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Issue of passenger ship's certificate.
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8.—(1) On the receipt of a declaration of survey in relation to a survey carried out not more than 2 months before the date of such receipt, the Minister, if he is satisfied that this Part has been complied with, shall, subject to subsection (4), issue to the owner of the vessel concerned a certificate in relation to the vessel (which shall be known as a passenger ship's certificate and is referred to in this Act as “a certificate”) stating such compliance and containing requirements, in accordance with the declarations in the declaration of survey delivered by the surveyor concerned, as to—
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(a) the limits (if any) beyond which the vessel shall not ply,
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(b) the maximum number of passengers that the vessel shall carry (specifying, if necessary, the numbers to be carriedin different parts of the vessel) and any conditions and variations to which the number is subject.
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(2) A certificate shall be subject to such conditions and restrictions (if any) as the Minister may impose, at the time of the grant of the certificate or subsequently, and any such conditions or restrictions shall be specified in the certificate or in another document given or sent to the holder of the certificate by the Minister.
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(3) A certificate shall, unless previously revoked or suspended, remain in force for one year or for such period, being less than one year, as may be specified in the certificate and shall then expire.
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(4) Subject to the provisions of this section, a certificate shall be in such form as the Minister may determine.
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(5) Notwithstanding anything contained in a declaration of survey, if the owner of the vessel concerned has been convicted of—
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(a) an offence under subsection (6) (c), or
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(b) any other offence that, in the opinion of the Minister, is of such a nature that, in the interests of safety, the person should not be the holder of a certificate in relation to the vessel,
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the Minister may refuse to grant a certificate in relation to the vessel to the person.
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(6) If in respect of a vessel there is a failure or refusal to comply with a condition, restriction or requirement specified in the certificate relating to it, the owner (or, if the vessel is on hire, the person to whom it is on hire) and the master shall each be guilty of an offence and shall each be liable—
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(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or
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(b) on conviction on indictment of an offence consisting of a failure or refusal to comply with a condition or restriction specified in the certificate, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 2 years or to both, or
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(c) on conviction on indictment of an offence consisting of a failure or refusal to comply with a requirement specified in the certificate, to a fine not exceeding £100,000 or to imprisonment for a term not exceeding 2 years or to both.
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