Merchant Shipping (Registration of Ships) Act 2014
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Interpretation | ||
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2. In this Act— | ||
“Act of 1955” means Mercantile Marine Act 1955 ; | ||
“Act of 2003” means Fisheries (Amendment) Act 2003 ; | ||
“Act of 2005” means Maritime Safety Act 2005 ; | ||
“Act of 2006” means Sea-Fisheries and Maritime Jurisdiction Act 2006 ; | ||
“approved form” means a form approved of by the Minister under section 32 for the purposes of this Act; | ||
“authorised person” means a person referred to in subsection (1), or appointed under subsection (2), of section 39 ; | ||
“certificate of deletion” means the certificate issued by a state to prove that a ship has been deleted from the ship register of that state; | ||
“certificate of measurement” means a certificate of measurement issued under section 20 (1); | ||
“certificate of registry” means, as the case may be— | ||
(a) a certificate of registry, a certificate of registry of provisional registration or a certificate of registry of non-operative registration granted by the Minister under section 28 , | ||
(b) a certificate of registry of temporary registration granted by the Minister under section 23 , or | ||
(c) a certificate of registry of visitor registration granted by the Minister under section 24 , | ||
and contains particulars of the ship; | ||
“company” in relation to a ship, means the owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, responsible for the operation of the ship and for all duties and responsibilities under the International Safety Management (ISM) Code if that Code applies to the ship; | ||
“consular officer” means a career consular officer or an honorary consular officer both of which shall be construed in accordance with Article 1 of the Vienna Convention on Consular Relations done at Vienna on 24 April 1963, which Convention is set out in the Second Schedule to the Diplomatic Relations and Immunities Act 1967 ; | ||
“conventions” means international conventions applying to ships; | ||
“Defence Forces” means the defence forces raised and maintained under the Defence Act 1954 ; | ||
“diplomatic officer” means a person in the Civil Service of the State who is an ambassador extraordinary and plenipotentiary, an envoy extraordinary and minister plenipotentiary, a chargé d’affaires, a counsellor of embassy or legation, a secretary of embassy or legation or an attaché ; | ||
“document of compliance” means a document issued to a company to indicate compliance with the requirements of the International Safety Management (ISM) Code in relation to the safe management and operation of ships and pollution prevention; | ||
“draft of water” means the vertical distance from the waterline to the underside of the keel of a vessel; | ||
“EEA Agreement” means the Agreement on the European Economic Area done at Oporto on 2 May 1992 as adjusted by the Protocol done at Brussels on 17 March 1993; | ||
“EEA state” means a state which is a contracting party to the EEA Agreement; | ||
“fishing boat” means a ship, boat or other vessel designed, equipped or used commercially for catching or taking fish or other living resources of the sea (including the sea bed) or freshwater; | ||
“flag warrant” means an authorisation under section 34 (3) to use a special flag on a ship in lieu of the national flag; | ||
“foreign ship” means a ship that is not an Irish ship; | ||
“IMO” means the International Maritime Organization; | ||
“International Safety Management (ISM) Code” means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by the International Maritime Organization (IMO) which is given effect by Regulation (EC) No. 336/2006 of the European Parliament and of the Council of 15 February 20061 ; | ||
“International Tonnage Convention” means the International Convention on Tonnage Measurement of Ships 1969; | ||
“international voyage” means— | ||
(a) a voyage by sea from the State to another state, or conversely, | ||
(b) a voyage by sea from the State to a point at sea that is outside the State, or conversely, or | ||
(c) a voyage by sea that does not originate or terminate in the State; | ||
“Irish body corporate” means a company formed and registered under the Companies Act 1963 , or a body corporate established by or under statute, and subject to the law of the State and having its principal place of business in the State; | ||
“Irish citizen” has the meaning assigned to it in the Irish Nationality and Citizenship Act 1956 ; | ||
“Irish Coast Guard” means that part of the Department of Transport, Tourism and Sport that is known by that name; | ||
“Irish ship” has the meaning assigned to it by section 33 ; | ||
“Irish waters” includes the territorial seas, the waters on the landward side of the territorial seas, and the estuaries, rivers, lakes and other inland waters (whether or not artificially created or modified) of the State; | ||
“load line length”, in relation to a ship, means its length ascertained in accordance with load line rules made under section 3, or regulations made under section 1 (6), of the Merchant Shipping (Load Lines) Act 1968 ; | ||
“local authority” means a local authority within the meaning of section 5 of the Act of 2005; | ||
“manager” means a representative resident in the State who controls and directs the operations of a ship and is responsible for the maintenance or safety of the ship; | ||
“master” means the person having, for the time being, the command or charge of a ship; | ||
“Merchant Shipping Acts” means Merchant Shipping Acts 1894 to 2014; | ||
“Minister” means Minister for Transport, Tourism and Sport; | ||
“national colours” has the meaning assigned to it in section 34 ; | ||
“national flag” means the tricolour of green, white and orange in accordance with Article 7 of the Constitution; | ||
“non-operative registration” means registration granted under section 18 (3); | ||
“operating domestically” means any voyage which is wholly or partially in Irish waters other than an international voyage which does not originate or terminate in the State; | ||
“owner” in relation to a ship, means the person or body corporate registered under this Act as its owner or, if no person is so registered, the person who owns the ship; | ||
“particulars of ships” means all details or information in relation to a ship required to be recorded on the Register in accordance with this Act; | ||
“personal watercraft” means a ship (other than a recreational craft) of less than 7 metres in length overall which uses an internal combustion engine having a water jet pump as its primary source of propulsion, and which is designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of a hull, or as prescribed under section 11 (5); | ||
“port of registry” means the port at which a ship is registered; | ||
“prescribe” means prescribe (other than in sections 3 and 30 ) by regulations made by the Minister; | ||
“provisional registration” means registration granted under section 18 (2); | ||
“qualified person” means a person referred to in section 15 ; | ||
“recognised organisation” means an organisation recognised in accordance with Regulation (EC) No. 391/2009 of the European Parliament and of the Council of 23 April 2009 2 ; | ||
“recreational craft” means a ship not engaged in trade and intended for sports and leisure purposes, but does not include personal watercraft and small fast powered craft; | ||
“Register” means Irish Register of Ships established under section 9 ; | ||
“registered mortgage” means a mortgage registered on the Register; | ||
“registered office” means the address of the office registered with the Companies Registration Office or the office address which holds a document of compliance issued in accordance with the requirements of the International Safety Management (ISM) Code under the authority of the State; | ||
“registered ship” means a ship registered on the Register under this Act; | ||
“registrar of ships” has the meaning assigned to it by section 17 ; | ||
“Regulations of 2007” means Mercantile Marine (Tonnage) Regulations 2007 ( S.I. No. 369 of 2007 ); | ||
“representative person” means a person appointed under section 16 (1); | ||
“Sea Pollution Acts” means Sea Pollution Acts 1991 to 2014; | ||
“sea-fishing boat” has the meaning assigned to it by section 6 of the Act of 2006; | ||
“sea-fishing boat licence” means a licence granted under section 4 (inserted by section 97 of the Act of 2006) of the Act of 2003; | ||
“sea-fisheries protection officer” means a person declared by section 16 of the Act of 2006 to be a sea-fisheries protection officer; | ||
“ship” includes every description of vessel used in navigation not propelled exclusively by oars and includes personal watercraft and small fast powered craft; | ||
“small fast powered craft” means a ship (other than a recreational craft or a fishing boat) of less than 7 metres length overall with a total propulsion engine power of equal to or greater than 150 kW, or as prescribed under section 11 (5); | ||
“State-owned ship” means a ship wholly owned by the Government or a Minister of the Government; | ||
“surveyor” means a surveyor of ships; | ||
“surveyor of ships” means— | ||
(a) a person appointed under section 724 of the Merchant Shipping Act 1894 to be a surveyor of ships for the purposes of that Act, and | ||
(b) in section 20 , a recognised organisation authorised by the Minister under the European Communities (Ship Inspection and Survey Organisations) Regulations 2011 ( S.I. No. 275 of 2011 ); | ||
“tonnage regulations” means tonnage regulations made under section 91 of the Act of 1955; | ||
“visitor” means a person who is not domiciled in the State; | ||
“warship” has the meaning assigned to it in Article 29 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and means a ship belonging to the armed forces of a state bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the state and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline. | ||