Merchant Shipping (Registration of Ships) Act 2014
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Measurement of ships | ||
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20. (1) Every ship that is subject to an application for registration on the Register shall, as required by regulations, be measured by a surveyor of ships and— | ||
(a) its tonnage ascertained in accordance with the tonnage regulations, for the time being in force, or | ||
(b) its measurement ascertained in accordance with regulations made under subsection (3), | ||
and the surveyor shall issue a certificate of measurement specifying the ship’s measurement and build, and such other particulars descriptive of the identity of the ship as may be required from time to time as prescribed, and the certificate shall be delivered to the Minister before registration. | ||
(2) The Minister may accept certificates of measurement issued by states party to the International Tonnage Convention in lieu of subsection (1). | ||
(3) (a) The Minister may make regulations for the purposes of subsection (1) to include length, breadth, depth, tonnage, engine power and such other particulars descriptive of the identity of the ship. | ||
(b) In making regulations under this section, the Minister may make different provisions for different types of ships and may provide for exemptions from the measurement requirements of subsection (1). | ||
(4) Whenever the measurement of any ship has been ascertained or provided to the Minister in accordance with this section, the same shall be the measurement of the ship, and shall be repeated in every subsequent registration thereof, unless any alteration is made in the build, capacity, type or measurement of the ship, or unless it is discovered that the measurement of the ship has been erroneously computed. | ||
(5) Where it is discovered that the measurement of the ship has been erroneously computed, the ship shall be remeasured by a surveyor of ships and its measurement ascertained and a new certificate of measurement issued by the surveyor in accordance with— | ||
(a) the tonnage regulations, for the time being in force, or | ||
(b) regulations made under subsection (3), | ||
and the certificate shall be delivered to the Minister. | ||
(6) (a) The owner of a ship shall not make any change to a ship which would affect the measurement of a ship without first obtaining the prior consent of the Minister. | ||
(b) Where a change is proposed in writing which would affect the measurement of a ship, the owner shall notify in writing the change to the Minister with supporting documentation as specified by the Minister and a copy of the existing certificate of registry. | ||
(c) Following consideration of a notification and submission made under paragraph (b), the Minister may notify the owner of the ship of the Minister’s consent to the proposed change to the ship as notified. | ||
(d) Following receipt of the consent of the Minister under paragraph (c), the ship may be changed in accordance with the consent and shall be remeasured by a surveyor of ships, and its measurement ascertained and a new certificate of measurement issued by the surveyor in accordance with the regulations in force. | ||
(e) The Minister shall record the changes made to the ship under paragraph (d) on the Register and issue a replacement certificate of registry in accordance with section 28 (12) upon receipt of the existing certificate of registry. | ||
(7) Where the owner of a ship fails to comply with subsection (6), the owner commits an offence. | ||
(8) The measurement of ships under this section shall be performed, in accordance with the tonnage regulations in force, or regulations made under subsection (3), by surveyors of ships or by any person authorised by the Minister for that purpose. | ||
(9) Anyone, other than the Minister or an officer of the Minister authorised in that behalf, who alters, amends or states as otherwise, the particulars of a ship to be different to that which is recorded on the certificate of measurement or who makes a statement of measurement to any third party that the particulars are other than those recorded on the certificate of registry, commits an offence and is liable— | ||
(a) on summary conviction to a class A fine, or | ||
(b) on conviction on indictment, to a fine not exceeding €50,000. | ||
(10) The Regulations of 2007, if in operation on the commencement of this section, continue in force as if made under subsection (3). | ||
(11) A person, including the owner, agent (which may include a representative person) or master of a ship registered on the Register, who contravenes— | ||
(a) the tonnage regulations in force, or | ||
(b) regulations made under subsection (3), | ||
commits an offence. |