Shipping
(Registration) (Amendment) (Jersey) Regulations 2011
Made 13th July 2011
Coming into force 13th
October 2011
THE STATES, in pursuance of Articles 12,
13 and 196 of the Shipping (Jersey) Law 2002[1], have made the following Regulations –
1 Interpretation
In these Regulations, “principal Regulations” means the
Shipping (Registration) (Jersey) Regulations 2004[2].
2 Regulation 4
amended
In Regulation 4 of the principal Regulations –
(a) in
paragraph (8) for the word “Article” there shall be
substituted the word “Regulation”; and
(b) after
paragraph (8), there shall be added the following paragraph –
(a) a ship has more than one owner or the shares
in which are owned by more than one owner; and
(b) a representative person has not been appointed
under this Regulation,
one of the owners of the
ship, being a person resident in Jersey, must be nominated by the owners as its
managing owner.”.
3 Regulation 5
amended
In Regulation 5 of the principal Regulations for paragraphs (3),
(4) and (5) there shall be substituted the following paragraphs –
“(3) The Registrar may register a
fishing vessel even though it is owned by an individual who is not, or
individuals some or all of whom are not, ordinarily resident in Jersey if the
Minister advises the Registrar that the Minister considers it appropriate to do
so, having regard to –
(a) the length of time that any of the owners have
resided in Jersey; and
(b) their involvement in the fishing industry in
Jersey.
(4) The Registrar may register a fishing vessel even
though an interest in it is owned by a body corporate that is not incorporated
in Jersey, or bodies corporate that are not registered in Jersey, if the
Minister advises the Registrar that the Minister considers it appropriate to do
so, having regard to –
(a) the length of time the individual or
individuals who have a controlling interest in the body or bodies have resided
in Jersey; and
(b) their involvement in the fishing industry in
Jersey.
(5) Despite paragraphs (1), (3) and (4)
the Registrar shall not register a fishing vessel unless –
(a) an individual has been appointed managing
owner of the fishing vessel; and
(b) the Registrar is satisfied that –
(i) the
individual so appointed is authorized by the other owners to control the operation
of the fishing vessel, and
(ii) the
control of the operation of the fishing vessel by that individual will be carried
out from within Jersey.
(6) The individual who is appointed as the
managing owner of a fishing vessel under this Regulation must be ordinarily
resident in Jersey and –
(a) where the fishing vessel is owned by one
individual, must be that individual;
(b) where the fishing vessel is owned by more
than one individual, must be one of those individuals, who must be nominated by
the other owners;
(c) where the fishing vessel is owned by a body
corporate, must be a director, manager or similar officer of that body
corporate, who must be nominated by the owner;
(d) where the fishing vessel is owned by more
than one body corporate, must be a director, manager or similar officer of one
of the bodies corporate that owns the fishing vessel, who must be nominated by
the other owners; and
(e) where the fishing vessel is owned by an
individual or individuals jointly with one or more bodies corporate, must be
one individual owner or one director, manager or similar officer of one of the
bodies corporate that owns the fishing vessel, who must be nominated by the other
owners.
(7) Where the individual appointed under
paragraph (6)(c), (d) or (e) is a director, manager or similar
officer of a body corporate, nothing in this Regulation implies that legal or
beneficial title in the fishing vessel must be, or must be treated as being, vested
in that individual.”.
4 Regulation 6
amended
In Regulation 6(1) of the principal Regulations the words
“, or Regulation 5(4)” shall be deleted.
5 Regulation 11
amended
In Regulation 11 of the principal Regulations –
(a) for
paragraph (1) there shall be substituted the following paragraph –
“(1) This Regulation applies where
a managing owner has been appointed under Regulation 4 or 5.”; and
(b) paragraph (2)
shall be deleted.
6 Regulation
22 amended
In Regulation 22 of
the principal Regulations –
(a) for paragraph (1)(b) there shall be
substituted the following sub-paragraph –
“(b) in
respect of a fishing vessel –
(i) there is a change
in the legal or beneficial title of the vessel or any share in the vessel,
(ii) there is a change
of managing owner of the vessel,
(iii) the control of the
operation of the fishing vessel ceases to be carried out by the managing owner
from within Jersey, or
(iv) the managing owner
ceases to be an individual who satisfies the requirements of Regulation 5(6).”;
and
(b) for paragraph (2) there shall be substituted
the following paragraph –
“(2) The
registered owner of the ship (or where there is more than one owner, the
registered owners of the ship) shall notify the Registrar of any event
mentioned in paragraph (1) within 28 days of the event occurring.”.
7 Regulation
23 amended
In Regulation 23(1)(j)
for the word “Article” in both places where it appears there shall
be substituted the word “Regulation”.
8 Transitional
provision
Where a fishing vessel was
registered under the principal Regulations immediately before the coming into
force of these Regulations, these Regulations shall not have effect in respect
of that fishing vessel until the earlier of –
(a) the date which is 5 years after the commencement
of the current registration of the vessel;
(b) the date of any change in the ownership of
the vessel; or
(c) the date of cancellation of the vessel's current
registration.
9 Citation
and commencement
These Regulations may be cited as the Shipping (Registration)
(Amendment) (Jersey) Regulations 2011 and come into force 3 months after
they are made.
a.h. harris
Deputy Greffier of the States