The Merchant Shipping (Registration of Ships) Regulations 1993

PART II THE REGISTER OF BRITISH SHIPS IN THE UNITED KINGDOM

The Register

2.—(1) The Register maintained by the Registrar in accordance with section 1(1) and (2) of the Act shall be divided into the following parts:—

(a) Part I for ships, owned by persons qualified in accordance with these regulations, which are not:

(i) fishing vessels, or

(ii) registered on that Part which is restricted to small ships,

(b) Part II for fishing vessels,

(c) Part III for small ships, and

(d) Part IV for ships which are registered under section 7 of the Act (‘bareboat charter ships’).

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

(3) 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.

(4) 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.

(5) Entries in the Register shall be made in accordance with the following provisions:—

(a) the property in a ship shall be divided into sixty-four shares;

(b) subject to the provisions of the Act and these Regulations with respect to joint owners or owners by transmission, not more than sixty-four persons shall be entitled to be registered at the same time as owners of any one ship.This rule shall not affect the beneficial title of any persons represented by or claiming under or through any registered owner or joint owner;

(c) a person shall not be entitled to be registered as owner of a part of a share; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share or shares in a ship;

(d) joint owners shall be considered as constituting one person only as regards the persons entitled to be registered, and shall not be entitled to dispose in severalty of any interest in a ship, or in any share in a ship in respect of which they are registered.

(6) The Registrar shall be entitled to amend the Register where:—

(a) a clerical error has occurred, or

(b) sufficient evidence is produced to satisfy him that the entry is incorrect,

and on making the amendment he shall issue a new certificate of registry if necessary.

Registration of fishing vessels to be of two kinds

3.  Registration on Part II of the Register shall be of two kinds:—

(a) registration of vessels to which the provisions of Schedule 1 to the Act relating to transfers by bill of sale and the registration of mortgages do not apply (hereinafter called “simple registration”), and

(b) registration of vessels to which those provisions do apply (hereinafter called “full registration”).

Fishing vessels changing from full registration to simple registration subject to conditions

4.  A fishing vessel which has once been registered with full registration shall not thereafter be registered with simple registration unless:—

(a) it is not subject to a registered mortgage, and

(b) the vessel has in the meantime been registered outside the United Kingdom, and

(c) the Registrar consents.

Registration on only one Part of the Register

5.  No ship, including a small ship, may be registered on more than one part of the Register at any one time.

Trusts not to be entered

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

(2) 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.