Antigua and Barbuda Merchant Shipping (Amendment) Act 1996

Link to law: http://laws.gov.ag/acts/1996/a1996-5.pdf

nd Barbuda Merchmu 1 ANTIGUA
Shipping (Amendment) Act 19%. AND

BARBUDA

[ L.S. ]

I Assent,

James B. Carlisle,
Governor-General.

ANTIGUA AND BARBUDA

No. 5 of 1%

AN ACT to amend the Antigua and Barbuda Merchant Shipping
Act (Cap 28).

[ 19th December, 1996 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows -

1. This Act may be cited as the Antigua and Barbuda Merchant Shoa title.
Shipping (Amendment) Act 1996.

2. Section 9 (1) of the Antigua and Barbuda Merchant Shipping Amendment of
Act (hereinafter called the principal Act) is amended - section 9 (1) of Cap. 28.

ANTIGUA 2 Antigua and Barbuda Merchant No. 5 of 19%.
AWB Shipping (Amendment) Act 19%.

B m m A

(1) in paragraph (a), by adding the following -

"(iv) a corporation registered under the International
Business Corporation Act." and

(2) by deleting p:m~gmph (b).

Insertion of new 3. The principal Act is mended by inserting after section 33 the
sections ir. principal f ollowing sections -
Act.

Registration as 33A (1) Notwithstanding any other provision
Chartered of this .4ct, an Antigum and Barbudan ship may be
Barebats in a
Foreign Register registered as a charhered bareboat in a foreign

register a d may use the colours of the country of
such foreign register.

(2) Registration as a cimmred bareboat within
the meaning of this Chapter is the registration in a
foreign register for such period of time as the
Registrar may approve and under f w d legal
conditionsdaship which continues toberegistaed
in the Antiguan and Barbudan register.

(3) Bmboat chamring within the meaning of
this C h p w is the sane as under section 25 (4).

Conditions of 33B (1) A chartered bmboat m y be regicLrd
for under this Chapter in a foreign register on the

Regist-ation of
Chartered application of the registered owner for such period

in a as the Registrar may approve if -
Foreign Register

(a) the shrp is registered as an Antigoan
and Barbudan ship under Chapter 1,

(b) the hw of the counrry of the fmig
regislr dbws the regis&aiimi n*
clmtered bareboats in its regisis,

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Shipping (Amendment) Act 19%. AND

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(c) the ship is chartered as a bareboat to a
foreign individual or corporation;

and

(d) the following documents' are sub-
mitted -

(i) the written application of the
shipowner forpermission for
the registration of the ship as
a chartered bareboat in a
foreign register,

(ii) a copy of the charter
agreement,

(iii) the written consent of the
appropriate maritime
authorities of the country of
the foreign regisby,

(iv) the written consent of the
mortgag=s,

(v) the written un&&g by
the shipowner to surrsnder
the Cerfiticate of Antiguaand
Barbuda Registration issued
under Chapter 1 within
f h days from the date of
theRegistrar'sconsent under
this Chapter.

(2) he shipowner shall to the ~e~is trar
any amendments or mdications to the charter
agreement within thirty days of such amendments
or modihtions being effected.

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ANj3 Shipping (Amendment) Act 19%.

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~ a m e of Char- 33C. (1) A ship registered under Chapter 1
wed Bareboats when being registered in a foreign register under
regiaaed in a this Chapter shall keep the name undq which it is
Foreign Register. registered in Antigua and Barbuda.

(2) The m e ofa ship registered in hdguaand
Barbuda and registered as a chartered barehat in
a foreign register may be changed with the written
permission of the Registrar only if such chang2 is
beimg effected also in the foreign register; but such
namemay not be the sane as that of aship registered
in the Antigum and Barbudrun register.

Flag. 33D. Dmingt?zetimeanAntiguanandBarbudan
ship is regismd as achamred bareboat in a foreign
register under the provisions of this Chapter such
ship shall hoist &e flag of the country of the foreign
register mci shall not hoist the Antiguan and
Barbudan Flag.

Exclusive 33E. (1) Notwithstanding thatan A n t i g ~ and
Am1id0n of Barbudan $hip may be registered as a bareboat in a
Antiguan and
BarbUdm Law foreign register, dinuaers with respect to title over
in resped of the ship, mortgages and other encumbces shall
ownership and continue to be governed by Antiguan and Barbudan
encumbrances. law.

(2) Any transaction affecting the title over the
ship or relating to the registration, amendment,
transfer and transmission and discharge of
mortgages shall be made a d registered in
ztamhce with the prowsions ofthis Act and only
by the person or legal entities specifned therein.

(3) Where a c h m e d h e b a t is granted
permission to be registered in a foreign rcgieter
under this Chapter, mortgages and otbea
e t ~ u m b m c e s under Antiguan and Barbudan law
which are a charge on the ship at the time d
regismtion in the foreign register shall cunti.nur to
exist and be >e charge un the ship.

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(4) Mortgages md encumbrances referred to in
subsection (3) continue to be governed by Antiguan
and Barbudan jaw and are qot affected by the fact
of the registration of the ship 3s a c b r k r d bareboat
in a foreign register; and such mortgages and other
encumbrances m y only be peecr?M in the foreign
register for purpose of information.

(54 Notwithstanding the registration of a ship as
a chartered bareboat in a foreign register under this
Chapter amortgage or encumbrance may kcread
over the ship only by the shipowner and in
accordance with Antiguan and Barbudan law.

(6) The shipowner shall immediately no@ the
Registrar of the closure or lapse of the registration
as a chrtered bareboat in the foreign register.

Withdrawalof 33F. (1) The Registrar may withdraw the
Petmission. permission to the registration of the ship as a

chatZered bareboat in a foreign register if -

(a) my of the wtditions of subsection (1)
of section 33 d this Act bas not been
fdfilledorceasestobefuIfnlld or

(& the shipowner fails to comply with any
other applicable provision of this Act,
or

(el thechimag
ZminaMby a~yofthe parties to it; or

fd) a mortgagee request so in writi:,:g.

(2) U p n the withdrawal ofthe permission of the
Registrar under subsection (1) -

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AND Shipping (Amendment) Act 19%-

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(a) theRegistrar shallendeavour to inform
theappqnhteauthciitiesofthe foreign
register, the shipowner, the chatterer
andthemortgageesof such withdrawal,
and

(b) the shipowner s h d forthwith cause
theregistration as a c h e d bareboat
in the foreign register tobe terminated.

(3) Upon termination of the permission to the
registration of the ship as a charmed bareboat in a
foreign register the Registrar shall make an entry
thereof in the register, and the ship shall thereupon
be again subject to all the provisions of this Act and
other Antiguan and Barbudan law applying on
ships registered in Antigua and Barbuda and the
Registrar shall again issue to the shipowner a
Certificate of Antigua and Barbuda Regismtion
unless the shipowner shall fail to comply with any
requirement under this Act for the issuance of such
&cate.

Repeal and 4. Section 61 of the principal Act is repealed and the following
substitution of is substituted -
section 61 of
principal Act.

61. In this Part-

"home tradearea"meansanareabetween the following
hies:

North: the parallel latitude of 3 1 degrees

South: tbe Equator

West : the Coastline of Continend America
lying between the Northern and Southern limits
givem above.

a t : the Meridian of 50 degrees west.

"Foreign going ship" means a ship registered in
Antigua and Barbuda not being a home trade ship
employed in between any po~t or place in
Antigua and Barbuda and any other port or place or
between ports or places outside Antigua and Barbuda.

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Shipping (Amendment) Act 19%. AND

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Passed by the House of Representatives this Passed by the Senate this 7th day of
17th day of October, 1996. November, 1996.

B. Harris,

Speaker.

M . Percival,

President.

S. Walker, S. Walker,

Clerk to the House of Representatives. Clerk to the Senate.

WSII& at tk Government Rintkg Office, Antigua and Barbuda,
by Rupert CMty, &venrament Printer

- By Authority, 19%.
%XI--1296 I Price $2.95 1
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