Merchant Shipping (Registration of Ships) Act 2014

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Number 43 of 2014


MERCHANT SHIPPING (REGISTRATION OF SHIPS) ACT 2014


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation and commencement

2. Interpretation

3. Fees

4. Expenses

5. Regulations

6. Laying of orders and regulations

7. Repeals

8. Revocations

PART 2

Registration of Ships

9. Irish Register of Ships

10. Service agreements — administration of Register

11. Requirement to register certain ships

12. Entitlement to register certain ships on Register

13. Registration of property in ships

14. Transitional provisions

15. Persons qualified to register on Register

16. Representative persons

17. Appointment of registrars of ships

18. Procedure for application to register ship on Register and grant registration

19. Procedure for application to renew the registration of ship on Register

20. Measurement of ships

21. Refusal of registration and removal of ships from Register

22. Appeal process against refusal to register or removal of ship from Register

23. Temporary registration — recreational craft under 24 metres in load line length

24. Visitor registration — certain vessels

25. Naming, power to disallow proposed names and change of name

26. Carving and marking

27. Foreign ships operating domestically must carry on board their certificate of registration

28. Certificate of registry

29. Delivery up of certificate of registry of ship lost or ceasing to be owned by qualified persons

30. Ports of registry

31. Transfer of port of registry

32. Forms of documents and instruments

PART 3

Irish Ships, National Colour and Character

33. Irish ships

34. National colours for Irish ships

35. Obligation to hoist national colours

36. Prohibition on hoisting colours other than national colours

37. Prohibition on assuming Irish character

38. Prohibition on concealment of Irish character or assuming of foreign character

PART 4

Enforcement

39. Authorised persons

40. Powers of authorised persons

41. Power to detain ships and procedure for detention and appeal

42. Fixed payment notice

PART 5

Legal Issues

43. Documents admissible in evidence

44. Mode of making declarations

45. False declarations concerning ownership, etc., of ships, and liability

46. Notice of trusts not received

47. Equities not excluded by Act

PART 6

Private Law Provisions

48. Private law provisions for registered ships and liability of owner

49. Transfers etc. of registered ships

50. Transfer of property in ship on death, bankruptcy, etc.

51. Order for sale on transfer to unqualified person

52. Transfer of ship on sale by order of the court

53. Power of court to prohibit transfer

54. Mortgages of registered ships

55. Priority of registered mortgages

56. Notices by intending mortgagees — priority notices

57. Registered mortgagee’s power of sale

58. Protection of registered mortgages

59. Mortgage not affected by bankruptcy

60. Transfer of registered mortgage

61. Transfer of registered mortgage on death, bankruptcy, etc.

62. Discharge of registered mortgage

PART 7

Proceedings

63. Proceedings

64. Summary penalties

65. Liability of owner and master

66. Offence — body corporate

67. Service of notification

PART 8

Consequential Amendments

68. Consequential amendments of certain enactments

PART 9

Safety Convention

69. Safety Convention

SCHEDULE 1

Repeals

SCHEDULE 2

Revocations

SCHEDULE 3

Ports of Registry

SCHEDULE 4

Consequential Amendment of Certain Enactments


Acts Referred to

Biological Weapons Act 2011 (No. 13)

Broadcasting Act 2009 (No. 18)

Civil Registration Act 2004 (No. 3)

Cluster Munitions and Anti-Personnel Mines Act 2008 (No. 20)

Companies Act 1963 (No. 33)

Companies Acts

Criminal Justice (Amendment) Act 2009 (No. 32)

Criminal Justice (Female Genital Mutilation) Act 2012 (No. 11)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)

Criminal Justice (Terrorist Offences) Act 2005 (No. 2)

Criminal Justice Act 1994 (No. 15)

Criminal Justice Act 1999 (No. 10)

Criminal Justice Act 2006 (No. 26)

Criminal Law (Human Trafficking) Act 2008 (No. 8)

Criminal Law Act 1997 (No. 14)

Defence Act 1954 (No. 18)

Diplomatic Relations and Immunities Act 1967 (No. 8)

Dumping at Sea Act 1996 (No. 14)

Finance Act 2002 (No. 5)

Firearms Acts 1925 to 2009

Fisheries (Amendment) Act 2003 (No. 21)

Fisheries (Consolidation) Act 1959 (No. 14)

Fishery Harbour Centres Act 1968 (No. 18)

Harbours Act 1996 (No. 11)

Illegal Immigrants (Trafficking) Act 2000 (No. 29)

Inland Fisheries Act 2010 (No. 10)

International Criminal Court Act 2006 (No. 30)

Irish Nationality and Citizenship Act 1956 (No. 26)

Maritime Safety Act 2005 (No. 11)

Maritime Security Act 2004 (No. 29)

Mercantile Marine Act 1955 (No. 29)

Merchant Shipping (Load Lines) Act 1968 (No. 17)

Merchant Shipping (Miscellaneous Provisions) Act 1998 (No. 20)

Merchant Shipping (Safety Convention) Act 1952 (No. 29)

Merchant Shipping Act 1894 (57 & 58 Vic., c.60)

Merchant Shipping Act 1966 (No. 20)

Merchant Shipping Act 1992 (No. 2)

Merchant Shipping Act 2010 (No. 14)

Merchant Shipping Acts 1894 to 2014

National Cultural Institutions Act 1997 (No. 11)

Offences Against the State Act 1939 (No. 13)

Refugee Act 1996 (No. 17)

Sea Pollution (Amendment) Act 1999 (No. 18)

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

Sea Pollution (Miscellaneous Provisions) Act 2006 (No. 29)

Sea Pollution Acts 1991 to 2014

Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8)

Shipping Investment Grants Act 1987 (No. 21)

Taxes Consolidation Act 1997 (No. 39)

Wireless Telegraphy Act 1926 (No. 45)

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Number 43 of 2014


MERCHANT SHIPPING (REGISTRATION OF SHIPS) ACT 2014


An Act to revise the law on the registration, national character, mortgage, sale, transfer, ownership and measurement of Irish ships, to repeal the Mercantile Marine Act 1955 , to amend certain enactments in this regard, to amend the definition of “Safety Convention” in the Merchant Shipping (Safety Convention) Act 1952 and to provide for connected matters.

[25 th December, 2014]

Be it enacted by the Oireachtas as follows: