The Merchant Shipping (Registration of Ships) Regulations 1993

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

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:—

  1. a

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

  2. 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

  3. 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 19822 the Merchant Shipping (Fishing Vessels-Tonnage) Regulations 19883 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);

• F162“EEA Agreement” has the meaning given by Schedule 1 to the Interpretation Act 1978;

• F139“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;

• F79“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;

• F80“identifying number” means:

  1. a

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

  2. 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;

• F23“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';

• F79“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);

• F79“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;

• F36“non-United Kingdom nationals exercising their right of freedom of movement of workers or right of establishment” means persons who are either–

  1. a

     nationals of a member State F163... exercising in the United Kingdom their rights under F124Article 45 or 49 of the Treaty on the Functioning of the European UnionF164as recognised and available in domestic law by virtue of the European Union (Withdrawal) Act 2018, as the case may be, or

  2. 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 F165as recognised and available in domestic law by virtue of the European Union (Withdrawal) Act 2018.

• F25“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;

• F79“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;

• F81“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;

• F82“port letters” means the letters for the port of choice;

• F79“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 F83applicant 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;

• F201“relevant provisions of the sanctions regulations” means—

  1. a

     regulation 77(1) and (2) of the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019; F204...

  2. b

     F203regulation 57E(1) (registration of ships in the United Kingdom) of the Russia (Sanctions) (EU Exit) Regulations 2019;F205or

  3. c

     F206regulation 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;

• F142“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 F161the 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;

• F202“termination direction” means a direction to terminate the registration of a ship given to the Registrar under—

  1. a

     regulation 77(3) of the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019; F207...

  2. b

     regulation 57E(2) (registration of ships in the United Kingdom) of the Russia (Sanctions) (EU Exit) Regulations 2019;F208or

  3. c

     F209regulation 29J(2) (registration of ships in the United Kingdom) of the Belarus (Sanctions) (EU Exit) Regulations 2019;

• F24“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.

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

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.

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.

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

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.

Subject to F168the relevant provisions of the sanctions regulations, regulation 36(4) (Refusal of registration) and paragraphs (2), F3(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 F4under regulation 7(1).

F5Where a majority interest in a ship is owned by a person or persons qualified by reason of F146regulation 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.

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.

Subject to F171the 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.

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.

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.

Every application made under these Regulations shall be made to the Registrar at the General Registry of Shipping and Seamen F39.... Applications in respect of fishing vessels may also be made through a local office.

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.

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.

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.

Every application for registration of a ship must confirm that the ship is not a sanctioned ship.

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.

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

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.

F91Subject to regulation 29A every ship, other than a fishing vessel less than 24 metres in length F26to 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 F27Tonnage Regulations.

F92Subject to regulation 29A a fishing vessel of less than 24 metres F28other 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.

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.

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

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

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

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

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

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

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.

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.

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.

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.

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.

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.

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

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.

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 197011.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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.

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.

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

F127All original documents which have been produced to the Registrar to establish title shall be returned to the applicant once the ship has been registered. F128...

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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

—

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.

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.

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.

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.

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

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.

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.

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.

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.

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

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).

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.

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

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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

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

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.

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

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.

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.

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.

Every application for registration of a bareboat charter ship shall be made to the Registrar at the General Registry of Shipping and Seaman F100....

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

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

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.

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.

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

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.

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.

F189Subject 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.

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

Upon registering a ship the Registrar shall issue and send to the charterer a certificate of bareboat charter F48registry containing the particulars set out in Schedule 5.

Upon registering a ship the Registrar shall retain in his possession a copy of the charter, a copy of any certificate of survey and F134copies of all declarations of eligibility, and if applicable F134copies of any declarations required by regulation 24 (Applications by bodies corporate).

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.

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

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

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 F50registry.

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.

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.

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

On closure of a ship’s registration under paragraph (1) the charterer shall forthwith surrender to the Registrar the certificate of bareboat charter F52registry for cancellation.

This Part provides for the suspension of the registration of a ship.

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.

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

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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

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

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.

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

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.

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).

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.

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

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.

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.

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.

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

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

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.

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.

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 F551 month of being so required, he may terminate the registration of the ship.

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.

Where it appears to the Registrar that F56regulation 56(1)(aa), F197(ab), (b), (d), (e), (f), (g) F104(h), (i), (j), (k), (l), (m) or (n) (Removal from the Register) or F5787(1)(b), F198(ba),F105(d), (e), (f), (g), (h), (i) or (j) (Closure of bareboat charter ship’s registration by the Registrar) F153or 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 F154or should not have the certificate of permission in respect of it revoked.

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.

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.

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)—

  1. i

     by means of an electronic communications network; or

  2. 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.

If it is shown to the satisfaction of the Registrar that the certificate of registry F157or 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.

Where a duplicate certificate of registry F157or permission is issued the original if then available or if subsequently found or recovered shall be forthwith surrendered to the Registrar.

On being notified of the event and being satisfied that the ship is entitled to be issued with a duplicate certificate the Registrar shall F135authorise the appropriate person to issue a provisional certificate, endorsed with a statement of the circumstances under which it is granted.F136...

The F137... 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.

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.

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.

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.

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

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

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).

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.

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.

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.

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.

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.

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.

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 F66transitional period under regulation 116(b) (Validity of old certificates).

Subject to paragraph (2) any application for registration of a ship or small ship which is made, F18but in respect of which registration was not effected, prior to the commencement of these Regulations shall be completed in accordance with these regulations.

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.

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.

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.