Merchant Shipping Act, 2010

• Jurisdiction: Ireland
• Citation: IR No. 14/2010

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• Act As Enacted
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Number 14 of 2010

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MERCHANT SHIPPING ACT 2010

REVISED

Updated to 8 February 2022

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This Revised Act is an administrative consolidation of the Merchant Shipping Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Electricity Costs (Domestic Electricity Accounts) Emergency Measures Act 2022 (1/2022), enacted 4 March 2022, and all statutory instruments up to and including the Merchant Shipping (Passenger Ships) (Amendment) Rules 2022 (S.I. No. 49 of 2022), made 8 February 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to revisedacts@lawreform.ie.

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Number 11 of 2012

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MERCHANT SHIPPING ACT 2010

REVISED

Updated to 8 February 2022

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Merchant Shipping Acts 1894 to 2015: this Act is one of a group of Acts included in this collective citation (Harbours Act 2015 (61/2015), s. 1(3)). The Acts in this group are:

• Merchant Shipping Act 1894 (57 & 58 Vict. c. 60)

• Merchant Shipping (Exemption from Pilotage) Act 1897 (60 & 61 Vict. c. 61)

• Merchant Shipping (Liability of Shipowners) Act 1898 (61 & 62 Vict. c. 14)

• Merchant Shipping (Mercantile Marine Fund) Act 1898 (61 & 62 Vict. c. 44)

• Merchant Shipping Act 1906 (6 Edw. 7 c. 48)

• Merchant Shipping Act 1907 (7 Edw. 7 c. 52)

• Merchant Shipping (Amendment) Act 1920 (10 Geo. 5 c. 2)

• Merchant Shipping Act 1921 (11 & 12 Geo. 5 c. 28)

• Merchant Shipping (International Labour Conventions) Act 1933 (29/1933)

• Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933)

• Merchant Shipping (Amendment) Act 1939 (12/1939)

• Merchant Shipping Act 1947 (46/1947)

• Merchant Shipping (Safety Convention) Act 1952 (29/1952)

• Merchant Shipping Act 1966 (20/1966)

• Merchant Shipping (Load Lines) Act 1968 (17/1968)

• Merchant Shipping (Certification of Seamen) Act 1979 (37/1979)

• Merchant Shipping Act 1981 (33/1981)

• Merchant Shipping Act 1992 (2/1992)

• Merchant Shipping (Salvage and Wreck) Act 1993 (34/1993)

• Merchant Shipping (Liability of Shipowners and Others) Act 1996 (35/1996)

• Merchant Shipping (Commissioners of Irish Lights) Act 1997 (37/1997)

• Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998)

• Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000)

• Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (9/2005), s. 28

• Maritime Safety Act 2005 (11/2005), other than Parts 5 and 6

• Merchant Shipping Act 2010 (14/2010), other than s. 93

• Local Government Reform Act 2014 (1/2014), s. 1(15), and s. 5(6) and sch. 2 part 6 (in so far as they amend the Merchant Shipping (Salvage and Wreck) Act 1993)

• Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

• Harbours Act 2015 (61/2015), s. 51

Acts previously included in the group but now repealed are:

• Merchant Shipping (Liability of Shipowners & Others) Act 1900 (63 & 64 Vict. c. 32)

• Pilotage Act 1913 (2 & 3 Geo. 5 c. 31)

• Merchant Shipping (Certificates) Act 1914 (4 & 5 Geo. 5 c. 42)

• Merchant Shipping (Convention) Act 1914 (4 & 5 Geo. 5 c. 50)

• Merchant Shipping (Salvage) Act 1916 (6 & 7 Geo. 5 c. 41)

• Merchant Shipping (Wireless Telegraphy) Act 1919 (9 & 10 Geo. 5 c. 38)

• Merchant Shipping (Helm Orders) Act 1932 (32/1932)

• Pilotage (Amendment) Act 1962 (2/1962)

• Fisheries (Amendment) Act 1983 (27/1983), s. 8 in so far as it amends the Merchant Shipping Act 1894 and s. 10(2)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

All Acts up to and including Electricity Costs (Domestic Electricity Accounts) Emergency Measures Act 2022 (1/2022), enacted 4 March 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Merchant Shipping (Passenger Ships) (Amendment) Rules 2022 (S.I. No. 49 of 2022)

• Merchant Shipping (Pilot Transfer Arrangements) Rules 2020 (S.I. No. 686 of 2020)

• Merchant Shipping (Passenger Ships) Rules 2020 (S.I. No. 640 of 2020)

• Merchant Shipping (Maritime Labour Convention) (Shipowners’ Liabilities and Repatriation) (Amendment) Regulations 2020 (S.I. No. 88 of 2020)

• Merchant Shipping (Life-Saving Appliances) Rules 2018 (S.I. No. 438 of 2018)

• Merchant Shipping (Maritime Labour Convention) (Flag State Inspection and Certification) Regulations 2014 (S.I. No. 376 of 2014)

• Merchant Shipping (Maritime Labour Convention) (Shipowners' Liabilities and Repatriation) Regulations 2014 (S.I. No. 375 of 2014)

• Merchant Shipping (Maritime Labour Convention) (Accommodation, Recreational Facilities, Food, Catering and Ships Cooks) Regulations 2014 (S.I. No. 374 of 2014)

• Merchant Shipping (Maritime Labour Convention) (Seafarer Employment Agreement and Wages) Regulations 2014 (S.I. No. 373 of 2014)

• Merchant Shipping (Medical Examinations) Regulations 2014 (S.I. No. 246 of 2014)

• Merchant Shipping Act 2010 (Section 87) (Commencement) Order 2014 (S.I. No. 241 of 2014)

• Merchant Shipping (Fees) (Amendment) Order 2012 (S.I. No. 336 of 2012)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

All statutory instruments up to and including Merchant Shipping (Passenger Ships) (Amendment) Rules 2022 (S.I. No. 49 of 2022), made 8 February 2022, were considered in the preparation of this revision.

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Number 14 of 2010

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MERCHANT SHIPPING ACT 2010

REVISED

Updated to 8 February 2022

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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

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Number 14 of 2010

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MERCHANT SHIPPING ACT 2010

REVISED

Updated to 8 February 2022

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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:

Annotations

Modifications (not altering text):

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

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