Merchant Shipping Act 1894

18 Provision for loss of certificate. U.K.

(1) In the event of the certificate of registry of a ship being mislaid, lost, or destroyed, the registrar of her port of registry shall grant a new certificate of registry in lieu of her original certificate.

[F1 (2) If—

(a) the port where the ship is at the time of the event (or, as the case may be, where it first arrives thereafter) is a port in a country outside the British Islands, and

(b) the master of the ship, or some other person having knowledge of the facts of the case, makes a declaration before the appropriate person stating—

(i) the facts of the case, and

(ii) the names and descriptions of the registered owners of the ship to the best of the declarant’s knowledge and belief,

the appropriate person may thereupon grant a provisional certificate containing a statement of the circumstances under which it is granted.]

(3) The provisional certificate shall within ten days after the first subsequent arrival of the ship at [F2 a port in the United Kingdom], be delivered up to the registrar of her port of registry, and the registrar shall thereupon grant the new certificate of registry; and if the master without reasonable cause fails to deliver up the provisional certificate within the ten days aforesaid, he shall be liable to a fine not exceeding [F3 [F4 £200]][F3 level 3 on the standard scale].

[F5 (4) In this section “the appropriate person”, in relation to a port in a country outside the British Islands, means—

(a) any British consular officer within whose consular district the port lies, or

(b) where Her Majesty’s Government in the United Kingdom is represented in that country by a High Commissioner, any member of the High Commissioner’s official staff nominated by him for the purposes of this Part of this Act, or

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

and in this subsection “High Commissioner” includes an acting High Commissioner and “Governor” includes an acting Governor.]

Textual Amendments

F1 S. 18(2) substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 10, Sch. 1 para. 10(a), (with s. 58(4), Sch. 8 para. 1)

F2 Words substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 10, Sch. 1 para. 10(b), (with s. 58(4), Sch. 8 para. 1)

F3 Words “level 3 on the standard scale”substituted (E.W.S) for “£200” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), s. 289G

F4 Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. II

F5 S. 18(4) added by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 10, Sch. 1 para. 10(c), (with s. 58(4), Sch. 8 para. 1)