The Merchant Shipping (Registration of Fishing Vessels) Regulations 1988

Explanatory Note

(This note is not part of the Regulations)

Part II of the Merchant Shipping Act 1988, which comes into force on the making of these Regulations, provides that there shall be a new registration system for fishing vessels. These Regulations provide for the establishment of one central register for the whole of the United Kingdom which will be at the offices of the Registrar General of Shipping and Seamen in Cardiff. However notwithstanding that registration is centralised vessels will be registered as belonging to a particular port of registry and the existing system of marking vessels with port letters and numbers will continue.

Under the Act, only British owned vessels as therein defined which fish for profit are eligible for registry. The Regulations require a declaration of British Character to be completed and signed by all owners applying for registry in order to provide evidence to the Secretary of State that the ownership of the vessel fulfils the requirements of the Act. Provision is made for two kinds of registration, full (under which mortgages may be registered) and simple. Formal documents of title are required in support of applications for full registration but not applications for simple registration though all applications must be accompanied by declarations of ownership.

Registrations of both kinds will expire after five years unless renewed.

There are provisions concerning the form of registered mortgages and the evidence required on transmission of a mortgage. There are also provisions for mortgages registered in the registers established under legislation now repealed on vessels which are not transferred to the new register to remain enforceable and for their priority to be preserved if the vessel subsequently becomes registered. Provision is also made for the priority of mortgages on vessels registered in the new register which transfer to the register for merchant ships under Part I of the Merchant Shipping Act 1894 (which is no longer open to fishing vessels) or vice versa to be preserved.

Provision is made for provisional registration of vessels acquired abroad but such registry will only last for three months and will terminate if the vessel fishes for profit whilst so registered.

There are provisions for vessels on the existing registers whether under the Merchant Shipping Act 1894 or the Fishing Boats (Scotland) Act 1886, to transfer to the new register during the transitional period which is 1st December 1988 to 31st March 1989.

It is made an offence to use a certificate with intent to deceive, to fail to keep the vessel marked as required or to surrender a certificate of registry when required to do so.

The address of the Register General of Shipping and Seamen is Block 2, Government Buildings, PO Box 165, St Agnes Road, Galbalfa, Cardiff CF4 4UX.