Merchant Shipping (Registration of Ships) Act 2014

SCHEDULE 4

Consequential Amendment of Certain Enactments

Section 68

Wireless Telegraphy Act 1926

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 9(1) (as amended by section 182 of the Broadcasting Act 2009 )

In paragraph (a)(i), substitute “Merchant Shipping (Registration of Ships) Act 2014” for “ Mercantile Marine Act 1955 ”.

In paragraph (g), substitute “Merchant Shipping (Registration of Ships) Act 2014” for “ Mercantile Marine Act 1955 ”.

Offences Against the State Act 1939

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 7(3)

(inserted by section 18 of the Criminal Justice (Amendment) Act 2009 )

In paragraph (a), substitute “(within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014)” for “(within the meaning of section 9 of the Mercantile Marine Act 1955 )”.

Merchant Shipping (Safety Convention) Act 1952

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 3(1) (as amended by section 6 (1)(a) of the Merchant Shipping Act 2010 )

In paragraph (a), substitute for the definition of “Irish ship” the following:

“ ‘Irish ship’ means a ship, other than a ship of war, known as such under section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Merchant Shipping Act 1966

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 1(1) (as amended by section 12 (1) of the Merchant Shipping Act 2010 )

Substitute for the definition of “Irish ship” the following:

“ ‘Irish ship’ means a ship, other than a ship of war, known as such under section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Merchant Shipping (Load Lines) Act 1968

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 1

In subsection (1), substitute for the definition of “registered ship” the following:

“ ‘registered ship’ means a ship registered under the Merchant Shipping (Registration of Ships) Act 2014;”.

Substitute for subsection (5) the following:

“(5) Any reference in this Act to the gross tonnage of a ship shall be construed as a reference to the tonnage of the ship as ascertained in accordance with section 20 of the Merchant Shipping (Registration of Ships) Act 2014 and, where in accordance with that section alternative tonnages are assigned to a ship, the gross tonnage of the ship shall, for the purposes of this Act, be taken to be the larger of those tonnages.”.

2.

Section 20

Insert after subsection (4) the following:

“(4A) On the application of the owner of a ship to which this Act applies, which is not a registered ship and is not registered under the law of another state, but is, in exceptional circumstances, required to undertake a single voyage between a place in the State and—

(a) another place in the State, or

(b) a place outside the State,

the Minister may exempt the ship.”.

3.

Section 21

To substitute for subsection (2) the following:

“(2) For the purpose of this section the appropriate certificate—

(a) where the exemption is conferred under subsection (2) or subsection (4) of section 20, is a certificate which shall be called an International Load Line Exemption Certificate,

(b) where the certificate is conferred under subsection (3) of that section, is a certificate which shall be called an Irish load line exemption certificate,

(c) where the exemption is conferred under subsection (4A)(a) of that section, is a certificate which shall be called an Irish load line exemption certificate,

(d) where the exemption is conferred under subsection (4A)(b) of that section to a ship that is either an existing ship of less than 150 tons gross tonnage or a new ship of less than 24 metres in length, is a certificate which shall be called an Irish load line exemption certificate, and

(e) where the exemption is conferred under subsection (4A)(b) of that section to a ship that is either an existing ship of not less than 150 tons gross tonnage or a new ship of not less than 24 metres in length, is a certificate which shall be called an International Load Line Exemption Certificate.”.

Shipping Investment Grants Act 1987

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 3(2)

In paragraph (a), substitute “Part 2 of the Merchant Shipping (Registration of Ships) Act 2014” for “Part II of the Mercantile Marine Act 1955 ”.

Merchant Shipping Act 1992

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 2(1)

Substitute for the definition of “owner” the following:

“ ‘owner’, in relation to a vessel, means the person registered under the Merchant Shipping (Registration of Ships) Act 2014 as its owner or, if no person is so registered, the person who owns the vessel, and includes any part owner, charterer, manager or operator of the vessel;”.

Criminal Justice Act 1994

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 3(1)

Substitute for the definition of “Irish ship” the following:

“ ‘Irish ship’ has the meaning assigned to it by section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Dumping at Sea Act 1996

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 1

Substitute for the definition of “Irish vessel” the following:

“ ‘Irish vessel’ means a ship which is an Irish ship within the meaning of the Merchant Shipping (Registration of Ships) Act 2014, or a vessel which is owned by, leased or chartered to, an individual resident in the State or an Irish company, and is not registered under the law of another country;”.

Refugee Act 1996

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 3(2)

In paragraph (c), substitute “ section 15 of the Merchant Shipping (Registration of Ships) Act 2014” for “ section 16 of the Mercantile Marine Act 1955 ”.

Criminal Law Act 1997

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 7(9)

(inserted by section 19 of the Criminal Justice (Amendment) Act 2009 )

Substitute “ section 33 of the Merchant Shipping (Registration of Ships) Act 2014.” for “ section 9 of the Mercantile Marine Act 1955 .”.

Taxes Consolidation Act 1997

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Paragraph 31(3) of Part 5 of Schedule 18B

(inserted by section 53 (2) of the Finance Act 2002 )

Substitute “referred to in section 20 (1)(a)or (b) of the Merchant Shipping (Registration of Ships) Act 2014” for “under section 91 of the Mercantile Marine Act 1955 ”.

Criminal Justice Act 1999

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 41(3A)

(inserted by section 20 of the Criminal Justice (Amendment) Act 2009 )

In paragraph (a), substitute “(within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014)” for “(within the meaning of section 9 of the Mercantile Marine Act 1955 )”.

Sea Pollution (Amendment) Act 1999

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 1

Substitute for the definition of “Irish ship” the following:

“ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Civil Registration Act 2004

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 27(7)

Substitute for the definition of “Irish ship” the following:

“ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014.”.

2.

Section 39(6)

Substitute for the definition of “Irish ship” the following:

“ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014.”.

Maritime Security Act 2004

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 1

Substitute for the definition of “Irish ship” the following:

“ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014, wherever situate;”.

Criminal Justice (Terrorist Offences) Act 2005

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 3(1)

Substitute for the definition of “Irish ship” the following:

“ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Maritime Safety Act 2005

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 46(1)

Substitute for the definitions, respectively, of “Irish ship” and “owner” the following:

“ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”,

“ ‘owner’, in relation to a vessel, means the person registered under the Merchant Shipping (Registration of Ships) Act 2014 as its owner, or if no person is so registered, the person who owns the vessel, and includes any part-owner, charterer, hirer, manager or operator of the vessel;”.

Sea Pollution (Hazardous Substances) (Compensation) Act 2005

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 15(8)

Substitute for the definition of “Irish ship” the following:

“ ‘Irish ship’ shall be construed in accordance with section 33 of the Merchant Shipping (Registration of Ships) Act 2014.”.

Criminal Justice Act 2006

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 70

Substitute for the definition of “Irish ship” the following:

“ ‘Irish ship’ has the meaning assigned to it by section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

International Criminal Court Act 2006

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 12(5)

Substitute for the definition of “Irish ship” the following:

“ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014.”.

Sea-Fisheries and Maritime Jurisdiction Act 2006

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 33(1)

In paragraph (b), substitute “a port (within the meaning of section 30 of the Merchant Shipping (Registration of Ships) Act 2014) ” for “a port mentioned in the Second Schedule to the Act of 1955”.

In paragraph (c), substitute “(within the meaning of section 33 of that Act)” for “(within the meaning of section 9 of that Act)”.

2.

Section 75

In subsection (3)(b), substitute “ section 18 (1) of the Merchant Shipping (Registration of Ships) Act 2014” for “the Act of 1955”.

Delete subsection (8).

3.

Section 81

Substitute for the definition of “foreign ship” the following:

“ ‘foreign ship’ means a ship which is not an Irish ship (within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014);”.

Sea Pollution (Miscellaneous Provisions) Act 2006

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 3(1)

Substitute for the definition of “Irish ship” the following:

“ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Cluster Munitions and Anti-Personnel Mines Act 2008

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 2(1)

Substitute for the definition of “Irish ship” the following:

“ ‘Irish ship’ means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 8(1)

In paragraph (a), substitute “ section 33 of the Merchant Shipping (Registration of Ships) Act 2014” for “ section 9 of the Mercantile Marine Act 1955 ”.

Merchant Shipping Act 2010

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 2

Substitute for the definition of “Irish ship” the following:

“ ‘Irish ship’ means a ship, other than a ship of war, known as such under section 33 of the Merchant Shipping (Registration of Ships) Act 2014;”.

Biological Weapons Act 2011

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 3(1)

In paragraph (a), substitute “ section 33 of the Merchant Shipping (Registration of Ships) Act 2014” for “ section 9 of the Mercantile Marine Act 1955 ”.

Criminal Justice (Female Genital Mutilation) Act 2012

Item

(1)

Provision Amended

(2)

Nature of Amendment

(3)

1.

Section 4(1)

In paragraph (a), substitute “ section 33 of the Merchant Shipping (Registration of Ships) Act 2014” for “ section 9 of the Mercantile Marine Act 1955 ”.