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Statutory Instruments

1993 No. 3138

MERCHANT SHIPPING

REGISTRATION

The Merchant Shipping (Registration of Ships) Regulations 1993

Made

14th December 1993

Laid before Parliament

7th January 1994

Coming into force

21st March 1994

The Secretary of State for Transport, in exercise of the powers conferred on him by sections 2, 3, 5(2), 7(5), 9(5) of, and Schedule 1 to, the Merchant Shipping (Registration, etc.) Act 1993(1) and of all other powers enabling him in that behalf hereby makes the following Regulations:—

PART IU.K.GENERAL

Citation, commencement and interpretationU.K.

1.—(1) These Regulations may be cited as the Merchant Shipping (Registration of Ships) Regulations 1993 and shall come into force on 21st March 1994.

(2) In these Regulations unless the context otherwise requires:—

“the Act” means the Merchant Shipping (Registration, etc.) Act 1993;

“application for registration” includes, except where otherwise stated, application for registration of a ship or share in a ship; application for registration of a small ship; application for re-registration of the same; and application for the registration of a transfer or transmission of a ship or a share in a ship; but not application for the renewal of registration;

“appropriate person” means in relation to a port in a country outside the British Islands:—

(a)

any British consular officer within whose consular district the port lies; or

(b)

where Her Majesty’s Government in the United Kingdom is represented in that country by a High Commissioner, any member of the High Commissioner’s official staff nominated by him for the purposes of these Regulations; or

(c)

where that country is a colony, the Governor of the colony or any person appointed by him for those purposes;

and in this definition “High Commissioner” includes an acting High Commissioner and “Governor” includes an acting Governor;

“appropriate attestation” means attestation in a form approved by the Secretary of State;

“authorised measurer” means the Secretary of State or any person authorised under the Merchant Shipping (Tonnage) Regulations 1982(2) the Merchant Shipping (Fishing Vessels-Tonnage) Regulations 1988(3) to carry out the measurement of ships for the purposes of those Regulations;

“bareboat charter ship” means a ship registered under section 7 of that Act;

“beneficial ownership” shall be determined by reference to every beneficial interest in that vessel, however arising (whether held by trustee or nominee or arising under a contract or otherwise), other than an interest held by any person as mortgagee;

“builders certificate” means a certificate signed by the builder of the ship and containing a true account of the proper denomination and of the tonnage of the ship, as estimated by him, and of the date and place where it was built, and of the name of the person, if any, for whom the ship was built, or the name of the person to whom it was delivered;

“certificate of registry” means a certificate of registration which is issued to a ship which is registered under the Act and includes a certificate of bareboat charter unless the context otherwise requires;

“certificate of bareboat charter” means a certificate of registration issued to a ship which is registered under section 7 of the Act;

“classification society” means a person authorised to act as a `Certifying Authority' for the purposes of the Merchant Shipping (Tonnage) Regulations 1982;

“closure transcript” means a certified extract from the register showing that the entry in the register in respect of a ship has been closed, the date of its closure, and the details about the ship and its ownership at the time of closure;

“declaration of eligibility” means a declaration which complies with the provisions of regulation 22(1);

[F1“EEA Agreement” has the meaning given by Schedule 1 to the Interpretation Act 1978;]

[F2“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978.]

“fishing vessel” means a vessel within the meaning of paragraph 2(1)(c) of Schedule 4 to the Act;

[F3“fishing vessel certificate” means a certificate of that name specified in section 123 of the Merchant Shipping Act 1995;]

“freeze” means to prevent any entry (which includes a deletion of an entry) being made in the Register;

[F4“identifying number” means:

(a)

where the Registrar has allocated a bareboat charter ship a number under regulation 79(2)(b) or (3), that number, or

(b)

in any other case, the unique number allocated to a bareboat charter ship for identification purposes by its primary register;]

“inspector of marks” means an authorised measurer or any person authorised by the Secretary of State to verify the carving and marking of a ship under these Regulations;

[F5“length” in regulations 29, 42 and 56 (except in regulation 56(4)(b)) has the same meaning as in the Tonnage Regulations;]

“local office” means an office of the Ministry of Agriculture, Fisheries and Food, The Scottish Office Agriculture and Fisheries Department or the Department of Agriculture for Northern Ireland, listed in the list published by the Department of Transport and entitled `List of Local Offices for Fishing Vessel Registration';

[F3“maximum continuous engine power” has the same meaning as “engine power” in Article 5.1 of Council Regulation (EEC) No. 2930/86 (defining characteristics for fishing vessels);]

[F3“modification explanation” means the clear explanation, referred to in Article 3.3 of Commission Regulation (EEC) No. 1381/87 (establishing detailed rules concerning the marking and documentation of fishing vessels), of the method by which any modification of engine power has been carried out;]

[F6“non-United Kingdom nationals exercising their right of freedom of movement of workers or right of establishment” means persons who are either–

(a)

nationals of a member State F7... exercising in the United Kingdom their rights under [F8Article 45 or 49 of the Treaty on the Functioning of the European Union] [F9as recognised and available in domestic law by virtue of the European Union (Withdrawal) Act 2018], as the case may be, or

(b)

nationals of a State, other than a member State, which a Contracting Party to the EEA Agreement exercising in the United Kingdom their rights under Article 28 or 31 of the EEA Agreement [F10as recognised and available in domestic law by virtue of the European Union (Withdrawal) Act 2018].]

[F11“overall length” has the same meaning as “length overall” in the Tonnage Regulations;]

“owner” means, in relation to a ship or share in a ship, the person owning the ship, or as the case may be, a share in the ship, whether or not registered as owner;

[F3“permanently de-rated engine power” means a modification of the maximum continuous engine power referred to in Article 3.3 of Commission Regulation (EEC) No. 1381/87;]

[F12“pleasure vessel” means a pleasure vessel as defined in regulation 2 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998;]

[F13“port letters” means the letters for the port of choice;]

[F3“port number” means the number allocated for a fishing vessel within its port of choice under regulation 31(2)(b), 53(2) or 79(2)(a);]

“port of choice” means a port listed in Schedule 2 which an [F14applicant] chooses as a port to be marked on his ship;

“primary register” means the register on which the ship is registered at the time the application is made to register the ship as a bareboat charter ship;

“the Register” means the Register of British ships established under section 1 of the Act;

“the Registrar” means the person described as “the registrar” in section 9(2) of the Act;

[F15“relevant provisions of the sanctions regulations” means—

(a)

regulation 77(1) and (2) of the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019; F16...

(b)

[F17regulation 57E(1)] (registration of ships in the United Kingdom) of the Russia (Sanctions) (EU Exit) Regulations 2019;] [F18or]

(c)

[F19regulation 29J(1) (registration of ships in the United Kingdom) of the Belarus (Sanctions) (EU Exit) Regulations 2019;]

“representation” means probate, administration, confirmation, or other instrument constituting a person the executor, administrator or other legal representative of a deceased person, including a certificate of confirmation relating to a vessel;

“salmon coble” means a vessel under 10 metres in overall length used for fishing for profit only in connection with the private rights of fishing for salmon or migratory trout;

[F20“settled” has the same meaning as in section 33(1) of the Immigration Act 1971;]

“ship” includes a fishing vessel but does not include a small ship or a bareboat charter ship except for the purposes of [F21the definition of “termination direction”, paragraph (3),] Part XII (Miscellaneous) and Part XIII (Offences);

“small ship” means a ship which is less than 24 metres in overall length and is, or is applying to be, registered under Part XI;

“submersible vessel” means any vessel used or designed to be used under the surface of any waters;

“surveyor of ships” means a marine surveyor nominated by the Secretary of State to undertake the surveys required by these Regulations and includes any marine surveyor of the Department of Transport;

[F22“termination direction” means a direction to terminate the registration of a ship given to the Registrar under—

(a)

regulation 77(3) of the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019; F23...

(b)

regulation 57E(2) (registration of ships in the United Kingdom) of the Russia (Sanctions) (EU Exit) Regulations 2019;] [F24or]

(c)

[F25regulation 29J(2) (registration of ships in the United Kingdom) of the Belarus (Sanctions) (EU Exit) Regulations 2019;]

[F26“Tonnage Regulations” means the Merchant Shipping (Tonnage) Regulations 1997],

“transfer of a ship” includes, except where the context otherwise requires, transfer of a share in a ship.

[F27(3) For the purposes of these Regulations, a ship is a “sanctioned ship” if—

(a)were an application for registration in the Register to be made in respect of it, the Registrar would be required to refuse registration because of the relevant provisions of the sanctions regulations; or

(b)a termination direction has been issued in relation to the ship.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

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

PART IIU.K.THE REGISTER OF BRITISH SHIPS IN THE UNITED KINGDOM

The RegisterU.K.

2.—(1) The Register maintained by the Registrar in accordance with section 1(1) and (2) of the Act shall be divided into the following parts:—

(a)Part I for ships, owned by persons qualified in accordance with these regulations, which are not:

(i)fishing vessels, or

(ii)registered on that Part which is restricted to small ships,

(b)Part II for fishing vessels,

(c)Part III for small ships, and

(d)Part IV for ships which are registered under section 7 of the Act (‘bareboat charter ships’).

(2) The Register may consist of both paper and computerised records and such other records as the Secretary of State may consider to be expedient.

(3) Any person shall be entitled on application to the Registrar to obtain a transcript, certified by an authorised officer, of the entries in the Register.

(4) During the official opening hours of the General Registry of Shipping and Seamen any person shall be entitled on request to inspect the entries in the Register.

(5) Entries in the Register shall be made in accordance with the following provisions:—

(a)the property in a ship shall be divided into sixty-four shares;

(b)subject to the provisions of the Act and these Regulations with respect to joint owners or owners by transmission, not more than sixty-four persons shall be entitled to be registered at the same time as owners of any one ship.This rule shall not affect the beneficial title of any persons represented by or claiming under or through any registered owner or joint owner;

(c)a person shall not be entitled to be registered as owner of a part of a share; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share or shares in a ship;

(d)joint owners shall be considered as constituting one person only as regards the persons entitled to be registered, and shall not be entitled to dispose in severalty of any interest in a ship, or in any share in a ship in respect of which they are registered.

(6) The Registrar shall be entitled to amend the Register where:—

(a)a clerical error has occurred, or

(b)sufficient evidence is produced to satisfy him that the entry is incorrect,

and on making the amendment he shall issue a new certificate of registry [F28or permission] if necessary.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2Reg. 2 in force at 21.3.1994, see reg. 1(1)

Registration of fishing vessels to be of two kindsU.K.

3.  Registration on Part II of the Register shall be of two kinds:—

(a)registration of vessels to which the provisions of Schedule 1 to the Act relating to transfers by bill of sale and the registration of mortgages do not apply (hereinafter called “simple registration”), and

(b)registration of vessels to which those provisions do apply (hereinafter called “full registration”).

Commencement Information

I3Reg. 3 in force at 21.3.1994, see reg. 1(1)

Fishing vessels changing from full registration to simple registration subject to conditionsU.K.

4.  A fishing vessel which has once been registered with full registration shall not thereafter be registered with simple registration unless:—

(a)it is not subject to a registered mortgage, and

(b)the vessel has in the meantime been registered outside the United Kingdom, and

(c)the Registrar consents.

Commencement Information

I4Reg. 4 in force at 21.3.1994, see reg. 1(1)

Registration on only one Part of the RegisterU.K.

5.  No ship, including a small ship, may be registered on more than one part of the Register at any one time.

Modifications etc. (not altering text)

Commencement Information

I5Reg. 5 in force at 21.3.1994, see reg. 1(1)

Trusts not to be enteredU.K.

6.—(1) Subject to paragraph (2) no trust, express, implied or constructive may be registered by the Registrar.

(2) Where, on the bankruptcy (or in Scotland, sequestration) of a registered owner or mortgagee his title is transmitted to his trustee in bankruptcy (or in Scotland his permanent trustee), that person, if a qualified person, may be registered as the owner or mortgagee of a British ship or share in a ship.

Modifications etc. (not altering text)

Commencement Information

I6Reg. 6 in force at 21.3.1994, see reg. 1(1)

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:—

[F29(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(4) are British subjects:

(e)persons who under the Hong kong (British Nationality) Order 1986(5) are British Nationals (Overseas);

[F30(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 [F31in the United Kingdom or in an EEA State] ;

(g)bodies corporate incorporated in any relevant British possession F32...; and

[F33(h)UK Economic Interest Groupings.]

(2) A person who is not qualified under paragraph (1) to be the owner [F34of 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 [F35so qualified under paragraph (1)], and

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

Textual Amendments

Commencement Information

I7Reg. 7 in force at 21.3.1994, see reg. 1(1)

British connection and majority interestU.K.

8.—(1) Subject to [F36the relevant provisions of the sanctions regulations,] regulation 36(4) (Refusal of registration) and paragraphs (2), [F37(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 [F38under regulation 7(1)].

(2) [F39Where a majority interest in a ship is owned by] a person or persons qualified by reason of [F40regulation 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) [F41Where] 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) [F42Where] the majority interest is owned by the following persons:—

(a)one or more persons who are qualified by reason of [F43regulation 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),

[F44the 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

I8Reg. 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 F45... it has a place of business in the United Kingdom.

Textual Amendments

Commencement Information

I9Reg. 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(6) applies (Government ships).

Commencement Information

I10Reg. 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

I11Reg. 11 in force at 21.3.1994, see reg. 1(1)

PART IVU.K.QUALIFICATION AND ENTITLEMENT OF BRITISH FISHING VESSELS TO BE REGISTERED ON PART II OF THE REGISTER

EligibilityU.K.

12.  The following persons are qualified to be the owners of fishing vessels which are to be registered on Part II of the Register:—

[F46(a)(i)British citizens; or

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

[F47(b)bodies corporate—

(i)incorporated in the United Kingdom, or

(ii)incorporated in an EEA State with a place of business in the United Kingdom;]

[F48(c)UK Economic Interest Groupings;]

(d)a local authority in the United Kingdom.

Textual Amendments

Commencement Information

I12Reg. 12 in force at 21.3.1994, see reg. 1(1)

13.—(1) Subject to [F49the relevant provisions of the sanctions regulations,] regulations 14 (British connection and representative persons for fishing vessels), 15 (Dispensations), and 36(2), (3) and (4) (Registration and refusal of registration of a ship), a ship shall be entitled to be registered only if the legal and beneficial title of the vessel are vested wholly in one or more of those persons qualified to be owners of a British fishing vessel by virtue of regulation 12.U.K.

(2) Where any share in a vessel is beneficially owned jointly by persons not all of whom are qualified to be the owners of a British fishing vessel by virtue of regulation 12, then for the purposes of this Part, the whole of the share shall be treated as beneficially owned by persons who are not qualified by virtue of that regulation.

Textual Amendments

Commencement Information

I13Reg. 13 in force at 21.3.1994, see reg. 1(1)

British connection and representative persons for fishing vesselsU.K.

14.—(1) Notwithstanding that the requirements specified in regulation 13 are satisfied a vessel shall not be registered unless:—

(a)it is managed, and its operations controlled and directed, from within the United Kingdom, and

(b)any charterer, manager or operator of the vessel is a person qualified to be the owner of a British fishing vessel by virtue of regulation 12.

(2) Where:—

(a)the requirements specified in regulation 13 are satisfied with respect to a fishing vessel, but

(b)the legal title to the vessel is vested wholly in one or more qualified persons who is, or as the case may be each of whom is, an individual not resident in the United Kingdom,

the vessel shall only be eligible to be registered as a fishing vessel if a representative person is appointed in relation to the vessel under Part V.

Commencement Information

I14Reg. 14 in force at 21.3.1994, see reg. 1(1)

DispensationsU.K.

15.—(1) Where in the case of any fishing vessel, the Secretary of State is satisfied that:—

(a)a fishing vessel would be eligible to be registered but for the fact that any particular individual, or (as the case may be) each of a number of particular individuals, is not a British citizen or a national of a member State F50... (and is accordingly not a qualified person), and

(b)it would be appropriate to dispense with the requirement of British citizenship or nationality of such a member State in the case of that individual or those individuals, in view of the length of time he has or they have resided in the United Kingdom and have been involved in the fishing industry of the United Kingdom,

the Secretary of State may determine that that requirement should be so dispensed with; and if he does so, the vessel shall, so long as sub-paragraph (a) above applies to it and any such determination remains in force, be treated for the purposes of registration on Part II of the Register as being eligible to be registered as a British fishing vessel.

Textual Amendments

Commencement Information

I15Reg. 15 in force at 21.3.1994, see reg. 1(1)

Appointment of inspectorsU.K.

16.  For the purpose of determining whether a fishing vessel is eligible to be registered on Part II of the Register, the Secretary of State may appoint a person:—

(a)to investigate the eligibility of the vessel to be so registered, and

(b)to make a report of his conclusions to the Secretary of State;

and any person so appointed shall, for the purpose of conducting the investigation, have the powers conferred on an inspector by the provisions of section 27 of the Merchant Shipping Act 1979(7) (other than paragraphs (d) to (h) of subsection (1) of that section).

Commencement Information

I16Reg. 16 in force at 21.3.1994, see reg. 1(1)

Exemptions from section 5(1) of the ActU.K.

17.  Section 5(1) of the Act does not apply to:—

(a)salmon cobles;

(b)vessels which are 10 metres overall length and under and which are not propelled by use of an engine; and

(c)vessels which are 10 metres overall length and under which are used to fish for only common eels (Anguila anguilla).

Commencement Information

I17Reg. 17 in force at 21.3.1994, see reg. 1(1)

PART VU.K.APPOINTMENT OF REPRESENTATIVE PERSONS

Appointment of representative personsU.K.

18.—(1) Where the entitlement of any ship to be registered is conditional upon the appointment of a representative person, the owner of the ship shall:—

(a)before applying for the ship to be registered, appoint an individual or body corporate satisfying the requirements in paragraph (2) below to be the representative person, and

(b)ensure that, so long as the ship remains registered, an individual or body corporate satisfying those requirements shall be so appointed.

(2) A representative person is either:—

(a)an individual resident in the United Kingdom, or

(b)a body corporate incorporated in a member State and having a place of business in the United Kingdom.

(3) The appointment of the representative person shall be made in a form approved by the Secretary of State and shall contain the name and the address of the representative person.

(4) The owner of any ship in relation to which any representative person is for the time being appointed under this regulation shall:—

(a)on applying for the ship to be registered, send to the Registrar the appointment required by paragraph (3),

(b)in the event of any change in the identity, or in the address of the representative person, notify the Registrar of the relevant change within 7 days of the change occurring,

and the Registrar shall record the new particulars in the Register.

Commencement Information

I18Reg. 18 in force at 21.3.1994, see reg. 1(1)

Service on representative personsU.K.

19.  Any document required or authorised to be served by or under the Merchant Shipping Acts or required or authorised, by virtue of any statutory provision, to be served for the purpose of the institution of, or otherwise in connection with, proceedings for an offence under the Merchant Shipping Acts, or under any instrument in force under those Acts, on the owner of a ship shall be treated as duly served on him if:—

(a)delivered to any representative person for the time being appointed, or

(b)sent to any such person by post at the address notified (or, as the case may be, last notified) to the Registrar under regulation 18(4) above in relation to that person, or

(c)left for any such person at that address.

Commencement Information

I19Reg. 19 in force at 21.3.1994, see reg. 1(1)

PART VIU.K.REGISTRATION

Form of applicationU.K.

20.—(1) Every application made under these Regulations shall be made to the Registrar at the General Registry of Shipping and Seamen F51.... Applications in respect of fishing vessels may also be made through a local office.

(2) The application shall be made in a form approved by the Secretary of State and shall contain the name and address of the applicant and sufficient information to enable the ship to be identified.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I20Reg. 20 in force at 21.3.1994, see reg. 1(1)

The applicantU.K.

21.—(1) Every application made under these Regulations shall be made:—

(a)in the case of individuals, by some one or more of the individuals registered or requiring to be registered as owners or by his or their agent, or

(b)in the case of a body corporate, by a duly authorised officer of that body corporate, or by its agent, or

(c)in the case of an [F52UK] Economic Interest Group, by a duly authorised officer of that Group, or by its agent.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I21Reg. 21 in force at 21.3.1994, see reg. 1(1)

Applications for registrationU.K.

22.—(1) [F53Subject to regulation 25] every application for registration must be supported by a declaration of eligibility which shall be in a form approved by the Secretary of State and shall include:—

(a)a declaration of British connection;

(b)a declaration of ownership by every owner setting out his qualification to own a British ship;

(c)a statement of the number of shares in the ship the legal title of which is vested in each owner whether alone or jointly with any other person or persons; and

(d)in respect of an application to register a fishing vessel, a statement of the beneficial ownership of any share which is not beneficially owned by its legal owner.

(2) Every application for registration of a ship which has, immediately prior to the application, been registered on any other register shall be accompanied by a certified extract from that register in respect of that ship.

(3) Every application for registration of a fishing vessel on Part II of the Register shall state whether the application is for full or simple registration.

[F54(4) Every application for registration of a ship must confirm that the ship is not a sanctioned ship.]

Textual Amendments

Commencement Information

I22Reg. 22 in force at 21.3.1994, see reg. 1(1)

Appointment of managing ownerU.K.

23.—(1) Where application is made in respect of a ship which has more than one owner, or whose shares are owned by more than one owner, and no representative person has been appointed under Part V, one of those owners who is resident in the United Kingdom shall be nominated as the managing owner, and the Register shall be marked accordingly and all correspondence shall be sent to that person at the address recorded in the Register in respect of that owner.

(2) Where the owners determine that a different managing owner should be appointed, the Registrar shall be notified in writing and the Register noted accordingly.

(3) Any document required or authorised to be served, by or under the Merchant Shipping Acts or required or authorised, by virtue of any statutory provision, to be served for the purpose of the institution of, or otherwise in connection with, proceedings for an offence under the Merchant Shipping Acts, or under any instrument in force under those Acts, on the owner of a ship shall be treated as duly served on him if:—

(a)delivered to the managing owner, or

(b)sent to the managing owner by post at the address notified (or, as the case may be, last notified) to the Registrar under paragraph (1) or (2) above in relation to that person, or

(c)left for the managing owner at that address.

Commencement Information

I23Reg. 23 in force at 21.3.1994, see reg. 1(1)

Applications by bodies corporateU.K.

24.  Where application is made on behalf of a body corporate, the application must be accompanied by:—

(a)if it is a company registered in the United Kingdom, a copy of its certificate of incorporation, and, in the case of a company which has changed its name since incorporation, its certificates of change of name, or

(b)if it is:—

(i)a company incorporated in a F55... State F56..., or

(ii)a company incorporated in any relevant British possession, proof in accordance with the laws of the country of its incorporation that the company is an incorporated company,

(c)if it is a company, other than a company incorporated in the United Kingdom, with a place of business in the United Kingdom, a certificate from the Registrar of Companies in England and Wales, the Registrar of Scottish Companies or the Registrar of Northern Ireland Companies that the company is registered with him as an oversea company, and

(d)if it is a body corporate incorporated by virtue of an Act of Parliament, a Charter granted by Her Majesty, or an [F57Act or Ordinance of a relevant British possession], proof, sufficient to satisfy the Registrar, of its incorporation.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I24Reg. 24 in force at 21.3.1994, see reg. 1(1)

Declaration of intentU.K.

25.  Where, at the time when the application for registration is made, the ownership of a ship has not yet passed (or fully passed) to the persons who are to be its owners when it is registered, the application shall be accompanied by a declaration of intent instead of a declaration of eligibility.

Commencement Information

I25Reg. 25 in force at 21.3.1994, see reg. 1(1)

Form of declaration of intentU.K.

26.  The declaration of intent shall consist of:—

(a)a draft declaration of eligibility setting out particulars of ownership of the ship as they are intended to be when the ship is registered; and

(b)a declaration that the ownership of the ship will, at the time when registration occurs, be as stated in the draft declaration of eligibility.

Commencement Information

I26Reg. 26 in force at 21.3.1994, see reg. 1(1)

Declaration of eligibility to be submitted before registrationU.K.

27.  Where an application for registration is accompanied by a declaration of intent and not by a declaration of eligibility, a duly completed declaration of eligbility shall be submitted to the Registrar prior to registration.

Commencement Information

I27Reg. 27 in force at 21.3.1994, see reg. 1(1)

Evidence of title on F58... registrationU.K.

28.—[F59(1)] An application to register a ship F60..., other than an application in respect of a fishing vessel requiring simple registration, must be supported by the following evidence of title:—

(a)in the case of a new ship, the builder’s certificate;

(b)in the case of a ship which is not new, F61...

(i)in respect of a [F62pleasure vessel],

(a)a previous bill or bills of sale showing the ownership of the ship for at least 5 years before the application is made, or

(b)if the ship has been registered with a full registration at any time within the last 5 years, a bill or bills of sale evidencing all transfers of ownership during the period since it was so registered, F63...

(ii)in respect of a fishing vessel,

(a)a previous bill or bills of sale showing the ownership of the vessel for at least 3 years before the application is made, or

(b)if the ship has been registered with full registration at any time within the last 3 years, a bill or bills of sale evidencing all transfers of ownership during the period since it was so registered, or

(c)evidence that the vessel has been for at least 3 years continuously registered as a British fishing vessel with simple registration in the names of the owners applying to be registered and remains so registered;[F64or

(iii)in respect of a ship other than a pleasure vessel or a fishing vessel, one bill of sale showing the most recent transfer of ownership;]

(c)where the evidence required by [F65sub-paragraph] (a) or (b) above is not available, other evidence of title satisfactory to the Registrar.

[F66(2) Where a ship has entered the Register by virtue of paragraph (1)(b)(iii) and subsequently becomes a pleasure vessel or a fishing vessel, the owner shall then provide the title evidence required under paragraph (1)(b)(i) or (ii) respectively or under paragraph (1)(c) for the ship to remain eligible to be registered.]

Textual Amendments

Commencement Information

I28Reg. 28 in force at 21.3.1994, see reg. 1(1)

Survey and measurement of shipU.K.

29.—(1) [F67Subject to regulation 29A] every ship, other than a fishing vessel less than 24 metres in length [F68to which Part IIA of Merchant Shipping Tonnage Regulations 1997 does not apply], shall before registration be surveyed by a surveyor of ships and her tonnage ascertained in accordance with the [F69Tonnage Regulations].

(2) [F70Subject to regulation 29A] a fishing vessel of less than 24 metres [F71other than a fishing vessel to which Part IIA of the Tonnage Regulations applies] shall before registration be measured by an authorised measurer and her tonnage calculated in accordance with the tonnage regulations made under the Merchant Shipping Act 1965.

(3) After survey or measurement, the surveyor or measurer shall issue a certificate specifying the ship’s tonnage and build and such other particulars describing the identity of the ship as may be required by the Secretary of State.The certificate shall be delivered to the Registrar before the ship may be registered.

[F72(4) Subject to paragraph (5) below, a ship which is being:

(a)registered for the first time which has been surveyed or measured and its tonnage ascertained within the previous 12 months; or

(b)re-registered within 12 months of its registration on the Register ceasing,

shall not be required to be surveyed or measured, or its tonnage ascertained, again in accordance with paragraphs (1) or (2) above, if a declaration is made by the owners confirming that the survey or measurement and tonnage details have not changed from those previously provided to the Registrar.

(5) The Registrar may direct, if he thinks it appropriate, that such declaration be provided by an authorised measurer or surveyor.]

Textual Amendments

Commencement Information

I29Reg. 29 in force at 21.3.1994, see reg. 1(1)

[F73Engine power of fishing vessels registered on Part II or Part IV of the RegisterU.K.

29A.—(1) This regulation applies where any of the following applications is made on or after 10th January 2000:

(a)an application under regulation 28 to register a fishing vessel (whether new or second hand);

(b)an application under regulation 51 to record a change in the length, breadth or engine power of a registered fishing vessel; or

(c)an application under regulation 50 to register a change of ownership of a registered fishing vessel or share in such vessel.

(2) When making an application referred to in paragraph (1), the applicant shall submit:

(a)details of the maximum continuous engine power, determined in accordance with Article 5 of Council Regulation (EEC) No. 2930/86, and

(b)where an engine is permanently de-rated, the modification explanation.

(3) Any owner who contravenes paragraph (2) shall be guilty of an offence.

Textual Amendments

29B.  Where the Registrar is not satisfied that the engine power details notified to him, or recorded, for any fishing vessel are correct, he may require the owner to have the engine power measured in accordance with Article 5 of Council Regulation (EEC) No. 2930/86 and to notify the details to him.]U.K.

Textual Amendments

NamesU.K.

30.—(1) On making an application for registration of a ship the applicant shall propose a name by which the ship is to be called.

(2) Schedule 1 (which provides for the approval of names) shall have effect.

(3) A ship shall not be described by any name other than its registered name.

(4) A change shall not be made in a registered ship’s name without the prior written permission of the Registrar.

Commencement Information

I30Reg. 30 in force at 21.3.1994, see reg. 1(1)

Allocation of official number and port of choiceU.K.

31.—(1) On making an application for registration of a ship the applicant shall specify one of the ports listed in part 1 or 2 of Schedule 2, as is appropriate, which it is intended shall be the ship’s port of choice.

(2) [F74Subject to paragraph (2A), on] receipt of an application for registration of a ship for the first time the Registrar, if he is satisfied that that ship is eligible to be registered, shall:—

(a)allocate to the ship a register number (“official number”),

[F75(b)in the case of a fishing vessel, allocate a port number,]

and shall issue a carving and marking note.

[F76(2A) The Registrar is not required to carry out any of the actions mentioned in paragraph (2) if the Registrar is satisfied that the ship is a sanctioned ship.]

(3) The Registrar may, on request by a classification society, allocate an official number to a ship notwithstanding that he is not yet satisfied as to its eligibility.

(4) Where a ship has had a number allocated under paragraph (3) and that number has been carved into the ship’s beam but the ship is not accepted as being eligible for registration, the number must be permanently defaced and a certificate to that effect provided by the classification society to the Registrar.

Textual Amendments

Commencement Information

I31Reg. 31 in force at 21.3.1994, see reg. 1(1)

MarkingU.K.

32.  On receipt of a carving and marking note on first registration the owner shall:—

(a)if the ship has not already been surveyed or measured as required by regulation 29 (Survey and measurement), cause it to be so surveyed or measured;

(b)cause the ship to be carved and marked in accordance with Schedule 3;

(c)where required under regulation 33 (Inspection of marks) cause the ship’s carving and marking to be inspected by an inspector of marks.

Commencement Information

I32Reg. 32 in force at 21.3.1994, see reg. 1(1)

Inspection of marksU.K.

33.—(1) In respect of a ship, other than a pleasure vessel which is under 24 metres in length, an inspector of marks shall satisfy himself that the ship has been carved and marked in accordance with Schedule 3 and, when so satisfied, shall complete the carving and marking note and return it to the Registrar.In respect of a fishing vessel, the carving and marking note may also be returned to the local office.

(2) In respect of pleasure vessel which is under 24 metres in length the owner shall certify that the ship has been carved and marked in accordance with Schedule 3 and return the certified carving and marking note to the Registrar.

Commencement Information

I33Reg. 33 in force at 21.3.1994, see reg. 1(1)

Verification of measurement and carving and markingU.K.

34.—(1) If the Registrar is not satisfied:—

(a)that the particulars of the measurement and tonnage of the ship [F77or such other particulars describing the identity of the ship, as have been required by the Secretary of State] furnished to him are correct, or

(b)that the ship is carved and marked in the manner required by Schedule 3,

he may direct the owner to have the measurement [F78or other details], and/or carving or marking of the vessel verified by an authorised measurer or inspector of marks as appropriate.

(2) If the owner fails to comply with the direction of the Registrar, the Registrar may:—

(a)if the ship is not registered, refuse it registration until his direction has been complied with, or

(b)if the ship is registered, he may serve notice on the owner or managing owner, or any charterer, manager or operator of the ship requiring him to produce evidence within 30 days sufficient to satisfy him that the particulars of the measurement and tonnage are, or that the marking of the ship is, correct.

(3) 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

(b)serve a final notice which closes the ship’s registration, such closure to be effected 7 days after the service of that notice.

(4) Where a ship’s registration is closed under paragraph (3) the owner of the ship shall forthwith surrender its certificate of registry.

(5) Where the Registrar serves a notice under this regulation on the owner of a ship in respect of which a mortgage is registered, he shall send a copy of that notice to the mortgagee at the address recorded in the Register for the mortgagee.

Textual Amendments

Commencement Information

I34Reg. 34 in force at 21.3.1994, see reg. 1(1)

Cancellation of carving and marking noteU.K.

35.  If a carving and marking note issued under regulation 31 is not duly completed and returned to the Registrar within 3 months of its issue, the Registrar may cancel it and the application shall be treated as having been withdrawn.

Commencement Information

I35Reg. 35 in force at 21.3.1994, see reg. 1(1)

Registration and refusal of registration of a shipU.K.

36.—(1) Where a Registrar is satisfied in respect of an application that:—

(a)the ship is eligible to be registered as a British ship; and

(b)the ship has been duly carved and marked and that the appropriate survey or measuring certificate has been provided, and

(c)the particulars of the ship furnished to him are correct, and

(d)title to the ship has been adequately proved (where necessary), and

(e)the relevant requirements of these Regulations have been complied with,

he shall, subject to [F79the relevant provisions of the sanctions regulations and] paragraphs (2), (3) and (4) register the ship by entering in the Register the particulars of the ship and its owners specified in Schedule 4.

(2) The Registrar may refuse to register any fishing vessel if he is not satisfied that there is in force in respect of the vessel any certificate required to be so in force by virtue of section 4 of the Fishing Vessels (Safety Provisions) Act 1970(8).

F80(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If the Registrar is not satisfied as mentioned in paragraph (1) he shall, subject to regulation 106 (Requirement for supplementary information), refuse the application.

(5) Notwithstanding that a ship is otherwise entitled to be registered, the Registrar may refuse to register it if, taking into account any requirement of the Merchant Shipping Acts (including any instrument made under them) relating to the condition of the ship or its equipment so far as it is relevant to its safety or to any risk of pollution or to the safety, health and welfare of persons employed or engaged in any capacity on board the ship, he considers that it would be inappropriate for the ship to be registered.

Textual Amendments

Commencement Information

I36Reg. 36 in force at 21.3.1994, see reg. 1(1)

Issue of certificate of registryU.K.

37.  Upon registering a ship the Registrar shall issue and send to the owner a certificate of registry containing the particulars set out in Schedule 5.

Commencement Information

I37Reg. 37 in force at 21.3.1994, see reg. 1(1)

Temporary registration documents for fishing vesselsU.K.

38.—(1) The Registrar may upon registering a fishing vessel, if the owner so requests, issue to the owner through a local office a temporary registration document.The document shall contain the registered particulars of the vessel and shall specify the period (not exceeding 2 months) for which it is valid.

(2) During the period of its validity a temporary registration document shall have the effect of a certificate of registry.

Commencement Information

I38Reg. 38 in force at 21.3.1994, see reg. 1(1)

Period of registrationU.K.

39.  [F81Subject to [F82regulation 87L(6) and] regulation 116] the registration of a ship shall, unless terminated under these Regulations, be valid for a period of 5 years beginning with the date of registration specified in the certificate of registry and shall expire at the end of that period unless it is renewed in accordance with regulation 42 (Application for renewal of registration).

Textual Amendments

Commencement Information

I39Reg. 39 in force at 21.3.1994, see reg. 1(1)

Documents to be retained by the RegistrarU.K.

40.—(1) (a) On registering a ship the Registrar shall retain in his possession a copy of any builder’s certificate or bill of sale or other evidence of title produced on first registration, any certificate of measurement or survey, and all declarations of eligibility.

(b)On a fishing vessel changing from simple registration to full registration the Registrar shall retain in his possession a copy of the evidence adduced for that change F83....

[F84(c)On registering a fishing vessel which has had its engine power permanently de-rated the Registrar shall retain in his possession the modification explanation which has been submitted to him in accordance with regulation 29A(2).]

(2) [F85All original documents] which have been produced to the Registrar to establish title shall be returned to the applicant once the ship has been registered. F86...

Textual Amendments

Commencement Information

I40Reg. 40 in force at 21.3.1994, see reg. 1(1)

Renewal notices and time limit for renewalU.K.

[F8741.—(1) At least 3 months (but not more than 6 months) before the expiry of the registration period the Registrar shall issue to the owner of the ship a renewal notice.

(2) Subject to paragraph (3), the owner of the ship may apply for renewal of registration at any time between the date of issue of the renewal notice and the date of expiry of the current registration period.

(3) Notwithstanding paragraph (2) above, an application for renewal of registration may be made prior to the last 3 months of the current registration (or issue of a renewal notice), for issue of a certificate of registry commencing prior to the expiry of the current registration period. Where such a certificate is issued it shall not be valid for a period greater than 5 years commencing on the date of issue and the previous certificate shall then cease to be valid.]

Textual Amendments

Commencement Information

I41Reg. 41 in force at 21.3.1994, see reg. 1(1)

Application for renewal of registrationU.K.

42.—[F88(1) Application for renewal shall be in a form approved by the Secretary of State and shall be accompanied by—

(a)a declaration of eligibility,

(b)a declaration that there have been no changes to any registered details of the ship that have not been notified to the Registrar,

(c)in respect of all fishing vessels, except those below 24 metres in length to which part IIA of the Tonnage Regulations does not apply, a declaration that the fishing vessel is correctly measured for tonnage under those Regulations, and

(d)confirmation that the ship is not a sanctioned ship.]

[F89(1A) In the case of an application for renewal made on or after 1st January 2001 in respect of a fishing vessel, the application shall in addition be accompanied by:

(a)where an engine has been permanently de-rated, a declaration describing the method by which the engine has been permanently de-rated, or

(b)in any other case, a declaration that the engine power recorded is the maximum continuous engine power.]

(2) Where no application for renewal is made the Registrar shall notify each and every mortgagee of the expiration of the ship’s registration.

Textual Amendments

Commencement Information

I42Reg. 42 in force at 21.3.1994, see reg. 1(1)

Evidence of title on registration of transfer of shipU.K.

43.—(1) On application for registration under paragraph 2(1) of Schedule 1 to the Act of a transfer of a registered ship or a share in a registererd ship, other than a fishing vessel registered with simple registration, the bill of sale shall be produced to the Registrar.

(2) When an application is made for the registration of a transfer of a fishing vessel which is registered with simple registration evidence of the transfer satisfactory to the Registrar shall be produced to him.

Commencement Information

I43Reg. 43 in force at 21.3.1994, see reg. 1(1)

Form of bill of saleU.K.

44.  Every bill of sale effecting a transfer of a registered ship or a share in a ship under the Act and these Regulations shall be in the form approved by the Secretary of State with appropriate attestation and shall contain a description of the ship sufficient to identify it.

Commencement Information

I44Reg. 44 in force at 21.3.1994, see reg. 1(1)

Registration of transfer of a shipU.K.

45.—(1) If the application under paragraph 2(2) of Schedule 1 to the Act (Transfer of ship or shares in a ship) is granted by the Registrar, he shall:—

(a)register the bill of sale by entering the name of the new owner in the Register as owner of the ship or share in question, and

(b)[F90where an original is provided,] endorse on the bill of sale the fact that the entry has been made, together with the date and time when it was made.

(2) If the Registrar is satisfied with the evidence under regulation 43 (Evidence of title on registration of transfer of ship) that the ship or share in a ship has been transferred, he shall enter the name of the new owner in the Register as the owner of the ship or share in question and issue a new certificate, which shall be valid for a period of 5 years.

Textual Amendments

Commencement Information

I45Reg. 45 in force at 21.3.1994, see reg. 1(1)

Evidence of title on transmission of a registered shipU.K.

46.—(1) An application for registration of a transmission of a registered ship or a share in a registered ship under paragraph 3(1) of Schedule 1 to the Act shall be made in the form approved by the Secretary of State.

(2) The following evidence shall be produced to the Registrar on an application for a transfer of a registered ship or share therein by way of transmission:—

(a)if the transmission was consequent on death, the grant of representation or [F91a copy] thereof or of an extract therefrom,

(b)if the transmission was consequent on bankruptcy such evidence as is for the time being receivable in courts of justice as proof of title of persons claiming under bankruptcy,

(c)if the transmission was consequent on an order of a court, a copy of the order or judgment of that court.

Textual Amendments

Commencement Information

I46Reg. 46 in force at 21.3.1994, see reg. 1(1)

[F92Declaration of eligibility on transfer or transmissionU.K.

47.  Every application for the registration of a transfer or transmission of a registered ship or a share in a registered ship shall be accompanied by—

(a)a declaration of eligibility,

(b)confirmation that the ship is not a sanctioned ship, and

(c)where the application is made on behalf of a body corporate, the documents mentioned in regulation 24.]

Textual Amendments

Commencement Information

I47Reg. 47 in force at 21.3.1994, see reg. 1(1)

Refusal of registration of transfer or transmissionU.K.

48.—(1) If on an application for transfer or transmission of a ship or shares in a ship the Registrar is not satisfied that the ship is eligible to be registered:—

(a)the Registrar shall serve a notice under paragraph (2) on the owner of the ship, and

(b)the ship’s registration shall terminate by virtue of this paragraph at the end of the period of 14 days beginning with the date of the service of that notice.

(2) A notice under this paragraph shall state:—

(a)that the Registrar is not satisfied that the vessel in question is eligible to be registered, and

(b)that the ship’s registration will accordingly terminate by virtue of paragraph (1) at the end of the period referred to in that paragraph.

[F93(3) If, on an application for transfer or transmission of a ship or shares in a ship, the Registrar is satisfied that the ship is a sanctioned ship—

(a)the Registrar must serve a notice on the owner of the ship in accordance with paragraph (4), and

(b)the ship’s registration terminates at the end of the day on which that notice is served.

(4) The notice must state that the ship’s registration terminates under paragraph (3) at the end of the day on which the notice is served.]

Textual Amendments

Commencement Information

I48Reg. 48 in force at 21.3.1994, see reg. 1(1)

Notification of changes of ownership etc.U.K.

49.—(1) If at any time there occurs, in relation to a registered ship:—

(a)any change affecting the eligibility of the ship to be registered, not being a change which affects the qualification or eligibility of the owner (as [F94prescribed in] regulations 7 and 12) or the British connection of a ship (as prescribed in regulations 8 and 14), or

(b)in respect of a fishing vessel, any change, not affecting that eligibility, in the percentage of the property in the ship beneficially owned by qualified persons or companies,

the owner of the ship shall, as soon as practicable after the change occurs, notify the Registrar.

(2) The notification referred to in paragraph (1) shall be made in writing, shall be signed by the owner and shall specify the nature of the change and the name and the official number of the ship.

(3) Any person who contravenes paragraph (1) shall be guilty of an offence.

Textual Amendments

Commencement Information

I49Reg. 49 in force at 21.3.1994, see reg. 1(1)

50.—(1) Where there is any transfer or transmission of a registered ship or share in a registered ship:—U.K.

(a)the person ceasing to own the ship or share, or in the event of his death, his legal personal representative, shall notify the Registrar and surrender the certificate of registry, and

(b)the Registrar shall cancel the certificate of registry and shall freeze the Register pending the application for the registration of the transfer or transmission by the new owner or owners of the ship or share.

(2) —

(a)Where there is a transfer of a registered ship the new owners shall within 30 days of the transfer make application in accordance with these Regulations for the transfer to be registered.

(b)If the transfer is of all the shares in the ship, and application is not made within the 30 days, the Registrar may cancel the registration of the ship and the certificate of registry.

(c)If the transfer is of one or some of the shares in the ship, and application is not made within the 30 days, the Registrar shall serve a notice on the remaining registered owners notifying them that, unless an application to transfer the share or shares in question is made within 30 days of the date of the notice the registration of the ship and the certificate of registry may be cancelled.

(3) —

(a)Where there is a transmission of a registered ship the new owners shall promptly make application in accordance with these Regulations for the transmission to be registered.

(b)If the transmission is all the shares in the ship, and application is not made within a reasonable time, the Registrar may cancel the registration of the ship and the certificate of registry.

(c)If the transmission is of one or some of the shares in the ship, and application is not made a reasonable time, the Registrar shall serve a notice on the remaining registered owners notifying them that, unless an application to register the transmission of the share or shares in question is made within 30 days of the date of the notice the registration of the ship and the certificate of registry may be cancelled.

[F95(4) —

Any person who fails to notify the Registrar, to surrender the certificate of registry, or to make application as required by paragraph (1), (2) or (3) shall be guilty of an offence.]

Textual Amendments

Commencement Information

I50Reg. 50 in force at 21.3.1994, see reg. 1(1)

Change in registered particulars of shipU.K.

51.—(1) Where there is a change:—

(a)in the registered particulars of a ship other than a change in the tonnage of the ship, or

(b)in the name or address of an owner entered in the Register (not being a change of ownership),

application shall be made as soon as practicable to the Registrar for the change to be recorded in the Register.

(2) Such application shall be in writing and shall subject to regulation 111 (Dispensing with production of certificate) be accompanied by the certificate of registry and such evidence as to the change as may be required by the Registrar.

(3) Where there is a change in the tonnage of a ship, it shall be resurveyed or remeasured in accordance with regulation 29 (Survey and measurement of ship).Thereafter application in a form approved by the Secretary of State shall be made as soon as practicable for the change to be recorded in the Register. The application shall be accompanied by the certificate of survey or measurement and the certificate of registry.

(4) On recording the change in the registered particulars the Registrar shall cancel the existing certificate and issue to the owner a new certificate of registry expiring on the same date as the existing one.

[F96(5) Any person who fails to make an application as required by paragraph (1) or (3) shall be guilty of an offence.]

Textual Amendments

Commencement Information

I51Reg. 51 in force at 21.3.1994, see reg. 1(1)

Change of nameU.K.

52.—(1) An owner of a registered ship may apply to the Registrar to change the name of the ship.The application shall be made in a form approved by the Secretary of State and shall, subject to regulation 111 (Dispensing with production of certificate), be accompanied by the certificate of registry.

(2) If it appears to the Registrar that the name complies with Schedule 1 (Approval of names) he shall issue a marking note to the owner.

Commencement Information

I52Reg. 52 in force at 21.3.1994, see reg. 1(1)

Transfer of port of choiceU.K.

53.—(1) An owner of a registered ship may apply to the Registrar for the ship to change its port of choice to another such port.The application shall be made in a form approved by the Secretary of State and, subject to regulation 111 (Dispensing with production of certificate), be accompanied by its certificate of registry.

(2) On receipt of such an application in respect of a fishing vessel the Registrar shall allocate to the vessel port letters and numbers for that port.

(3) If it appears to the Registrar that the requirements of Schedule 1 (Approval of name) are complied with he will issue a marking note.

Commencement Information

I53Reg. 53 in force at 21.3.1994, see reg. 1(1)

Re-marking of shipU.K.

54.—(1) On receipt of the marking note the owner shall cause the ship to be marked with the new name and/or port of choice and, in respect of ships over 24 metres and fishing vessels, shall cause the marking to be inspected in accordance with regulation 33 (Inspection of marks).

(2) The owner or inspector shall, if satisfied that the ship is marked in the manner required by Schedule 3, complete the marking note and return it to the Registrar.

Commencement Information

I54Reg. 54 in force at 21.3.1994, see reg. 1(1)

Registration of changes of name or port of choiceU.K.

55.  On receipt of the marking note duly completed the Registrar shall re-register the ship with its new name and/or port of choice and shall cancel the existing certificate and shall issue to the owner a new certificate of registry expiring on the same date as the existing one.

Commencement Information

I55Reg. 55 in force at 21.3.1994, see reg. 1(1)

Removal from the RegisterU.K.

56.—(1) The Registrar may, subject to regulation 101 (Service of notices) terminate a ship’s registration in the following circumstances:—

(a)on application by the owner;

[F97(aa)if the registered owner has not notified the Registrar that ownership of the ship has changed;]

[F98(ab)on determining that, at the time of registration, the ship was not eligible to be registered;]

(b)on the ship no longer being eligible to be registered;

[F99(ba)on receipt of a termination direction relating to the ship;]

(c)on the ship being destroyed (which includes, but is not limited to, shipwreck, demolition, fire and sinking);

(d)if, taking into account any requirements of the Merchant Shipping Acts (including any instrument made under them) relating to the condition of the ship or its equipment so far as relevant to its safety or to any risk of pollution or to the safety, health and welfare of persons employed or engaged in any capacity on board the ship, he considers that it would be inappropriate for the ship to remain registered;

(e)when a registered fishing vessel which has been licensed to fish ceases to be so licensed for a continuous period of 6 months or more;

(f)when a fishing vessel which requires a licence to fish but at the time of registration did not have such a licence and has not acquired such a licence within 6 months of the issue of its certificate of registry;

(g)when any penalty imposed on the owner of a ship in respect of a contravention of the Merchant Shipping Acts, or of any instrument in force under those Acts, has remained unpaid for a period of more than 3 months (and no appeal against that penalty is pending);

(h)when any summons for any such contravention has been duly served on the owner of a ship but the owner has failed to appear at the time and place appointed for the trial of the information or complaint in question and a period of not less than 3 months has elpased since that time.

[F100(i)except in the case of a fishing vessel below 24 metres in length to which Part IIA of the Tonnage Regulations does not apply, when the tonnage of a fishing vessel has not been measured in accordance with those Regulations, or though so measured, that information has not been notified to the Registrar.]

[F101(j)where the owner of a fishing vessel fails to respond to the Registrar within 15 days of a request from him to supply information concerning details on the Register of a fishing vessel;

(k)where the owner of a fishing vessel supplies information requested by the Registrar, but that information is either false or incorrect, or is reasonably considered by the Registrar to be insufficient;

(l)where a fishing vessel certificate has expired;

(m)where under regulation 50 a person is required to notify the Registrar, or make an application, and has not done so; or

(n)where under regulation 51 a person is required to make an application, and has not done so.]

(2) Where the Registrar terminates registration under (a) [F102, (ba)] or (c) above, he shall:—

(a)forthwith issue a closure transcript to the owner of the ship, and

(b)notify any mortgagees of the closure of the registration.

[F103(2A) Where the Registrar terminates registration under paragraph (1)(i) above he shall issue a closure transcript—

(a)in the case of fishing vessels of 24m or more in length, having effect on or, as the case may be, after 1st January 1999;

(b)in the case of fishing vessels to which Part IIA of the Tonnage Regulations apply, having effect on or, as the case may be, after the date on which that Part applies to them.]

(3) On receipt of the closure transcript the owner shall immediately surrender the ship’s certificate of registry to the Registrar for cancellation.

(4) Where the registration of a fishing vessel has been terminated by virtue of paragraph (1)(b), then, without prejudice to the operation of any provision of the Act or these Regulations the ship shall not again be registered as a British ship unless:—

(a)the Registrar consents to the vessel being so registered, or

(b)the Registrar is satisfied that the vessel has been disposed of by its former registered owner by means of a transaction at arm’s length and that no person who for the time being is a relevant owner of the vessel was a relevant owner of it at the time registration was terminated.

(5) For the purposes of paragraph (4) a person is a relevant owner of a vessel at any time if at that time:—

(a)the legal title to the vessel or any share in it is vested in that person, or

(b)the vessel or any share in it is beneficially owned by that person, or

(c)any share in a body corporate falling within (a) or (b) above are legally or beneficially owned by that person,

whether vested in, or (as the case may be) owned by, that person alone or together with any other person or persons.

Textual Amendments

Commencement Information

I56Reg. 56 in force at 21.3.1994, see reg. 1(1)

PART VIIU.K.MORTGAGES

Form of mortgageU.K.

57.—(a) A mortgage produced for registration under Schedule 1 to the Act, and

(b)a transfer of a registered mortgage, and

(c)a discharge of a registered mortgage,

shall be in a form approved by [F104the Secretary of State], in each case with appropriate attestation.

Textual Amendments

Commencement Information

I57Reg. 57 in force at 21.3.1994, see reg. 1(1)

Registration of mortgageU.K.

58.  Where a mortgage executed in accordance with regulation 57 (Form of mortgage) is produced to the Registrar for registration, he shall:—

(a)register the mortgage, and

(b)[F105where an original is provided,] endorse on it the date and time it was registered.

Textual Amendments

Commencement Information

I58Reg. 58 in force at 21.3.1994, see reg. 1(1)

Notices by intending mortgagees: priority noticesU.K.

59.—(1) Where any person who is an intending mortgagee under a proposed mortgage of:—

(a)a registered ship, or

(b)a share in a registered ship,

notifies the Registrar of the interest which it is intended that he should have under the proposed mortgage, the Registrar shall record that interest.

(2) For the purpose of paragraph (1) the notice to the Registrar shall be in a form approved by the Secretary of State and shall contain the name and official number of the ship, the name address and signature of the intending mortgagor, the number of shares to be mortgaged, and the name and address of the intending mortgagee.

(3) Where any person who is an intending mortgagee under a proposed mortgage of:—

(a)a ship which is not for the time being registered, or

(b)a share in any such ship,

notifies the Registrar in writing of the interest which it is intended that he should have under the proposed mortgage, the Registrar:—

(i)shall record that interest in the Register, and

(ii)if the ship is subsequently registered, shall register the ship subject to that interest or, if the mortgage has by then been executed in accordance with regulation 57 and produced to the Registrar, subject to that mortgage.

(4) For the purposes of paragraph (3) the notice shall be in a form approved by the Secretary of State and contain the following information:—

(a)the present name of the ship;

(b)the intended name of the ship;

(c)the approximate length of the ship;

(d)where the ship is registered outside the United Kingdom, a copy of its certificate of registry or other document evidencing its registration and giving its port of registration;

(e)where the ship is a new ship, the builder’s certificate or if that is not available, the name and address of the builder and the ship’s yard number;

(f)where the ship is neither a new ship nor a registered ship, details of any permanent marks on the ship which enable it to be clearly identified;

(g)the name, address and signature of the intending mortgagor, the number of shares to be mortgaged, and the name and address of the intending mortgagee.

(5) In a case where:—

(a)paragraph 8 of Schedule 1 to the Act operates to determine the priority between two or more mortgagees, and

(b)any of those mortgages gave notification under paragraph (1) or (3) above with respect to his mortgage,

paragraph 8 of the said Schedule shall have effect in relation to that mortgage as if it had been registered at the time when the relevant entry was made in the Register under the said paragraphs (1) or (3).

(6) Any notification given by a person under paragraphs (1) or (3) (and anything done as a result of it) shall cease to have effect:—

(a)if the notification is withdrawn, or

(b)at the end of the period of 30 days beginning with the date of the notification, unless the notification is renewed in accordance with paragraph (7).

(7) The person by whom any such notification is given may renew or further renew the notification on each occasion for a period of 30 days, by notice in writing given to the Registrar:—

(a)before the end of the period mentioned in paragraph (6)(b), or

(b)before the end of a period of renewal,

as the case may be.

(8) Any notice given under this regulation shall be in a form approved by the Secretary of State.

Commencement Information

I59Reg. 59 in force at 21.3.1994, see reg. 1(1)

[F106Evidence of transmission of mortgage.U.K.

60.   On the application for registration of a transmission of a registered mortgage as mentioned in paragraph 12 of Schedule 1 to the Act the evidence to be produced to the Registrar shall be:—

(a)a declaration of transmission of mortgage in a form approved by the Secretary of State; and

(b)(i)if the transmission was consequent on death, the grant of representation or [F107a copy] thereof or of an extract therefrom;

(ii)if the transmission was consequent on bankruptcy such evidence as is for the time being receivable in courts of justice as proof of title of persons claiming under bankruptcy;

(iii)if the transmission was consequent on an order of a court, a copy of the order of that court.]

Textual Amendments

Commencement Information

I60Reg. 60 in force at 21.3.1994, see reg. 1(1)

Transfer or transmission of registered mortgageU.K.

[F10861.  Where a transfer of a registered mortgage or evidence of a transmission is produced to the Registrar, he shall:—

(a)enter the name of the transferee, or the name of the person to whom the mortgage has been transmitted, in the Register as mortgagee of the ship or share in question;

(b)in respect of a transfer, [F109where an original is provided,] endorse on the instrument of transfer the date and time the entry was made.]

Textual Amendments

Commencement Information

I61Reg. 61 in force at 21.3.1994, see reg. 1(1)

Discharge of mortgagesU.K.

62.—(1) Where a registered mortgage has been discharged, the Registrar shall, on production of the mortgage deed and with such evidence of the discharge as satisfies him that the mortgage has been discharged, record in the Register that the mortgage has been discharged.

(2) If for good reason the registered mortgage cannot be produced to the Registrar, he may, on being satisfied that the mortgage has been properly discharged, record in the Register that the mortgage has been discharged.

Commencement Information

I62Reg. 62 in force at 21.3.1994, see reg. 1(1)

Effect of termination of registration on registered mortgageU.K.

63.  Where the registration of a ship terminates by virtue of any of these Regulations, that termination shall not affect any entry in the Register of any undischarged registered mortgage of that ship or any share in it.

Commencement Information

I63Reg. 63 in force at 21.3.1994, see reg. 1(1)

PART VIIIU.K.PROVISIONAL REGISTRATION

Provisional registrationU.K.

64.  Where a ship which the owner intends should be registered on Part I or Part II of the Register is outside the British Islands the owner may apply to the Registrar for provisional registration, or, if the ship is at a port outside the British Islands, the owner may alternatively apply to the appropriate person for provisional registration of the ship.

Commencement Information

I64Reg. 64 in force at 21.3.1994, see reg. 1(1)

Application for provisional registrationU.K.

65.  An application for provisional registration shall be in a form approved by the Secretary of State and shall be accompanied by the particulars required by regulation [F11022(1)] (Applications for registration) and regulation 24 (Applications by bodies corporate).

Textual Amendments

Commencement Information

I65Reg. 65 in force at 21.3.1994, see reg. 1(1)

Scrutiny of particulars of eligibilityU.K.

66.  Where application is made to the appropriate person he shall forward those particulars to the Registrar who shall, if he is satisfied that the ship is eligible for registration, notify the appropriate person accordingly.

Commencement Information

I66Reg. 66 in force at 21.3.1994, see reg. 1(1)

Period of provisional registrationU.K.

67.  The Registrar, on being satisfied that the ship is eligible for registration, or the appropriate person on receipt of that notification (but not otherwise), may proceed to register the ship provisionally for a period of 3 months.

Commencement Information

I67Reg. 67 in force at 21.3.1994, see reg. 1(1)

Certificate of provisional registrationU.K.

68.  The Registrar, or the appropriate person, shall issue to the owner of the ship a certificate of provisional registration in a form approved by the Secretary of State.The certificate shall have the effect of a certificate of registry until:—

(a)the expiration of three months from its date of issue, or

(b)the ship’s arrival in the United Kingdom, or

(c)termination by the Registrar on request from the owner, whichever shall first occur.

Commencement Information

I68Reg. 68 in force at 21.3.1994, see reg. 1(1)

Provisional registration not to be renewedU.K.

69.  Where a ship has been provisionally registered once, it shall not be provisionally registered again within one year of the date of the issue of the certificate of provisional registration, except with the consent of the Registrar.

Commencement Information

I69Reg. 69 in force at 21.3.1994, see reg. 1(1)

Condition of provisional registration for fishing vesselsU.K.

70.  It shall be a condition of provisional registration for fishing vessels that the vessel shall not fish for profit while so registered; and if any provisionally registered vessel does fish for profit its provisional registration shall immediately thereon terminate and the owner shall as soon as practicable surrender the certificate of provisional registry to the Registrar.

Commencement Information

I70Reg. 70 in force at 21.3.1994, see reg. 1(1)

PART IXU.K.TRANSFER OF REGISTRATION

Transfer of registration to relevant British possessionU.K.

71.—(1) Subject to paragraph (2) the registration of a ship registered on Part I of the Register may be transferred from the Register to the register of a port in a relevant British possession.

(2) Where an application is made under this regulation for the transfer of a ship’s registration under paragraph (1), the Registrar shall not proceed to deal with the application unless he is satisfied that registration of the ship at the intended port of registration is not precluded by:—

(a)any Order in Council in force under section 11 of the Merchant Shipping Act 1988(9), or

(b)any provision of the law in force in the possession in question;

and any certificate purporting to be signed by the registrar of the intended port of registration and stating that any such provision is in force shall be conclusive evidence for the purposes of this paragraph of the matters stated in it.

(3) Where the registrar of the intended port of registration issues a certificate of registry following any such application and on notification of the transfer by the registrar of the new port of registration, the Registrar shall terminate the registration of the ship.

(4) Where the registration of a ship is transferred under this regulation the certificate of registry shall be surrendered to the Registrar for cancellation.

Commencement Information

I71Reg. 71 in force at 21.3.1994, see reg. 1(1)

Transfer of registration from relevant British possessionU.K.

72.—(1) [F111Subject to paragraph (1A), where] a ship, excluding a fishing vessel, is registered in a relevant British possession, the registration of that ship may be transferred to Part I of the Register if:—

(a)an application to the registrar of the existing port of registration has been made for that purpose by a declaration in writing by all the persons appearing on his register to be interested in the ship as owners, and

(b)the following documents have been transmitted to the Registrar;

(i)a copy of the application and declaration required by sub-paragraph (a) transmitted by the registrar at the existing port of registration;

(ii)a copy transmitted by him of all the registered particulars of the ship and the names of all person appearing on his register to be interested in the ship as owners and mortgagees; and

(iii)the ship’s certificate of registry.

[F112(1A) The registration of a ship may not be transferred to Part I of the Register if the Registrar is satisfied that the ship is a sanctioned ship.]

(2) On making an application to transfer to the Register the applicant shall specify one of the ports listed in part 1 of Schedule 2 which it is intended shall be the ship’s port of choice.

(3) Where the ship has not previously been required by the registrar of its existing port of registration to have its name approved by the Registrar in accordance with Schedule I the applicant shall propose a name which the ship is to be called.

(4) On being satisfied that the name complies with the requirements of Schedule I the Registrar shall issue a marking note.

(5) On receipt of a marking note the owner shall proceed as provided in regulation 54 (Re-marking of ship).

(6) On receipt of the documents specified in paragraph (1) and the completed marking note the Registrar shall:—

(a)enter in the Register all the particulars and names so transmitted, and

(b)issue a new certificate of registry.

(7) Where entitlement of a ship to be registered is by virtue of regulation 8 (British connection and majority interest) subject to any condition specified in that regulation being satisfied, the registration of the ship shall not be transferred to the Register of British ships in the United Kingdom unless it appears to the Registrar that that condition is satisfied.

(8) A transfer of registration under this regulation shall not affect the rights of any person mentioned in paragraph (1)(a) of this regulation.

(9) Notwithstanding that a ship is otherwise entitled to be registered, the Registrar may refuse to register if if, taking into account any requirement of the Merchant Shipping Acts (including any instrument made under them) relating to the condition of the ship or its equipment so far as it is relevant to its safety or to any risk of pollution or to the safety, health and welfare of persons employed or engaged in any capacity on board the ship, he consider that it would be inappropriate for the ship to be registered.

Textual Amendments

Commencement Information

I72Reg. 72 in force at 21.3.1994, see reg. 1(1)

[F113Transfer within the RegisterU.K.

72A.  On application being made to him, the Registrar may, after provision of such information and evidence as he may require and if he is satisfied the ship is eligible to be registered in the new Part, transfer the registration of the ship to a different Part of the Register. All entries in the Register relating to the ship (including any entries relating to mortgages) shall be transferred.]

Textual Amendments

PART XU.K.BAREBOAT CHARTER-IN

Qualification and entitlement for registration of bareboat charter ships other than fishing vesselsU.K.

73.  The persons qualified to be the owners of British ships by virtue of regulation 7(1) who charter a ship (other than a fishing vessel) on bareboat charter terms shall be qualified to register a bareboat charter ship under section 7 of the Act.

Commencement Information

I73Reg. 73 in force at 21.3.1994, see reg. 1(1)

Qualification and entitlement for registration of a fishing vessel as a bareboat charter shipU.K.

74.—(1) The persons prescribed by regulation 12 who charter a fishing vessel on bareboat charter terms shall be eligible to register it on Part IV of the Register under section 7 of the Act.

(2) A fishing vessel shall not be registered on Part IV of the Register unless it is managed, and its operations controlled and directed, from within the United Kingdom.

Commencement Information

I74Reg. 74 in force at 21.3.1994, see reg. 1(1)

Appointment of representative personU.K.

75.  Where the charterer is not resident in the United Kingdom he shall appoint a representative person and Part V shall apply as if the charterer were the owner.

Commencement Information

I75Reg. 75 in force at 21.3.1994, see reg. 1(1)

Dispensations for the bareboat charterers of fishing vesselsU.K.

76.  The charterers of fishing vessels which are, or are to be, registered as bareboat charter ships may apply for dispensation from the eligibility requirements in accordance with regulation 15 (Dispensations).

Commencement Information

I76Reg. 76 in force at 21.3.1994, see reg. 1(1)

ApplicationsU.K.

77.—(1) Every application for registration of a bareboat charter ship shall be made to the Registrar at the General Registry of Shipping and Seaman F114....

(2) Regulation 21 (The applicant) shall apply to this Part as if the charterer were the owner.

(3) Every application for registration of the ship shall be in a form approved by the Secretary of State and accompanied by:—

(a)a declaration of eligibility which shall include:—

(i)a declaration by every charterer setting out his qualification to register a bareboat charter ship, and

(ii)in respect of fishing vessels, a declaration that the management, and direction and control, of the ship, will be carried out from within the United Kingdom.

[F115(ab)confirmation that the ship is not a sanctioned ship;]

(b)a copy of the charter-party showing:—

(i)the name of the ship;

(ii)the name of the charterer or charterers and the name of the owner or owners of the ship;

(iii)the date of the charter-party;

(iv)the duration of the charter-party;

(c)the certificate of registry, or other document, issued by the authority responsible for the registration of ships in the country of primary registration showing the ownership of the ship; and

(d)where the charterer is a body corporate, the document or documents required by regulation 24 (Applications by bodies corporate).

(4) Regulation 29 (Survey and measurement) shall apply to this Part.

(5) The Registrar may refuse to register any fishing vessel as a bareboat charter ship if he is not satisfied that there is in force in respect of the vessel any certificate required to be so in force by virtue of section 4 of the Fishing Vessels (Safety Provisions) Act 1970.

Textual Amendments

Commencement Information

I77Reg. 77 in force at 21.3.1994, see reg. 1(1)

NamesU.K.

78.—(1) On making an application for registration of a bareboat charter ship the applicant shall propose a name which the ship is to be called while so registered.

(2) If the Registrar is satisfied that the name is in compliance with the provisions of Schedule 1 he shall approve the name.

Commencement Information

I78Reg. 78 in force at 21.3.1994, see reg. 1(1)

Allocation of identifying number; port of choice and port numbersU.K.

79.—(1) On making application for registration of a bareboat charter ship the applicant shall specify one of the ports listed in part 1 or 2 of Schedule 2, as is appropriate, which it is intended shall be the port of choice.

[F116(2) Where the application is made in respect of a fishing vessel and the Registrar is satisfied that the vessel is eligible to be registered as a bareboat charter ship, he shall:

(a)allocate a port number, and

(b)allocate an identifying number, whether or not the vessel already has a number allocated by its primary register.

(3) In the case of any other ship the Registrar may allocate an identifying number, whether or not the ship already has a number allocated by its primary register.]

Textual Amendments

Commencement Information

I79Reg. 79 in force at 21.3.1994, see reg. 1(1)

MarkingU.K.

80.—(1) [F117Subject to paragraph (1A), on] being satisfied that the ship is eligible for registration and on production of any certificate for survey required under regulation 29 (Survey and measurement of ship) the Registrar shall issue a carving and marking note.

[F118(1A) Paragraph (1) does not apply if the Registrar is satisfied that the ship is a sanctioned ship.]

(2) On receipt of a carving and marking note the charterer shall:—

(a)where the ship is not already so marked cause it to be marked with;

(i)its name, and

(ii)its port of choice, and

(iii)in respect of a fishing vessel, [F119its port number], and

(b)where the ship is not already so carved, cause it to be carved with its identifying number and the number denoting its tonnage,

in accordance with Schedule 3.

Textual Amendments

Commencement Information

I80Reg. 80 in force at 21.3.1994, see reg. 1(1)

Inspection of marks etcU.K.

81.  Regulations 33 (Inspection of marks) and 35 (Cancellation of carving and marking note) shall apply to this Part [F120as if any reference in them to the owner was a reference to the charterer].

Textual Amendments

Commencement Information

I81Reg. 81 in force at 21.3.1994, see reg. 1(1)

RegistrationU.K.

82.—(1) [F121Subject to the relevant provisions of the sanctions regulations, where] the Registrar is satisfied in respect of an application:—

(a)that the ship has been duly carved and marked, and

(b)that, where required, the appropriate certificate of survey has been provided, and

(c)that the other requirements preliminary to registration have been complied with,

he shall enter in the Register the details prescribed in Schedule 4.

(2) Upon registering a ship the Registrar shall issue and send to the charterer a certificate of bareboat charter [F122registry] containing the particulars set out in Schedule 5.

(3) Upon registering a ship the Registrar shall retain in his possession a copy of the charter, a copy of any certificate of survey and [F123copies of] all declarations of eligibility, and if applicable [F123copies of] any declarations required by regulation 24 (Applications by bodies corporate).

(4) Notwithstanding that a ship is otherwise entitled to be registered, the Registrar may refuse to register it if, taking into account any requirements of the Merchant Shipping Acts (including any instrument made under them) relating to the condition of the ship or its equipment so far as relevant to its safety or to any risk of pollution or to the safety, health and welfare of persons employed or engaged in any capacity on board the ship, he considers that it would be inappropriate for the ship to be registered.

Textual Amendments

Commencement Information

I82Reg. 82 in force at 21.3.1994, see reg. 1(1)

Period of registrationU.K.

83.—(1) The registration of a bareboat charter ship shall expire:—

(a)on the expiry of the charter period, or

(b)at the end of a period of 5 years beginning with the date of registration specified in the certificate of bareboat charter [F124registry],

whichever is the earlier.

(2) 3 months before the expiry of the registration period the Registrar shall issue to the charterer of the ship a renewal notice.

(3) Application for renewal of registration may be made during the last three calendar months of the current registration period.

(4) Application for renewal shall be in a form approved by the Secretary of State and shall be accompanied by a declaration of eligibility and by the certificate of bareboat charter [F125registry].

Textual Amendments

Commencement Information

I83Reg. 83 in force at 21.3.1994, see reg. 1(1)

Notification of changesU.K.

84.—(1) If at any time there occurs, in relation to a bareboat charter ship any change affecting the eligibility of the ship to be registered, the charterer of the ship shall, as soon as practicable after the change occurs, notify the Registrar.

(2) Notification made under paragraph (1) shall be made in writing, shall be signed by the charterer and shall specify the nature of the change and the name and the identifying number of the ship.

(3) Any person who contravenes paragraph (1) shall be guilty of an offence.

Commencement Information

I84Reg. 84 in force at 21.3.1994, see reg. 1(1)

Application of other regulations to this PartU.K.

85.  Regulations 51 (Change in registered particulars of ship), 52 (Change of name), 53 (Transfer of port of choice) and 54 (Re-marking of ship) shall apply to this Part [F126as if any reference in them to the owner was a reference to the charterer].

Textual Amendments

Commencement Information

I85Reg. 85 in force at 21.3.1994, see reg. 1(1)

Notification to foreign registries by RegistrarU.K.

86.  The Registrar shall notify the responsible authority for registration of ships in the country of primary registration when:—

(a)the ship has been registered as a bareboat charter ship on the British Register, or

(b)the ship’s registration has closed by reason of the expiry of the certificate of registry under regulation 83(1)(b) (Period of registration), or

(c)the ship’s registration has been closed by the Registrar by reason of regulation 87 (Closure of bareboat charter ship’s registration by the Registrar).

Commencement Information

I86Reg. 86 in force at 21.3.1994, see reg. 1(1)

Closure of bareboat charter ship’s registration by the RegistrarU.K.

87.—(1) The Registrar may, subject to regulation 101 (Service of notices), close the registration of a bareboat charter ship:—

(a)on application by the charterer;

(b)on the ship no longer being eligible to be registered;

[F127(ba)on determining that, at the time of registration, the ship was not eligible to be registered;

(bb)on receipt of a termination direction relating to the ship;]

(c)on the ship being destroyed (which includes, but is not limited to, shipwreck, demolition, fire and sinking);

(d)if, taking into account any requirement of the Merchant Shipping Acts (including any instrument made under them) relating to the condition of the ship or its equipment so far as it is relevant to its safety or to any risk of pollution or to the safety, health and welfare of persons employed or engaged in any capacity on board the ship, he considers that it would be inappropriate for the ship to remain registered.

[F128(e)if the bareboat charter ship is a fishing vessel which requires a licence to fish but at the time of registration did not have such a licence and has not acquired such a licence within 6 months of the issue of its certificate of bareboat charter registry.]

[F129(f)where the charterer of a fishing vessel fails to respond to the Registrar within 15 days of a request from him to supply information concerning details on the Register;

(g)where the charterer of a fishing vessel supplies information requested by the Registrar, but that information is either false or incorrect or is reasonably considered by the Registrar to be insufficient;

(h)where under regulation 84 the charterer is required to notify the Registrar, and has not done so;

(i)where under regulation 51 as applied by regulation 85 a person is required to make an application, and has not done so; or

(j)where a fishing vessel certificate has expired.]

(2) On closure of a ship’s registration under paragraph (1) the charterer shall forthwith surrender to the Registrar the certificate of bareboat charter [F130registry] for cancellation.

Textual Amendments

Commencement Information

I87Reg. 87 in force at 21.3.1994, see reg. 1(1)

[F131PART 10AU.K.BAREBOAT CHARTER-OUT

Textual Amendments

Suspension from the RegisterU.K.

87A.—(1) This Part provides for the suspension of the registration of a ship.

(2) Where the registration of a ship has been suspended in accordance with this Part, the ship is not registered under Part II of the Act.

(3) Where the registration of a ship is suspended, the Registrar shall mark the entry in the Register relating to that ship as suspended.

(4) The registration of a ship which is suspended may be restored under regulation 87L.

(5) Notwithstanding the suspension of the registration of the ship, the entry relating to a ship in the Register may be removed from the Register under regulation 87M.

Suspension under a Certificate of PermissionU.K.

87B.  The registration of a ship is suspended if the Registrar has issued a certificate of permission under regulation 87D and has not, after the issue of that certificate of permission, either restored the registration of the ship under regulation 87L or removed the entry relating to the ship from the Register under regulation 87M.

Application for Certificate of PermissionU.K.

87C.—(1) An owner of a ship who intends to agree, or has agreed, a charter-party that requires the ship to be registered outside the United Kingdom during the period of the charter-party may apply for a certificate of permission.

(2) An application for a certificate of permission must be in a form approved by the Secretary of State, and must include, or be accompanied by—

(a)the ship’s name and official number;

(b)the written consent of all owners;

(c)the written consent of all mortgagees of mortgages registered in respect of the ship under Part VII;

(d)a copy of the charter-party;

(e)the names of the bareboat charterers;

(f)the name of the registry that the ship will be chartered to; and

(g)subject to regulation 111, the certificate of registry.

Conditions for Certificate of PermissionU.K.

87D.—(1) The Registrar must issue a certificate of permission where the Registrar is satisfied that the conditions in paragraph (2) and the marking requirement in paragraph (3) are met.

(2) The conditions are—

(a)that the ship is currently registered on Part I of the Register;

(b)that all owners consent;

(c)that all mortgagees of mortgages registered in respect of the ship under Part VII consent;

(d)that a charter-party has been agreed in respect of the ship, and

(e)that the charter-party requires that the ship be registered on an approved register.

(3) The marking requirement is that the marking of the ship has been removed and written confirmation of that removal has been sent to the Registrar pursuant to regulation 113.

(4) For the purposes of paragraph (2), an ‘approved register’ is a register of—

(a)an EEA state;

(b)a Commonwealth state; or

(c)a country listed in Schedule 6.

Removal of MarkingU.K.

87E.—(1) Where the Registrar is satisfied in respect of an application that the conditions in regulation 87D(2) are met, the Registrar must issue a marks removal note.

(2) The effect of a valid marks removal note in respect of a ship is that the ship is not required to be marked under these Regulations.

(3) A marks removal note is valid for a period of six weeks from the date it is issued, unless extended under paragraph (4)(a).

(4) If the Registrar is not satisfied that the marking requirement in regulation 87D(3) is met before the end of the period of validity of the marks removal note, the Registrar must either—

(a)extend, or further extend, the period of validity of the marks removal note; or

(b)treat the application for a certificate of permission as withdrawn at the end of the period of validity of the marks removal note.

(5) The Registrar may extend the period of validity of a marks removal notice pursuant to paragraph 4(a) notwithstanding that the Registrar has previously extended the period in respect of that marks removal note.

Format and Duration of CertificateU.K.

87F.—(1) A certificate of permission must be in a form approved by the Secretary of State, and must state—

(a)the name of the ship;

(b)the names of the owners;

(c)the names of the bareboat charterers;

(d)the date and duration of the charter-party;

(e)the name of the register in which the ship is to be registered;

(f)the date of expiry of the certificate of permission; and

(g)that, for the period of the certificate of permission, the ship is not a United Kingdom ship and has no right to fly the flag of the United Kingdom.

(2) Unless renewed under regulation 87H, cancelled under regulation 87J or revoked under regulation 87K, a certificate of permission is valid for a period of 5 years, beginning with the date of issue of that certificate.

Cancellation of Certificate of RegistryU.K.

87G.  Upon issuing a certificate of permission, the Registrar must record in the Register the period of validity remaining in respect of the certificate of registry, and then cancel the certificate of registry.

Renewal of Certificate of PermissionU.K.

87H.—(1) An application for renewal of a certificate of permission must be in a form approved by the Secretary of State, and must include or be accompanied by the information and documents specified in regulation 87C, and, subject to regulation 111, the current certificate of permission.

(2) The Registrar must renew a certificate of permission where the Registrar is satisfied that the conditions in sub-paragraphs (b) to (e) of regulation 87D(2) are satisfied.

(3) Where the Registrar renews a certificate of permission, the Registrar must issue a new certificate of permission, and cancel the previous certificate of permission.

Amendment of Certificate of PermissionU.K.

87I.—(1) An application for amendment of a certificate of permission must—

(a)be made in writing,

(b)specify the details on the certificate of permission that are to be amended, and

(c)subject to regulation 111, be accompanied by the current certificate of permission.

(2) The Registrar must accept an application for amendment if the Registrar is satisfied that the particulars furnished to the Registrar are correct and any relevant conditions in paragraph (3) are met.

(3) The conditions are—

(a)in respect of an application to amend the ship’s name, that the ship’s name would comply with Schedule 1 if an application were made to approve the name by a ship registered under Part II of the Act;

(b)in respect of an application to amend the names of the owners of the ship—

(i)that the Registrar is satisfied that the ship retains a British connection; and

(ii)that the transfer of ownership—

(aa)was effected by a bill of sale in a form approved by the Secretary of State with appropriate attestation, containing a description of the ship sufficient to identify it, and that the bill of sale, or a copy thereof, has been provided to the Registrar;

(ab)was consequent on death, and the grant of representation or a copy thereof or of an extract therefrom has been provided to the Registrar;

(ac)was consequent on bankruptcy, and evidence of proof of title of persons claiming under bankruptcy has been provided to the Registrar; or

(ad)was consequent on an order of a court, and a copy of the order or judgment of that court has been provided to the Registrar;

(c)in respect of an application to amend the register where the ship may be registered, that that register is an approved register.

(4) Where the Registrar accepts an application to amend a certificate of permission, the Registrar must issue an amended certificate of permission with the amended details, and cancel the previous certificate of permission.

(5) Notwithstanding the suspension of the entry, where an amended certificate of permission issued under paragraph (4) contains details which are different from those recorded in the entry in the Register in respect of the ship, the Registrar must amend the Register accordingly.

(6) Where the Registrar refuses an application to amend a certificate of permission, the Registrar must consider whether to revoke the certificate of permission.

CancellationU.K.

87J.—(1) An application to cancel a certificate of permission must—

(a)be in a form approved by the Secretary of State,

(b)include the written consent of all owners, and

(c)subject to regulation 111, must be accompanied by the certificate of permission.

(2) Upon receipt of a valid application under paragraph (1), the Registrar must cancel the certificate of permission.

RevocationU.K.

87K.—(1) Subject to regulation 101, the Registrar may revoke a certificate of permission where the Registrar is satisfied that—

(a)if the registration of the ship were not suspended, the Registrar would terminate the ship’s registration under regulation 56(1)(a), [F132(ab),] (b), (c), (d) or (g);

(b)the details recorded on the certificate of permission are not correct, and an application to amend the certificate of permission has not been made in a reasonable period;

(c)the ship has been flying the British flag, or

(d)the ship has been displaying a UK port of choice.

(2) For the purposes of paragraph (1)(a), when considering if the Registrar would terminate the ship’s registration under regulation 56(1)(d), the Registrar must take into account the requirements of the Merchant Shipping Acts (including any instrument made under them) as they would apply to the ship if the registration of the ship were not suspended.

(3) Where the Registrar revokes a certificate of permission, the Registrar must notify the owner.

Textual Amendments

Restoration of RegistrationU.K.

87L.—(1) Where a certificate of permission—

(a)has expired without being renewed,

(b)has been cancelled under regulation 87J, or

(c)has been revoked under regulation 87K, and the Registrar has not removed the ship from the Register under regulation 87M,

the Registrar must issue a carving and marking note.

(2) On receipt of a carving and marking note, the owner must cause the ship to be carved and marked in accordance with Schedule 3, and, if required under regulation 33, cause the ship’s carving and marking to be inspected by an inspector of marks.

(3) If a carving and marking note issued under paragraph (1) is not duly completed and returned to the Registrar within 3 months of its issue, the Registrar may cancel it and proceed to remove the entry relating to the ship from the Register under regulation 87M(1).

(4) Where the Registrar is satisfied that the ship has been duly carved and marked, the Registrar must restore the registration of the ship by removing the marking of suspension in respect of the ship in the Register.

(5) Upon restoring the registration of the ship under paragraph (4), the Registrar must issue and send to the owner a certificate of registry.

(6) The registration of a ship restored under paragraph (4) shall be valid for the period of validity recorded in the Register pursuant to regulation 87G, beginning with the date of restoration specified in the certificate of registry, and shall expire at the end of that period unless it is renewed in accordance with regulation 42.

Removal of an Entry Relating to a Suspended Ship from the RegisterU.K.

87M.—(1) The Registrar may remove an entry from the Register where—

(a)the Registrar has revoked a certificate of permission under regulation 87K(1)(a);

(b)the Registrar has revoked a certificate of permission under regulation 87K(1)(b), (c) or (d); or

(c)the Registrar has cancelled a carving and marking note under regulation 87L(3).

(2) Where the Registrar removes the entry relating to the ship from the Register, the Registrar must issue a closure transcript and notify any mortgagees of the removal of the entry from the Register.]

PART XIU.K.REGISTRATION OF SMALL SHIPS

Qualification and entitlement to be registered as a small ship on Part III of the RegisterU.K.

88.  To be eligible to be registered on Part III of the Register a ship must be a small ship other than:—

(a)a fishing vessel, or

(b)a submersible vessel.

Modifications etc. (not altering text)

Commencement Information

I88Reg. 88 in force at 21.3.1994, see reg. 1(1)

Persons qualified to be the owners of a small ship to be registered on Part III of the RegisterU.K.

89.  The following persons are entitled to be the owners of a small ship to be registered on Part III of the Register:—

[F133(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 are British subjects;

(e)persons who under the Hong Kong (British Nationality) Order 1986 are British Nationals (Overseas); F134...

(f)Commonwealth citizens not falling within those paragraphs [F135; and

(g)non-United Kingdom nationals who are settled in the United Kingdom]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I89Reg. 89 in force at 21.3.1994, see reg. 1(1)

British connectionU.K.

90.  Subject to [F136the relevant provisions of the sanctions regulations and] regulation 93(2) (Details to be registered and refusal) a small ship shall be entitled to be registered if it is owned by one or more persons who are ordinarily resident in the United Kingdom and who are qualified to be the owners of a small ship by virtue of regulation 89 (Persons qualified to be the owners of a small ship to be registered on Part III of the Register).

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I90Reg. 90 in force at 21.3.1994, see reg. 1(1)

Disapplication of Schedule I to the Act in respect of small shipsU.K.

91.  Schedule I to the Act relating to the private law provisions (Transfers by bill of sale and the registration of mortgages) shall not apply to small ships.

Modifications etc. (not altering text)

Commencement Information

I91Reg. 91 in force at 21.3.1994, see reg. 1(1)

ApplicationsU.K.

92.  Applications shall be in a form approved by the Secretary of State and shall include:—

(a)a description of the ship;

(b)the overall length of the ship;

(c)the name of the ship;

[F137(ca)confirmation that the ship is not a sanctioned ship;]

(d)the name and address of every owner of the ship; and

(e)a declaration by every owner:—

(i)that he is eligible to be the owner of a small ship under regulation 89 (Persons qualified to be the owners of a small ship to be registered on Part III of the Register), and

(ii)that the ship is entitled to be registered on Part III of the Register in accordance with regulation 90 (British connection).

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I92Reg. 92 in force at 21.3.1994, see reg. 1(1)

Details to be registered and refusalU.K.

93.—(1) [F138Subject to the relevant provisions of the sanctions regulations, on receiving] an application for registration and being satisfied that the ship may properly be registered and that the name of the ship does not appear to him to be undesirable, the Registrar shall register the ship and shall record in the Register the following details:—

(a)the registration number of the ship;

(b)the date of registration;

(c)the date of expiry of registration in accordance with regulation 96 (Period of registration); and

(d)the details specified in regulation 92(a) to (d).

(2) Where the Registrar is not satisfied that the ship is eligible to be registered on this Part of the Register, he may, subject to regulation 106 (Requirement for supplementary information), refuse to register the ship.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I93Reg. 93 in force at 21.3.1994, see reg. 1(1)

Certificate of registryU.K.

94.  On registration the Registrar shall issue a certificate which shall contain the details recorded in the Register in accordance with regulation 93 (Details to be registered and refusal) save for the address of any owner.

Modifications etc. (not altering text)

Commencement Information

I94Reg. 94 in force at 21.3.1994, see reg. 1(1)

MarkingU.K.

95.   The person registered as owner of the ship shall ensure that:—

(a)within one month of the date on which the registration of the ship takes effect there is clearly painted on or affixed to a visible external surface of the ship the number of its registration preceded by the letters SSR, and

(b)such marking is effectively maintained and renewed when necessary during the period of the registration of the ship.

Modifications etc. (not altering text)

Commencement Information

I95Reg. 95 in force at 21.3.1994, see reg. 1(1)

Period of registrationU.K.

96.  The registration of a ship under this Part shall, unless terminated under these Regulations, be valid for a period of 5 years beginning with the date of registration specified in the certificate of registry and shall expire at the end of that period unless it is renewed under regulation 97 (Renewal).

Modifications etc. (not altering text)

Commencement Information

I96Reg. 96 in force at 21.3.1994, see reg. 1(1)

RenewalU.K.

97.—(1) Application for renewal of registration may be made during the last 3 calendar months of the current registration period.

(2) Application for renewal shall be in writing and be accompanied by a declaration as required by regulation 92(e) (Applications).

Modifications etc. (not altering text)

Commencement Information

I97Reg. 97 in force at 21.3.1994, see reg. 1(1)

Notification of changes of ownership etc.U.K.

98.—(1) If at any time there occurs, in relation to a ship registered under this Part:—

(a)any change affecting the eligibility of the ship to be registered as a British ship, or

(b)any change in relation to the address of the registered owner of the ship, or

(c)any [F139change in] details relating to the ship,

the registered owner of the ship shall, as soon as practicable after the change occurs, notify the Registrar.

(2) Notification made under paragraph (1) shall be in writing, shall be signed by the registered owner and shall specify the nature of the change and the name and the number of the ship.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I98Reg. 98 in force at 21.3.1994, see reg. 1(1)

Supplementary information-production of shipU.K.

99.—(1) Where it appears to the Registrar that there is any doubt as to the right of the ship to be registered on Part III of the Register, he may require satisfactory evidence to be produced by the person registered as the owner that the ship is entitled to be so registered.

(2) Such evidence may include the production of the ship for inspection at a place and under such conditions as the Registrar requires; and, if the necessary evidence is not provided within [F1401 month] of being so required, he may terminate the registration of the ship.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I99Reg. 99 in force at 21.3.1994, see reg. 1(1)

Termination of registrationU.K.

100.—(1) In the event of:—

(a)a ship ceasing to be a ship to which this Part applies, or

(b)a change in the details recorded on the certificate of registry,

the registration of the ship shall terminate.

(2) Where the registration of a ship is terminated, the certificate of registry shall cease to have effect and shall, within one month, be surrendered to the Registrar by the person registered prior to the termination as the owner of the ship or, if he has died, by his legal personal representative.

Modifications etc. (not altering text)

Commencement Information

I100Reg. 100 in force at 21.3.1994, see reg. 1(1)

PART XIIU.K.MISCELLANEOUS

Service of noticesU.K.

101.—(1) Where it appears to the Registrar that [F141regulation 56(1)(aa), [F142(ab),] (b)], (d), (e), (f), (g) [F143(h), (i), (j), (k), (l), (m) or (n)] (Removal from the Register) or [F14487(1)(b), [F145(ba),] [F146(d), (e), (f), (g), (h), (i) or (j)]] (Closure of bareboat charter ship’s registration by the Registrar) [F147or 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 [F148or 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 [F149or revokes its certificate of permission], such closure [F150or 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

I101Reg. 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

I102Reg. 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

I103Reg. 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

I104Reg. 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

I105Reg. 105 in force at 21.3.1994, see reg. 1(1)

[F151Copies 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.

[F152106.  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

I106Reg. 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

I107Reg. 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 [F153or 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 [F153or 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 [F154authorise the appropriate person to issue a provisional certificate, endorsed with a statement of the circumstances under which it is granted.] F155...

(5) The F156... 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

I108Reg. 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

I109Reg. 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

I110Reg. 110 in force at 21.3.1994, see reg. 1(1)

Dispensing with production of certificateU.K.

111.  Where a certificate of registry [F157or 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

I111Reg. 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) [F158shall each be] a ‘document relating to a boat’ for the purposes of section 8(3)(b) of the Sea Fisheries Act 1968(10) and as such must at all times be carried on board the vessel.

Textual Amendments

Commencement Information

I112Reg. 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 [F159, 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

I113Reg. 113 in force at 21.3.1994, see reg. 1(1)

[F160Transfers 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 [F161provided 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

[F162ReviewU.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

PART XIIIU.K.OFFENCES

OffencesU.K.

114.—(1) Any person who, with intent to deceive, uses or lends or allows to be used by another, a certificate of registry whether in force or not, commits an offence.

(2) It shall be an offence on the part of the owner or master of a registered ship if any of the marks required by these Regulations to be marked on a ship is effaced, altered, allowed to become illegible, covered or concealed.

(3) It shall be a defence for a person charged with an offence under paragraph (2) of this regulation to prove:—

(a)that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence, or

(b)that the effacing, alteration, covering or concealing of the marking was for the purpose of escaping capture by an enemy.

(4) Any person who fails, without reasonable cause to surrender a certificate of registry when required to do so by regulation 108 (Duplicate certificates), 109 (Custody of certificate) or 110 (Surrender of certificate on termination or expiry of registration) commits an offence.

(5) Any person who in connection with the registration of a ship knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence.

(6) Any person who intentionally alters, suppresses, conceals or destroys a document which he has been required by these Regulations to produce to the Registrar shall be guilty of an offence.

(7) The offences specified in regulations [F16329A,] 49 and 84 (Notification of changes) and in paragraphs (1), (4), (5) and (6) of this regulation shall be punishable on summary conviction as follows:—

(a)for an offence under regulation [F16329A,] 49 or 84 or paragraph (1), [F164(5) or (6)] of this regulation, with a fine not exceeding level 5 on the standard scale, and

(b)for an offence under paragraph (4) with a fine not exceeding level 3 on the standard scale.

(8) An offence under paragraph (2) shall be punishable as follows:—

(i)on conviction on indictment to a fine,

(ii)on summary conviction to a fine not exceeding the statutory maximum.

[F165(9) The offences specified in regulations 50 and 51 (notification of changes or making of applications), including regulation 51 as applied by regulation 85, shall be punishable on summary conviction with a fine not exceeding level 5 on the standard scale.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I114Reg. 114 in force at 21.3.1994, see reg. 1(1)

PART XIVU.K.TRANSITIONALS

Definitions for this PartU.K.

115.  For the purposes of this Part,

  • F166...

  • ‘new certificate’ means a certificate of registry issued in accordance with these Regulations;

  • ‘old certificate’ means any certificate of registry, other than a provisional certificate, issued under:—

    (i)

    the Merchant Shipping Act 1894;

    (ii)

    the Merchant Shipping Act 1983; or

    (iii)

    the Merchant Shipping Act 1988.

  • [F167“transitional period” in relation to a ship means the period commencing on 21st March 1994 and ending on the date of expiry of the certificate which is specified in relation to such a ship in the table in regulation 116.]

Textual Amendments

Commencement Information

I115Reg. 115 in force at 21.3.1994, see reg. 1(1)

Validity of old certificatesU.K.

[F168116.  Subject to regulation 116A an old certificate shall remain in force until either:

(a)a new certificate is issued under these Regulations; or

(b)the certificate has expired, in accordance with the following table:

Age of shipDate of expiry of certificate
Registered ships (other than those on Part II (fishing vessels) and Part III (small ships) with a year of build before:
1st January 195031st March 1999
1st January 197031st March 2000
1st January 197531st March 2001
1st January 198931st March 2002
20th March 199431st March 2003

whichever shall be the earlier.]

Textual Amendments

Commencement Information

I116Reg. 116 in force at 21.3.1994, see reg. 1(1)

[F169Continuation in force of old certificatesU.K.

116A.  Notwithstanding regulation 116, an old certificate shall remain in force beyond the transitional period if–

(a)an application to renew the certificate has been correctly made in accordance with regulation 42 above; and

(b)the Registrar has not issued a new certificate by the date of expiry of the transitional period,

but any new certificate shall commence at that date.]

Textual Amendments

Registered informationU.K.

117.  Schedules 4 and 5 shall not apply to any ship until a new certificate of registry is issued in respect of that ship.

Commencement Information

I117Reg. 117 in force at 21.3.1994, see reg. 1(1)

Issue of new certificates of registryU.K.

118.—(1) Notwithstanding regulations 51 (Change in registered particulars of ship) and 55 (Registration of changes of name or port of choice) any certificate of registry of a ship, other than a fishing vessel, which:—

(a)is issued during the [F170transitional period], and

(b)replaces an old certificate of registry

shall be valid for a period of five years from the date of issue.

(2) Any duplicate certificate issued to a ship including a small ship under regulation 108 (Duplicate certificate) during the [F171transitional period] shall be a certificate issued in accordance with these Regulations and:—

(a)for ships F172..., shall be valid for a period of five years from the date of issue; and

(b)for F173... small ships shall expire on the date that the old certificate would have expired.

(3) (a) The Registrar may, subject to (b) below, during the [F174transitional period], at his discretion replace a ship’s old certificate with a new certificate of registry which shall be valid for a period of five years from the date of issue.

(b)Any such new certificate issued in respect of a fishing vessel shall expire on the date that the old certificate would have expired.

Textual Amendments

Commencement Information

I118Reg. 118 in force at 21.3.1994, see reg. 1(1)

Advertisement rather than renewal noticeU.K.

119.—(1) Notwithstanding regulation 41 (Renewal notices and time limit for renewal), no renewal notice shall be issued by the Registrar when old certificates of registry are due to expire at the end of the [F175transitional period] under regulation 116(b) (Validity of old certificates).

[F176(2) At least 4 months before the expiry of each date mentioned in column 2 in the table in regulation 116 or, in the case of the first entry, as soon as practicable after the coming into force of these Regulations, the Registrar shall publicise that:

(a)all certificates of registry will expire on the specified date for ships of that year of build; and

(b)application for renewal must be made in accordance with regulations 41 and 42 above.]

Textual Amendments

Commencement Information

I119Reg. 119 in force at 21.3.1994, see reg. 1(1)

Applications for registration made before commencement of these RegulationsU.K.

120.—(1) Subject to paragraph (2) any application for registration of a ship or small ship which is made, [F177but in respect of which registration was not effected], prior to the commencement of these Regulations shall be completed in accordance with these regulations.

(2) Where:—

(a)an application for registration of a ship or small ship is made, [F178but in respect of which registration was not effected], prior to the commencement of these regulations, and

(b)[F179the provisions of these Regulations] would render the ship or small ship ineligible for registration,

then the application shall be determined in accordance with the relevant legislation under which the application was made.

(3) An application shall be deemed to have been made when a properly completed application, accompanied by the proper fee, is received by a registrar of British ships in a port of registration.

(4) Where, for any reason the fee is not a proper and valid fee, or where the cheque used to pay a fee is returned by the bank on which it is drawn, then the application shall not be deemed to have been made.

(5) Any certificate of registry which is issued in accordance with this regulation shall be valid for a period of five years and shall contain the information contained in Schedule 5.

Textual Amendments

Commencement Information

I120Reg. 120 in force at 21.3.1994, see reg. 1(1)

Managing owners for fishing vesselsU.K.

F180121.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART XVU.K.SUPPLEMENTARY

122.  Any reference in any Act other than the Act or in any other instrument made under any such other Act to the port of registration of the ship or the port to which the ship belongs shall be construed as a reference to the port of choice required to be marked by regulations 31, 53, 72 or 79.U.K.

Commencement Information

I121Reg. 122 in force at 21.3.1994, see reg. 1(1)

Signed by authority of the Secretary of State

Caithness

Minister of State,

Department of Transport

Regulations 30, 52, 72 and 78

SCHEDULE 1U.K.APPROVAL OF NAMES

1.  Every application to the Registrar to approve a name shall specify a name which is in Roman letters; any numerals shall be in Roman or [F181Arabic numerals].U.K.

Textual Amendments

Commencement Information

I122Sch. 1 para. 1 in force at 21.3.1994, see reg. 1(1)

2.  In respect of an application to register a ship, other than a fishing vessel, on Parts I or IV of the Register, the Registrar shall not approve the proposed name if it is:—U.K.

(a)already the name of a registered British ship, or

(b)a name so similar to that of a registered British ship as to be calculated to deceive or likely to confuse;

(c)a name which may be confused with a distress signal;

(d)a name which is prefixed by any letters or name which could be taken to indicate a type of ship or any other word, pre-fix or suffix which might cause confusion as to the name of the ship.

Commencement Information

I123Sch. 1 para. 2 in force at 21.3.1994, see reg. 1(1)

3.  In respect of an application to register a fishing vessel on Parts II or IV of the Register, the Registrar shall not approve the proposed name in it is:—U.K.

(a)already the name of a vessel in its port of choice, or

(b)a name so similar to that of a registered British fishing vessel in its port of choice as to be calculated to deceive or likely to confuse;

(c)a name which may be confused with a distress signal;

(d)a name which is prefixed by any letters or name which could be taken to indicate a type of ship or any other word, pre-fix or suffix which might cause confusion as to the name of the ship.

Commencement Information

I124Sch. 1 para. 3 in force at 21.3.1994, see reg. 1(1)

4.  Subject to paragraph 5 below, if the Registrar is satisfied that a name does not fall within 2(a) to (d) or 3(a) to (d) he shall notify the applicant in writing that the name is approved and the ship may be registered with that name.U.K.

Commencement Information

I125Sch. 1 para. 4 in force at 21.3.1994, see reg. 1(1)

5.  Notwithstanding that the Registrar is satisfied as to paragraphs 2 or 3 he may refuse to approve a name—U.K.

(a)which might cause offence or embarrassment;

(b)which has a clear and direct connection with the Royal family;

Commencement Information

I126Sch. 1 para. 5 in force at 21.3.1994, see reg. 1(1)

6.  Any approval given under paragraphs 2 or 3 shall be valid only for the period of 3 months beginning with the date it is notified to the applicant.U.K.

Commencement Information

I127Sch. 1 para. 6 in force at 21.3.1994, see reg. 1(1)

7.  If the Registrar is not so satisfied he shall notify the applicant accordingly.U.K.

Commencement Information

I128Sch. 1 para. 7 in force at 21.3.1994, see reg. 1(1)

8.  Notwithstanding paragraph 6, the Registrar may allow the reservation of a ship’s name or designation for a period of 10 years if he is satisfied that:—U.K.

(a)the ship is intended to replace another of the same name which is to be registered within 10 years of the date of the application, and

(b)the applicant is the owner of a registered ship with the same name as that which is to be reserved and its British registration will be closed before the registration of the new vessel, or

(c)the applicant is the owner of a registered ship with the same name as that which is to be reserved and it will be sold before the registration of the new vessel on condition that it changes its name and that its name is so changed.

Commencement Information

I129Sch. 1 para. 8 in force at 21.3.1994, see reg. 1(1)

9.  Applications for a reservation under paragraph 8 must be accompanied by a full statement of the circumstances of the case.U.K.

Commencement Information

I130Sch. 1 para. 9 in force at 21.3.1994, see reg. 1(1)

10.  Where a ship having once been registered has ceased to be registered, no person (unless ignorant of the previous registration, 9 (proof whereof will lie on him) shall apply for registration of the ship other than by the name by which it was previously registered except with the written permission of the Registrar.U.K.

Commencement Information

I131Sch. 1 para. 10 in force at 21.3.1994, see reg. 1(1)

Regulations 31, 72 and 79

SCHEDULE 2U.K.

PART IU.K.PORTS OF CHOICE FOR SHIPS TO BE REGISTERED ON PART I OF THE REGISTER

Commencement Information

I132Sch. 2 Pt. I in force at 21.3.1994, see reg. 1(1)

  • ABERDEEN

  • ABERYSTWYTH

  • ALLOA

  • ARBROATH

  • ARDROSSSAN

  • AYR

  • BANFF

  • BARNSTAPLE

  • BARROW

  • BEAUMARIS

  • BELFAST

  • BERWICK-ON-TWEED

  • BIDEFORD

  • BLYTH

  • BORROWSTONESS

  • BOSTON

  • BRIDGWATER

  • BRISTOL

  • BRIXHAM

  • BUCKIE

  • BURNTISLAND

  • CAERNARVON

  • CAMPBELTOWN

  • CARDIFF

  • CARDIGAN

  • CHESTER

  • COLCHESTER

  • COLERAINE

  • COWES

  • DARTMOUTH

  • DOVER

  • DUMFRIES

  • DUNDEE

  • EXETER

  • FALMOUTH

  • FAVERSHAM

  • FELIXSTOWE

  • [F182FISHGUARD]

  • FLEETWOOD

  • FOLKESTONE

  • FOWEY

  • FRASERBURGH

  • GLASGOW

  • GLOUCESTER

  • GOOLE

  • GRANGEMOUTH

  • GRANTON

  • GREAT YARMOUTH

  • GREENOCK

  • GRIMSBY

  • HARTLEPOOL

  • HARTLEPOOL WEST

  • HARWICH

  • HULL

  • INVERNESS

  • IPSWICH

  • IRVINE

  • KING'S LYNN

  • KIRKCALDY

  • KIRKWALL

  • LANCASTER

  • LEITH

  • LERWICK

  • LITTLEHAMPTON

  • LIVERPOOL

  • LLANELLI

  • LONDON

  • LONDONDERRY

  • LOWESTOFT

  • MALDON

  • MANCHESTER

  • MARYPORT

  • METHIL

  • MIDDLESBROUGH

  • MILFORD HAVEN

  • MONTROSE

  • NEWCASTLE

  • NEWHAVEN

  • NEWPORT

  • NEWRY

  • NORTH SHIELDS

  • PADSTOW

  • PENZANCE

  • PETERHEAD

  • PLYMOUTH

  • POOLE

  • [F183PORTLAND]

  • PORT TALBOT

  • PORTSMOUTH

  • PRESTON

  • RAMSGATE

  • ROCHESTER

  • RUNCORN

  • RYE

  • SALCOMBE

  • SCARBOROUGH

  • SCILLY

  • SHOREHAM

  • SOUTH SHIELDS

  • SOUTHAMPTON

  • ST IVES

  • STOCKTON

  • STORNOWAY

  • STRANRAER

  • SUNDERLAND

  • SWANSEA

  • TEIGNMOUTH

  • TROON

  • TRURO

  • WEYMOUTH

  • WHITBY

  • WHITEHAVEN

  • WICK

  • WIGTOWN

  • WISBECH

  • WORKINGTON

Textual Amendments

PART 2U.K.PORTS FOR SHIPS TO BE REGISTERED ON PART II OF THE REGISTER (FISHING VESSELS)

Commencement Information

I133Sch. 2 Pt. 2 in force at 21.3.1994, see reg. 1(1)

[F184Port letters] and Name
AABERDEEN
ABABERYSTWYTH
AAALLOA
AHARBROATH
ADARDROSSAN
ARAYR
BABALLANTRAE
BFBANFF
BEBARNSTAPLE
BWBARROW
BSBEAUMARIS
BBELFAST
BKBERWICK-ON-TWEED
BDBIDEFORD
BHBLYTH
BOBORROWSTONESS
BNBOSTON
BRBRIDGWATER
BLBRISTOL
BMBRIXHAM
BRD BROADFORD
BCK BUCKIE
BUBURNTISLAND
COCAERNARVON
CNCAMPBELTOWN
CFCARDIFF
CACARDIGAN
CLCARLISLE
CYCASTLEBAY, BARRA
CHCHESTER
CKCOLCHESTER
CECOLERAINE
CSCOWES
DHDARTMOUTH
DRDOVER
DSDUMFRIES
DEDUNDEE
EEXETER
FHFALMOUTH
FFAVERSHAM
FDFLEETWOOD
FEFOLKESTONE
FYFOWEY
FRFRASERBURGH
GWGLASGOW
GRGLOUCESTER
GEGOOLE
GHGRANGEMOUTH
GNGRANTON
YHGREAT YARMOUTH
GKGREENOCK
GYGRIMSBY
HLHARTLEPOOL
HHHARWICH
HHULL
INS INVERNESS
IHIPSWICH
IEIRVINE
LNKING'S LYNN
KYKIRKCALDY
KKIRKWALL
LRLANCASTER
LHLEITH
LKLERWICK
LILITTLEHAMPTON
LLLIVERPOOL
LALLANELLI
LOLONDON
LYLONDONDERRY
LTLOWESTOFT
MNMALDON
MRMANCHESTER
MTMARYPORT
MLMETHIL
MHMIDDLESBROUGH
MMILFORD HAVEN
NTNEWPORT, GWENT
NNEWRY
OBOBAN
MEMONTROSE
NENEWCASTLE
NNNEWHAVEN
PWPADSTOW
PZPENZANCE
PDPETERHEAD
PHPLYMOUTH
PEPOOLE
[F185PO PORTLAND]
PPORTSMOUTH
PTPORT TALBOT
PNPRESTON
RRAMSGATE
RR ROCHESTER
ROROTHESAY
RNRUNCORN
RXRYE
SSST. IVES
SESALCOMBE
SHSCARBOROUGH
SCSCILLY
SNSHIELDS, NORTH
SSS SHIELDS, SOUTH
SMSHOREHAM
SUSOUTHAMPTON
STSTOCKTON
SYSTORNOWAY
SRSTRANRAER
SDSUNDERLAND
SASWANSEA
TTTARBERT, LOCH FYNE
THTEIGNMOUTH
TNTROON
TOTRURO
ULULLAPOOL
WHWEYMOUTH
WYWHITBY
WKWICK
WNWIGTOWN
WAWHITEHAVEN
WIWISBECH
WOWORKINGTON

Textual Amendments

Regulations 32, 34, 54 and 80

SCHEDULE 3U.K.CARVING AND MARKING

1.  Every ship is required, before it may be registered, to be marked permanently and conspicuously to the satisfaction of the Registrar in accordance with this Schedule.U.K.

Commencement Information

I134Sch. 3 para. 1 in force at 21.3.1994, see reg. 1(1)

2.  The Secretary of State may exempt any class of ship from all or any of the requirements of this Schedule, subject to such conditions, if any, as he thinks fit.U.K.

Commencement Information

I135Sch. 3 para. 2 in force at 21.3.1994, see reg. 1(1)

3.  Subject to any exemption in respect of that class of ship, a ship other than:—U.K.

(a)a fishing vessel,

(b)a pleasure vessel which is under 24 metres,

is to be marked as follows:

(i)its name shall be marked on each of its bows, and its name and its port of choice must be marked on its stern;

(ii)the marking is to be on a dark ground in white or yellow letters, or on a light ground in black letters, the letters being not less than 10 centimetres high and of proportional breadth; and

(iii)its official number and the number denoting its registered tonnage shall be cut on its main beam or if that is not possible, marked or fixed thereon in the manner prescribed in paragraph 4(a) below.

Commencement Information

I136Sch. 3 para. 3 in force at 21.3.1994, see reg. 1(1)

4.  A pleasure vessel which is under 24 metres in length is to be marked as follows:—U.K.

(a)the official number and registered tonnage are:—

(i)to be marked on the main beam or, if there is no main beam, on a readily accessible visible permanent part of the structure of the pleasure vessel either by cutting in, centre punching or raised lettering, or

(ii)to be engraved on plates of metal, wood or plastic, secured to the main beam (or, if there is no main beam, to a readily accessible visible permanent part of the structure) with rivets, through bolts with the ends clenched), or screws with the slots removed;

(b)the name and port of choice (unless an exempted ship), are to be marked on a conspicuous and permanent part of the stern on a dark ground in white or yellow letters, or on a light ground in black letters, the letters being not less than 5 centimetres high and of proportionate breadth, or, where this is not possible by the alternative methods given below:—

(i)by engraving on plates of metal or of plastic or by cutting in on a shaped wooden chock.Where a shaped wooden chock is used it should be secured to the hull through bolts, the ends being clenched, or

(ii)by individual glass reinforced plastic letters and numbers approximately 2mm in thickness.These to be fixed to the hull with epoxy adhesive, and painted with suitable paint and coated with translucent epoxy resin;

(iii)where metal or plastic plates have been used these must be fixed by the use of epoxy adhesives.Metal or plastic plates secured by adhesives should be coated with translucent epoxy resin after they have been fixed in position.

Commencement Information

I137Sch. 3 para. 4 in force at 21.3.1994, see reg. 1(1)

5.  A fishing vessel is to be marked as follows:—U.K.

(a)The name of the vessel and the port of choice shall be painted in white on a black background or in black on a white background outside the stern of the boat in letters which shall not be less than 8 centimetres in height and 1.5 centimetres in breadth, and

(b)the port letters and the [F186port number] shall be painted or displayed on both sides of the bow and on each quarter, as high above the water as possible so as to be clearly visible from the sea and the air, in white on a black background or black on a white background;

(c)for vessels not over 17 metres in length, the height of the port letters and [F187port] number shall be at least 25 centimetres with a line thickness of at least 4 centimetres;

(d)for vessels over 17 metres in length, the height of the [F188port letters and port number] shall be at least 45 centimetres with a line thickness of at least 6 centimetres;

(e)the port letters and [F189port number] shall in addition be painted or displayed on the wheel house top or some other prominent horizontal surface;

(f)the vessel’s official number shall be carved into the main beam of the vessel or, if that is not possible, marked or fixed thereon in the manner prescribed in paragraph 4(a) above.

Textual Amendments

Commencement Information

I138Sch. 3 para. 5 in force at 21.3.1994, see reg. 1(1)

6.  A scale of decimetres, or metres and decimetres, denoting a draught of water shall be marked on a ship, other than an exempted ship, on each side of its stem and its stern post, as follows:—U.K.

(a)in figures in two-decimetre intervals, if the scale is in decimetres; and

(b)in figures at each metre interval and at intervening two-decimetre intervals, if the scale is in metres and decimetres;

the capital letter ‘M’ being placed after each metre figure; the top figure of the scale showing both the metre and (except where it marks a full metre interval) the decimetre figure; the lower line of the figures, or figures and letters (as the case may be), coinciding with the draught line denoted thereby; the figures and letters being not less than one decimetre in length and being marked by being cut in and painted white or yellow on a dark ground, or in such other way as the Secretary of State approves.

Commencement Information

I139Sch. 3 para. 6 in force at 21.3.1994, see reg. 1(1)

7.  The name of a ship shall be marked in Roman letters and any numerals shall be in Roman or [F190Arabic] numerals.U.K.

Textual Amendments

Commencement Information

I140Sch. 3 para. 7 in force at 21.3.1994, see reg. 1(1)

Regulations 36 and 82

SCHEDULE 4U.K.DETAILS TO GO ON REGISTER

1.  The following information is to be registered about each owner who is an individual:—U.K.

(a)surname, forename and title,

(b)address,

(c)nationality,

(d)number of shares owned by him, and if held jointly, with whom the shares are held,

(e)the name of the managing owner.

Commencement Information

I141Sch. 4 para. 1 in force at 21.3.1994, see reg. 1(1)

2.  The following information is to be registered about each owner which is a body corporate:—U.K.

(a)name of owner,

(b)the address of its registered office,

(c)country of incorporation,

(d)where it is a body corporate incorporated in the United Kingdom or in a relevant British possession, its principal place of business,

(e)where it is a body corporate incorporated in a member State F191..., its place of business in the United Kingdom,

(f)number of shares owned by the company, and if held jointly, with whom the shares are held.

Textual Amendments

Commencement Information

I142Sch. 4 para. 2 in force at 21.3.1994, see reg. 1(1)

3.  The following information is to be registered about:—U.K.

(a)any representative person, and

(b)in respect of fishing vessels, any charterer:—

(i)the full name of the individual or body corporate,

(ii)the address of the individual, or the place of business in the United Kingdom of the body corporate.

Commencement Information

I143Sch. 4 para. 3 in force at 21.3.1994, see reg. 1(1)

4.  The following information is to be registered about ships registered or to be registered on Part I of the Register:—U.K.

(a)name,

[F192(b)either the IMO number or the International Standards Organisation Hull Identification Number (HIN), as appropriate,]

(c)radio call sign,

(d)port of choice,

(e)official number,

(f)year of build,

(g)method of propulsion e.g. whether sail, steam, motor or dumb,

(h)where built,

(i)name and address of builders,

(j)date keel laid/when built,

(k)length-metric units,

(l)breadth-metric units,

(m)depth-metric units,

(n)type of ship e.g. dry cargo, oil tanker, passenger, bulk carrier,

(o)material used to construct hull,

[F193(p)such of the following tonnages as are specified in the certificate of survey: gross, net and registered,]

(s)make and model of engine(s),

(t)total power of engines in kilowatts.

Textual Amendments

Commencement Information

I144Sch. 4 para. 4 in force at 21.3.1994, see reg. 1(1)

5.  The following is to be registered about fishing vessels registered or to be registered on Part II of the Register:—U.K.

(a)official number F194...,

(b)IMO number,

(c)port letters and [F195port number],

(d)name,

(e)radio call sign,

(f)whether full or simple registration,

(g)material used to construct hull,

(h)name of builder,

(i)year of build,

(j)place and country of build,

(k)date of entry into service,

(l)overall length-metric units,

(m)registered length-metric units,

(n)breadth-metric units,

(o)depth-metric units,

(p)gross tonnage,

(q)net tonnage,

[F196(r)maximum continuous engine power in kilowatts, or, if the owner notifies the Registrar of a modification, permanently de-rated engine power in kilowatts,]

(s)make and model of engine.

[F197(t)number of cylinders,

(u)number of engines,

(v)number of revolutions per minute,

(w)modification explanation.]

Textual Amendments

Commencement Information

I145Sch. 4 para. 5 in force at 21.3.1994, see reg. 1(1)

6.  In addition to the information in either paragraph 4 or 5 the following is to be registered in respects of bareboat charter ships:—U.K.

(a)the name and address of the owner,

(b)the name and address of the charterer,

(c)the name and address of any representative person,

[F198(d)the unique number allocated to the ship for identification purposes by its primary register,]

(e)its country of original registration,

(f)commencement date of the charter period and its expiry date,

(g)the name by which the ship is known on the primary register (or a translation of that name).

Textual Amendments

Commencement Information

I146Sch. 4 para. 6 in force at 21.3.1994, see reg. 1(1)

Regulations 37, 82 and 121

SCHEDULE 5U.K.CERTIFICATE OF REGISTRY

1.  A certificate of registry for a ship registered or to be registered on Part I of the Register shall contain:—U.K.

(a)the full name and address of the owner(s),

(b)the number of shares owned by each owner and if any are jointly owned, with whom they are owned

(c)the following information about the ship:—

(i)name,

[F199(ii)either the IMO number or HIN number, as appropriate,]

(iii)radio call sign,

(iv)port of choice,

(v)official number,

(vi)year of build,

(vii)method of propulsion e.g.whether sail, steam, motor or dumb,

(viii)length-metric units,

(ix)breadth-metric units,

(x)depth-metric units,

(xi)type of ship e.g. dry cargo, oil tanker, passenger, bulk carrier,

[F200(xii)such of the following tonnages as are specified in the certificate of survey; gross, net and registered,]

(xv)engine make and model,

(xvi)engine power in kilowatts,

(d)the date of issue of the certificate,

(e)the date the certificate expires.

Textual Amendments

Commencement Information

I147Sch. 5 para. 1 in force at 21.3.1994, see reg. 1(1)

2.  A certificate of registry for a fishing vessel registered or to be registered on Part II of the Register shall contain:—U.K.

(a)the name and address of each owner,

(b)the name and address of any charterer,

(c)the number of shares and, if any are jointly owned, with whom they are owned,

(d)the following details about the vessel:

(i)name,

(ii)port of choice and [F201port number],

(iii)official number,

(iv)IMO number,

(v)radio call sign,

(vi)registered length,

(vii)overall length,

(viii)breadth,

(ix)depth,

(x)net tonnage,

(xi)gross tonnage,

(xii)engine make and model,

[F202(xiii)maximum continuous engine power, in kilowatts, or if the owner notifies the Registrar of a modification, permanently de-rated engine power in kilowatts,]

(xiv)year of build,

(xv)date of entry into service,

[F203(xvi)modification explanation]

(e)the date and time of the issue of the certificate,

(f)the date of expiry of the certificate.

[F204(g)the kind of registration (i.e. whether it is full or simple registration).]

Textual Amendments

Commencement Information

I148Sch. 5 para. 2 in force at 21.3.1994, see reg. 1(1)

3.  Bareboat Charter ShipsU.K.

A certificate of bareboat charter [F205registry] for ships registered or to be registered on Part IV of the Register shall contain the details prescribed by either paragraph 1(a), (c), (d) and (e) (for ships other than fishing vessels) or paragraph 2(a), (b), (d), (e) and (f) (for fishing vessels) and the following:—

(a)the name and address of the charterer,

[F206(b)the unique number allocated to the ship for identification purposes by its primary register,]

(c)country of primary registration,

(d)original name (or a [F207translation] thereof) if different from its registered name.

Textual Amendments

Commencement Information

I149Sch. 5 para. 3 in force at 21.3.1994, see reg. 1(1)

Regulations 7 and 87D

[F208SCHEDULE 6U.K.Approved Countries

Textual Amendments

The approved countries are—

(a)Argentina

(b)Aruba

(c)Bahrain

(d)Brazil

(e)the Canary Islands

(f)China

(g)the Faroe Islands

(h)Haiti

(i)Israel

(j)Japan

(k)Liberia

(l)Madeira

(m)the Marshall Islands

(n)Monaco

(o)Panama

(p)South Korea

(q)Switzerland

(r)Suriname

(s)the United Arab Emirates, and

(t)the United States of America.]

Explanatory Note

(This note is not part of the Regulations)

The Regulations provide for the registration of merchant ships, fishing vessels and small ships in accordance with the Merchant Shipping (Registration, etc.) Act 1993.

The Regulations determine who are qualified to register such ships in the United Kingdom (and thus meet the United Kingdom’s [F209EU obligations] under the two cases R v. Secretary of State for Transport, ex parte Factortame (Case C.221/89) and Commission v. United Kingdom (Case c.246/89)).They also provide for the necessary British connection in certain cases where the owner is not resident in the United Kingdom.

The Regulations provide for methods of application and renewal for registration, and for registration of transfers and mortgages.They lay down requirements as to naming, measurement and marking.They provide for refusal or termination of registration in certain cases; and for provisional registration.

The Regulations also provide for the registration in a separate part of the register of ships bareboat chartered-in to persons qualified to own British ships, in accordance with section 7 of the Act of 1993.

There are transitional provisions providing for the continued validity of existing certificates for up to five years.

A compliance cost assessment has been prepared and copies can be obtained from the Department of Transport, Room P2/075, 2 Marsham Street, London SW1P 3EB.A copy has been placed in the library of each House of Parliament.

(2)

S.I. 1982/841.

(3)

S.I. 1988/1909.

(5)

S.I. 1986/948.

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