Merchant Shipping (Registration of Ships) Act 2014

• Permanent Page URL

Power to detain ships and procedure for detention and appeal

41. (1) A surveyor may detain—

(a) a ship that is in a port in the State or in Irish waters, or

(b) an Irish ship in a foreign port, with the permission of the competent authority of the port concerned,

if, in his or her opinion, it is in breach of section 11 , 23 , 24 or 26 or regulations made thereunder, or section 27 , 28 , 37 or 38 .

(2) For the purposes of enforcing this section, a surveyor may—

(a) in the case of any ship, stop, board and inspect the ship in or on Irish waters or on land within the State, and

(b) in the case of an Irish ship, stop, board and inspect that ship anywhere.

(3) A surveyor may request of a person on a ship stopped and boarded under subsection (2) and whom the surveyor suspects is committing or has committed an offence under section 11 , 23 , 24 , 26 , 27 , 28 , 37 or 38 to give his or her name and address.

(4) A surveyor, for the purposes of enforcing this section, may—

(a) if the ship is underway, order it to be stopped or be manoeuvred as directed for the purposes of identification or of allowing the surveyor to go on board it,

(b) board the ship,

(c) require the owner, master or member of the crew of the ship to produce the certificate of registry or other records relating to the ship which are in his or her possession or control, and inspect and take extracts from or copies of the certificate of registry,

(d) require the master of the ship to give an explanation concerning the ship and the certificates or other records relating to it,

(e) request and take the name, address and other details of any person on board the ship,

(f) request co-operation and assistance from the master or crew of the ship in relation to the inspection, examination and detention of the ship, and

(g) if he or she suspects that there has been a contravention by any person on board the ship of the requirements of section 11 , 23 , 24 or 26 or regulations made thereunder, or section 27 , 28 , 37 or 38 without summons, warrant or other process—

(i) if the ship is not in a port, take or instruct that the ship and all persons on board be taken to port or order the master of the ship to take the ship directly to a specified port, and detain the ship, or

(ii) if the ship is in a port, detain the ship at the port or order the master of the ship to take it directly to a more convenient port and there detain it.

(5) A surveyor shall, if requested by a person affected, produce evidence of his or her authority.

(6) A surveyor when exercising any powers under this section in a port in the State, in Irish waters or on land within the State may be accompanied by other persons, which may include a member of the Garda Síochána, a person holding commissioned naval rank in the Permanent Defence Forces or an officer of the Revenue Commissioners, and may take with him or her, or those persons may take with them, any equipment or materials (including firearms or other weapons (where he or she or any of those other persons is a member of the Defence Forces or the Garda Síochána)) to assist the surveyor in the exercise of his or her powers.

(7) A surveyor when exercising any powers under this section in a foreign port may be accompanied by other persons which may include a translator or personnel of the enforcement authorities of the state in which the port is situated.

(8) A person being a member of the Garda Síochána or the Defence Forces accompanying a surveyor may only use such force as he or she deems necessary to ensure the safety of the surveyor and where the surveyor is threatened, obstructed, intimidated or interfered with in exercising his or her duties. The degree of force shall not exceed that reasonably required in the circumstances.

(9) The master of a ship who fails to obey—

(a) an order for the ship to be stopped or to be manoeuvred in accordance with directions, or

(b) an instruction for the ship to be taken to a specified port,

given by a surveyor under this section commits an offence and is liable—

(i) on summary conviction, to a class A fine, or

(ii) on conviction on indictment, to a fine not exceeding €100,000.

(10) (a) When a ship has been detained under this section, the master or owner of the ship shall be issued with a notice of detention stating the reasons for the detention and the action required to the satisfaction of the surveyor before the notice of detention can be withdrawn.

(b) Where a surveyor of ships is satisfied that the action required, as referred to in a notice of detention, has been satisfactorily remedied, he or she shall withdraw the notice.

(11) The master or owner of the ship, or his or her representative in the State, may appeal against a detention decision taken by a surveyor under this section but the lodging of such an appeal shall not cause the detention to be suspended.

(12) An appeal under subsection (11) shall lie to the judge of the Circuit Court in whose Circuit the port in which the ship is or was berthed or docked at the time of making the application is located or in the case of an Irish ship detained in a foreign port, the Dublin Circuit Court, and shall be made not later than 7 working days after the commencement of the detention, unless the Court considers that there is good and sufficient reason for extending that period.

(13) On hearing the appeal under subsection (11), the Court may confirm or vary the detention or allow the appeal.

(14) A decision of the Circuit Court on an appeal under subsection (11) shall be final, except by leave of the Court, an appeal on a specific point of law lies to the High Court.

(15) Any costs relating to the detention of a ship under this section shall be borne by the owner of the ship.