The Merchant Shipping (Registration of Ships) (Amendment) Regulations 2017

JurisdictionUK Non-devolved
CitationSI 2017/879

2017 No. 879

Merchant Shipping

The Merchant Shipping (Registration of Ships) (Amendment) Regulations 2017

Made 4th September 2017

Laid before Parliament 7th September 2017

Coming into force 1st October 2017

The Secretary of State, in exercise of the powers conferred by section 10 of the Merchant Shipping Act 19951, makes the following Regulations:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Merchant Shipping (Registration of Ships) (Amendment) Regulations 2017 and come into force on 1st October 2017.

Amendment to the Merchant Shipping (Registration of Ships) Regulations 1993

Amendment to the Merchant Shipping (Registration of Ships) Regulations 1993

S-2 The Merchant Shipping (Registration of Ships) Regulations 1993 ...

2. The Merchant Shipping (Registration of Ships) Regulations 19932are amended as follows.

S-3 In regulation 40(2) (documents to be retained by the...

3. In regulation 40(2)3(documents to be retained by the Registrar)—

(a) for “All documents”, substitute “All original documents”, and

(b) omit the second sentence.

S-4 In each of regulation 45(1)(b) (registration of transfer of a...

4. In each of regulation 45(1)(b) (registration of transfer of a ship), regulation 58(b) (registration of mortgage) and regulation 61(b)4(transfer or transmission of registered mortgage), insert “where an original is provided,” before “endorse”.

S-5 In each of regulation 46(2)(a) (evidence of title on...

5. In each of regulation 46(2)(a) (evidence of title on transmission of a registered ship) and regulation 60(b)(i)5(evidence on transmission of mortgage), for “an office copy”, substitute “a copy”.

S-6 In regulation 82(3) (registration) insert “copies of” before...

6. In regulation 82(3)6(registration) insert “copies of” before “all declarations of eligibility” and before “any declarations required by regulation 24 (Applications by bodies corporate)”.

S-7 After regulation 105 insert— 105A Copies of documents 1 Where...

7. After regulation 105 insert—

S-105A

Copies of documents

105A.—(1) Where any document listed in paragraph (2) is to be provided by or to the Registrar, the Registrar may provide or receive a copy of that document, including a copy provided or received by means of an electronic communication.

(2) The documents referred to in paragraph (1) are—

(a)

(a) a transcript of the entries in the Register referred to in regulation 2(3);

(b)

(b) an appointment of a representative person referred to in regulation 18(4)(a);

(c)

(c) a certified extract in respect of the ship referred to in regulation 22(2)7;

(d)

(d) proof of incorporation in accordance with the laws of a foreign country referred to in regulation 24(b)8;

(e)

(e) a certificate from the one of the Registrars of Companies referred to in regulation 24(c);

(f)

(f) a builder’s certificate referred to in regulation 28(1)(a)9or 59(4)(e);

(g)

(g) a bill of sale referred to in regulation 28(1)(b) and regulation 43(1);

(h)

(h) a certificate of survey or measurement specifying a ship’s tonnage and build referred to in regulation 29(3)10, regulation 51(3)11, regulation 82(1)(b) and regulation 113A(1)12;

(i)

(i) a carving and marking note referred to in regulation 31(2)13, regulation 33, regulation 35 and regulation 8014;

(j)

(j) a certificate of permanent defacement referred to in regulation 31(4);

(k)

(k) a renewal notice referred to in regulation 4115or regulation 83(2)16;

(l)

(l) a grant of representation or an extract from that grant in regulation 46(2)(a) or regulation 60(b)(i);

(m)

(m) such evidence of proof of title referred to in regulation 46(2)(b) or regulation 60(b)(ii);

(n)

(n) a signed notification referred to in regulation 4917, regulation 84 or regulation 9818;

(o)

(o) a marking note referred to in regulation 52(2), regulation 53(3), regulation 54 and regulation 72;

(p)

(p) a copy of certificate of registry, and any other document evidencing registration referred to in regulation 59(4)(d);

(q)

(q) an instrument of transfer of a registered mortgage in regulation 6119;

(r)

(r) a mortgage deed referred to in regulation 62(1);

(s)

(s) a certificate of registry or other document referred to in regulation 77(3)(c);

(t)

(t) a notarised translation in the English language of any other document, as referred to in regulation 103.

(3) For the purposes of paragraph (1)—

“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

(i) by means of an electronic communications network; or

(ii) by other means but while in electronic form; and

“electronic communications network” has the meaning set out in section 32(1) of the Communications Act 200320.”

S-8 In regulation 108 (duplicate certificates)— in paragraph (4),...

8. In regulation 10821(duplicate certificates)—

(a) in paragraph (4), after “the Registrar shall”, insert “authorise the appropriate person to issue a provisional certificate, endorsed with a statement of the circumstances under which it is granted.”;

(b) omit the rest of paragraph (4); and

(c) in paragraph (5), omit “faxed duplicate or the”.

S-9 In regulation 113A(1) (transfers etc. where tonnage not in...

9. In regulation 113A(1) (transfers etc. where tonnage not in accordance with ITC 69), for “lodged with”, substitute “provided to”.

S-10 After regulation 113A insert— 113B Review 1 The Secretary of...

10. After regulation 113A insert—

S-113B

Review

113B.—(1) The Secretary of State must from time to time—

(a)

(a) carry out a review of the regulatory provision contained in these regulations, and

(b)

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 1st October 2022.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 201522requires that a report published under this regulation must, in particular—

(a)

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b)

(b) assess the extent to which those objectives are achieved,

(c)

(c) assess whether those objectives remain appropriate, and

(d)

(d) if...

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