OpenLegislation

Regulation 8 British connection and majority interestI1

United Kingdom

(1)

Subject to F1the relevant provisions of the sanctions regulations, regulation 36(4) (Refusal of registration) and paragraphs (2), F2(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 F3under regulation 7(1).

(2)

F4Where a majority interest in a ship is owned by a person or persons qualified by reason of F5regulation 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)

F6Where 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)

F7Where the majority interest is owned by the following persons:—

(a)

one or more persons who are qualified by reason of F8regulation 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),

F9the 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.

Annotations

Textual amendments

F1

Words in reg. 8(1) inserted (31.12.2020) by The Merchant Shipping (Registration of Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/509), regs. 1(3), 6(a); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in reg. 8(1) substituted (21.3.1994) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1994 (S.I. 1994/541), regs. 1, 4(a)(i)

F3

Words in reg. 8(1) substituted (21.3.1994) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1994 (S.I. 1994/541), regs. 1, 4(a)(ii)

F4

Words in reg. 8(2) substituted (21.3.1994) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1994 (S.I. 1994/541), regs. 1, 4(b)

F5

Words in reg. 8(2) substituted (29.3.2019) by The Merchant Shipping (Registration of Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/509), regs. 1(2), 6(b)

F6

Word in reg. 8(4) substituted (21.3.1994) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1994 (S.I. 1994/541), regs. 1, 4(c)

F7

Word in reg. 8(5) substituted (21.3.1994) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1994 (S.I. 1994/541), regs. 1, 4(d)(i)

F8

Words in reg. 8(5)(a) substituted (29.3.2019) by The Merchant Shipping (Registration of Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/509), regs. 1(2), 6(c)

F9

Words in reg. 8(5) substituted (21.3.1994) by The Merchant Shipping (Registration of Ships) (Amendment) Regulations 1994 (S.I. 1994/541), regs. 1, 4(d)(ii)

Commencement

I1

Reg. 8 in force at 21.3.1994, see reg. 1(1)