Merchant shipping act 2010

• Enactment Date: 03 July 2010
• Act Number: 14

Number 14 of 2010
MERCHANT SHIPPING ACT 2010
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and collective citation.
2. Definitions.
3. Expenses.
4. Offence by body corporate and summary proceedings.
5. Laying of orders, regulations and rules before Houses of Oireachtas.
PART 2
Construction, Radio, Navigation and Tracking and Bulk Carrier Rules and Categorisation of Vessels
6. Definitions — Act of 1952.
7. Construction rules.
8. Radiocommunications rules.
9. Navigation and tracking rules.
10. Exemption of certain ships from certain provisions of Act of 1952.
11. Increase of fines, etc. (Act of 1952).
12. Cargo ship construction and survey rules.
13. Cargo ship safety certificate.
14. Bulk carrier rules.
15. Categorisation of vessels under safety regulations.
PART 3
RULES AND REGULATIONS FOR CERTAIN VESSELS
Chapter 1
Chemical Tanker Rules
16. Definitions (Chapter 1).
17. Application (Chapter 1).
18. Chemical tanker rules.
19. Certification and endorsement (Chapter 1).
20. Duties of owners and masters (Chapter 1).
21. Compliance (Chapter 1).
22. Transfer of ship (Chapter 1).
23. Powers of surveyors (Chapter 1).
24. Offences (Chapter 1).
Chapter 2
Liquefied Gas Carriage Rules
25. Definitions (Chapter 2).
26. Application (Chapter 2).
27. Liquefied gas carriage rules.
28. Certification and endorsement (Chapter 2).
29. Duties of owners and masters (Chapter 2).
30. Compliance (Chapter 2).
31. Transfer of ship (Chapter 2).
32. Powers of surveyors (Chapter 2).
33. Offences (Chapter 2).
Chapter 3
Nuclear Carriage Rules
34. Definitions (Chapter 3).
35. Application (Chapter 3).
36. Nuclear carriage rules.
37. Certification.
38. Duties of owners and masters (Chapter 3).
39. Compliance (Chapter 3).
40. Powers of surveyors (Chapter 3).
41. Offences (Chapter 3).
Chapter 4
High-Speed Craft
42. Definitions (Chapter 4).
43. Application (Chapter 4).
44. High-speed craft rules.
45. Certification and endorsement of high-speed craft (Chapter 4).
46. Duties of owners and masters (Chapter 4).
47. Compliance (Chapter 4).
48. Powers of surveyors (Chapter 4).
49. Offences (Chapter 4).
Chapter 5
Tendering Operations Regulations
50. Definitions (Chapter 5).
51. Application (Chapter 5).
52. Tendering operations regulations.
53. Issue of permit to tender.
54. Duties of owners and masters (Chapter 5).
55. Powers of surveyors (Chapter 5).
56. Offences (Chapter 5).
Chapter 6
Safe Manning Regulations
57. Definitions (Chapter 6).
58. Application (Chapter 6).
59. Safe manning regulations.
60. Safe manning document.
61. Duties of owners and masters (Chapter 6).
62. Powers of surveyors (Chapter 6).
63. Offences (Chapter 6).
Chapter 7
Unsafe ships
64. Application (Chapter 7).
65. Detention.
66. Notice of detention.
PART 4
Access for Persons with Reduced Mobility to Passenger Vessels
67. Definitions (Part 4).
68. Regulations.
69. Codes of practice.
70. Use of codes of practice in criminal proceedings.
71. Authorised persons.
72. Powers of authorised persons.
73. Fixed payment notice (Part 4).
Part 5
Raising of Sunken Vessels
74. Definitions (Part 5).
75. Power to raise sunken vessel.
76. Disposal of a raised vessel.
77. Costs.
78. Immunities from claims.
79. Obstruction.
80. Notification to receiver of wreck.
81. Foreign vessels raised under Part 5.
PART 6
Safety Measures
82. Rules for life-saving appliances and arrangements.
83. Approval of service stations.
84. Fire protection rules.
85. Entry into log-book of boat-drill, etc.
86. Prohibition on proceeding to sea on international voyage without approved signalling lamp or device.
PART 7
Maritime Labour Convention 2006
87. Maritime Labour Convention 2006.
PART 8
Miscellaneous
88. Prohibition on obstruction of surveyor of ships.
89. Application to Circuit Court — compliance order and appeals.
90. Fees — Certificates and inspections under Act and surveys under Act of 1952.
91. Fees — Merchant Shipping (Certification of Seamen) Act 1979.
92. Confirmation of acts of Marine Casualty Investigation Board.
93. Medical fitness of pilots and repeal.
Acts Referred to
Disability Act 2005 2005, No. 14 Employment Equality Act 1998 1998, No. 21 Harbours Act 1996 1996, No. 11 Maritime Safety Act 2005 2005, No. 11 Mercantile Marine Act 1955 1955, No. 29 Merchant Shipping (Certification of Seamen) Act 1979 1979, No. 37 Merchant Shipping (Investigation of Marine Casualties) Act 2000 2000, No. 14 Merchant Shipping (Miscellaneous Provisions) Act 1998 1998, No. 20 Merchant Shipping (Safety Convention) Act 1952 1952, No. 29 Merchant Shipping (Salvage and Wreck) Act 1993 1993, No. 34 Merchant Shipping Act 1894 1894, c. 60 Merchant Shipping Act 1906 1906, c. 48 Merchant Shipping Act 1966 1966, No. 20 Merchant Shipping Act 1981 1981, No. 33 Merchant Shipping Act 1992 1992, No. 2 Merchant Shipping Acts 1894 to 2000 Merchant Shipping Acts 1894 to 2005 Sea Pollution (Hazardous Substances) (Compensation) Act 2005 2005, No. 9
Number 14 of 2010
MERCHANT SHIPPING ACT 2010
AN ACT TO MAKE PROVISION IN RELATION TO GIVING FURTHER EFFECT TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA SIGNED IN LONDON ON 1 NOVEMBER 1974 AND ITS PROTOCOLS, PROVIDING ACCESS TO PASSENGER VESSELS FOR PERSONS WITH REDUCED MOBILITY, TO ENABLE SUNKEN VESSELS TO BE RAISED, TO GIVE THE FORCE OF LAW TO THE MARITIME LABOUR CONVENTION 2006 ADOPTED AT GENEVA ON 23 FEBRUARY 2006, TO AMEND THE MERCHANT SHIPPING ACTS 1894 TO 2005 AND TO AMEND AND EXTEND PART IV OF THE HARBOURS ACT 1996 AND TO PROVIDE FOR RELATED MATTERS.
[3rd July, 2010]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title and collective citation.	1.— (1) This Act may be cited as the Merchant Shipping Act 2010.
	(2) The Merchant Shipping Acts 1894 to 2000, section 28 of the Sea Pollution (Hazardous Substances) (Compensation) Act 2005 , the Maritime Safety Act 2005 (other than Parts 5 and 6) and this Act (other than section 93 ) may be cited together as the Merchant Shipping Acts 1894 to 2010.
	Definitions.	2.— In this Act—
	“ Act of 1952 ” means Merchant Shipping (Safety Convention) Act 1952;
	“ Act of 1966 ” means Merchant Shipping Act 1966;
	“ Act of 1992 ” means Merchant Shipping Act 1992;
	“ Act of 2000 ” means Merchant Shipping (Investigation of Marine Casualties) Act 2000;
	“ Act of 2005 ” means Maritime Safety Act 2005;
	“ bulk carrier rules ” means rules made under section 14 ;
	“ cargo ship construction and survey rules ” means rules made under section 3 of the Act of 1966;
	“ collision regulations ” means regulations made under section 418 of the Principal Act;
	“ fire protection rules ” means rules made under section 84 ;
	“ Irish ship ” means a ship, other than a ship of war, known as such under section 9 of the Mercantile Marine Act 1955 ;
	“ master ”, in relation to a ship, means the person having, for the time being, the command or charge of the ship;
	“ Merchant Shipping Acts ” means Merchant Shipping Acts 1894 to 2010;
	“ Minister ” means Minister for Transport;
	“navigation and tracking rules” means rules made under section 18 of the Act of 1952;
	“owner”, in relation to a ship, means the person registered in the State, as its owner or, if no person is so registered, the person who owns the ship, and includes any part owner, charterer, manager or operator of the ship;
	“Principal Act” means Merchant Shipping Act 1894 ;
	“radio rules” means rules made under section 15 of the Act of 1952;
	“recognised organisation” means an organisation authorised by the Minister under the European Communities (Ship Inspection and Survey Organisations) Regulations 2003 ( S.I. No. 301 of 2003 ) to carry out surveys or inspections;
	“rules for life-saving appliances” means rules made under section 82 ;
	“Safety Convention” has the meaning assigned to it by section 3(1) of the Act of 1952;
	“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 includes a recognised organisation;
	“survival craft” means a craft capable of sustaining the lives of persons in distress from the time of abandoning a ship.
	Expenses.	3.— The expenses of the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of monies provided by the Oireachtas.
	Offence by body corporate and summary proceedings.	4.— (1) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to, any 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 any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
	(2) The Minister may prosecute summarily an offence under this Act.
	Laying of orders, regulations and rules before Houses of Oireachtas.	5.— Every order, regulation and rule made under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the order, regulation or rule is passed by...