Merchant Shipping (Investigation of Marine Accidents) Act 2025

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Consequential and miscellaneous amendments

52. (1) The Merchant Shipping Act 1894 is amended—

(a) by the substitution of the following section for section 418:

“418. (1) The Minister for Transport may make regulations for the prevention of collisions at sea.

(2) Regulations under this section may prescribe—

(a) the conduct of vessels—

(i) in any condition of visibility,

(ii) in restricted visibility,

(iii) in sight of one another, and

(iv) restricted in their ability to manoeuvre,

(b) requirements for maintaining a safe look-out and safe speed,

(c) actions to be taken to avoid collisions,

(d) responsibilities between vessels,

(e) requirements for lights and shapes, visibility of lights, towing and pushing, sound and light signals, equipment for sound signals, manoeuvring and warning signals,

(f) requirements for the survey of vessels for compliance with regulations made under this section,

(g) such requirements as the Minister considers necessary to give effect to the provisions of the international collision regulations, and

(h) such requirements for the inspection of vessels as the Minister considers necessary to ensure continued compliance with regulations made under this section.

(3) Regulations made under this section shall apply to Irish ships and to any other ship while it is within any port in the State unless it would not have been in any such port but for stress of weather or any other circumstances that neither the master nor the owner of the ship could have prevented or forestalled.

(4) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(5) In this section—

‘international collision regulations’ means the International Maritime Organization’s Convention on the International Regulations for Preventing Collisions at Sea 1972 and any amendments made to it up to and including those adopted by the 28th Session of the Assembly of the International Maritime Organization on 4 December 2013 through Resolution A.1085(28);

‘Irish ship’ means a ship, other than a ship of war, known as such under section 9 of the Mercantile Marine Act 1955 .”,

and

(b) by the substitution of the following section for section 420:

“420. (1) A surveyor of ships may—

(a) survey any ship for compliance with regulations made under section 418,

(b) inspect any ship for the purpose of ensuring that the ship is properly provided with lights and means of making fog signals in conformity with regulations made under section 418 and, if the surveyor finds that the ship is not so provided, he or she shall give to the master or owner notice in writing indicating the deficiencies and what is required to rectify them,

(c) board and inspect any ship for the purposes of ensuring that a deficiency is remedied in accordance with a notice under paragraph (b), and

(d) for the purposes of a survey under paragraph (a) or inspection under paragraph (b) or (c), carry out such tests (either on the ship, ashore or at dock), ask such questions, inspect such documents and records and have access to such systems or equipment as he or she considers appropriate for that purpose.

(2) Where a ship, in respect of which a notice has been given to its owner or master under subsection (1)(b), proceeds or attempts to proceed to sea before the deficiencies specified in the notice, which deficiencies are required to be remedied before proceeding to sea, have been addressed, then the person to whom the notice is addressed commits an offence and is liable—

(a) on summary conviction to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

(3) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, prescribe fees for any surveys, inspections or tests referred to in subsection (1) and different amounts may be prescribed in respect of different classes of surveys, inspections or tests.”.

(2) The Merchant Shipping (Safety Convention) Act 1952 is amended—

(a) in section 3(1)—

(i) by the insertion of the following definition:

“ ‘surveyor of ships’ means a person appointed under section 724 of the Principal Act to be a surveyor of ships for the purposes of that Act;”,

and

(ii) by the substitution of the following definition for the definition of “Safety Convention”:

“ ‘Safety Convention’ means the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on 1 November 1974, together with the Protocol to the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on 17 February 1978 and the Protocol to the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on 11 November 1988 and any amendments made to it up to and including those adopted by the 106th session of the Maritime Safety Committee of the International Maritime Organisation held between 2 and 11 November 2022 and which have entered into force in respect of the State pursuant to Article VIII of the Convention prior to the enactment of the Merchant Shipping (Investigation of Marine Accidents) Act 2025;”,

(b) in section 18—

(i) by the substitution of the following subsection for subsection (1):

“(1) The Minister may make rules (‘navigation and tracking rules’) prescribing requirements for—

(a) navigation and tracking systems and equipment including the position, method of fitting and maintenance of such systems and equipment,

(b) the survey of navigation and tracking systems and equipment for compliance with rules made under this section, including the extent, manner and intervals of such surveys, and

(c) the inspection of navigation and tracking systems and equipment to ensure continued compliance with rules made under this section.”,

(ii) in subsection (8), by the substitution of “board, survey and inspect” for “board and inspect”,

(iii) in subsection (9), by the substitution of “carrying out a survey or inspection” for “making an inspection”,

(iv) in subsection (10), by the substitution of “board, survey and inspect” for “board and inspect”, and

(v) in subsection (11), by the substitution of “a survey or inspection” for “an inspection”,

(c) in section 22—

(i) in subsection (1)—

(I) by the deletion of “and to such international voyages as she is to be engaged on”, and

(II) by the substitution of “complies with such requirements” for “complies with such of the requirements of the Safety Convention relating to those matters as are applicable as aforesaid”,

and

(ii) in subsection (2)—

(I) by the deletion of “and to such international voyages as she is to be engaged on”, and

(II) by the deletion, in paragraph (a), of “of the Safety Convention, being requirements the subject”,

(d) in section 23—

(i) in subsection (1)—

(I) by the deletion of “and to such international voyages as she is to be engaged on”, and

(II) by the substitution of “complies with such requirements” for “complies with such of the requirements of the Safety Convention relating to radiocommunications and navigation and tracking systems and equipment as are applicable as aforesaid”,

(ii) in subsection (2)—

(I) by the deletion of “and to such international voyages as she is to be engaged on”, and

(II) by the deletion, in paragraph (a), of “of the Safety Convention”,

and

(iii) in subsection (3), by the deletion of “of the Safety Convention”,

and

(e) in section 36, by the substitution of the following subsection for subsection (1):

“(1) The Minister may make rules prescribing requirements for—

(a) what signals shall be used by ships as signals of distress and the circumstances in which, and the purposes for which, any such signal is to be used and the circumstances in which it is to be revoked,

(b) the survey of vessels for compliance with rules made under this section, including the extent, manner and intervals of such surveys, and

(c) the inspection of vessels for compliance with rules made under this section.”.

(3) The Merchant Shipping Act 1992 is amended—

(a) in section 2(1)—

(i) by the insertion of the following definitions:

“ ‘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;

‘offshore facility’ means a structure, floating or fixed, used to support offshore industrial activities;

‘offshore industrial activities’ mean 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 in relation to which an industrial personnel safety certificate has been issued under section 48 of the Merchant Shipping (Investigation of Marine Accidents) Act 2025 (No. 2 of 2025), which certificate remains valid under Part 5 of the Act;

‘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 2009³ on common rules and standards for ship inspections and survey organisations (Recast);”,

(ii) in the definition of “passenger boat”, by the substitution of “a vessel in respect of which a certificate is in force or an offshore service vessel” for “or a vessel in respect of which a certificate is in force”,

(iii) in the definition of “passenger ship”, by the insertion of “or an offshore service vessel” after “but does not include such a vessel carrying passengers to or from the State or having passengers on board for the purposes of such carriage”,

and

(b) by the substitution of the following section for section 18:

“18. (1) The Minister may make regulations prescribing requirements and standards—

(a) for the design, construction, subdivision, maintenance, seaworthiness and stability, equipment, machinery and machinery installations, electrical installations, radio installations, accommodation, fire safety and protection, life-saving appliances, dangerous goods, transfer arrangements, safety management, safe navigation, radio and navigation systems and equipment, energy sources and propulsion systems and equipment and compliance with rules of recognised organisations in relation to passenger boats,

(b) for the carriage of passengers by passenger boat to offshore facilities or other ships facilitating offshore industrial activities, including training, medical fitness, health and safety and on-board familiarisation regarding safety, equipment, communications, manning and transfer arrangements,

(c) to ensure the safety of—

(i) passenger boats,

(ii) the passengers and the crew of passenger boats, and

(iii) other persons, and of property, from injury or damage caused by, resulting from or arising out of the use of passenger boats,

and

(d) to ensure that the use of a passenger boat does not create a disturbance or constitute a nuisance.

(2) Without prejudice to subsection (1), the regulations made under subsection (1) may—

(a) prohibit the having on board or the carriage of passengers or other persons by vessels, or specified classes of vessels, the subject of licences unless there are in force policies of insurance under which the owners of the vessels or, if the vessels are on hire, the persons to whom they are on hire are insured to a specified extent against specified risks,

(b) make provision for ascertaining, setting and testing the standards of competence of masters and of any other members of the crew of vessels the subject of licences, whether by examination, interview or otherwise, and the prohibition of those who do not reach such standards of competence as the Minister considers appropriate from working as masters or, as the case may be, other members of the crews of such vessels and the prohibition of owners of such vessels from employing as masters or other members of the crews of the vessels those who do not reach such standards as aforesaid,

(c) provide for the registration of passenger boats or specified classes of passenger boats and the licensing or certification of masters or persons in control of or operating passenger boats or passenger boats of a specified class,

(d) regulate the use of passenger boats or specified classes of passenger boats by reference to the age or other qualifications of masters or persons in control of or operating passenger boats or passenger boats of a specified class,

(e) regulate or prohibit the use of passenger boats or specified classes of passenger boats in particular circumstances, and the consumption of alcohol or drugs by masters or persons in control of or operating passenger boats or passenger boats of a specified class,

(f) require and regulate the use of personal flotation devices on specified classes of passenger boats,

(g) regulate the carriage of vehicles on board a passenger boat or prohibit vehicles of a specified class being carried on board a passenger boat designed to carry vehicles,

(h) regulate or prohibit the carriage of goods or materials of a specified class on passenger boats or on passenger boats of a specified class,

(i) regulate the number of persons that may be carried on passenger boats of a specified class, or

(j) regulate or prohibit the towing of anything by or from passenger boats or passenger boats of a specified class.

(3) Regulations under this section may make provision for such consequential, incidental, ancillary and supplementary matters (including the enforcement of the regulations and, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, the charging of fees) as the Minister considers necessary or expedient.

(4) In making such regulations under this section the Minister may categorise passenger boats into different classes having regard to one or more of the following:

(a) the size, shape, speed, categorisation or configuration of a passenger boat;

(b) the service for which the passenger boat is to be employed;

(c) the plying limits, embarkation and disembarkation for a passenger boat;

(d) the nature and duration of voyages to be undertaken;

(e) the number of passengers, crew or other persons to be carried on board a passenger boat;

(f) the type of cargo carried, including dangerous goods;

(g) the age and date of construction of a passenger boat;

(h) such other matter or matters that the Minister considers appropriate to take into account in the circumstances.

(5) Different regulations may be made in respect of different classes of passenger boat, and for different circumstances and different areas of operation.

(6) In making such regulations under this section the Minister may determine the number of passengers, crew and other persons to be carried on board a passenger boat, depending on the class of passenger boat, subject to a maximum of 12 persons excluding crew members.

(7) Where there is a breach of a provision of regulations made under this section, which provision is stated in those regulations to be a penal provision—

(a) (other than in respect of a matter referred to in subsection (2)(a)), the owner and (if the passenger boat is in use) the master of the vessel each commits an offence and each is liable on summary conviction to a class A fine, or

(b) in respect of a matter referred to in subsection (2)(a), the owner of the passenger boat (or, if the passenger boat is on hire, the person to whom it is on hire) and the master of the vessel each commits an offence and each is liable—

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or

(ii) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years, or to both.

(8) Regulations made under section 18 (inserted by section 47 of the Maritime Safety Act 2005 ) which are in force immediately before the commencement of section 52 (3)(b) of the Merchant Shipping (Investigation of Marine Accidents) Act 2025 shall continue in force as if they were made under this section and may be amended or revoked accordingly.”.

(4) The Maritime Safety Act 2005 is amended—

(a) in section 34, by the substitution of the following subsection for subsection (1):

“(1) The Minister may make regulations—

(a) specifying such charts, nautical directions or information or other nautical publications as appear to him or her to be necessary or expedient for the safe operation of vessels and such regulations may require—

(i) Irish ships, or such class or description of such ships as is specified in the regulations, to carry either at all times or on such voyages as is so specified,

(ii) vessels which are not Irish ships, or such class or description of such vessels as is so specified, to carry at any time while they are in Irish waters or such of those waters as is so specified,

either a copy of all, or a copy of such as are so specified, of the charts, nautical directions or information or other nautical publications so specified,

(b) prescribing requirements for the survey of vessels for compliance with regulations made under this section, including the extent, manner and intervals of such surveys, and

(c) prescribing requirements for the inspection of vessels to ensure continued compliance with regulations made under this section.”,

and

(b) in section 40, by the substitution in subsection (1) of “board, survey and inspect” for “board and inspect”.

(5) The Merchant Shipping Act 2010 is amended—

(a) in section 42—

(i) by the insertion of the following definition:

“ ‘domestic voyage’ means a voyage from a place in the State to the same or another place within the State;”,

(ii) by the substitution of the following definition for the definition of “High Speed Craft Code 1994”:

“ ‘High-Speed Craft Code 1994’ means the International Code of Safety for High-Speed Craft, 1994 adopted by the 63rd session of the Maritime Safety Committee of the IMO by Resolution MSC.36(63) and any amendments made to it up to and including the amendments adopted by the 105th session of the Maritime Safety Committee of the IMO on 28 April 2022 by Resolution MSC.498(105);”,

and

(iii) by the substitution of the following definition for “High-Speed Craft Code 2000”:

“ ‘High-Speed Craft Code 2000’ means the International Code for Safety for High-Speed Craft, 2000 adopted by the 73rd session of the Maritime Safety Committee of the IMO by Resolution MSC.97(73), and any amendments made to it up to and including the amendments adopted by the 105th session of the Maritime Safety Committee of the IMO on 28 April 2022 by Resolution MSC.499(105);”,

(b) in section 43, by the substitution of the following paragraph for paragraph (1)(a):

“(1) (a) Subject to paragraph (b), this Chapter applies to—

(i) Irish ships which are high-speed craft constructed—

(I) on or after 1 January 1996 and before 1 July 2002 under the High-Speed Craft Code 1994, or

(II) after 1 July 2002 under the High-Speed Craft Code 2000,

(ii) Irish ships which are high-speed craft on a domestic voyage,

(iii) Irish ships which are high-speed craft of 500 gross tonnage or less on an international voyage,

(iv) any other high-speed craft while it is within a port in the State, unless it would not have been in any such port but for the stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled,

and which does not proceed in the course of its voyage—

(I) where the ship is a passenger ship, more than 4 hours at 90 per cent of maximum speed from a place of refuge, and

(II) in any other case, more than 8 hours at 90 per cent of maximum speed from a place of refuge when fully laden.”,

(c) in section 57—

(i) by the substitution of the following definition for the definition of “IMO principles of safe manning”:

“ ‘IMO principles of safe manning’ means the principles of safe manning adopted by the 27th session of the Assembly of the IMO on 30 November 2011 by Resolution A.1047(27) of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea 1974;”

and

(ii) by—

(I) the substitution of “section 59;” for “section 59.” in the definition of “safe manning regulations”, and

(II) the insertion after the definition of “safe manning regulations” of the following definition:

“ ‘sea-going’ means going beyond the limits of smooth and partially smooth waters (within the meaning of the Merchant Shipping (Fire Protection) Rules 2023 ( S.I. No. 379 of 2023 )).”,

(d) in section 58, by the substitution of the following subsection for subsection (1):

“(1) Subject to subsection (2), this Chapter applies to—

(a) Irish ships to which Chapter 1 of the Annex to the Safety Convention applies,

(b) other Irish sea-going ships as the Minister may by regulations determine, and

(c) any other ship while in any port in the State unless it would not have been in such port but for the stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.”,

(e) in section 82—

(i) in subsection (2)—

(I) by the substitution of “Rules for life-saving appliances may provide” for “Without prejudice to subsection (1) may provide”,

(II) in paragraph (o), by the substitution of “fire,” for “fire, and”,

(III) in paragraph (p), by the substitution of “fire,” for “fire.”, and

(IV) by the insertion of the following paragraphs after paragraph (p):

“(q) the survey of vessels for compliance with rules for life-saving appliances including the extent, manner and intervals of such surveys, and

(r) the inspection of vessels to ensure continued compliance with rules for life-saving appliances.”,

and

(ii) in subsection (9)—

(I) in paragraph (a), by the substitution of “board, survey and inspect” for “board and inspect”, and

(II) in paragraph (d), by the substitution of “a survey or inspection” for “an inspection”,

(f) in section 84—

(i) by the substitution of the following subsection for subsection (1):

“(1) The Minister may make rules (‘fire protection rules’) prescribing requirements for—

(a) fire protection in respect of the hull, superstructure, deck, equipment and machinery, arrangement, escapes and detection and extinction equipment,

(b) the survey of vessels for compliance with fire protection rules, including the extent, manner and intervals of such surveys, and

(c) the inspection of vessels to ensure continued compliance with fire protection rules.”,

(ii) in subsection (10), by the substitution of “board, survey and inspect” for “board and inspect”, and

(iii) in subsection (12), by the substitution of “a survey or inspection” for “an inspection”,

and

(g) in section 87, by the substitution of the following subsection for subsection (1):

“(1) In this section ‘Convention’ means the Maritime Labour Convention 2006 adopted at Geneva on 23 February 2006 and any amendments made to it up to and including those adopted by the 110th session of the International Labour Conference in Geneva on 6 June 2022 and which have entered into force in respect of the State pursuant to Article XV of the Convention prior to the enactment of the Merchant Shipping (Investigation of Marine Accidents) Act 2025.”.

³ OJ No. L131, 28.5.2009, p. 11