construction of a passenger boat;

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

• (5) Different regulations may be made in respect of different classes of passenger boat, and for different circumstances and different areas of operation.

• (6) In making such regulations under this section the Minister may determine the number of passengers, crew and other persons to be carried on board a passenger boat, depending on the class of passenger boat, subject to a maximum of 12 persons excluding crew members.

• (7) Where there is a breach of a provision of regulations made under this section, which provision is stated in those regulations to be a penal provision—

  • (a) (other than in respect of a matter referred to in subsection (2)(a)), the owner and (if the passenger boat is in use) the master of the vessel each commits an offence and each is liable on summary conviction to a class A fine, or

  • (b) in respect of a matter referred to in subsection (2)(a), the owner of the passenger boat (or, if the passenger boat is on hire, the person to whom it is on hire) and the master of the vessel each commits an offence and each is liable—

    • (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or

    • (ii) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years, or to both.

• (8) Regulations made under section 18 (inserted by section 47 of the Maritime Safety Act 2005) which are in force immediately before the commencement of section 52(3)(b) of the Merchant Shipping (Investigation of Marine Accidents) Act 2025 shall continue in force as if they were made under this section and may be amended or revoked accordingly.”.

• (4) The Maritime Safety Act 2005 is amended—

• (a) in section 34, by the substitution of the following subsection for subsection (1):

• “(1) The Minister may make regulations—

  • (a) specifying such charts, nautical directions or information or other nautical publications as appear to him or her to be necessary or expedient for the safe operation of vessels and such regulations may require—

    • (i) Irish ships, or such class or description of such ships as is specified in the regulations, to carry either at all times or on such voyages as is so specified,

    • (ii) vessels which are not Irish ships, or such class or description of such vessels as is so specified, to carry at any time while they are in Irish waters or such of those waters as is so specified,

    either a copy of all, or a copy of such as are so specified, of the charts, nautical directions or information or other nautical publications so specified,

  • (b) prescribing requirements for the survey of vessels for compliance with regulations made under this section, including the extent, manner and intervals of such surveys, and

  • (c) prescribing requirements for the inspection of vessels to ensure continued compliance with regulations made under this section.”,

and

• (b) in section 40, by the substitution in subsection (1) of “board, survey and inspect” for “board and inspect”.

• (5) The Merchant Shipping Act 2010 is amended—

• (a) in section 42—

• (i) by the insertion of the following definition:

“ ‘domestic voyage’ means a voyage from a place in the State to the same or another place within the State;”,

• (ii) by the substitution of the following definition for the definition of “High Speed Craft Code 1994”:

“ ‘High-Speed Craft Code 1994’ means the International Code of Safety for High-Speed Craft, 1994 adopted by the 63rd session of the Maritime Safety Committee of the IMO by Resolution MSC.36(63) and any amendments made to it up to and including the amendments adopted by the 105th session of the Maritime Safety Committee of the IMO on 28 April 2022 by Resolution MSC.498(105);”,

and

• (iii) by the substitution of the following definition for “High-Speed Craft Code 2000”:

“ ‘High-Speed Craft Code 2000’ means the International Code for Safety for High-Speed Craft, 2000 adopted by the 73rd session of the Maritime Safety Committee of the IMO by Resolution MSC.97(73), and any amendments made to it up to and including the amendments adopted by the 105th session of the Maritime Safety Committee of the IMO on 28 April 2022 by Resolution MSC.499(105);”,

• (b) in section 43, by the substitution of the following paragraph for paragraph (1)(a):

• “(1)

  • (a) Subject to paragraph (b), this Chapter applies to—

    • (i) Irish ships which are high-speed craft constructed—

      • (I) on or after 1 January 1996 and before 1 July 2002 under the High-Speed Craft Code 1994, or

      • (II) after 1 July 2002 under the High-Speed Craft Code 2000,

    • (ii) Irish ships which are high-speed craft on a domestic voyage,

    • (iii) Irish ships which are high-speed craft of 500 gross tonnage or less on an international voyage,

    • (iv) any other high-speed craft while it is within a port in the State, unless it would not have been in any such port but for the stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled,

    and which does not proceed in the course of its voyage—

    - (I) where the ship is a passenger ship, more than 4 hours at 90 per cent of maximum speed from a place of refuge, and
    
    - (II) in any other case, more than 8 hours at 90 per cent of maximum speed from a place of refuge when fully laden.”,
    

• (c) in section 57—

• (i) by the substitution of the following definition for the definition of “IMO principles of safe manning”:

“ ‘IMO principles of safe manning’ means the principles of safe manning adopted by the 27th session of the Assembly of the IMO on 30 November 2011 by Resolution A.1047(27) of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea 1974;”

and

• (ii) by—

• (I) the substitution of “section 59;” for “section 59.” in the definition of “safe manning regulations”, and

• (II) the insertion after the definition of “safe manning regulations” of the following definition:

“ ‘sea-going’ means going beyond the limits of smooth and partially smooth waters (within the meaning of the Merchant Shipping (Fire Protection) Rules 2023 (S.I. No. 379 of 2023)).”,

• (d) in section 58, by the substitution of the following subsection for subsection (1):

• “(1) Subject to subsection (2), this Chapter applies to—

  • (a) Irish ships to which Chapter 1 of the Annex to the Safety Convention applies,

  • (b) other Irish sea-going ships as the Minister may by regulations determine, and

  • (c) any other ship while in any port in the State unless it would not have been in such port but for the stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.”,

• (e) in section 82—

• (i) in subsection (2)—

• (I) by the substitution of “Rules for life-saving appliances may provide” for “Without prejudice to subsection (1) may provide”,

• (II) in paragraph (o), by the substitution of “fire,” for “fire, and”,

• (III) in paragraph (p), by the substitution of “fire,” for “fire.”, and

• (IV) by the insertion of the following paragraphs after paragraph (p):

• “(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.”,

and

• (ii) in subsection (9)—

• (I) in paragraph (a), by the substitution of “board, survey and inspect” for “board and inspect”, and

• (II) in paragraph (d), by the substitution of “a survey or inspection” for “an inspection”,

• (f) in section 84—

• (i) by the substitution of the following subsection for subsection (1):

• “(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.”,

• (ii) in subsection (10), by the substitution of “board, survey and inspect” for “board and inspect”, and

• (iii) in subsection (12), by the substitution of “a survey or inspection” for “an inspection”,

and

• (g) in section 87, by the substitution of the following subsection for subsection (1):

• “(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.”.

Footnotes