The Merchant Shipping (Registration of Ships) Regulations 1993

PART VI U.K. REGISTRATION

Form of application U.K.

20.—(1) Every application made under these Regulations shall be made to the Registrar at the General Registry of Shipping and Seamen F1 .... 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

F1 Words in reg. 20(1) omitted (1.1.1999) by virtue of The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 6

Commencement Information

I1 Reg. 20 in force at 21.3.1994, see reg. 1(1)

The applicant U.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 European Economic Interest Group, by a duly authorised officer of that Group, or by its agent.

Commencement Information

I2 Reg. 21 in force at 21.3.1994, see reg. 1(1)

Applications for registration U.K.

22.—(1)  [F2 Subject 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.

Textual Amendments

F2 Words in reg. 22(1) inserted (21.3.1994) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1994 (S.I. 1994/541), regs. 1, 5

Commencement Information

I3 Reg. 22 in force at 21.3.1994, see reg. 1(1)

Appointment of managing owner U.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

I4 Reg. 23 in force at 21.3.1994, see reg. 1(1)

Applications by bodies corporate U.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 member State other than the United Kingdom, 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 [F3 Act or Ordinance of a relevant British possession], proof, sufficient to satisfy the Registrar, of its incorporation.

Textual Amendments

F3 Words in reg. 24(d) substituted (21.3.1994) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1994 (S.I. 1994/541), regs. 1, 6

Commencement Information

I5 Reg. 24 in force at 21.3.1994, see reg. 1(1)

Declaration of intent U.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

I6 Reg. 25 in force at 21.3.1994, see reg. 1(1)

Form of declaration of intent U.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

I7 Reg. 26 in force at 21.3.1994, see reg. 1(1)

Declaration of eligibility to be submitted before registration U.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

I8 Reg. 27 in force at 21.3.1994, see reg. 1(1)

Evidence of title on F4 ... registration U.K.

28.— [F5 (1)] An application to register a ship F6 ..., 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, F7 ...

(i) in respect of a [F8 pleasure 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, F9 ...

(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;[F10 or

(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 [F11 sub-paragraph] (a) or (b) above is not available, other evidence of title satisfactory to the Registrar.

[F12 (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

F4 Word in reg. 28 heading omitted (1.1.1999) by virtue of The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 7(a)

F5 Reg. 28 renumbered as reg. 28(1) (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 4(a)

F6 Words in reg. 28 omitted (1.1.1999) by virtue of The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 7(b)

F7 Word in reg. 28(1)(b) omitted (10.1.2000) by virtue of The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 4(b)

F8 Words in reg. 28(1)(b)(i) substituted (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 4(c)

F9 Word in reg. 28(1)(b)(i)(b) omitted (10.1.2000) by virtue of The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 4(d)

F10 Reg. 28(1)(b)(iii) and word added (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 4(e)

F11 Word in reg. 28(1)(c) inserted (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 4(f)

F12 Reg. 28(2) added (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 4(g)

Commencement Information

I9 Reg. 28 in force at 21.3.1994, see reg. 1(1)

Survey and measurement of ship U.K.

29.—(1)  [F13 Subject to regulation 29A] every ship, other than a fishing vessel less than 24 metres in length [F14 to 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 [F15 Tonnage Regulations].

(2) [F16 Subject to regulation 29A] a fishing vessel of less than 24 metres [F17 other 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.

[F18 (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

F13 Words in reg. 29(1) inserted (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 5

F14 Words in reg. 29(1) inserted (4.9.1998) by The Merchant Shipping (Registration of Ships) (Tonnage Amendment) Regulations 1998 (S.I. 1998/1915), regs. 1, 4(i)

F15 Words in reg. 29(1) substituted (4.9.1998) by The Merchant Shipping (Registration of Ships) (Tonnage Amendment) Regulations 1998 (S.I. 1998/1915), regs. 1, 4(ii)

F16 Words in reg. 29(2) inserted (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 5

F17 Words in reg. 29(2) inserted (4.9.1998) by The Merchant Shipping (Registration of Ships) (Tonnage Amendment) Regulations 1998 (S.I. 1998/1915), regs. 1, 5

F18 Reg. 29(4)(5) added (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 8

Commencement Information

I10 Reg. 29 in force at 21.3.1994, see reg. 1(1)

[F19 Engine power of fishing vessels registered on Part II or Part IV of the Register U.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

F19 Regs. 29A, 29B inserted (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 6

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

F19 Regs. 29A, 29B inserted (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 6

Names U.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

I11 Reg. 30 in force at 21.3.1994, see reg. 1(1)

Allocation of official number and port of choice U.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) 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”),

[F20 (b) in the case of a fishing vessel, allocate a port number,]

and shall issue a carving and marking note.

(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

F20 Reg. 31(2)(b) substituted (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 7

Commencement Information

I12 Reg. 31 in force at 21.3.1994, see reg. 1(1)

Marking U.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

I13 Reg. 32 in force at 21.3.1994, see reg. 1(1)

Inspection of marks U.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

I14 Reg. 33 in force at 21.3.1994, see reg. 1(1)

Verification of measurement and carving and marking U.K.

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

(a) that the particulars of the measurement and tonnage of the ship [F21 or 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 [F22 or 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

F21 Words in reg. 34(1)(a) inserted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 9(a)

F22 Words in reg. 34(1) inserted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 9(b)

Commencement Information

I15 Reg. 34 in force at 21.3.1994, see reg. 1(1)

Cancellation of carving and marking note U.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

I16 Reg. 35 in force at 21.3.1994, see reg. 1(1)

Registration and refusal of registration of a ship U.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 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(1).

(3) The Registrar shall refuse to register any vessel intending to fish in Community waters if that vessel has received a de-commissioning grant or any other financial assistance from the European Commission or a member State on condition that it refrains from fishing in those waters or has been withdrawn from fishing as a condition of an award of a construction grant to another boat.

(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.

Commencement Information

I17 Reg. 36 in force at 21.3.1994, see reg. 1(1)

Issue of certificate of registry U.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

I18 Reg. 37 in force at 21.3.1994, see reg. 1(1)

Temporary registration documents for fishing vessels U.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

I19 Reg. 38 in force at 21.3.1994, see reg. 1(1)

Period of registration U.K.

39.   [F23 Subject to 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

F23 Words in reg. 39 inserted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 10

Commencement Information

I20 Reg. 39 in force at 21.3.1994, see reg. 1(1)

Documents to be retained by the Registrar U.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 F24 ....

[F25 (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) All documents which have been produced to the Registrar to establish title shall be returned to the applicant once the ship has been registered. The documents shall be stamped by the Registrar to indicate that they have been used for the registration of a ship.

Textual Amendments

F24 Words in reg. 40(1)(b) omitted (10.1.2000) by virtue of The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 8(a)

F25 Reg. 40(1)(c) added (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 8(a)

Commencement Information

I21 Reg. 40 in force at 21.3.1994, see reg. 1(1)

Renewal notices and time limit for renewal U.K.

[F26 41.— (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

F26 Reg. 41 substituted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 11

Commencement Information

I22 Reg. 41 in force at 21.3.1994, see reg. 1(1)

Application for renewal of registration U.K.

42.—(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, and

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

[F27 (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.]

[F28 (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

F27 Reg. 42(1)(c) inserted (4.9.1998) by The Merchant Shipping (Registration of Ships) (Tonnage Amendment) Regulations 1998 (S.I. 1998/1915), regs. 1, 6

F28 Reg. 42(1A) added (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 9

Commencement Information

I23 Reg. 42 in force at 21.3.1994, see reg. 1(1)

Evidence of title on registration of transfer of ship U.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

I24 Reg. 43 in force at 21.3.1994, see reg. 1(1)

Form of bill of sale U.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

I25 Reg. 44 in force at 21.3.1994, see reg. 1(1)

Registration of transfer of a ship U.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) 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.

Commencement Information

I26 Reg. 45 in force at 21.3.1994, see reg. 1(1)

Evidence of title on transmission of a registered ship U.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 an office 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.

Commencement Information

I27 Reg. 46 in force at 21.3.1994, see reg. 1(1)

Declaration of eligibility on transfer or transmission U.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 declaration of eligibility and, where the application is made on behalf of a body corporate, the document or documents mentioned in regulation 24.

Commencement Information

I28 Reg. 47 in force at 21.3.1994, see reg. 1(1)

Refusal of registration of transfer or transmission U.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.

Commencement Information

I29 Reg. 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 [F29 prescribed 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

F29 Words in reg. 49(1)(a) substituted (21.3.1994) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1994 (S.I. 1994/541), regs. 1, 7

Commencement Information

I30 Reg. 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.

[F30 (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

F30 Reg. 50(4) added (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 10

Commencement Information

I31 Reg. 50 in force at 21.3.1994, see reg. 1(1)

Change in registered particulars of ship U.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.

[F31 (5) Any person who fails to make an application as required by paragraph (1) or (3) shall be guilty of an offence.]

Textual Amendments

F31 Reg. 51(5) added (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 11

Commencement Information

I32 Reg. 51 in force at 21.3.1994, see reg. 1(1)

Change of name U.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

I33 Reg. 52 in force at 21.3.1994, see reg. 1(1)

Transfer of port of choice U.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

I34 Reg. 53 in force at 21.3.1994, see reg. 1(1)

Re-marking of ship U.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

I35 Reg. 54 in force at 21.3.1994, see reg. 1(1)

Registration of changes of name or port of choice U.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

I36 Reg. 55 in force at 21.3.1994, see reg. 1(1)

Removal from the Register U.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;

[F32 (aa) if the registered owner has not notified the Registrar that ownership of the ship has changed;]

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

(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.

[F33 (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.]

[F34 (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) 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.

[F35 (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

F32 Reg. 56(1)(aa) inserted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 12

F33 Reg. 56(1)(i) added (4.9.1998) by The Merchant Shipping (Registration of Ships) (Tonnage Amendment) Regulations 1998 (S.I. 1998/1915), regs. 1, 7

F34 Reg. 56(1)(j)-(n) added (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 12

F35 Reg. 56(2A) inserted (4.9.1998) by The Merchant Shipping (Registration of Ships) (Tonnage Amendment) Regulations 1998 (S.I. 1998/1915), regs. 1, 8

Commencement Information

I37 Reg. 56 in force at 21.3.1994, see reg. 1(1)

(1)

1970 c. 27.