Shipping (Local
Small Ships Registration) (Jersey) Regulations 2004
Made 27th April 2004
Coming into force in
accordance with Regulation 7(2)
THE STATES, in pursuance of Article 13 of the Shipping (Jersey) Law 2002,[1] have made the following
Regulations –
1 Interpretation
In these Regulations –
“Law”
means the Shipping (Jersey) Law 2002;[2]
“local small ship” means a small ship, other than a fishing vessel, that –
(a) is
not otherwise registered under Part 3 of the Law or under the law of a country
outside Jersey; and
(b) is
wholly owned by an individual or individuals ordinarily resident in Jersey;
“local small ships register” means that part of the register mentioned in Regulation 3(1)(a)
of the Shipping (Registration) (Jersey)
Regulations 200-.
2 Registration
of local small ships
(1) The
owner of a local small ship may apply to the registrar to have the ship
registered on the local small ships register.
(2) The
application must –
(a) be
made on a form provided for the purpose by the Registrar; and
(b) be
accompanied by the prescribed fee.
(3) If
the Registrar is satisfied that the ship may properly be registered and that
its name is not inappropriate the Registrar shall register the ship.
(4) The
Registrar shall do so by entering on the local small ships register –
(a) the
number of the registration of the ship;
(b) its
date of registration;
(c) the
date of expiration of its registration;
(d) a
description of the ship;
(e) the
overall length of the ship;
(f) the
name of the ship;
(g) the
name of the owner of the ship; and
(h) the
address of the owner of the ship.
(5) On
the registration of a local small ship the Registrar shall provide its owner
with a certificate of registry that –
(a) certifies
that the ship is registered as a Jersey ship in accordance with the Law; and
(b) contains
the information entered in the local small ships register in respect of the
ship in accordance with paragraph (4)(a) to (g).
(6) Unless
sooner determined the registration of a local small ship is valid for 5 years
from the date of its registration but may be extended or further extended for
periods of 5 years.
(7) An
application to extend the period of registration of a local small ship may be
made by the owner of the ship at anytime before its expiry.
(8) The
application must –
(a) be
made on a form provided for the purpose by the Registrar; and
(b) be
accompanied by the prescribed fee.
(9) If
the Registrar is satisfied that the registration period of the ship may properly
be extended the Registrar shall do so –
(a) by
amending the local small ships register accordingly; and
(b) by sending
a new certificate of registry to the owner of the ship.
3 Marking
(1) The
owner of a ship registered in accordance with these regulations must –
(a) within
one month of the start of its period of registration clearly paint or affix on
an external part of the ship the number of its registration preceded by SSR;
and
(b) thereafter
maintain the number so that it may be clearly seen.
(2) The
Registrar may cancel the registration of the ship if its owner fails to comply
with paragraph (1).
4 Termination
of registration
(1) The
registration of a ship registered in accordance with these Regulations terminates
if –
(a) the
ship ceases to be a local small ship;
(b) its
ownership changes;
(c) its
owner so requests; or
(d) the
Registrar cancels its registration in accordance with Regulation 3(2).
(2) On
the termination of the registration of a ship by virtue of paragraph (1) the
person named in its certificate of registry as its owner must return the
certificate to the registrar.
(3) A
person who fails to comply with the requirement in paragraph (2) within
one month of the termination of the registration is guilty of an offence and
liable to a fine not exceeding level 2 on the standard scale.
(4) It
is a defence for a person charged with an offence under paragraph (3) to
show that the certificate of registry has been lost, stolen or destroyed.
(5) The
Registrar shall cancel an entry in the local small ships register in respect of
a ship if –
(a) the
registration of the ship is terminated in accordance with paragraph (1);
or
(b) the
period of registration of the ship expires and is not renewed.
5 Powers
of Registrar
(1) The
Registrar may on payment of the prescribed fee issue a duplicate certificate of
registry in place of one the Registrar is satisfied has been lost, stolen or
destroyed.
(2) The
Registrar may amend an entry in the local small ships register –
(a) if
satisfied that the entry is incorrect; or
(b) to
correct a clerical error,
and may issue a new certificate of registry after doing so.
6 Schedule
1 of Law not to apply to local small ships
The private law provisions set out in Schedule 1 to the Law shall
not apply to local small ships registered in accordance with these Regulations.
7 Citation
and commencement
(1) These
Regulations may be cited as the Shipping (Local Small Ships Registration)
(Jersey) Regulations 2004.
(2) They
shall come into force on the same date as Article 13 of the Law.
M.N. DE LA HAYE
Greffier of the States.