Merchant Shipping (Registration of Ships) Act 2014
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Entitlement to register certain ships on Register | ||
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12. (1) A ship is entitled to be registered on the Register if— | ||
(a) it is owned, by a person, referred to in section 15, qualified to register on the Register, | ||
(b) it complies with such conditions or other requirements as may be prescribed under subsections (2) and (3), and | ||
(c) it is not registered under the law of another state. | ||
(2) Subject to subsection (1), the Minister may prescribe that a ship or type of ship may only be entitled to be registered on the Register, or a particular Part of the Register, provided it meets the prescribed standards and conditions in relation to all or any of the following: | ||
(a) previous and current safety, environment and security inspection history of the ship; | ||
(b) the type, age and size of the ship; | ||
(c) recognised organisation involved in the certification of the ship; | ||
(d) company performance of operators of the ship; | ||
(e) current flag state of the ship; | ||
(f) the trading pattern of the ship. | ||
(3) Notwithstanding subsection (2), the Minister may make regulations to further regulate entitlement to register certain ships on the Register in order to comply with obligations to monitor Irish ships for compliance with relevant conventions or other legislation or for the purpose of the effective management of the Register having regard to the following: | ||
(a) the type, age and size of the ship; | ||
(b) the trading pattern of the ship; | ||
(c) the use of the ship, including the use of the ship in the commission of an offence; | ||
(d) circumstances where the owner of a ship has been convicted of any of the following offences, namely— | ||
(i) a drug trafficking offence (within the meaning of section 3 of the Criminal Justice Act 1994 ), | ||
(ii) an offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000 , | ||
(iii) an offence under the Criminal Law (Human Trafficking) Act 2008 , | ||
(iv) an offence under the Firearms Acts 1925 to 2009, | ||
(v) an offence involving the illegal importation of any goods the importation of which is prohibited or restricted by any enactment or statutory instrument, | ||
(vi) an offence of aiding, abetting, counselling, procuring or attempting any of the offences referred to in subparagraphs (i) to (v), or | ||
(vii) the corresponding offence of the law of another jurisdiction in respect of any of the offences mentioned in the preceding subparagraphs. | ||
(4) An Irish ship shall have its operations controlled and directed from within the State in accordance with regulations to be made by the Minister under section 11. |