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Mercantile Marine Act, 1955 (No. 29)Introductory TextPart I Preliminary and general (ss. 1-8)1. Short title.2. Interpretation.3. Non-application of this Act.4. Power to Minister to prescribe fees.5. Collection and disposal of fees.6. Laying of orders, rules and regulations before Houses of the Oireachtas.7. Expenses.8. Repeals.Part II Irish Ships, National Colours and Character (ss. 9-98)9. Irish ships.10. National colours for Irish ships.11. Prohibition on hoisting colours other than national colours.12. Obligation to hoist national colours.13. Penalty for unduly assuming Irish character.14. Penalty for concealment of Irish or assumption of foreign character.15. National character of ship to be declared before clearance.Qualification for Ownership and Obligation to Register (ss. 16A-22)16A. Persons qualified to own registered sea-fishing ships.16. Persons qualified to own registered ships.17. Registry of State-owned ships.18. Obligation to register ships owned by Irish citizens and Irish bodies corporate.19. Reciprocating states.20. Prohibition of registry and saver for certain ships.21. Registry under the law of another country.22. Penalty for unqualified person acquiring ownership of Irish ship.Procedure for Registration (ss. 23-32)23. Registrars.24. Register book.25. Survey and measurement of ship.26. Marking of ship.27. Application for registry.28. Declaration of ownership on registry.29. Evidence on first registry.30. Entry of particulars in register book.31. Documents to be retained by registrar.32. Ports of registry.Certificate of Registry (ss. 33-42)33. Certificate of registry.34. Custody of certificate.35. Penalty for use of improper certificate.36. Power to grant new certificate.37. Provision for loss of certificate.38. Endorsement of change of master on certificate.39. Endorsement of change of ownership on certificate.40. Delivery up of certificate of ship lost or ceasing to be owned by qualified persons.41. Temporary certificate for ships becoming owned by qualified persons abroad.42. Temporary passes in lieu of certificates of registry.Transfers and Transmissions (ss. 43-49)43. Transfer of ship or share.44. Declaration of transfer.45. Registry of transfer.46. Transmission of property in ship on death, bankruptcy, etc.47. Order for sale on transmission to unqualified person.48. Transfer of ship on sale by order of court.49. Power of court to prohibit transfer.Mortgage of ship or share (ss. 50-57)50. Mortgages.51. Entry of discharge of mortgage.52. Priority of mortgages.53. Mortgagee not treated as owner.54. Mortgagee to have power of sale.55. Mortgage not affected by bankruptcy.56. Transfer of mortgages.57. Transmission of interest in mortgage on death, bankruptcy, etc.Certificates of Mortgage and Sale (ss. 58-66)58. Powers of mortgage and sale may be conferred by certificate.59. Requisites for certificates of mortgage and sale.60. Restrictions on certificates of mortgage and sale.61. Contents of certificates of mortgage and sale.62. Restriction on transfer or mortgage.63. Rules as to certificates of mortgage.64. Rules as to certificates of sale.65. Power of Revenue Commissioners in case of loss of certificate of mortgage or sale.66. Revocation of certificates of mortgage and sale.Name of Ship (ss. 67-68)67. Rules as to name of ship.68. Power to refuse registry under particular name.Registry of Alterations, Registry anew and Transfer of Registry (ss. 69-76)69. Registry of alterations.70. Regulations for registry of alteration.71. Power to inquire into the title of a registered ship to be registered.72. Registry anew on change of ownership.73. Procedure for registry anew.74. Transfer of registry.75. Restrictions on re-registration of abandoned ships.76. Regulations restricting closing or transfer of registry.Incapacitated Persons (s. 77)77. Provision for cases of infancy or other incapacity.Trusts and Equitable Rights. (ss. 78-79)78. Notice of trusts not received.79. Equities not excluded by Act.Liability of Beneficial Owner (s. 80)80. Liability of owners.Managing Owner (s. 81)81. Ship's managing owner or manager to be registered.Declarations and Inspection of Register (ss. 82-87)82. Power of registrar to dispense with declarations and other evidence.83. Mode of making declarations.84. Inspection of register book.85. Documents admissible in evidence.86. Forms of documents and instructions as to registry.87. Instructions by Revenue Commissioners as to duties of their officers under this Act.Forgery and False Declarations (ss. 88-89)88. Forgery of documents.89. False declarations concerning ownership, etc., of ships.Forfeiture of Ship (s. 90)90. Proceedings on forfeiture of ship.Measurement of Ship and Tonnage (ss. 91-95)91. Ascertainment of tonnage of ships to be registered.92. Tonnage once ascertained to be the tonnage of ship.93. Space occupied by deck cargo to be liable to dues.94. Surveyors and directions for measurement of ships.95. Tonnage of ships of other countries.Register Office (ss. 96-97)96. Establishment of register office.97. Register of seamen.Prosecution of Offences (s. 98)98. Misdemeanour.First Schedule Enactments RepealedSecond Schedule Ports of RegistryThird Schedule Documents of which the forms are to be directed by the Revenue Commissioners and consented to by the Minister
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 22 December 1955 - onwards

62. Restriction on transfer or mortgage.

Amendments (requiring commencement) by Sch. 1 to the Merchant Shipping (Registration of Ships) Act 2014 (No. 43), published 25 December 2014.

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(1) A person shall not transfer or mortgage, or transfer any mortgage of, any Irish ship or any share in an Irish ship unless -

(a) the transaction is approved of by the Minister, or

(b) the transaction is a transaction declared by regulations under subsection (3) of this section to be an excepted transaction for the purposes of this section.

(2) If an instrument is executed which purports to be a transfer, mortgage or transfer of a mortgage of an Irish ship or of a share therein and the transaction to which the instrument relates is neither approved of by the Minister nor a transaction declared by regulations under subsection (3) of this section to be an excepted transaction for the purposes of this section, the instrument shall be void.

(3) The Minister may by regulations declare that a transaction which -

(a) is a transfer, mortgage or transfer of a mortgage in which both the transferor or mortgagor and the transferee or mortgagee is one or more than one of the following: -

(i) a person ordinarily resident in the State,

(ii) an Irish body corporate, or

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