Merchant Shipping (Registration of Ships) Regulations 2003
MERCHANT SHIPPING (REGISTRATION OF SHIPS)
REGULATIONS 2003
1
BR 27/2003
BERMUDA MERCHANT SHIPPING ACT 2002
2003 :
THE MERCHANT SHIPPING (REGISTRATION OF SHIPS)
REGULATIONS 2003
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
1 Citation and
commencement
2 Interpretation
PART II
THE REGISTER OF BRITISH
SHIPS IN BERMUDA
3 The register
4 Trusts not to be entered
PART III
QUALIFICATION AND
ENTITLEMENT FOR
REGISTRATION ON PART I OF
THE REGISTER
5 Persons qualified to be
owners of British ships to
be registered on Part I of
the register
6 Bermuda connection and
majority interest
PART IV
APPOINTMENT OF
REPRESENTATIVE PERSONS
7 Appointment of
representative persons
8 Service on representative
persons
PART V
REGISTRATION
9 Form of application
10 The applicant
11 Applications for
registration
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12 Appointment of managing
owner
13 Appointment of ship's
manager
14 Applications by bodies
corporate
15 Declaration of intent
16 Form of declaration of
intent
17 Declaration of eligibility to
be submitted before
registration
18 Evidence of title on
registration
19 Survey and measurement
of ship
20 Names
21 Allocation port of choice
and official number
22 Marking
23 Inspection of marks
24 Verification of
measurement and carving
and marking
25 Cancellation of carving
and marking note
26 Registration and refusal of
registration of a ship
27 Issue of certificate of
registry
28 Period of registration
29 Documents to be retained
by the Registrar
30 Renewal notices and time
limit for renewal
31 Application for renewal of
registration
32 Evidence of title on
registration of transfer of
ship
33 Form of bill of sale
34 Registration of transfer of
a ship
35 Evidence of title on
transmission of a
registered ship
36 Declaration of eligibility
on transfer or
transmission
37 Refusal of registration of
transfer or transmission
38 Notification of change
affecting eligibility of ship
to be registered
39 Notification of change
affecting ownership of
ship
40 Change in registered
particulars of ship
41 Change of name
42 Re-marking of ship
43 Registration of change of
name
44 Removal from the register
PART VI
MORTGAGES
45 Form of mortgage
46 Registration of mortgage
47 Notices by intending
mortgagees: priority
notices
48 Evidence of transmission
of mortgage
49 Transfer or transmission
of registered mortgage
50 Discharge of mortgages
51 Effect of termination of
registration on registered
mortgage
PART VII
PROVISIONAL REGISTRATION
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52 Provisional registration
53 Application for provisional
registration
54 Period of provisional
registration
55 Certificate of provisional
registration
56 Provisional registration
not to be renewed
PART VIII
TRANSFER OF REGISTRATION
57 Transfer of registration to
the United Kingdom or
relevant British
possession
58 Transfer of registration
from relevant British
possession
PART IX
SHIPS ON DEMISE CHARTER
Ships chartered-in on demise
charter terms
59 Qualification and
entitlement for
registration of ships
chartered-in by demise
60 Appointment of
representative person
61 Applications
62 Names
63 Allocation of home port
64 Marking
65 Inspection of marks etc.
66 Registration
67 Period of registration
68 Notification of changes
affecting eligibility of ship
to be registered
69 Notification of change of
ownership
70 Application of other
regulations to this Part
71 Notification to foreign
registries by Registrar
72 Closure of registration of
ship chartered on demise
charter terms by the
Registrar
Ships chartered-out on demise
charter terms
73 Applications for consent
PART X
MISCELLANEOUS
74 Service of notices
75 Copy of notice to be sent
to mortgagee
76 Documents not in the
English language to be
accompanied with a
translation
77 Witnessing of documents
78 Dispensing with
declarations
79 Requirement for
supplementary
information
80 Fees
81 Duplicate certificates
82 Custody of certificate
83 Surrender of certificate on
termination or expiry of
registration
84 Dispensing with
production of certificate
85 Transfers etc. where
tonnage not in accordance
with ITC 69
86 Removal of marks on
cessation of registration
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PART XI
OFFENCES
87 Offences
PART XII
TRANSITIONALS
88 Definitions for this Part
89 Validity of old certificates
90 Continuation in force of
old certificates
91 Registered information
92 Issue of new certificates of
registry
93 Advertisement rather than
renewal notice
94 Applications for
registration made before
commencement of these
Regulations.
PART XIII
SUPPLEMENTARY
95 References to port of
registry to be construed
as references to Hamilton
SCHEDULE 1: APPROVAL OF
NAMES
SCHEDULE 2: CARVING AND
MARKING
SCHEDULE 3: PARTICULARS
TO BE RECORDED IN THE
REGISTER
SCHEDULE 4: CERTIFICATE
OF REGISTRY
In exercise of the powers conferred upon the Minister by sections
25 and 32(6) of the Merchant Shipping Act 2002, the following
Regulations are hereby made:
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Merchant Shipping
(Registration of Ships) Regulations 2003 and shall come into force on 7
April 2003.
Interpretation
2. (1) In these Regulations unless the context otherwise
requires—
"the Act" means the Merchant Shipping Act 2002;
“application for registration" includes, except where otherwise
stated, application for registration of a ship or share in a
ship; application for re-registration of the same; and
application for the registration of a transfer or transmission of
a ship or a share in a ship; but does not include application
for the renewal of registration;
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"appropriate person" means in relation to a port in a country
outside Bermuda—
(a) any British consular officer within whose consular
district the port lies;
(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;
"appropriate attestation" means attestation in a form approved
by the Minister;
"authorised surveyor" means any person authorised under the
Merchant Shipping (Tonnage) Regulations 1982 (or any
regulations amending or replacing them) to carry out the
measurement of ships for the purposes of those Regulations;
"builders certificate" means a certificate signed by the builder of
the ship and containing a true account of the proper
dimensions and of the tonnage of the ship, as estimated by
him, and of the date and place where it was built, and of the
name of the person, if any, for whom the ship was built, or
the name of the person to whom it was delivered;
"certificate of charter by demise" means a certificate of
registration issued to a ship which is registered pursuant to
section 31 of the Act;
"certificate of registry" means a certificate of British registry
which is issued to a ship which is registered under the Act
and includes a certificate of charter by demise;
"certified transcript" means an extract from the register certified
by the Registrar showing the entry in the register in respect of
a ship, its ownership and any mortgages as at a specified
date;
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"classification society" means a person authorised to act as a
'Certifying Authority for the purposes of the Merchant
Shipping (Tonnage) Regulations 1982 or any regulations
amending or replacing them;
"closure transcript" means an extract from the register certified
by the Registrar showing that the entry in the register in
respect of a ship has been closed, the date of its closure, and
the details about the ship and its ownership and any
subsisting mortgages at the time of closure;
"declaration of eligibility" means a declaration which complies
with the provisions of regulation 11(1);
"EEA Agreement" means the Agreement on the European
Economic Area signed at Oporto on 2 May 1992 as adjusted
by the Protocol signed at Brussels on 17 March 1993;
"EEA State" means a State which is a contracting party to the
EEA Agreement;
"freeze" means to prevent any entry (which includes a deletion of
an entry) being made in the register;
"non-United Kingdom nationals exercising their right of freedom
of movement of workers or right of establishment" means
persons who are either
(a) nationals of a member State other than the United
Kingdom exercising in the United Kingdom their rights
under Article 48 or 52 of the EEC Treaty, as the case
may be; or
(b) nationals of a State, other than a member State, which
is a Contracting Party to the EEA Agreement exercising
in the United Kingdom their rights under Article 28 or
31 of the EEA Agreement;
"inspector of marks" means an authorised measurer or any
person authorised by the Minister to verify the carving and
marking of a ship under these Regulations;
"overall length" for ships to be registered on the register means
the distance between the foreside of the foremost fixed
permanent structure and the aftside of the aftermost fixed
permanent structure;
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"owner" means, in relation to a ship or share in a ship, the
person owning the ship, or as the case may be, a share in the
ship, whether or not registered as owner;
"pleasure vessel" means—
(i) any ship which at the time it is being used is—
(a) (i) in the case of a ship wholly owned by an
individual or individuals is used only for
the sport or pleasure of the owner or the
immediate family or friends of the owner;
or
(ii) in the case of a ship owned by a body
corporate, the persons on the ship are
employees or officers of the body
corporate, or their immediate family or
friends; and
(b) on a voyage or excursion which is one for
which the owner does not receive money for
or in connection with operating the ship
carrying any person, other than as a
contribution to the direct expenses of the
operation of the ship incurred during the
voyage or excursion; or
(ii) any ship wholly owned by or on behalf of a
members' club formed for the purpose of sport
or pleasure which, at the time it is being used, is
used only for the sport or pleasure of members
of that club or their immediate family; and for
the use of which any charges levied are paid into
club funds and applied for the general use of the
club; and
(iii) in the case of any ship referred to in
subregulation (i) or (ii) no other payments are
made by or on behalf of users of the ship, other
than by the owner;
in this definition, "immediate family" means in relation to an
individual, the husband or wife; and "relative" means brother,
sister, ancestor or lineal descendant;
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"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;
“ship’s manager” means a person who exercises the functions of
a managing owner;
"ship on charter by demise" means a ship registered by virtue of
section 31 of the Act;
"surveyor of ships" means a marine surveyor nominated by the
Minister to undertake the surveys required by these
Regulations and includes any marine surveyor of the
Department of Maritime Administration;
"transfer of a ship" includes transfer of a share in a ship.
(2) In these Regulations, the beneficial ownership of a ship or a
share in a ship shall be determined by reference to every beneficial
interest in that ship, however arising (whether held by trustee or
nominee or arising under a contract or otherwise), other than an interest
held by any person as mortgagee.
PART II
THE REGISTER OF BRITISH SHIPS IN BERMUDA
The register
3. (1) The register maintained by the Registrar in accordance with
section 23 of the Act shall be divided into the following parts—
(a) Part I for ships owned by persons qualified in
accordance with these Regulations; and
(b) Part II for ships which are registered under section 31 of
the Act ('ships on charter by demise').
(2) The register may consist of both paper and computerised
records and such other records as the Minister may consider to be
expedient.
(3) Any person shall be entitled on application to the Registrar
and on payment of the prescribed fee to obtain a transcript, certified by
an authorised officer, of the entries in the register.
(4) During the official opening hours of the Department of
Maritime Administration any person shall be entitled (by prior
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arrangement with the Registrar) on payment of the prescribed fee to
inspect the entries in the register.
(5) Entries in the register shall be made in accordance with the
following provisions—
(a) the property in a ship shall be divided into sixty-four
shares;
(b) subject to the provisions of the Act and these
Regulations with respect to joint owners or owners by
transmission, not more than sixty-four persons shall be
entitled to be registered at the same time as owners of
any one ship. This rule shall not affect the beneficial
title of any person represented by or claiming under or
through any registered owner or joint owner;
(c) a person shall not be entitled to be registered as owner
of a part of a share; but any number of persons not
exceeding five may be registered as joint owners of a ship
or of any share or shares in a ship;
(d) joint owners shall be considered as constituting one
person only as regards the persons entitled to be
registered, and shall not be entitled to dispose in
severalty of any interest in a ship, or in any share in a
ship in respect of which they are registered.
(6) The Registrar shall be entitled to amend the register where
(a) a clerical error has occurred; or
(b) sufficient evidence is produced to satisfy him that the
entry is incorrect;
and on making the amendment he shall issue a new certificate of registry
if necessary.
Trusts not to be entered
4. (1) Subject to subregulation (2) no trust, express, implied or
constructive may be registered by the Registrar.
(2) Where, on the bankruptcy of a registered owner or
mortgagee his title is transmitted to his trustee in bankruptcy, that
person, if a qualified person, may be registered as the owner or
mortgagee of a British ship or share in a ship.
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PART III
QUALIFICATION AND ENTITLEMENT FOR REGISTRATION
ON PART I OF THE REGISTER
Persons qualified to be owners of British ships to be registered on
Part I of the register
5. (1) The following persons are qualified to be the owners of
British ships which are to be registered on Part I of the register—
(a) British citizens;
(b) non-United Kingdom nationals exercising their right of
freedom of movement of workers or right of
establishment;
(c) British Overseas Territories citizens;
(d) British Overseas citizens;
(d) persons who under the British Nationality Act 1981 of
the United Kingdom are British subjects:
(e) persons who under the Hong Kong (British Nationality)
Order 1986 of the United Kingdom are British Nationals
(Overseas);
(f) bodies corporate incorporated in a EEA State;
(g) bodies corporate incorporated in the United Kingdom or
in any relevant British possession;
(h) bodies corporate incorporated in Bermuda; and
(i) European Economic Interest Groupings being groupings
formed in pursuance of Article I of Council Regulation
(EEC) No. 2137/85 (set out in the Schedule to United
Kingdom Statutory Instrument 1989/638) and
registered in the United Kingdom.
(2) A person who is not qualified under subregulation(1) to be
the owner of a ship registered on Part I of the register may nevertheless
be one of the owners of such a ship if
(a) a majority interest in the ship (within the meaning of
regulation 6) is owned by persons who are so qualified
under subregulation (1); and
(b) the ship is registered on Part I of the register.
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Bermuda connection and majority interest
6. (1) Subject to regulation 26 (2) and subregulations (2) and (3),
a ship shall be entitled to be registered if a majority interest in the ship is
owned by one or more persons qualified under regulation 5(1).
(2) Where a majority interest in a ship is owned by a person or
persons qualified by reason of regulation 5 (1), the ship shall, subject to
subregulation (3), be registered only if that person is or (as the case may
be) any of those persons are, resident in Bermuda.
(3) Where the condition in subregulation (2) is not satisfied the
ship shall be registered only if a representative person is appointed in
relation to the ship under Part IV.
(4) For the purposes of this regulation
(a) one or more persons shall be treated as owning a
majority interest in a ship if there is vested in that
person or in those persons, taken together, the legal title
to thirty-three or more shares in the ship (there being
left out of account for this purpose any share in which
any beneficial interest is owned by a person who is not
entitled to be an owner of a British ship); and
(b) a body corporate shall be treated as resident in Bermuda
if it is incorporated or registered there and carries on
business from a place of business maintained by it in
Bermuda.
PART IV
APPOINTMENT OF REPRESENTATIVE PERSONS
Appointment of representative persons
7. (1) Where the entitlement of any ship to be registered is
conditional upon the appointment of a representative person, the owner
of the ship shall
(a) before applying for the ship to be registered, appoint an
individual or body corporate satisfying the requirements
in subregulation (2) to be the representative person; and
(b) ensure that, so long as the ship remains registered, an
individual or body corporate satisfying those
requirements shall be so appointed.
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(2) A representative person is either
(a) an individual resident in Bermuda; or
(b) a body corporate incorporated or registered in Bermuda
and carrying on business from a place of business
maintained by it in Bermuda.
(3) The appointment of the representative person shall be made
in a form approved by the Minister and shall contain the name, address
and other contact particulars of the representative person.
(4) The owner of any ship in relation to which any
representative person is for the time being appointed under this
regulation shall
(a) on applying for the ship to be registered, send to the
Registrar the appointment required by subregulation (3);
(b) in the event of any change in the identity, or in the
address of the representative person, notify the Registrar
of the relevant change within 7 days of the change
occurring;
and the Registrar shall record the new particulars in the register.
Service on representative persons
8. Any document required or authorised to be served by or under
the Act or required or authorised, by virtue of any statutory provision, to
be served for the purpose of the institution of, or otherwise in connection
with, proceedings for an offence under the Act, or under any instrument
in force by or under the Act, on the owner of a ship shall be treated as
duly served on him if it is —
(a) delivered to any representative person for the time being
appointed;
(b) sent to any such person by post or by electronic
transmission at the address notified (or, as the case may
be, last notified) to the Registrar under regulation 7(4)
in relation to that person; or
(c) left for any such person at that address.
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PART V
REGISTRATION
Form of application
9. (1) Every application made under these Regulations shall be
made to the Registrar at the Department of Maritime Administration in
person, by post or by electronic transmission.
(2) The application shall be made in a form approved by the
Minister and shall contain the name and address of the applicant and
sufficient information to enable the ship to be identified.
The applicant
10. Every application made under these Regulations shall be made
(a) in the case of individuals, by one or more of the
individuals registered or requiring to be registered as
owners or by his or their agent;
(b) in the case of a body corporate, by a director, secretary
or other duly authorised officer of that body corporate,
or by its agent; or
(c) in the case of an European Economic Interest Group, by
a duly authorised officer of that Group, or by its agent.
Applications for registration
11. (1) Subject to regulation 14, every application for registration
must be supported by a declaration of eligibility which shall be in a form
approved by the Minister and shall include
(a) a declaration of ownership by every owner setting out his
qualification to own a British ship;
(b) a declaration of Bermuda connection;
(c) a statement of the number of shares in the ship the legal
title of which is vested in each owner whether alone or
jointly with any other person or persons.
(2) Every application for registration of a ship which has,
immediately prior to the application, been registered on any other
register shall be accompanied with
(a) a certified extract from that register in respect of that
ship; and
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(b), where the application is in respect of the registration of a
ship pursuant to section 31 of the Act ('Ships chartered
in by demise'), a declaration by the registrar of the
country of primary registration that the certificate of
registration has been surrendered to him.
(3) Every application for registration of a ship shall be
accompanied with an instrument evidencing the appointment of a
managing owner under regulation 12 or a ship's manager under
regulation 13.
Appointment of managing owner
12. (1) Where application is made in respect of a ship which has
more than one owner, or whose shares are owned by more than one
owner, and no representative person has been appointed under Part IV,
one of those owners who is resident in Bermuda shall be nominated as
the managing owner, and the register shall be marked accordingly and
all correspondence shall be sent to that person at the address recorded
in the register in respect of that owner.
(2) Where the owners determine that a different managing
owner should be appointed, the Registrar shall be notified in writing
within 48 hours of the appointment and the register noted accordingly.
(3) Any document required or authorised to be served, by or
under the Act or required or authorised, by virtue of any statutory
provision, to be served for the purpose of the institution of, or otherwise
in connection with, proceedings for an offence under the Act, or under
any instrument in force under the Act, on the owner of a ship shall be
treated as duly served on him if
(a) delivered to the managing owner; or
(b) sent to the managing owner by post or by electronic
transmission at the address notified (or, as the case may
be, last notified) to the Registrar under subregulation (1)
or (2) in relation to that person;
(c) left for the managing owner at that address.
Appointment of ship’s manager
13. (1) Every owner of a ship on making application for registration
of a ship shall, where no managing owner has been nominated under
regulation 12, notify the Registrar of the person appointed as the ship’s
manager and the register shall be marked accordingly.
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(2) Where the owner appoints a different ship’s manager, he
shall notify the Registrar in writing within 48 hours of the appointment,
and the register shall be noted accordingly.
Applications by bodies corporate
14. Where application is made on behalf of a body corporate, the
application must be accompanied with—
(a) if it is a company incorporated in Bermuda, a copy of its
certificate of incorporation, and, in the case of a
company which has changed its name since
incorporation, its certificate of incorporation on change
of name;
(b) if it is an overseas company, a copy of its permit to
engage in business in Bermuda issued under section
134 of the Companies Act 1981;
(c) if it is a foreign corporation continuing in Bermuda as an
exempted company under the Companies Act 1981, a
copy of its certificate of registration of continuance
issued under section 132C of the Companies Act 1981;
(d) if it is—
(i) a company incorporated in the United Kingdom
or a member state;
(ii) a company incorporated in any relevant British
possession; or
(iii) a company incorporated in some other country;
proof in accordance with the laws of the country or
territory of its incorporation that the company is an
incorporated company and is of good standing; and
(e) if it is a body corporate incorporated by virtue of an Act
of Parliament, a Charter granted by Her Majesty, or an
Act or Ordinance of a British possession including
Bermuda, proof, sufficient to satisfy the Registrar, of its
incorporation.
Declaration of intent
15. Where, at the time when the application for registration is made,
the ownership of a ship has not yet passed (or fully passed) to the
persons who are to be its owners when it is registered, the application
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shall be accompanied with a declaration of intent instead of a declaration
of eligibility.
Form of declaration of intent
16. The declaration of intent shall consist of
(a) a draft declaration of eligibility setting out particulars of
ownership of the ship as they are intended to be when
the ship is registered; and
(b) a declaration that the ownership of the ship will, at the
time when registration occurs, be, to the best of his
knowledge, as stated in the draft declaration of
eligibility.
Declaration of eligibility to be submitted before registration
17. Where an application for registration is accompanied with a
declaration of intent and not by a declaration of eligibility, a duly
completed declaration of eligibility shall be submitted to the Registrar
prior to registration.
Evidence of title on registration
18. An application to register a ship must be supported by the
following evidence of title
(a) in the case of a new ship, the builder's certificate;
(b) in the case of a ship which is not new, either—
(i) a previous bill or bills of sale showing the
ownership of the ship for at least 5 years before
the application is made; or
(ii) if the ship has been registered with a full
registration at any time within the last 5 years, a
bill or bills of sale evidencing all transfers of
ownership during the period since it was so
registered;
(c) where the evidence required by paragraph (a) or (b) is
not available, other evidence of title satisfactory to the
Registrar.
Survey and measurement of ship
19. (1) Every ship, other than pleasure vessels under 24 metres in
length, shall before registration be surveyed by a surveyor of ships and
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her tonnage ascertained in accordance with the tonnage regulations.
(2) Pleasure vessels under 24 metres in length shall before
registration be surveyed by a measurer approved by the Minister for the
purpose and her tonnage ascertained in the manner provided in
subregulation (1).
(3) After survey or measurement, the surveyor or measurer
shall issue a certificate specifying the ship's tonnage and build and such
other particulars describing the identity of the ship as may be required
by the Minister; the certificate shall be delivered to the Registrar before
the ship may be registered.
(4) Subject to subregulation (5), a ship which is being—
(a) registered for the first time which has been surveyed or
measured and its tonnage ascertained within the
previous 12 months; or
(b) re-registered within 12 months of its registration on the
register ceasing;
shall not be required to be surveyed or measured, or its tonnage
ascertained, again in accordance with subregulation (1), (2) or (3) if a
declaration is made by the owners confirming that the survey or
measurement and tonnage details have not changed from those
previously provided to the Registrar.
(5) The Registrar may direct, if he thinks it appropriate, that
such declaration be provided by an authorised measurer or surveyor.
Names
20. (1) On making an application for the registration of a ship the
applicant shall propose a name by which the ship is to be called.
(2) Schedule 1 (which provides for the approval of names) shall
have effect.
(3) A ship shall not be described by any name other than its
registered name.
(4) A change shall not be made in a registered ship's name
without the prior written permission of the Registrar.
Allocation of port of choice and official number
21. (1) On making an application for registration of a ship the
applicant shall specify the port of Hamilton as the ship's port of choice.
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(2) On receipt of an application for registration of a ship for the
first time the Registrar, if he is satisfied that that ship is eligible to be
registered, shall allocate to the ship an official number and shall issue a
carving and marking note.
(3) The Registrar may, at the request of the owner, allocate an
official number to a ship notwithstanding that he is not yet satisfied as to
its eligibility.
(4) Where a ship has had a number allocated under
subregulation (3) and that number has been carved into the ship's beam
but the ship is not accepted as being eligible for registration, the number
shall be permanently defaced and a certificate to that effect shall be
provided by the classification society to the Registrar.
Marking
22. On receipt of a carving and marking note on first registration the
owner shall
(a) if the ship has not already been surveyed or measured
as required by regulation 19, cause it to be so surveyed
or measured;
(b) cause the ship to be carved and marked in accordance
with Schedule 2;
(c) where required under regulation 23 cause the ship's
carving and marking to be inspected by an inspector of
marks.
Inspection of marks
23. (1) An inspector of marks shall in respect of a ship other than a
pleasure vessel which is under 24 metres in length, satisfy himself that
the ship has been carved and marked in accordance with Schedule 2
and, when so satisfied, shall complete the carving and marking note and
return it to the Registrar.
(2) The owner of a pleasure vessel which is under 24 metres in
length shall certify that the ship has been carved and marked in
accordance with Schedule 2 and shall return the certified carving and
marking note to the Registrar.
Verification of measurement and carving and marking
24. (1) If the Registrar is not satisfied
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(a) that the particulars of the measurement and tonnage of
the ship or such other particulars describing the identity
of the ship, as have been required by the Minister,
furnished to him are correct; or
(b) that the ship is carved and marked in the manner
required by Schedule 2;
he may direct the owner to have the measurement or other details, or
carving or marking, of the vessel verified by an authorised measurer or
inspector of marks as appropriate.
(2) If the owner fails to comply with the direction of the
Registrar, the Registrar may—
(a) if the ship is not registered, refuse it registration until
his direction has been complied with; or
(b) if the ship is registered, he may serve notice on the
owner or managing owner, or any charterer, manager or
operator of the ship requiring him to produce evidence
within 30 days sufficient to satisfy him that the
particulars of the measurement and tonnage are, or that
the marking of the ship is, correct.
(3) If at the expiry of that period of 30 days the Registrar is not
so satisfied, he may
(a) extend the notice and ask for further information; or
(b) serve a final notice which closes the ship's registration,
such closure to be effected 7 days after the service of
that notice.
(4) Where a ship's registration is closed under subregulation
(3)(b) the owner of the ship shall forthwith surrender its certificate of
registry.
(5) Where the Registrar serves a notice under this regulation on
the owner of a ship in respect of which a mortgage is registered, he shall
send a copy of that notice to the mortgagee at the address recorded in
the register for the mortgagee.
Cancellation of carving and marking note
25. If a carving and marking note issued under regulation 21 is not
duly completed and returned to the Registrar within 3 months of its
issue, the Registrar may cancel it and the application shall be treated as
having been withdrawn.
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Registration and refusal of registration of a ship
26. (1) Where the Registrar is satisfied in respect of an application
that
(a) the ship is eligible to be registered as a Bermuda ship;
(b) the ship has been duly carved and marked and that the
appropriate survey or measuring certificate has been
provided;
(c) the particulars of the ship furnished to him are correct;
(d) title to the ship has been adequately proved (where
necessary); and
(e) the relevant requirements of these Regulations have
been complied with;
he shall, subject to subregulations (2) and (3) register the ship by
entering in the register the particulars of the ship and its owners
specified in Schedule 3.
(2) If the Registrar is not satisfied as mentioned in
subregulation (1) he shall, subject to regulation 79, refuse the
application.
(3) Notwithstanding that a ship is otherwise entitled to be
registered, the Registrar may refuse to register it if
(a) taking into account any requirement of the Act
(including any instrument made under it) relating to the
condition of the ship or its equipment so far as it is
relevant to its safety or to any risk of pollution or to the
safety, health and welfare of persons employed or
engaged in any capacity on board the ship, he considers
that it would be inappropriate for the ship to be
registered;
(b) he is satisfied that the company operating the ship does
not hold a Document of Compliance issued or accepted
by the Minister as required by the Merchant Shipping
(International Safety Management (ISM) Code)
Regulations 1998 ; or
(c) he is satisfied that there is not in force in relation to the
ship a Safety Management Certificate issued by the
Minister as required by the Merchant Shipping
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(International Safety Management (ISM) Code)
Regulations 1998.
(4) In subregulation (3)
"Document of Compliance" means the Document of
Compliance referred to in Regulation 4 of Chapter IX of
SOLAS;
"Safety Management Certificate" means the Safety
Management Certificate referred to in Regulation 4 of
Chapter IX of SOLAS;
"SOLAS" means the International Convention for the Safety of
Life at Sea, 1974, its Protocol of 1978 and its
amendments in force at 1 July 1998.
Issue of certificate of registry
27. Upon registering a ship the Registrar shall issue and send to the
owner a certificate of registry containing the particulars set out in
Schedule 3.
Period of registration
28. Subject to regulation 89, the registration of a ship shall, unless
terminated under these Regulations, be valid for a period of 10 years
beginning with the date of registration specified in the certificate of
registry and shall expire at the end of that period unless it is renewed in
accordance with regulations 30 and 31.
Documents to be retained by the Registrar
29. On registering a ship the Registrar shall retain in his possession
any builder's certificate or bill of sale or other evidence of title produced
on first registration, any certificate of measurement or survey, and all
declarations of eligibility.
Renewal notices and time limit for renewal
30. (1) At least 3 months (but not more than 6 months) before the
expiry of the registration period, the Registrar shall issue to the owner of
the ship a renewal notice.
(2) Subject to subregulation (3), the owner of the ship may
apply for renewal of registration at any time between the date of issue of
the renewal notice and the date of expiry of the current registration
period.
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(3) Notwithstanding subregulation (2), an application for
renewal of registration may be made prior to the last 3 months of the
current registration (or issue of a renewal notice), for issue of a certificate
of registry commencing prior to the expiry of the current registration
period.
(4) Where such a certificate is issued it shall not be valid for a
period greater than 10 years commencing on the date of issue and the
previous certificate shall then cease to be valid.
(5) Where pursuant to a renewal notice issued under
subregulation (1) no application for renewal is received from the owner of
the ship, the Registrar shall notify every mortgagee of that fact.
Application for renewal of registration
31. (1) Application for renewal shall be in a form approved by the
Minister and shall be accompanied with—
(a) a declaration of eligibility; and
(b) a declaration that there have been no changes to any
registered details of the ship that have not been notified
to the Registrar.
(2) Where no application for renewal is made the owner shall
notify each and every mortgagee of the expiration of the ship's
registration.
Evidence of title on registration of transfer of ship
32. On application for registration under paragraph 2(l) of Schedule
1 to the Act of a transfer of a registered ship or a share in a registered
ship, the bill of sale shall be produced to the Registrar.
Form of bill of sale
33. Every bill of sale effecting a transfer of a registered ship or a
share in a ship under the Act and these Regulations shall be in the form
approved by the Minister with appropriate attestation and shall contain a
description of the ship sufficient to identify it.
Registration of transfer of a ship
34. (1) If the Registrar is satisfied with the evidence under
regulation 32 that the ship or share in a ship has been transferred, he
shall—
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(a) enter the name of the new owner in the register as the
owner of the ship or share in question and issue a new
certificate, which shall be valid for a period of 10 years;
(b) register the bill of sale by entering the name of the new
owner in the register as owner of the ship or share in
question; and
(c) endorse on the bill of sale the fact that the entry has
been made, together with the date and time when it was
made.
Evidence of title on transmission of a registered ship
35. (1) An application for registration of a transmission of a
registered ship or a share in a registered ship under paragraph 3(l) of
Schedule 1 to the Act shall be made in the form approved by the
Minister.
(2) The following evidence shall be produced to the Registrar on
an application for a transfer of a registered ship or share therein by way
of transmission
(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
bankruptcy;
(c) if the transmission was consequent on an order of a
court, a copy of the order or judgement of that court.
Declaration of eligibility on transfer or transmission
36. Every application for the registration of a transfer or
transmission of a registered ship or a share in a registered ship shall be
accompanied with a declaration of eligibility and, where the application is
made on behalf of a body corporate, the document or documents
mentioned in regulation 14.
Refusal of registration of transfer or transmission
37. (1) If on an application for transfer or transmission of a ship or
shares in a ship the Registrar is not satisfied that the ship is eligible to
be registered
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(a) the Registrar shall serve a notice under subregulation (2)
on the owner of the ship; and
(b) the ship's registration shall terminate by virtue of this
subregulation at the end of the period of 14 days
beginning with the date of the service of that notice.
(2) A notice under this subregulation shall state
(a) that the Registrar is not satisfied that the vessel in
question is eligible to be registered; and
(b) that the ship's registration will accordingly terminate by
virtue of subregulation (1)(b) at the end of the period
referred to in that subregulation.
Notification of change affecting eligibility of ship to be registered
38. (1) If at any time there occurs, in relation to a registered ship
any change affecting the eligibility of the ship to be registered, not being
a change which affects the qualification or eligibility of the owner (as
prescribed by regulation 5) or the Bermuda connection of a ship (as
prescribed by regulation 6), the owner of the ship shall, as soon as
practicable after the change occurs, notify the Registrar.
(2) The notification referred to in subregulation (1) shall be
made in writing, shall be signed by the owner and shall specify the
nature of the change and the name and the official number of the ship.
(3) Any person who contravenes subregulation (1) shall be
guilty of an offence.
Notification of change affecting ownership of ship
39. (1) Where there is any transfer or transmission of a registered
ship or share in a registered ship
(a) the person ceasing to own the ship or share, or in the
event of his death, his legal personal representative,
shall notify the Registrar and surrender the certificate of
registry; and
(b) the Registrar shall cancel the certificate of registry and
shall freeze the register pending the application for the
registration of the transfer or transmission by the new
owner or owners of the ship or share.
(2) Where there is a transfer of a registered ship—
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(a) the new owners shall within 48 hours of the transfer
make application in accordance with these Regulations
for the transfer to be registered;
(b) if the transfer is of all the shares in the ship, and
application is not made within the 48 hours, the
Registrar may cancel the registration of the ship and the
certificate of registry;
(c) if the transfer is of one or some of the shares in the ship,
and application is not made within the 48 hours, the
Registrar shall serve a notice on the remaining registered
owners notifying them that, unless an application to
transfer the share or shares in question is made within
48 hours of the date of the notice the registration of the
ship and the certificate of registry may be cancelled.
(3) Where there is a transmission of a registered ship —
(a) the new owners shall promptly make application in
accordance with these Regulations for the transmission
to be registered;
(b) if the transmission is of all the shares in the ship, and
application is not made within a reasonable time, the
Registrar may cancel the registration of the ship and the
certificate of registry;
(c) if the transmission is of one or some of the shares in the
ship, and application is not made within a reasonable
time, the Registrar shall serve a notice on the remaining
registered owners notifying them that, unless an
application to register the transmission of the share or
shares in question is made within 48 hours of the date
of the notice the registration of the ship and the
certificate of registry may be cancelled.
Change in registered particulars of ship
40. (1) Where there is a change—
(a) in the registered particulars of a ship other than a
change in the tonnage of the ship; or
(b) in the name or address of an owner entered in the
register (not being a change of ownership);
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application shall be made as soon as practicable to the Registrar for the
change to be recorded in the register.
(2) Such application shall be in writing and shall, subject to
regulation 84, be accompanied with the certificate of registry and such
evidence as to the change as may be required by the Registrar.
(3) Where there is a change in the tonnage of a ship, it shall be
resurveyed or remeasured in accordance with regulation 19; thereafter
(a) application in a form approved by the Minister shall be
made as soon as practicable for the change to be
recorded in the register; and
(b) the application shall be accompanied with the certificate
of survey or measurement and the certificate of registry.
(4) On recording the change in the registered particulars the
Registrar shall cancel the existing certificate and issue to the owner a
new certificate of registry expiring on the same date as the existing one.
Change of name
41. (1) An owner of a registered ship may apply to the Registrar to
change the name of the ship.
(2) The application shall be made in a form approved by the
Minister and shall, subject to regulation 84, be accompanied with the
certificate of registry.
(3) If the Registrar is satisfied that the name complies with
Schedule 1 he shall issue a marking note to the owner.
Re-marking of ship
42. (1) On receipt of the marking note the owner shall cause the
ship to be marked with the new name and, in respect of ships over 24
metres, shall cause the marking to be inspected in accordance with
regulation 23.
(2) The owner or inspector shall, if satisfied that the ship is
marked in the manner required by Schedule 2, complete the marking
note and return it to the Registrar.
Registration of change of name
43. On receipt of the marking note duly completed the Registrar
shall register its new name, shall cancel the existing certificate and
shall issue to the owner a new certificate of registry expiring on the same
date as the existing one.
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Removal from the register
44. (1) The Registrar may, subject to regulation 74 terminate a
ship's registration in the following circumstances—
(a) on application by the owner;
(b) on failure of the registered owner to notify the Registrar
that ownership of the ship has changed;
(c) on the ship no longer being eligible to be registered;
(d) on the ship being destroyed (including shipwreck, fire
and sinking);
(e) if, taking into account any requirements of the Act
(including any instrument made under it) relating to the
condition of the ship or its equipment so far as relevant
to its safety or to any risk of pollution or to the safety,
health and welfare of persons employed or engaged in
any capacity on board the ship, he considers that it
would be inappropriate for the ship to remain registered;
(f) when any penalty imposed on the owner of a ship in
respect of a contravention of the Act, or of any
instrument in force under it, has remained unpaid for a
period of more than 3 months (and no appeal against
that penalty is pending);
(g) when any summons for any such contravention has
been duly served on the owner of a ship but the owner
has failed to appear at the time and place appointed for
the trial of the information or complaint in question and
a period of not less than 3 months has elapsed since
that time; and
(h) when any fee due to the Department of Maritime
Administration has remained unpaid for a period of
more than 3 months.
(2) Where the Registrar terminates registration under
subregulation (1)(a), (b) or (d), he shall—
(a) forthwith issue a closure transcript to the owner of the
ship; and
(b) notify any mortgagees of the closure of the registration.
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(3) On receipt of the closure transcript the owner shall
immediately surrender the ship's certificate of registry to the Registrar for
cancellation.
PART VI
MORTGAGES
Form of mortgage
45. The following mortgages shall be in a form approved by the
Minister (in each case with appropriate attestation)—
(a) a mortgage produced for registration under Schedule 1
to the Act;
(b) a transfer of a registered mortgage; and
(c) a discharge of a registered mortgage.
Registration of mortgage
46. Where a mortgage executed in accordance with regulation 44 is
produced to the Registrar for registration, he shall—
(a) register the mortgage; and
(b) endorse on it the date and time it was registered.
Notices by intending mortgagees: priority notices
47. (1) Where any person who is an intending mortgagee under a
proposed mortgage of—
(a) a registered ship; or
(b) a share in a registered ship;
notifies the Registrar of the interest which it is intended that he should
have under the proposed mortgage, the Registrar shall record that
interest.
(2) For the purpose of subregulation (1) the notice to the
Registrar shall be in a form approved by the Minister and shall contain
the name and official number of the ship, the name, address and
signature of the intending mortgagor, the number of shares to be
mortgaged, and the name and address of the intending mortgagee.
(3) Where any person who is an intending mortgagee under a
proposed mortgage of
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(a) a ship which is not for the time being registered; or
(b) a share in any such ship;
notifies the Registrar in writing of the interest which it is intended that
he should have under the proposed mortgage, the Registrar—
(i) shall record that interest in the register; and
(ii) if the ship is subsequently registered, shall
register the ship subject to that interest or, if the
mortgage has by then been executed in
accordance with regulation 43 and produced to
the Registrar, subject to that mortgage.
(4) For the purposes of subregulation (3) the notice shall be in
a form approved by the Minister and contain the following information—
(a) the present name of the ship;
(b) the intended name of the ship;
(c) the I.M.O. number of the ship;
(d) the approximate length of the ship;
(e) where the ship is registered outside Bermuda, a copy of
its certificate of registry or other document evidencing its
registration and giving its port of registration;
(f) where the ship is a new ship, the builder's certificate or
if that is not available, the name and address of the
builder and the ship's yard number;
(g) where the ship is neither a new ship nor a registered
ship, details of any permanent marks on the ship which
enable it to be clearly identified; and
(h) the name, address and signature of the intending
mortgagor, the number of shares to be mortgaged, and
the name and address of the intending mortgagee.
(5) In a case where—
(a) paragraph 8 of Schedule 1 to the Act operates to
determine the priority between two or more mortgagees;
and
(b) any of those mortgages gave notification under
subregulation (1) or (3) with respect to his mortgage;
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paragraph 8 of the said Schedule shall have effect in relation to that
mortgage as if it had been registered at the time when the relevant entry
was made in the register under the said subregulation (1) or (3).
(6) Any notification given by a person under subregulation (1)
or (3) (and anything done as a result of it) shall cease to have effect
(a) if the notification is withdrawn; or
(b) at the end of the period of 30 days beginning with the
date of the notification, unless the notification is
renewed in accordance with subregulation (7).
(7) The person by whom any such notification is given may
renew or further renew the notification on each occasion for a period of
30 days, by notice in writing given to the Registrar—
(a) before the end of the period mentioned in subregulation
(6)(b); or
(b) before the end of a period of renewal;
as the case may be.
(8) Any notice given under this regulation shall be in a form
approved by the Minister.
Evidence of transmission of mortgage
48. On the application for registration of a transmission of a
registered mortgage as mentioned in paragraph 12 of Schedule 1 to the
Act the evidence to be produced to the Registrar shall be—
(a) a declaration of transmission of mortgage in a form
approved by the Minister; and
(b) if the transmission was consequent on death, the grant
of representation or an office copy thereof or of an
extract therefrom; or
(c) 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
bankruptcy; or
(d) if the transmission was consequent on an order of the
court, a copy of the order of that court.
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Transfer or transmission of registered mortgage
49. Where a transfer of a registered mortgage or evidence of a
transmission is produced to the Registrar, he shall—
(a) enter the name of the transferee, or the name of the
person to whom the mortgage has been transmitted, in
the register as mortgagee of the ship or share in
question;
(b) in respect of a transfer, endorse on the instrument of
transfer the date and time the entry was made.
Discharge of mortgages
50. (1) Where a registered mortgage has been discharged, the
Registrar shall, on production of the mortgage deed and with such
evidence of the discharge as satisfies him that the mortgage has been
discharged, record in the register that the mortgage has been discharged.
(2) If for good reason the registered mortgage cannot be
produced to the Registrar, he may, on being satisfied that the mortgage
has been properly discharged, record in the register that the mortgage
has been discharged.
Effect of termination of registration on registered mortgage
51. Where the registration of a ship terminates by virtue of any of
these Regulations, that termination shall not affect any entry in the
register of any undischarged registered mortgage of that ship or any
share in it.
PART VII
PROVISIONAL REGISTRATION
Provisional registration
52. Where a ship which the owner intends should be registered on
Part I or Part II of the register is outside Bermuda the owner may apply
to the Registrar for provisional registration.
Application for provisional registration
53. An application for provisional registration shall be in a form
approved by the Minister and shall be accompanied with the particulars
required by regulations 11(1) and 14.
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Period of provisional registration
54. The Registrar, on being satisfied that the ship is eligible for
registration, may proceed to register the ship provisionally for a period of
3 months.
Certificate of provisional registration
55. (1) The Registrar, shall issue to the owner of the ship a
certificate of provisional registration in a form approved by the Minister.
(2) The certificate shall have effect as a certificate of registry
until —
(a) the expiration of 3 months from its date of issue;
(b) the ship's arrival in Bermuda or a port specified in the
certificate of provisional registration; or
(c) termination by the Registrar on request from the owner;
whichever shall first occur.
Provisional registration not to be renewed
56. Where a ship has been provisionally registered once, it shall not
be provisionally registered again within one year of the date of the issue
of the certificate of provisional registration, except with the consent of the
Registrar.
PART VIII
TRANSFER OF REGISTRATION
Transfer of registration to the United Kingdom or relevant British
possession
57. (1) Subject to subregulation (2), the registration of a ship
registered on Part I of the register may be transferred from the register to
the register of a port in the United Kingdom or a relevant British
possession.
(2) Where an application is made under this regulation for the
transfer of a ship's registration under subregulation (1), the Registrar
shall not proceed to deal with the application unless he is satisfied that
registration of the ship at the intended port of registration is not
precluded by any provision of the law in force in the United Kingdom or
in the possession in question; and any certificate purporting to be signed
by the Registrar of the intended port of registration and stating that any
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such provision is in force shall be conclusive evidence for the purposes of
this subregulation of the matters stated in it.
(3) Where the Registrar of the intended port of registration
issues a certificate of registry following any such application and on
notification of the transfer by the Registrar of the new port of
registration, the Registrar shall terminate the registration of the ship.
(4) Where the registration of a ship is transferred under this
regulation the certificate of registry shall be surrendered to the Registrar
for cancellation.
Transfer of registration from relevant British possession
58. (1) Where a ship, excluding a fishing vessel, is registered in the
register of a port in the United Kingdom or in a relevant British
possession, the registration of that ship may be transferred to the Port of
Hamilton pursuant to Part I of the register if
(a) an application to the registrar of its existing port of
registration has been made for that purpose by a
declaration in writing by all the persons appearing on
his register to be interested in the ship as owners; and
(b) the following documents have been transmitted to the
Registrar—
(i) a copy of the application and declaration
required by paragraph (a) transmitted by the
registrar of its existing port of registration;
(ii) a copy transmitted by him of all the registered
particulars of the ship and the names of all
persons appearing on his register to be
interested in the ship as owners and
mortgagees; and
(iii) the ship's certificate of registry.
(2) Where the ship has not previously been required by the
registrar of its existing port of registration to have its name approved by
the Registrar in accordance with Schedule 1, the applicant shall propose
a name by which the ship is to be called.
(3) On being satisfied that the name complies with the
requirements of Schedule 1, the Registrar shall issue a marking note.
(4) The Registrar on being satisfied that provisions of this
regulation have been complied with may register a transfer.
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(5) On receipt of a marking note the owner shall proceed as
provided in regulation 42.
(6) On receipt of the documents specified in subregulation (1)
and the completed marking note the Registrar shall
(a) enter in the register all the particulars and names so
transmitted; and
(b) issue a new certificate of registry.
(7) Where entitlement of a ship to be registered is by virtue of
regulation 6 subject to any condition specified in that regulation being
satisfied, the registration of the ship shall not be transferred to the
register unless it appears to the Registrar that that condition is satisfied.
(8) A transfer of registration under this regulation shall not
affect the rights of any person mentioned in subregulation (1)(a).
(9) Regulation 26(3) shall apply to the registration of ships on
transfer as it applies to the registration of ships otherwise than on
transfer.
PART IX
SHIPS ON DEMISE CHARTER
Ships chartered-in on demise charter terms
Qualification and entitlement for registration of ships chartered-in
by demise
59. (1) The persons qualified to be the owners of British ships by
virtue of regulation 5 (l) who charter a ship on demise charter terms shall
be qualified to register a ship under section 31 of the Act.
(2) A ship shall be entitled to registration on Part II of the
register only if the following persons have consented to such
registration
(a) the owner of the ship;
(b) the mortgagees of any mortgage on the ship;
(c) the registrar in the country or of primary registration.
(3) In this regulation "country of primary registration" has the
meaning given in section 31(1)(a) of the Act.
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Appointment of representative person
60. Where the charterer is not resident in Bermuda he shall appoint
a representative person and Part IV shall apply as if the charterer were
the owner.
Applications
61. (1) Every application for registration of a ship chartered on
demise charter terms shall be made to the Registrar at the Department of
Maritime Administration in person, by post or by electronic
transmission.
(2) Regulation 10 shall apply to this Part as if the charterer
were the owner.
(3) Every application for registration of the ship shall be in a
form approved by the Minister and accompanied with
(a) a declaration of eligibility which shall include a
declaration by every charterer setting out his
qualification to register a ship chartered on demise
charter terms;
(b) a certified copy of the charterparty showing
(i) the name of the ship;
(ii) the name of the charterer or charterers and the
name of the owner or owners of the ship;
(iii) the date of the charterparty; and
(iv) the duration of the charterparty;
(c) a certified copy of the certificate of registry, or other
document, issued by the authority responsible for the
registration of ships in the country or territory of
primary registration showing the ownership of the ship;
(d) where the charterer is a body corporate, the document
or documents required by regulation 14;
(e) the consents referred to in regulation 59 (2); and
(f) such other information or documents as the Registrar
may require.
(4) Regulation 19 shall apply to this Part.
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Names
62. (1) On making an application for registration of a ship
chartered on demise charter terms the applicant shall propose a name
by which the ship is to be called while so registered.
(2) If the Registrar is satisfied that the name is in compliance
with the provisions of Schedule 1 he shall approve the name.
Allocation of home port
63. On making application for registration of a ship chartered on
demise charter terms the applicant shall specify Hamilton as the home
port.
Marking
64. (1) On being satisfied that the ship is eligible for registration
and on production of any certificate of survey required under regulation
19 the Registrar shall issue a carving and marking note.
(2) On receipt of a carving and marking note the charterer
shall
(a) where the ship is not already so marked cause it to be
marked with—
(i) its name; and
(ii) its home port (Hamilton); and
(b) where the ship is not already so carved or marked, cause
it to be carved and marked;
in accordance with Schedule 2.
Inspection of marks etc.
65. Regulations 23 and 25 shall apply to this Part as if any reference
in them to the owner were a reference to the charterer.
Registration
66. (1) Where the Registrar is satisfied in respect of an
application—
(a) that the ship has been duly carved and marked; and
(b) that, where required, the appropriate certificate of
survey has been provided; and
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(c) that the other requirements preliminary to registration
have been complied with;
he shall enter in the register the details prescribed in Schedule 3.
(2) Upon registering a ship the Registrar shall issue and send
to the charterer a certificate of demise charter registry containing the
particulars set out in Schedule 4.
(3) Upon registering a ship the Registrar shall retain in his
possession a certified copy of the charterparty, a certified copy of any
certificate of survey and all declarations of eligibility, and, if applicable,
any declarations required by regulation 14.
(4) Notwithstanding that a ship is otherwise entitled to be
registered, the Registrar may refuse to register it if, taking into account
any requirements of the Act (including any instrument made under it)
relating to the condition of the ship or its equipment so far as relevant to
its safety or to any risk of pollution or to the safety, health and welfare of
persons employed or engaged in any capacity on board the ship, he
considers that it would be inappropriate for the ship to be registered.
Period of registration
67. (1) The registration of a ship chartered on demise charter terms
shall expire—
(a) on the expiry of the charter period; or
(b) at the end of a period of 5 years beginning with the date
of registration specified in the certificate of demise
charter registry;
whichever is the earlier.
Notification of changes affecting eligibility of ship to be registered
68. (1) If at any time there occurs, in relation to a registered ship
chartered on demise charter terms any change affecting the eligibility of
the ship to be registered, the charterer of the ship shall, within 7 days
after the change occurs, notify the Registrar.
(2) Notification made under subregulation (1) shall be made in
writing, shall be signed by the charterer and shall specify the nature of
the change and the name of the ship.
(3) Any person who contravenes subregulation (1) shall be
guilty of an offence.
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Notification of change of ownership
69. (1) If at any time there occurs, in relation to a registered ship
chartered on demise charter terms, any change in the ownership of the
ship not affecting the subsistence of the charterparty, the charterer shall
furnish to the Registrar within 7 days of the change occurring
(a) particulars of the name and address of the new owner;
and
(b) a declaration by the new owner confirming that he is
bound by the charterparty to the same extent as the
former owner.
(2) A charterer who fails to furnish the Registrar with the
particulars or declaration in accordance with subregulation (1) shall be
guilty of an offence.
Application of other regulations to this Part
70. Regulations 40, 41 and 42 shall apply to this Part.
Notification to foreign registries by Registrar
71. The Registrar shall notify the responsible authority for
registration of ships in the country or territory of primary registration
when—
(a) the ship has been registered as a ship chartered on
demise charter terms on the Bermuda register; or
(b) the ship's registration has been closed by reason of the
expiry of the certificate of registry under regulation
67(1)(b); or
(c) the ship's registration has been closed by the Registrar
pursuant to the provisions of regulation 72.
Closure of registration of ship chartered on demise charter terms by
the Registrar
72. (1) The Registrar may, subject to regulation 74, close the
registration of a ship chartered on demise charter terms
(a) on the application of the charterer;
(b) if the charterer fails to notify the Registrar that the
ownership of the ship has changed;
(c) if the ship becomes ineligible for registration as a
Bermuda ship;
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(d) if the ship is lost, irrespective of how such loss has
occurred;
(e) if, taking into account any requirement of the Act
(including any instrument made under it) relating to the
condition of the ship or its equipment so far as it is
relevant to its safety or to any risk of pollution or to the
safety, health and welfare of persons employed or
engaged in any capacity on board the ship, the Registrar
considers that it would be inappropriate for the ship to
remain registered.
(2) Where the ship's registration is closed under subregulation
(1) the charterer shall forthwith surrender to the Registrar the certificate
of demise charter registry for cancellation.
Ships chartered-out on demise charter terms
Applications for consent
73. (1) An application for the consent of the Registrar under
section 32 of the Act shall be made by the owner to the Registrar at the
Department of Maritime Administration in person, by post or by
electronic transmission.
(2) Every application for consent shall be in the form approved
by the Minister and shall be accompanied with—
(a) a copy of the charterparty containing the matters
specified in regulation 61 (3)(b);
(b) the consents required by sections 32 (3)(b) and (c) of the
Act;
(c) the following undertakings
(i) an undertaking by the owner that he would
surrender to the Registrar the certificate of
registry upon the registration of the ship in the
country of secondary registration;
(ii) an undertaking by the owner that he would
furnish the Registrar with a certified extract
from the register of the country of secondary
registration in respect of that ship; and
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(d) a certificate from the authority responsible for the
registration of ships in the country of secondary
registration certifying that it has no objection to the
application for registration.
(3) In this regulation, "country of secondary registration" has
the meaning given in section 32(1) of the Act.
PART X
MISCELLANEOUS
Service of notices
74. (1) Where it appears to the Registrar that regulation 44(1)(c),
(e), (f), (g) or (h) or 72 (b),(c) or (e) apply, he may serve notice on the owner
or managing owner, or on any charterer, manager or operator of the ship
requiring him to produce, within 30 days, evidence, which may include a
declaration of Bermuda connection, sufficient to satisfy him that the ship
is eligible to remain on the register.
(2) Where the Registrar has served a notice as provided in
subregulation (1), he shall notify every registered mortgagee of the ship
in question that such a notice has been served.
(3) If at the expiry of that period of 30 days the Registrar is not
so satisfied, he may—
(a) extend the notice and ask for further information or
evidence; or
(b) serve a final notice which closes the ship's registration,
such closure to take effect 7 days after the service of that
notice.
(4) Where a ship's registration is terminated under
subregulation (3) the Registrar shall issue a closure transcript and the
owner of the ship shall forthwith surrender its certificate of registry and
all other documents issued by the Department of Maritime
Administration.
Copy of notice to be sent to mortgagee
75. Where the Registrar serves a notice under regulation 74 on the
owner of a ship in respect of which a mortgage is registered, the
Registrar shall send a copy of that notice to the mortgagee at the address
recorded for him in the register.
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Documents not in the English language to be accompanied with a
translation
76. Any document which is not in the English language and is
produced in support of any application under these Regulations shall be
accompanied with a notarised translation of the document in the English
language.
Witnessing of documents
77. Where the signature on any document made under these
Regulations is required to be witnessed, any witness to the signature
shall be a person of full age and shall not be the spouse of the signatory.
Dispensing with declarations
78. (1) Where under these Regulations, any person is required to
make a declaration on behalf of himself or any body corporate, but is
unable to do so and can satisfy the Registrar that it is due to reasonable
cause, the Registrar may on such terms as he thinks fit, dispense with
the declaration.
(2) Where under these Regulations, any evidence is required to
be produced to the Registrar, but such evidence cannot be produced and
the Registrar is satisfied that it is due to reasonable cause, the Registrar
may on production of such other evidence as he considers appropriate,
dispense with the evidence.
Requirement for supplementary information
79. Where the Registrar is not satisfied by the information provided
on an application for registration of a ship that the ship is eligible for
registration, he may require such supplementary information or evidence
as he considers appropriate for the purpose of satisfying himself that it is
so eligible.
Fees
80. Where a fee is prescribed in respect of any service or other
transaction to be carried out pursuant to these Regulations, the
Registrar shall not be required to carry out the service or other
transaction unless the appropriate fee has been paid.
Duplicate certificates
81. (1) If it is shown to the satisfaction of the Registrar that the
certificate of registry has been lost, stolen or destroyed or has become
defaced or illegible ('the event'), he may issue to the owner a duplicate of
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that certificate, which shall be marked as such, and shall be of the same
effect as the original.
(2) Where a duplicate certificate of registry is issued the
original if then available or if subsequently found or recovered shall be
forthwith surrendered to the Registrar.
(3) If—
(a) the port where the ship is at the time of the event, or as
the case may be, where it first arrives after the event, is
not in Bermuda; and
(b) the master of the ship or some other person having,
knowledge of the facts of the case makes a declaration
before the appropriate person as to the loss, theft,
destruction, defacement or illegibility of the certificate,
the appropriate person shall notify the Registrar.
(4) On being notified of the event and being satisfied that the
ship is entitled to be issued with a duplicate certificate the Registrar
shall
(a) send by telefax to the appropriate person a copy of the
duplicate certificate which the appropriate person shall
endorse with a statement of the circumstances, under
which it is granted; or
(b) where there are no telefax facilities available, authorise
the appropriate person to issue a provisional certificate
so endorsed.
(5) The faxed duplicate or the provisional certificate shall within
10 days of the ship arriving in a port in Bermuda or in a foreign port
nominated by Registrar be surrendered to the Registrar, and a duplicate
certificate shall be issued.
Custody of certificate
82. (1) A certificate of registry shall be used only for the lawful
navigation of the ship, and shall not be subject to detention by reason of
any title, lien, charge or interest whatever had or claimed by any owner,
mortgagee or other person to, on, or in the ship.
(2) If any person refuses to surrender the certificate of registry
when in his possession or under his control to the person entitled to its
custody for the purposes of the lawful navigation of the ship, or to the
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Registrar, proper officer or any other person entitled by law to demand
such delivery, he shall be guilty of an offence.
Surrender of certificate on termination or expiry of registration
83. On the termination, whether by expiration of the registration
period or otherwise, of a ship's registration the certificate of registry and
other documents issued by the Department of Maritime Administration
must be returned by the owner or charterer to the Registrar for
cancellation.
Dispensing with production of certificate
84. Where a certificate of registry is required by these Regulations to
accompany any application and it is shown to the satisfaction of the
Registrar that for any reasonable cause (which includes, but is not
limited to, the ship being in a port outside Bermuda, or the certificate
being needed for an imminent voyage, at the time the application was
made) the certificate cannot be produced, the Registrar may, subject to
such conditions as he thinks fit, dispense with its production.
Transfers etc. where tonnage not in accordance with ITC 69
85. (1) Subject to subregulation (2), no transfer of ownership of a
ship or shares in a ship, no renewal of registration, nor change of details
of the ship or its owners shall be registered in respect of any ship
which—
(a) is required to have its tonnage measured in accordance
with the International Convention on Tonnage
Measurement of Ships 1969; and
(b) for which no such measurement has been undertaken
and registered;
until such re-measurement takes place and where necessary the
certificate of survey has been lodged with the Registrar for amendment of
the register.
(2) Subregulation (1) does not apply where the transfer, or
change of details, arises by reason of the death of an owner of a ship, or
a share in a ship.
Removal of marks on cessation of registration
86. If a ship's registration is terminated, whether by expiration of the
registration period or otherwise, the marking prescribed under these
Regulations must be removed from the ship and written confirmation of
that removal must be sent to the Registrar.
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PART XI
OFFENCES
Offences
87. (1) Any person who, with intent to deceive, uses or lends or
allows to be used by another, a certificate of registry whether in force or
not, commits an offence.
(2) It shall be an offence on the part of the owner or master of a
registered ship if any of the marks required by these Regulations to be
marked on a ship is effaced, altered, allowed to become illegible, covered
or concealed.
(3) It shall be a defence for a person charged with an offence
under subregulation (2) of this regulation to prove
(a) that he took all reasonable precautions and exercised all
due diligence to avoid the commission of the offence; or
(b) that the effacing, alteration, covering or concealing of the
marking was for the purpose of escaping capture by an
enemy.
(4) Any person who fails, without reasonable cause to
surrender a certificate of registry when required to do so by regulation
81, 82 or 83 commits an offence.
(5) Any person who in connection with the registration of a ship
knowingly or recklessly furnishes information which is false in a material
particular shall be guilty of an offence.
(6) Any person who intentionally alters, suppresses, conceals
or destroys a document which he has been required by these Regulations
to produce to the Registrar shall be guilty of an offence.
(7) The offences specified in regulations 38, 68 and 69 and in
subregulations (1), (4), (5) and (6) of this regulation shall be punishable
on summary conviction as follows—
(a) for an offence under regulation 38, 68 or 69 or
subregulation (1), (5) or (6), with a fine of $10,000; and
(b) for an offence under subregulation (4) with a fine of
$2,500.
(8) An offence under subregulation (2) of this regulation shall
be punishable on summary conviction with a fine of $15,000.
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PART XII
TRANSITIONALS
Definitions for this Part
88. For the purposes of this Part—
"new certificate" means a certificate of registry issued in
accordance with these Regulations;
"old certificate" means any certificate of registry, other than a
provisional certificate, issued under—
(a) the Merchant Shipping Act 1894; or
(b) the Merchant Shipping Act 1988 (Bermuda) Order 1991;
"transitional period" in relation to a ship, means the period
commencing on the date of commencement of these
Regulations and ending on the date of expiry of the certificate
which is specified in relation to such a ship in the table in
regulation 89.
Validity of old certificates
89. Subject to regulation 90, an old certificate shall remain in force
until either—
(a) a new certificate is issued under these Regulations; or
(b) the certificate has expired, in accordance with the
following table—
Year of first registration Date of expiry of certificate
On or before 1 January
2000
31 January 2010
On or before 1 January
2002
31 January 2011
On or before 1 January
2004
31 January 2012
whichever shall be the earlier.
Continuation in force of old certificates
90. Notwithstanding regulation 89, an old certificate shall remain in
force beyond the transition period if—
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(a) an application to renew the certificate has been correctly
made in accordance with regulation 31; and
(b) the Registrar has not issued a new certificate by the date
of expiry of the transitional period;
but any new certificate shall commence at that date.
Registered information
91. Schedules 3 and 4 shall not apply to any ship until a new
certificate of registry is issued in respect of that ship.
Issue of new certificates of registry
92. (1) Notwithstanding regulations 40 and 43, any certificate of
registry of a ship which—
(a) is issued during the transitional period; and
(b) replaces an old certificate of registry;
shall be valid for a period of ten years from the date of issue.
(2) Any duplicate certificate issued to a ship under regulation
81 during the transitional period shall be a certificate issued in
accordance with these Regulations and shall be valid for a period of ten
years from the date of issue.
(3) The Registrar may during the transitional period, at his
discretion replace a ship's old certificate with a new certificate of registry
which shall be valid for a period of ten years from the date of issue.
Advertisement rather than renewal notice
93. (1) Notwithstanding regulation 30, no renewal notice shall be
issued by the Registrar when old certificates of registry are due to expire
at the end of the transitional period under regulation 89 (b).
(2) At least 4 months before the expiry of each date mentioned
in column 2 in the table in regulation 89(b), or, in the case of the first
entry, as soon as practicable after the coming into force of these
Regulations, the Registrar shall publicise that—
(a) all certificates of registry will expire on the specified date
for ships of that year of first registration; and
(b) application for renewal must be made in accordance
with regulations 30 and 31.
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Applications for registration made before commencement of these
Regulations
94. (1) Subject to subregulation (2), any application for registration
of a ship which is made, but in respect of which registration was not
effected, prior to the commencement of these Regulations shall be
completed in accordance with these Regulations.
(2) Where—
(a) an application for registration of a ship is made, but in
respect of which registration was not effected, prior to
the commencement of these Regulations; and
(b) the provision of these Regulations would render the ship
ineligible for registration;
then the application shall be determined in accordance with the relevant
legislation under which the application was made.
(3) An application shall be deemed to have been made when a
properly completed application, accompanied with the proper fee, is
received by the Registrar in Hamilton.
(4) Where, for any reason the fee is not a proper and valid fee,
or where the cheque used to pay a fee is returned by the bank on which
it is drawn, then the application shall not be deemed to have been made.
(5) Any certificate of registry which is issued in accordance with
this regulation shall be valid for a period of ten years and shall contain
the information contained in Schedule 4.
PART XIII
SUPPLEMENTARY
References to port of registry to be construed as references to
Hamilton
95. Any reference in any Act other than the Act or in any other
instrument made under any such other Act to the port of registration of
the ship or the port to which the ship belongs shall be construed as a
reference to the port of Hamilton.
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SCHEDULE 1
(Regulations 20, 41, 58 and 62)
APPROVAL OF NAMES
1. Every application to the Registrar to approve a name shall
specify a name which is in Roman letters; any numerals shall be in
Roman or Arabic numerals.
2. In respect of an application to register a ship on Parts I or II of
the register, the Registrar shall not approve the proposed name if it is—
(a) already the name of a registered Bermuda ship; or
(b) a name so similar to that of a registered Bermuda ship
as to be calculated to deceive or likely to confuse;
(c) a name which may be confused with a distress signal;
(d) a name which is prefixed by any letters or name which
could be taken to indicate a type of ship or any other
word, pre-fix or suffix which might cause confusion as to
the name of the ship.
3. Subject to paragraph 4, if the Registrar is satisfied that a name
does not fall within paragraphs 2(a) to (d) he shall notify the applicant in
writing that the name is approved and the ship may be registered with
that name.
4. Notwithstanding that the Registrar is satisfied as to paragraph 2
he may refuse to approve a name-
(a) which might cause offence or embarrassment;
(b) which has a clear and direct connection with the Royal
family.
5. Any approval given under paragraph 2 shall be valid only for the
period of 12 months beginning with the date on which it is notified to the
applicant.
6. If the Registrar is not so satisfied he shall notify the applicant
accordingly.
7. Notwithstanding paragraph 5, the Registrar may allow the
reservation of a ship's name or designation for a period of 10 years if he
is satisfied that—
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(a) the ship is intended to replace another of the same name
which is to be registered within 10 years of the date of
the application; and
(b) the applicant is the owner of a registered ship with the
same name as that which is to be reserved and its
registration in Bermuda will be closed before the
registration of the new vessel; or
(c) the applicant is the owner of a registered ship with the
same name as that which is to be reserved and it will be
sold before the registration of the new ship on condition
that it changes its name and that its name is so
changed.
8. Applications for a reservation under paragraph 7 must be
accompanied with a full statement of the circumstances of the case.
9. Where a ship having once been registered has ceased to be
registered, no person (unless ignorant of the previous registration, proof
whereof shall lie on him) shall apply for registration of the ship other
than by the name by which it was previously registered except with the
written permission of the Registrar.
SCHEDULE 2
(Regulations 22,23, 24, 42 and 64)
CARVING AND MARKING
1. Every ship is required, before it may be registered, to be marked
permanently and conspicuously to the satisfaction of the Registrar in
accordance with this Schedule.
2. The Minister may exempt any class of ship from all or any of the
requirements of this Schedule, subject to such conditions, if any, as he
thinks fit.
3. Subject to any exemption in respect of that class of ship, a ship
shall be marked as follows—
(a) its name shall be marked on each of its bows, and its
name and its port of choice shall be marked on its stem;
(b) the marking is to be on a dark background in white or
yellow letters, or on a light background in black letters,
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the letters being not less than 10 centimetres high and
of proportional breadth;
(c) its official number, identification (IMO) number and the
number denoting its registered tonnage shall be
permanently marked on its main beam or on one of the
hatchways, or, in the case of a tanker, in the pump
room, or in the case of ships with ro-ro spaces, on one of
the end transverse end bulkhead of the ro-ro spaces;
and
(d) the identification (IMO) number shall be permanently
marked in a visible part on the stern of the ship or on
either side of the hull, amidships, port and starboard,
above the deepest assigned load line or either side of the
superstructure, port and starboard or on the front of the
superstructure or, in the case of passenger ships, on a
horizontal surface visible from the air.
4. A pleasure vessel shall be marked as follows—
(a) the official number and registered tonnage shall—
(i) be marked on the main beam or, if there is no
main beam, on a readily accessible visible
permanent part of the structure of the pleasure
vessel either by cutting in, centre punching or
raised lettering; or
(ii) be engraved on plates of metal, wood or plastic,
secured to the main beam (or, if there is no main
beam, to a readily accessible visible permanent
part of the structure) with rivets, through bolts
with the ends clenched), or screws with the slots
removed;
(b) the name and port of choice (unless an exempted ship),
are to be marked on a conspicuous and permanent part
of the stem on a dark background in white or yellow
letters, or on a light background in black letters, the
letters being not less than 5 centimetres high and of
proportionate breadth, or, where this is not possible by
the alternative methods given below—
(i) by engraving on plates of metal or of plastic or
by cutting in on a shaped wooden chock. Where
a shaped wooden chock is used it should be
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secured to the hull through bolts, the ends being
clenched; or
(ii) by individual glass reinforced plastic letters and
numbers approximately 2 mm in thickness.
These to be fixed to the hull with epoxy
adhesive, and painted with suitable paint and
coated with translucent epoxy resin;
(iii) where metal or plastic plates have been used
these must be fixed by the use of epoxy
adhesives. Metal or plastic plates secured by
adhesives should be coated with translucent
epoxy resin after they have been fixed in
position.
5. A scale of decimetres, or metres and decimetres, denoting a
draught of water shall be marked on a ship, other than an exempted
ship, on each side of its stem and its stem post, as follows—
(a) in figures in two-decimetre intervals, if the scale is in
decimetres; and
(b) in figures at each metre interval and at intervening two-
decimetre intervals, if the scale is in metres and
decimetres;
the capital letter 'M' being placed after each metre figure; the top figure of
the scale showing both the metre and (except where it marks a full metre
interval) the decimetre figure; the lower line of the figures, or figures and
letters (as the case may be), coinciding with the draught line denoted
thereby; the figures and letters being not less than one decimetre in
length and being marked by being cut in and painted white or yellow on
a dark background, or in such other way as the Minister approves.
6. The name of a ship shall be marked in Roman letters and any
numerals shall be in Roman or Arabic numerals.
SCHEDULE 3
(Regulations 26, 27, 66 and 91)
PARTICULARS TO BE RECORDED IN THE REGISTER
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1. The following particulars shall be registered about each owner
who is an individual—
(a) his surname, forename and title;
(b) his address;
(c) his nationality;
(d) the number of shares in the ship owned by him, and if
held jointly, with whom the shares are held;
(e) the name of the managing owner or ship's manager.
2. The following particulars shall be registered about each owner
which is a body corporate—
(a) its name;
(b) the address of its registered office and, if different, its
place of business;
(c) its country of incorporation;
(f) the number of shares in the ship owned by the
company, and if held jointly, with whom the shares are
held.
3. The following particulars shall be registered about any
representative person—
(a) the full name of the individual or body corporate;
(b) the address of the individual, or the place of business in
Bermuda of the body corporate.
4. The following particulars shall be registered about ships
registered or to be registered on Parts I or II of the register—
(a) name;
(b) IMO number;
(c) radio call sign;
(d) port of choice;
(e) official number;
(f) year of build;
(g) method of propulsion e.g. whether sail, steam, motor or
dumb;
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(h) where built;
(i) name and address of builders;
(j) date keel laid/when built;
(k) length-metric units;
(1) breadth-metric units;
(m)depth-metric units;
(n) type of ship whether dry cargo, oil tanker, passenger;
bulk carrier;
(o) material used to construct hull;
(p) gross tonnage;
(q) net tonnage;
(r) registered tonnage;
(s) make and model of engine(s);
(t) total power of engines in kilowatts.
5. In addition to the particulars referred to in paragraph 4, the
following particulars shall be registered in respect of ships chartered on
demise charter terms—
(a) the name and address of the owner;
(b) the number of shares owned by each owner and, if any
are jointly owned, with whom they are owned;
(c) the name and address of the charterer;
(d) the name and address of any representative person;
(e) national unique identifier or official number;
(f) its county of original registration;
(g) commencement date of the charter period and its expiry
date;
(h) the name by which the ship is known on the primary
register (or a translation of that name).
MERCHANT SHIPPING (REGISTRATION OF SHIPS)
REGULATIONS 2003
54
SCHEDULE 4
(Regulations 27, 66, 91 and 94)
CERTIFICATE OF REGISTRY
1. A certificate of registry for a ship registered or to be registered on
Part I of the register shall contain—
(a) the full name and address of the owner(s);
(b) the number of shares owned by each owner and if any
are jointly owned, with whom they are owned;
(c) the following information about the ship-
(i) its name;
(ii) IMO number;
(iii) radio call sign;
(iv) port of choice;
(v) official number;
(vi) year of build;
(vii) method of propulsion e.g. whether sail, steam,
motor or dumb;
(viii) length-metric units;
(ix) breadth-metric units;
(x) depth-metric units;
(xi) type of ship e.g. dry cargo, oil tanker, passenger,
bulk carrier;
(xii) gross tonnage;
(xiii) net tonnage;
(xiv) registered tonnage;
(xv) engine make and model;
(xvi) engine power in kilowatts;
(d) the date of issue of the certificate;
(e) the date the certificate expires.
MERCHANT SHIPPING (REGISTRATION OF SHIPS)
REGULATIONS 2003
55
2. A certificate of charter on demise charter terms for ships
registered or to be registered on Part II of the register shall contain the
particulars prescribed by either paragraph l (a), (c), (d) and (e), and the
following—
(a) the name and address of the charterer;
(b) national unique identifier or official number;
(c) country of primary registration;
(d) original name (or a transition thereof) if different from its
registered name.
Made this 31st day of March, 2003
Minister of Transport
MERCHANT SHIPPING (REGISTRATION OF SHIPS)
REGULATIONS 2003
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