Maritime Safety Act 2005
|
Sea-fishing boat licences. |
53.—Section 222B (inserted by section 4 of the Fisheries (Amendment) Act 2003 ) of the Fisheries (Consolidation) Act 1959 is amended— | |
(a) by substituting for subsection (1) the following: | ||
“(1) This section applies to any Irish sea-fishing boat.”, | ||
(b) in subsection (2) by inserting “or renewed” after “granted”, | ||
(c) by substituting for paragraph (a) of subsection (3) the following: | ||
“(a) The licensing authority may grant sea-fishing boat licences for such period as is specified in the licence.”, | ||
(d) in subsection (3)(d), by substituting “terms and conditions” for “conditions”, | ||
(e) by substituting for subsection (4) the following: | ||
“(4) (a) The licensing authority may renew a sea-fishing boat licence, without the holder of the licence making an application under subsection (3)(b), for such period or periods as he or she considers appropriate. | ||
(b) Section 7 of the Fisheries (Amendment) Act 2003 does not apply to the renewal of a licence under paragraph (a). | ||
(c) A sea-fishing boat licence which has been renewed by the licensing authority before the commencement of section 53 of the Maritime Safety Act 2005 is deemed to have been renewed under paragraph (a).”, | ||
(f) in subsection (8), by substituting for paragraph (a) the following: | ||
“(a) The licensing authority may attach to a sea-fishing boat licence such terms (including terms specifying an event or other circumstance on the occurrence of which the licence is to come into force or cease to be in force) and conditions (including conditions precedent to the licence's becoming operative) as he or she shall think fit and he or she may also attach further terms or conditions to or vary the terms or conditions already attached to such a licence or remove any such terms or conditions.”, | ||
(g) in subsection (8)(b) and (c), by substituting “term or condition” for “condition”, | ||
(h) by inserting after subsection (8) the following: | ||
“(8A) (a) It is condition of a sea-fishing boat licence that the licensee shall ensure that the licensed boat complies with requirements specified by or under the Merchant Shipping Acts 1894 to 2005. | ||
(b) Where by or under the Merchant Shipping Acts 1894 to 2005 a survey is required to be carried out of a sea-fishing boat for the purpose of establishing whether or not such boat complies with the requirements specified by or under those Acts, the licensing authority shall not grant or renew a sea-fishing boat licence in respect of the boat unless the licensing authority is satisfied that the boat complies with such requirements. | ||
(c) Where a code of practice published by the Minister relating to the safety and sea-worthiness of sea-fishing boats of a class to which paragraph (b) does not apply requires a survey to be carried out of a sea-fishing boat of such class for the purpose of establishing whether or not such boat complies with the requirements specified in the code of practice, the licensing authority shall not grant a sea-fishing boat licence in respect of the boat unless a declaration of compliance with the code of practice has been provided to the licensing authority.”, | ||
and | ||
(i) in subsection (13) by substituting for the definition of “Act of 1983” the following: | ||
“ ‘Irish sea-fishing boat’ means a sea-fishing boat which is— | ||
(a) entered in the Register of Fishing Boats, or is required to be so entered, or | ||
(b) exempt from such entry by regulations under section 373 of the Merchant Shipping Act 1894 ;”. |