Shipping
(Registration) (Jersey) Regulations 2004[1]
PART 1
GENERAL
1 Interpretation[2]
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 applies;
“beneficial ownership”,
in respect of a ship, is determined by reference to every beneficial interest
in the ship, 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, and a reference to “beneficial title” is to be construed
accordingly;
“body corporate” includes
any partnership or other body which has a legal personality separate from its
partners or members (as the case requires), and a reference to the
incorporation of a body corporate includes a reference to the establishment of
such partnership or other body;
“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;
“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;
“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.
2A Implementation
of sanctions[3]
Despite any other provision of these Regulations, the Registrar must –
(a) refuse
to register a ship;
(b) terminate
the registration of a ship; or
(c) take
any other action in connection with the registration of a ship,
where it appears to the Registrar to be necessary for the purposes
of giving effect to a provision made by or under the Sanctions and Asset-Freezing
(Jersey) Law 2019.
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 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 Minister 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 a business in Jersey;
(c) a
British citizen;
(d) a
British overseas territories citizen;
(e) a
British Overseas citizen;
(f) a British subject;
(g) a
British National (Overseas);
(h) a British protected person;
(i) an
individual who is not mentioned in any of paragraphs (c) to (h) and who is
settled in the United Kingdom;
(j) an
individual who is a Commonwealth citizen;
(k) an
individual who is a citizen of a country specified in Schedule A1;
(l) an
individual who is a citizen of a member state of the European Economic Area;
(m) a Minister
of the States of Jersey and any other corporation sole established under an
enactment;
(n) a body corporate which is incorporated, or carrying on a
business, in Jersey;
(o) a
body corporate which is incorporated in, and under the law of –
(i) a British Island
other than Jersey,
(ii) a
British overseas territory,
(iii) a
member state of the European Economic Area,
(iv) a
Commonwealth country, or
(v) a country specified in
Schedule A1;
(p) a UK
Economic Interest Grouping under the European Economic
Interest Grouping Regulations 1989 of the United Kingdom (S.I. 1989/638), as amended from time
to time.[4]
(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)(o)
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.[5]
(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 Regulation 6 shall apply as if the charterer were the owner of the
ship.[6]
(9) Where –
(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.[7]
(10) Expressions
used in this Regulation which appear in the British Nationality Act 1981 of the
United Kingdom have the meanings given in that Act.[8]
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 Minister
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) 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.[9]
(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.[10]
(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.[11]
(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.[12]
(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.[13]
6 Appointment
of representative persons
(1) This Regulation applies
if, in accordance with Regulation 4(5), (6) or (7) the entitlement of a ship to
be registered is conditional upon a representative person being appointed in
respect of the ship.[14]
(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 of level 3 on the standard scale.[15]
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 Minister of the States of Jersey, by the Minister;
(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.
(6A) If required by the Registrar, the
declaration made under paragraph (3) must also include proof of the
beneficial ownership of a ship that is owned, whether wholly or partly, by a
body corporate (whether or not the body corporate is registered in Jersey).[16]
(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 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) [17]
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
where a managing owner has been appointed under Regulation 4 or 5.[18]
(2) [19]
(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; 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 or under the Shipping (Fishing Vessels Safety Provisions) (Jersey)
Order 2004.
(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 its 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.
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.
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; 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 of level 3 on the standard scale.[20]
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
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).[21]
(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.[22]
(3) A person who fails to
comply with paragraph (2) shall be guilty of an offence and liable to a
fine of level 3 on the standard scale.[23]
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 Regulation 20(2) or has failed to notify the Registrar in
accordance with Regulation 22(2).[24]
(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.
(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 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 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 is to be taken
to have been registered under Part 3 of the Law 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
but shall terminate if during that period the ship or any interest in it is
transferred.
32A Transitional provision - Shipping Registration (Amendment) (Jersey) Regulations 2011
Where a fishing vessel was
registered under these Regulations immediately before the coming into force of
the Shipping Registration (Amendment) (Jersey) Regulations 2011, those
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.[25]
PART 6
CITATION
33 Citation
These Regulations may be cited as the Shipping (Registration)
(Jersey) Regulations 2004.
schedule A1[26]
(Regulation 4)
specified countries
The specified countries are –
(a) Argentina;
(b) Aruba;
(c) Bahrain;
(d) Brazil;
(e) the
Canary Islands;
(f) China;
(g) the
Faroe Islands;
(h) Haiti;
(i) Israel;
(j) Japan;
(k) Liberia;
(l) Madeira;
(m) the
Marshall Islands;
(n) Monaco;
(o) Panama;
(p) South
Korea;
(q) Suriname;
(r) Switzerland;
(s) the
United Arab Emirates;
(t) the
United States of America.
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 Minister
of the States is an owner of a ship the name of the Minister 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;
I 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;
I 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.
7. 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.