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PART XIIU.K.MISCELLANEOUS

Service of noticesU.K.

101.—(1) Where it appears to the Registrar that [F1regulation 56(1)(aa), [F2(ab),] (b)], (d), (e), (f), (g) [F3(h), (i), (j), (k), (l), (m) or (n)] (Removal from the Register) or [F487(1)(b), [F5(ba),] [F6(d), (e), (f), (g), (h), (i) or (j)]] (Closure of bareboat charter ship’s registration by the Registrar) [F7or 87K(1)] apply he may serve notice on the owner or managing owner, or on any charterer, manager or operator of the ship requiring him to produce, within 30 days, evidence, which may include a declaration of British connection, sufficient to satisfy him that the ship is eligible to remain on the Register [F8or should not have the certificate of permission in respect of it revoked].

(2) If at the expiry of that period of 30 days the Registrar is not so satisfied, he may:—

(a)extend the notice and ask for further information or evidence, or

(b)serve a final notice which closes the ship’s registration [F9or revokes its certificate of permission], such closure [F10or revocation] to take effect 7 days after the service of that notice.

(3) Where a ship’s registration is terminated under paragraph (2) the Registrar shall issue a closure transcript and the owner of the ship shall forthwith surrender its certificate of registry.

Textual Amendments

Commencement Information

I1Reg. 101 in force at 21.3.1994, see reg. 1(1)

Copy of notice to be sent to mortgageeU.K.

102.  Where the Registrar serves a notice under regulation 101 on the owner of a vessel in respect of which a mortgage is registered, the Registrar shall send a copy of that notice to the mortgagee at the address recorded for him in the Register.

Commencement Information

I2Reg. 102 in force at 21.3.1994, see reg. 1(1)

Documents not in the English language to be accompanied by a translationU.K.

103.  Any document which is not in the English language and is produced in support of any application under these Regulations shall be accompanied by a notarised translation of the document in the English language.

Modifications etc. (not altering text)

Commencement Information

I3Reg. 103 in force at 21.3.1994, see reg. 1(1)

Witnessing of documentsU.K.

104.  Where the signature on any document made under these Regulations is required to be witnessed any witness to the signature shall be a person of full age and shall not be the spouse of the signatory.

Modifications etc. (not altering text)

Commencement Information

I4Reg. 104 in force at 21.3.1994, see reg. 1(1)

Dispensing with declarationsU.K.

105.   When under these Regulations:—

(a)any person is required to make a declaration on behalf of himself or any body corporate, but is unable to do so and can satisfy the Registrar that it is due to reasonable cause, the Registrar may on such terms as he thinks fit, dispense with the declaration, or

(b)any evidence is required to be produced to the Registrar, but such evidence is unable to be produced and the Registrar is satisfied that it is due to reasonable cause, the Registrar may on production of such other evidence as he considers appropriate, dispense with the evidence.

Modifications etc. (not altering text)

Commencement Information

I5Reg. 105 in force at 21.3.1994, see reg. 1(1)

[F11Copies of documentsU.K.

105A.—(1) Where any document listed in paragraph (2) is to be provided by or to the Registrar, the Registrar may provide or receive a copy of that document, including a copy provided or received by means of an electronic communication.

(2) The documents referred to in paragraph (1) are—

(a)a transcript of the entries in the Register referred to in regulation 2(3);

(b)an appointment of a representative person referred to in regulation 18(4)(a);

(c)a certified extract in respect of the ship referred to in regulation 22(2);

(d)proof of incorporation in accordance with the laws of a foreign country referred to in regulation 24(b);

(e)a certificate from the one of the Registrars of Companies referred to in regulation 24(c);

(f)a builder’s certificate referred to in regulation 28(1)(a) or 59(4)(e);

(g)a bill of sale referred to in regulation 28(1)(b) and regulation 43(1);

(h)a certificate of survey or measurement specifying a ship’s tonnage and build referred to in regulation 29(3), regulation 51(3), regulation 82(1)(b) and regulation 113A(1);

(i)a carving and marking note referred to in regulation 31(2), regulation 33, regulation 35 and regulation 80;

(j)a certificate of permanent defacement referred to in regulation 31(4);

(k)a renewal notice referred to in regulation 41 or regulation 83(2);

(l)a grant of representation or an extract from that grant in regulation 46(2)(a) or regulation 60(b)(i);

(m)such evidence of proof of title referred to in regulation 46(2)(b) or regulation 60(b)(ii);

(n)a signed notification referred to in regulation 49, regulation 84 or regulation 98;

(o)a marking note referred to in regulation 52(2), regulation 53(3), regulation 54 and regulation 72;

(p)a copy of certificate of registry, and any other document evidencing registration referred to in regulation 59(4)(d);

(q)an instrument of transfer of a registered mortgage in regulation 61;

(r)a mortgage deed referred to in regulation 62(1);

(s)a certificate of registry or other document referred to in regulation 77(3)(c);

(t)a notarised translation in the English language of any other document, as referred to in regulation 103.

(3) For the purposes of paragraph (1)—

“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

(i)

by means of an electronic communications network; or

(ii)

by other means but while in electronic form; and

“electronic communications network” has the meaning set out in section 32(1) of the Communications Act 2003.]

Textual Amendments

Modifications etc. (not altering text)

Requirement for supplementary informationU.K.

[F12106.  Where the Registrar is not satisfied by the information provided on an application for registration of a ship that the ship is eligible for registration or that any of the particulars or other information supplied is correct or sufficient, he may require such supplementary information or evidence as he considers appropriate.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I6Reg. 106 in force at 21.3.1994, see reg. 1(1)

FeesU.K.

107.  Where a fee is prescribed in respect of any service or other transaction to be carried out pursuant to these Regulations, the Registrar shall not be required to carry out the service or other transaction unless the appropriate fee has been paid.

Modifications etc. (not altering text)

Commencement Information

I7Reg. 107 in force at 21.3.1994, see reg. 1(1)

Duplicate certificatesU.K.

108.—(1) If it is shown to the satisfaction of the Registrar that the certificate of registry [F13or permission] has been lost, stolen or destroyed or has become defaced or illegible (“the event”), he may issue to the owner a duplicate of that certificate, which shall be marked as such, and shall be of the same effect as the original.

(2) Where a duplicate certificate of registry [F13or permission] is issued the original if then available or if subsequently found or recovered shall be forthwith surrendered to the Registrar.

(3) If

(a)the port where the ship is at the time of the event, or as the case may be, where it first arrives after the event, is not in the United Kingdom, and

(b)the master of the ship or some other person having knowledge of the facts of the case makes a declaration before the appropriate person as to the loss, theft, destruction, defacement or illegibility of the certificate,

the appropriate person shall notify the Registrar.

(4) On being notified of the event and being satisfied that the ship is entitled to be issued with a duplicate certificate the Registrar shall [F14authorise the appropriate person to issue a provisional certificate, endorsed with a statement of the circumstances under which it is granted.] F15...

(5) The F16... provisional certificate shall within 10 days of the ship arriving in a port in the United Kingdom be surrendered to the Registrar, and a duplicate certificate shall be issued.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I8Reg. 108 in force at 21.3.1994, see reg. 1(1)

Custody of certificateU.K.

109.—(1) A certificate of registry shall be used only for the lawful navigation of the ship, and shall not be subject to detention by reason of any title, lien, charge or interest whatever had or claimed by any owner, mortgagee or other person to, on, or in the ship.

(2) If any person refuses to surrender the certificate of registry when in his possession or under this control to the person entitled to its custody for the purposes of the lawful navigation of the ship, or to the Registrar, or an officer of customs or any other person entitled by law to demand such delivery, he shall be guilty of an offence.

Modifications etc. (not altering text)

Commencement Information

I9Reg. 109 in force at 21.3.1994, see reg. 1(1)

Surrender of certificate on termination or expiry of registrationU.K.

110.  On the termination, whether by expiration of the registration period or otherwise, of a ship’s registration the certificate of registry must be returned by the owner or charterer to the Registrar for cancellation.

Modifications etc. (not altering text)

Commencement Information

I10Reg. 110 in force at 21.3.1994, see reg. 1(1)

Dispensing with production of certificateU.K.

111.  Where a certificate of registry [F17or permission] is required by these Regulations to accompany any application and it is shown to the satisfaction of the Registrar that for any reasonable cause (which includes, but is not limited to, the ship being in a port outside the United Kingdom, or the certificate being needed for an imminent voyage, at the time the application was made) the certificate cannot be produced, the Registrar may, subject to such conditions as he thinks fit, dispense with its production.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I11Reg. 111 in force at 21.3.1994, see reg. 1(1)

Status of a Part II certificate under Sea Fisheries legislationU.K.

112.  A certificate of registry or a certificate of bareboat registry of a fishing vessel (including a valid temporary registration certificate) [F18shall each be] a ‘document relating to a boat’ for the purposes of section 8(3)(b) of the Sea Fisheries Act 1968(1) and as such must at all times be carried on board the vessel.

Textual Amendments

Commencement Information

I12Reg. 112 in force at 21.3.1994, see reg. 1(1)

Removal of marks on cessation of registrationU.K.

113.  If a ship’s registration is terminated, whether by expiration of the registration period or otherwise [F19, or if a marks removal note has been issued in respect of the ship under regulation 87E,] the marking prescribed under these Regulations must be removed from the ship and written confirmation of that removal must be sent to the Registrar.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I13Reg. 113 in force at 21.3.1994, see reg. 1(1)

[F20Transfers etc. where tonnage not in accordance with ITC 69U.K.

113A.—(1) Subject to paragraph (2) below, no transfer of ownership of a ship or shares in a ship, no renewal of registration, nor change of details of the ship or its owners shall be registered in respect of any ship which:

(a)is required to have its tonnage measured in accordance with the International Convention on Tonnage Measurement of Ships 1969, and

(b)for which no such measurement has been undertaken and registered,

until such re-measurement takes place and where necessary the certificate of survey has been [F21provided to] the Registrar for amendment of the Register.

(2) Paragraph (1) above does not apply where the transfer, or change of details, arises by reason of the death of an owner of a ship, or a share in a ship.]

Textual Amendments

[F22ReviewU.K.

113B.—(1) The Secretary of State must from time to time—

(a)carry out a review of the regulatory provision contained in these regulations, and

(b)publish a report setting out the conclusions of the review.

(2) The first report must be published before 1st October 2022.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a)set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b)assess the extent to which those objectives are achieved,

(c)assess whether those objectives remain appropriate, and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).]

Textual Amendments