No. 21/1987:

SHIPPING INVESTMENT GRANTS ACT, 1987

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Grants towards capital expenditure incurred in providing ships.

3. Restriction on making of grants under Act.

4. Determination and maximum amount of grants under Act.

5. Miscellaneous provisions regarding grants under Act.

6. Conditions imposed in making of grants under Act.

7. Power to enter and inspect ships and premises.

8. Offences.

9. Offences by bodies corporate.

10. Expenses of Minister.

11. Repeal.

12. Short title and commencement.

ACTS REFERRED TO

Number 21 of 1987

No. 21/1987: SHIPPING INVESTMENT GRANTS ACT, 1987

AN ACT TO EMPOWER THE MINISTER FOR THE MARINE TO MAKE GRANTS TOWARDS THE CAPITAL EXPENDITURE INCURRED IN PROVIDING CERTAIN NEW OR SECOND-HAND SHIPS: AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[18th November, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"approved capital expenditure" means expenditure which, in the opinion of the Minister, is of a capital nature and which has been approved by him for the purposes of a grant under this Act;

"authorised person" means a person authorised by the Minister for the purpose of this Act;

"the Minister" means the Minister for the Marine.

2.— (1) The Minister may, subject to this Act and to such conditions as the Minister, with the consent of the Minister for Finance, may impose, make to a person who is carrying on, or is proposing to carry on, a business in the State a grant towards approved capital expenditure incurred in providing a ship for use for the purposes of that business.

(2) The reference in subsection (1) of this section to providing a ship includes a reference to providing, as the context may require, a new ship or a second-hand ship but does not include a reference to providing a ship by chartering the ship from another person.

(3) The amount of grants made by the Minister under this Act shall not exceed in the aggregate £7,500,000.

(4) Grants under this Act shall be paid out of moneys provided by the Oireachtas.

3.— (1) The Minister shall not make a grant under this Act to—

( a ) an individual who is not both a citizen of, and ordinarily resident in, the State, or

( b ) a body corporate which is not both incorporated in, and resident in, the State, or

( c ) a partnership, if any of the members thereof is either an individual who is not both a citizen of, and ordinarily resident in, the State, or a body corporate which is not both incorporated in, and resident in, the State.

(2) The Minister shall not make a grant under this Act in respect of a ship which is—

( a ) not registered in the State under Part II of the Mercantile Marine Act, 1955 ; or

( b ) of less than 1,000 tons dead weight tonnage,

( c ) not self-propelled, or

( d ) more than seven years old at the date of its purchase, or

( e ) a ship in respect of which a grant under this Act has already been made.

(3) The Minister shall not make a grant under this Act in respect of—

( a ) a fishing vessel, or

( b ) a tug, or

( c ) a vessel (including a dredger) which is used primarily as a floating platform for working machinery and is not employed in normal shipping operations, or

( d ) a vessel which is used for the purposes of transporting supplies or personnel to, or providing services in respect of, a mobile or fixed rig, a platform, a vessel at sea or any other installation of any kind at sea.

4.—The amount of a grant under this Act to any person shall, from time to time, be determined by the Minister in consultation with the Minister for Finance, but shall not, in any case, exceed 25 per cent. of the approved capital expenditure towards which it is made.

5.— (1) A grant under this Act may be made towards approved capital expenditure which is incurred on or after the 1st day of April, 1987.

(2) A grant under this Act may be made towards approved capital expenditure in respect of a ship which is in the course of construction if it appears to the Minister that the provisions of this Act will be satisfied in relation to the ship when its construction has been completed.

6.— (1) The Minister, in making a grant under this Act, shall impose such conditions as he, with the concurrence of the Minister for Finance, thinks fit for—

( a ) securing that any ship in respect of which a grant has been, or is proposed to be, made will continue to be used as required by those conditions, and

( b ) restricting the charter of any such ship.

(2) Without prejudice to the generality of subsection (1) of this section, conditions imposed by the Minister pursuant to that subsection may require that, in such circumstances (including the loss, transfer or other disposal of the ship), and within such time, as the Minister may specify, the entire of the grant, or such part thereof as may be specified, shall be repaid to the Minister.

(3) Any sum due to be repaid to the Minister on foot of a condition imposed pursuant to this section may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

(4) The Minister may, by notice in writing, require any person who has received a grant under this Act, and any person acting on that person's behalf, to furnish to the Minister such information, or to produce for examination on behalf of the Minister, such books, records or other documents as may be specified in the notice for the purpose of enabling the Minister to determine whether any condition subject to which the grant was made has been satisfied, or is being complied with, or whether the grant has become repayable, in whole or in part, in accordance with any such condition.

(5) A notice under subsection (3) of this section may require the information to which it is related to be furnished within such time as may be specified in the notice and may require documents to be produced at such time and in such place as may be so specified.

7.— (1) An authorised person may, for the purposes of section 6 (4) of this Act, at all reasonable times enter and inspect—

( a ) any ship in respect of which a grant under this Act has been made, or

( b ) any place where he reasonably believes such a ship to be, or

( c ) any place where, in accordance with any condition attached to a grant, such a ship ought to be.

(2) An authorised person shall be furnished with a certificate of his authorisation and, when exercising any power conferred on him by this Act shall, if so required, produce the said certificate for inspection.

8.— (1) Any person who, for the purpose of obtaining a grant under this Act, knowingly or recklessly makes any statement, or who produces any document, which is false in any material particular shall he guilty of an offence and shall be liable—

( a ) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for any term not exceeding twelve months, or, at the discretion of the Court, to both such fine and such imprisonment, or

( b ) on conviction on indictment, to a fine not exceeding £250,000, or to imprisonment for any term not exceeding three years, or, at the discretion of the Court, to both such fine and such imprisonment.

(2) Any person who, without reasonable excuse, fails to comply with any condition, being a condition requiring him to inform the Minister of any event in consequence of which the grant becomes repayable in whole or in part, subject to which a grant under this Act was made to him shall be guilty of an offence and shall be liable—

( a ) on summary conviction, to a fine not exceeding £1,000, or

( b ) on conviction on indictment, to a fine not exceeding £100,000, or three times the amount so repayable, whichever is the greater.

(3) Any person who, in purported compliance with a notice under section 6 of this Act, knowingly or recklessly makes any statement, or produces any document, which is false in a material particular shall be guilty of an offence and shall be liable—

( a ) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for any term not exceeding six months, or, at the discretion of the Court, to both such fine and such imprisonment, or

( b ) on conviction on indictment, to a fine not exceeding £50,000, or to imprisonment for any term not exceeding two years, or, at the discretion of the Court, to both such fine and such imprisonment.

(4) Any person who obstructs an authorised person in the exercise of his powers under this Act, or who, without reasonable cause, fails to comply with a requirement of an authorised person shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £1,000.

9.—Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to he attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the body corporate, or of any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall he liable to be proceeded against and punished accordingly.

10.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

11.—The Shipping Investment Grants Act, 1969 , is hereby repealed.

12.—(1) This Act may be cited as the Shipping Investment Grants Act, 1987 .

(2) This Act shall come into operation on such day as the Minister shall, by order appoint.