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The Merchant Shipping (Registration of Ships) Regulations 1993

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PART IIIU.K.QUALIFICATION AND ENTITLEMENT FOR REGISTRATION ON PART I OF THE REGISTER

Persons qualified to be owners of ships to be registered on Part I of the RegisterU.K.

7.—(1) The following persons are qualified to be the owners of ships which are to be registered on Part I of the Register:—

[F1(a)(i)British citizens; or

(ii)non-United Kingdom nationals exercising their right of freedom of movement of workers or right of establishment;]

(b)British Dependent Territories citizens;

(c)British Overseas citizens;

(d)persons who under the British Nationality Act 1981(1) are British subjects:

(e)persons who under the Hong kong (British Nationality) Order 1986(2) are British Nationals (Overseas);

[F2(ea)Commonwealth citizens;

(eb)citizens of a country listed in Schedule 6;

(ec)non-United Kingdom nationals who are settled in the United Kingdom;

(ed)bodies corporate incorporated in a Commonwealth state;

(ee)bodies corporate incorporated in a country listed in Schedule 6;]

(f)bodies corporate incorporated [F3in the United Kingdom or in an EEA State] ;

(g)bodies corporate incorporated in any relevant British possession F4...; and

[F5(h)UK Economic Interest Groupings.]

(2) A person who is not qualified under paragraph (1) to be the owner [F6of a ship registered on Part I of the Register] may nevertheless be one of the owners of such a ship if:

(a)a majority interest in the ship (within the meaning of regulation 8) is owned by persons who are [F7so qualified under paragraph (1)], and

(b)the ship is registered on Part I of the Register.

Textual Amendments

Commencement Information

I1Reg. 7 in force at 21.3.1994, see reg. 1(1)

British connection and majority interestU.K.

8.—(1) Subject to [F8the relevant provisions of the sanctions regulations,] regulation 36(4) (Refusal of registration) and paragraphs (2), [F9(3), (4) and (5)] below a ship shall be entitled to be registered if a majority interest in the ship is owned by one or more persons qualified [F10under regulation 7(1)].

(2) [F11Where a majority interest in a ship is owned by] a person or persons qualified by reason of [F12regulation 7(1), other than sub-paragraphs (c), (d) or (g)], the ship shall, subject to paragraphs (3) and (4) below, be registered only if that person or (as the case may be) any of those persons is resident in the United Kingdom.

(3) Where the condition in paragraph (2) is not satisfied the ship shall be registered only if a representative person is appointed in relation to the ship under Part V.

(4) [F13Where] the majority interest is owned by persons one or more of whom are persons who are qualified by reason of:—

(a)regulation 7(1)(c) or (d), the ship shall be registered only if:—

(i)that person, or (as the case may be) any of those persons, is resident in the United Kingdom, or

(ii)where that condition is not satisfied, the Secretary of State furnishes a declaration that he consents to the ship being registered, and, in addition, a representative person is appointed in relation to the ship;

(b)regulation 7(1)(g), the ship shall be registered only if:—

(i)the body corporate has a place of business in the United Kingdom, or

(ii)where that condition is not satisfied, if a representative person is appointed in relation to the ship.

(5) [F14Where] the majority interest is owned by the following persons:—

(a)one or more persons who are qualified by reason of [F15regulation 7(1), other than sub-paragraphs (c), (d) or (g)], and

(b)one or more persons qualified by reason of regulation 7(1)(c) or (d), or

(c)one or more persons qualified by reason of regulation 7(1)(g),

[F16the ship shall only be] registered—

(i)if any of those persons is resident in the United Kingdom, or

(ii)(where that condition is not satisfied) if a representative person is appointed in relation to the ship.

Textual Amendments

Commencement Information

I2Reg. 8 in force at 21.3.1994, see reg. 1(1)

9.  For the purposes of regulation 8:—U.K.

(a)one or more persons shall be treated as owning a majority interest in a ship if there is vested in that person or in those persons, taken together, the legal title to 33 or more shares in the ship (there being left out of account for this purpose any share in which any beneficial interest is owned by a person who is not entitled to be an owner of a British ship); and

(b)a body coporate shall be treated as resident in the United Kingdom if F17... it has a place of business in the United Kingdom.

Textual Amendments

Commencement Information

I3Reg. 9 in force at 21.3.1994, see reg. 1(1)

Government shipsU.K.

10.  Nothing in this Part applies to a ship to which section 80 of the Merchant Shipping Act 1906(3) applies (Government ships).

Commencement Information

I4Reg. 10 in force at 21.3.1994, see reg. 1(1)

Fishing vessels excluded from Part IU.K.

11.  A fishing vessel may not be registered on Part I of the Register.

Commencement Information

I5Reg. 11 in force at 21.3.1994, see reg. 1(1)

(2)

S.I. 1986/948.

Yn ôl i’r brig

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