S.I. No. 119/1959 - Mercantile Marine (Ships' Names) Regulations, 1959.

S.I. No. 119 of 1959.

MERCANTILE MARINE (SHIPS' NAMES) REGULATIONS, 1959.

I, JOHN LYNCH, Minister for Industry and Commerce, by virtue of section 8 of the Mercantile Marine Act, 1955 (No. 29 of 1955), and in exercise of the powers conferred on me by section 68 of that Act, hereby, after consultation with the Revenue Commissioners, make the following regulations :

1.—(1) These Regulations may be cited as the Mercantile Marine (Ships' Names) Regulations, 1959.

(2) These Regulations shall come into operation on the 1st day of August, 1959.

2. In these Regulations—

" the Minister " means the Minister for Industry and Commerce ;

" reciprocating state " means a state declared by an order under section 19 of the Mercantile Marine Act, 1955 (No. 29 of 1955), for the time being in force to be a reciprocating state.

3. Any person who proposes to make application for the registry of an Irish ship (other than a fishing boat which is only to be entered in the fishing boat register under Part IV of the Merchant Shipping Act, 1894) shall give notice in writing of the proposed name of the ship to the registrar of ships at the intended port of registry of the ship at least fourteen days before the date on which it is contemplated to effect the registry and that registrar shall transmit the notice to the General Register and Record Office.

4.—(1) If the name proposed in a notice under Article 3 of these Regulations does not appear already as the name of a ship registered in the State or in a reciprocating state or if it is not a name so similar to that of a ship registered in the State or in a reciprocating state as to be calculated to deceive, the person for the time being in charge of the General Register and Record Office shall issue a certificate to that effect to the registrar of ships at the intended port of registry of the ship and the ship shall be registered under that name provided all requirements for registry have been duly complied with.

(2) If a ship is not registered under the proposed name within twelve months after the issue of a certificate under paragraph (1) of this Article in relation to that name, the authority under that paragraph to register the ship by that name shall cease.

5. If the name proposed in a notice under Article 3 of these Regulations is found to be already the name of a ship registered in the State or in a reciprocating state or a name so similar to that of a ship registered in the State or in a reciprocating state as to be calculated to deceive, the person for the time being in charge of the General Register and Record Office shall issue a certificate to that effect and shall transmit the certificate to the Minister who may refuse the registry of the ship by that name. The Minister shall intimate his decision to the registrar of ships at the intended port of registry of the ship and to the applicant for registry.

6. Notwithstanding anything contained in the foregoing regulations, the Minister may allow the registry of a ship by a name or designation which is already the name or designation of a ship registered in the State or in a reciprocating state—

(a) if the designation proposed is a number only and the ship so designated plies only in or about a port or harbour in which no other ship is designated by the same number ; or

(b) if he is satisfied that the case is one of urgency and that the ship will be delayed if registration is refused by the name proposed by the owners. In such a case, the Minister may allow the ship to be registered by the name proposed by the owners for a period of twelve months from the date of registry of the ship and, on and after the expiration of such period, the ship shall not be regarded as a registered ship unless the name of the ship is, within such period, altered to a name allowed by the Minister.

7. The following regulations are hereby revoked :

(a) the regulations dated the 28th day of August, 1907, made under section 50 of the Merchant Shipping Act, 1906,

(b) the Merchant Shipping (Ships' Names) Amendment Regulation, 1922, and

(c) the Merchant Shipping (Ships' Names) Amendment Regulation, 1936 ( S. R. & O. No. 345 of 1936 ).

GIVEN under my Official Seal, this 20th day of July, 1959.

JOHN LYNCH,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

These Regulations lay down the procedure for application for ships' names and empower the Minister to refuse registry of a ship under a name already on the Irish Register or the register of a reciprocating State or a name so similar as to be calculated to deceive.