The Merchant Shipping (Registration of Ships) Regulations 1993

PART XIV U.K. TRANSITIONALS

Definitions for this Part U.K.

115.  For the purposes of this Part,

• F1 ...

• ‘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.

• [F2 “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

F1 Words in reg. 115 omitted (1.1.1999) by virtue of The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 22(a)

F2 Words in reg. 115 added (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 22(b)

Commencement Information

I1 Reg. 115 in force at 21.3.1994, see reg. 1(1)

Validity of old certificates U.K.

[F3 116.   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 ship	Date 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 1950	31st March 1999
1st January 1970	31st March 2000
1st January 1975	31st March 2001
1st January 1989	31st March 2002
20th March 1994	31st March 2003

whichever shall be the earlier.]

Textual Amendments

F3 Reg. 116 substituted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 23

Commencement Information

I2 Reg. 116 in force at 21.3.1994, see reg. 1(1)

[F4 Continuation in force of old certificates U.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

F4 Reg. 116A added (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 24

Registered information U.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

I3 Reg. 117 in force at 21.3.1994, see reg. 1(1)

Issue of new certificates of registry U.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 [F5 transitional 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 [F6 transitional period] shall be a certificate issued in accordance with these Regulations and:—

(a) for ships F7 ..., shall be valid for a period of five years from the date of issue; and

(b) for F8 ... 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 [F9 transitional 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

F5 Words in reg. 118(1)(a) substituted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 25(a)

F6 Words in reg. 118(2) substituted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 25(a)

F7 Words in reg. 118(2)(a) omitted (1.1.1999) by virtue of The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 25(b)(i)

F8 Words in reg. 118(2)(b) omitted (1.1.1999) by virtue of The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 25(b)(ii)

F9 Words in reg. 118(3)(a) substituted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 25(a)

Commencement Information

I4 Reg. 118 in force at 21.3.1994, see reg. 1(1)

Advertisement rather than renewal notice U.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 [F10 transitional period] under regulation 116(b) (Validity of old certificates).

[F11 (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

F10 Words in reg. 119(1) substituted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 26(a)

F11 Reg. 119(2) substituted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 26(b)

Commencement Information

I5 Reg. 119 in force at 21.3.1994, see reg. 1(1)

Applications for registration made before commencement of these Regulations U.K.

120.—(1) Subject to paragraph (2) any application for registration of a ship or small ship which is made, [F12 but 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, [F13 but in respect of which registration was not effected], prior to the commencement of these regulations, and

(b) [F14 the 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

F12 Words in reg. 120(1) substituted (21.3.1994) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1994 (S.I. 1994/541), regs. 1, 15(a)

F13 Words in reg. 120(2)(a) substituted (21.3.1994) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1994 (S.I. 1994/541), regs. 1, 15(a)

F14 Words in reg. 120(2)(b) substituted (21.3.1994) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1994 (S.I. 1994/541), regs. 1, 15(b)

Commencement Information

I6 Reg. 120 in force at 21.3.1994, see reg. 1(1)

Managing owners for fishing vessels U.K.

F15 121.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Reg. 121 omitted (1.1.1999) by virtue of The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 27