The Merchant Shipping (Registration of Ships) Regulations 1993

PART XI REGISTRATION OF SMALL SHIPS

Qualification and entitlement to be registered as a small ship on Part III of the Register

88.  To be eligible to be registered on Part III of the Register a ship must be a small ship other than:—

(a) a fishing vessel, or

(b) a submersible vessel.

Persons qualified to be the owners of a small ship to be registered on Part III of the Register

89.  The following persons are entitled to be the owners of a small ship to be registered on Part III of the Register:—

(a) British citizens or persons who are nationals of a member State other than the United Kingdom and are established (within the meaning of Article 52 of the E.E.C.Treaty) in the United Kingdom;

(b) British Dependent Territories citizens;

(c) British Overseas Citizens;

(d) persons who under the British Nationality Act 1981 are British subjects;

(e) persons who under the Hong Kong (British Nationality) Order 1986 are British Nationals (Overseas); and

(f) Commonwealth citizens not falling within those paragraphs.

British connection

90.  Subject to regulation 93(2) (Details to be registered and refusal) a small ship shall be entitled to be registered if it is owned by one or more persons who are ordinarily resident in the United Kingdom and who are qualified to be the owners of a small ship by virtue of regulation 89 (Persons qualified to be the owners of a small ship to be registered on Part III of the Register).

Disapplication of Schedule I to the Act in respect of small ships

91.  Schedule I to the Act relating to the private law provisions (Transfers by bill of sale and the registration of mortgages) shall not apply to small ships.

Applications

92.  Applications shall be in a form approved by the Secretary of State and shall include:—

(a) a description of the ship;

(b) the overall length of the ship;

(c) the name of the ship;

(d) the name and address of every owner of the ship; and

(e) a declaration by every owner:—

(i) that he is eligible to be the owner of a small ship under regulation 89 (Persons qualified to be the owners of a small ship to be registered on Part III of the Register), and

(ii) that the ship is entitled to be registered on Part III of the Register in accordance with regulation 90 (British connection).

Details to be registered and refusal

93.—(1) On receiving an application for registration and being satisfied that the ship may properly be registered and that the name of the ship does not appear to him to be undesirable, the Registrar shall register the ship and shall record in the Register the following details:—

(a) the registration number of the ship;

(b) the date of registration;

(c) the date of expiry of registration in accordance with regulation 96 (Period of registration); and

(d) the details specified in regulation 92(a) to (d).

(2) Where the Registrar is not satisfied that the ship is eligible to be registered on this Part of the Register, he may, subject to regulation 106 (Requirement for supplementary information), refuse to register the ship.

Certificate of registry

94.  On registration the Registrar shall issue a certificate which shall contain the details recorded in the Register in accordance with regulation 93 (Details to be registered and refusal) save for the address of any owner.

Marking

95.   The person registered as owner of the ship shall ensure that:—

(a) within one month of the date on which the registration of the ship takes effect there is clearly painted on or affixed to a visible external surface of the ship the number of its registration preceded by the letters SSR, and

(b) such marking is effectively maintained and renewed when necessary during the period of the registration of the ship.

Period of registration

96.  The registration of a ship under this Part shall, unless terminated under these Regulations, be valid for a period of 5 years beginning with the date of registration specified in the certificate of registry and shall expire at the end of that period unless it is renewed under regulation 97 (Renewal).

Renewal

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

(2) Application for renewal shall be in writing and be accompanied by a declaration as required by regulation 92(e) (Applications).

Notification of changes of ownership etc.

98.—(1) If at any time there occurs, in relation to a ship registered under this Part:—

(a) any change affecting the eligibility of the ship to be registered as a British ship, or

(b) any change in relation to the address of the registered owner of the ship, or

(c) any details relating to the ship,

the registered owner of the ship shall, as soon as practicable after the change occurs, notify the Registrar.

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

Supplementary information-production of ship

99.—(1) Where it appears to the Registrar that there is any doubt as to the right of the ship to be registered on Part III of the Register, he may require satisfactory evidence to be produced by the person registered as the owner that the ship is entitled to be so registered.

(2) Such evidence may include the production of the ship for inspection at a place and under such conditions as the Registrar requires; and, if the necessary evidence is not provided within 3 months of being so required, he may terminate the registration of the ship.

Termination of registration

100.—(1) In the event of:—

(a) a ship ceasing to be a ship to which this Part applies, or

(b) a change in the details recorded on the certificate of registry,

the registration of the ship shall terminate.

(2) Where the registration of a ship is terminated, the certificate of registry shall cease to have effect and shall, within one month, be surrendered to the Registrar by the person registered prior to the termination as the owner of the ship or, if he has died, by his legal personal representative.