Registration under Part I of 1894 Act
4Entitlement to registration under Part I of 1894 Act
(1)Subject to sections 6 and 7 below, this section has effect for the purpose of determining whether a ship is entitled to be registered under Part I of the 1894 Act in the United Kingdom.
(2)Subject to subsection (3), a ship shall be entitled to be registered if a majority interest in the ship is owned by one or more persons qualified to be owners of British ships by virtue of section 3(1)(a), (b), (e) or (f) above.
(3)Where—
(a)a ship falling within subsection (2) is 24 metres or more in length, and
(b)the person, or (as the case may be) each of the persons, by whom the majority interest in the ship is owned is not resident in the United Kingdom,
the ship shall only be entitled to be registered if a representative person is appointed in relation to the ship.
(4)Where a majority interest in a ship is owned by one or more persons qualified to be owners of British ships by virtue of section 3(1)(c), (d) or (g) above, the ship shall be entitled to be registered—
(a)if that person, or (as the case may be) any of those persons, is resident in the United Kingdom, or
(b)(where that condition is not satisfied) if the Secretary of State furnishes him or them with a declaration that he consents to the ship being registered, and, in addition, a representative person is appointed in relation to the ship.
(5)Where a majority interest in a ship is owned by the following persons, namely—
(a)one or more persons qualified to be owners of British ships by virtue of section 3(1)(a), (b), (e) or (f), and
(b)one or more persons so qualified by virtue of section 3(1)(c), (d) or (g),
the ship shall be entitled to be registered—
(i)if any of those persons is resident in the United Kingdom, or
(ii)(where that condition is not satisfied) if a representative person is appointed in relation to the ship.
(6)A ship shall, in accordance with section 13(2)(a) below, not be entitled to be registered if it is a fishing vessel within the meaning of Part II.
(7)For the purposes of this section—
(a)one or more persons shall be treated as owning a majority interest in a ship if there is vested in that person or in those persons, taken together, the legal title to 33 or more of the 64 shares into which the property in the ship is divided, for the purposes of registration, in accordance with section 5 of the 1894 Act (there being left out of account for this purpose any share in which any beneficial interest is owned by a person who is not qualified to be an owner of a British ship); and
(b)a body corporate shall be treated as resident in the United Kingdom if it is incorporated in the United Kingdom and has its principal place of business there.
(8)Nothing in this section applies to a ship to which section 80 of the [1906 c. 48.] Merchant Shipping Act 1906 applies (Government ships).
5Representative persons
(1)Where the entitlement of any ship to be registered is, by virtue of any provision of section 4, conditional on the appointment of a representative person in relation to the ship, the owner of the ship shall—
(a)before applying for the ship to be registered, appoint an individual or body corporate satisfying the prescribed requirements to be the representative person in relation to the ship, and
(b)secure that, so long as the ship remains registered, an individual or body corporate satisfying those requirements is so appointed.
(2)For the purposes of subsection (1) the prescribed requirements are—
(a)that the representative person is either—
(i)an individual resident in the United Kingdom, or
(ii)a body corporate incorporated in the United Kingdom and having its principal place of business there; and
(b)such other requirements as the Secretary of State may by regulations prescribe.
(3)Where subsection (1) applies to a ship, any person who is registered under section 59(2) of the 1894 Act (registration of ship’s manager) in relation to the ship shall, if that person is such an individual or body corporate as is mentioned in subsection (2)(a)(i) or (ii) above, be treated for the purposes of this Part of this Act as the representative person for the time being appointed in relation to the ship.
(4)The owner of any ship in relation to which any representative person is for the time being appointed shall—
(a)on applying for the ship to be registered, notify the registrar to whom the application is made of the name and address of the representative person; and
(b)in the event of any change in the identity, or in the address, of the representative person so appointed, notify the registrar of the ship’s port of registry of the name and address of the new representative person, or (as the case may be) of the new address, as soon as practicable after the change occurs;
and the registrar in question shall record any particulars notified to him in pursuance of this section in the register kept by him under Part I of the 1894 Act.
(5)Any document required or authorised, by virtue of any statutory provision, to be served for the purpose of the institution of, or otherwise in connection with, proceedings for an offence under the Merchant Shipping Acts, or under any instrument in force under those Acts, shall, where the person to be served is the owner of a registered ship, be treated as duly served on him if—
(a)delivered to any representative person for the time being appointed in relation to the ship, or
(b)sent to any such person by post at the address notified (or, as the case may be, last notified) to the registrar under subsection (4) in relation to that person, or
(c)left for any such person at that address.
(6)Any person who contravenes subsection (1)(b) or (4)(b) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.
6Refusal of registration
(1)If for any reason it appears to the Secretary of State that a ship in respect of which an application for registration has been made may not be entitled to be registered, he may by notice served on—
(a)the applicant, or
(b)any representative person for the time being appointed in relation to the ship,
require that person to furnish him with such information as he thinks necessary for the purpose of determining whether the ship is entitled to be registered.
(2)Where the Secretary of State has served a notice under subsection (1) with respect to any ship, then, unless he has become satisfied that the ship is entitled to be registered, he shall, as soon as practicable after the end of the period of 30 days beginning with the date of service of that notice, give to registrars of British ships generally a direction requiring them not to register the ship.
(3)Notwithstanding that any ship in respect of which an application for registration has been made is entitled to be registered, the Secretary of State may give to registrars of British ships generally a direction requiring them not to register the ship if he is satisfied that, having regard—
(a)to the condition of the ship so far as relevant to its safety or to any risk of pollution, or
(b)to the safety, health and welfare of persons employed or engaged in any capacity on board the ship,
it would be inappropriate for the ship to be registered.
7Power of Secretary of State to direct removal from the register
(1)If for any reason it appears to the Secretary of State that a registered ship may no longer be entitled to be registered, he may by notice served on—
(a)the owner of the ship, or
(b)any representative person for the time being appointed in relation to the ship,
require that person to furnish him with such information as he thinks necessary for the purpose of determining whether the ship is entitled to be registered.
(2)Where the Secretary of State has served a notice under subsection (1) with respect to any ship, then, unless he has become satisfied that the ship is entitled to be registered, he shall, as soon as practicable after the end of the period of 30 days beginning with the date of service of that notice, serve a notice under subsection (4) on the owner or on any representative person for the time being appointed in relation to the ship.
(3)Where the Secretary of State is satisfied—
(a)that, having regard to the matters mentioned in paragraph (a) or (b) of section 6(3), it would be inappropriate for a registered ship to continue to be registered, or
(b)that any penalty imposed on the owner of a registered ship in respect of a contravention of the Merchant Shipping Acts, or of any instrument in force under those Acts, has remained unpaid for a period of more than three months (and no appeal against the penalty is pending), or
(c)that any summons for any such contravention has been duly served on the owner of a registered ship but the owner failed to appear at the time and place appointed for the trial of the information or complaint in question and a period of not less than three months has elapsed since that time,
the Secretary of State shall serve a notice under subsection (4) either on the owner or on any representative person for the time being appointed in relation to the ship.
(4)A notice under this subsection is a notice stating—
(a)that the Secretary of State is not satisfied that the ship in question is entitled to be registered or (as the case may be) that he is satisfied as mentioned in paragraph (a), (b) or (c) of subsection (3); and
(b)that he intends, after the end of the period of 30 days beginning with the date of service of the notice, to direct that the ship in question should cease to be registered unless he is satisfied that it would be inappropriate to do so by any representations made to him by or on behalf of the owner within that period.
(5)As soon as practicable after the end of that period the Secretary of State shall accordingly direct the registrar of the ship’s port of registry to terminate the ship’s registration unless he is satisfied that it would be inappropriate to do so by any such representations.
(6)Where the registration of any ship has terminated by virtue of this section, the Secretary of State may subsequently, if he is satisfied that it would be appropriate to do so, direct the registrar of the ship’s former port of registry to restore the ship’s registration.
8Offences relating to furnishing of information, and duty to comply with directions
(1)Any person who—
(a)in purported compliance with the requirements of a notice under section 6(1) or 7(1), or
(b)in connection with the making of any representations in pursuance of section 7(4)(b),
knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence and liable—
(i)on summary conviction, to a fine not exceeding the statutory maximum;
(ii)on conviction on indictment, to a fine.
(2)It shall be the duty of any person to whom the Secretary of State gives a direction under this Part to give effect to that direction.
9Duty of owner of registered ship to secure termination of any overseas registration
(1)Where a ship becomes registered at a time when it is already registered under the law of any country outside the United Kingdom, the owner of the ship shall take all reasonable steps to secure the termination of the ship’s registration under the law of that country.
(2)Any person who contravenes subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.
(3)Subsection (1) does not apply to a ship which becomes registered in pursuance of section 53B of the 1894 Act (transfer of registration under that Act from overseas territory).
10Amendments of Part I of 1894 Act
(1)Part I of the 1894 Act shall have effect subject to the amendments specified in Schedule 1 to this Act, which include amendments—
(a)restricting the scope of operation of that Part of that Act to registration in the United Kingdom;
(b)restricting the grant of provisional certificates of registration under section 22 of that Act (ships becoming British-owned abroad); and
(c)enabling ships to be registered otherwise than in register books;
as well as amendments consequential on the preceding provisions of this Part of this Act.
(2)In Part I of the 1894 Act—
(a)references to registration or to registered ships or registered owners shall accordingly (unless the context otherwise requires) be construed as references to registration, or to ships or owners registered, under that Part of that Act in the United Kingdom;
(b)references to registrars of British ships shall accordingly be construed as references to registrars of British ships in the United Kingdom;
(c)references to a ship being entitled to be registered shall be construed in accordance with section 4 of this Act; and
(d)references to the ownership of a majority interest in a ship shall be construed in accordance with subsection (7)(a) of that section.