Merchant Shipping (Investigation of Marine Accidents) Act 2025
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Endorsement, extension, suspension and revocation of certificates | ||
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49. (1) Where an authorised person carries out an annual, intermediate or periodic inspection of an offshore service vessel, he or she may endorse the industrial personnel safety certificate concerned to record that the vessel continues to comply with offshore service vessel and industrial personnel rules. | ||
(2) An authorised person may extend the validity of an industrial personnel safety certificate issued under section 48 (3) or (4) by a period not exceeding 3 months from its expiry date for the purposes of allowing the offshore service vessel to complete its voyage to a port in which a survey may be carried out. | ||
(3) Where, on the expiration of the period of validity of an industrial personnel safety certificate, a further industrial personnel safety certificate in respect of the offshore service vessel (in this Part referred to as a “renewal certificate”) is issued pursuant to section 48 (3) or (4), then regardless of whether the industrial personnel safety certificate has been extended under subsection (2), the period of validity of the renewal certificate shall commence on the date immediately after the original date of expiry of the industrial personnel safety certificate. | ||
(4) Where a renewal certificate is issued in circumstances where an industrial personnel safety certificate has been extended under subsection (2), the latter certificate shall be withdrawn. | ||
(5) Where the Minister is satisfied that— | ||
(a) a declaration of survey was issued on the basis of false or misleading information, | ||
(b) significant changes have been made to the structure, equipment or fittings of an offshore service vessel without prior approval by the Minister under section 48 (13), | ||
(c) the vessel has suffered significant damage and it has become unsuitable to operate in the manner for which it is certified, or | ||
(d) the owner or master of a vessel has failed to comply with a condition, limitation or restriction specified in the certificate, | ||
the Minister may suspend or revoke the industrial personnel safety certificate of the vessel. | ||
(6) Where an industrial personnel safety certificate has been suspended, the Minister may, having been satisfied that an additional survey has been carried out and corrective measures addressing the cause of the suspension implemented, lift the suspension and endorse the certificate to record that the vessel complies with offshore service vessel and industrial personnel rules. | ||
(7) Where an industrial personnel safety certificate has been revoked, a certificate may be issued under section 48 (3) or (4) only where the vessel has undergone a renewal survey. | ||
(8) Where an industrial personnel safety certificate has been suspended or revoked, the master of the offshore service vessel shall not operate the vessel as an offshore service vessel or carry industrial personnel for the purpose of offshore industrial activities, unless, where a certificate has been suspended, the suspension is lifted under subsection (6) or, where a certificate has been revoked, a certificate is issued under section 48 (3) or (4) following a renewal survey pursuant to subsection (7). | ||
(9) The master or owner of a vessel or his or her representative in the State may appeal the suspension or revocation of an industrial personnel safety certificate under subsection (5). | ||
(10) An appeal under subsection (9) may be taken within 7 working days of the suspension or revocation of an industrial personnel safety certificate and shall be made to the judge of the Circuit Court in whose Circuit the port in which the vessel concerned is, or was, at the time of the revocation or suspension, berthed or docked. | ||
(11) Where the judge of the Circuit Court concerned considers that there is good and sufficient reason for extending the period referred to in subsection (10), he or she may do so. | ||
(12) On the hearing of an appeal under subsection (10), the judge may— | ||
(a) confirm the suspension or revocation, | ||
(b) set aside the suspension or revocation, or | ||
(c) set aside the suspension or revocation and replace it with such other decision as the judge considers just and appropriate. |