PART XIVTRANSITIONALS

Definitions for this PartI1115

For the purposes of this Part,

  • F5...

  • ‘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:—

    1. i

      the Merchant Shipping Act 1894;

    2. ii

      the Merchant Shipping Act 1983; or

    3. iii

      the Merchant Shipping Act 1988.

  • F6“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.

Validity of old certificatesI2F7116

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.

F4Continuation in force of old certificates116A

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.

Registered informationI3117

Schedules 4 and 5 shall not apply to any ship until a new certificate of registry is issued in respect of that ship.

Issue of new certificates of registryI4118

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 F8transitional 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 F9transitional period shall be a certificate issued in accordance with these Regulations and:—

a

for ships F11..., shall be valid for a period of five years from the date of issue; and

b

for F12... 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 F10transitional 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.

Advertisement rather than renewal noticeI5119

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 F13transitional period under regulation 116(b) (Validity of old certificates).

F142

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.

Applications for registration made before commencement of these RegulationsI6120

1

Subject to paragraph (2) any application for registration of a ship or small ship which is made, F1but 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, F2but in respect of which registration was not effected, prior to the commencement of these regulations, and

b

F3the 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.

Managing owners for fishing vesselsF15121

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