The Merchant Shipping (Registration of Ships) Regulations 1993

PART X U.K. BAREBOAT CHARTER-IN

Qualification and entitlement for registration of bareboat charter ships other than fishing vessels U.K.

73.  The persons qualified to be the owners of British ships by virtue of regulation 7(1) who charter a ship (other than a fishing vessel) on bareboat charter terms shall be qualified to register a bareboat charter ship under section 7 of the Act.

Commencement Information

I1 Reg. 73 in force at 21.3.1994, see reg. 1(1)

Qualification and entitlement for registration of a fishing vessel as a bareboat charter ship U.K.

74.—(1) The persons prescribed by regulation 12 who charter a fishing vessel on bareboat charter terms shall be eligible to register it on Part IV of the Register under section 7 of the Act.

(2) A fishing vessel shall not be registered on Part IV of the Register unless it is managed, and its operations controlled and directed, from within the United Kingdom.

Commencement Information

I2 Reg. 74 in force at 21.3.1994, see reg. 1(1)

Appointment of representative person U.K.

75.  Where the charterer is not resident in the United Kingdom he shall appoint a representative person and Part V shall apply as if the charterer were the owner.

Commencement Information

I3 Reg. 75 in force at 21.3.1994, see reg. 1(1)

Dispensations for the bareboat charterers of fishing vessels U.K.

76.  The charterers of fishing vessels which are, or are to be, registered as bareboat charter ships may apply for dispensation from the eligibility requirements in accordance with regulation 15 (Dispensations).

Commencement Information

I4 Reg. 76 in force at 21.3.1994, see reg. 1(1)

Applications U.K.

77.—(1) Every application for registration of a bareboat charter ship shall be made to the Registrar at the General Registry of Shipping and Seaman F1 ....

(2) Regulation 21 (The applicant) shall apply to this Part as if the charterer were the owner.

(3) Every application for registration of the ship shall be in a form approved by the Secretary of State and accompanied by:—

(a) a declaration of eligibility which shall include:—

(i) a declaration by every charterer setting out his qualification to register a bareboat charter ship, and

(ii) in respect of fishing vessels, a declaration that the management, and direction and control, of the ship, will be carried out from within the United Kingdom.

[F2 (ab) confirmation that the ship is not a sanctioned ship;]

(b) a copy of the charter-party showing:—

(i) the name of the ship;

(ii) the name of the charterer or charterers and the name of the owner or owners of the ship;

(iii) the date of the charter-party;

(iv) the duration of the charter-party;

(c) the certificate of registry, or other document, issued by the authority responsible for the registration of ships in the country of primary registration showing the ownership of the ship; and

(d) where the charterer is a body corporate, the document or documents required by regulation 24 (Applications by bodies corporate).

(4) Regulation 29 (Survey and measurement) shall apply to this Part.

(5) The Registrar may refuse to register any fishing vessel as a bareboat charter ship if he is not satisfied that there is in force in respect of the vessel any certificate required to be so in force by virtue of section 4 of the Fishing Vessels (Safety Provisions) Act 1970.

Textual Amendments

F1 Words in reg. 77(1) omitted (10.1.2000) by virtue of The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 13

F2 Reg. 77(3)(ab) inserted (31.12.2020) by The Merchant Shipping (Registration of Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/509), regs. 1(3), 19; 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I5 Reg. 77 in force at 21.3.1994, see reg. 1(1)

Names U.K.

78.—(1) On making an application for registration of a bareboat charter ship the applicant shall propose a name which the ship is to be called while so registered.

(2) If the Registrar is satisfied that the name is in compliance with the provisions of Schedule 1 he shall approve the name.

Commencement Information

I6 Reg. 78 in force at 21.3.1994, see reg. 1(1)

Allocation of identifying number; port of choice and port numbers U.K.

79.—(1) On making application for registration of a bareboat charter ship the applicant shall specify one of the ports listed in part 1 or 2 of Schedule 2, as is appropriate, which it is intended shall be the port of choice.

[F3 (2) Where the application is made in respect of a fishing vessel and the Registrar is satisfied that the vessel is eligible to be registered as a bareboat charter ship, he shall:

(a) allocate a port number, and

(b) allocate an identifying number, whether or not the vessel already has a number allocated by its primary register.

(3) In the case of any other ship the Registrar may allocate an identifying number, whether or not the ship already has a number allocated by its primary register.]

Textual Amendments

F3 Reg. 79(2)(3) substituted (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 14

Commencement Information

I7 Reg. 79 in force at 21.3.1994, see reg. 1(1)

Marking U.K.

80.—(1)  [F4 Subject to paragraph (1A), on] being satisfied that the ship is eligible for registration and on production of any certificate for survey required under regulation 29 (Survey and measurement of ship) the Registrar shall issue a carving and marking note.

[F5 (1A) Paragraph (1) does not apply if the Registrar is satisfied that the ship is a sanctioned ship.]

(2) On receipt of a carving and marking note the charterer shall:—

(a) where the ship is not already so marked cause it to be marked with;

(i) its name, and

(ii) its port of choice, and

(iii) in respect of a fishing vessel, [F6 its port number], and

(b) where the ship is not already so carved, cause it to be carved with its identifying number and the number denoting its tonnage,

in accordance with Schedule 3.

Textual Amendments

F4 Words in reg. 80(1) substituted (31.12.2020) by The Merchant Shipping (Registration of Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/509), regs. 1(3), 20(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Reg. 80(1A) inserted (31.12.2020) by The Merchant Shipping (Registration of Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/509), regs. 1(3), 20(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 80(2)(a)(iii) substituted (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 15

Commencement Information

I8 Reg. 80 in force at 21.3.1994, see reg. 1(1)

Inspection of marks etc U.K.

81.  Regulations 33 (Inspection of marks) and 35 (Cancellation of carving and marking note) shall apply to this Part [F7 as if any reference in them to the owner was a reference to the charterer].

Textual Amendments

F7 Words in reg. 81 added (21.3.1994) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1994 (S.I. 1994/541), regs. 1, 12

Commencement Information

I9 Reg. 81 in force at 21.3.1994, see reg. 1(1)

Registration U.K.

82.—(1)  [F8 Subject to the relevant provisions of the sanctions regulations, where] the Registrar is satisfied in respect of an application:—

(a) that the ship has been duly carved and marked, and

(b) that, where required, the appropriate certificate of survey has been provided, and

(c) that the other requirements preliminary to registration have been complied with,

he shall enter in the Register the details prescribed in Schedule 4.

(2) Upon registering a ship the Registrar shall issue and send to the charterer a certificate of bareboat charter [F9 registry] containing the particulars set out in Schedule 5.

(3) Upon registering a ship the Registrar shall retain in his possession a copy of the charter, a copy of any certificate of survey and [F10 copies of] all declarations of eligibility, and if applicable [F10 copies of] any declarations required by regulation 24 (Applications by bodies corporate).

(4) Notwithstanding that a ship is otherwise entitled to be registered, the Registrar may refuse to register it if, taking into account any requirements of the Merchant Shipping Acts (including any instrument made under them) relating to the condition of the ship or its equipment so far as relevant to its safety or to any risk of pollution or to the safety, health and welfare of persons employed or engaged in any capacity on board the ship, he considers that it would be inappropriate for the ship to be registered.

Textual Amendments

F8 Words in reg. 82(1) substituted (31.12.2020) by The Merchant Shipping (Registration of Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/509), regs. 1(3), 21; 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in reg. 82(2) inserted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 14

F10 Words in reg. 82(3) inserted (1.10.2017) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 2017 (S.I. 2017/879), regs. 1, 6

Commencement Information

I10 Reg. 82 in force at 21.3.1994, see reg. 1(1)

Period of registration U.K.

83.—(1) The registration of a bareboat charter ship shall expire:—

(a) on the expiry of the charter period, or

(b) at the end of a period of 5 years beginning with the date of registration specified in the certificate of bareboat charter [F11 registry],

whichever is the earlier.

(2) 3 months before the expiry of the registration period the Registrar shall issue to the charterer of the ship a renewal notice.

(3) Application for renewal of registration may be made during the last three calendar months of the current registration period.

(4) Application for renewal shall be in a form approved by the Secretary of State and shall be accompanied by a declaration of eligibility and by the certificate of bareboat charter [F12 registry].

Textual Amendments

F11 Word in reg. 83(1)(b) inserted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 15

F12 Word in reg. 83(4) inserted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 15

Commencement Information

I11 Reg. 83 in force at 21.3.1994, see reg. 1(1)

Notification of changes U.K.

84.—(1) If at any time there occurs, in relation to a bareboat charter ship any change affecting the eligibility of the ship to be registered, the charterer of the ship shall, as soon as practicable after the change occurs, notify the Registrar.

(2) Notification made under paragraph (1) shall be made in writing, shall be signed by the charterer and shall specify the nature of the change and the name and the identifying number of the ship.

(3) Any person who contravenes paragraph (1) shall be guilty of an offence.

Commencement Information

I12 Reg. 84 in force at 21.3.1994, see reg. 1(1)

Application of other regulations to this Part U.K.

85.  Regulations 51 (Change in registered particulars of ship), 52 (Change of name), 53 (Transfer of port of choice) and 54 (Re-marking of ship) shall apply to this Part [F13 as if any reference in them to the owner was a reference to the charterer].

Textual Amendments

F13 Words in reg. 85 added (21.3.1994) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1994 (S.I. 1994/541), regs. 1, 12

Commencement Information

I13 Reg. 85 in force at 21.3.1994, see reg. 1(1)

Notification to foreign registries by Registrar U.K.

86.  The Registrar shall notify the responsible authority for registration of ships in the country of primary registration when:—

(a) the ship has been registered as a bareboat charter ship on the British Register, or

(b) the ship’s registration has closed by reason of the expiry of the certificate of registry under regulation 83(1)(b) (Period of registration), or

(c) the ship’s registration has been closed by the Registrar by reason of regulation 87 (Closure of bareboat charter ship’s registration by the Registrar).

Commencement Information

I14 Reg. 86 in force at 21.3.1994, see reg. 1(1)

Closure of bareboat charter ship’s registration by the Registrar U.K.

87.—(1) The Registrar may, subject to regulation 101 (Service of notices), close the registration of a bareboat charter ship:—

(a) on application by the charterer;

(b) on the ship no longer being eligible to be registered;

[F14 (ba) on determining that, at the time of registration, the ship was not eligible to be registered;

(bb) on receipt of a termination direction relating to the ship;]

(c) on the ship being destroyed (which includes, but is not limited to, shipwreck, demolition, fire and sinking);

(d) if, taking into account any requirement of the Merchant Shipping Acts (including any instrument made under them) relating to the condition of the ship or its equipment so far as it is relevant to its safety or to any risk of pollution or to the safety, health and welfare of persons employed or engaged in any capacity on board the ship, he considers that it would be inappropriate for the ship to remain registered.

[F15 (e) if the bareboat charter ship is a fishing vessel which requires a licence to fish but at the time of registration did not have such a licence and has not acquired such a licence within 6 months of the issue of its certificate of bareboat charter registry.]

[F16 (f) where the charterer of a fishing vessel fails to respond to the Registrar within 15 days of a request from him to supply information concerning details on the Register;

(g) where the charterer of a fishing vessel supplies information requested by the Registrar, but that information is either false or incorrect or is reasonably considered by the Registrar to be insufficient;

(h) where under regulation 84 the charterer is required to notify the Registrar, and has not done so;

(i) where under regulation 51 as applied by regulation 85 a person is required to make an application, and has not done so; or

(j) where a fishing vessel certificate has expired.]

(2) On closure of a ship’s registration under paragraph (1) the charterer shall forthwith surrender to the Registrar the certificate of bareboat charter [F17 registry] for cancellation.

Textual Amendments

F14 Reg. 87(1)(ba)(bb) inserted (31.12.2020) by The Merchant Shipping (Registration of Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/509), regs. 1(3), 22; 2020 c. 1, Sch. 5 para. 1(1)

F15 Reg. 87(1)(e) added (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 16(a)

F16 Reg. 87(1)(f)-(j) added (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 16

F17 Word in reg. 87(2) inserted (1.1.1999) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1998 (S.I. 1998/2976), regs. 1, 16(b)

Commencement Information

I15 Reg. 87 in force at 21.3.1994, see reg. 1(1)