(LRC Revised)

Number 2 of 1992

MERCHANT SHIPPING ACT 1992

REVISED

Updated to 1 June 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Merchant Shipping Act 1992

. 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

Finance (Provision of Access to Cash Infrastructure) Act 2025

(4/2025), enacted 20 May 2025, and all statutory instruments up to

and including the

Agriculture, Food and the Marine (Delegation of Ministerial Functions) Order 2025

(S.I. No. 244 of 2025), made 4 June 2025, were considered in the preparation of this

revision.

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.

Number

2

of

1992

MERCHANT SHIPPING ACT 1992

REVISED

Updated to

1 June 2025

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title,

commencement, construction and collective citation.

2.

Interpretation.

3.

Laying of

regulations before Houses of Oireachtas.

4.

Repeals.

5.

Expenses.

PART II

Passenger Ships

6.

Annual

survey.

7.

Mode of survey

and declaration of survey for purposes of issue of passenger ship's

certificate.

8.

Issue of

passenger ship's certificate.

9.

Revocation and

suspension of certificate.

10.

Display of

certificate.

11.

False

declaration of survey or certificate.

12.

Uncertificated

passenger ship.

13.

Insurance of

passenger ships.

PART III

Passenger Boats

14.

Prohibition of

unlicensed passenger boats.

14A.

Exemptions from licensing requirements.

15.

Passenger boat

licences.

16.

Revocation and

suspension of licences.

17.

Production of

licences and marking of passenger boats.

18.

Safety of

passenger boats and their passengers and crews

PART IV

Miscellaneous

19.

Safety of

fishing vessels and their crews.

20.

Safety of

pleasure craft and their occupants.

21.

Appeal to

District Court.

22.

Forfeiture.

23.

Conduct

endangering vessels, structures or individuals.

(Repealed)

24.

Drunkeness,

etc., of passengers or members of crew.

(Repealed)

25.

Powers of

authorised officers.

26.

Power to detain

certain vessels.

27.

Provisions

regarding certain offences.

28.

Amendment of

Merchant Shipping Act, 1947.

29.

Amendment of

Merchant Shipping (Safety Convention) Act, 1952.

(Repealed)

30.

Information.

31.

Fees.

32.

Provisions in

relation to prosecutions.

33.

Power or

function may be exercised by a statutory authority or body.

(Repealed)

34.

Provisions

relating to certain offences under regulations made under section 18, 19 or

20.

(Repealed)

35.

Careless

navigation or operation of vessels.

(Repealed)

36.

Dangerous

navigation or operation of vessels.

(Repealed)

37.

Recovery of cost

of Minister.

(Repealed)

SCHEDULE

Enactments Repealed

Acts Referred to

Harbours Act, 1946

1946, No. 9

Mercantile Marine Act, 1955

1955, No. 29

Merchant Shipping Act, 1894

1894, c. 60

Merchant Shipping Act, 1906

1906, c. 48

Merchant Shipping Act, 1947

1947, No. 46

Merchant Shipping (Safety Convention) Act, 1952

1952, No. 4

Merchant Shipping Act, 1966

1966, No. 29

Merchant Shipping (Certification of Seamen) Act, 1979

1979, No. 37

Merchant Shipping Act, 1981

1981, No. 33

Merchant Shipping Acts, 1894 to 1983

Public Health Acts Amendment Act, 1907

1907, c. 53

Public Offices Fees Act, 1879

1879, c. 58

Number

2

of

1992

MERCHANT SHIPPING ACT 1992

REVISED

Updated to

1 June 2025

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE SAFETY OF PASSENGER SHIPS, PASSENGER

BOATS, FISHING VESSELS AND PLEASURE CRAFT, TO AMEND THE MERCHANT SHIPPING ACTS, 1894

TO 1983, AND TO PROVIDE FOR RELATED MATTERS. [11

th March

, 1992]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering

text)

C1

Application of Act

restricted (21.09.2011) by

European Communities (Birds and Natural Habitats)

Regulations 2011

(S.I. No. 477 of 2011), reg. 44(22) and sch. 2.

Screening for

Appropriate Assessment and Appropriate Assessment of implications for European

Sites

42.

— ...

(22) Notwithstanding any provision of any

statute listed in the Second Schedule that provides for the consent for a plan or

project to which this Regulation applies to be obtained by default on the failure

of the public authority to provide a response within a specified timescale or

otherwise, that provision shall not have effect in respect of any plan or project

to which this Regulation applies.

...

SECOND SCHEDULE

...

Maritime Safety Acts 1992 to 2006

...

C1

Functions under

collectively cited

Maritime Safety Acts

and

Merchant Shipping

Acts

transferred and references to Department of and Minister for

Communications, Marine and Natural Resources construed (1.01.2006) by

Maritime Transport, Safety and Security (Transfer of Departmental

Administration and Ministerial Functions) Order 2005

(S.I. No. 842 of

2005), arts. 3, 4 and sch. 1 part 2, in effect as per art. 1(2), subject to

transitional provisions in arts. 5-9.

3. (1) The administration and business in

connection with the exercise, performance or execution of any functions

transferred by Article 4 of this Order are transferred to the Department of

Transport.

(2) References to the Department of

Communications, Marine and Natural Resources contained in any Act or instrument

made thereunder and relating to any administration and business transferred by

paragraph (1) of this Article shall, from the commencement of this Order, be

construed as references to the Department of Transport.

4. (1) The functions vested in the Minister for

Communications, Marine and Natural Resources -

(a) by or under the Acts specified in

Part 1,

(b) by or under the provisions of the

Acts specified in Part 2, and

(c) under the Regulations specified in

Part 3,of the Schedule to this Order are transferred to the Minister for

Transport.

(2) References to the Minister for

Communications, Marine and Natural Resources contained in any Act or instrument

made thereunder and relating to any functions transferred by this Article

shall, from the commencement of this Order, be construed as references to the

Minister for Transport.

…

Schedule 1

Part 1

Acts

Free Ports Act 1986 (No. 6 of 1986)

Harbours Acts 1946 to 2005

Harbours Acts 1996 to 2005 (other than section 86 of the Harbours Act

1996 (No. 11 of 1996))

Irish Shipping Limited (Payments to Former Employees) Act 1994 (No. 10

of 1994)

Lough Corrib Navigation Act 1945 (No. 37 of 1945)

Maritime Safety Acts 1992 to 2005

Mercantile Marine Acts 1955 to 1983

Merchant Shipping Acts 1894 to 2005

Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988

to 2005

Sea Pollution Acts 1991 to 1999

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (No. 9 of

2005)

Shipping Investment Grants Act 1987 (No. 21 of 1987).

...

Annotations

Modifications (not altering

text)

C1

Application of Act

restricted (21.09.2011) by

European Communities (Birds and Natural Habitats)

Regulations 2011

(S.I. No. 477 of 2011), reg. 44(22) and sch. 2.

Screening for

Appropriate Assessment and Appropriate Assessment of implications for European

Sites

42.

— ...

(22) Notwithstanding any provision of any

statute listed in the Second Schedule that provides for the consent for a plan or

project to which this Regulation applies to be obtained by default on the failure

of the public authority to provide a response within a specified timescale or

otherwise, that provision shall not have effect in respect of any plan or project

to which this Regulation applies.

...

SECOND SCHEDULE

...

Maritime Safety Acts 1992 to 2006

...

C1

Functions under

collectively cited

Maritime Safety Acts

and

Merchant Shipping

Acts

transferred and references to Department of and Minister for

Communications, Marine and Natural Resources construed (1.01.2006) by

Maritime Transport, Safety and Security (Transfer of Departmental

Administration and Ministerial Functions) Order 2005

(S.I. No. 842 of

2005), arts. 3, 4 and sch. 1 part 2, in effect as per art. 1(2), subject to

transitional provisions in arts. 5-9.

3. (1) The administration and business in

connection with the exercise, performance or execution of any functions

transferred by Article 4 of this Order are transferred to the Department of

Transport.

(2) References to the Department of

Communications, Marine and Natural Resources contained in any Act or instrument

made thereunder and relating to any administration and business transferred by

paragraph (1) of this Article shall, from the commencement of this Order, be

construed as references to the Department of Transport.

4. (1) The functions vested in the Minister for

Communications, Marine and Natural Resources -

(a) by or under the Acts specified in

Part 1,

(b) by or under the provisions of the

Acts specified in Part 2, and

(c) under the Regulations specified in

Part 3,of the Schedule to this Order are transferred to the Minister for

Transport.

(2) References to the Minister for

Communications, Marine and Natural Resources contained in any Act or instrument

made thereunder and relating to any functions transferred by this Article

shall, from the commencement of this Order, be construed as references to the

Minister for Transport.

…

Schedule 1

Part 1

Acts

Free Ports Act 1986 (No. 6 of 1986)

Harbours Acts 1946 to 2005

Harbours Acts 1996 to 2005 (other than section 86 of the Harbours Act

1996 (No. 11 of 1996))

Irish Shipping Limited (Payments to Former Employees) Act 1994 (No. 10

of 1994)

Lough Corrib Navigation Act 1945 (No. 37 of 1945)

Maritime Safety Acts 1992 to 2005

Mercantile Marine Acts 1955 to 1983

Merchant Shipping Acts 1894 to 2005

Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988

to 2005

Sea Pollution Acts 1991 to 1999

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (No. 9 of

2005)

Shipping Investment Grants Act 1987 (No. 21 of 1987).

...

Number

2

of

1992