Merchant Shipping (Investigation of Marine Accidents) Act 2025

PART 5

Offshore Service Vessels

Definitions

44. In this Part—

“authorised person” means—

(a) a surveyor of ships, or

(b) a recognised organisation;

“cargo ship” means any ship in relation to which a cargo ship safety construction certificate is in force;

“cargo ship safety construction certificate” means the certificate issued in accordance with section 4 of the Merchant Shipping Act 1966 ;

“dangerous goods” means those goods referred to in the International Maritime Dangerous Goods (IMDG) Code adopted by the Maritime Safety Committee of the IMO by Resolution MSC.122(75) on 24 May 2002, and any amendments made to it up to and including those adopted by the 105th session of the Maritime Safety Committee by Resolution MSC.501(105) of 28 April 2022;

“declaration of survey” has the meaning it is given in section 48 (1);

“domestic voyage” means a voyage in sea areas from a place in the State to the same or another place within the State;

“fishing vessel” means any ship or boat, of any nature whatsoever, used or intended to be used for the purpose of commercial fishing;

“high-speed craft” has the meaning it is given in section 42 of the Merchant Shipping Act 2010 ;

“high-speed craft safety certificate” means a certificate issued in accordance with section 45 of the Merchant Shipping Act 2010 ;

“industrial personnel” means all persons who are transported or accommodated on board a vessel for the purpose of offshore industrial activities performed on board other ships or offshore facilities;

“industrial personnel safety certificate” means—

(a) an international industrial personnel safety certificate issued under paragraph (a) of section 48 (3) or section 48 (4), or

(b) an Irish industrial personnel safety certificate issued under paragraph (b) of section 48 (3);

“international voyage” means—

(a) a voyage by sea from the State to another state, or conversely, or

(b) a voyage by sea from one state to another state that does not originate or terminate in the State;

“IP Code” means the International Code of Safety for Ships carrying Industrial Personnel adopted by the 106th session of the Maritime Safety Committee of the IMO by Resolution MSC.527(106) on 10 November 2022;

“Irish offshore service vessel” means a ship within the meaning of section 9 of the Mercantile Marine Act 1955 ;

“offshore industrial activities” means the construction, maintenance, decommissioning, operation or servicing of offshore facilities including those related to exploration and exploitation of resources by the renewable or hydrocarbon energy sector, aquaculture, ocean mining or similar activities;

“offshore service vessel” means a vessel carrying or accommodating more than 12 industrial personnel;

“passenger” means any person carried on a vessel other than—

(a) the owner of the vessel or a person to whom the vessel is on hire, or a person employed or engaged in any capacity on board the vessel on the business of the vessel,

(b) industrial personnel, or

(c) a person on board the vessel either in pursuance of the obligation laid upon the master of the vessel to carry shipwrecked, distressed or other persons or by reason of any circumstances that could not have been prevented or forestalled by the master or the owner of the vessel;

“recognised organisation” means an organisation recognised in accordance with Regulation (EC) No. 391/2009 of the European Parliament and of the Council of 23 April 20092 on common rules and standards for ship inspections and survey organisations (Recast);

“renewal certificate” has the meaning it is given in section 49 (3);

“renewal survey” means a survey of an offshore service vessel for the purpose of issuing a renewal certificate;

“Safety Convention” has the meaning it is given in the Merchant Shipping (Safety Convention) Act 1952 ;

“surveyor of ships” means a person appointed under section 724 of the Merchant Shipping Act 1894 to be a surveyor of ships for the purposes of that Act.

2 OJ No. L131, 28.5.2009, p. 11