The Merchant Shipping (Registration of Fishing Vessels) Regulations 1988

Regulation 60

SCHEDULE 6 Provision of Part I of Merchant Shipping Act 1894 applied to fishing vessels

Section 6 modified to read as follows:

6.    Tonnage measurement

Every fishing vessel shall before registration under Part II of the Merchant Shipping Act 1988 be surveyed and her tonnage ascertained in accordance with the tonnage regulations applicable to it under the Merchant Shipping Acts 1894 to 1988, and the person ascertaining the tonnage shall grant a certificate specifying the vessel’s tonnage and such other particulars descriptive of the identity of the vessel as may for the time being be required by the Secretary of State, and such certificate shall be delivered to the Secretary of State before registration.

Section 28(1) modified to read as follows:

Where the property in a fishing vessel registered under Part II of the Merchant Shipping Act 1988 or a share thereunder is transmitted by any lawful means other than by bill of sale to a person who is not a qualified person or a qualified company within the meaning of section 14 of that Act, and as a result the vessel is no longer eligible to be registered under the said Part II then—

(a) if the port of registry of the vessel is in England, Wales or Northern Ireland, the High Court, or

(b) if the port of registry of the vessel is in Scotland, the Court of Session,

may, on application by or on behalf of that person, order a sale of the property so transmitted and direct that the proceeds of the sale, after deducting the expenses of the sale, shall be paid to that person or otherwise as the court may direct.

Section 28(2) to (4) unmodified.

Section 58, with the modification that after the words “ship or share in a ship” there shall be added the words: “(including any fishing vessel or share in a fishing vessel registered under Part II of the Merchant Shipping Act 1988)”.