S.I. No. 319/1983:

MERCHANT SHIPPING (SAFETY CONVENTION) (TRANSITIONAL PROVISIONS) REGULATIONS, 1983.

MERCHANT SHIPPING (SAFETY CONVENTION) (TRANSITIONAL PROVISIONS) REGULATIONS, 1983.

I, JAMES MITCHELL, Minister for Transport, in exercise of the powers conferred on me by section 13 of the Merchant Shipping Act, 1981 (No. 33 of 1981), the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ) and the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1980 ( S.I. No. 11 of 1980 ), hereby make the following regulations:--

1. (1) These Regulations may be cited as the Merchant Shipping (Safety Convention) (Transitional Provisions) Regulations, 1983.

(2) These Regulations shall come into operation on the 1st day of December, 1983.

2. In these Regulations--

"the Acts" means the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952), the Merchant Shipping Act, 1966 (No. 20 of 1966) and the Merchant Shipping Act, 1981 (No. 33 of 1981);

"the Protocol of 1978" means the Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974;

"1960 certificate" means a certificate which--

( a ) purports to have been issued in accordance with the Convention of 1960 in respect of a ship registered outside the State; and

( b ) complies with such of the provisions of the Merchant Shipping (Accepted Safety Convention Certificates) Regulations, 1967 ( S.I. No. 111 of 1967 ), as are applicable in the circumstances.

"1974 certificate" means a certificate which--

( a ) purports to have been issued in accordance with the Convention of 1974 in respect of a ship registered outside the State; and

( b ) immediately before the coming into operation of these Regulations, complied with such of the provisions of the Merchant Shipping (Accepted Safety Convention Certificates) Regulations, 1983 ( S.I. No. 318 of 1983 ), as were applicable in the circumstances.

"The Convention of 1960" means the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on the 17th day of June, 1960;

"the Convention of 1974" means the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on the 1st day of November, 1974.

3. Any country to which the Convention of 1960 applies shall, up to and including the 1st day of December, 1984, be treated for the purposes of the Acts as if it were a country to which the Convention of 1974 applies.

4. Any 1960 certificate which--

( a ) relates to a ship registered in a country in respect of which the Convention of 1974 takes effect on or before the 1st day of December, 1983, and

( b ) is in force on the 1st day of December, 1983 shall, so long as it remains in force, be treated as if it were an accepted Safety Convention certificate within the meaning of the Acts.

5. Any 1960 Certificate which relates to a ship registered in a country to which the Convention of 1974 does not for the time being apply shall be treated as if it were an accepted Convention certificate within the meaning of the Acts so long as the certificate remains in force; but no such certificate shall be so treated after the 1st day of December, 1984.

6. Any 1960 certificate which--

( a ) relates to a ship registered in a country in respect of which the Convention of 1974 takes effect on a date later than the 1st day of December, 1983; and

( b ) is in force on such later date shall be treated, with effect from such later date and so long as it remains in force, as if it were an accepted Convention certificate within the meaning of the Acts.

7. Any country to which the Convention of 1974 applies shall, up to and including the 1st day of December, 1984 be treated for the purposes of the Acts as if it were a country to which the Protocol of 1978 applies.

8. Any 1974 Certificate which--

( a ) relates to a ship registered in a country in respect of which the Protocol of 1978 takes effect on or before the 1st day of December, 1983, and,

( b ) is in force on the 1st day of December, 1983, shall, so long as it remains in force, be treated as if it were an accepted Safety Convention certificate within the meaning of the Acts.

9. Any 1974 certificate which relates to a ship registered in a country to which the Protocol of 1978 does not for the time being apply shall be treated as if it were an accepted Safety Convention certificate within the meaning of the Acts so long as the certificate remains in force; but no such certificate shall be so treated after the 1st day of December, 1984.

10. Any 1974 certificate which--

( a ) relates to a ship registered in a country in respect of which the Protocol of 1978 takes effect on a date later than the 1st day of December, 1983; and

( b ) is in force on such later date shall be treated, with effect from such later date and so long as it remains in force, as if it were an accepted Safety Convention certificate within the meaning of the Acts.

GIVEN under my Official Seal this 18th day of October, 1983.

JAMES MITCHELL,

Minister for Transport.

EXPLANATORY NOTE.

These Regulations provide for a period of grace of twelve months during which ships within the jurisdiction of the State shall be treated as if they complied with the requirements of the International Convention for the Safety of Life at Sea, 1974, provided that they comply with the requirements of the International Convention for the Safety of Life at Sea, 1960.