Maritime Security Act 2004


1.—(1) In this Act, unless the context otherwise requires—

“act” includes omission and a reference to doing an act includes a reference to making an omission;

“Convention” means the Convention for the suppression of unlawful acts against the safety of maritime navigation, done at Rome on 10 March 1988;

“Convention state” means a state (other than the State) which is a state party to the Convention or Protocol;

“fixed platform” means an artificial island, installation or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes and located within an area designated under section 2 of the Continental Shelf Act 1968 ;

“Irish ship” means a ship, as so defined in section 9 of the Mercantile Marine Act 1955 , wherever situate;

“master”, in relation to a ship, means the person having for the time being the command or charge of the ship;

“Protocol” means the Protocol for the suppression of unlawful acts against the safety of fixed platforms located on the continental shelf, done at Rome on 10 March 1988;

“ship” means a vessel of any type not permanently attached to the sea-bed, including dynamically supported craft, submersibles or any other floating craft, but does not include—

(a) a warship,

(b) a ship owned or operated by a state when being used as a naval auxiliary or for customs or police purposes, or

(c) a ship which has been withdrawn from navigation or laid up,

and, in relation to a ship which is not an Irish ship, means such a ship which is in the territorial seas of the State.

(2) References in this Act to a member of the Defence Forces are references to such a member acting at the request of a member of the Garda Síochána not below the rank of inspector.

(3) For convenience of reference the texts of the Convention and Protocol in the English language are set out in Schedules 1 and 2.

(4) In this Act—

(a) a reference to a section or Schedule is to a section of, or Schedule to, this Act,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, and

(c) a reference to any other enactment is to that enactment as amended by or under any other enactment (including this Act).