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29 1952

MERCHANT SHIPPING (SAFETY CONVENTION) ACT, 1952

PART I.

Preliminary and General.

Short title and collective citation.

1. —(1) This Act may be cited as the Merchant Shipping (Safety Convention) Act, 1952.

(2) The Merchant Shipping Acts, 1894 to 1947, and this Act may be cited together as the Merchant Shipping Acts, 1894 to 1952.

Commencement.

2. —This Act shall come into operation on such day as the Government shall by order appoint.

Interpretation and construction accepted Safety Convention certificate.

3. —(1) In this Act—

accepted Safety Convention certificate” has the meaning assigned to it by section 28 of this Act;

the Act of 1933” means the Merchant Shipping (Safety and Load Line Conventions) Act, 1933 (No. 42 of 1933);

collision regulations” means regulations made under Section 418 of the Principal Act;

construction rules” means rules made under section 10 of this Act;

country to which the Safety Convention applies” means—

(a) a country the government of which has been declared under section 4 of this Act to have accepted the Safety Convention, and has not been so declared to have denounced that Convention;

(b) a territory to which it has been so declared that the Safety Convention extends, not being a territory to which it has been so declared that that Convention has ceased to extend;

declaration of survey” means a declaration made under section 272 of the Principal Act;

international voyage” means a voyage from a port in one country to a port in another country, either of those countries being a country to which the Safety Convention applies, and “short international voyage” means an international voyage—

(a) in the course of which a ship is not more than two hundred nautical miles from a port or place in which the passengers and crew could be placed in safety and

(b) which does not exceed six hundred nautical miles in length between the last port of call in the country in which the voyage begins and the final port of destination, but, for the purpose of the definitions contained in this paragraph—

(i) no account shall be taken of any deviation by a ship from her intended voyage due solely to stress of weather or any other circumstance that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled; and

(ii) every colony, overseas territory, protectorate or other territory for whose international relations a government that has accepted the Safety Convention is responsible, or for which the United Nations are the administering authority, shall be deemed to be a separate country;

the Merchant Shipping Acts” means the Merchant Shipping Acts, 1894 to 1947, and this Act;

the Minister” means the Minister for Industry and Commerce;

the Principal Act” means the Merchant Shipping Act, 1894;

radio navigational aid” means radio apparatus on board a ship being apparatus designed for the purpose of determining the position or direction of ships or other objects;

radio rules” means rules made under section 15 of this Act;

rules for direction-finders” means rules made under section 18 of this Act;

rules for live-saving appliances” means rules made under section 427 of the Principal Act as amended by section 11 of this Act;

the Safety Convention” means the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on the 10th day of June, 1948;

Safety Convention ship” means a ship registered in a country to which the Safety Convention applies and the expression “Safety Convention passenger steamer” shall be construed accordingly.

(2) Except so far as the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment including this Act.

(3) Except so far as the context otherwise requires, this Act shall be construed as one with the Merchant Shipping Acts, 1894 to 1947, and, without prejudice to the generality of this provision, references in those Acts to the Merchant Shipping Acts shall be construed as including references to this Act.

(4) If any amendment of the Safety Convention comes into force, references in this Act to the Safety Convention shall, unless the context otherwise requires, be construed as references to the Safety Convention as amended.

Countries to which Safety Convention applies.

4. —The Minister, if satisfied—

(a) that the government of any country has accepted, or denounced, the Safety Convention; or

(b) that the Safety Convention extends, or has ceased to extend, to any territory,

may by order make a declaration to that effect.

Power of the Minister to prescribe fees.

5. —(1) The Minister may, with the consent of the Minister for Finance, prescribe by order (in this Act referred to as a fees order) the fees to be charged for inspections made and certificates issued under this Act.

(2) The Minister may, with the consent of the Minister for Finance, at any time by order revoke or amend a fees order or an order made under this subsection.

Collection and disposal of fees.

6. —(1) All fees payable under a fees order shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.

(2) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under a fees order.

Laying of orders, rules and regulations before Oireachtas.

7. —Every order, rule and regulation made by the Minister by virtue of this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and if a resolution is passed by either House within the next twenty-one days upon which that House has sat after such instrument has been laid before it annulling the instrument the instrument shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Repeals.

8. —The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Transitional provisions.

9. —The provisions of the Second Schedule to this Act shall have effect for the purpose of the transition from the law in force before the commencement of this Act to the provisions of this Act.