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5/23/2019Merchant Shipping (Registration of Ships) Act 2014“Irish ship” has the meaning assigned to it by section 33 ;“Irish waters” includes the territorial seas, the waters on the landward side of the territorialseas, and the estuaries, rivers, lakes and other inland waters (whether or not artificiallycreated or modified) of the State;“load line length”, in relation to a ship, means its length ascertained in accordance with loadline rules made under section 3, or regulations made under section 1 (6), of the MerchantShipping (Load Lines) Act 1968 ;“local authority” means a local authority within the meaning of section 5 of the Act of 2005;“manager” means a representative resident in the State who controls and directs theoperations of a ship and is responsible for the maintenance or safety of the ship;“master” means the person having, for the time being, the command or charge of a ship;“Merchant Shipping Acts” means Merchant Shipping Acts 1894 to 2014;“Minister” means Minister for Transport, Tourism and Sport;“national colours” has the meaning assigned to it in section 34 ;“national flag” means the tricolour of green, white and orange in accordance with Article 7of the Constitution;“non-operative registration” means registration granted under section 18 (3);“operating domestically” means any voyage which is wholly or partially in Irish waters otherthan an international voyage which does not originate or terminate in the State;“owner” in relation to a ship, means the person or body corporate registered under this Actas its owner or, if no person is so registered, the person who owns the ship;“particulars of ships” means all details or information in relation to a ship required to berecorded on the Register in accordance with this Act;“personal watercraft” means a ship (other than a recreational craft) of less than 7 metres inlength overall which uses an internal combustion engine having a water jet pump as itsprimary source of propulsion, and which is designed to be operated by a person or personssitting, standing or kneeling on, rather than within the confines of a hull, or as prescribedunder section 11 d/en/print.html?printonload true11/72

5/23/2019Merchant Shipping (Registration of Ships) Act 2014“port of registry” means the port at which a ship is registered;“prescribe” means prescribe (other than in sections 3 and 30 ) by regulations made by theMinister;“provisional registration” means registration granted under section 18 (2);“qualified person” means a person referred to in section 15 ;“recognised organisation” means an organisation recognised in accordance with Regulation(EC) No. 391/2009 of the European Parliament and of the Council of 23 April 2009 2 ;“recreational craft” means a ship not engaged in trade and intended for sports and leisurepurposes, but does not include personal watercraft and small fast powered craft;“Register” means Irish Register of Ships established under section 9 ;“registered mortgage” means a mortgage registered on the Register;“registered office” means the address of the office registered with the CompaniesRegistration Office or the office address which holds a document of compliance issued inaccordance with the requirements of the International Safety Management (ISM) Codeunder the authority of the State;“registered ship” means a ship registered on the Register under this Act;“registrar of ships” has the meaning assigned to it by section 17 ;“Regulations of 2007” means Mercantile Marine (Tonnage) Regulations 2007 ( S.I. No. 369 of2007 );“representative person” means a person appointed under section 16 (1);“Sea Pollution Acts” means Sea Pollution Acts 1991 to 2014;“sea-fishing boat” has the meaning assigned to it by section 6 of the Act of 2006;“sea-fishing boat licence” means a licence granted under section 4 (inserted by section 97 ofthe Act of 2006) of the Act of 2003;“sea-fisheries protection officer” means a person declared by section 16 of the Act of 2006to be a sea-fisheries protection acted/en/print.html?printonload true12/72

5/23/2019Merchant Shipping (Registration of Ships) Act 2014“ship” includes every description of vessel used in navigation not propelled exclusively byoars and includes personal watercraft and small fast powered craft;“small fast powered craft” means a ship (other than a recreational craft or a fishing boat) ofless than 7 metres length overall with a total propulsion engine power of equal to orgreater than 150 kW, or as prescribed under section 11 (5);“State-owned ship” means a ship wholly owned by the Government or a Minister of theGovernment;“surveyor” means a surveyor of ships;“surveyor of ships” means—(a) a person appointed under section 724 of the Merchant Shipping Act 1894 to be asurveyor of ships for the purposes of that Act, and(b) in section 20 , a recognised organisation authorised by the Minister under the EuropeanCommunities (Ship Inspection and Survey Organisations) Regulations 2011 ( S.I. No. 275of 2011 );“tonnage regulations” means tonnage regulations made under section 91 of the Act of1955;“visitor” means a person who is not domiciled in the State;“warship” has the meaning assigned to it in Article 29 of the 1982 United NationsConvention on the Law of the Sea (UNCLOS) and means a ship belonging to the armedforces of a state bearing the external marks distinguishing such ships of its nationality,under the command of an officer duly commissioned by the government of the state andwhose name appears in the appropriate service list or its equivalent, and manned by a crewwhich is under regular armed forces discipline.Fees3. (1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, prescribeby order (in this Act referred to as a fees order) the fees to be charged for applications, renewalsand inspections made, certificates issued, ship registrations and other services provided under thisAct, including under sections 9 , 18 , 19 , 20 and 28 n/print.html?printonload true13/72

5/23/2019Merchant Shipping (Registration of Ships) Act 2014(2) Different fees or levels of fees may be prescribed under this section in respect of different types,classes or descriptions of ships and for different applications and renewals and differentpurposes and services.(3) An application for ship registration, to amend, transfer or to renew registration, shall not beconsidered until the prescribed fee has been paid.(4) All fees payable under a fees order shall be collected and taken in such manner as the Ministerfor Public Expenditure and Reform shall from time to time direct and shall be paid into ordisposed of for the benefit of the Exchequer.Expenses4. The expenses incurred by the Minister in the administration of this Act shall be paid out of moneysprovided by the Oireachtas.Regulations5. The Minister may make regulations:(a) for any purpose in relation to which regulations are provided for in this Act or prescribing anymatter or thing referred to in this Act as prescribed or to be prescribed;(b) to make different provision for different types, classes or descriptions of ships and for differentcircumstances.Laying of orders and regulations6. Every order made under section 3 or 30 or regulation made under this Act shall be laid before eachHouse of the Oireachtas as soon as may be after it is made and, if a resolution annulling the orderor regulation is passed by either such House within the next 21 days on which that House sits afterthe order or regulation is laid before it, the order or regulation is annulled, but without prejudice tothe validity of anything previously done under it.Repeals7. The enactments specified in Schedule 1 are repealed to the extent indicated in column (3) of thatSchedule.Revocations8. The instruments specified in Schedule 2 are acted/en/print.html?printonload true14/72

5/23/2019Merchant Shipping (Registration of Ships) Act 2014PART 2Registration of ShipsIrish Register of Ships9. (1) The Minister shall establish and maintain a register of Irish ships to be known as the IrishRegister of Ships (in this Act referred to as the Register) for the registration of ships under this Act.(2) The Register shall consist of different Parts, as deemed necessary by the Minister and asspecified by the Minister in regulations, to facilitate the registration of different types ordescriptions of ships, of different particulars of ships and for different purposes andcircumstances.(3) The Minister may prescribe the types and particulars of ships to be registered in each Part of theRegister.(4) Subject to section 10 the Register shall be administered on behalf of the Minister by an officer orofficers of the Minister so designated, by officers of the Revenue Commissioners or by officers ofother Ministers of the Government with the approval of the Minister, the RevenueCommissioners or those other relevant Ministers, as the case may be.(5) The Register shall be maintained in such form (including electronic form) as the Minister maydetermine from time to time.(6) The Minister may amend the form of the Register as he or she deems appropriate, including theaddition of new Parts, or to give effect to technical changes required by European Union law,international treaties or conventions, and for the proper administration of the Register.(7) Where a ship is registered on a Part of the Register, the Minister may register the ship on adifferent Part provided the ship fulfils the requirements for that Part and the ship is onlyregistered on one Part of the Register.(8) Prior to completion of registration, a ship shall be assigned a number for the purpose offacilitating compliance with the requirements of section 26 .(9) Subject to compliance with the standards or conditions or both of registration, registration onthe Register may be granted for an initial period of up to 5 years and, subject to compliance withany conditions applying under section 18 (10) and a renewal of registration in accordance withsection 19 , subsequent registrations of a ship may be granted for periods of up to 10 ted/en/print.html?printonload true15/72

5/23/2019Merchant Shipping (Registration of Ships) Act 2014(10) A person shall have access to the Register in accordance with regulations made by the Ministerand such regulations may include—(a) the nature and extent of such access,(b) different categories of access, and(c) the amount of any fee to be charged for such access.(11) The Minister may amend the Register where—(a) an error has occurred, or(b) sufficient evidence is produced to satisfy the Minister that an entry is incorrect.(12) On making an amendment under subsection (11), the Minister shall issue a replacementcertificate of registry to expire on the date entered on the Register for the original certificate.(13) Where the Minister proposes to amend an entry under subsection (11)(b), the Minister shalladvise the owner of the ship of the proposed correction, who may make a submission not laterthan 21 days of such notice.Service agreements — administration of Register10. (1) The Minister may, by an agreement in writing entered into with a State agency, upon suchterms and conditions as may be specified in the agreement, provide for the performance by thatState agency, subject to such terms and conditions (if any) as may be specified, of such functionsrelating to the administration of the Register or Parts of the Register or the registration of ships asmay be so specified, in accordance with this Act and regulations made thereunder.(2) An agreement under subsection (1) shall operate, so long as it continues in force, to confer andvest in the State agency concerned, to the extent and subject to the terms and conditionsspecified in the agreement, which may include the general superintendence and control of theMinister, the function so specified.(3) In this section “State agency” means a body established by or under statute.Requirement to register certain ships11. (1) Subject to subsections (2), (9) and (10), all ships operating domestically, including—(a) a fishing boat in respect of which a sea-fishing boat licence has been granted or is required tobe held under section 4 (inserted by section 97 of the Act of 2006) of the Act of ed/en/print.html?printonload true16/72

5/23/2019Merchant Shipping (Registration of Ships) Act 2014(b) personal watercraft and small fast powered craft, and(c) a ship carrying not more than 3 passengers for the purposes of angling as exempted in theLicensing of Passenger Boats (Exemption) Regulations 2002 ( S.I. No. 274 of 2002 ) from therequirement to be licensed under section 14 of the Merchant Shipping Act 1992 ,are required to be registered on the Register in accordance with this Act.(2) This section does not apply to—(a) a recreational craft which is less than 24 metres in load line length, or(b) a warship.(3) For the purpose of compliance with subsection (1), a registration, for the time being in force,conferring nationality from another state shall be an acceptable form of registration.(4) The Minister may prescribe the categories or types of ships that are required to register onspecific Parts of the Register when operating domestically and owned by qualified persons notholding a current registration conferring nationality from another state.(5) The Minister may prescribe the length overall and other particulars of personal watercraft orsmall fast powered craft and the total engine propulsion power of a small fast powered craft inlieu of that contained in the definitions of “personal watercraft” and “small fast powered craft”, asthe case may be.(6) (a) A ship required to be registered on the Register shall have its operations controlled anddirected from within the State in accordance with regulations made by the Minister.(b) In making regulations under paragraph (a), the Minister may set different and separaterequirements and conditions in relation to different categories and types of ship, for differenttypes of registration, for different Parts of the Register and for different circumstances andpurposes.(7) A person who fails to comply with or contravenes a regulation under subsection (6) commits anoffence.(8) (a) The name, address and contact details of the manager of the ship, a designated person ashoreand a representative person if applicable, shall be disclosed on application to register a shipunder this d/en/print.html?printonload true17/72

5/23/2019Merchant Shipping (Registration of Ships) Act 2014(b) Except in circumstances arising from the sudden death or serious illness of the owner ormanager of the ship, the designated person ashore or representative person, the owner of aship shall give the Minister at least 30 days notice on an approved form of any proposedchange in the name, address or contact details provided in accordance with paragraph (a).(c) The responsibility and authority of a designated person ashore includes monitoring the safetyand pollution prevention aspects of the operation of the ship and ensuring that adequateresources and shore based support are applied, as required.(9) The Minister may prescribe certain ships or types of ships to be exempt from the requirementunder subsection (1) to be registered on the Register.(10) The requirements of subsection (1) do not apply in circumstances where ships arecommandeered and used for periods of time of short duration, not exceeding one month, by amember of the Defence Forces, the Revenue Commissioners, the Irish Coast Guard or the GardaSíochána for law enforcement or emergency response purposes.(11) The owner of a ship that is required to be registered under this Act that is not so registeredcommits an offence.(12) A ship shall not be registered if it is registered under the law of another state.(13) A person who registers a ship in contravention of subsection (12) commits an offence.(14) In this section—“controlled and directed” means compliance with requirements relating to having an office,a designated person ashore, a representative person or a manager within the State, asappropriate, and associated responsibilities in relation to a ship as deemed necessary bythe Minister and set out in regulations made by the Minister under this section;“designated person ashore” means a person ashore having direct access to the shipowneror, where the shipowner has transferred responsibility for the operation of the ship to anoperating company, having direct access to the highest level of management of theoperating company.Entitlement to register certain ships on Register12. (1) A ship is entitled to be registered on the Register if—(a) it is owned, by a person, referred to in section 15, qualified to register on the nacted/en/print.html?printonload true18/72

5/23/2019Merchant Shipping (Registration of Ships) Act 2014(b) it complies with such conditions or other requirements as may be prescribed undersubsections (2) and (3), and(c) it is not registered under the law of another state.(2) Subject to subsection (1), the Minister may prescribe that a ship or type of ship may only beentitled to be registered on the Register, or a particular Part of the Register, provided it meetsthe prescribed standards and conditions in relation to all or any of the foll

the ship and for all duties and responsibilities under the International Safety Management (ISM) Code if that Code applies to the ship; "consular officer" means a career consular officer or an honorary consular officer both of which shall be construed in accordance with Article 1 of the Vienna Convention on Consular