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Merchant Shipping Act 1988

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This is the original version (as it was originally enacted).

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12Interpretation of Part II, etc

(1)In this Part (unless the context otherwise requires)—

  • “fishing vessel” means a vessel for the time being used (or, in the context of an application for registration, intended to be used) for or in connection with fishing for sea fish, other than a vessel used (or intended to be used) for fishing otherwise than for profit;

  • “fishing vessel survey rules” has the meaning given by section 2 of the [1970 c. 27.] Fishing Vessels (Safety Provisions) Act 1970, and any reference to a survey under the fishing vessel survey rules is a reference to such a survey carried out in the United Kingdom;

  • “owner”, in relation to a registered fishing vessel, means registered owner;

  • “prescribed” means prescribed by regulations under section 13;

  • “the register” means the register of British fishing vessels referred to in section 13(1)(a);

  • “registered” and “registration” mean respectively registered and registration in the register;

  • “sea fish” includes shellfish, salmon and migratory trout (as defined by section 44 of the [1981 c. 29.] Fisheries Act 1981);

  • “share”, in relation to a fishing vessel, means one of the shares into which the property in the vessel is divided, for the purposes of registration, in accordance with section 18.

(2)It is hereby declared that a vessel for the time being used (or intended to be used) wholly for the purpose of conveying persons wishing to fish for pleasure is not a fishing vessel for the purposes of this Part.

(3)References in this Part to a fishing vessel being eligible to be registered as a British fishing vessel shall be construed in accordance with section 14.

(4)For the purposes of this Part the beneficial ownership of a fishing vessel shall be determined by reference to every beneficial interest in that vessel, however arising (whether held by a trustee or nominee or arising under a contract or otherwise), other than an interest held by any person as mortgagee.

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