I ASSENT Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
REGULATIONS 1997
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-12
Subsidiary
1997/158 Regulations made under ss. 5, 6, 10, 11, 14, 17, 25, 32, 33, and 86.


GIBRALTAR MERCHANT SHIPPING (SHIP
REGISTRATION) REGULATIONS 1997

(LN. 1997/158)
22.12.1997


Amending
enactments
Relevant current
provisions
Commencement
date

LN. 2005/087 Sch. 1 1.7.2005
2016/006 r. 27(2)(f), Sch. 1 14.1.2016


_____________________________




ARRANGEMENT OF REGULATIONS.

Regulation

1. Title and commencement.

PART I.
GENERAL.

2. Interpretation.

PART II.
REGISTERS.

3. Form of the registers
4. Rectification of the registers.

PART III.
REPRESENTATIVE PERSONS.

5. Representative person.
Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
REGULATIONS 1997
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1995-12
Subsidiary
1997/158 6. Duties, etc. of representative persons.
7. Notice to replace representative person.

PART IV.
REGISTERED AGENTS.

8. Registered agent.
9. Duties, etc. of registered agent.
10. Notice to replace registered agent.

PART V.
SHIP NAMES AND MARKINGS.

11. Ship names.
12. Approval of name.
13. Change of name.
14. Marking of a ship.

PART VI.
REFUSAL OF REGISTRATION AND REMOVAL FROM A REGISTER.

15. Refusal of registration and removal from a register.
16. Prohibited ships.

PART VII.
PROVISIONAL AND FULL REGISTRATION ON THE REGISTER.

17. Application of Part VII.
18. Application for registration on the Register.
19. Declaration by and on behalf of owners.
20. Provisional registration.
21. Period of provisional registration.
22. Retention of documents on provisional registration.
23. Application of Act and regulations in relation to ships provisionally
registered.
24. Full registration.
25. Certificate of full registration.
26. Documents to be retained on full registration.
27. Renewal of registration.
28. Application for transfer of registration.
29. Closure of registration on transfer.
30. Notification of and declaration of transfer of ownership.
31. Notice of change in status of owner.
32. Issue of certificate of deletion.

PART VIII.
Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
REGULATIONS 1997
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1995-12
Subsidiary
1997/158 BAREBOAT REGISTRATION.

33. Application of Part VIII.
34. Application for bareboat registration.
35. Declaration by or on behalf of bareboat charterers.
36. Bareboat registration.
37. Certificate of Bareboat Registry.
38. Period of bareboat registration.
39. Retention of documents on bareboat registration.
40. Application of the Act and these Regulations to ships bareboat
registered.
41. Application for transfer of bareboat registration.
42. Closure of bareboat registration on transfer.
43. Notification of and declaration of transfer of ownership of ship
bareboat chartered.
44. Notice of change in status of bareboat charterer.
45. Change of bareboat charterer.
46. Issue of certificate of deletion of bareboat registration.

PART IX.
CERTIFICATE OF PERMISSION.

47. Application for Certificate of Permission.
48. Certificate of Permission etc..
49. Termination of Certificate of Permission.
50. Application of the Act and these Regulations to a ship in respect of
which a Certificate of Permission is in effect.

PART X.
REGISTRATION OF A SHIP UNDER CONSTRUCTION.

51. Application for registration of a ship under construction.
52. Registration of a ship under construction.
53. Certificate of Registry of a Ship under Construction.
54. Retention of documents on registration of a ship under construction.

PART XI.
TRANSITIONAL SHIPS.

55. Application of the Act to transitional ships.

PART XII.
OFFENCES AND PENALTIES.

56. Offences and penalties.

Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
REGULATIONS 1997
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-12
Subsidiary
1997/158 SCHEDULE 1 Fees, charges and taxes

SCHEDULE 2
relevant countries

SCHEDULE 3
Accepted classification societies

SCHEDULE 4
Entry of provisional registration and provisional certificate of registry

SCHEDULE 5
Entry of registration and certificate of registry

SCHEDULE 6
Entry of bareboat registration and certificate of bareboat registry

SCHEDULE 7
Entry of ship under construction registration and certificate of registry of
ship under construction

SCHEDULE 8
Provisions applicable to transitional ships


Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
REGULATIONS 1997
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-12
Subsidiary
1997/158 Title and commencement.

1. These Regulations may be cited as the Gibraltar Merchant Shipping (Ship
Registration) Regulations l997 and shall come into effect on the day
appointed by the Governor as the day on which the sections of the Gibraltar
Merchant Shipping (Registration) Act, 1993 not yet in effect shall come into
effect.


PART I.
GENERAL.

Interpretation.

2. In these Regulations, unless the context shall otherwise require,–

“EEA” means the territories to which the EEA Agreement applies;

“EEA Agreement” means the Agreement on the European Economic
Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol
signed at Brussels on 17th March 1993;

“EEA State” means a State which is a Contracting Party to the EEA
Agreement;

“incorporated under the Laws of Gibraltar” or “registered under the Laws
of Gibraltar” means incorporated or registered under the
Companies Act, as the case may be;

“Maritime Administrator” means the person appointed under section 3;

“prescribed fees” means the fees, charges and taxes prescribed in
Schedule 1;

“prohibited ship” means a ship defined as a prohibited ship in accordance
with regulation 16;

“the Register” means the Register of Ships specified in regulation 3(2);

“registered agent” means a person defined as such under section 6 and
satisfying the requirements of regulation 8 in respect of registered
agents;

“relevant country” means a country specified in Schedule 2;

Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
REGULATIONS 1997
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
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Subsidiary
1997/158 “representative person” means a person resident in Gibraltar and satisfying the requirements of regulation 5 in respect of
representative persons;

“responsible individual” means the individual designated by the owner,
or where there is more than one owner, by all the owners as the
shore-based individual to whom is entrusted the day to day
operational management of the ship;

“ship” means a vessel as defined in section 2 other than a vessel
registerable as a pleasure yacht by virtue of regulation 4 of the
Gibraltar Merchant Shipping (Pleasure Yachts) Regulations 1997.


PART II.
REGISTERS.

Form of the registers.

3.(1) The Register of Ships and the Register of Ships under Construction
required by the Act to be kept by the Maritime Administrator shall be in
such form, compatible with the requirements of the Act and these
Regulations, as the Maritime Administrator may determine.

(2) In accordance with section 6(1)(a) the Register of Ships shall consist
of ships holding a Certificate of Registry, a Provisional Certificate of
Registry, a Certificate of Bareboat Registry, or a Certificate of Permission.

Rectification of the registers.

4.(1) Where it appears to any person interested that there is a material
error in the Register or in the Register of Ships under Construction, he may
apply, in writing, to the Maritime Administrator, for rectification of that
register.

(2) Upon receipt of an application under subregulation (1), the Maritime
Administrator may, if in his opinion there is a material error in the register
concerned–

(a) rectify that register; or

(b) subject to subregulation (3), require the applicant to apply to
the Supreme Court for rectification of that register.

Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
REGULATIONS 1997
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Subsidiary
1997/158 (3) Subregulation (2)(b) shall not apply in any case where the material error is due to the negligence or wilful act or omission of any person
appointed by the Maritime Administrator.

(4) Notice of an application to the Supreme Court under this regulation
for rectification shall be served by the applicant on the Maritime
Administrator and the Maritime Administrator may appear and be heard in
the proceedings.

(5) The Supreme Court may, in proceedings under this regulation–

(a) make such order as it thinks fit concerning the rectification of
the register concerned; and

(b) decide any question that it is necessary or expedient to decide
concerning such rectification.

(6) A copy of an order under subregulation (5) shall be served on the
Maritime Administrator.

(7) The Maritime Administrator shall, on receipt of the copy of an order
served under subregulation (6) and if the order so requires, rectify the
register concerned accordingly.

(8) For the purposes of this regulation–

(a) there is a material error in a register, if there is an error of fact
or substance in that register;

(b) without limiting the generality of paragraph (a), there is a
material error in a register if–

(i) an entry is omitted from that register;

(ii) an entry is made in that register without sufficient cause;

(iii) an entry wrongly exists in that register; or

(iv) there is an error or defect in an entry in that register;

(c) the reference in paragraph (b)(i) to an entry omitted from a
register, shall be read as including a reference to a matter that is
required or permitted by the Act or these Regulations to be
entered or to remain in that register, that is not entered in or is
removed from that register.

Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
REGULATIONS 1997
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-12
Subsidiary
1997/158 (9) The jurisdiction of the Supreme Court under this regulation may be exercised by the Registrar of the Supreme Court.


PART III.
REPRESENTATIVE PERSONS.

Representative person.

5.(1) Where, by virtue of the application of section 7(3) the appointment
of a representative person in relation to a qualified person is required, the
qualified person or persons shall–

(a) appoint an individual or a body corporate, satisfying the
prescribed requirements to be the representative person in
relation to him or them or each of them, as the case may be;

(b) ensure that, so long as the requirement in respect of a
representative person continues, an individual or a body
corporate satisfying those requirements is so appointed.

(2) The prescribed requirements referred to in subregulation (1)(a) are
that the representative person–

(a) is an individual resident in and having a place of business in
Gibraltar or is a body corporate registered under the Laws of
Gibraltar and having its principal place of business there; and

(b) has as a part of his or its business acting as a representative
person on behalf of qualified persons; and

(c) where, because of activities other than being the representative
person, the person appointed as representative person is
required to hold a licence under any other Act, possesses such a
valid licence; and

(d) has consented to act as the representative person, on behalf of
the qualified person or persons, such consent to be recorded in
writing.

(3) The qualified person–

(a) shall provide to the Maritime Administrator the name and
address of any representative person appointed in respect of
him or it; and

Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
REGULATIONS 1997
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1995-12
Subsidiary
1997/158 (b) in respect of a representative person who is for the time being appointed, shall, in the event of a change in the identity, or in
the address of the representative person, notify the Maritime
Administrator of the name and address of the new
representative person or (as the case may be) of the new
address, no later than seven days after the change occurs.

(4) The Maritime Administrator shall enter in the Register or the
Register of Ships under Construction, as the case may be, particulars
notified to him in compliance with the provisions of subregulation (3).

(5) A representative person appointed in relation to a qualified person,
shall, in the event that he ceases to comply with any of the requirements of
subregulation (2), give notice in writing of that event to the Maritime
Administrator and the qualified person within seven days after the
occurrence thereof.

(6) A representative person, appointed in relation to a qualified person,
who intends to cease acting as the representative person in relation to that
qualified person shall–

(a) give notice in writing of his intention to the qualified person;
and

(b) lodge with the Maritime Administrator a declaration that he has
given such notice,

and such notice shall be given and declaration lodged no later than seven
days before the registered agent intends to cease to so act.

Duties, etc. of representative persons.

6.(1) The representative person appointed in relation to a qualified person
shall be the legal representative of the qualified person in respect of all
matters concerning the qualified person in respect of the ship of which he is
the owner or bareboat charterer, or one of the owners or bareboat charterers,
as the case may be, as a registered ship and in particular, but without
limiting the generality of the foregoing, shall, on behalf of the qualified
person–

(a) accept service of all documents, in respect of legal proceedings
against the qualified person, which may be served on the
qualified person under the provisions of the Act or these
Regulations;

Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
REGULATIONS 1997
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Subsidiary
1997/158 (b) where the Maritime Administrator, by notice served on the qualified person and on the representative person, requires the
qualified person to take any action or give any information
concerning himself or itself in respect of the ship or the
operation of the ship as a registered ship of which he or it is the
owner or bareboat charterer, as the case may be, take such
action or give such information within the time specified in the
notice or, if no such time is specified, within a reasonable time,

and where in the Act, the Gibraltar Merchant Shipping (Safety etc.) Act,
1993 or in these Regulations there is reference to any notice being served on
the qualified person or any requirement being made of a qualified person the
qualified person shall be deemed to have notice of that service or knowledge
of that requirement if the representative person appointed in respect of the
qualified person shall have been served or shall have had notice of the
requirement.

(2) The duties prescribed by subregulation (1), shall be in addition to
and shall not derogate from any other duties prescribed in relation to a
representative person by or under the Act or these Regulations.

(3) Where a representative person is appointed in relation to a qualified
person, subregulations (1) and (2) shall apply to that representative person
until–

(a) the appointment by the qualified person of another
representative person; or

(b) the expiration of a period of seven days after the date on which
a declaration is lodged under regulation 5(6); or

(c) the qualified person ceases to be–

(i) the owner or bareboat charterer, as the case may be, of a
registered ship;

(ii) a qualified person;

(d) the winding up or dissolution, as the case may be, of the body
corporate being the representative person,

whichever event occurs first.

(4) Nothing in this regulation shall be construed as making the
representative person appointed in relation to a qualified person liable in any
Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
REGULATIONS 1997
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1997/158 legal proceedings (whether civil or criminal) for any act or omission of the qualified person.

Notice to replace representative person.

7. The Maritime Administrator may, if he is satisfied that the representative
person for the time being appointed in relation to a qualified person–

(a) does not satisfy the requirements specified in regulation 5(2);
or

(b) has failed to comply with regulation 5(5) or with any other
obligation imposed on him as the representative person by
these Regulations,

by written notice served on the qualified person and on the representative
person, require the qualified person to replace the representative person
within a period of thirty days after the date of service of the notice.


PART IV.
REGISTERED AGENTS.

Registered agent.

8.(1) Where the owner or bareboat charterer, or owners or bareboat
charterers, as the case may be, of a registered ship or of a ship in respect of
which the owner or bareboat charterer or owners or bareboat charterers, as
the case may be, have applied for registration on the Register or the Register
of Ships under Construction, as the case may be, is or are–

(a) in the case of an owner, an individual or individuals falling
within section 7(3)(a) and not resident in Gibraltar; or

(b) a person other than an individual,

the owner or bareboat charterer or owners or bareboat charterers, as the case
may be, shall appoint a registered agent in respect of that ship:

Provided that where in respect of such a ship–

(a) there is more than one owner, and

(b) all the owners fall within section 7(3)(a), and

(c) one of the owners is resident in Gibraltar, and
Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
REGULATIONS 1997
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Subsidiary
1997/158 (d) the Maritime Administrator is satisfied that the individual
falling within paragraph (c) has the authority of all other
owners to act as if he was the sole owner in respect of any
matters falling within the Act and these Regulations and for
which there is provision for service on the owner or registered
agent,

the Maritime Administrator may in his discretion waive the requirement in
this subregulation to appoint a registered agent in respect of that ship.

(2) Where, by virtue of the application of subregulation (1) the
appointment of a registered agent in relation to a ship is required, the owner
or bareboat charterer or owners or bareboat charterers, as the case may be, of
the ship shall–

(a) appoint an individual or a body corporate, satisfying the
prescribed requirements to be the registered agent in relation to
the ship; and

(b) ensure that, so long as the ship remains registered, an
individual or a body corporate satisfying those requirements is
so appointed.

(3) The prescribed requirements referred to in subregulation (2)(a) are
that the registered agent–

(a) is an individual resident in and having a place of business in
Gibraltar or is a body corporate registered under the Laws of
Gibraltar and having its principal place of business there; and

(b) has as a part of his or its business acting as a registered agent
on behalf of ship owners or bareboat charterers, as the case
may be; and

(c) where, because of activities other than being the registered
agent of the ship, the person appointed as registered agent is
required to hold a licence under any other Act, possesses such a
valid licence; and

(d) has consented to act as registered agent, on behalf of the owner
or bareboat charterer or owners or bareboat charterers, as the
case may be, in respect of that ship, such consent to be
recorded in writing.

(4) The owner or bareboat charterer–
Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
REGULATIONS 1997
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Subsidiary
1997/158 (a) shall provide to the Maritime Administrator the name and
address of any registered agent appointed in respect of a ship
registered or to be registered; and

(b) in respect of a registered agent who is for the time being
appointed, shall, in the event of a change in the identity, or in
the address of the registered agent, notify the Maritime
Administrator of the name and address of the new registered
agent or (as the case may be) of the new address, no later than
seven days after the change occurs.

(5) The Maritime Administrator shall enter in the Register, or the
Register of Ships under Construction, as the case may be, particulars
notified to him in compliance with the provisions of subregulation (4).

(6) A registered agent appointed in relation to a registered ship, shall, in
the event that he ceases to comply with any of the requirements of
subregulation (3), give notice in writing of that event to the Maritime
Administrator and the owner or bareboat charterer, as the case may be,
within seven days after the occurrence thereof.

(7) A registered agent, appointed in relation to a registered ship, who
intends to cease acting as the registered agent for that ship shall–

(a) give notice in writing of his intention to the owner or bareboat
charterer, as the case may be, of the ship; and

(b) lodge with the Maritime Administrator a declaration that he has
given such notice,

and such notice shall be given and declaration lodged no later than seven
days before the registered agent intends to cease to so act.

Duties, etc. of registered agent.

9.(1) The registered agent appointed in relation to a registered ship shall
be the legal representative of the owner or bareboat charterer, as the case
may be, of the ship in respect of all matters concerning that ship as a
registered ship and in particular, but without limiting the generality of the
foregoing, shall, on behalf of the owner or bareboat charterer–

(a) accept service of all documents, in respect of legal proceedings
against the owner or bareboat charterer, as the case may be, of
the ship, which may be served on the owner or bareboat
charterer under the provisions of the Act or these Regulations;
Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
REGULATIONS 1997
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1995-12
Subsidiary
1997/158 (b) where the Maritime Administrator, by notice served on the
owner or bareboat charterer, as the case may be, and on the
registered agent, requires the owner or bareboat charterer to
take any action or give any information concerning the ship or
the operation of the ship as a registered ship, take such action
or give such information within the time specified in the notice
or, if no such time is specified, within a reasonable time,

and where in the Act, the Gibraltar Merchant Shipping (Safety etc.) Act,
1993 or in these Regulations there is reference to any notice being served on
the owner or bareboat charterer, as the case may be, of a registered ship or
any requirement being made of the owner or bareboat charterer, as the case
may be, of a registered ship the owner or bareboat charterer shall be deemed
to have notice of that service or knowledge of that requirement if the
registered agent appointed in respect of the ship shall have been served or
shall have had notice of the requirement.

(2) The duties prescribed by subregulation (1), shall be in addition to
and shall not derogate from any other duties prescribed in relation to a
registered agent by or under the Act or the Gibraltar Merchant Shipping
(Safety, etc.) Act, 1993 or these Regulations.

(3) Where a registered agent is appointed in relation to a registered ship,
subregulations (1) and (2) shall apply to that person until–

(a) the appointment by the owner or bareboat charterer, as the case
may be, of another registered agent in relation to the ship; or

(b) the expiration of a period of seven days after the date on which
a declaration is lodged under regulation 8(7); or

(c) the registration of the ship is closed; or

(d) the winding up or dissolution, as the case may be, of the body
corporate being the registered agent,

whichever event first occurs.

(4) Nothing in this regulation shall be construed as making the
registered agent appointed in relation to a ship liable in any legal
proceedings (whether civil or criminal) for any act or omission of the owner
or bareboat charterer of the ship.

Notice to replace registered agent.

Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
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1997/158 10. The Maritime Administrator may, if he is satisfied that the registered agent for the time being appointed in relation to a ship–

(a) does not satisfy the requirements specified in regulation 8(3);
or

(b) has failed to comply with regulation 8(6) or with any other
obligation imposed on him as the registered agent by these
Regulations,

by written notice served on the owner or bareboat charterer, as the case may
be, and on the registered agent, require the owner or bareboat charterer to
replace the registered agent within a period of thirty days after the date of
service of the notice.


PART V.
SHIP NAMES AND MARKINGS.

Ship names.

11.(1) The name by which it is proposed to register a ship shall have been
approved by the Maritime Administrator in accordance with regulation 12
before the name is marked on the ship or entered in the Register.

(2) In addition to the restriction contained in section 10(2), if, in the case
of any ship which it is proposed to register, the Maritime Administrator
refuses to approve the name by which it is proposed to register the ship the
Maritime Administrator shall not register that ship under the name
proposed.

(3) In addition to the restriction contained in section 10(2), the owner
shall not change the name of a registered ship or permit any such change
without the prior written permission of the Maritime Administrator and the
Maritime Administrator shall not give such permission where the name is
one to which paragraphs (a), (b) or (c) of regulation 12(2) would apply.

(4) Where by virtue of regulation 51(4) the provisions of section 10 and
of this regulation apply to the Register of Ships under Construction that
section and this regulation (other than in this subregulation) shall be read as
if references to the Register were references to the Register of Ships under
Construction.

(5) The provisions of section 10 and of this regulation shall apply to a
Provisional Certificate of Registry, a Certificate of Bareboat Registry and a
Certificate of Permission as if references to a Certificate of Registry in that
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1997/158 section and in this regulation (other than in this subregulation) were references to a Provisional Certificate of Registry, a Certificate of Bareboat
Registry or a Certificate of Permission, as the case may be.

Approval of name.

12.(1) A person who proposes to make an application for the registration of
a ship under the Act and these Regulations shall give notice in writing to the
Maritime Administrator of the proposed name of the ship.

(2) If it appears to the Maritime Administrator that the proposed name is
not–

(a) already the name of a registered ship or pleasure yacht or a
name reserved in accordance with subregulation (5); or

(b) a name so similar to that of a registered ship or pleasure yacht
or to a name which has been reserved as to be calculated to
deceive; or

(c) in the opinion of the Maritime Administrator, a name
undesirable for the purposes of registering a ship in Gibraltar,

the Maritime Administrator shall authorise the proposed name and on
receipt of the prescribed fee, the Maritime Administrator shall, if the
proposed name has been so authorised, and, if all other requirements for
registration have been duly complied with, register the ship under that name
and give to that ship the official number allocated to that ship by the
Maritime Administrator.

(3) If the proposed name is found to be already the name of a registered
ship or pleasure yacht or a reserved name or a name so similar thereto as to
be calculated to deceive or a name undesirable for the purposes of
registering a ship or pleasure yacht in Gibraltar,–

(a) the Maritime Administrator may refuse to authorise that name
for the purpose of registration of a ship in Gibraltar; and

(b) where the Maritime Administrator has refused to authorise the
name in accordance with paragraph (a), the Maritime
Administrator shall refuse to register the ship by that name; and

the Maritime Administrator shall inform the applicant in writing of the
decision.

Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
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Subsidiary
1997/158 (4) A person who proposes to register a ship under the Act and these Regulations may make application in writing to the Maritime Administrator
requesting the Maritime Administrator to reserve a particular name for use
by the applicant.

(5) If it appears to the Maritime Administrator that the proposed
reserved name is not the name of a registered ship or pleasure yacht or a
name already reserved or a name so similar to that of a registered ship or
pleasure yacht or to another reserved name as to be likely to deceive, and is
not a name undesirable for the purposes of registering a ship in Gibraltar,
the Maritime Administrator may reserve that name for that applicant for a
period of ninety days commencing on the day on which the Maritime
Administrator gives notice to the applicant that the name has been reserved,
such notice to be given in writing.

(6) When a name has been reserved and the applicant registers the ship
within the period specified in subregulation (5), no other name approval
under this regulation shall be required.

(7) No ship shall be registered under the Act and these Regulations
unless the name of the ship has been approved under the provisions of this
regulation.

(8) The provisions of this regulation shall apply to the names of ships–

(a) registered by virtue of a bareboat charter-party or in respect of
which an application is being made for registration by virtue of
a bareboat charter-party;

(b) where regulation 51(4) applies, registered, or in respect of
which an application is being made that the ship be registered,
on the Register of Ships under Construction; or

(c) in respect of which–

(i) a Certificate of Permission has been issued; or

(ii) an application for a Certificate of Permission is being
made.

Change of name.

13.(1) An application by an owner or bare-boat charterer of a ship
registered under the Act to change the name of the ship shall be made to the
Maritime Administrator–

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1997/158 (a) in writing; and
(b) accompanied by–

(i) evidence in writing to the satisfaction of the Maritime
Administrator that each mortgagee and each holder of a
related instrument whose interest is recorded on the
Register or the Register of Ships under Construction, as
the case may be, in respect of that ship has consented to
the change to the proposed name;

(ii) written confirmation from the Maritime Administrator
that the proposed name is not the name of a registered
ship or pleasure yacht or a name reserved in accordance
with regulation 12(5) or is not a name so similar to the
name of a registered ship or pleasure yacht or a name so
reserved as to be likely to deceive, and is not, in the
opinion of the Maritime Administrator, a name
undesirable for the purposes of registering a ship in
Gibraltar,

(iii) the prescribed fee;

and where the Maritime Administrator is satisfied that the requirements of
this regulation are satisfied he shall in writing inform the owner or bare-boat
charterer that the application has been accepted.

(2) When the Maritime Administrator has accepted an application to
change the name of a registered ship–

(a) the Maritime Administrator shall issue to the owner a new
carving and marking note; and

(b) the owner shall–

(i) change the name on the bows and stern of the ship;

(ii) provide to the Maritime Administrator evidence to the
satisfaction of the Maritime Administrator that the new
name has been inscribed in place of the old name on the
ship;

(iii) present the Certificate of Registry (whether a Certificate
of a Ship under Construction, a Provisional Certificate of
Registry, a Certificate of Registry, a Certificate of
Bareboat Registry or a Certificate of Permission, as the
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1997/158 case may be) in the old name of the ship, to the Maritime Administrator or a person properly appointed or
authorised by him.

(3) The Maritime Administrator, on being satisfied that the owner has
complied with subsection (2)(b), shall–

(a) inscribe or cause to be inscribed the new name in place of the
old name on all of the documents constituting part of, or
recorded, on the Register, or on the Register of Ships under
Construction, as may be applicable; and

(b) issue or cause to be issued a new Certificate of Registry
(whether a Certificate of a Ship under Construction, a
Provisional Certificate of Registry, a Certificate of Registry, a
Certificate of Bareboat Registry or Certificate of Permission, as
the case may be, in the new name of the ship.

Marking of a ship.

14.(1) Except where–

(a) the registration is to be on the Register of Ships under
Construction; or

(b) an application is being made for the issue of a Certificate of
Permission after registration,

every ship before it is registered, shall be marked permanently and
conspicuously to the satisfaction of the Maritime Administrator in
accordance with administrative instructions made for this purpose.

(2) The Maritime Administrator may exempt any class of ships from all
or any of the requirements of this regulation.

(3) The marks required by this regulation shall be permanently
maintained, and no alteration shall be made to them except where any of the
particulars denoted by the marks are altered in the manner provided by the
Act and these Regulations.


PART VI.
REFUSAL OF REGISTRATION AND REMOVAL FROM A REGISTER.

Refusal of registration and removal from a register.

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1997/158 15.(1) If, for any reason it appears to the Maritime Administrator that a ship in respect of which an application for registration has been made may not be
registerable or may be a prohibited ship or may be a ship to which section
14(2) applies, the Maritime Administrator may, by notice served on the
applicant, require that person to furnish such information as the Maritime
Administrator thinks necessary for the purpose of determining whether the
ship is registerable or is a prohibited ship or is a ship to which section 14(2)
applies.

(2) Where the Maritime Administrator has served a notice under
subregulation (1) in respect of a ship, he may refuse to register the ship
unless within the period of thirty days commencing on the date of service of
the notice, he has become satisfied that the ship is registerable or is not a
prohibited ship or is not a ship to which section 14(2) applies, as the case
may be.

(3) If for any reason it appears to the Maritime Administrator that in
respect of a registered ship–

(a) the ship may no longer be entitled to be registered; or

(b) the ship has become a prohibited ship; or

(c) one or more of the provisions of subsection (2) or (3) of section
14 applies to the ship; or

(d) any penalty imposed on the owner or bareboat charterer, as the
case may be, of the ship in respect of a contravention of any
statutory provision relating to the owning or operating of a ship
has remained unpaid for a period of more than ninety days (and
no appeal against the penalty is pending); or

(e) any summons for any such contravention has been duly served
on the owner or bareboat charterer, as the case may be, of the
ship but that person 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 ninety days has elapsed
since that time; or

(f) prescribed fees in relation to registration or annual charges are
owed to the Maritime Administrator in respect of the ship,

the Maritime Administrator may serve a notice on the owner or bareboat
charterer, as the case may be, and on any mortgagee or holder of a related
instrument whose interest is recorded on the Register or the Register of
Ships under Construction, as the case may be, and on the registered agent–
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1997/158 (g) that the Maritime Administrator is not satisfied that the ship in
question is entitled to be registered or (as the case may be) is
satisfied of one or more of the matters referred to in paragraphs
(b) to (e) inclusive; and

(h) that the Maritime Administrator intends, after the end of the
period of l4 days beginning with the date of service of the
notice, to direct that the ship in question should cease to be
registered unless he is satisfied that it would be inappropriate to
do so by any representations made to him by or on behalf of the
owner or bareboat charterer or the mortgagee or holder of a
related instrument whose interest is recorded on the Register or
the Register of Ships under Construction, as the case may be,
within that period.

(4) As soon as practicable after the end of that period the Maritime
Administrator shall accordingly terminate the ship’s registration unless he is
satisfied that it would be inappropriate to do so by any such representations.

(5) Where the registration of any ship has terminated by virtue of this
regulation, the Maritime Administrator may subsequently, if he is satisfied
that it will be appropriate to do so, and on receipt of the prescribed fee,
restore the ship’s registration.

(6) Termination of registration shall be without prejudice to the position
of any mortgagee or of any holder of any related instrument whose interest
is recorded on the Register or the Register of Ships under Construction.

(7) Where the Maritime Administrator has–

(a) refused an application for registration of a ship; or

(b) terminated the registration of a ship;

the owner or bareboat charterer of the ship or the mortgagee or holder of any
related instrument whose interest is recorded on the Register or the Register
of Ships under Construction, as the case may be, may within thirty days of
the Maritime Administrator having given notice of the Maritime
Administrator’s decision appeal against that decision to the Minister and the
Minister shall hear and determine that appeal within a reasonable time and
in accordance with the requirements of natural justice.

(8) In the case of a decision to terminate the registration, and unless the
owner or bareboat charterer or the mortgagee or holder of any related
instrument whose interest is recorded on the Register or the Register of
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1997/158 Ships under Construction, as the case may be, shall have given notice in writing to the Maritime Administrator that no appeal will be made against
the decision, the registration of the ship on the Register or on the Register of
Ships under Construction, as the case may be, shall be suspended for the
period of thirty days from the day on which the Maritime Administrator
gave notice of his decision or for such longer period not exceeding a further
ninety days while an appeal is heard and determined.

(9) In determining an appeal under this regulation the Minster shall have
regard to the provisions of the Act and these Regulations and no appeal shall
be allowed if the effect would be to permit or continue a registration in
contravention of the Act or these Regulations.

(10) Where, as a result of an appeal under this regulation, a registration is
permitted or continued, the liability of the owner or bareboat charterer, as
the case may be, in respect of fees shall not exceed the liability which he
would have had had his application for registration not been refused by the
Maritime Administrator or had the Maritime Administrator not decided to
terminate the registration, as the case may be.

(11) Except as is provided for in subregulation (10), the Maritime
Administrator shall have no liability to an owner or bareboat charterer or the
mortgagee or holder of any related instrument whose interest is recorded on
the Register or the Register of Ships under Construction, as the case may be,
in respect of a refusal to register a ship or the termination of a registration of
a ship unless that refusal or termination is shown by the owner, bareboat
charterer, mortgagee or holder of any related instrument whose interest is
recorded on the Register or the Register of Ships under Construction to have
resulted from bad faith on the part of the Maritime Administrator.

Prohibited Ships.

16. The following classes of ships shall not be registered on the Register or
on the Register of Ships under Construction, even though, but for this
regulation such ship would be eligible for registration–

(a) ships provided with a nuclear reactor;

(b) fishing boats;

(c) ships which are not classed by an accepted Classification
Society;

(d) any ship which is specified as a prohibited ship by the Minister
by notice published in the Gazette,

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1997/158 and an accepted Classification Society is a Classification Society listed in Schedule 3 or otherwise accepted for this purpose.


PART VII.
PROVISIONAL AND FULL REGISTRATION ON THE REGISTER.

Application of Part VII.

17. This Part applies to–

(a) applications for registration on the Register leading to the issue
of a Provisional or a full Certificate of Registry;

(b) ships in respect of which a Provisional or full Certificate of
Registry has been issued and in respect of which no application
has been made for a Certificate of Permission and no
Certificate of Permission has been issued.

Application for registration on the Register.

18.(1) An application for registration on the Register shall be in the form
specified by the Maritime Administrator and shall be accompanied by–

(a) a declaration in accordance with regulation 19 in respect of
each owner of the ship or share therein; and

(b) where the registration is a first registration the information and
documents required by section 13; and

(c) the information and certificates required to satisfy section
14(1); and

(d) where a mortgage or related instrument is to be recorded, the
information and documents specified by section 39, or, if
applicable, section 40; and

(e) the appointment in accordance with regulation 8(2) in writing
of the registered agent in relation to the ship; and

(f) the consent, in writing, in accordance with regulation 8(3)(d),
of the registered agent appointed in relation to the ship, to his
appointment; and

(g) the name, address and telephone, telex and telefax numbers of
the responsible individual; and
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1997/158 (h) the prescribed fee or fees; and

(j) such other documents or information as may be provided for in
administrative instructions or as the Maritime Administrator
may reasonably require.

(2) The Maritime Administrator may require in administrative
instructions or may otherwise require such documents or information as may
enable him to be satisfied–

(a) that the requirements of section 7 are satisfied in respect of that
ship;

(b) as to the deletion of a ship from any registry outside of
Gibraltar;

(c) as to the incorporation, creation or registration and good
standing of an owner under the provisions of the relevant
legislation of Gibraltar or of an EEA State, as provided for in
section 7(3)(b)(i)(bb);

(d) the authority in respect of an owner, who is a body corporate,
other legal entity or foreign maritime entity, of the person by
whom the application is made to act on behalf of that body
corporate, legal entity or foreign maritime entity in this
application;

(e) that the ship is entitled to be registered, is not a ship to which
section 14(2) applies and is not a prohibited ship by virtue of
regulation 16 or a notice published thereunder.

Declaration by and on behalf of Owners.

19. A person shall not be entitled to be registered as the owner of a ship
which is to be registered by virtue of section 7(1)(a), or a share in or part of
such ship until that person has made and signed a declaration of entitlement
to ownership registered in Gibraltar, in the specified form, which shall
include–

(a) in the case of an individual purporting to be a qualified person
resident in Gibraltar, a statement that he falls within the
provisions of section 7(3) and is resident in Gibraltar;

(b) in the case of a body corporate, other legal entity or foreign
maritime entity, a statement that the declarant is authorised to
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1997/158 make a declaration on behalf of the body corporate, other legal entity or foreign maritime entity;

(c) in the case of a body corporate or other legal entity purporting
to be a qualified person, a statement of the circumstances of
incorporation or creation in Gibraltar or in an EEA State as
provided for in section 7(3)(b)(i)(bb) or of registration under–

(i) Part X of the Companies Act; or

(ii) Part XI of the Companies Act; or

(iii) Schedule 2 of the Act;

(d) in the case of a body corporate other than a qualified person, a
statement of the circumstance of incorporation or registration
of the body corporate;

(e) a statement of the number of shares in, or the fraction or
percentage of, the ship in respect of which the legal title will be
vested in the declarant;

(f) a statement that to the best of the declarant’s knowledge and
belief a majority interest in the ship will upon registration be
owned by one or more qualified persons;

(g) a statement that the general description of the ship contained in
the application is correct;

(h) a statement that the ship is not registered in any place outside
Gibraltar or, if it is so registered, that the declarant will secure
deletion of the ship from the registry in such place;

(j) in the case of a person other than a qualified person, a
statement that the declarant consents to the ship being
registered in Gibraltar;

(k) in the case of–

(i) an individual purporting to be a qualified individual but
not resident in Gibraltar;

(ii) a body corporate, other legal entity or foreign maritime
entity purporting to be a qualified person and not having
a place of business in Gibraltar,

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1997/158 a statement in writing giving the name and address of the representative person appointed in respect of that individual,
body corporate, legal entity or foreign maritime entity;

(l) a statement in writing designating a registered agent in respect
of the ship and a statement that to the best of the declarant’s
knowledge and belief upon registration of the ship that
registered agent will be appointed in accordance with
regulation 8;

(m) a statement in writing designating a responsible individual.

Provisional registration.

20.(1) Where the owner or owners of a ship intend to apply to have the ship
registered on the Register the Maritime Administrator or a person properly
appointed for the purpose, may on the application of the owner or owners
and on–

(a) the satisfaction of the requirements preliminary to provisional
registration contained in regulation 18 together with any
specified by the Maritime Administrator, and

(b) the prescribed fees having been received,

enter on the Register the particulars specified in Schedule 4 relating to the
ship.

(2) Where the requirements of subregulation (1) have been completed
and the entry on the Register of the provisional registration made, the
Maritime Administrator shall grant a Provisional Certificate of Registry
stating the matter specified in paragraphs (a) to (c) inclusive of section
17(1), that is to say–

(a) the name of the ship;

(b) the date and place of the purchase of the ship and the names of
its new owners;

(c) the particulars respecting the tonnage, build and description of
the ship;

and in addition–

(d) the date of expiry of the period of provisional registration in
accordance with regulation 21(1)(b), and
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1997/158 (e) the particulars not prescribed by this regulation but prescribed
in Schedule 4,

and shall issue to the owner or registered agent that Provisional Certificate
of Registry.

Period of provisional registration.

21.(1) Without prejudice to the provisions of the Act and these Regulations
relating to termination or closing of a registration, the provisional
registration of a ship shall be deemed to be closed upon–

(a) the registration of the ship under regulation 24 and the issue of
the Certificate of Registry under regulation 25;

(b) the expiry of a period of ninety days commencing on the date
of provisional registration,

whichever first occurs:

Provided that the Maritime Administrator may, where satisfied that the
safety of the ship and its operation is not compromised and upon payment of
the prescribed fee, consent to an extension for a further period of ninety
days.

(2) Where the provisional registration of a ship is deemed to be closed
under subregulation (1), such closing shall be without prejudice to the rights
of any mortgagee or holder of any related instrument in respect of any
mortgage or related instrument recorded on the Register in respect of the
ship.

(3) Upon–

(a) the expiry of the period specified by subregulation (1)(b)
without extension; or

(b) the expiry of any period of extension granted by the Maritime
Administrator in exercise of his discretion under the proviso to
subregulation (1) without further extension,

and in either case where no Certificate of Registry in respect of the ship is
issued, or the issue of a Certificate of Registry in respect of the ship, the
owner or master of the ship shall deliver the ship’s Provisional Certificate of
Registry or cause such certificate to be delivered to the Maritime
Administrator–
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1997/158 (a) immediately if the ship is in Gibraltar, or

(b) if the ship is not in Gibraltar, as soon as practicable and in any
case within a period of thirty days after the expiry of the period
of provisional registration, or the extension to that period, as
the case may be, or the issue of the Certificate of Registry.

(4) Nothing in this regulation shall be construed as derogating from or
affecting the application of the Act and these Regulations to the delivery up
of any Certificate of Registry.

Retention of documents on provisional registration.

22. When a ship is provisionally registered and the Provisional Certificate of
Registry is issued in accordance with regulation 20, the Maritime
Administrator shall retain in his possession the following documents in
respect of the ship–

(a) the application for registration;

(b) the declaration of ownership;

(c) the certificate of confirmation of class of the ship;

(d) the evidence of insurance in compliance with section 14(1)(c);

(e) the authorisation of the registered agent and the confirmation of
acceptance of the authorisation by the registered agent;

(f) the builder’s certificate, bill of sale in favour of the owner or
court order vesting title to the ship in the owner, as the case
may be;

(g) any certificate of deletion from a registry outside of Gibraltar;

(h) any documents required by section 39 or, if applicable, section
40, to be retained;

(j) such other documents as are provided for by administrative
instructions or as the Maritime Administrator may reasonably
require.

Application of Act and regulations in relation to ships provisionally
registered.

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1997/158 23. Except as otherwise provided expressly or by necessary implication, the provisions of the Act, of the Gibraltar Merchant Shipping (Safety etc.) Act,
1993 and of these Regulations shall apply to and in relation to provisional
registration and ships provisionally registered as they apply to and in
relation to registration and to registered ships.

Full registration.

24.(1) As soon as the requirements of the Act, these Regulations and
relevant administrative instructions preliminary to full registration have
been complied with there shall be entered on the Register the particulars
prescribed in Schedule 5 in respect of the ship.

(2) The registration of a ship under the Act and under these Regulations,
unless it is otherwise terminated according to the Act and these Regulations,
shall be valid for a period of one year beginning with the date of entry on the
Register in accordance with subregulation (1) and shall, subject to regulation
27, expire at the end of that period.

Certificate of full registration.

25.(1) On the completion of the registration of a ship, and upon payment of
the prescribed fees, the Maritime Administrator shall grant a Certificate of
Registry valid for a period of one year from the date of entry of the
registration in the Register.

(2) The Maritime Administrator shall issue to the owner or registered
agent a Certificate of Registry containing the particulars in respect of that
ship specified in Schedule 5.

Documents to be retained on full registration.

26. On completion of the registration of a ship, the Maritime Administrator
shall retain a copy of the documents prescribed for the purpose of
registration under the Act or these Regulations, including–

(a) those documents which the Maritime Administrator in the
exercise of his discretion has required to be produced to him in
order that he be satisfied as to any matter specified in the Act
and these Regulations as one in respect of which he shall or
may satisfy himself, including but not limited to any
certificates relating to the safety of the ship and/or the
competence of the master or members of the crew; and

(b) the documents to be retained in accordance with regulation 22.

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1997/158 Renewal of registration.

27.(1) An application for renewal of registration may be made to the
Maritime Administrator in the specified form together with the prescribed
documents during the last thirty days of the current period of registration.

(2) On receipt by the Maritime Administrator of–

(a) the specified form of application for renewal of registration of a
registered ship, properly completed by the owner or the
registered agent;

(b) a declaration from the owner or on his behalf by his
representative person that the information supplied at the time
of the application for registration remains true, or in the event
of a change in any of that information, a declaration containing
details of the change or changes;

(c) such other documents or information as may be provided for in
administrative instructions or as the Maritime Administrator
may reasonably require to satisfy himself that the ship remains
a registerable ship, has not become a prohibited ship and that
none of the provisions of section 14(2) apply to the ship such
that he should exercise his discretion under that section;

(d) the prescribed fee;

if he is satisfied that the ship is one to which section 7(1) applies, and
subject to subregulations (3)(b) and (5), the Maritime Administrator shall–

(e) enter in the Register the new particulars, if any, relating to the
ship, and the date of renewal of registration;

(f) issue to the owner a renewal Certificate of Registry valid for a
period of five years from the date of expiry of the last
registration of the ship on the Register.

(3) Where–

(a) after sixty days from the date on which a registration has
ceased to be valid under the provisions of regulation 24 or this
regulation the Maritime Administrator has not received an
application for renewal of the registration of a registered ship;
or

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1997/158 (b) having received an application for renewal of registration, the Maritime Administrator has–

(i) determined that the ship does not satisfy the requirements
of section 7(1); or

(ii) determined that the ship is one to which section 14(1)
applies or that the ship is a prohibited ship in accordance
with regulation 16;

(iii) exercised his discretion under section 14(2); and

(c) subject to the application of subregulations (3) to (5) and (7) to
(11) of regulation 15 to a situation falling within paragraph
(b)(iii),

the Maritime Administrator shall terminate the registration of the ship on the
Register.

(4) Termination of registration under this regulation shall be without
prejudice to the position of any mortgagee or of any holder of any related
instrument whose interest in respect of the ship is recorded on the Register.

(5) Where an owner has made a declaration of a change in any particular
in accordance with subregulation (2)(b), the Maritime Administrator shall
require such evidence of the change or changes of particulars so declared as
may be required for the purposes of these Regulations and shall apply the
requirements of these Regulations in respect of the matters so declared as
changed.

Application for transfer of registration.

28.(1) An application to transfer the registration of a ship registered on the
Register and in respect of which a Provisional Certificate of Registry or a
Certificate of Registry has been issued to the registry of a relevant country
shall be made to the Maritime Administrator–

(a) in a specified form;

(b) be accompanied by–

(i) the authorisation of the registered agent and the
confirmation of acceptance of the authorisation by the
registered agent;

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1997/158 (ii) the consent in writing of the owner, and if there are more owners than one, all the owners, if he or they are not the
applicant or applicants, of the ship and any share therein,
or of his or their representative persons, to the
application;

(iii) the consent in writing of each and every mortgagee or
holder of related instruments, whose interest is recorded
on the Register, to the application;

(iv) the Provisional Certificate of Registry or the Certificate
of Registry, as the case may be;

(v) the prescribed fee.

(2) An application to transfer the registration of a ship registered in the
registry of a relevant country to the Register shall be made to the Maritime
Administrator–

(a) in a specified form;

(b) accompanied by–

(i) a declaration of ownership in respect of each owner of
the ship or share therein in accordance with regulation
19;

(ii) the appointment in writing in accordance with the Act
and these Regulations of a registered agent;

(iii) the consent in writing of the registered agent, appointed
in relation to the ship to his appointment;

(iv) notice of mortgages, hypothecations and similar charges
recorded on the register in the relevant country in respect
of the ship;

(v) the written consent of any owner, other than the
applicant, of any mortgagee or mortgagees and the
holders of any other recorded charges, to the transfer;

(vi) a certified copy of the application to the registry of the
relevant country to transfer the registration to Gibraltar;

(vii) an application under regulation 12;

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1997/158 (viii) the prescribed fee.

Closure of registration on transfer.

29.(1) Where the Maritime Administrator has received official
confirmation from the registry of a relevant country that a certificate of
registry has been issued to a ship in respect of which an application was
made under regulation 28(1) and the requirements of that regulation have
been satisfied, he shall–

(a) close the registration on the Register;

(b) call for and retain the Certificate of Registry or the Provisional
Certificate of Registry, as the case may be;

(c) inform the registry of the relevant country of the closure and
pass to that registry the documents specified in paragraphs (f)
and (h) of regulation 22.

Notification of and declaration of transfer of ownership.

30.(1) A person who ceases to be the owner of a registered ship or a share
in such a ship shall, within thirty days of the date on which he ceased to be
the owner, lodge with the Maritime Administrator written particulars of the
date and the name and address of the new owner.

(2) Where notice has been given under subregulation (1) and the
transferee has not, within thirty days of the receipt of that notice by the
Maritime Administrator applied to be entered on the Register as the owner
of the ship or share, the Maritime Administrator may treat the ship as no
longer entitled to be registered.

Notice of change in status of owner.

31.(1) An owner who is an individual, resident in Gibraltar, shall notify the
Maritime Administrator in writing of–

(a) any change in his address;

(b) any change in his residential status;

within seven days of the change occurring.

(2) Where a registered agent is required to be appointed in respect of a
ship, the registered agent shall, within seven days of the event, inform the
Maritime Administrator in writing of any change in the status or in any
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1997/158 material particular required under the Act or these Regulations to be notified to the Maritime Administrator in respect of an individual, body corporate,
other legal entity or foreign maritime entity being an owner of that ship.

Issue of certificate of deletion.

32. Where the registration of a ship is, or is deemed to be, closed under the
Act or these Regulations, the Maritime Administrator shall on application of
the owner and on payment of the prescribed fee issue to the owner a
Certificate of Deletion certifying that the ship’s registration is closed and the
date of such closure.


PART VIII.
BAREBOAT REGISTRATION.

Application of Part VIII.

33.(1) This Part applies to–

(a) applications made under the provisions of section 32 for
registration on the Register leading to the issue of a Certificate
of Bareboat Registry;

(b) ships in respect of which a Certificate of Bareboat Registry has
been issued.

(2) For the avoidance of doubt, the provisions of Parts I to VI inclusive
shall apply to an application and to a registration under this Part.

Application for bareboat registration.

34.(1) An application for registration on the Register of a ship under a
bareboat charter shall be made to the Maritime Administrator in the form
specified by the Maritime Administrator and shall be accompanied by–

(a) the documents provided for in paragraphs (c), (e), (f), (g) and
(j) of regulation 18(1);

(b) a declaration in accordance with regulation 35;

(c) notice of mortgages, hypothecations and similar charges
recorded on the registry outside of Gibraltar in respect of the
ship;

(d) a copy of the charter party showing–
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1997/158 (i) the name of the ship;

(ii) the names of the bareboat charterer and the ship owner or
owners;

(iii) the time, date and place of filing of the charter party;

(iv) the duration of the charter party;

(v) the registry in which the ship is registered;

(e) an official document from the registry outside of Gibraltar,
setting forth the ownership of the ship and any recorded
mortgages or charges;

(f) the written consents of the ship owner, and of the mortgagee or
mortgagees, if any, and of the holders of related instruments, if
any, to the bareboat registration of the ship in Gibraltar;

(g) evidence satisfactory to the Maritime Administrator that the
registry outside of Gibraltar will withdraw from the ship the
right to fly the flag of that registry while the ship is subject to
the bareboat charter to be registered under this regulation and
registered on the Register;

(h) the undertaking required by section 32(2)(a);

(j) the prescribed fee.

(2) The Maritime Administrator may require in administrative
instructions or may otherwise require such documents or information as may
enable him to be satisfied–

(a) that the requirements of section 7 are satisfied in respect of the
bareboat charterer of that ship;

(b) as to the incorporation, creation or registration and good
standing of a bareboat charterer under the provisions of the
relevant legislation of Gibraltar or of an EEA State, as provided
for in section 7(3)(b)(i)(bb);

(c) the authority in respect of the bareboat charterer of the person
by whom the application is made to act on behalf of that body
corporate, legal entity or foreign maritime entity in this
application;
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1997/158 (d) that the ship is entitled to be registered, is not a ship to which
section 14(2) applies and is not a prohibited ship by virtue of
regulation 16 or a notice made thereunder.

Declaration by or on behalf of bareboat charterers.

35. A body corporate, other legal entity or foreign maritime entity shall not
be entitled to be registered as the bareboat charterer of a ship which is to be
registered by virtue of section 7(1)(b), until the person authorised to make
declarations on behalf of the body corporate, other legal entity or foreign
maritime entity has made and signed a declaration in the specified form,
which shall include–

(a) a statement that the declarant is authorised to make a
declaration on behalf of the body corporate, other legal entity
or foreign maritime entity;

(b) a statement of the circumstances of incorporation or creation of
the body corporate or other legal entity in Gibraltar, or in an
EEA State as provided for in section 7(3)(b)(i)(bb), or of
registration under–

(i) Part X of the Companies Act, or

(ii) Part XI of the Companies Act; or

(ii) Schedule 2 of the Act;

(c) a statement that the body corporate, other legal entity or foreign
maritime entity has entered into a bareboat charter-party in
respect of the ship with the owner or the owners of the ship;

(d) a statement that pursuant to the terms of the bareboat charter-
party, the body corporate, other legal entity or foreign maritime
entity is able to register the ship in its name as the bareboat
charterer;

(e) a statement that the general description of the ship contained in
the application is correct;

(f) a statement that a true, correct and complete copy of the
bareboat charter-party is attached to the declarations;

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1997/158 (g) a statement that the consent of the owner of the ship to registration by virtue of the bareboat charter-party of the ship in
Gibraltar is attached to the declaration;

(h) a statement that the body corporate, other legal entity or foreign
maritime entity has a place of business in Gibraltar, or in the
absence of a place of business has appointed a representative
person, together with the address of that place of business or
the name and address of the representative person, as the case
may be;

(j) a statement in writing designating a registered agent in respect
of the ship and a statement that to the best of the declarant’s
knowledge and belief upon registration of the ship that
registered agent will be appointed in accordance with
regulation 8;

(k) a statement in writing designating a responsible individual.

Bareboat registration.

36.(1) Where–

(a) the requirements preliminary to bareboat registration contained
in section 32 and regulation 34 together with any specified by
the Maritime Administrator have been satisfied; and

(b) the prescribed fees have been received,

the Maritime Administrator shall enter on the Register the following
information–

(c) the name of the ship;

(d) the name of the bareboat charterer and of the ship’s owner;

(e) the name and registered address of the registered agent;

(f) the information provided for in regulation 34(1)(d);

(g) the termination date of the Certificate of Bareboat Registry;

(h) the particulars not prescribed by this regulation but prescribed
in Schedule 6.

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1997/158 (2) The bareboat charterer or registered agent of the bareboat charterer shall submit to the Maritime Administrator any amendments or addenda to
the charter party recorded under subregulation (1) in respect of the ship
within thirty days of the execution of such amendment, or addendum to the
charter party, and the Maritime Administrator shall record such information
on the Register showing the date and time of the entry on the Register.

Certificate of Bareboat Registry.

37. Where a registration has been made under regulation 36 the Maritime
Administrator shall issue to the bareboat charterer or his registered agent a
Certificate of Bareboat Registry which shall contain the particulars
prescribed in that regulation for entry on the Register and those prescribed in
Schedule 6.

Period of bareboat registration.

38.(1) Without prejudice to the provisions of the Act and these Regulations
relating to termination or closing of a registration, the bareboat registration
of a ship shall be deemed to be closed upon–

(a) the happening of the event referred to in section 32(4)

(b) the registration of the ship under Part VII and the issue of the
Certificate of Registry under that Part;

(c) the termination of the bareboat charter-party by virtue of which
the registration was made;

(d) the termination of the registration of the ship on the registry
outside of Gibraltar;

(e) the withdrawal of consent of the owner or owners or mortgagee
or holder of any related instrument whose interest is recorded
and noted by virtue of regulation 34(1)(c) to the bareboat
registration on the Register;

(f) the expiry of a period of two years commencing on the date of
the registration without the reissue of a Certificate of Bareboat
Registry under the provisions of this regulation,

whichever first occurs.

(2) Where the bareboat registration of a ship is deemed to be closed
under subregulation (1), such closing shall be without prejudice to the rights
of any mortgagee or holder of any related instrument in respect of any
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1997/158 mortgage or related instrument recorded and notified by virtue of regulation 34(1)(f) in respect of the ship.

(3) Upon–

(a) the expiry of the period specified by paragraph (f) of
subregulation (1) without the reissue of a Certificate of
Bareboat Registry; or

(b) the expiry of any period of reissue of a Certificate of Bareboat
Registry granted by the Maritime Administrator; or

(c) the happening of any event referred to in paragraphs (a) to (e)
inclusive of subregulation (1),

the owner or master of the ship shall deliver the ship’s Certificate of
Bareboat Registry or cause such certificate to be delivered to the Maritime
Administrator–

(a) immediately if the ship is in Gibraltar, or

(b) if the ship is not in Gibraltar, as soon as practicable and in any
case within a period of thirty days after date on which the
registration is deemed to have been closed or the expiry of the
period of bareboat registration, or the period of reissue of a
Certificate of Bareboat Registry, as the case may be.

(4) Nothing in this regulation shall be construed as derogating from or
affecting the application of the Act and these Regulations to the delivery up
of any certificate of registration.

(5) An application may be made to the Maritime Administrator–

(a) by the bareboat charterer or his registered agent;

(b) before the expiry of the Certificate of Bareboat Registry;

for the Certificate of Bareboat Registry to be reissued.

(6) On receipt by the Maritime Administrator of–

(a) the specified form of application for reissue of a Certificate of
Bareboat Registry properly completed by the bareboat charterer
or the registered agent;

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1997/158 (b) a declaration from the bareboat charterer or on his behalf by his representative person that the information supplied at the time
of the application for bareboat registration remains true, or in
the event of a change in any of that information, a declaration
containing details of the change or changes;

(c) such other documents or information as may be provided for in
administrative instructions or as the Maritime Administrator
may reasonably require to satisfy himself that the ship remains
a registerable ship and has not become a prohibited ship or a
ship to which section 14(2) applies;

(d) the prescribed fee;

if he is satisfied that the ship is one to which section 7(1)(b) applies, and
subject to subregulation (7)(b), the Maritime Administrator shall–

(e) enter in the Register the new particulars, if any, relating to the
ship, and the date of reissue of the Certificate of Bareboat
Registry;

(f) reissue to the bareboat charterer a Certificate of Bareboat
Registry subject to the time limits of section 32 in the same
form as the original Certificate of Bareboat Registry but
showing as the date of registration the date of expiry of the
original certificate and the date of expiry as the date of expiry
of the reissued certificate and he shall enter the details of the
reissue on the Register.

(7) Where–

(a) after sixty days from the date on which a bareboat registration
has ceased to be valid under the provisions of this regulation or
regulation 40 the Maritime Administrator has not received an
application for reissue of the Certificate of Bareboat Registry;
or

(b) having received an application for reissue of the Certificate of
Bareboat Registry, the Maritime Administrator has–

(i) determined that the ship does not satisfy the requirements
of section 7(1)(b); or

(ii) determined that the ship is one to which section 14(1)
applies or that the ship is a prohibited ship in accordance
with regulation 16;
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1997/158 (iii) exercised his discretion under section 14(2); and

(c) subject to the application of subregulations (3) to (5) and (7) to
(11) of regulation 15 to a situation falling within paragraph
(b)(iii),

the Maritime Administrator shall terminate the bareboat registration of the
ship on the Register and the provisions of subregulations (2) and (3) shall
apply as if reference had been made in a paragraph of subregulation (1) to
termination by virtue of this subregulation as closure of the bareboat
registration.

Retention of documents on bareboat registration.

39.(1) Where a ship is bareboat registered and a Certificate of Bareboat
Registry issued in accordance with regulation 37, the Maritime
Administrator shall retain in his possession in respect of that ship the
documents required by regulation 34 to accompany an application under that
regulation, including those documents which the Maritime Administrator, in
the exercise of his discretion under subregulation (2) of that regulation, has
required to be produced to him in order that he be satisfied as to any matter
specified in the Act and these Regulations as one in respect of which he
shall or may satisfy himself, including but not limited to any certificates
relating to the safety of the ship and/or the competence of the master or
members of the crew, together with the application.

(2) Upon the issue of the Certificate of Bareboat Registry the bareboat
charterer shall surrender to the registry outside of Gibraltar such documents
issued to the ship as may be required to be surrendered by that registry and,
within thirty days of the issue of the Certificate of Bareboat Registry, the
bareboat charterer shall make and lodge with the Maritime Administrator a
declaration that he has complied with the provisions of this subregulation.

Application of the Act and these Regulations to ships bareboat
registered.

40.(1) A bareboat registration under the Act and these Regulations shall not
change any ownership rights over the ship and it shall have no effect with
regards to title to and transfer and transmission of such ship or shares
therein.

(2) The bareboat charterer or the owner shall inform the Maritime
Administrator of any transfer of ownership of the ship or other changes or
alterations respecting the ship, within thirty days of such changes or
alterations taking place.
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1997/158 (3) The bareboat registration of the ship shall, where there is a change in
ownership, be closed unless the new owners, within thirty days, have
informed the Maritime Administrator that they have no objection to the
bareboat registration of the ship continuing, and, within thirty days of
having made such declaration, have lodged their consent in writing to such
registration with the Maritime Administrator and in the event that the
registration shall have closed by virtue of this subregulation the provisions
of subregulations (1) to (4) inclusive of regulation 38 shall apply as if
reference had been made in a paragraph of subregulation (1) of that
regulation to closure by virtue of this subregulation.

Application for transfer of bareboat registration.

41.(1) An application to transfer the bareboat registration of a ship in
respect of which a Certificate of Bareboat Registry has been issued to the
registry of a relevant country shall be made to the Maritime Administrator–

(a) in a specified form;

(b) be accompanied by–

(i) the authorisation of the registered agent and the
confirmation of acceptance of the authorisation by the
registered agent;

(ii) the consent in writing of the bareboat charterer and of the
owner, and if there are more owners than one, all the
owners, of the ship and any share therein, to the
application;

(iii) the consent in writing of each and every mortgagee or
holder of related instruments, whose interest is recorded
by virtue of regulation 34(1)(c), to the application;

(iv) the Certificate of Bareboat Registry;

(v) the prescribed fee.

(2) An application to transfer the bareboat registration of a ship bareboat
registered in the registry of a relevant country to the Register shall be made
to the Maritime Administrator–

(a) in a specified form;

(b) accompanied by–
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1997/158 (i) the documents specified in paragraphs (a) to (f) and (h)
of regulation 34(1);

(ii) a certified copy of the application to the registry of the
relevant country to transfer the registration to Gibraltar;

(iii) an application under regulation 12;

(iv) an official document from the registry of the relevant
country setting forth the details of the bareboat
registration in that registry;

(v) evidence satisfactory to the Maritime Administrator that
the registry of the relevant country will withdraw from
the ship the right to fly the flag of that registry when the
transfer of the bareboat registration to Gibraltar is
completed and a Certificate of Bareboat Registry has
been issued;

(vi) the prescribed fee.

(3) The provisions of regulation 34(2) shall apply to an application
under this regulation.

(4) Where–

(a) the requirements preliminary to bareboat registration contained
in section 32 and this regulation together with any specified by
the Maritime Administrator have been satisfied; and

(b) the prescribed fees have been received,

the Maritime Administrator shall enter on the Register the information
provided for in regulation 36(1).

(5) Section 32 and regulations 36(2) and 37 to 40 inclusive shall apply
to a registration made on transfer from a relevant registry as they apply to a
bareboat registration made under regulation 36.

Closure of bareboat registration on transfer.

42.(1) Where the Maritime Administrator has received official
confirmation from the registry of a relevant country that a certificate of
bareboat registry has been issued to a ship in respect of which an application
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1997/158 was made under regulation 41(1) and the requirements of that regulation have been satisfied, he shall–

(a) close the bareboat registration on the Register;

(b) call for and retain the Certificate of Bareboat Registry;

(c) inform the registry of the relevant country of the closure.

Notification of and declaration of transfer of ownership of ship
bareboat chartered.

43.(1) A person who ceases to be the owner of a ship to which a Certificate
of Bareboat Registry or of a share in such a ship shall, within thirty days of
the date on which he ceased to be the owner, lodge with the Maritime
Administrator written particulars of the date and the name and address of the
new owner.

(2) Where notice has been given under subregulation (1) and the
transferee has not, within thirty days of the receipt of that notice by the
Maritime Administrator given notice of his consent to the bareboat
registration of the ship on the Register, the Maritime Administrator may
treat the ship as no longer entitled to be registered.

Notice of change in status of bareboat charterer.

44. The registered agent shall, within seven days of the event, inform the
Maritime Administrator in writing of any change in the status or in any
material particular required under the Act or these Regulations to be notified
to the Maritime Administrator in respect of a body corporate, other legal
entity or foreign maritime entity being a bareboat charterer of that ship.

Change of bareboat charterer.

45.(1) Subject to satisfaction of the requirement of section 7 and of this
Part by the new bareboat charterer and the continued satisfaction of the
requirements of this Part in respect of the ship bareboat registered on the
Register, whenever a change occurs in the registered bareboat charterer of a
ship, the change of bareboat charterer shall be entered on the Register and a
new Certificate of Bareboat Registry shall be issued by the Maritime
Administrator, as soon as the change of bareboat charterer has occurred.

(2) The bareboat charterer or master shall, for the purpose of such
replacement as is provided for in subregulation (1), deliver the old
Certificate of Bareboat Registry to the Maritime Administrator or a person
properly appointed or authorised by him.
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1997/158 Issue of certificate of deletion of bareboat registration.

46. Where the bareboat registration of a ship is, or is deemed to be, closed
under the Act or these Regulations, the Maritime Administrator shall on
application by the owner and upon payment of the prescribed fee issue to the
bareboat charterer, a Certificate of Deletion certifying that the ship’s
bareboat registration is closed and the date of such closure.


PART IX.
CERTIFICATE OF PERMISSION.

Application for Certificate of Permission.

47.(1) The owner, or his registered agent, of a ship in respect of which a
Certificate of Registry or Provisional Certificate of Registry has been issued
under the provisions of the Act and these Regulations, may apply to the
Maritime Administrator for a Certificate of Permission, which, if issued,
permits the ship, being the subject of a bareboat charter, to be registered in
respect of that bareboat charter, on a registry outside of Gibraltar.

(2) The application for a Certificate of Permission shall be–

(a) made in writing;

(b) accompanied by–

(i) the consent in writing of the owners, and if there are
more owners than one, all the owners of the ship and any
share therein, or of his or their representative persons, to
the application;

(ii) the consent in writing of each and every mortgagee or
holder of related instruments, whose interest is recorded
on the Register, to the application;

(iii) a copy of the bareboat charter showing–

(aa) the name of the ship;

(bb) the names of the bareboat charterer and the
ship’s owner or owners;

(cc) the time and date and place of filing of the
charter party;
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1997/158 (dd) the duration of the charter party;

(ee) the registry on which the bareboat registration
of the ship is to be registered outside of
Gibraltar;

(iv) official confirmation from the registry on which the
bareboat charter is to be registered that a registration of
that kind is permitted and that, where such a registration
is made, that registry is the competent authority
exercising elsewhere control and jurisdiction over the
ship in the application of international conventions and
agreements;

(v) undertakings, executed under oath or affirmation and
attested to the satisfaction of the Maritime Administrator
that, if the Certificate of Permission is issued, and the
bareboat registration made within seven days of the date
of such registration -

(aa) the owner will surrender to the Maritime
Administrator the Certificate of Registry, or
Provisional Certificate of Registry, as the case
may be, of the ship, together with all other
documents except the Certificate of
Permission which have been issued in respect
of that ship;

(bb) the owner will take all such steps as are
necessary to ensure that during the period of
the bareboat registration the ship shall not–

(i)fly the proper colours;

(ii) claim Gibraltar as her home port;

(iii) fly the flag of any registry other than the
registry specified in the Certificate of
Permission;

(vi) the prescribed fee.

Certificate of Permission etc..

48.(1) Where–
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1997/158 (a) the required documents have been lodged; and

(b) the prescribed fees received,

the Maritime Administrator may issue to the owner or owners a Certificate
of Permission stating that–

(c) the right to fly the proper colours is withdrawn;

(d) the ship may not claim Gibraltar as the home port;

(e) Gibraltar recognises the registry outside of Gibraltar named in
the Certificate of Permission as being the competent authority
to exercise exclusive jurisdiction and control over the ship in
accordance with international conventions and agreements.

(2) When, in fulfilment of the undertaking provided for in regulation
47(2)(b)(v)(aa), the Certificate of Registry, or the Provisional Certificate of
Registry, as the case may be, and the other documents are lodged with the
Maritime Administrator he shall prepare the Certificate of Registry or
Provisional Certificate of Registry, as the case may be, provided for in
section 33(2) and shall–

(a) retain that Certificate of Registry or Provisional Certificate of
Registry, as the case may be;

(b) enter on the registration of the ship on the Register that the
Certificate of Permission has been issued and the bareboat
registration made.

(3) The owner shall, within seven days of the registration of the bareboat
charter on the registry outside of Gibraltar, make and lodge with the
Maritime Administrator a declaration to the effect that the name of the home
port outside of Gibraltar has been marked on the stern of the ship in lieu of
Gibraltar.

(4) An application may be made to the Maritime Administrator–

(a) by the owner or his registered agent;

(b) before the expiry of the Certificate of Permission;

for the Certificate of Permission to be reissued and, provided that the
Maritime Administrator is satisfied that the applicable provisions of the Act
generally and these Regulations are satisfied by and in respect of that ship
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1997/158 and upon payment of the prescribed fee, he may reissue the Certificate of Permission subject to the time limits of section 33 in the same form as the
original Certificate of Permission, but showing, as the date of registration
the date of expiry of the original certificate and, as the date of expiry, the
date of expiry of the reissued certificate and he shall enter the details of the
reissue in the Register.

(5) The owner shall, where a Certificate of Permission is issued, inform
the Maritime Administrator in writing of any modifications or amendments
to the charter party within thirty days of such modifications or amendments
being made.

Termination of Certificate of Permission.

49.(1) The Certificate of Permission or a reissued Certificate of Permission,
as the case may be, shall cease to be valid–

(a) where the period for which the Certificate is issued, or
reissued, as the case may be, expires without reissue; or

(b) the Certificate is revoked by the Maritime Administrator.

(2) The Maritime Administrator shall revoke a Certificate of Permission
if–

(a) any of the conditions to be observed by virtue of section 33 and
this Part are not so observed;

(b) the Maritime Administrator, after giving the owner and
bareboat charterer a reasonable opportunity to make
representations, concludes that it is in the interests of Gibraltar
or Gibraltar shipping to do so;

(c) the charter party terminates or is terminated by one of the
parties to it;

(d) the bareboat registration on the registry outside Gibraltar
terminates or is terminated.

(3) If the Certificate of Permission is revoked–

(a) the Maritime Administrator shall inform in writing–

(i) the registry outside of Gibraltar on which the bareboat
registration was made;

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1997/158 (ii) the ship owner or owners;
(iii) the bareboat charterer;

(iv) the mortgagees and holders of related instruments whose
interests are recorded on the Register;

(b) unless the reason for revocation was the termination of the
bareboat registration, the owner shall take all necessary steps to
cause the bareboat charterer to terminate the bareboat
registration of the ship on the registry outside of Gibraltar;

(c) if the Maritime Administrator is satisfied that the bareboat
registration is terminated, he shall make an entry to that effect
on the registration of the ship on the Register;

(d) the owner shall, within seven days of the termination, lodge
with the Maritime Administrator a declaration that the bareboat
registration has been terminated on the registry outside
Gibraltar and shall, within thirty days, lodge a certified
transcript or extract from that registry showing the termination.

(4) Where the Maritime Administrator is satisfied that the requirement
of paragraph (b) of subregulation (3) has been satisfied and the declaration
required by paragraph (d) of that regulation has been lodged, and unless the
registration on the Register is to be terminated, the Maritime Administrator
shall prepare a Certificate of Registry, or a Provisional Certificate of
Registry, as the case may be, in replacement of that Certificate of Registry
surrendered in accordance with regulation 48(2) and shall issue to the owner
the replacement Certificate of Registry or Provisional Certificate of
Registry, as the case may be, and return to him the other documents lodged
with the Maritime Administrator in accordance with that regulation.

Application of the Act and these Regulations to a ship in respect of
which a Certificate of Permission is in effect.

50.(1) A ship bareboat registered out of Gibraltar shall be registered on the
registry outside of Gibraltar in the name under which it is registered on the
Register.

(2) The name of the ship may be changed in accordance with the
provisions of section 10 and these Regulations:

Provided that where the name is so changed, the name on the registry
outside Gibraltar shall also be changed in compliance with subregulation
(1).
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1997/158 (3) The owner shall immediately notify in writing the Maritime
Administrator of the closure or lapse of the bareboat registration in the
registry outside of Gibraltar and shall, within seven days of such closure or
lapse, deliver to the Maritime Administrator a certified transcript or extract
of that registration showing such closure.

(4) The provisions of Parts I, II, III,, V, VI, and IX of the Act to the
extent that they are not excluded or varied by section 33 or this Part, shall
apply to the ship during the period in respect of which the Certificate of
Permission, or a reissued Certificate of Permission, as the case may be, is
valid as if the ship were not bareboat registered out of Gibraltar and all fees
payable by virtue of the Act or these Regulations in respect of a ship
registered on the Register and having either a Certificate of Registry or a
Provisional Certificate of Registry shall be due notwithstanding that
bareboat registration.

(5) The provisions of Parts I to VII inclusive, XI and XII of these
Regulations to the extent that they are not excluded by section 33 or this
Part shall apply to the ship during the period in respect of which the
Certificate of Permission, or a reissued Certificate of Permission, as the case
may be, is valid as if the ship were not bareboat registered out of Gibraltar.


PART X.
REGISTRATION OF A SHIP UNDER CONSTRUCTION.

Application for registration of a ship under construction.

51.(1) An application for registration of a ship under construction on the
Register of Ships under Construction shall be made to the Maritime
Administrator and may be made in respect of any ship which, on completion
of construction, may be registered on the Register and may be made at any
stage of construction.

(2) An application under subregulation (1) shall be made–

(a) in the specified form;

(b) accompanied by information supplied by the builder which
shall include–

(i) the construction hull number of the ship;

(ii) the intended length, breadth and depth of the ship;

Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
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1997/158 (iii) the intended capacity of the ship;
(iv) the location of the construction;

(v) the name and registered address of the shipbuilder;

(vi) the reason for registration;

(vii) a statement issued by the intended Classification Society
of the Class Notation of the ship;

(viii) any ship building contract, bill of sale, mortgage or
related instrument to be recorded in respect of that ship;
and

(ix) the prescribed fee.

(3) The provisions of sections 7 and l2 and Parts I to IV inclusive VI,
VII, XI and XII of these Regulations shall apply to the Register of Ships
Under Construction, an application for registration on the Register of Ships
under Construction and ships registered on that register in accordance with
instructions made by the Maritime Administrator and to the extent required
by those instructions there shall be added to the list of information contained
in subregulation (2)(b) such other information as is necessary to comply
with those instructions:

Provided that, where the owner of the ship during the period of registration
is the builder, mortgagee or other person temporarily holding an interest in
the building contract, the requirement in respect of a declaration of
ownership shall not apply in respect of the builder but in respect of the
purchaser or ultimate owner.

(4) The provisions of the Act and Part V in respect of–

(a) the name of the ship;

(b) the marking of the ship,

shall not apply to an application for registration under this regulation:

Provided that where the owner wishes to register the name of the ship on
the Register of Ships under Construction or wishes to reserve a name the
provision in respect of names shall apply.

Registration of ship under construction.

Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
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1997/158 52. Where–
(a) the requirements preliminary to registration on the Register of
Ships under Construction contained in regulation 51 together
with any specified by the Maritime Administrator have been
satisfied; and

(b) the prescribed fees have been received,

the Maritime Administrator shall enter on the Register of Ships under
Construction the following information–

(c) the name and registered address of the owner or owners
specifying whether the owner is the builder, the purchaser or
another person therein specified;

(d) where there are more owners than one, the percentage interest
of each owner in the ship or a share or part therein;

(e) the name and registered address of the builder where he is not
the owner;

(f) the name and address of any registered agent in respect of the
ship;

(g) any ship building contract, bill of sale, mortgage or related
instrument recorded in respect of the ship;

(h) such information in respect of the construction and
measurements of the ship as the Maritime Administrator shall
deem appropriate;

(j) the location in which the ship is being constructed,

as prescribed in Schedule 7.

Certificate of Registry of a Ship under Construction.

53. Where a registration has been made under regulation 52, the Maritime
Administrator shall issue to the person by whom the application for
registration was made a Certificate of Registry of a Ship under Construction
which shall contain the particulars prescribed in Schedule 7.

Retention of documents on registration of a ship under construction.

Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
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1997/158 54. Where a ship under construction is registered and a Certificate of Registry of a Ship under Construction issued in accordance with regulation
53, the Maritime Administrator shall retain in his possession in respect of
that ship the documents required by regulation 51(2)(b) and (3) to
accompany an application under that regulation, together with the
application.


PART XI.
TRANSITIONAL SHIPS.

Application of the Act to transitional ships.

55. The provisions of–

(a) the sections of the Act listed in Part I of Schedule 8;

(b) those of these Regulations listed in Part II of Schedule 8;

shall not apply, or shall not apply to the extent specified in respect of that
section, or that regulation, as the case may be, to ships to which Part VIII of
the Act applies.


PART XII.
OFFENCES AND PENALTIES.

Offences and penalties.

56.(1) Where–

(a) the scale showing the draught of water of a registered ship is in
any respect inaccurate so as to be likely to mislead, or

(b) a registered ship is not maintained marked as required by
regulation 14,

the owner or bareboat charterer is guilty of an offence.

(2) A person who–

(a) conceals, removes, alters, defaces or obliterates, or

(b) suffers any person under his control to conceal, remove, alter,
deface or obliterate,

Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
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1997/158 any marking required by regulation 14 to be maintained on a ship, is guilty of an offence.

(3) Any person who–

(a) forges or fraudulently alters any register, builder’s certificate,
surveyor’s certificate, certificate of registry, declaration, bill of
sale, instrument of mortgage, or any entry or endorsement
made in or on any of those documents, or

(b) who seeks to conceal that a ship in respect of which an
application for registration is or has been made is a prohibited
ship,

shall be guilty of an offence punishable on summary conviction by a fine at
level 4 on the standard scale.

(4) Every person, who, in the case of a declaration made in the presence
of or produced to a Maritime Administrator or a person properly appointed
or authorised by him, or in any document or other evidence produced to
such person for the purposes of these Regulations–

(a) wilfully makes any false statement concerning the title to, or
ownership of, or the interest existing in, any ship or share in a
ship;

(b) utters, produces or makes use of any declaration or document
containing any such false statement knowing the same to be
false,

shall be guilty of an offence punishable on summary conviction by a fine at
level 4 on the standard scale.

(5) Where no specific offence and no penalty, or no specific penalty, is
provided for, a failure to comply with the requirements of the Act or of these
Regulations, shall be an offence by the person, other than the Maritime
Administrator or a person appointed or authorised by him, so required and
punishable–

(a) in the case of an owner, bareboat charterer, registered agent or
person on whom an obligation is imposed by reason of them
ceasing to be an owner, bareboat charterer or registered agent,
by a fine at level 4 on the standard scale;

(b) in the case of a master, by a fine at level 3 on the standard
scale;
Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
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1997/158 (c) in the case of any other person by a fine at level 2 on the
standard scale.
Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
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1997/158 SCHEDULE 1
Regulation 2
FEES, CHARGES AND TAXES

The fees, charges and taxes prescribed in the TABLE below shall be charged
and payable in respect of the matters specified therein and unless the fees,
charges and taxes so prescribed and any fees, charges and taxes outstanding
to the Register shall have been paid, the Maritime Administrator shall not be
required to provide any service under these Regulations to a registered agent
from whom payment is outstanding or in connection with a ship in respect
of which fees, charges or taxes are outstanding.

TABLE

Matters for which fees are payable

Fees
1. Application for registration of a ship
(regulations 18, 34 and 51)

£500.00
2. Application for provisional registration
(regulation 20)

£400.00
3. Registration following provisional registration

£300.00
4. Application for change of name of a ship
(regulation 13)

£300.00
5. Application for renewal of registration
(regulation 27)

£100.00
6. Application for extension of provisional registration

£200.00
7. Application for transfer of registration
(regulation 32)

£300.00
8. Issue of a Certificate of Deletion
(regulations 32 and 46)

£100.00
9. Application for reissue of Certificate of Bareboat
Registration
(regulation 38)


£250.00
10. Application for issue of Certificate of Permission
(regulation 47)

£200.00
Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
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1997/158 11. Application for re-issue of Certificate of Permission (regulation 48)
£200.00

12.

Issue of a Duplicate Certificate or an Exemption
Certificate


£100.00
13. Transfer of ownership

£300.00
14. Recording of a mortgage or related instrument and/or
Discharge thereof


£200.00
15. Transcript of Register or issue of new Certificate of
Registry, Provisional Certificate of Registry,
Certificate of Bareboat Registry, Certificate of
Permission or Certificate of Registry of Ship under
Construction - unless otherwise provided for in this
Schedule






£100.00
16. Inspection of Register (each vessel record)

£50.00
17. Transfer of Mortgage

£200.00
18. Registration of Foreign Maritime Entity

£200.00
19. Endorsement of a counterpart of recorded mortgage or
related instrument


£200.00
20. Registration of change of any registered particulars
recorded in the Register (including new Certificate)


£100.00

21. Signal letters when not submitted on first registration/
Letter of Consent

£50.00

22. Restoration of registration

£100.00

23. Administration/ office hourly charges (not involving
surveyors)
£60.00.

ANNUAL TONNAGE TAX

1. An annual tonnage tax shall be due and paid in respect of every ship
registered under these regulations, other than a ship plying in the Port of
Gibraltar and licensed by the port authority as a harbour craft.

2. The annual tonnage tax shall be payable in advance before the first day of
January of the year in respect of which it is due.
Gibraltar Merchant Shipping (Registration) GIBRALTAR MERCHANT SHIPPING (SHIP REGISTRATION)
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1997/158 3. The annual tonnage tax shall be payable at the following rates–

Gross Registered
Tonnage (“GRT”)
Annual Tax
(1) Up to and including
50,000

£700 plus £0.07 per GRT

(2) From 50,001 up to and
including 100,000
£700 plus £0.07 per GRT up to and including
50,000 GRT plus £0.04 per GRT in excess of
50,000

(3) 100,001 or more £700 plus £0.07 per GRT up to and including
50,000 plus £0.04 per GRT from 50,001 to
100,000 plus £0.02 per GRT in excess of
100,000 subject to a maximum annual
tonnage tax payable in the sum of £9,000.

4. Where in the certificate or measurement of a ship more than one gross
registered tonnage is specified, the annual tonnage tax shall be calculated by
reference to the greatest of those tonnages.

5. When a ship is first registered after the 31st January in any year, the
annual tonnage tax for that year shall be calculated at the rate of one twelfth
of the rate of the full tonnage tax for that ship for each complete calendar
month or proportion thereof of that year EXCEPT that if a ship is first
registered during November or December in any year the tonnage tax
payable at that time shall be the tax calculated as aforesaid for that year plus
the tax in respect of the next year.

6. The fees and tonnage tax payable and paid shall not be refundable.
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1997/158 SCHEDULE 2
Regulation 2

RELEVANT COUNTRIES

1. United Kingdom
2. Bermuda
3. Cayman Islands
4. Isle of Man

____________________



SCHEDULE 3
Regulation 16

ACCEPTED CLASSIFICATION SOCIETIES

Lloyds Register of Shipping
British Technical Committee of American Bureau of Shipping
British Committee of Bureau Veritas
British Committee of Det Norske Veritas
British Committee of Germanischer Lloyd
British Committee of Registro Italiano Navale


________________________


SCHEDULE 4
Regulation 20

ENTRY OF PROVISIONAL REGISTRATION AND PROVISIONAL
CERTIFICATE OF REGISTRY

Particulars to be recorded on the Register in respect of a provisional
registration.
(Items marked * to be included in a Provisional Certificate of Registry)

1. Ship’s name*
2. Ship’s Official Number*
3. Type of ship and material of construction*
4. Approximate dimensions of ship*
5. Particulars of engines and number of engines*
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1997/158 6. Hull number* 7. Approximate gross and net tonnage*
8. Estimated maximum speed*
9. Country of build*
10. Year of build*
11. Name and address of ship builder*
12. Number of seamen and apprentices for whom there is certified
accommodation*
13. Owner’s(s’) name and address*
14. Number of shares held in ship by each owner*
15. Date and place of purchase of the ship by owner
16. Number of Provisional Certificate of Registry*
17. Date ship provisionally registered*
18. Date of Issue of Provisional Certificate of Registry*
19. Date of Expiration of Provisional Certificate of Registry*
20. Details of representative person, registered agent and responsible
individual
21. Mortgages and related instruments recorded under Part V of the Act

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1997/158 SCHEDULE 5 Regulation 24

ENTRY OF REGISTRATION AND CERTIFICATE OF REGISTRY

Particulars to be recorded on the Register in respect of a registration.
(Items marked * to be included in the Certificate of Registry)

1. Ship’s name*
2. Ship’s Official Number*
3. IMO Number*
4. Signal letters*/Radio Call Sign*
5. Type of ship and material of construction*
6. Dimensions of ship*
7. Particulars of engines and number of engines*
8. Hull number*
9. Gross and net tonnage*
10. Estimated maximum speed*
11. Country of build*
12. Year of build*
13. Name and address of ship builder*
14. Number of seamen and apprentices for whom there is certified
accommodation*
15. Owner’s(s’) name and address*
16. Number of shares held in ship by each owner*
17. Date and place of purchase of the ship by owner
18. Number of Certificate of Registry*
19. Date ship registered*
20. Date of Issue of Certificate of Registry*
21. Date of Expiration of Certificate of Registry*
22. Details of representative person, registered agent and responsible
individual
23. Mortgages and related instruments recorded under Part V of the Act

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1997/158 SCHEDULE 6
Regulation 36

ENTRY OF BAREBOAT REGISTRATION AND CERTIFICATE OF
BAREBOAT REGISTRY

Particulars to be recorded on the Register in respect of a bareboat
registration.
(Items marked * to be included in the Certificate of Bareboat Registry)

1. Ship’s name and name of ship on primary registry*
2. Ship’s Official Number*
3. IMO Number*
4. Signal letters*/Radio Call Sign*
5. Type of ship and material of construction*
6. Dimensions of ship*
7. Particulars of engines and number of engines*
8. Hull number*
9. Gross and net tonnage*
10. Estimated maximum speed*
11. Country of build*
12. Year of build*
13. Name and address of ship builder*
14. Number of seamen and apprentices for whom there is certified
accommodation*
15. Bareboat Charterer’s name and address*
16. Country of primary registration
17. Duration of the charterparty
18. Time, date and place of filing of the charterparty
19. Owner’s(s’) name and address
20. Number of shares held in ship by each owner
21. Number of Certificate of Bareboat Registry*
22. Date of bareboat registration*
23. Date of Issue of Certificate of Bareboat Registry*
24. Date of Expiration of Certificate of Bareboat Registry*
25. Details of representative person, registered agent and responsible
individual

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1997/158 SCHEDULE 7
Regulation 53

ENTRY OF SHIP UNDER CONSTRUCTION REGISTRATION AND
CERTIFICATE OF REGISTRY OF SHIP UNDER CONSTRUCTION

Particulars to be recorded on the Register of Ships under Construction in
respect of a registration of a ship under construction.
(Items marked * to be included in the Certificate of Registry of a Ship under
Construction)

1. Proposed name of ship, if known*
2. Name and address of ship builder*
3. Type of ship and material of construction*
4. Proposed dimensions of ship*
5. Particulars of proposed engines and number of engines*
6. Estimated gross and net tonnage*
7. Estimated maximum speed*
8. Place of build*
9. Date of keel laying*
10. Shipbuilder’s Newbuild No.(Yard No./Hull No.)*
11. Owner’s(s’) name and address specifying whether the owner is the
builder, the purchaser or some other person therein specified*
12. Number of shares intended to be held in ship by each owner*
13. Number of Certificate of Registry of Ship under Construction*
14. Date ship under construction registered*
15. Date of Issue of Certificate of Registry of Ship under Construction*
16. Date of Expiration of Certificate of Registry of Ship under
Construction*
17. Details of any registered agent
18. Details of any shipbuilding contract, bill of sale, mortgage or related
instrument recorded on the Register of Ships under Construction in
respect of the ship under construction

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1997/158 SCHEDULE 8
Regulation 55

PROVISIONS NOT APPLICABLE TO TRANSITIONAL SHIPS

PART I

1. The following sections of the Act shall not apply to the extent specified in
respect of each section to ships to which Part VIII of the Act applies, that is
to say–

(a) sections 7(1)(d), 9, 10(5) and (6), 11, 12, 13, 16, 17, 18, 19, 20,
21, 22, 32, 38, 40, 41, 56, 57, 58, 59, 60, 61 and 62;

(b) Part VI in respect of matters arising prior to the date on which
these Regulations have effect.

PART II

2. The following regulations shall not apply to the extent specified in respect
of each regulation to ships to which Part VIII of the Act applies–

(a) regulations 8, 9, 10 except where there is an application for a
Certificate of Permission:

Provided that

(i) the representative person appointed in accordance with
section 204D of the Merchant Shipping Act in respect of
any ship shall be deemed to be the registered agent and
these Regulations shall apply to such person as if he were
the registered agent of that ship appointed in accordance
with these Regulations; and

(ii) these Regulations shall apply to a ship the registration of
which has not been completed on the date on which these
Regulations shall come into effect;

(b) 12, 16 (a) and (b), 17, 18, 19, 20, 24, 25, 26, 51, 52, 53 and 54.