The Merchant Shipping (Registration of Ships) Regulations 1993

• Citation: S.I. 1993/3138
• Sections: 168

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Merchant Shipping (Registration of Ships) Regulations 1993 and shall come into force on 21st March 1994.

(2) In these Regulations unless the context otherwise requires:—

“the Act” means the Merchant Shipping (Registration, etc.) Act 1993;

“application for registration” includes, except where otherwise stated, application for registration of a ship or share in a ship; application for registration of a small ship; application for re-registration of the same; and application for the registration of a transfer or transmission of a ship or a share in a ship; but not application for the renewal of registration;

“appropriate person” means in relation to a port in a country outside the British Islands:—

any British consular officer within whose consular district the port lies; or

where Her Majesty’s Government in the United Kingdom is represented in that country by a High Commissioner, any member of the High Commissioner’s official staff nominated by him for the purposes of these Regulations; or

where that country is a colony, the Governor of the colony or any person appointed by him for those purposes;

and in this definition “High Commissioner” includes an acting High Commissioner and “Governor” includes an acting Governor;

“appropriate attestation” means attestation in a form approved by the Secretary of State;

“authorised measurer” means the Secretary of State or any person authorised under the Merchant Shipping (Tonnage) Regulations 1982 the Merchant Shipping (Fishing Vessels-Tonnage) Regulations 1988 to carry out the measurement of ships for the purposes of those Regulations;

“bareboat charter ship” means a ship registered under section 7 of that Act;

“beneficial ownership” shall be determined by reference to every beneficial interest in that vessel, however arising (whether held by trustee or nominee or arising under a contract or otherwise), other than an interest held by any person as mortgagee;

“builders certificate” means a certificate signed by the builder of the ship and containing a true account of the proper denomination and of the tonnage of the ship, as estimated by him, and of the date and place where it was built, and of 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 which is issued to a ship which is registered under the Act and includes a certificate of bareboat charter unless the context otherwise requires;

“certificate of bareboat charter” means a certificate of registration issued to a ship which is registered under section 7 of the Act;

“classification society” means a person authorised to act as a `Certifying Authority' for the purposes of the Merchant Shipping (Tonnage) Regulations 1982;

“closure transcript” means a certified extract from the register showing that the entry in the register in respect of a ship has been closed, the date of its closure, and the details about the ship and its ownership at the time of closure;

“declaration of eligibility” means a declaration which complies with the provisions of regulation 22(1);

“ EEA Agreement ” has the meaning given by Schedule 1 to the Interpretation Act 1978;

“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978.

“fishing vessel” means a vessel within the meaning of paragraph 2(1)(c) of Schedule 4 to the Act;

“fishing vessel certificate” means a certificate of that name specified in section 123 of the Merchant Shipping Act 1995;

“freeze” means to prevent any entry (which includes a deletion of an entry) being made in the Register;

“identifying number” means:

where the Registrar has allocated a bareboat charter ship a number under regulation 79(2)(b) or (3), that number, or

in any other case, the unique number allocated to a bareboat charter ship for identification purposes by its primary register;

“inspector of marks” means an authorised measurer or any person authorised by the Secretary of State to verify the carving and marking of a ship under these Regulations;

“length” in regulations 29, 42 and 56 (except in regulation 56(4)(b)) has the same meaning as in the Tonnage Regulations;

“local office” means an office of the Ministry of Agriculture, Fisheries and Food, The Scottish Office Agriculture and Fisheries Department or the Department of Agriculture for Northern Ireland, listed in the list published by the Department of Transport and entitled `List of Local Offices for Fishing Vessel Registration';

“maximum continuous engine power” has the same meaning as “engine power” in Article 5.1 of Council Regulation (EEC) No. 2930/86 (defining characteristics for fishing vessels);

“modification explanation” means the clear explanation, referred to in Article 3.3 of Commission Regulation (EEC) No. 1381/87 (establishing detailed rules concerning the marking and documentation of fishing vessels), of the method by which any modification of engine power has been carried out;

“non-United Kingdom nationals exercising their right of freedom of movement of workers or right of establishment” means persons who are either–

nationals of a member State ... exercising in the United Kingdom their rights under Article 45 or 49 of the Treaty on the Functioning of the European Union as recognised and available in domestic law by virtue of the European Union (Withdrawal) Act 2018 , as the case may be, or

nationals of a State, other than a member State, which a Contracting Party to the EEA Agreement exercising in the United Kingdom their rights under Article 28 or 31 of the EEA Agreement as recognised and available in domestic law by virtue of the European Union (Withdrawal) Act 2018 .

“overall length” has the same meaning as “length overall” in the Tonnage Regulations;

“owner” means, in relation to a ship or share in a ship, the person owning the ship, or as the case may be, a share in the ship, whether or not registered as owner;

“permanently de-rated engine power” means a modification of the maximum continuous engine power referred to in Article 3.3 of Commission Regulation (EEC) No. 1381/87 ;

“ pleasure vessel ” means a pleasure vessel as defined in regulation 3(1) of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025;

“port letters” means the letters for the port of choice;

“port number” means the number allocated for a fishing vessel within its port of choice under regulation 31(2)(b), 53(2) or 79(2)(a);

“port of choice” means a port listed in Schedule 2 which an applicant chooses as a port to be marked on his ship;

“primary register” means the register on which the ship is registered at the time the application is made to register the ship as a bareboat charter ship;

“the Register” means the Register of British ships established under section 1 of the Act;

“the Registrar” means the person described as “the registrar” in section 9(2) of the Act;

“ relevant provisions of the sanctions regulations ” means—

regulation 77(1) and (2) of the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019; ...

regulation 57E(1) (registration of ships in the United Kingdom) of the Russia (Sanctions) (EU Exit) Regulations 2019; or

regulation 29J(1) (registration of ships in the United Kingdom) of the Belarus (Sanctions) (EU Exit) Regulations 2019;

“representation” means probate, administration, confirmation, or other instrument constituting a person the executor, administrator or other legal representative of a deceased person, including a certificate of confirmation relating to a vessel;

“salmon coble” means a vessel under 10 metres in overall length used for fishing for profit only in connection with the private rights of fishing for salmon or migratory trout;

“settled” has the same meaning as in section 33(1) of the Immigration Act 1971;

“ship” includes a fishing vessel but does not include a small ship or a bareboat charter ship except for the purposes of the definition of “termination direction”, paragraph (3), Part XII (Miscellaneous) and Part XIII (Offences);

“small ship” means a ship which is less than 24 metres in overall length and is, or is applying to be, registered under Part XI;

“submersible vessel” means any vessel used or designed to be used under the surface of any waters;

“surveyor of ships” means a marine surveyor nominated by the Secretary of State to undertake the surveys required by these Regulations and includes any marine surveyor of the Department of Transport;

“ termination direction ” means a direction to terminate the registration of a ship given to the Registrar under—

regulation 77(3) of the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019; ...

regulation 57E(2) (registration of ships in the United Kingdom) of the Russia (Sanctions) (EU Exit) Regulations 2019; or

regulation 29J(2) (registration of ships in the United Kingdom) of the Belarus (Sanctions) (EU Exit) Regulations 2019;

“Tonnage Regulations” means the Merchant Shipping (Tonnage) Regulations 1997 ,

“transfer of a ship” includes, except where the context otherwise requires, transfer of a share in a ship.

(3) For the purposes of these Regulations, a ship is a “sanctioned ship” if—

(a) were an application for registration in the Register to be made in respect of it, the Registrar would be required to refuse registration because of the relevant provisions of the sanctions regulations; or

(b) a termination direction has been issued in relation to the ship.

Section 2 The Register

(1) The Register maintained by the Registrar in accordance with section 1(1) and (2) of the Act shall be divided into the following parts:—

(a) Part I for ships, owned by persons qualified in accordance with these regulations, which are not:

(i) fishing vessels, or

(ii) registered on that Part which is restricted to small ships,

(b) Part II for fishing vessels,

(c) Part III for small ships, and

(d) Part IV for ships which are registered under section 7 of the Act (‘bareboat charter ships’).

(2) The Register may consist of both paper and computerised records and such other records as the Secretary of State may consider to be expedient.

(3) Any person shall be entitled on application to the Registrar to obtain a transcript, certified by an authorised officer, of the entries in the Register.

(4) During the official opening hours of the General Registry of Shipping and Seamen any person shall be entitled on request to inspect the entries in the Register.

(5) Entries in the Register shall be made in accordance with the following provisions:—

(a) the property in a ship shall be divided into sixty-four shares;

(b) subject to the provisions of the Act and these Regulations with respect to joint owners or owners by transmission, not more than sixty-four persons shall be entitled to be registered at the same time as owners of any one ship.This rule shall not affect the beneficial title of any persons represented by or claiming under or through any registered owner or joint owner;

(c) a person shall not be entitled to be registered as owner of a part of a share; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share or shares in a ship;

(d) joint owners shall be considered as constituting one person only as regards the persons entitled to be registered, and shall not be entitled to dispose in severalty of any interest in a ship, or in any share in a ship in respect of which they are registered.

(6) The Registrar shall be entitled to amend the Register where:—

(a) a clerical error has occurred, or

(b) sufficient evidence is produced to satisfy him that the entry is incorrect,

and on making the amendment he shall issue a new certificate of registry or permission if necessary.

Section 3 Registration of fishing vessels to be of two kinds

Registration on Part II of the Register shall be of two kinds:—

(a) registration of vessels to which the provisions of Schedule 1 to the Act relating to transfers by bill of sale and the registration of mortgages do not apply (hereinafter called “simple registration”), and

(b) registration of vessels to which those provisions do apply (hereinafter called “full registration”).

Section 4 Fishing vessels changing from full registration to simple registration subject to conditions

A fishing vessel which has once been registered with full registration shall not thereafter be registered with simple registration unless:—

(a) it is not subject to a registered mortgage, and

(b) the vessel has in the meantime been registered outside the United Kingdom, and

(c) the Registrar consents.

Section 5 Registration on only one Part of the Register

No ship, including a small ship, may be registered on more than one part of the Register at any one time.

Section 6 Trusts not to be entered

(1) Subject to paragraph (2) no trust, express, implied or constructive may be registered by the Registrar.

(2) Where, on the bankruptcy (or in Scotland, sequestration) of a registered owner or mortgagee his title is transmitted to his trustee in bankruptcy (or in Scotland his permanent trustee), that person, if a qualified person, may be registered as the owner or mortgagee of a British ship or share in a ship.

Section 7 Persons qualified to be owners of ships to be registered on Part I of the Register

(1) The following persons are qualified to be the owners of ships which are to be registered on Part I of the Register:—

(a)

(i) British citizens; or

(ii) non-United Kingdom nationals exercising their right of freedom of movement of workers or right of establishment;

(b) British Dependent Territories citizens;

(c) British Overseas citizens;

(d) persons who under the British Nationality Act 1981 are British subjects:

(e) persons who under the Hong kong (British Nationality) Order 1986 are British Nationals (Overseas);

(ea) Commonwealth citizens;

(eb) citizens of a country listed in Schedule 6;

(ec) non-United Kingdom nationals who are settled in the United Kingdom;

(ed) bodies corporate incorporated in a Commonwealth state;

(ee) bodies corporate incorporated in a country listed in Schedule 6;

(f) bodies corporate incorporated in the United Kingdom or in an EEA State ;

(g) bodies corporate incorporated in any relevant British possession ...; and

(h) UK Economic Interest Groupings.

(2) A person who is not qualified under paragraph (1) to be the owner of a ship registered on Part I of the Register may nevertheless be one of the owners of such a ship if:

(a) a majority interest in the ship (within the meaning of regulation 8) is owned by persons who are so qualified under paragraph (1) , and

(b) the ship is registered on Part I of the Register.

Section 8 British connection and majority interest

(1) Subject to the relevant provisions of the sanctions regulations, regulation 36(4) (Refusal of registration) and paragraphs (2), (3), (4) and (5) below a ship shall be entitled to be registered if a majority interest in the ship is owned by one or more persons qualified under regulation 7(1) .

(2) Where a majority interest in a ship is owned by a person or persons qualified by reason of regulation 7(1), other than sub-paragraphs (c), (d) or (g) , the ship shall, subject to paragraphs (3) and (4) below, be registered only if that person or (as the case may be) any of those persons is resident in the United Kingdom.

(3) Where the condition in paragraph (2) is not satisfied the ship shall be registered only if a representative person is appointed in relation to the ship under Part V.

(4) Where the majority interest is owned by persons one or more of whom are persons who are qualified by reason of:—

(a) regulation 7(1)(c) or (d), the ship shall be registered only if:—

(i) that person, or (as the case may be) any of those persons, is resident in the United Kingdom, or

(ii) where that condition is not satisfied, the Secretary of State furnishes a declaration that he consents to the ship being registered, and, in addition, a representative person is appointed in relation to the ship;

(b) regulation 7(1)(g), the ship shall be registered only if:—

(i) the body corporate has a place of business in the United Kingdom, or

(ii) where that condition is not satisfied, if a representative person is appointed in relation to the ship.

(5) Where the majority interest is owned by the following persons:—

(a) one or more persons who are qualified by reason of regulation 7(1), other than sub-paragraphs (c), (d) or (g) , and

(b) one or more persons qualified by reason of regulation 7(1)(c) or (d), or

(c) one or more persons qualified by reason of regulation 7(1)(g),

the ship shall only be registered—

(i) if any of those persons is resident in the United Kingdom, or

(ii) (where that condition is not satisfied) if a representative person is appointed in relation to the ship.

Section 9 British connection and majority interest

For the purposes of regulation 8:—

(a) one or more persons shall be treated as owning a majority interest in a ship if there is vested in that person or in those persons, taken together, the legal title to 33 or more shares in the ship (there being left out of account for this purpose any share in which any beneficial interest is owned by a person who is not entitled to be an owner of a British ship); and

(b) a body coporate shall be treated as resident in the United Kingdom if ... it has a place of business in the United Kingdom.

Section 10 Government ships

Nothing in this Part applies to a ship to which section 80 of the Merchant Shipping Act 1906 applies (Government ships).

Section 11 Fishing vessels excluded from Part I

A fishing vessel may not be registered on Part I of the Register.

Section 12 Eligibility

The following persons are qualified to be the owners of fishing vessels which are to be registered on Part II of the Register:—

(a)

(i) British citizens; or

(ii) non-United Kingdom nationals exercising their right of freedom of movement of workers or right of establishment;

(b) bodies corporate—

(i) incorporated in the United Kingdom, or

(ii) incorporated in an EEA State with a place of business in the United Kingdom;

(c) UK Economic Interest Groupings;

(d) a local authority in the United Kingdom.

Section 13 Eligibility

(1) Subject to the relevant provisions of the sanctions regulations, regulations 14 (British connection and representative persons for fishing vessels), 15 (Dispensations), and 36(2), (3) and (4) (Registration and refusal of registration of a ship), a ship shall be entitled to be registered only if the legal and beneficial title of the vessel are vested wholly in one or more of those persons qualified to be owners of a British fishing vessel by virtue of regulation 12.

(2) Where any share in a vessel is beneficially owned jointly by persons not all of whom are qualified to be the owners of a British fishing vessel by virtue of regulation 12, then for the purposes of this Part, the whole of the share shall be treated as beneficially owned by persons who are not qualified by virtue of that regulation.

Section 14 British connection and representative persons for fishing vessels

(1) Notwithstanding that the requirements specified in regulation 13 are satisfied a vessel shall not be registered unless:—

(a) it is managed, and its operations controlled and directed, from within the United Kingdom, and

(b) any charterer, manager or operator of the vessel is a person qualified to be the owner of a British fishing vessel by virtue of regulation 12.

(2) Where:—

(a) the requirements specified in regulation 13 are satisfied with respect to a fishing vessel, but

(b) the legal title to the vessel is vested wholly in one or more qualified persons who is, or as the case may be each of whom is, an individual not resident in the United Kingdom,

the vessel shall only be eligible to be registered as a fishing vessel if a representative person is appointed in relation to the vessel under Part V.

Section 15 Dispensations

(1) Where in the case of any fishing vessel, the Secretary of State is satisfied that:—

(a) a fishing vessel would be eligible to be registered but for the fact that any particular individual, or (as the case may be) each of a number of particular individuals, is not a British citizen or a national of a member State ... (and is accordingly not a qualified person), and

(b) it would be appropriate to dispense with the requirement of British citizenship or nationality of such a member State in the case of that individual or those individuals, in view of the length of time he has or they have resided in the United Kingdom and have been involved in the fishing industry of the United Kingdom,

the Secretary of State may determine that that requirement should be so dispensed with; and if he does so, the vessel shall, so long as sub-paragraph (a) above applies to it and any such determination remains in force, be treated for the purposes of registration on Part II of the Register as being eligible to be registered as a British fishing vessel.

Section 16 Appointment of inspectors

For the purpose of determining whether a fishing vessel is eligible to be registered on Part II of the Register, the Secretary of State may appoint a person:—

(a) to investigate the eligibility of the vessel to be so registered, and

(b) to make a report of his conclusions to the Secretary of State;

and any person so appointed shall, for the purpose of conducting the investigation, have the powers conferred on an inspector by the provisions of section 27 of the Merchant Shipping Act 1979 (other than paragraphs (d) to (h) of subsection (1) of that section).

Section 17 Exemptions from section 5(1) of the Act

Section 5(1) of the Act does not apply to:—

(a) salmon cobles;

(b) vessels which are 10 metres overall length and under and which are not propelled by use of an engine; and

(c) vessels which are 10 metres overall length and under which are used to fish for only common eels (Anguila anguilla).

Section 18 Appointment of representative persons

(1) Where the entitlement of any ship to be registered is conditional upon the appointment of a representative person, the owner of the ship shall:—

(a) before applying for the ship to be registered, appoint an individual or body corporate satisfying the requirements in paragraph (2) below to be the representative person, and

(b) ensure that, so long as the ship remains registered, an individual or body corporate satisfying those requirements shall be so appointed.

(2) A representative person is either:—

(a) an individual resident in the United Kingdom, or

(b) a body corporate incorporated in a member State and having a place of business in the United Kingdom.

(3) The appointment of the representative person shall be made in a form approved by the Secretary of State and shall contain the name and the address of the representative person.

(4) The owner of any ship in relation to which any representative person is for the time being appointed under this regulation shall:—

(a) on applying for the ship to be registered, send to the Registrar the appointment required by paragraph (3),

(b) in the event of any change in the identity, or in the address of the representative person, notify the Registrar of the relevant change within 7 days of the change occurring,

and the Registrar shall record the new particulars in the Register.

Section 19 Service on representative persons

Any document required or authorised to be served by or under the Merchant Shipping Acts or required or authorised, by virtue of any statutory provision, to be served for the purpose of the institution of, or otherwise in connection with, proceedings for an offence under the Merchant Shipping Acts, or under any instrument in force under those Acts, on the owner of a ship shall be treated as duly served on him if:—

(a) delivered to any representative person for the time being appointed, or

(b) sent to any such person by post at the address notified (or, as the case may be, last notified) to the Registrar under regulation 18(4) above in relation to that person, or

(c) left for any such person at that address.

Section 20 Form of application

(1) Every application made under these Regulations shall be made to the Registrar at the General Registry of Shipping and Seamen .... Applications in respect of fishing vessels may also be made through a local office.

(2) The application shall be made in a form approved by the Secretary of State and shall contain the name and address of the applicant and sufficient information to enable the ship to be identified.

Section 21 The applicant

(1) Every application made under these Regulations shall be made:—

(a) in the case of individuals, by some one or more of the individuals registered or requiring to be registered as owners or by his or their agent, or

(b) in the case of a body corporate, by a duly authorised officer of that body corporate, or by its agent, or

(c) in the case of an UK Economic Interest Group, by a duly authorised officer of that Group, or by its agent.

Section 22 Applications for registration

(1) Subject to regulation 25 every application for registration must be supported by a declaration of eligibility which shall be in a form approved by the Secretary of State and shall include:—

(a) a declaration of British connection;

(b) a declaration of ownership by every owner setting out his qualification to own a British ship;

(c) a statement of the number of shares in the ship the legal title of which is vested in each owner whether alone or jointly with any other person or persons; and

(d) in respect of an application to register a fishing vessel, a statement of the beneficial ownership of any share which is not beneficially owned by its legal owner.

(2) Every application for registration of a ship which has, immediately prior to the application, been registered on any other register shall be accompanied by a certified extract from that register in respect of that ship.

(3) Every application for registration of a fishing vessel on Part II of the Register shall state whether the application is for full or simple registration.

(4) Every application for registration of a ship must confirm that the ship is not a sanctioned ship.

Section 23 Appointment of managing owner

(1) Where application is made in respect of a ship which has more than one owner, or whose shares are owned by more than one owner, and no representative person has been appointed under Part V, one of those owners who is resident in the United Kingdom shall be nominated as the managing owner, and the Register shall be marked accordingly and all correspondence shall be sent to that person at the address recorded in the Register in respect of that owner.

(2) Where the owners determine that a different managing owner should be appointed, the Registrar shall be notified in writing and the Register noted accordingly.

(3) Any document required or authorised to be served, by or under the Merchant Shipping Acts or required or authorised, by virtue of any statutory provision, to be served for the purpose of the institution of, or otherwise in connection with, proceedings for an offence under the Merchant Shipping Acts, or under any instrument in force under those Acts, on the owner of a ship shall be treated as duly served on him if:—

(a) delivered to the managing owner, or

(b) sent to the managing owner by post at the address notified (or, as the case may be, last notified) to the Registrar under paragraph (1) or (2) above in relation to that person, or

(c) left for the managing owner at that address.

Section 24 Applications by bodies corporate

Where application is made on behalf of a body corporate, the application must be accompanied by:—

(a) if it is a company registered in the United Kingdom, a copy of its certificate of incorporation, and, in the case of a company which has changed its name since incorporation, its certificates of change of name, or

(b) if it is:—

(i) a company incorporated in a ... State ..., or

(ii) a company incorporated in any relevant British possession, proof in accordance with the laws of the country of its incorporation that the company is an incorporated company,

(c) if it is a company, other than a company incorporated in the United Kingdom, with a place of business in the United Kingdom, a certificate from the Registrar of Companies in England and Wales, the Registrar of Scottish Companies or the Registrar of Northern Ireland Companies that the company is registered with him as an oversea company, and

(d) if it is a body corporate incorporated by virtue of an Act of Parliament, a Charter granted by Her Majesty, or an Act or Ordinance of a relevant British possession , proof, sufficient to satisfy the Registrar, of its incorporation.

Section 25 Declaration of intent

Where, at the time when the application for registration is made, the ownership of a ship has not yet passed (or fully passed) to the persons who are to be its owners when it is registered, the application shall be accompanied by a declaration of intent instead of a declaration of eligibility.

Section 26 Form of declaration of intent

The declaration of intent shall consist of:—

(a) a draft declaration of eligibility setting out particulars of ownership of the ship as they are intended to be when the ship is registered; and

(b) a declaration that the ownership of the ship will, at the time when registration occurs, be as stated in the draft declaration of eligibility.

Section 27 Declaration of eligibility to be submitted before registration

Where an application for registration is accompanied by a declaration of intent and not by a declaration of eligibility, a duly completed declaration of eligbility shall be submitted to the Registrar prior to registration.

Section 28 Evidence of title on ... registration

(1) An application to register a ship ..., other than an application in respect of a fishing vessel requiring simple registration, must be supported by the following evidence of title:—

(a) in the case of a new ship, the builder’s certificate;

(b) in the case of a ship which is not new, ...

(i) in respect of a pleasure vessel ,

(a) a previous bill or bills of sale showing the ownership of the ship for at least 5 years before the application is made, or

(b) if the ship has been registered with a full registration at any time within the last 5 years, a bill or bills of sale evidencing all transfers of ownership during the period since it was so registered, ...

(ii) in respect of a fishing vessel,

(a) a previous bill or bills of sale showing the ownership of the vessel for at least 3 years before the application is made, or

(b) if the ship has been registered with full registration at any time within the last 3 years, a bill or bills of sale evidencing all transfers of ownership during the period since it was so registered, or

(c) evidence that the vessel has been for at least 3 years continuously registered as a British fishing vessel with simple registration in the names of the owners applying to be registered and remains so registered; or

(iii) in respect of a ship other than a pleasure vessel or a fishing vessel, one bill of sale showing the most recent transfer of ownership;

(c) where the evidence required by sub-paragraph (a) or (b) above is not available, other evidence of title satisfactory to the Registrar.

(2) Where a ship has entered the Register by virtue of paragraph (1)(b)(iii) and subsequently becomes a pleasure vessel or a fishing vessel, the owner shall then provide the title evidence required under paragraph (1)(b)(i) or (ii) respectively or under paragraph (1)(c) for the ship to remain eligible to be registered.

Section 29 Survey and measurement of ship

(1) Subject to regulation 29A every ship, other than a fishing vessel less than 24 metres in length to which Part IIA of Merchant Shipping Tonnage Regulations 1997 does not apply , shall before registration be surveyed by a surveyor of ships and her tonnage ascertained in accordance with the Tonnage Regulations .

(2) Subject to regulation 29A a fishing vessel of less than 24 metres other than a fishing vessel to which Part IIA of the Tonnage Regulations applies shall before registration be measured by an authorised measurer and her tonnage calculated in accordance with the tonnage regulations made under the Merchant Shipping Act 1965.

(3) After survey or measurement, the surveyor or measurer shall issue a certificate specifying the ship’s tonnage and build and such other particulars describing the identity of the ship as may be required by the Secretary of State.The certificate shall be delivered to the Registrar before the ship may be registered.

(4) Subject to paragraph (5) below, a ship which is being:

(a) registered for the first time which has been surveyed or measured and its tonnage ascertained within the previous 12 months; or

(b) re-registered within 12 months of its registration on the Register ceasing,

shall not be required to be surveyed or measured, or its tonnage ascertained, again in accordance with paragraphs (1) or (2) above, if a declaration is made by the owners confirming that the survey or measurement and tonnage details have not changed from those previously provided to the Registrar.

(5) The Registrar may direct, if he thinks it appropriate, that such declaration be provided by an authorised measurer or surveyor.

Section 29A Engine power of fishing vessels registered on Part II or Part IV of the Register

(1) This regulation applies where any of the following applications is made on or after 10th January 2000:

(a) an application under regulation 28 to register a fishing vessel (whether new or second hand);

(b) an application under regulation 51 to record a change in the length, breadth or engine power of a registered fishing vessel; or

(c) an application under regulation 50 to register a change of ownership of a registered fishing vessel or share in such vessel.

(2) When making an application referred to in paragraph (1), the applicant shall submit:

(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.

(3) Any owner who contravenes paragraph (2) shall be guilty of an offence.

Section 29B Engine power of fishing vessels registered on Part II or Part IV of the Register

Where the Registrar is not satisfied that the engine power details notified to him, or recorded, for any fishing vessel are correct, he 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 him.

Section 30 Names

(1) On making an application for registration of a ship the applicant shall propose a name by which the ship is to be called.

(2) Schedule 1 (which provides for the approval of names) shall have effect.

(3) A ship shall not be described by any name other than its registered name.

(4) A change shall not be made in a registered ship’s name without the prior written permission of the Registrar.

Section 31 Allocation of official number and port of choice

(1) On making an application for registration of a ship the applicant shall specify one of the ports listed in part 1 or 2 of Schedule 2, as is appropriate, which it is intended shall be the ship’s port of choice.

(2) Subject to paragraph (2A), on receipt of an application for registration of a ship for the first time the Registrar, if he is satisfied that that ship is eligible to be registered, shall:—

(a) allocate to the ship a register number (“official number”),

(b) in the case of a fishing vessel, allocate a port number,

and shall issue a carving and marking note.

(2A) The Registrar is not required to carry out any of the actions mentioned in paragraph (2) if the Registrar is satisfied that the ship is a sanctioned ship.

(3) The Registrar may, on request by a classification society, allocate an official number to a ship notwithstanding that he is not yet satisfied as to its eligibility.

(4) Where a ship has had a number allocated under paragraph (3) and that number has been carved into the ship’s beam but the ship is not accepted as being eligible for registration, the number must be permanently defaced and a certificate to that effect provided by the classification society to the Registrar.

Section 32 Marking

On receipt of a carving and marking note on first registration the owner shall:—

(a) if the ship has not already been surveyed or measured as required by regulation 29 (Survey and measurement), cause it to be so surveyed or measured;

(b) cause the ship to be carved and marked in accordance with Schedule 3;

(c) where required under regulation 33 (Inspection of marks) cause the ship’s carving and marking to be inspected by an inspector of marks.

Section 33 Inspection of marks

(1) In respect of a ship, other than a pleasure vessel which is under 24 metres in length, an inspector of marks shall satisfy himself that the ship has been carved and marked in accordance with Schedule 3 and, when so satisfied, shall complete the carving and marking note and return it to the Registrar.In respect of a fishing vessel, the carving and marking note may also be returned to the local office.

(2) In respect of pleasure vessel which is under 24 metres in length the owner shall certify that the ship has been carved and marked in accordance with Schedule 3 and return the certified carving and marking note to the Registrar.

Section 34 Verification of measurement and carving and marking

(1) If the Registrar is not satisfied:—

(a) that the particulars of the measurement and tonnage of the ship or such other particulars describing the identity of the ship, as have been required by the Secretary of State furnished to him are correct, or

(b) that the ship is carved and marked in the manner required by Schedule 3,

he may direct the owner to have the measurement or other details , and/or carving or marking of the vessel verified by an authorised measurer or inspector of marks as appropriate.

(2) If the owner fails to comply with the direction of the Registrar, the Registrar may:—

(a) if the ship is not registered, refuse it registration until his direction has been complied with, or

(b) if the ship is registered, he may serve notice on the owner or managing owner, or any charterer, manager or operator of the ship requiring him to produce evidence within 30 days sufficient to satisfy him that the particulars of the measurement and tonnage are, or that the marking of the ship is, correct.

(3) If at the expiry of that period of 30 days the Registrar is not so satisfied, he may:—

(a) extend the notice and ask for further information, or

(b) serve a final notice which closes the ship’s registration, such closure to be effected 7 days after the service of that notice.

(4) Where a ship’s registration is closed under paragraph (3) the owner of the ship shall forthwith surrender its certificate of registry.

(5) Where the Registrar serves a notice under this regulation on the owner of a ship in respect of which a mortgage is registered, he shall send a copy of that notice to the mortgagee at the address recorded in the Register for the mortgagee.

Section 35 Cancellation of carving and marking note

If a carving and marking note issued under regulation 31 is not duly completed and returned to the Registrar within 3 months of its issue, the Registrar may cancel it and the application shall be treated as having been withdrawn.

Section 36 Registration and refusal of registration of a ship

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

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

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

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

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

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

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

(2) The Registrar may refuse to register any fishing vessel if he is not satisfied that there is in force in respect of the vessel any certificate required to be so in force by virtue of section 4 of the Fishing Vessels (Safety Provisions) Act 1970 .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(5) Notwithstanding that a ship is otherwise entitled to be registered, the Registrar may refuse to register it if, taking into account any requirement of the Merchant Shipping Acts (including any instrument made under them) relating to the condition of the ship or its equipment so far as it is relevant to its safety or to any risk of pollution or to the safety, health and welfare of persons employed or engaged in any capacity on board the ship, he considers that it would be inappropriate for the ship to be registered.

Section 37 Issue of certificate of registry

Upon registering a ship the Registrar shall issue and send to the owner a certificate of registry containing the particulars set out in Schedule 5.

Section 38 Temporary registration documents for fishing vessels

(1) The Registrar may upon registering a fishing vessel, if the owner so requests, issue to the owner through a local office a temporary registration document.The document shall contain the registered particulars of the vessel and shall specify the period (not exceeding 2 months) for which it is valid.

(2) During the period of its validity a temporary registration document shall have the effect of a certificate of registry.

Section 39 Period of registration

Subject to regulation 87L(6) and regulation 116 the registration of a ship shall, unless terminated under these Regulations, be valid for a period of 5 years beginning with the date of registration specified in the certificate of registry and shall expire at the end of that period unless it is renewed in accordance with regulation 42 (Application for renewal of registration).

Section 40 Documents to be retained by the Registrar

(1)

(a) On registering a ship the Registrar shall retain in his possession a copy of any builder’s certificate or bill of sale or other evidence of title produced on first registration, any certificate of measurement or survey, and all declarations of eligibility.

(b) On a fishing vessel changing from simple registration to full registration the Registrar shall retain in his possession a copy of the evidence adduced for that change ....

(c) On registering a fishing vessel which has had its engine power permanently de-rated the Registrar shall retain in his possession the modification explanation which has been submitted to him in accordance with regulation 29A(2).

(2) All original documents which have been produced to the Registrar to establish title shall be returned to the applicant once the ship has been registered. ...

Section 41 Renewal notices and time limit for renewal

(1) At least 3 months (but not more than 6 months) before the expiry of the registration period the Registrar shall issue to the owner of the ship a renewal notice.

(2) Subject to paragraph (3), the owner of the ship may apply for renewal of registration at any time between the date of issue of the renewal notice and the date of expiry of the current registration period.

(3) Notwithstanding paragraph (2) above, an application for renewal of registration may be made prior to the last 3 months of the current registration (or issue of a renewal notice), for issue of a certificate of registry commencing prior to the expiry of the current registration period. Where such a certificate is issued it shall not be valid for a period greater than 5 years commencing on the date of issue and the previous certificate shall then cease to be valid.

Section 42 Application for renewal of registration

(1) Application for renewal shall be in a form approved by the Secretary of State and shall 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,

(c) in respect of all fishing vessels, except those below 24 metres in length to which part IIA of the Tonnage Regulations does not apply, a declaration that the fishing vessel is correctly measured for tonnage under those Regulations, and

(d) confirmation that the ship is not a sanctioned ship.

(1A) In the case of an application for renewal made on or after 1st January 2001 in respect of a fishing vessel, the application shall in addition be accompanied by:

(a) where an engine has been permanently de-rated, a declaration describing the method by which the engine has been permanently de-rated, or

(b) in any other case, a declaration that the engine power recorded is the maximum continuous engine power.

(2) Where no application for renewal is made the Registrar shall notify each and every mortgagee of the expiration of the ship’s registration.

Section 43 Evidence of title on registration of transfer of ship

(1) On application for registration under paragraph 2(1) of Schedule 1 to the Act of a transfer of a registered ship or a share in a registererd ship, other than a fishing vessel registered with simple registration, the bill of sale shall be produced to the Registrar.

(2) When an application is made for the registration of a transfer of a fishing vessel which is registered with simple registration evidence of the transfer satisfactory to the Registrar shall be produced to him.

Section 44 Form of bill of sale

Every bill of sale effecting a transfer of a registered ship or a share in a ship under the Act and these Regulations shall be in the form approved by the Secretary of State with appropriate attestation and shall contain a description of the ship sufficient to identify it.

Section 45 Registration of transfer of a ship

(1) If the application under paragraph 2(2) of Schedule 1 to the Act (Transfer of ship or shares in a ship) is granted by the Registrar, he shall:—

(a) register the bill of sale by entering the name of the new owner in the Register as owner of the ship or share in question, and

(b) where an original is provided, endorse on the bill of sale the fact that the entry has been made, together with the date and time when it was made.

(2) If the Registrar is satisfied with the evidence under regulation 43 (Evidence of title on registration of transfer of ship) that the ship or share in a ship has been transferred, he shall enter the name of the new owner in the Register as the owner of the ship or share in question and issue a new certificate, which shall be valid for a period of 5 years.

Section 46 Evidence of title on transmission of a registered ship

(1) An application for registration of a transmission of a registered ship or a share in a registered ship under paragraph 3(1) of Schedule 1 to the Act shall be made in the form approved by the Secretary of State.

(2) The following evidence shall be produced to the Registrar on an application for a transfer of a registered ship or share therein by way of transmission:—

(a) if the transmission was consequent on death, the grant of representation or a copy thereof or of an extract therefrom,

(b) if the transmission was consequent on bankruptcy such evidence as is for the time being receivable in courts of justice as proof of title of persons claiming under bankruptcy,

(c) if the transmission was consequent on an order of a court, a copy of the order or judgment of that court.

Section 47 Declaration of eligibility on transfer or transmission

Every application for the registration of a transfer or transmission of a registered ship or a share in a registered ship shall be accompanied by—

(a) a declaration of eligibility,

(b) confirmation that the ship is not a sanctioned ship, and

(c) where the application is made on behalf of a body corporate, the documents mentioned in regulation 24.

Section 48 Refusal of registration of transfer or transmission

(1) If on an application for transfer or transmission of a ship or shares in a ship the Registrar is not satisfied that the ship is eligible to be registered:—

(a) the Registrar shall serve a notice under paragraph (2) on the owner of the ship, and

(b) the ship’s registration shall terminate by virtue of this paragraph at the end of the period of 14 days beginning with the date of the service of that notice.

(2) A notice under this paragraph shall state:—

(a) that the Registrar is not satisfied that the vessel in question is eligible to be registered, and

(b) that the ship’s registration will accordingly terminate by virtue of paragraph (1) at the end of the period referred to in that paragraph.

(3) If, on an application for transfer or transmission of a ship or shares in a ship, the Registrar is satisfied that the ship is a sanctioned ship—

(a) the Registrar must serve a notice on the owner of the ship in accordance with paragraph (4), and

(b) the ship’s registration terminates at the end of the day on which that notice is served.

(4) The notice must state that the ship’s registration terminates under paragraph (3) at the end of the day on which the notice is served.