Merchant Shipping (Registration of Fishing Vessels) Regulations 1988

JurisdictionUK Non-devolved
CitationSI 1988/1926
Year1988

1988 No. 1926

MERCHANT SHIPPING

The Merchant Shipping (Registration of Fishing Vessels) Regulations 1988

Made 2nd November 1988

Laid before Parliament 10th November 1988

Coming into force 1st December 1988

The Secretary of State for Transport, in exercise of powers conferred on him by sections 13(1), (3) and (7), 19(2), 21(1), and 53(2) of, and Schedules 2 and 3 to, the Merchant Shipping Act 19881(hereinafter called “the Act”) and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

GENERAL

PART I

GENERAL

S-1 Citation, Commencement and Interpretation

Citation, Commencement and Interpretation

1.—(1) These Regulations may be cited as the Merchant Shipping (Registration of Fishing Vessels) Regulations 1988 and shall come into force on 1st December 1988.

(2) In these Regulations:—

the 1894 Act” means the Merchant Shipping Act 18942;

“application for registration” includes, except where otherwise stated, application for registration of a vessel or share therein, application for re-registration of a vessel or share therein and application for registration of a transfer or transmission of a vessel or share therein but not application for renewal of registry;

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

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

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

(b) 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

(c) 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;

“Authorised Measurer” means the Secretary of State or any person authorised pursuant to the Merchant Shipping (Fishing Vessels—Tonnage) Regulations 19883to carry out the measurement of fishing vessels for the purposes of those regulations;

“British sea-fisheries officer” means any person who is a British sea-fisheries officer by virtue of section 7(1) of the Sea Fisheries Act 19684;

“Certificate of Registry” means a certificate of registration under Part II of the Act;

“Declaration of British Character” means a declaration complying with the provisions of regulation 13;

“Inspector of Marks” means an Authorised Measurer or any person authorised by the Secretary of State to verify the carving and marking of a vessel pursuant to these Regulations;

“local office” means an office of the Ministry of Agriculture, Fisheries and Food, the Department of Agriculture and Fisheries for Scotland 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”;

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

“a Part I register” means a register established under Part I of the 1894 Act and kept by a Registrar of British Ships in the United Kingdom;

“port of registry” means a port listed in Schedule 3 hereto;

“Port Letters and Number” means in relation to a vessel the letters for the port of registry and the number within that port allocated to the vessel under regulation 18, or transferred with the vessel to the Register pursuant to Part VII of these Regulations;

“qualified person”, “qualified company” and “relevant percentage” have the same meanings as in section 14 of the Act;

“RSS number” means a register number allocated to a vessel under regulation 18;

“the Register” means the Register of Fishing Vessels established under regulation 2;

“the registered particulars” means in relation to a vessel the particulars recorded in respect of the items numbered 1 to 13 inclusive in Schedule 5 hereto;

“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 private rights of fishing for salmon or migratory trout;

“the Scottish Act” means the Sea Fishing Boats (Scotland) Act 18865and “a Scottish Register” means a register established under that Act;

“simple registration” and “full registration” have the meanings given to them by regulation 3;

“transfer of a vessel” includes, except where the context otherwise requires, transfer of a share in a vessel;

“the Transitional Period” means the period specified in regulation 66.

REGISTRATION

PART II

REGISTRATION

S-2 The Register

The Register

2.—(1) The Secretary of State shall establish and maintain a register of fishing vessels to be known as the Register of British Fishing Vessels.

(2) The Register, which may consist of computerised records, with such other records as the Secretary of State considers necessary or expedient shall be kept at the offices of the Registrar General of Shipping and Seamen.

S-3 Registration to be of two kinds

Registration to be of two kinds

3. Registration in the Register shall be of two kinds:

(a) registration of vessels as vessels to which the provisions of Part II of 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 as vessels to which those provisions do apply (hereinafter called “full registration”).

S-4 Applications

Applications

4. Every application made pursuant to these Regulations shall be made to the Secretary of State at the office of the Registrar General of Shipping and Seamen in person or by post or through a local office.

S-5 The Applicant

The Applicant

5. Every such application shall be made 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, and in the case of a company by a duly authorised officer of that company.

S-6 Contents and Form of application

Contents and Form of application

6. Every application for registration shall contain the particulars specified in Part I of Schedule I hereto and, if relevant, Part II thereof, shall be in a form approved by the Secretary of State, and shall state whether the application is for full or simple registration.

S-7 Change from full to simple registration subject to conditions

Change from full to simple registration subject to conditions

7. A vessel which has once been registered with full registry shall not thereafter be registered with simple registry unless:

(a) there is no outstanding registered mortage thereon, and

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

(c) the Secretary of State consents.

S-8 Previous certificate to accompany application

Previous certificate to accompany application

8. Every application for registration shall be accompanied by the previous certificate of registry (if any).

S-9 Evidence of title on registration of vessel

Evidence of title on registration of vessel

9. The following evidence of title shall be produced on an application for full registration (other than an application for renewal of registry under regulations 30 and 31):—

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

(b) in the case of a vessel which is not new, either—

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

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

(iii) evidence that the vessel has for at least 3 years been 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

(iv) other evidence of title satisfactory to the Secretary of State.

S-10 Evidence of title on registration of transfer of vessel

Evidence of title on registration of transfer of vessel

10. On application for registration of a transfer of a registered vessel or a share therein pursuant to section 19(1) of the Act, the bill of sale shall be produced to the Secretary of State.

S-11 Form of Bill of Sale

Form of Bill of Sale

11. Every bill of sale effecting a transfer pursuant to the Act and these Regulations shall be in a form approved by the Secretary of State with appropriate attestation.

S-12 Evidence of title on registration of transmission of vessel

Evidence of title on registration of transmission of vessel

12. On an application for registration of a transmission of a registered vessel or a share therein pursuant to section 20(1) of the Act the following evidence shall be produced to the Secretary of State:—

(a) if the transmission was consequent on death, the grant of representation or an office 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 a bankruptcy;

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

S-13 Declaration of British Character to accompany application

Declaration of British Character to accompany application

13. Every application for registration or renewal of registry, whether with full or simple registration, shall (subject to regulation 14) be accompanied by a Declaration of British Character which shall consist of—

(a) a declaration in the form set out in Part I of...

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