PART VIREGISTRATION

Registration and refusal of registration of a ship

36.—(1) Where a Registrar is satisfied in respect of an application that:—

(a)the ship is eligible to be registered as a British ship; and

(b)the ship has been duly carved and marked and that the appropriate survey or measuring certificate has been provided, and

(c)the particulars of the ship furnished to him are correct, and

(d)title to the ship has been adequately proved (where necessary), and

(e)the relevant requirements of these Regulations have been complied with,

he shall, subject to paragraphs (2), (3) and (4) register the ship by entering in the Register the particulars of the ship and its owners specified in Schedule 4.

(2) The Registrar may refuse to register any fishing vessel 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(1).

(3) The Registrar shall refuse to register any vessel intending to fish in Community waters if that vessel has received a de-commissioning grant or any other financial assistance from the European Commission or a member State on condition that it refrains from fishing in those waters or has been withdrawn from fishing as a condition of an award of a construction grant to another boat.

(4) If the Registrar is not satisfied as mentioned in paragraph (1) he shall, subject to regulation 106 (Requirement for supplementary information), refuse the application.

(5) Notwithstanding that a ship is otherwise entitled to be registered, the Registrar may refuse to register it 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 be registered.