Mercantile Marine Act, 1955

Restriction on transfer or mortgage.

62.—(1) A person shall not transfer or mortgage, or transfer any mortgage of, any Irish ship or any share in an Irish ship unless—

(a) the transaction is approved of by the Minister, or

(b) the transaction is a transaction declared by regulations under subsection (3) of this section to be an excepted transaction for the purposes of this section.

(2) If an instrument is executed which purports to be a transfer, mortgage or transfer of a mortgage of an Irish ship or of a share therein and the transaction to which the instrument relates is neither approved of by the Minister nor a transaction declared by regulations under subsection (3) of this section to be an excepted transaction for the purposes of this section, the instrument shall be void.

(3) The Minister may by regulations declare that a transaction which—

(a) is a transfer, mortgage or transfer of a mortgage in which both the transferor or mortgagor and the transferee or mortgagee is one or more than one of the following:—

(i) a person ordinarily resident in the State,

(ii) an Irish body corporate, or

(b) is a transfer, mortgage or transfer of a mortgage of a ship of a specified class or of any share therein,

shall be an excepted transaction for the purposes of this section.