S.I. No. 512/2005 - Maritime Safety Act 2005 (Fixed Payment Notices) (Sections 33 and 34) Regulations 2005

S.I. No. 512 of 2005 .

MARITIME SAFETY ACT 2005 (FIXED PAYMENT NOTICES) (SECTIONS 33 AND 34) REGULATIONS 2005.

I, PAT THE COPE GALLAGHER, Minister of State at the Department of Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 27 (inserted by section 47(2) of the Maritime Safety Act 2005 (No. 11 of 2005)) of the Merchant Shipping Act 1992 (No. 2 of 1992) and the Marine (Delegation of Ministerial Functions)(No. 2) Order 2004 ( S.I. No. 709 of 2004 ) hereby make the following regulations:

1. These Regulations may be cited as the Maritime Safety Act 2005 (Fixed Payment Notices) (Sections 33 and 34 Regulations 2005.

2. For the purposes of section 27(2)(b) (inserted by section 47(2) of the Maritime Safety Act 2005 (No. 11 of 2005)) of the Merchant Shipping Act 1992 (No. 2 of 1992 the amount of €50, in lieu of €150, is prescribed in respect of a contravention of section 33(3) of the Maritime Safety Act 2005 .

3. The form set out in Schedule 1 to these Regulations is prescribed as the form of the notice to be served on a person in relation to an alleged offence under section 33(3) of the Maritime Safety Act 2005 .

4. The form set out in Schedule 2 to these Regulations is prescribed as the form of the notice to be served on a person in relation to an alleged offence under section 34(2) of the Maritime Safety Act 2005 .

Schedule 1

Regulation 3

FIXED PAYMENT NOTICE IN RELATION TO AN ALLEGED OFFENCE UNDER SECTION 33(3) OF THE MARITIME SAFETY ACT 2005

TO: .............................................................................................................................

ADDRESS: .............................................................................................................

.............................................................................................................

It is alleged that you committed an offence under section 33(3) of the above Act

at .........................................................................................................................................

on ........................................................................................................................................

A description of the alleged offence is given below.

A prosecution in respect of the alleged offence will not be instituted during the period of 21 days beginning on the date of this notice and, if during that period you pay to¹

....................................................................................................................................

the sum of €50² accompanied by this notice, a prosecution in respect of the alleged offence will not be instituted.

SIGNED: ..........................................................................................................................

Authorised Officer

DATE: ..........................................................................................................................

Maritime Safety Act 2005

Section	Description of Alleged Offence
33(3)	Failure by passenger to comply with direction by master or authorised person on board passenger boat or ship.

Schedule 2

Regulation 4

FIXED PAYMENT NOTICE IN RELATION TO AN ALLEGED OFFENCE UNDER SECTION 34(2) OF THE MARITIME SAFETY ACT 2005

TO: ...........................................................................................................................

ADDRESS: ......................................................................................................................

......................................................................................................................

It is alleged that you committed an offence under section 34(2) of the above Act

at .........................................................................................................................................

on ........................................................................................................................................

A description of the alleged offence is given below.

A prosecution in respect of the alleged offence will not be instituted during the period of 21 days beginning on the date of this notice and, if during that period you pay to¹

....................................................................................................................................

the sum of €150² accompanied by this notice, a prosecution in respect of the alleged offence will not be instituted.

SIGNED: ..............................................................................................................

Authorised Officer

DATE: ....................................................................................................................

Maritime Safety Act 2005

Section	Description of Alleged Offence
34(2)	Failure by master or owner of a vessel to have required nautical publications on board the vessel going or attempting to go to sea or into other Irish waters..

GIVEN under my hand, 10 August 2005.

PAT THE COPE GALLAGHER,

Minister of State at the Department of Communications, Marine and Natural Resources.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the form of Notices specifying fixed payments (“on-the-spot-fines”) in lieu of prosecution if appropriate, in relation to alleged offences under certain provisions of the Maritime Safety Act 2005 (No. 11 of 2005), namely,

section 33(3) (failure by passenger to comply with direction by master or authorised person on board passenger boat or ship) — €50 fixed payment (as prescribed by Regulation 2 of these Regulations), or

section 34(2) (failure by master or owner of a vessel to have required nautical publications on board the vessel going or attempting to go to sea or into other Irish waters) — €150 fixed payment (as set by section 27(2)(b) of the Merchant Shipping Act 1992 (No. 2 of 1992) as inserted by section 47(2) of the Maritime Safety Act 2005 ).

Either or both amounts of fixed payment may be changed in the future by Ministerial Regulations under section 27 of the Merchant Shipping Act 1992 .

1. Insert name of statutory authority and address where payment is to be made.

2. Insert other amount if different amount is prescribed.

1. Insert name of statutory authority and address where payment is to be made.

2. Insert other amount if different amount is prescribed.