Merchant Shipping Act, 1992

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Interpretation.

2.—(1) In this Act, save where the context otherwise requires—

“authorised officer” means—

(a) any person authorised in writing by the Minister to exercise the powers conferred on an authorised officer by this Act,

(b) a person holding commissioned naval rank in the Permanent Defence Forces, while in uniform,

(c) a member of the Garda Síochána, while in uniform, or

(d) as respects the harbour of which he is the harbour master, a person appointed to be a harbour master by one of the following, that is to say:

(i) a harbour authority within the meaning of the Harbours Act, 1946 ,

(ii) the Commissioners of Public Works in Ireland,

(iii) the Minister for the Marine,

(iv) a local authority, and

(v) Iarnród Éireann—Irish Rail;

“authorised person” means a surveyor or a person authorised in writing by the Minister to carry out inspections of vessels for the purposes of Part III ;

“certificate” means a passenger ship's certificate issued under section 8 and in force and cognate words shall be construed accordingly;

“fishing vessel” means a vessel (other than a vessel registered outside the State) used for sea-fishing or for angling in the sea or in fresh water other than such a vessel so used otherwise than for profit;

“licence” means a passenger boat licence granted under section 15 and in force and cognate words shall be construed accordingly;

“master”, in relation to a vessel, means the person having, for the time being, the command or charge of the vessel;

“the Minister” means the Minister for the Marine;

“owner”, in relation to a vessel, means the person registered under the Mercantile Marine Act, 1955 , as its owner or, if no person is so registered, the person who owns the vessel, and includes any part owner, charterer, manager or operator of the vessel;

“passenger” means any person carried on a vessel other than—

(a) the owner or a person to whom the vessel is on hire or a person employed or engaged in any capacity on board the vessel on the business of the vessel, or

(b) a person on board the vessel either in pursuance of the obligation laid upon the master of the vessel to carry shipwrecked, distressed or other persons or by reason of any circumstances that could not have been prevented or forestalled by the master or the owner of the vessel;

“passenger boat” means—

(a) a vessel carrying not more than 12 passengers for reward or having on board for the purposes of carriage for reward not more than 12 passengers, or

(b) a vessel that is carrying not more than 12 passengers, or has on board for the purposes of carriage not more than 12 passengers, and is on hire pursuant to a contract or other arrangement under which a crew or part of a crew is provided for the vessel by its owner,

and includes a vessel carrying not more than 12 persons to or from their place of work, or having on board not more than 12 persons for the purposes of such carriage, and owned by or on hire to their employer and a vessel registered outside the State and carrying not more than 12 passengers between places in the State, or having on board not more than 12 passengers for the purposes of such carriage, but does not include such a vessel carrying passengers to or from theState or having on board passengers for the purposes of such carriage, a fishing vessel, a ferry boat working in chains or a vessel in respect of which a certificate is in force;

“passenger ship” means a vessel carrying more than 12 passengers or having on board more than 12 passengers for the purposes of carriage and includes a vessel carrying more than 12 persons to or from their place of work, or having on board more than 12 persons for the purposes of such carriage, and owned by or on hire to their employer and a vessel registered outside the State and carrying more than 12 passengers between places in the State, or having on board more than 12 passengers for the purposes of such carriage, but does not include such a vessel carrying passengers to or from the State or having passengers on board for the purposes of such carriage, a fishing vessel or a ferry boat working in chains;

“prescribed” means prescribed by regulations made by the Minister;

“the Principal Act” means the Merchant Shipping Act, 1894 ;

“radio surveyor” means a radio surveyor within the meaning of section 16 of the Merchant Shipping (Safety Convention) Act, 1952 ;

“registered” means registered under the Merchant Shipping Acts, 1894 to 1983;

“skipper”, in relation to a fishing vessel, means the person having for the time being the command or charge of the vessel;

“surveyor” means a person appointed under section 724 of the Principal Act to be a surveyor of ships for the purposes of that Act;

“vessel” includes any ship or boat and any other vessel used in navigation.

(2) In this Act—

(a) a reference to a Part or section is a reference to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.