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Merchant Shipping (Republic of Ireland) (Certificate of Competency) Order 1954

THE MERCHANT SHIPPING (REPUBLIC OF IRELAND)
(CERTIFICATES OF COMPETENCY) ORDER, 1954

Made..........................................13th May, 1954
Laid before Parliament..................18th May, 1954
Coming into Operation..................27th May, 1954

AT THE COURT OF SAINT JAMES

the 13th day of May, 1954.

PRESENT:

HER MAJESTY QUEEN ELIZABETH THE QUEEN MOTHER.
HER ROYAL HIGHNESS THE PRINCESS MARGARET.
HIS ROYAL HIGHNESS THE DUKE OF GLOUCESTER

Whereas Her Majesty, in pursuance of the Regency Acts, 1937 to 1953, was pleased, by Letters Patent dated the twentieth day of November, 1953, to delegate to Her Majesty Queen Elizabeth The Queen Mother, Her Royal Highness The Princess Margaret, His royal Highness The Duke of Gloucester, Her Royal Highness The Princess Royal and the Earl of Harewood, or any two or more of them, as Counsellors of State, full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval of anything for which Her Majesty's approval in Council is required:

And whereas the legislature of the Republic of Ireland has made provision for the examination of, and grant of certificates of competency to, persons intending to act as masters, mates, or engineers on board ships:

And whereas the Minister of Transport and Civil Aviation has made such report in respect of the said examinations and certificates of competency as is provided for by Section 102 of the Merchant Shipping Act, 1894 (hereinafter referred to as "the principal Act"):

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother, Her Royal Highness The Princess Margaret and His Royal Highness The Duke of Gloucester, having authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by the said Section 102 of the principal Act as amended by the Merchant Shipping (Certificates) Act, 1914, and as affected by the Irish Free State (Consequential Adaptation of Enactments) Order, 1923, and the Ireland Act, 1949, and of all other powers in that behalf do hereby, by and with the advice of Her Majesty's Privy Council, on Her Majesty's behalf order and declare, and it is hereby ordered and declared, as follows:-

1. Certificates of competency as master, first mate or second mate of a foreign-going ship, as master or mate of a home-trade passenger ship, as first class or second class engineer, or as first class or second class motor engineer, granted on and after the first day of September, 1953, by the proper authority, shall be of the same force as if they had been granted in the United Kingdom.

2. The provisions of the principal Act which relate to certificates of competency granted under that act, except so much of Section 470 as requires a court cancelling or suspending a certificate to send the certificate cancelled or suspended to the Minister of Transport and Civil Aviation, shall apply to such certificates of competency as are referred to in Article 1 of this Order: provided that in the application of Section 101 of the principal Act to such certificates, references in that Section to the Minister of Transport and Civil Aviation, or to the Registrar-General of Shipping and Seamen, shall be construed as references to the proper authority.

3. The Regulations set out in the Schedule hereto shall have effect with respect to such certificates of competency as are referred to in Article 1 of this Order and to the use, issue, delivery, cancellation and suspension thereof.

4. (1) In this Order the expression the "proper authority" shall mean the authority for the time being empowered by the legislature of the Republic of Ireland to grant certificates of competency.

(2) The Interpretation Act, 1689, shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

5. This Order may be cited as the Merchant Shipping (Republic of Ireland) (Certificates of Competency) Order, 1954, and shall come into operation on the 27th day of May, 1954.

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SCHEDULE

REGULATIONS WITH RESPECT TO THE USE, ISSUE, DELIVERY, CANCELLATION AND SUSPENSION OF REPUBLIC OF IRELAND CERTIFICATES OF COMPETENCY

1. In these Regulations the expression "a Republic of Ireland certificate" means any such certificate of competency as is declared by this Order to be of the same force as if granted in the United Kingdom.

2. Where a Republic of Ireland certificate is cancelled or suspended in pursuance of this Order the authority court or tribunal by which it is cancelled or suspended shall send a full report upon the case to the proper authority together with a copy of the evidence taken therein and also the cancelled or suspended certificate.

3. Subject to these Regulations, a Republic of Ireland certificate which has from any cause been cancelled or suspended shall not be capable of being renewed or re-issued except by the proper authority.

4. Any officer of the Ministry of Transport and Civil Aviation, or the Registrar-General of Shipping and Seamen, or any of his officers, or a Superintendent, or any consular officer of Her Majesty, may demand the delivery to him of any Republic of Ireland certificate which he has reason to believe has been improperly issued, or forged, altered, cancelled, or suspended, or to which the person using it is not in the belief of such Officer justly entitled, and may detain such certificate for a reasonable period for the purpose of making enquiries respecting such suspected improper issue, forgery, alteration, cancellation, suspension, or possession.

5. Any person who, without reasonable cause, neglects or refuses to comply with such demand shall incur a penalty not exceeding £20 sterling or its equivalent in local currency, which may be recovered wherever in the United Kingdom or in any Colony such person may be found, if in the United Kingdom in the same manner as fines may be recovered under the principal Act, or if any Colony in such summary manner as may be provided by the law thereof.

6. Nothing in these Regulations shall prejudice or derogate from any powers exercisable by the Minister of Transport and Civil Aviation under the principal Act, or any amendment thereof for the time being in force.

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