S.I. No. 318/1983 - Merchant Shipping (Accepted Safety Convention Certificates) Regulations, 1983.


S.I. No. 318 of 1983.

MERCHANT SHIPPING (ACCEPTED SAFETY CONVENTION CERTIFICATES) REGULATIONS, 1983.

I, JAMES MITCHELL, Minister for Transport, in exercise of the powers conferred on me by section 28 (2) of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952), the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), and the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1980 ( S.I. No. 11 of 1980 ), hereby make the following regulations:—

1. (1) These Regulations may be cited as the Merchant Shipping (Accepted Safety Convention Certificates) Regulations, 1983.

(2) In these Regulations—

"the Acts" means the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952), the Merchant Shipping Act, 1966 (No. 20 of 1966), and the Merchant Shipping Act, 1981 (No. 33 of 1981);

"Convention" means the International Convention for the Safety of Life at Sea, 1974, as amended and extended by the Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974;

"Convention ship" means a ship to which the Convention applies;

"Convention certificate" means a certificate issued in accordance with the Convention by the government of any country other than the State or a certificate having effect under section 28 (1) of the Merchant Shipping (Safety Convention) Act, 1952 , as if so issued;

"exemption certificate" means a Convention certificate corresponding to an exemption certificate issued by the Minister under the Acts;

"The Minister" means the Minister for Transport;

"passenger ship safety certificate" means a Convention certificate corresponding to a general safety certificate, a short voyage safety certificate, a qualified safety certificate or a qualified short voyage safety certificate issued by the Minister under the Acts;

"cargo ship safety construction certificate" means a Convention certificate corresponding to a cargo ship safety construction certificate issued by the Minister under the Acts;

"cargo ship safety equipment certificate" means a Convention certificate corresponding to a safety equipment certificate issued by the Minister under the Acts;

"cargo ship safety radiotelegraphy certificate" means a Convention certificate corresponding to a radio certificate issued by the Minister under the Acts which relates wholly or partly to radiotelephony or radiotelegraphy;

"cargo ship safety radiotelephony certificate" means a Convention certificate corresponding to a radio certificate issued by the Minister under the Acts which relates to radiotelephony.

(3) These Regulations shall come into operation on the 1st day of December, 1983.

(4) The Merchant Shipping (Accepted Safety Convention Certificates) Regulations, 1967 ( S.I. No. 111 of 1967 ) are hereby revoked.

2. Every Convention certificate in respect of a Convention ship not registered in the State which complies with such of the requirements of these Regulations as apply to it in the circumstances shall be accepted as having the same force as the corresponding certificate issued by the Minister under the Acts.

3. Subject to these Regulations, the form of every passenger ship safety certificate, cargo ship safety construction certificate, cargo ship safety equipment certificate, cargo ship safety radiotelephony certificate, cargo ship safety radiotelegraphy certificate, and exemption certificate shall correspond with the model set out in the Appendix to Annex A to the Convention. The cargo ship safety construction certificate and the cargo ship safety equipment certificate shall, in addition, incorporate the relevant supplement set out in the Protocol of 1978.

4. Every Convention certificate shall be by its terms applicable to the voyage in respect of which a clearance or transire is demanded and to the trade in which the ship is for the time being engaged.

5. Every Convention certificate shall show by its terms that it was issued by or under the authority of the government of the country in which the ship is registered or that it was issued at the request of that government by the Minister or by or under the authority of the government of any other country to which the Convention applies. Such certificate shall be in an official language of the country in which it was issued and any particulars inserted, whether by hand-writing, typescript or otherwise in the blank spaces provided for that purpose, shall be in Roman characters and Arabic figures.

6. Every Convention certificate shall show the date on which it was issued and the period of its validity, which shall not exceed twelve months from the date of issue in the case of any passenger ship safety certificate, cargo ship safety radiotelegraphy certificate or cargo ship safety radiotelephony certificate or an exemption certificate issued in conjunction with any such certificates and twenty-four months from the date of issue in the case of any cargo ship safety equipment certificate or an exemption certificate issued in conjunction therewith.

If a duly authorised officer of the country in which the ship is registered shall have extended the period of the validity of any certificate by a period not exceeding five months for the purpose of enabling the ship to return to that country, or (if not so extended) by a period not exceeding one month for any other purpose, the certificate shall be accepted during the period of any such extension if it complies with such of the other requirements of these Regulations as apply to it in the circumstances.

GIVEN under my Official Seal, this 18th day of October, 1983.

JAMES MITCHELL,

Minister for Transport.

EXPLANATORY NOTE.

These Regulations provide for the acceptance of Convention Certificates issued under the International Convention for the Safety of Life at Sea, 1974, in respect of ships not registered in the State.