Shipping
(Registration) (Jersey) Regulations 2004
Made 27th April 2004
Coming into force in
accordance with Regulation 33(2)
THE STATES, in pursuance of Article 13 of the Shipping (Jersey) Law 2002,[1] have made the following
Regulations –
PART 1
GENERAL
1 Interpretation
In these Regulations unless the context otherwise
requires –
“appropriately attested” means attested in a manner approved by the Registrar;
“bareboat charter ship” means a ship to which Article 20 of the Law[2] applies;
“builder’s certificate”, in respect of a ship, means a certificate signed by the
builder of the ship that contains –
(a) a
true account of the proper denomination of the ship;
(b) the
tonnage of the ship, as estimated by the builder;
(c) details
of the date and place where it was built; and
(d) the
name of the person, if any, for whom the ship was built, or the name of the
person to whom it was delivered;
“certificate of registry” means a certificate of registration issued in respect of a
ship registered under the Law;
“declaration of eligibility” means a declaration that complies with Regulation 7(4);
“full registration”, in respect of a fishing vessel,
means registration on an application to which Regulation 7(12)(a) applies;
“Law”
means the Shipping (Jersey.) Law 2002;[3]
“official number”, in respect of a ship, means the number allocated to the
ship in accordance with Regulation 14(1)(a);
“pleasure vessel” has the same meaning as in the Shipping (Tonnage) (Jersey) Regulations 2004;[4]
“port number”, in respect of a fishing vessel, means the number allocated
to the vessel in accordance with Regulation 14(1)(b);
“registered” includes provisionally registered;
“registered ship” means a ship registered under the Law in accordance with
these Regulations;
“representative person”, in relation to a ship, means a person appointed in respect
of the ship in accordance with Regulation 6;
“ship”
means a fishing vessel or a ship, other than a fishing vessel, with a gross tonnage
of less than 400 tons;
“simple registration”, in respect of a fishing vessel,
means registration on an application to which Regulation 7(12)(b) applies.
2 Application
These Regulations do not apply to the part of the register mentioned
in Regulation 3(1)(a) nor to small ships registered in that part.
PART 2
THE REGISTER
3 The
register
(1) The
register shall contain –
(a) a
part in which small ships registered in accordance with the Shipping (Local
Small Ships Registration) Regulations 2004[5] shall be registered;
(b) a
part in which small ships registered in accordance with these Regulations shall
be registered; and
(c) a
part in which fishing vessels registered in accordance with these Regulations shall
be registered,
and may contain such other parts as the Registrar determines to be
necessary to distinguish between classes or descriptions of registered ships.
(2) The
register shall be kept in such form as the Committee may determine.
(3) The
Registrar must make an entry in the register in respect of a ship in the
following way –
(a) the
property in the ship must be divided into 64 shares;
(b) at
any one time not more than 64 people are to be registered as the owners of
the ship;
(c) a
person must not be registered as the owner of part of a share in the ship.
(4) Despite
paragraph (3), the Registrar may register not more than 5 people as the
joint owners of the ship or of a share or shares in it.
(5) Where
paragraph (4) applies –
(a) the
joint owners are to be taken to constitute one person for the purpose of
paragraph (3); and
(b) none
of the joint owners shall be entitled to dispose in severalty of his or her
interest.
(6) The
Registrar may amend an entry in the 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.
(7) The
Registrar must if requested by a person to do so provide the person with a
transcript of an entry in the register certified by the Registrar.
(8) The
Registrar must not register a ship more than once in the register.
(9) The Registrar must not enter details of a trust in the register, whether the trust is
expressed, implied or constructive.
PART 3
ENTITLEMENT FOR REGISTRATION
4 Entitlement
- other than fishing vessels
(1) This
Regulation applies to a ship that is not a fishing vessel.
(2) Each
of the following persons is entitled to be registered as an owner of a ship or
a share in a ship –
(a) an
individual ordinarily resident in Jersey;
(b) an
individual carrying on business in Jersey;
(c) a
body corporate incorporated in a British Island, in a British Overseas
Territory, in a member state of the British Commonwealth of Nations or in a
member state of the European Community;
(d) a
body corporate carrying on business in Jersey;
(e) a
Committee of the States of Jersey;
(f) a
British citizen;
(g) a
British Overseas Territory citizen;
(h) an
individual who under the British Nationality Act 1981 is a British subject;
(i) a
British National (Overseas) within the meaning of that Act;
(j)
a British protected person within the meaning of that Act;
(k) an
individual who under the Hong Kong (British Nationality) Order is a British
National (Overseas);
(l) an
individual not otherwise mentioned in this paragraph who is a citizen of a member
state of the British Commonwealth of Nations;
(m) an
individual not otherwise mentioned in this paragraph who is a citizen of a
member state of the European Community;
(n) a
corporation sole established by an enactment.
(3) Despite
paragraph (2) a person not mentioned in that paragraph may be
registered as an owner of a ship or a share in a ship if a majority interest in
the ship is owned by a person or persons mentioned in that paragraph.
(4) In
this Regulation one or more persons are to be taken as owning a majority
interest in a ship if the legal title to at least 33 shares in the ship is
vested in that person or in those persons.
(5) If a
majority interest in a ship is owned by a body corporate or bodies corporate entitled
under paragraph (2)(c) the Registrar shall not register the ship unless –
(a) the
body corporate or bodies corporate have a place of business in Jersey; or
(b) if
that condition is not satisfied, a representative person is appointed in
relation to the ship.
(6) If a
majority interest in a ship is owned by an individual or individuals entitled
under paragraph (2) the Registrar shall not register the ship
unless –
(a) the
individual or individuals are resident in Jersey or have a place of business in
Jersey; or
(b) if
that condition is not satisfied, a representative person is appointed in
relation to the ship.
(7) Where
a ship is a bareboat charter ship the Registrar shall not register the ship
unless –
(a) the
charterer is resident or has a place of business in Jersey; or
(b) if
that condition is not satisfied, a representative person is appointed in
relation of the ship.
(8) Where
paragraph (7)(b) applies Article 6 shall apply as if the charterer
were the owner of the ship.
5 Entitlement
in respect of fishing vessels
(1) Each
of the following persons is entitled to be registered as an owner of a fishing
vessel or a share in such a vessel –
(a) an
individual ordinarily resident in Jersey;
(b) a
body corporate incorporated in Jersey;
(c) a
Committee of the States of Jersey;
(d) a
corporation sole established by an enactment.
(2) In
general the Registrar shall not register a fishing vessel unless both the legal
and beneficial titles of the vessel are vested wholly in one or more persons
mentioned in paragraph (1).
(3) However
the Registrar may register a fishing vessel even though its owner or owners or
some of them are not individuals mentioned in paragraph (1) if the
Committee advises the Registrar that it considers it is appropriate to do so
having regard to –
(a) the
time the individual or individuals have resided in Jersey; and
(b) their
involvement in the fishing industry of Jersey.
(4) Despite
paragraph (3), if the majority interest in a ship is owned by an
individual or individuals entitled under that paragraph the Registrar shall not
register the ship unless –
(a) the
individual or individuals are resident in Jersey or have a place of business in
Jersey; or
(b) if
that condition is not satisfied, a representative person is appointed in
relation to the ship.
(5) Despite
paragraphs (1) and (3), the Registrar shall not register a fishing vessel
unless –
(a) it
is managed from within Jersey;
(b) its
operations are controlled and directed from within Jersey; and
(c) any
charterer, manager or operator of the vessel is a person mentioned in
paragraph (1) or (3).
6 Appointment
of representative persons
(1) This
Regulation applies if, in accordance with Regulation 4(5), (6) or (7), or
Regulation 5(4) the entitlement of a ship to be registered is conditional
upon a representative person being appointment in respect of the ship.
(2) The
owner of the ship shall –
(a) before
applying for the ship to be registered, appoint to be its representative person
an individual or a body corporate that satisfies a requirement in paragraph
(3); and
(b) ensure
that, so long as the ship remains registered and is a ship to which this
Regulation applies, an individual or a body corporate that satisfies that
requirement continues to be so appointed.
(3) A
person to be appointed a representative person must be –
(a) an
individual resident in Jersey; or
(b) a
body corporate that has a place of business in Jersey.
(4) The
appointment of a representative person must be made on a form approved by the
Registrar.
(5) The
owner of a ship in relation to which a representative person is to be appointed
must send the form of appointment to the Registrar on applying for the ship to
be registered.
(6) The
owner of a registered ship in relation to which a representative person has
been appointed must, within 7 days, notify the Registrar of any change in
the representative person or the address of such a person.
(7) The
notification must be accompanied by the prescribed fee.
(8) The
Registrar shall record the change in the register.
(9) Where
a representative person has been appointed in respect of a ship paragraph (10)
applies to a document that by or under the Law is required to be or may be
served on the owner of the ship.
(10) For the
purposes of the Law the document is duly served on the owner if it is –
(a) delivered
to the representative person;
(b) sent
to the address of the representative person as recorded in the register; or
(c) left
at that address.
(11) An owner
of a registered ship who fails to comply with paragraph (6) shall be
guilty of an offence and liable to a fine not exceeding level 4 on the
standard scale.[6]
PART 4
REGISTRATION
7 Application
for registration
(1) An
application for the registration of a ship must –
(a) be
made to the Registrar on a form approved for the purpose by the Registrar; and
(b) be
accompanied by the prescribed fee.
(2) The
application must be made –
(a) if
the owner is an individual, by the individual;
(b) if
the owner is a body corporate, by a duly authorized officer of the body
corporate;
(c) if
the owner is a Committee of the States, by the president of the Committee;
(d) if
the owner is a corporation sole, by the person who constitutes that
corporation; or
(e) by
an agent acting on behalf of the owner.
(3) The
application must be accompanied by a declaration of eligibility.
(4) The
declaration must be in a form approved by the Registrar.
(5) It
must include –
(a) a
declaration of ownership by each owner setting out the owner’s
entitlement, if any, to own a ship registered under the Law;
(b) a
statement of the number of shares in the ship each owner of a legal title in
the ship owns, whether alone or jointly with any other person or persons; and
(c) in
respect of an application to register a fishing vessel, a statement of the
beneficial ownership of any share that is not beneficially owned by its legal
owner.
(6) An application to
register a ship owned by a body corporate must be accompanied by –
(a) proof
of the incorporation of the body corporate and that it continues to be
incorporated at the time of the application; and
(b) details
of the officers of the body corporate authorized to act on its behalf on the
registration of the ship.
(7) An application for the registration of a ship
that immediately prior to the application was registered on another
register must be accompanied by a certified extract from that register in
respect of that ship.
(8) An
application for the registration of a bareboat charter ship must be accompanied
by –
(a) a
copy of the charter-party showing the name of the ship, the name of the
charterer or charterers, the name of the owner or owners of the ship, the date
of the charter-party and the duration of the charter-party; and
(b) the
certificate of registry or other document issued by the authority responsible
for the registration of ships in the ship’s country of primary
registration showing the ownership of the ship.
(9) If a ship is registered as a bareboat
charter ship the Registrar must, as soon as practicable after registration,
notify the responsible authority for the registration of ships in the ship’s
country of primary registration that the ship has been so registered under the
Law.
(10) An
application to register a ship as a fishing vessel must be accompanied by –
(a) details
of the maximum continuous engine power, determined in accordance with
Article 5 of Council Regulation (EEC) No. 2930/86; and
(b) where
an engine is permanently de-rated, the modification explanation.
(11) If the
Registrar is not satisfied that the engine power details notified to the
Registrar, or recorded, for any fishing vessel are correct, the Registrar may
require the owner to have the engine power measured in accordance with
Article 5 of Council Regulation (EEC) No. 2930/86 and to notify the details
to the Registrar.
(12) An
application to register a ship as a fishing vessel must state whether the
application is for –
(a) full
registration, when the provisions of Schedule 1 of the Law[7] relating to transfers by
bill of sale and the registration of mortgages shall apply to the vessel; or
(b) simple
registration, when those provisions shall not apply.
(13) A
fishing vessel which has been registered with full registration shall not
subsequently be registered with simple registration unless –
(a) it
is not subject to a registered mortgage;
(b) the
vessel has in the meantime been registered outside Jersey; and
(c) the
Registrar consents.
(14) In this
Regulation “beneficial ownership”, in respect of a fishing vessel,
shall be determined by reference to every beneficial interest in the vessel,
however arising (whether held by a trustee or a nominee or arising under a
contract or otherwise), other than an interest held by a person as a mortgagee.
8 Provisional
registration
(1) If
a ship is outside Jersey when application is made to register it the Registrar
may provisionally register it or make arrangements for it to be provisionally
registered.
(2) In which case if the Registrar is satisfied that the ship is eligible for registration the
Registrar may –
(a) register
the ship provisionally; and
(b) issue
or cause to be issued a certificate of provisional registration to the owner of
the ship.
(3) For
the period of its validity a certificate of provisional registration has the
same effect as that of a certificate of registry.
(4) A
provisional registration of a ship is valid until the first of the following
happens –
(a) 3 months
elapse from the grant of provisional registration;
(b) the
ship arrives in Jersey;
(c) the
registration is cancelled by the Registrar on the request of the owner;
(d) the
ship is given full registration; or
(e) in
the case of a provisionally registered fishing vessel, the vessel is used to
fish for profit.
9 Declaration
of intent
(1) This Regulation applies if the ownership of a ship has not passed
(or fully passed) to the person making the application when an application to
register the ship is made.
(2) The
application must be accompanied by a declaration of intent instead of a
declaration of eligibility.
(3) The
declaration must consist of a draft declaration of eligibility setting out
particulars of ownership of the ship as they are intended to be when the ship
is registered.
(4) The
Registrar must not complete the registration of the ship until a duly completed
declaration of eligibility has been submitted to the Registrar.
10 Evidence
of title on first registration
(1) This
Regulation applies on the first registration of a ship under the Law other than
a fishing vessel to be registered with simple registration.
(2) In
the case of a new ship the application must be accompanied by the builder’s
certificate.
(3) In
the case of pleasure vessel that is not new the application must be accompanied
by a bill or bills of sale that show the ownership of the vessel –
(a) for
the 5 years immediately before the application; or
(b) if
the vessel was first registered elsewhere within that period, for the period
since that registration.
(4) In
the case of fishing vessel that is not new the application must be accompanied
by a bill or bills of sale that show the ownership of the vessel –
(a) for
the 3 years immediately before the application; or
(b) if
the vessel was first registered elsewhere within that period, for the period
since that registration.
(5) In
the case of any other ship the application must be accompanied by one bill of
sale that shows the most recent transfer of the ownership of the ship.
(6) The
Registrar may accept other evidence of title if the evidence required by
paragraph (2), (3) (4) or (5) is not available.
11 Appointment
of managing owner
(1) This
Regulation applies to an application to register a ship –
(a) that
has more than one owner; or
(b) the
shares in which are owned by more than one owner,
but does not apply to a ship in respect of which a representative
person has been appointed.
(2) One
of the owners of the ship, being a person resident in Jersey, must be nominated
by the other owners as its managing owner.
(3) The
Registrar shall indicate in the register who is the managing owner and shall
correspond with all the owners of the ship through the address recorded in the register
in respect of that owner.
(4) The
Registrar must amend the register accordingly if the owners subsequently inform
the Registrar that a different managing owner has been nominated.
(5) Where a managing owner has been
appointed in respect of a ship paragraph (6)
applies to a document that by or under the Law is required to be or may
be served on the owners of the ship.
(6) For
the purposes of the Law the document is duly served on all the owners if it
is –
(a) delivered
to the managing owner;
(b) sent
to the address of the managing owner as recorded in the register; or
(c) left
at that address.
12 Measurement
of ship
The Registrar must not register a ship unless –
(a) it
has been measured in accordance with the Shipping
(Tonnage) (Jersey) Regulations 2004;[8] and
(b) a
certificate issued by the Certifying Authority, surveyor or authorized measurer
in accordance with those Regulations in respect of the ship has been delivered
to the Registrar.
13 Names
of ship
(1) An
application for the registration of a ship must include a proposed name for the
ship that uses Roman letters
with any numerals being in Roman or European numerals.
(2) The
proposed name must not be a name that –
(a) is
already the name of a registered ship;
(b) is
so similar to that of a registered ship as may cause confusion;
(c) may
be confused with a distress signal;
(d) has
a pre-fix or suffix that could be taken to indicate a type of ship; or
(e) has
a pre-fix or suffix that might cause confusion as to the name of the ship.
(3) The proposed name must
not be a name that –
(a) is
likely to cause offence or embarrassment; or
(b) has
a clear and direct connection with the Royal family.
(4) The Registrar must give
the applicant written notice if a proposed name is approved or not approved,
stating, if it is not approved, the grounds for the Registrar not approving it.
(5) The
Registrar’s approval of a name for a ship is initially valid for 12 months
from the time notice is given under paragraph (4) but may be extended or
further extended by the Registrar on the written request of the applicant.
(6) The name of a registered
ship cannot be changed except with the written approval of the Registrar.
14 Allocation
of official number and port number
(1) The
Registrar shall after the receipt of an application for the first registration
of a ship and being satisfied that the ship is eligible to be registered
allocate to the ship –
(a) a
register number; and
(b) in
the case of a fishing vessel, also a port number, being a number preceded by
the letter J.
(2) The
Registrar shall also issue a carving and marking note in respect of the ship.
(3) The
note shall show the port of registration of the ship as “Jersey”.
15 Marking
(1) This Regulation applies where a carving and marking note is issued to the owner of a ship on the
first registration of the ship.
(2) The
owner must –
(a) have
the ship carved and marked in accordance with Schedule 1; and
(b) have
the ship’s carving and marking inspected by a person appointed for the
purpose by the Registrar.
(3) That
person must certify to the Registrar whether or not the ship has been correctly
carved and marked.
(4) The
Registrar must not register a ship until satisfied that it has been correctly
carved and marked.
(5) The
Registrar may cancel a carving and marking note if not satisfied that the
carving and marking authorized by the note has been correctly carried out
within 3 months of its issue.
(6) If
the registrar cancels a carving and marking note the application for
registration is to be taken as having been withdrawn.
16 Registration
(1) The
Registrar may register a ship if satisfied that –
(a) it
is eligible to be registered;
(b) the
title to the ship has been adequately proved;
(c) the
particulars of the ship furnished to the Registrar are correct;
(d) it
has been correctly carved and marked;
(e) any
necessary survey or measuring certificate has been provided;
(f) any
other legislative requirement relating to the registration of the ship has been
complied with;
(g) all
prescribed fees have been paid.
(2) The
Registrar may refuse to register a ship despite its compliance with
paragraph (1) if the Registrar considers that it would be right to do so
taking into account the requirements of the Law relating to the condition of
the ship and its equipment in so far as they are relevant to –
(a) the
ship’s safety;
(b) any
risk of pollution caused by the ship;
(c) the
safety, health and welfare of persons employed or engaged on board the ship; or
(d) the
numbers and qualifications of officers, doctors, cooks and other seamen that
are required to be carried on the ship.
(3) Without
prejudice to paragraph (1)(f), the Registrar shall refuse to register a
fishing vessel if the Registrar is not satisfied that there is in force in
respect of the vessel or will shortly be in force in respect of the vessel any
certificate required under Article 85 of the Law[9] or under the Shipping (Fishing Vessels Safety Provisions) (Jersey)
Order 200-.
(4) The
Registrar shall refuse to register as a fishing vessel a ship the Registrar is
satisfied is intended to be used to fish in Community waters despite its
compliance with paragraph (1) if the vessel –
(a) 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
(b) has
been withdrawn from fishing as a condition of an award of a construction grant
to another boat.
(5) The
Registrar shall register a ship by entering in the appropriate part of the register
the particulars of the ship and of its owners specified in Schedule 2.
(6) The
Registrar must on registering a ship issue to its owner a certificate of
registry that contains the particulars specified in Schedule 3.
(7) The
Registrar must retain –
(a) a
copy of the evidence of title produced on first registration;
(b) any
certificate of measurement or survey;
(c) any
declaration of eligibility; and
(d) any
document mentioned in Regulation 7(6) (in respect of ownership by a body
corporate); and
(e) in
the case of a fishing vessel that has had its engine power permanently
de-rated, the modification explanation submitted to the Registrar in accordance
with Regulation 7(10)(b); and
(f) in
the case of a fishing vessel changing from simple registration to full
registration, a copy of the evidence adduced for that change.
(8) The
registrar may return any original evidence of title after stamping it to
indicate that it has been used in the registration of the ship.
(9) The
registration of a ship is valid for 10 years from the date of registration
except in the case of –
(a) a
bareboat charter ship when it is valid for 10 years from the date of
registration or until the termination of the charter-party in respect of the
ship, whichever is the shorter period; or
(b) a
fishing vessel when it is valid for 5 years or until any sooner change in
the particulars of the vessel or in its ownership.
17 Renewal
of registration
(1) The
owner of a ship may apply for the renewal of its registration during the last 2
years of its period of registration.
(2) An
application for renewal must be made on a form approved for the purpose by the
Registrar.
(3) It
must be accompanied by –
(a) a
declaration of eligibility;
(b) a
declaration that there have been no changes to any registered details of the
ship that have not been notified to the Registrar; and
(c) the
prescribed fee.
(4) If
the information has not previously been supplied, an application for the
renewal of the registration of a fishing vessel must be accompanied
by –
(a) details
of its maximum continuous engine power, determined in accordance with
Article 5 of Council Regulation (EEC) No. 2930/86; and
(b) where
its engine is permanently de-rated, the modification explanation.
(5) If
an application is not made to renew the registration of a ship within the
3 months following the period of validity of it registration the ship
ceases to be registered.
(6) The
Registrar must on a ship ceasing to be registered notify each mortgagee of the
ship noted on the register that the ship has ceased to be registered.
(7) Once
a ship has ceased to be registered it may only be registered on an application
made in accordance with Regulation 7 (first registration) except that if
the application is made within 1 year of the ship ceasing to be registered
Regulation 12 (measurement of ship) does not need to be complied with.
(8) The Registrar must notify the
responsible authority for the registration of ships in the country of primary
registration of a ship that has been registered as a bareboat charter ship
under the Law if the ship’s registration is closed.
PART 5
TRANSACTIONS IN RESPECT OF REGISTERED
SHIPS
18 Transfer
of ownership
(1) This
Regulation applies if –
(a) there
is a transfer in the ownership of a registered ship or in the ownership of a
share or shares in a registered ship; and
(b) as
a result of the transfer the ship continues to have a Jersey connection.
(2) The
registered owner must, as soon as practicable –
(a) give
the Registrar details of the transfer; and
(b) surrender
the certificate of registry to the Registrar.
(3) The
new owner may within 90 days of the transfer apply to the Registrar for
the transfer to be registered.
(4) If
the transfer was of the ownership of the ship and an application is not made in
accordance with paragraph (3) the Registrar must serve a notice on the new
owner notifying the owner that unless an application for the transfer to be
registered is made within 30 days of the service of the notice the
registration of the ship may be cancelled.
(5) If
the transfer was of the ownership of a share or of shares in the ship and an
application for the transfer to be registered is not made in accordance with
paragraph (3) the Registrar must serve a notice on the new owner and the
remaining registered owner or owners notifying them that unless an application
for the transfer to be registered is made within 30 days of the service of
the notice the registration of the ship may be cancelled.
(6) Except
where the ship is a fishing vessel registered with simple registration, the
transfer of a registered ship or a share or shares in such a ship must be by
way of a bill of sale –
(a) that
is in a form approved for the purpose by the Registrar; and
(b) that
is appropriately attested and contains a description of the ship sufficient to
identify it.
(7) The
transfer of a fishing vessel that is registered with simple registration or a
share or shares in such a vessel must be by way of a transfer –
(a) that
is in a form approved for the purpose by the Registrar; and
(b) that
contain a description of the ship sufficient to identify it
(8) An
application to register the transfer must be made by the new owner producing to
the Registrar –
(a) the
bill of sale or transfer;
(b) where
required, a declaration of eligibility; and
(c) if
the new owner is a body corporate, the document or documents mentioned in
Regulation 7(6),
and paying the prescribed fee.
(9) If
the Registrar grants the application the Registrar must –
(a) enter
the name of the new owner in the register as the registered owner of the ship,
or share or shares;
(b) endorse
on the bill of sale or transfer the fact that the entry has been made, together
with the date and time when it was made; and
(c) return
the bill of sale or transfer to the registered owner while retaining a copy of
it.
(10) On the
registration the Registrar must issue a certificate of registry to the
registered owner.
(11) The
certificate of registry shall be valid for the period mentioned in
Regulation 16(9).
(12) The
Registrar must serve a notice under paragraph (13) on the owner or owners
of a ship if –
(a) the
owner has failed to respond to a notice served in accordance with
paragraph (4) or (5); or
(b) the
Registrar is satisfied that by virtue of the transfer the ship is no longer
eligible to be registered.
(13) The
notice shall state –
(a) that
the ship’s registration will be cancelled 14 days after the service
of the notice; and
(b) why
the Registrar is cancelling the registration.
(14) The
Registrar shall cancel the registration in accordance with the notice and amend
the register accordingly.
(15) A person
who fails to comply with paragraph (2) shall be guilty of an offence and
liable to a fine not exceeding level 3 on the standard scale.[10]
19 Transmission
of ownership
(1) This
Regulation applies if –
(a) there
is a transmission in the ownership of a registered ship or in the ownership of
a share or shares in a registered ship by lawful means other than by virtue of
a transfer mentioned in Regulation 18; and
(b) the
ship continues to have a Jersey connection.
(2) The
registered owner or the person with the lawful power to transfer ownership of
the ship must, as soon as practicable –
(a) give
the Registrar details of the transmission; and
(b) surrender
the certificate of registry to the Registrar.
(3) The
new owner may within a reasonable time of the transmission apply to the
Registrar for the transmission to be registered.
(4) If
the transmission was of the ownership of the ship and an application is not
made in accordance with paragraph (3) the Registrar must serve a notice on
the new owner notifying the owner that unless an application for the
transmission to be registered is made within 30 days of the service of the
notice the registration of the ship may be cancelled.
(5) If
the transmission was of the ownership of a share or of shares in the ship and
an application for the transmission to be registered is not made in accordance
with paragraph (3) the Registrar must serve a notice on the new owner and
the remaining registered owner or owners notifying them that unless an
application for the transmission to be registered is made within 30 days
of the service of the notice the registration of the ship may be cancelled.
(6) An
application under paragraph (3) must –
(a) be
in a form approved for the purpose by the Registrar; and
(b) contain
the name of the ship.
(7) The
application must be accompanied by –
(a) where
required, a declaration of eligibility;
(b) if
the new owner is a body corporate, the document or documents mentioned in
Regulation 7(6);
(c) the
prescribed fee; and
(d) the
document mentioned in paragraph (8).
(8) The
document is –
(a) if
the transmission was consequent on death, the grant of representation or an
office copy of it or of an extract from it;
(b) if
the transmission was consequent on bankruptcy, such evidence as would be
receivable in a court as proof of title of the person claiming under the
bankruptcy;
(c) if
the transmission was consequent on an order of a court, a copy of the order or
judgment of the court.
(9) In
paragraph (8)(a) “representation” means the instrument that
constitutes a person to be the executor, administrator or other legal
representative of a deceased person.
(10) If the
Registrar grants the application the Registrar must –
(a) enter
the name of the new owner in the register as the registered owner of the ship,
or share or shares; and
(b) issue
the certificate of registry to the registered owner.
(11) The
certificate of registry shall be valid for the period mentioned in
Regulation 16(9).
(12) The
Registrar must serve a notice containing the information mentioned in
paragraph (13) on the owner or owners of a ship if –
(a) there
has been a failure to respond to a notice served in accordance with
paragraph (4) or (5); or
(b) the
Registrar is satisfied that by virtue of the transmission the ship is no longer
eligible to be registered.
(13) The
notice shall state –
(a) that
the ship’s registration will be cancelled 14 days after the service
of the notice; and
(b) why
the Registrar is cancelling the registration.
(14) The
Registrar shall cancel the registration in accordance with the notice and amend
the register accordingly.
(15) A person
who fails to comply with paragraph (2) shall be guilty of an offence and
liable to a fine not exceeding level 3 on the standard scale.[11]
20 Change
in registered particulars of ship
(1) This
Regulation applies if there is a change –
(a) in
the registered particulars of a ship; or
(b) in
the name or address of an owner entered in the register.
(2) The
registered owner or, if there are more than one, all the owners must as soon as
practicable apply to the Registrar for the change to be recorded in the register.
(3) The
application must be in writing and must be accompanied by –
(a) the
certificate or certificates of registry issued in respect of the ship;
(b) such
evidence in respect of the change as the Registrar may require in order to be
satisfied as to the change; and.
(c) the
prescribed fee.
(4) If
the change is in the tonnage of the ship, the registered owner or owners
must –
(a) have
the ship measured in accordance with
the Shipping (Tonnage) (Jersey)
Regulations 2004;[12] and
(b) deliver
to the Registrar the certificate issued in respect of the ship by the
Certifying Authority, surveyor or authorized measurer in accordance with those
Regulations.
(5) The
Registrar shall after recording the change in the register amend or replace the
existing certificate or certificates.
(6) A replacement
certificate of registry issued under paragraph (5) shall be expressed to
expire on the same date as the one it replaced.
(7) A
person who fails to comply with paragraph (2) shall be guilty of an
offence and liable to a fine not exceeding level 4 on the standard scale.[13]
21 Change
of name
(1) This
Regulation applies where the owner or owners of a registered ship wish to
change its name.
(2) The
owner or, if there are more than one, all the owners must apply to the
Registrar on a form approved for the purpose by the Registrar.
(3) The
application must be accompanied by –
(a) the
certificate or certificates of registry issued in respect of the ship; and
(b) the
prescribed fee.
(4) The
Registrar shall approve the proposed name if satisfied that it complies with
Regulation 13(1), (2) and (3).
(5) The
Registrar shall issue to the owner or owners a marking note in respect of the
approved name.
(6) The
Registrar shall upon being satisfied that the ship has been marked with the
approved name –
(a) record
the new name in the register; and
(b) amend
or replace the existing certificate or certificates.
(7) A replacement
certificate of registry issued under paragraph (6)(b) shall be expressed
to expire on the same date as the one it replaced.
22 Other
changes
(1) This
Regulation applies in respect of a registered ship if –
(a) the
entitlement of its owner or, if there are more than one, any of them, to be
registered as an owner of a ship or a share in a ship changes or ceases; or
(b) in
the case of a fishing vessel, there is a change in the legal or beneficial
title of the vessel or any share in the vessel, or there is a change in respect
of the vessel in any of the matters mention in Article 5(4).
(2) The
Registrar must be notified of the change as soon as practicable.
(3) A
person who fails to comply with paragraph (2) shall be guilty of an
offence and liable to a fine not exceeding level 4 on the standard scale.[14]
23 Removal
from the register
(1) The
Registrar shall cancel a ship’s registration if –
(a) the
owner or, if there are more than one, all the owners of the ship apply to the
Registrar for its registration to be cancelled;
(b) a
registered owner of the ship or of any share in it has changed and the
Registrar has not been notified of the change in accordance with these
Regulations;
(c) the
Registrar is satisfied that the ship has ceased to be eligible to be
registered;
(d) the
ship is destroyed, or sunk or shipwrecked and is not recovered;
(e) the
Registrar is satisfied that it would be inappropriate for the ship to continue
to be registered taking into account, in particular, the requirements of the
Law relating to the condition of the ship and its equipment, to its safety, to
the risk of pollution caused by the ship, and to the safety, health and welfare
of persons employed or engaged on board the ship;
(f) a
penalty imposed on an owner of the ship or of any share in it in respect of a
contravention of the Law, or of an instrument in force under the Law, has
remained unpaid for 3 months (and no appeal against the penalty is
pending);
(g) a
summons for such contravention was duly served on the owner of the ship or
share but the owner failed to appear at the time and place appointed for the
trial and 3 months has elapsed since that failure;
(h) in
the case of a fishing vessel, the vessel requires a licence to fish but has
ceased to be so licensed for a continuous period of 6 months or more, or
has failed to acquire such a licence within 6 months of the issue of its
certificate of registry;
(i) on
a request by the Registrar to supply information required by the Registrar for
the purposes of these Regulations, an owner of the ship or of any share in it
has failed to supply the information within 30 days of the request being
made or has provided information that is false or incorrect, or that is
reasonably considered by the Registrar to be insufficient;
(j) an
owner of the ship or of any share in it has failed to make an application in
accordance with Article 20(2) or has failed to notify the Registrar in
accordance with Article 22(2).
(2) If
the Registrar cancels the registration of a ship the Registrar
must –
(a) on
payment of the prescribed fee issue a closure transcript to the owner or owners
of the ship; and
(b) notify
any mortgagees noted on the register of the termination of the registration and
the reason for it.
(3) An
owner of a ship who fails to return the certificate of registry of the ship to
the Registrar for cancellation on the ship ceasing to be registered, whether by
expiration of the registration period or otherwise, shall be guilty of an
offence and liable to a fine not exceeding level 3 on the standard scale.[15]
(4) In
this Regulation “closure transcript”, in respect of a ship, means a
certified extract from the register that show –
(a) that
the entry in the register in respect of the ship has been closed;
(b) the
date of its closure; and
(c) details
of the ship and its ownership at the time of closure.
24 Mortgage
(1) This
Regulation applies to a mortgage of a registered ship (not being a fishing
vessel registered with simple registration) or of a share or shares in such a ship.
(2) A
mortgage and a discharge of a mortgage must be in a form approved by the Registrar.
(3) Each
must be appropriately attested.
(4) The
Registrar shall on receipt of a mortgage and the prescribed fee register the mortgage –
(a) by
entering details of the mortgage in the register together with the date and
time of the registration; and
(b) by
endorsing that date and time on the mortgage.
(5) The
Registrar shall on receipt of a discharge of a mortgage and the prescribed fee
register the discharge –
(a) by
entering details of the discharge in the register together with the date and
time of the registration; and
(b) by
endorsing that date and time on the discharge.
25 Registration
of interest of intending mortgagee
(1) An
intending mortgagee of a registered ship or of a share or shares in such a ship
(not being a fishing vessel registered with simple registration) may give the
Registrar a priority notice.
(2) The
Registrar shall on receipt of a priority notice and the prescribed fee record
the notice in the register.
(3) The
notice must be in a form approved by the Registrar and must contain –
(a) the
name of the ship;
(b) the
name address and signature of the intending mortgagor;
(c) the
number of shares to be mortgaged; and
(d) the
name and address of the intending mortgagee.
(4) The
Registrar shall record the interest in the register even though the ship may
not be registered at the time the notice is given.
(5) In
that case, if the ship is subsequently registered the Registrar must register
the ship –
(a) subject
to the interest; or
(b) if
the mortgage has been executed and produced to the Registrar, subject to the
mortgage.
(6) If
when the notice mentioned in paragraph (1) is given the ship is not
registered, the notice must also include –
(a) any
present name of the ship;
(b) the
intended name of the ship;
(c) the
approximate length of the ship; and
(d) if
the ship is neither a new ship nor a registered ship, details of any permanent
marks on the ship that enable it to be clearly identified.
(7) And
the notice must be accompanied –
(a) if
the ship is registered outside Jersey, by a copy of its certificate of registry
or other document evidencing its registration and port of registration;
(b) if
the ship is a new ship, by a builder’s certificate or if that is not
available a document evidencing the name and address of the builder and the
ship’s yard number.
(8) A
notice of an intended mortgage when recorded in the register shall have effect
for the purpose of paragraph 9(1) of Schedule 1 to the Law[16] as if the mortgage had been
registered at the time when the notice was recorded in the register.
(9) Notification
under paragraph (1) ceases to have effect –
(a) if
it is withdrawn; or
(b) unless
it is renewed, 30 days after the notification was given.
(10) A person
who has given notification under paragraph (1) may renew or further renew the
notification for 30 days by –
(a) giving
written notice of renewal in a form approved by the Registrar to the Registrar
before the notification ceases to have effect; and
(b) paying
the prescribed fee.
26 Transfer
or transmission of mortgage
(1) The
instrument of transfer of a mortgage of a registered ship (not being a fishing
vessel registered with simple registration) or of a share or shares in such a
ship must be in a form approved by the Registrar and must be appropriately
attested.
(2) If
a mortgage of a registered ship (not being a fishing vessel registered with
simple registration) or of a share or shares in such a ship is transmitted to a
person by lawful means other than by an instrument mentioned in
paragraph (1) the person must produce to the Registrar a document
mentioned in paragraph (3).
(3) The
document is –
(a) if
the transmission was consequent on death, the grant of representation or an
office copy of it or of an extract from it;
(b) if
the transmission was consequent on bankruptcy, such evidence as would be
receivable in a court as proof of title of the person claiming under the
bankruptcy;
(c) if
the transmission was consequent on an order of a court, a copy of the order or
judgment of the court.
(4) In
paragraph (3)(a) “representation” means the instrument that
constitutes a person to be the executor, administrator or other legal
representative of a deceased person.
(5) When
an instrument or document mentioned in paragraph (1) or (2) is produced to
the Registrar and the prescribed fee has been paid the Registrar
must –
(a) enter
the name of the transferee in the register as mortgagee of the ship or share or
shares; and
(b) endorse
on the instrument or document the date and time when the entry was made.
27 Documents
not in the English language to be accompanied by a translation
A document produced in support of an application or transaction
under these Regulations that is not in English must be accompanied by a
notarised translation of the document in English.
28 Dispensing
with declarations
(1) If under these
Regulations a person is required to make a declaration but is unable to do so
and can satisfy the Registrar that this is due to a reasonable cause, the
Registrar may on such terms as the Registrar thinks fit, dispense with the
declaration.
(2) If
under these Regulations evidence is required to be produced to the Registrar,
but the evidence is unable to be produced and the Registrar is satisfied that
this is due to a reasonable cause, the Registrar may on production of such
other evidence as the Registrar considers appropriate, dispense with the
evidence.
29 Requirement
for supplementary information
(1) If the Registrar is
not satisfied by the information provided on an application for registration of
a ship that the ship is eligible for registration, the Registrar may require
supplementary information or evidence to be provided.
(2) If
the Registrar is not satisfied by the information or evidence provided in
respect of any other application or transaction made under or in accordance
with these Regulations, the Registrar may require supplementary information or
evidence to be provided.
(3) In
either case the Registrar may also require the ship to be produced to the Registrar.
30 Duplicate
certificates
(1) The
Registrar may, on payment of any prescribed fee, issue or make arrangements for
the issue of a duplicate certificate of registry if the Registrar is satisfied
that a certificate of registry has been lost, stolen, destroyed or defaced or
has become illegible.
(2) A
duplicate certificate of registry shall be marked as such and shall be of the
same effect as the original.
(3) If
the owner of a ship recovers the certificate of registry of the ship after a
duplicate has been issued the owner is guilty of an offence and liable to a
penalty not exceeding level 3 on the standard scale[17] if the owner does not send
the original to the Registrar as soon as practicable.
(4) If
the Registrar is satisfied that a duplicate certificate can be issued in
respect of a ship that is away from Jersey the Registrar may send a copy of the
duplicate to the ship by electronic means.
31 Transfers
within the register
(1) The
Registrar may transfer the registration of a ship to a different part of the register
on receipt of an application in a form approved for the purpose by the
Registrar accompanied by –
(a) the
prescribed fee; and
(b) such
information and evidence as the Registrar may require to be satisfied that the
ship is eligible to be registered in the new part.
(2) On
a transfer in accordance with paragraph (1) all entries in the register
relating to the ship (including any entries relating to mortgages) shall be
transferred.
32 Transitional
provision
(1) This
Regulation applies to a ship –
(a) that
by virtue of paragraph 4(1) of Schedule 9 to the Law[18] is to be taken to have been
registered under Part 3 of the Law[19] on the commencement of that
Part; and
(b) that
on that commencement had been registered as a British ship for a period
exceeding that applicable to the ship by virtue of Regulation 16(9).
(2) The
registration of the ship shall continue for the period applicable to the ship
by virtue of Regulation 16(9) as if the ship had been registered on the
commencement of Part 3 of the Law[20] but shall terminate if
during that period the ship or any interest in it is transferred.
PART 6
CITATION AND COMMENCEMENT
33 Citation
and commencement
(1) These
Regulations may be cited as the Shipping (Registration) (Jersey)
Regulations 2004.
(2) They
shall come into force on the same date as Article 13 of the Law.[21]
M.N. DE LA HAYE
Greffier of the States.
SCHEDULE 1
(Regulations 15(2)(a))
CARVING AND MARKING
1. This Schedule
sets out how a ship must be permanently and conspicuously marked before it can
be registered.
2. However, if the Registrar considers it appropriate to do so, the
Registrar may –
(a) exempt
a class of ship from all or any of the requirements of this Schedule, with or
without compliance with conditions; or
(b) in
respect of a particular ship, amend a requirement in such manner as the
Registrar considers appropriate.
3.-(1) Subject to clause 4, the name of the ship
must be marked on each of its bows, and its name and “Jersey”, or
in the case of a pleasure vessel, “Yacht Club” must be marked on
its stern.
(2) If
the background is dark the marking is to be in a light contrasting colour and
if it is light it is to be in a dark contrasting colour.
(3) The
ship’s official number and the number denoting its registered tonnage
must be cut on its main beam.
(4) In all
cases the letters or numbers must be no less than 10 centimetres high or such
other greater or lesser height as the Registrar may direct, and of proportional
breadth.
4.-(1) In the case of a fishing vessel –
(a) its
name and “Jersey” must be painted in white on a black background or
in black on a white background outside the stern of the vessel in letters that
are not be less than 8 centimetres in height and 1.5 centimetres in
breadth,
(b) the
port number of the vessel must be painted or displayed on both sides of the bow
and on each quarter, as high above the water as possible so as to be clearly
visible from the sea and the air, in white on a black background or black on a
white background.
(2) The
port number of a fishing vessel must –
(a) be at
least 25 centimetres high with a line thickness of at least 4 centimetres
if the vessel is not over 17 metres in length or at least 45 centimetres
high with a line thickness of at least 6 centimetres if the vessel is over
17 metres in length; and
(e) be
painted or displayed on the wheel house top or some other prominent horizontal
surface.
(3) A
fishing vessel’s official number must be carved into its main beam.
5.-(1) If compliance with a provision of clause 3
or 4 is not practical the Registrar may allow a ship to be marked in accordance
with this clause.
(2) The
ship’s official number and registered tonnage may be –
(a) marked
on its main beam or, if there is no main beam, on a readily accessible visible
permanent part of the structure of the ship either by cutting in, centre
punching or raised lettering; or
(b) engraved
on a plate of metal, wood or plastic, secured to the main beam or, if there is
no main beam, to a readily accessible visible permanent part of the structure
with rivets, through bolts with the ends clenched or screws with the slots
removed.
(3) The
name of the ship and “Jersey”, or in the case of a pleasure vessel,
“Yacht Club” may be marked on a conspicuous and permanent part of
the stern of the ship –
(a) by engraving
on plates of metal or of plastic, or by cutting in on a shaped wooden chock; or
(b) by individual
durable letters and numbers,
in each case permanently fixed to the hull and painted with a
suitable protective coating
6.-(1) A scale of decimetres, or metres and
decimetres, denoting a draught of water must be marked on each side of a ship’s
stem and its stern post.
(2) The
scale must be marked –
(a) in
figures in 2-decimetre intervals, if the scale is in decimetres; and
(b) in
figures at each metre interval and at intervening 2-decimetre intervals, if the
scale is in metres and decimetres.
(3) The
capital letter ‘M’ must be placed after each metre figure.
(4) The
top figure of the scale must show both the metre and (except where it marks a
full metre interval) the decimetre figure.
(5) The
lower line of a figure must coincide with the draught line denoted by the
figure.
(6) The
figures and letters must be not less than one decimetre in length.
(7) The
figures and letters must be marked by being cut in and painted in a light
contrasting colour on a dark ground or in such other manner as the Registrar
may approve.
SCHEDULE 2
(Regulations 16(5))
DETAILS TO GO ON REGISTER
1. The
following information is to be registered about each owner who is an individual –
(a) surname,
forename and title;
(b) address;
(c) nationality;
(d) number
of shares owned by the owner, and if held jointly, with whom the shares are
held;
(e) the
name of the managing owner; and
(f) the
name and address of any representative person.
2. The
following information is to be registered about each owner that is a body
corporate –
(a) name
of the body corporate;
(b) the
address of its registered or main office or principal place of business;
(c) number
of shares owned by the company, and if held jointly, with whom the shares are
held;
(e) the
name of the managing owner; and
(f) the
name and address of any representative person.
3. If a
Committee of the States is an owner of a ship the name of the Committee is to
be entered in the register.
4. If a corporation
sole is an owner of a ship, the name of the corporation sole is to be entered
in the register.
5. The
following information is to be registered about ships, other than fishing
vessels, registered in the register –
(a) name;
(b) any
IMO Number;
(c) any
radio call sign;
(d) official
number and any applicable EC number;
(e) year
built;
(f) any
method of propulsion e.g. sail, steam, motor or dumb;
(g) where
built;
(h) name
and address of builders;
(i) date
keel laid/when built;
(j) length-metric
units;
(k) breadth-metric
units;
(l) depth-metric
units;
(m) type of
ship;
(n) material
used to construct hull;
(o) gross
tonnage;
(p) net
tonnage;
(q) registered
tonnage;
(r) make
and model of any engine(s);
(s) total
power of any engines in kilowatts;
(t) any
hull identity number (HIN).
6. The following information is to be registered about fishing vessels
registered on the register –
(a) official
number and any EC Number;
(b) IMO
number;
(c) port
number;
(d) name;
(e) radio
call sign;
(f) whether
full or simple registration;
(g) material
used to construct hull;
(h) name
of builder;
(i) year
of build;
(j) place
and country of build;
(k) date
of entry into service;
(l) overall
length-metric units;
(m) registered
length-metric units;
(n) breadth-metric
units;
(o) depth-metric
units;
(p) gross
tonnage;
(q) net
tonnage;
(r) maximum
continuous engine power in kilowatts, or, if the owner notifies the Registrar
of a modification, permanently de-rated engine power in kilowatts;
(s) make
and model of engine;
(t) number
of cylinders;
(u) number
of engines;
(v) number
of revolutions per minute;
(w) modification
explanation.
8. The
following additional information is to be registered in respect of a bareboat
charter ship –
(a) the
name and address of its owner;
(b) the
name and address of its charterer;
(c) any
national unique identifier or official number;
(d) its
country of original registration;
(e) the
commencement date of the charter period and its expiry date;
(f) the
name (or a translation of the name) by which the ship was known on the register
on which the ship was registered at the time the application was made to
register the ship as a bareboat charter ship.
SCHEDULE 3
(Regulations 16(6))
DETAILS TO GO ON CERTIFICATE OF REGISTRY
1. A
certificate of registry for a ship –
(a) must
contain the full name and address of its owner or of each of its owners
showing, if it has more than one owner, the number of shares owned by each
owner and if any are jointly owned, with whom they are owned; and
(b) in
the case of a fishing vessel, must also contain the name and address of any
charterer.
2. A
certificate of registry for a ship, other than a fishing vessel, must specify
the ship’s –
(a) name;
(b) IMO
number, if any;
(c) radio
call sign, if any;
(d) official
number and any applicable EC number;
(e) year
built;
(f) method
of propulsion;
(g) length
in metric units;
(h) breadth
in metric units;
(i) depth
in metric units;
(j) type;
(k) gross
tonnage;
(l) net
tonnage;
(m) registered
tonnage;
(n) make
and model of any engine;
(o) power
in kilowatts of any engine;
(p) hull
identity number (HIN), if any.
3. A
certificate of registry for a fishing vessel registered must specify the vessel’s –
(a) name;
(b) official
number and any applicable EC number;
(c) IMO
number;
(d) port
number;
(e) radio
call sign, if any;
(f) registered
length in metric units;
(g) overall
length in metric units;
(h) breadth
in metric units;
(i) depth
in metric units;
(j) net
tonnage;
(k) gross
tonnage;
(l) engine
make and model;
(m) maximum
continuous engine power, in kilowatts, or if the owner notifies the Registrar
of a modification, permanently de-rated engine power in kilowatts,
(n) year
built;
(o) date
of entry into service;
(p) modification
explanation,
and must also state whether the vessel’s registration is full
or simple registration.
4. A
certificate of registry for a bareboat charter ship must also
specify –
(a) the
name and address of the charterer;
(b) a
national unique identifier or official number;
(c) its
country of primary registration;
(d) its
original name (or a translation of it) if different from its registered name.
5. A
certificate of registry for a ship must show the date of issue of the
certificate and its date of expiry.