{"id":12073,"date":"2022-06-25T12:12:55","date_gmt":"2022-06-25T12:12:55","guid":{"rendered":"http:\/\/legalblog.ie\/?p=12073"},"modified":"2024-03-04T23:10:25","modified_gmt":"2024-03-04T23:10:25","slug":"ship-registration","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/ship-registration\/","title":{"rendered":"Ship Registration"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/ship-registration\/#Updated_Legislation\" title=\"Updated\u00a0 Legislation\">Updated\u00a0 Legislation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/ship-registration\/#Register_of_Ships\" title=\"Register of Ships\">Register of Ships<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/ship-registration\/#Registerable_Ships\" title=\"Registerable Ships\">Registerable Ships<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/ship-registration\/#Criteria_for_Registration\" title=\"Criteria for Registration\">Criteria for Registration<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/ship-registration\/#Qualified_Owners\" title=\"Qualified Owners\">Qualified Owners<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/ship-registration\/#Visitor_Registration\" title=\"Visitor Registration\">Visitor Registration<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/ship-registration\/#Ship_Names\" title=\"Ship Names\">Ship Names<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/ship-registration\/#Certificate_of_Registration\" title=\"Certificate of Registration\">Certificate of Registration<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/ship-registration\/#Irish_Ships\" title=\"Irish Ships\">Irish Ships<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/ship-registration\/#Offences\" title=\"Offences\">Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/ship-registration\/#Enforcement\" title=\"Enforcement\">Enforcement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/ship-registration\/#Ownership_Interests_in_Ship\" title=\"Ownership &amp; Interests in Ship\">Ownership &amp; Interests in Ship<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/ship-registration\/#Transfer_of_Registration\" title=\"Transfer of Registration\">Transfer of Registration<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/ship-registration\/#Mortgaged_of_Ship\" title=\"Mortgaged of Ship\">Mortgaged of Ship<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Updated_Legislation\"><\/span>Updated\u00a0 Legislation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Merchant Shipping (Registration of Ships) Act 2014 \u00a0updated the legislative basis for ship registration.\u00a0\u00a0The general scheme of the Mercantile Marine Act in relation to ship registration is preserved.\u00a0 There is a new centralized electronic national ship register known as the Irish Register of Ships.<\/p>\n<p>The legislation extends mandatory ship registration to existing and some additional categories.\u00a0 It makes provision for ship registration renewal.\u00a0 It provides for refusal of ship registration and enhances mechanisms for compliance and removal of noncompliant ships from the register.<\/p>\n<p>There is a provision for visitor registration for certain crafts.\u00a0 The ship registration, enforcement and penalty regime is updated.<\/p>\n<p>A ship is defined to include every description of a vessel used in navigation not propelled exclusively by oars.\u00a0 It includes a personal watercraft and certain smaller, fast-powered craft.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Register_of_Ships\"><\/span>Register of Ships<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The legislation establishes the Irish Register of Ships.\u00a0 This includes the existing register if books maintained under Section 24 of the Mercantile Marine Act 1955.<\/p>\n<p>The Minister shall prescribe the format of the register.\u00a0 Regulation specifies the types and particulars of ships to be registered in each part.\u00a0 The legislaiton specifies requirements standards and conditions for registration applicable to each part.<\/p>\n<p>Registration is for an initial five-year period.\u00a0 It is subject to compliance with standards and prescribed by law deriving from international standards. After initial registration and subject to completion of renewal, a registration may be renewed for a further period of up to 10 years sequentially.<\/p>\n<p>The Minister may make regulations in relation to searching the register and the conditions of access.\u00a0 The register may be kept in different formats including in particular electronic format so as to facilitate online searches.<\/p>\n<p>The Department may enter written agreements with State agencies for the performance of functions relating to the administration of the register.\u00a0 Elements of ship administration may be outsourced in the future.\u00a0 Service agreements are to be entered.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Registerable_Ships\"><\/span>Registerable Ships<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Ships operating domestically including passenger, commercial and recreational craft greater than 24 m in length, all fishing boats including fishing boats under 15 m in length, personal watercrafts, smart powered craft and small boats carrying in them more than three passengers must be registered or have a current valid registration conferring nationality of another State.<\/p>\n<p>Recreational craft less than 24 m in load line length, personal watercraft, small, fast, and powered craft (which are required to register), and warships are not required to register.\u00a0 State-owned ships other than warships must be registered.<\/p>\n<p>The Minister may make regulations prescribing the categories and types of ships required to register on each part of the register when operating domestically.\u00a0 The Minister may make exemptions by regulation from the requirements to register.<\/p>\n<p>Ships whose operations are controlled and directed from within the State must be registered, subject to the terms of ministerial regulation.\u00a0 Failure to register is an offence on part of the owner of the ship.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Criteria_for_Registration\"><\/span>Criteria for Registration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The criteria for registration are to set out in more detail regulations are set out.\u00a0 There are conditions relating to the<\/p>\n<ul>\n<li>qualifications of persons owning the ship,<\/li>\n<li>previous and current safety, environment and security inspection history of the ship;<\/li>\n<li>the type, age and size of the ship;<\/li>\n<li>recognised organisation involved in the certification of the ship;<\/li>\n<li>company performance of operators of the ship;<\/li>\n<li>current flag state of the ship;<\/li>\n<li>the trading pattern of the ship.<\/li>\n<\/ul>\n<p>The Minister may prescribe that a ship or type of ship may only be entitled to be registered on the Register or a particular Part of the Register provided it meets the prescribed standards and conditions in relation to all or any of the following:<\/p>\n<p>The Minister may make regulations to further regulate entitlement to register certain ships on the Register in order to comply with obligations to monitor Irish ships for compliance with relevant conventions or other legislation or for the purpose of the effective management of the Register having regard to the following:<\/p>\n<ul>\n<li>the type, age and size of the ship;<\/li>\n<li>the trading pattern of the ship;<\/li>\n<li>the use of the ship, including the use of the ship in the commission of an offence;<\/li>\n<li>circumstances where the owner of a ship has been convicted of Certain serious offences,<\/li>\n<\/ul>\n<p>Ships must not be registered in another country.\u00a0 Regulations may vary that position and provide the conditions for ships electing to register.<\/p>\n<p>The historical pattern set out in the Mercantile Marine Act of registering ships in 64 shares is maintained.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Qualified_Owners\"><\/span>Qualified Owners<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Act lists ship owners who are entitled to register ships in the Irish Register of Ships.<\/p>\n<p>Subject to any regulations made by the Minister, the following qualified persons are entitled as owners to register their ships on the Register:<\/p>\n<ul>\n<li>the Government;<\/li>\n<li>a Minister of the Government;<\/li>\n<li>an Irish citizen;<\/li>\n<li>a national of another Member State or an EEA state;<\/li>\n<li>a body corporate established under and subject to the law of another Member State or an EEA state;<\/li>\n<li>an Irish corporate body; and<\/li>\n<li>a non-EEA state national residing in the State, except that such person may not register a fishing boat on the Register.<\/li>\n<\/ul>\n<p>A person who is not qualified o register their ship as a sole owner of an Irish ship may nevertheless be entitled to register their ship if a majority interest (33 shares) in the ship is owned by qualified persons. \u00a0Proof of identity as a qualified person is required prior to the registration of the ship. The Minister may make regulations setting out the criteria to be used to ascertain who is or is not a qualified person.<\/p>\n<p>If a person is not a resident in the State or does not have a registered office, he may appoint a representative person who resides in the State.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Visitor_Registration\"><\/span>Visitor Registration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is provision for temporary registration of recreational craft under 24 m in load length line outside the State which becomes the property of qualified persons ordinarily resident in the State who wish to register the craft on a temporary basis, to navigate the craft from abroad to the State.<\/p>\n<p>That is provision for registration in relation to personal watercraft, recreational craft 24 m in load line length and greater or small, fast, powered craft owned by persons visiting the State.<\/p>\n<p>Visitor registration is to accommodate the craft being used in Irish waters for periods of up to three months where the crafts are not registered in another State. \u00a0In normal course, they would otherwise be required to be registered on the full register or in other register in order to operate domestically.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Ship_Names\"><\/span>Ship Names<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a provision for approval of a ship name prior to registration.\u00a0 There is provision for registration of change of ship name before or after registration.<\/p>\n<p>There is provision for marking of Irish ships including the name, port of registry and ship number.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Certificate_of_Registration\"><\/span>Certificate of Registration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The owners and masters of foreign ships registered abroad and operating domestically must ensure that the certificate of registration and evidence of registration are carried on board at all times.<\/p>\n<p>There is provision for issuing a certificate of registry of registered ships.\u00a0 The certificate of registry is the primary document proving nationality and ownership.\u00a0 There is provision for replacement and duplicate certificates.\u00a0 There is requirements in relation to carriage of the certificate of registry with the ship.<\/p>\n<p>There are requirements for notification and delivery of the certificate of registry where the ship is lost or destroyed or the ship is transferred to persons who are no longer qualified or who are not qualified.<\/p>\n<p>The ports set out in Schedule 3 of the legislation are ports of registry for ship registration purposes. Ports of registry may be transferred from one port in the State to another.<\/p>\n<p>The Minister generally may prescribe the forms of instruments and documents required under the Act.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Irish_Ships\"><\/span>Irish Ships<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The legislation defines ships, which may be known as the Irish ships.\u00a0 This does not include persons holding visitor registration only.\u00a0 The Minister may determine ships on the register of other categories or types that were not operating domestically and will not be known as Irish ships.<\/p>\n<p>Irish ships are entitled to fly national colours and assume national character.\u00a0 National colours are the national flag. There is provision for authorisation of other flags in place or in addition to the national flag.<\/p>\n<p>There are provisions for hoisting of the Irish flag on an Irish ship in specified circumstances.\u00a0 Only the national flag may be hoisted in an Irish ship but provision may be made for the flying of flag by way of courtesy in accordance with accepted international usage.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Offences\"><\/span>Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The legislation makes provision for offences.\u00a0 There is provision for liability of the owner and master in respect of certain offences.\u00a0 Offences in certain cases may be punished summarily on indictment.<\/p>\n<p>There are a number of offences in relation to the use or misuse of the Irish national character of a ship.\u00a0 It is an offence to conceal the national character of a ship or falsely to assume a foreign character.<\/p>\n<p>There are offences arising from false declarations and furnishing of false documents in connection with an application for ship registration.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Enforcement\"><\/span>Enforcement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Summary prosecutions may be initiated by the Minister.\u00a0 In the case of ship registration in relation to personal watercraft, small angling boats, local authority or inland fisheries, Ireland may prosecute.\u00a0 There is a provision for recovery of prosecutor costs. Generally, conviction leads to liability to a Class A fine.<\/p>\n<p>There are provisions for the appointment of authorised persons to enforce the legislation.\u00a0 They include a ship surveyor, member of Revenue Commissioners, Garda Sioch\u00e1na, sea-fisheries protection officer, authorised officer of Inland Fisheries Ireland, Naval rank in the Permanent Defence Forces or officers of the Irish Coast Guard.<\/p>\n<p>The powers of authorised persons are set out.\u00a0 There are powers to enforce provisions of the legislation including those relating to ship registration, certification of registry, identification of ship.<\/p>\n<p>Authorised persons may exercise powers of detention.\u00a0 Surveyors may exercise powers of detention in relation to ships in a port or in an Irish waterway or in relation to an Irish ship in a foreign port where breaches of particular parts of the Act arise.\u00a0 There is a provision for an appeal process for the master or owner of a detained ship.\u00a0 The cost of detention is generally borne by the ship owner.<\/p>\n<p>There is a system of fixed payments in lieu of prosecution for more minor offences e.g. in relation to registration of smaller crafts such as personal watercraft, small and fast powered craft, and small angling boats carrying no more than three persons.\u00a0 Fixed payments of 150 are provided for.<\/p>\n<p>Proceedings may be brought by a local authority, inland fisheries or the Minister.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Ownership_Interests_in_Ship\"><\/span>Ownership &amp; Interests in Ship<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Only a person who is the owner of a ship or has a share in a ship may be registered in the register.\u00a0 Only those persons may sell the ship or share in it in accordance with the Act.<\/p>\n<p>Without prejudice to other provisions, interest arising under contracts or equitable interest may be enforced by or against owners or mortgagees of the ship in respect of their interest in the same manner as any other personal property.<\/p>\n<p>The Minister may make regulations for the exclusion of certain ships from the application of private law provisions for registered ships under the Act.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Transfer_of_Registration\"><\/span>Transfer of Registration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A registered ship or share in ship is transferred to another person by legislation of sale which must be in an approval form.\u00a0 There are requirements in relation to declarations of transfer in order to allow transferee to be registered as owner of ship on the register.<\/p>\n<p>There are provisions which apply to registered ships on death, bankruptcy or other means of transfer other than executed transfer.<\/p>\n<p>Where a property passes by death, bankruptcy or otherwise to a person not qualified, a special provision is made.\u00a0 There is provision for a court-ordered sale of a ship or a share in a ship.\u00a0 The High Court may prohibit dealings in ships or an interest in ships for on such periods and on such terms as it determine.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Mortgaged_of_Ship\"><\/span>Mortgaged of Ship<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is provision for registers of mortgages of the registered ships.\u00a0 The Mortgage details must be noted in that register.\u00a0 There is provision for notification to the Minister of proposed ship mortgages by the intending mortgagee by way of a priority notice.<\/p>\n<p>There are provisions relating to the sale by a registered mortgagee of a ship or an interest in the ship.<\/p>\n<p>The registered mortgagee of the ship is not affected by the bankruptcy of the mortgagor after registration.<\/p>\n<p>There is provision for transfer of registered mortgages both generally and in the case of death, bankruptcy etc. of the mortgagee.\u00a0 There is provision for recording discharge of a registered mortgage.\u00a0 There is provision for removal of a discharge of a mortgage in the register.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-12073\" data-postid=\"12073\" class=\"themify_builder_content themify_builder_content-12073 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Updated\u00a0 Legislation The Merchant Shipping (Registration of Ships) Act 2014 \u00a0updated the legislative basis for ship registration.\u00a0\u00a0The general scheme of the Mercantile Marine Act in relation to ship registration is preserved.\u00a0 There is a new centralized electronic national ship register known as the Irish Register of Ships. The legislation extends mandatory ship registration to existing [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[116],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12073"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=12073"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12073\/revisions"}],"predecessor-version":[{"id":32653,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12073\/revisions\/32653"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=12073"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=12073"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=12073"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}