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

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

The Merchant Shipping (Registration of Ships) Regulations 1993^f1 are amended as follows.

In regulation 40(2)^f1 (documents to be retained by the Registrar)—

In each of regulation 45(1)(b) (registration of transfer of a ship), regulation 58(b) (registration of mortgage) and regulation 61(b)^f1 (transfer or transmission of registered mortgage), insert “where an original is provided,” before “endorse”.

In each of regulation 46(2)(a) (evidence of title on transmission of a registered ship) and regulation 60(b)(i)^f1 (evidence on transmission of mortgage), for “an office copy”, substitute “a copy”.

In regulation 82(3)^f1 (registration) insert “copies of” before “all declarations of eligibility” and before “any declarations required by regulation 24 (Applications by bodies corporate)”.

After regulation 105 insert—

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

(b)

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

(c)

a certified extract in respect of the ship referred to in regulation 22(2)^f1;

(d)

proof of incorporation in accordance with the laws of a foreign country referred to in regulation 24(b)^f2;

(e)

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

(f)

a builder’s certificate referred to in regulation 28(1)(a)^f3 or 59(4)(e);

(g)

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

(h)

a certificate of survey or measurement specifying a ship’s tonnage and build referred to in regulation 29(3)^f4, regulation 51(3)^f5, regulation 82(1)(b) and regulation 113A(1)^f6;

(i)

a carving and marking note referred to in regulation 31(2)^f7, regulation 33, regulation 35 and regulation 80^f8;

(j)

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

(k)

a renewal notice referred to in regulation 41^f9 or regulation 83(2)^f10;

(l)

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

(m)

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

(n)

a signed notification referred to in regulation 49^f11, regulation 84 or regulation 98^f12;

(o)

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

(p)

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

(q)

an instrument of transfer of a registered mortgage in regulation 61^f13;

(r)

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

(s)

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

(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)—

  1. (i)

     by means of an electronic communications network; or

  2. (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 2003^f14.”

In regulation 108^f1 (duplicate certificates)—

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

After regulation 113A insert—

“Review

113B.

(1)

The Secretary of State must from time to time—

(a)

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

(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 2015^f1 requires that a report published under this regulation must, in particular—

(a)

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

(b)

assess the extent to which those objectives are achieved,

(c)

assess whether those objectives remain appropriate, and

(d)

if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5)

In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).”

(This note is not part of the Regulations)