lrc_2005_act_11

(LRC Revised)

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LRC Revised Act

Maritime Safety Act 2005 (LRC Revised) Open official source

Number 11 of 2005

MARITIME SAFETY ACT 2005

REVISED

Updated to 29 July 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

Maritime Safety Act 2005

. 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

Statute Law Revision Act 2025

(10/2025), enacted 23 July 2025, and all statutory

instruments up to and including the

Merchant Shipping (Cargo Ship Safety Equipment Survey) Regulations 2025

(S.I. No. 381 of 2025), made 29 July 2025, 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

revisedacts@lawreform.ie.

Number

2005

MARITIME SAFETY ACT 2005

REVISED

Updated to

29 July 2025

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

Short title, collective citation and commencement.

Interpretation.

Repeals.

Expenses.

PART 2

Personal Watercraft and Recreational Craft

Definitions (

Part 2

Bye-laws relating to regulation and control of craft.

Procedure for making bye-laws and publication.

Requirement to cease operating craft or to remove it from waters in certain circumstances.

Seizure of craft in interests of safety, etc.

10.

Operating craft without reasonable consideration.

11.

Power to stop, board and inspect craft, etc.

12.

Obstruction.

13.

Power of arrest.

14.

Forfeiture.

15.

Prohibition from operating craft.

16.

Fixed payment notice.

17.

Authorised persons.

18.

Exemptions from bye-laws under

section 6.

19.

Prosecution of offences, recovery of costs and payment of fines.

PART 3

Prohibitions Relating to Vessels — Codes of Practice for the Safe Operation of Vessels, etc.

20.

Prohibition on sailing unseaworthy vessels.

21.

Seizure of unseaworthy vessels.

22.

Weighing of goods vehicles before loading onto ships.

23.

Careless navigation or operation of vessels.

24.

Dangerous navigation or operation of vessels.

25.

Exclusion.

26.

Defence.

27.

Conduct endangering vessels, structures or individuals.

28.

Prohibition on operating vessels while under influence of alcohol or drugs.

29.

Drunkenness, etc., of passengers or members of crew.

30.

Control of consumption of alcohol or drugs on board vessel.

31.

Prohibition on disruptive behaviour on vessels.

32.

Prohibition on endangering vessels or persons on board.

33.

Directions to passengers on board passenger boats and ships.

34.

Nautical publications.

35.

Codes of practice for vessels.

36.

Use of codes of practice in criminal proceedings.

37.

Non-interference with access to and from ports and harbours.

38.

Directions, etc., to have vessels moved in the interests of safety of life at sea

and marine security, etc.

39.

Authorised persons.

40.

Power to stop, board and inspect vessels, etc.

41.

Power of arrest.

42.

Suspension or cancellation of certificate of competency of master, etc., of ship in

certain circumstances.

43.

Prosecution of summary offences.

44.

Recovery of costs of Minister.

45.

Non-application of

Part 3

to warships, etc.

46.

Definitions (

Part 3

PART 4

Safety Regulations — Passenger Boats, Fishing Vessels and Pleasure Craft — and Amendment of Merchant Shipping Acts

47.

Safety regulations — passenger boats, fishing vessels and pleasure craft.

48.

Amendment of Merchant Shipping Act 1947.

49.

Amendment of Merchant Shipping (Certification of Seamen) Act 1979.

50.

Miscellaneous amendments to Act of 1992.

51.

Increase in fines, etc., in Act of 2000.

PART 5

Amendment of Certain Enactments

52.

Amendment of Harbours Act 1946.

53.

Sea-fishing boat licences.

54.

Amendment of Fishery Harbour Centres Act 1968.

55.

Amendment of section 4 of Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

56.

Amendment of Canals Act 1986.

57.

Amendment of Shannon Navigation Act 1990.

58.

Amendment of Harbours Act 1996.

PART 6

Provisions Relating to the Foreshore and to Foreshore and Aquaculture Licences, etc.

59.

Collective citation (

Part 6

60.

Amendment of Foreshore Act 1933.

SCHEDULE

Enactments Repealed

Acts Referred to

Canals Act 1986

1986, No. 3

Carriage by Sea (Heavy Articles) Act 1934

1934, No. 45

Fisheries Act 1980

1980, No. 1

Fisheries (Amendment) Act 1997

1997, No. 23

Fisheries (Amendment) Act 2003

2003, No. 21

Fisheries and Foreshore (Amendment) Act 1998

1998, No. 5

Fisheries (Consolidation) Act 1959

1959, No. 14

Fishery Harbour Centres Act 1968

1968, No. 18

Fishery Harbour Centres Acts 1968 to 1998

Foreshore Act 1933

1933, No. 12

Foreshore Acts 1933 to 2003

Harbours Act 1946

1946, No. 9

Harbours Act 1996

1996, No. 11

Harbours Acts 1946 to 1976

Harbours Acts 1996 and 2000

Landlord and Tenant (Ground Rents) Act 2005

2005, No. 7

Landlord and Tenant (Ground Rents) (No. 2) Act 1978

1978, No. 16

Landlord and Tenant Acts 1967 to 2005

Local Government Act 2001

2001, No. 37

Maritime Jurisdiction Act 1959

1959, No. 22

Maritime Jurisdiction (Amendment) Act 1988

1988, No. 9

Merchant Marine Act 1955

1955, No. 29

Mercantile Shipping Act 1947

1947, No. 46

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 Act 1894

57 & 58 Vict., c. 60

Merchant Shipping Act 1947

1947, No. 46

Merchant Shipping Act 1981

1981, No. 33

Merchant Shipping Act 1992

1992, No. 2

Merchant Shipping Acts 1894 to 2000

Merchant Shipping (Spanish Civil War) Act 1937

1937, No. 9

National Monuments Acts 1930 to 2004

Shannon Navigation Act 1990

1990, No. 20

Wildlife (Amendment) Act 2000

2000, No. 38

Wildlife Act 1976

1976, No. 39

Number

2005

MARITIME SAFETY ACT 2005

REVISED

Updated to

29 July 2025

AN ACT TO PROVIDE FOR THE REGULATION AND CONTROL OF CERTAIN FAST POWERED WATERCRAFT

AND CODES OF PRACTICE FOR VESSELS, TO PROHIBIT CERTAIN ACTS ON OR WITH VESSELS, TO

AMEND THE HARBOURS ACT 1946, SECTION 222B OF THE FISHERIES (CONSOLIDATION) ACT 1959,

THE FISHERY HARBOUR CENTRES ACT 1968, SECTION 4 OF THE LANDLORD AND TENANT (GROUND

RENTS) (NO. 2) ACT 1978, THE CANALS ACT 1986, THE SHANNON NAVIGATION ACT 1990, THE

MERCHANT SHIPPING ACTS 1894 TO 2000 AND THE HARBOURS ACT 1996, TO PROVIDE FOR MATTERS

RELATING TO THE FORESHORE AND TO AQUACULTURE, TO REPEAL CERTAIN ENACTMENTS AND TO

PROVIDE FOR RELATED MATTERS.

[29

th June

, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

Functions transferred and

references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief

executive" and "deputy chief executive" construed (16.05.2024) by

Local

Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10.

(1) All functions

(other than functions conferred by or under an enactment specified in Part 1 of

Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach

of Limerick City and County Council shall, on and after that day, vest in the

Mayor.

(2) All functions (other than

functions conferred by or under an enactment specified in Part 2 of Schedule 1)

that, immediately before the vesting day, vested in the chief executive of

Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 1 of

Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the

Cathaoirleach of Limerick City and County Council, be construed as a reference to

the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 2 of

Schedule 1) to chief executive shall, in so far as that reference applies to the

chief executive of Limerick City and County Council, be construed as a reference

to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh

Chomhairleoir

23.

(1) All functions

conferred by or under an enactment specified in Part 1 of Schedule 1 that,

immediately before the vesting day, vested in the Cathaoirleach of Limerick City

and County Council shall, on and after that day, vest in the Príomh

Chomhairleoir.

(2) From the vesting day, a

reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or

Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of

Limerick City and County Council, be construed as a reference to the Príomh

Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the

context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh

Chomhairleoir

25.

(1) All functions

conferred by or under any enactment that, immediately before the vesting day,

vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on

and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a

reference in any enactment to Leas-Chathaoirleach shall, in so far as that

reference applies to the Leas-Chathaoirleach of Limerick City and County Council,

be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a

reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26.

(1) The chief executive

of Limerick City and County Council shall, on and after the vesting day, be known

as the director general of Limerick City and County Council and is in this Act

referred to as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in an enactment specified in Part 2 of Schedule 1 to chief executive

shall, in so far as that reference applies to the chief executive of Limerick City

and County Council, be construed as a reference to the director general, or as

including a reference to the director general, as the context may require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28.

(1) On and after the

vesting day, a deputy chief executive appointed by the director general under

section 148 of the Principal Act shall be known as the deputy director general of

Limerick City and County Council and is, in this Act, referred to as the “deputy

director general”.

(2) The person who, immediately

before the vesting day, was the deputy chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in any enactment to deputy chief executive shall, in so far as the

reference applies to the deputy chief executive of Limerick City and County

Council, be construed as a reference to the deputy director general, or as

including a reference to the deputy director general, as the context may

require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of

Sections 10 and 23

Number and

Year

(1)

Provision

(2)

Extent of

Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,

34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),

141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),

178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and

220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,

13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule

14.

PART 2

Enactments for Purposes of

Sections 10 and 26

Number and

Year

(1)

Short Title

(2)

Provision

(3)

...

No. 11 of 2005

Maritime Safety Act 2005

Section 17

...

Application of Act and collectively cited

Foreshore Acts 1933 to 2011

Harbours Acts 1996 to 2009

Maritime Safety Acts 1992 to 2006

and

Shannon Navigation Acts 1990 and 2005

affected (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg.

1(3).

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

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt

or undertake, or give approval for a plan, may include those adopted, undertaken or

approved pursuant to any of the enactments set out in the Second Schedule to these

Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given

under these Regulations or under any of the enactments referred to in the Second Schedule

may include conditions requiring compliance with any guideline or code of practice

issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

Canals Act 1986 and 2005

...

Fisheries Harbour Centres Acts 1968 and 1980

...

Foreshore Acts 1933 to 2011

...

Harbours Acts 1996 to 2009

...

Maritime Safety Acts 1992 to 2006

...

Shannon Navigation Acts 1990 and 2005

...

Certain functions under collectively cited

Foreshore Acts 1933 to

2009

transferred (7.07.2011) by

Foreshore (Amendment) Act 2011

(11/2011), s. 1, commenced on enactment. See also s. 2, “appropriate

Minister” construed. Note: name of Minister for and Department of

Environment, Community and Local Government changed to

• Housing, Planning,

Community and Local Government (23.07.2016) by

Environment, Community and Local

Government (Alteration of Name of Department and Title of Minister) Order

2016

(S.I. No. 394 of 2016), in effect as per art. 1(2) ;

• Housing, Planning and

Local Government (1.08.2017) by

Housing, Planning, Community and Local

Government (Alteration of Name of Department and Title of Minister) Order

2017

(S.I. No. 358 of 2017), in effect as per art. 1(2);

• Housing, Local Government

and Heritage (30.09.2020) by

Housing, Planning and Local Government (Alteration

of Name of Department and Title of Minister) Order 2020

(S.I. No. 408 of

2020), in effect as per art. 1(2).

Transfer and vesting of certain foreshore functions.

— (1) Except as provided for by

subsection (2)

, the functions, immediately before the passing of this Act, of the Minister for Agriculture,

Fisheries and Food under the Foreshore Acts 1933 to 2009 are, on such passing, transferred

to the Minister for the Environment, Community and Local Government and this subsection

has effect for the purpose of vesting in the Minister for the Environment, Community

and Local Government the functions so transferred.

(2) The following functions of the Minister for Agriculture, Fisheries and Food under

the Foreshore Acts 1933 to 2009 remain with and continue to be functions of that Minister

(a) any function in relation to a fishery harbour centre,

(b) any function in respect of—

(i) an activity which is wholly or primarily for the use, development or support of

aquaculture, or

(ii) an activity which is wholly or primarily for the use, development or support

of sea-fishing including the processing and sale of sea-fish and manufacture of products

derived from sea-fish.

(3) The administration and business in connection with the performance of any functions

transferred to the Minister for the Environment, Community and Local Government from

the Minister for Agriculture, Fisheries and Food by

subsection (1)

are, on the passing of this Act, transferred to the Department of the Environment,

Community and Local Government.

Functions under collectively cited

Shannon Navigation Acts 1990 and

2005

transferred and references to Minister for and Department of

Community, Equality and Gaeltacht Affairs construed as Tourism, Culture and Sport

(1.05.2011) by

Inland Waterways and Waterways Ireland (Transfer of Departmental

Administration and Ministerial Functions) Order 2011

(S.I. No. 195 of

2011), arts. 2 and 3 and sch. part 1, in force as per art. 1(2), subject to

transitional provisions in arts. 4-8. Note: name of Minister for and Department of

Tourism, Culture and Sport was changed to

• Arts, Heritage, Regional,

Rural and Gaeltacht Affairs (7.07.2016) by

Arts, Heritage and the Gaeltacht

(Alteration of Name of Department and Title of Minister) Order 2016

(S.I.

No. 357 of 2016), in effect as per art. 1(2);

• Culture, Heritage and the

Gaeltacht (1.08.2017) by

Arts, Heritage, Regional, Rural and Gaeltacht Affairs

(Alteration of Name of Department and Title of Minister) Order 2017

(S.I.

No. 350 of 2017), in effect as per art. 1(2);

• Tourism, Culture, Arts,

Gaeltacht, Sport and Media (30.09.2020) by

Culture, Heritage and the Gaeltacht

(Alteration of Name of Department and Title of Minister) Order 2020

(S.I.

No. 403 of 2020), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance

or execution of any functions transferred by Article 3 are transferred to the Department

of Tourism, Culture and Sport.

(2) References to the Department of Community, Equality and Gaeltacht Affairs contained

in any Act or any instrument made thereunder and relating to any administration and

business transferred by paragraph (1) shall, from the commencement of this Order,

be construed as references to the Department of Tourism, Culture and Sport.

3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht

Affairs by or under the Acts specified in Part 1 of the Schedule and the provisions

of the Acts specified in Part 2 of the Schedule in so far as they relate to—

(a) inland waterways,

(b) Waterways Ireland,

are transferred to the Minister for Tourism, Culture and Sport.

(2) References to the Minister for Community, Equality and Gaeltacht Affairs 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 Tourism, Culture and Sport.

SCHEDULE

PART 1

Canals Acts 1986 and 2005

Shannon Navigation Acts 1990 and 2005

Collectively cited

Merchant Shipping Acts 1894 to 2010

applied with modifications (3.07.2010) by

Merchant Shipping Act 2010

(14/2010), ss. 13(2), 51(3), commenced on enactment.

Cargo ship safety certificate.

13.

— ...

(2) The provisions of the Merchant Shipping Acts relating to the issue, the period

of validity, the granting of an extension or the cancellation of a safety equipment

certificate, a radio certificate or a cargo ship safety construction certificate apply

to a cargo ship safety certificate, in respect of the certificate concerned, as if

it were the certificate.

...

Application (Chapter 5).

51.

— ...

(3) The following provisions of the Merchant Shipping Acts do not apply to a vessel’s tender, namely—

(a) section 271 of the Principal Act,

(b) section 10, 15, 18 or 20 of the Act of 1952,

(d) section 8 of the Act of 1992 or that section as applied by the European Communities

(Passenger Ships) Regulations 2004 ( S.I. No. 716 of 2004 ), and

(e) section 82 or 84 of this Act.

Functions transferred and references to Minister for and Department of

Communications, Marine and Natural Resources construed as Minister for and

Department of Agriculture and Food (19.10.2007) by

Sea Fisheries, Foreshore and

Dumping at Sea (Transfer of Departmental Administration and Ministerial

Functions) Order 2007

(S.I. No. 707 of 2007), arts. 2 and 3 and sch. part

1, in effect as per art. 1, subject to transitional provisions in arts. 4-8;

superseded in relation to

Foreshore Acts

and

Fishery Harbour Centres

Acts

as per C-notes above. Note that name of the Minister of and

Department for Agriculture and Food was changed to

• Agriculture, Fisheries

and Food (20.10.2007) by

Agriculture and Food (Alteration of Name of Department

and Title of Minister) Order 2007

(S.I. No. 705 of 2007), in effect as per

art. 1(2);

• Agriculture, Food and the

Marine (17.10.2011) by

Agriculture, Fisheries and Food (Alteration of Name of

Department and Title of Minister) Order 2011

(S.I. No. 455 of 2011), in

effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance

or execution of any functions transferred by Article 3 are transferred to the Department

of Agriculture and Food.

(2) A reference 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) shall be construed as a reference to the

Department of Agriculture and Food.

3. (1) A function vested in the Minister for Communications, Marine and Natural Resources

by or under—

(

) an enactment cited in Part 1 of the Schedule to this Order, and

...

is transferred to the Minister for Agriculture and Food.

(2) A reference to the Minister for Communications, Marine and Natural Resources contained

in an enactment or instrument made under an enactment and relating to a function transferred

by this Article shall be construed as a reference to the Minister for Agriculture

and Food.

...

SCHEDULE

PART 1

...

Part 2 of the

Maritime Safety Act 2005

(No. 11 of 2005) so far as that Part relates to a fishery harbour centre to which

the

Fishery Harbour Centres Act 1968

(No. 18 of 1968) applies.

Fishery Harbour Centres Acts 1968 to 2006

...

Foreshore Acts 1933 to 2005

...

Functions under collectively cited

Maritime Safety Acts 1992 to

2005

and

Merchant Shipping Acts 1894 to 2005

transferred and

references to Minister for and Department of Communications, Marine and Natural

Resources construed as Minister for and Department of Transport (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 and 4 and sch. part 1, in effect as per art. 1(2), subject to

transitional provisions in arts. 5-9. Note name of Minister changed to

• Transport, Tourism and

Sport (2.04.2011) by

Transport (Alteration of Name of Department and Title of

Minister) Order 2011

(S.I. No. 141 of 2011), in effect as per art.

1(2);

• Transport (17.09.2020) by

Transport, Tourism and Sport (Alteration of Name of Department and Title of

Minister) Order 2020

(S.I. No. 351 of 2020), in effect as per art.

1(2).

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,

...

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

Part 1

Acts

...

Harbours Act 1946 to 2005

Harbours Acts 1996 to 2005

(other than section 86 of the

Harbours Act 1996

(No. 11 of 1996))

...

Maritime Safety Acts 1992 to 2005

...

Merchant Shipping Acts 1894 to 2005

...

References in collectively cited

Merchant Shipping Acts 1894 to 1966

construed (14.05.1967) by

Merchant Shipping Act 1966

(20/1966), s. 19(2), S.I. No. 54 of 1967.

Amendment of section 271 of Merchant Shipping Act, 1894.

19.

— ...

(2) References in the

Merchant Shipping Acts

to a passenger steamer shall be construed as including any ship while on or about

to proceed on a voyage or excursion in any case where a passenger steamer’s certificate is required to be in force in respect of her.

References in collectively cited

Merchant Shipping Acts 1894 to 1921

construed (23.10.1945) by

Merchant Shipping Acts, 1894 To 1921, Adaptation Order 1945

(S.I. No. 273 of 1945), art. 2.

Adaptation of “consular officer” in

Merchant Shipping Acts, 1894 to 1921

— (1) The expression “consular officer” in the

Merchant Shipping Acts, 1894 to 1921

(exclusive of Part IV of the

Merchant Shipping Act, 1906

), shall be construed as including the persons to whom this Article applies as well

as the persons included in the expression apart from this Order, and the expression

shall be so construed notwithstanding any qualification in relation to nationality

attached thereto.

(2) This Article applies to the following persons

(a) a person who is employed in the Civil Service of the Government and who is an

envoy extraordinary and minister plenipotentiary, a high commissioner, a chargé d'affaires,

a counsellor of legation, a secretary of a legation or high commissioner's office,

or an attaché,

(b) a person who is employed in the Civil Service of the Government and who is a consul-general,

a consul or a vice-consul,

for External Affairs after consultation with the Minister for Industry and Commerce

to exercise consular functions for the purposes of the

Merchant Shipping Acts, 1894 to 1921

C10

Application of collectively cited

Merchant Shipping Acts 1894 to 1900

restricted and references construed (1.06.1907) by

Merchant Shipping Act 1906

(6 Edw. 7 c. 48), ss. 17, 65(2) and 84(1), commenced as per s. 86(2). Note: functions

of Board of Trade transferred to Department of Industry and Commerce (2.06.1924) by

Ministers and Secretaries Act 1924

(16/1924), s. 1(vii) and sch. sixth part, S.R.& O. No. 4 of 1924. Name of Department

of Industry and Commerce most recently changed to Department of Jobs, Enterprise and

Innovation (2.06.2011) by

Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister)

Order 2011

(S.I. No. 245 of 2011), in effect as per reg. 1(2).

Regulations substituted for Schedules 10, 11, 12, 13, and 14 of principal Act.

17.

— ...

(2) Any reference in the Merchant Shipping Acts or in any other Act or document to

any of those schedules shall be construed as a reference to the corresponding regulations,

scales, conditions, or forms prescribed by the Board of Trade under this section.

...

Provisions as to failure to join ship and desertion.

65.

—...

(2) Where it is shown to the satisfaction of the superintendent that a seaman lawfully

engaged has wilfully or through misconduct failed to join his ship, the superintendent

shall report the matter to the Board of Trade, and that Board may direct that any

of the seaman’s certificates of discharge shall be withheld for such period as they may think fit,

and, while a seaman’s certificate of discharge is so withheld, the Registrar-General of Shipping and Seamen,

and any other person having the custody of the necessary documents, may, notwithstanding

anything in the Merchant Shipping Acts, refuse to furnish copies of any of his certificates

of discharge or certified extracts of any particulars of service or character.

...

Construction of references to Merchant Shipping Acts.

84.

—(1) In this Act the expression “principal Act” means the

Merchant Shipping Act, 1894

, and the expression “Merchant Shipping Acts” means the

Merchant Shipping Acts, 1894 to 1900

, and this Act.

Editorial Notes

Power to raise sunken vessel for purposes of prosecution under collectively cited

Merchant Shipping Acts 1894 to 2010

prescribed (3.07.2010) by

Merchant Shipping Act 2010

(14/2010), s. 75, commenced on enactment.

Power to seize and detain evidence for purposes of prosecution under collectively

cited

Merchant Shipping Acts 1894 to 1993

prescribed (1.03.1994) by

Merchant Shipping (Salvage and Wreck) Act 1993

(34/1993), ss. 10(1)(c) and 62, S.I. No. 32 of 1994.

Power of inspection and examination for purposes of collectively cited

Merchant Shipping Acts 1894 to 1992

prescribed (1.08.1992) by

Merchant Shipping Act 1992

(2/1992), s. 25(1), S.I. No. 205 of 1992.

Requirements under collectively cited

Merchant Shipping Acts 1894 to 1992

modified (19.11.1953) by

Merchant Shipping (Safety Convention) Act 1952

(29/1952), ss. 29(1), 44, and 45, S.I. No. 338 of 1953.

Passengers deemed to be carried from or to State for purposes of returns under collectively

cited

Merchant Shipping Acts 1894 to 1900

(1.06.1907) by

Merchant Shipping Act 1906

(6 Edw. 7 c. 48), s. 15, commenced as per s. 86(2).

Double punishment for any misconduct under collectively cited

Merchant Shipping Acts 1894 to 1900

prohibited (1.06.1907) by

Merchant Shipping Act 1906

(6 Edw. 7 c. 48), s. 44(5), commenced as per s. 86(2).

Functions under collectively cited

Merchant Shipping Acts 1894 to 1900

made subject to control of Board of Trade (1.06.1907) by

Merchant Shipping Act 1906

(6 Edw. 7 c. 48), s. 74(1), commenced as per s. 86(2). Note: functions of Board of

Trade transferred to Department of Industry and Commerce (2.06.1924) by

Ministers and Secretaries Act 1924

(16/1924), s. 1(vii) and sch. sixth part, S.R.& O. No. 4 of 1924. Name of Department

of Industry and Commerce most recently changed to Department of Jobs, Enterprise and

Innovation (2.06.2011) by

Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister)

Order 2011

(S.I. No. 245 of 2011), in effect as per reg. 1(2).

Penalty for failure to comply with collectively cited

Merchant

Shipping Acts 1894 to 1900

prescribed (1.06.1907) by

Merchant Shipping

Act 1906

(6 Edw. 7 c. 48), s. 21, commenced as per s. 86(2); repealed

(1.08.1992) by

Merchant Shipping Act 1992

(2/1992), s. 4(1) and sch., not

commenced as of date of revision.

Power to exempt ships from provisions of collectively cited

Merchant Shipping Acts 1894 to 1900

prescribed (1.06.1907) by

Merchant Shipping Act 1906

(6 Edw. 7 c. 48), s. 78(1), commenced as per s. 86(2).

E10

Previous affecting

provision: certain functions under collectively cited

Foreshore Acts 1933 to

2005

transferred (15.01.2010) by

Foreshore and Dumping at Sea

(Amendment) Act 2009

(39/2009), s. 3, commenced as per s. 1(4). See also

ss. 4 and 6; superseded (7.07.2011) as per C-note above.

E11

Previous affecting provision: requirement to withhold and power to revoke safety

certificates under collectively cited

Merchant Shipping Acts 1894 to 2005

prescribed (21.07.2009) by

European Communities (Marine Equipment) Regulations 2009

(S.I. No. 259 of 2009), reg. 6, in effect as per reg. 2; revoked (4.12.2014) by

European Union (Marine Equipment) Regulations 2014

(S.I. No. 540 of 2014), reg. 11, in effect as per reg. 1(2).

E12

Previous affecting provision: power to withhold or withdraw safety certificates under

collectively cited

Merchant Shipping Acts 1894 to 1998

prescribed (6.02.2003) by

European Communities (Marine Equipment) Regulations 2003

(S.I. No. 38 of 2003), reg. 6; revoked (21.07.2009) by

European Communities (Marine Equipment) Regulations 2009

(S.I. No. 259 of 2009), reg. 10(a), in effect as per reg. 2.

E13

Previous affecting provision: power to withhold or withdraw safety certificates under

collectively cited

Merchant Shipping Acts 1894 to 1998

prescribed (23.12.1998) by

European Communities (Marine Equipment) Regulations 1998

(S.I. No. 545 of 1998), reg. 6; revoked (6.02.2003) by

European Communities (Marine Equipment) Regulations 2003

(S.I. No. 38 of 2003 ), reg. 11(a).

E14

Previous affecting provision: functions under collectively cited

Merchant Shipping Acts 1894 to 1983

transferred and references to “Department of Communications” and “Minister for Communications” construed (31.03.1987) by

Communications (Transfer of Departmental Administration and Ministerial Functions)

Order 1987

(S.I. No. 91 of 1987), arts. 3 and 4 and sch. part 1, in effect as per art. 1(2);

superseded as per C-notes above.

E15

Previous affecting provision: functions under collectively cited

Merchant Shipping Acts 1894 to 1952

transferred and references to “Department of Industry and Commerce” and “Minister for Industry and Commerce” construed (27.07.1959) by

Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial

Functions) Order 1959

(S.I. No. 125 of 1959), arts. 3 and 4 and sch. part 1 item 6; superseded as per C-note

above.

E16

Previous affecting provision: method of calculating tonnage of steamship for purposes

of collectively cited

Merchant Shipping Acts 1894 to 1900

prescribed (1.06.1907) by

Merchant Shipping Act 1906

(6 Edw. 7 c. 48), s. 69, commenced as per s. 86(2); repealed (6.02.1997) by

Merchant Shipping (Liability of Shipowners and Others) Act 1996

(35/1996), s. 3 and sch. 4, S.I. No. 215 of 1997.