Harbours Act 2015
|
PART 6 Amendment of Merchant Shipping Act 1992 and Fishery Harbour Centres Act 1968 | ||
|
Amendment of Merchant Shipping Act 1992 | ||
|
51. The Merchant Shipping Act 1992 is amended— | ||
(a) in section 2(1), in the definition of “authorised officer”, by substituting for paragraph (d) the following: | ||
“(d) as respects the harbour of which he or she is the harbour master or is in charge of, a person appointed to be such by one of the following, that is to say: | ||
(i) a company within the meaning of the Harbours Act 1996 ; | ||
(ii) the Minister for Agriculture, Food and the Marine, in respect of a fishery harbour centre (within the meaning of the Fishery Harbour Centres Act 1968 ); | ||
(iii) a local authority (within the meaning of section 2 (as amended by Part 1 of Schedule 1 to the Local Government Reform Act 2014 ) of the Local Government Act 2001 ); | ||
(iv) Iarnród Éireann - Irish Rail, in respect of Rosslare Harbour;”, | ||
(b) in section 18 (inserted by section 47 of the Maritime Safety Act 2005 ) by substituting for subsection (5) the following: | ||
“(5) If in respect of a vessel there is a contravention of a regulation under this section— | ||
(a) (other than in respect of a matter referred to in subsection (2)(d)), the owner and (if the vessel is in use) the master of the vessel each commits an offence and each is liable on summary conviction to a class A fine, or | ||
(b) in respect of a matter referred to in subsection (2)(d), the owner of the vessel (or, if the vessel is on hire, the person to whom it is on hire) and the master of the vessel each commits an offence and each is liable— | ||
(i) on summary conviction, to a class A fine 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.”, | ||
(c) in section 19 (inserted by the said section 47) by substituting for subsection (5) the following: | ||
“(5) If in respect of a fishing vessel there is a contravention of a regulation under this section— | ||
(a) (other than in respect of a matter referred to in subsection (2)(f)), the owner and (if the vessel is in use) the master of the vessel each commits an offence and each is liable on summary conviction to a class A fine, or | ||
(b) in respect of a matter referred to in subsection (2)(f) — | ||
(i) the owner and (if the vessel is in use) the master of the vessel, and | ||
(ii) where the person contravening the regulation is not the owner or master of the vessel, that person, | ||
each commits an offence and each is liable on summary conviction to a class A fine.”, | ||
(d) in section 20 (inserted by the said section 47) by substituting for subsection (5) the following: | ||
“(5) If in respect of a pleasure craft there is a contravention of a regulation under this section— | ||
(a) the owner and (if the craft is in use) the master of the craft, and | ||
(b) where the person contravening the regulation is not the owner or master of the craft, that person, | ||
each commits an offence and each is liable on summary conviction to a class A fine.”, | ||
and | ||
(e) in section 27 (inserted by the said section 47)— | ||
(i) by substituting for subsection (1) the following: | ||
“(1) The Minister may prescribe that this section applies to a contravention or a contravention in particular circumstances of a regulation made under section 18 (other than in respect of a matter referred to in subsection (2)(d)), 19 or 20.”, | ||
and | ||
(ii) in subsection (2), by substituting “section 18(5) (a), 19(5) or 20(5) in relation to a contravention or a contravention in particular circumstances of a regulation made under section 18, 19 or 20” for “section 18, 19 or 20 in relation to a contravention of regulations made under section 18, 19 or 20”. |