Merchant Shipping Act, 1992

Insurance of passenger ships.

13.—(1) A vessel shall not be used as a passenger ship unless there is in force a policy of insurance under which the owner of the vessel or, if the vessel is on hire, the person to whom it is on hire is insured against any sum which he or his personal representative may become liable to pay by way of compensation, damages or costs in respect of injury, loss or damage to a passenger or property on the vessel, or to a person or property not on the vessel, caused by or arising out of the operation of the vessel.

(2) Whenever a person enters into a contract of insurance for the purposes of subsection (1) with the owner or the hirer of a vessel, the person shall give to the owner or the hirer, as the case may be, a certificate in relation to the policy in such form and containing such particulars as may be prescribed and—

(a) the owner or the hirer, as the case may be, shall cause a copy of the certificate to be given or sent by registered post to the Minister, and

(b) the certificate or a copy thereof shall be displayed on the vessel while the vessel is in use as a passenger ship so as to be visible to and legible by all persons on board.

(3) (a) If in respect of a vessel there is a contravention of subsection (1), the owner of the vessel or, if the vessel is on hire, the person to whom it is on hire shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

(ii) on conviction on indictment, to a fine not exceeding £100,000 or to imprisonment for a term not exceeding 2 years or to both.

(b) If in respect of a vessel there is, without reasonable cause, a contravention of subsection (2) (a), the owner or, if the vessel is on hire, the person to whom it is on hire shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(c) If in respect of a vessel there is, without reasonable cause, a contravention of subsection (2) (b), the owner (or, if the vessel is on hire, the person to whom it is on hire) and the master of the vessel shall each be guilty of an offence and shall each be liable on summary conviction to a fine not exceeding £1,000.