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Merchant Shipping Registration Act 1991


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Merchant Shipping Registration Act 1991

c i e
AT 15 of 1991

MERCHANT SHIPPING REGISTRATION

ACT 1991

Merchant Shipping Registration Act 1991 Index


c AT 15 of 1991 Page 3

c i e
MERCHANT SHIPPING REGISTRATION ACT 1991

Index Section Page

PART I – REGISTRATION OF MANX SHIPS 7

Preliminary 7

1 Manx ships ....................................................................................................................... 7
2 Persons qualified to be owners of Manx ships ........................................................... 8
3 Entitlement to registration under this Part ................................................................. 9
4 Representative persons ................................................................................................ 10
5 Register ........................................................................................................................... 11
6 Refusal of registration .................................................................................................. 12
7 Survey and measurement of ship ............................................................................... 12
8 Marking of ship ............................................................................................................. 13
9 Application for registry ............................................................................................... 13
10 Declaration of ownership on registry ........................................................................ 13
11 Entry of particulars in register .................................................................................... 14
12 Duty of owner of registered ship to secure termination of any overseas
registration ..................................................................................................................... 14
13 Documents to be retained by the Department.......................................................... 14
14 Port of registry............................................................................................................... 14
15 Power of Department to remove ship from the register ......................................... 14
16 Offences relating to furnishing of information ......................................................... 15
Certificate of registry 16

17 Certificate of registry .................................................................................................... 16
18 Custody of certificate ................................................................................................... 16
19 Penalty for use of improper certificate ...................................................................... 16
20 Power to grant new certificate .................................................................................... 17
21 Provision for loss of certificate .................................................................................... 17
22 Endorsement of change of ownership on certificate ............................................... 17
22A Notification of change in general partner ................................................................. 17
22B Members of limited partnerships ............................................................................... 18
23 Delivery up of certificate of ship lost or ceasing to be Manx owned .................... 18
24 Provisional certificate for ship acquired out of Island ............................................ 19
Transfers and transmissions 19

Index Merchant Shipping Registration Act 1991


Page 4 AT 15 of 1991 c

25 Transfer of ships or shares .......................................................................................... 19
26 Notification and declaration of transfer .................................................................... 20
27 Registry of transfer ....................................................................................................... 20
28 Transmission of property in ship on death, bankruptcy, marriage etc ................ 21
29 Order for sale on transmission to unqualified person ............................................ 21
30 Transfer of ship on sale by order of court ................................................................. 22
31 Power of court to prohibit transfer ............................................................................ 22
32 Mortgage of a ship or share ........................................................................................ 22
33 Rules as to name of ship .............................................................................................. 22
Registry of alterations, registry anew and transfer of registry 23

34 Registry of alterations .................................................................................................. 23
35 Regulations for registry of alteration ......................................................................... 24
36 Registry anew on change of ownership .................................................................... 24
37 Procedure for registry anew ....................................................................................... 24
38 Transfer of registry ....................................................................................................... 24
Trusts and equitable rights 25

39 Notice of trusts not received ....................................................................................... 25
40 Equities not excluded by Act ...................................................................................... 25
Liability of beneficial owner 26

41 Liability of owners ....................................................................................................... 26
Supplementary 26

42 Returns to be made by Department ........................................................................... 26
43 Tonnage once ascertained to be the tonnage of ship ............................................... 26
44 Tonnage regulations .................................................................................................... 26
45 Interpretation: Part I..................................................................................................... 27
PART II – SMALL SHIPS REGISTER 28

46 Separate register for small ships ................................................................................ 28
PART III – REGISTRATION OF FISHING VESSELS 29

47 Separate registration of fishing vessels ..................................................................... 29
48 Eligibility for registration as Manx fishing vessel ................................................... 29
49 Grant or refusal of applications for registration of fishing vessels ....................... 30
50 Termination of registration where vessel is not eligible for registration or
is not certificated .......................................................................................................... 31
51 Consequences of termination of registration by virtue of section 50 .................... 32
52 Transfer of vessel or share by bill of sale .................................................................. 32
53 Transmission of property in vessel or share other than under section 52 ........... 34
54 Mortgages of registered vessels ................................................................................. 35
55 Offences relating to, and liabilities of, unregistered fishing vessels ..................... 35
56 Notification of changes in ownership etc and offences relating to
furnishing of information ............................................................................................ 36
57 Penalties for offences under section 55 or 56 and other provisions relating
to such offences ............................................................................................................. 36
58 Application of other enactments etc .......................................................................... 37
Merchant Shipping Registration Act 1991 Index


c AT 15 of 1991 Page 5

59 Interpretation etc of Part III ......................................................................................... 37
PART IV – REGISTER OF SHIPS CHARTERED BY DEMISE 38

60 Register of ships chartered by demise ....................................................................... 38
PART IVA - REGISTER OF SHIPS UNDER CONSTRUCTION 38

60A Register of ships under construction ......................................................................... 38
PART V – NATIONAL CHARACTER AND FLAG 39

61 National character of ship to be declared before clearance .................................... 39
62 Penalty for unduly assuming Manx character ......................................................... 39
63 Penalty for concealing Manx character of a ship ...................................................... 39
64 Liabilities of unregistered ships .................................................................................. 40
64A Declarations on behalf of limited partnerships ........................................................ 40
65 National colours for ships, and penalty on carrying improper colours ............... 40
66 Penalty on ship not showing colours ......................................................................... 41
67 Saving for Admiralty .................................................................................................... 41
PART VI – MISCELLANEOUS 41

Declarations and inspection of register 41

68 Power of Department to dispense with declarations and other evidence ............ 41
69 Mode of making declarations ..................................................................................... 42
70 Evidence of register, certificate of registry, and other documents ........................ 42
71 Forms of documents and instructions as to registry................................................ 42
False declarations 42

72 False declarations .......................................................................................................... 42
73 Proceedings on forfeiture of ship ............................................................................... 43
74 Detention of ships ......................................................................................................... 44
74A Service of documents ................................................................................................... 44
75 Offences: supplementary provisions ......................................................................... 45
76 Public documents: Tynwald procedure .................................................................... 45
77 Financial ......................................................................................................................... 46
78 Interpretation ................................................................................................................. 46
79 Amendments and repeals ............................................................................................ 47
80 Short title and commencement ................................................................................... 47
SCHEDULE 1 49

REGISTRATION OF MORTGAGES ON REGISTERED VESSELS 49
SCHEDULE 2 53

REGULATIONS RELATING TO REGISTRATION OF SMALL SHIPS 53
SCHEDULE 3 55

REGISTRATION OF FISHING VESSELS 55
Index Merchant Shipping Registration Act 1991


Page 6 AT 15 of 1991 c

SCHEDULE 4 57

REGULATIONS RELATING TO THE REGISTER OF SHIPS CHARTERED BY
DEMISE 57
SCHEDULE 4A 59

REGULATIONS RELATING TO THE REGISTER OF SHIPS UNDER
CONSTRUCTION 59
SCHEDULE 5 61

AMENDMENT OF ENACTMENTS 61
SCHEDULE 6 61

REPEALS 61
SCHEDULE 7 62

TRANSITIONAL AND SAVING PROVISIONS 62
ENDNOTES 65

TABLE OF LEGISLATION HISTORY 65
TABLE OF RENUMBERED PROVISIONS 65
TABLE OF ENDNOTE REFERENCES 65

Merchant Shipping Registration Act 1991 Section 1


c AT 15 of 1991 Page 7

c i e
MERCHANT SHIPPING REGISTRATION ACT 1991

Received Royal Assent: 9 July 1991
Passed: 9 July 1991
Commenced: 1 December 1991
AN ACT
to establish Manx registers of merchant ships, small ships and fishing
vessels; to repeal certain Acts of Parliament insofar as they extend to the Island
or to ships registered in the Island; and for connected purposes.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Criminal
Justice (Penalties, Etc.) Act 1993 s 1.
PART I – REGISTRATION OF MANX SHIPS

Preliminary
1 Manx ships

[P1988/12/2]
(1) A ship shall be a Manx ship for the purposes of this Act if —
(a) the ship is registered in the Island under this Part or Part II
or III; or
(b) the ship is a fishing vessel which is eligible to be registered under
Part III by virtue of regulations made under section 48, but —
(i) is excluded from registration under Part III by regulations
made under section 47, and
(ii) is not registered under the law of any country outside the
Island; or
(c) the ship is less than 24 metres in length and —
(i) is not a fishing vessel, and
(ii) is not registered in the Island under this Part or Part II or
under the law of any country outside the Island, but
Section 2 Merchant Shipping Registration Act 1991


Page 8 AT 15 of 1991 c

(iii) is wholly owned by one or more persons specified in
subsection (2).
(2) The persons referred to in subsection (1)(c)(iii) are persons who are —
(a) resident in the Island and are qualified to be the owners of Manx
ships by virtue of any of paragraphs (a) to (e) or (g) of
section 2(1); or
(b) qualified to be the owners of Manx ships by virtue of
paragraph (f) of that section.
2 Persons qualified to be owners of Manx ships

[P1988/12/3]
(1) For the purposes of this Part the following persons are persons qualified
to be owners of Manx ships —
(a) British citizens;
(b) British Dependent Territories citizens;
(c) British Overseas citizens;
(d) persons who under the British Nationality Act 1981 (an Act of
Parliament) are British subjects;
(e) persons who under the Hong Kong (British Nationality) Order
1986 are British Nationals (Overseas);
(f) bodies corporate incorporated in the Island or in any relevant
country and having their principal place of business in the Island
or in any such country; and
(ff) limited partnerships which have their principal place of business
in the Island or such relevant country as may be prescribed for the
purposes of this paragraph;1

(g) citizens of the Republic of Ireland and such other relevant
countries as may be prescribed under section 45 for the purposes
of this paragraph.
(2) References (however phrased) in any statutory provision to persons who
are, for the purposes of this Part qualified to be owners of Manx ships
shall be construed in accordance with subsection (1).
(3) Notwithstanding subsection (1), a person may nevertheless be one of the
owners of such a ship if —
(a) a majority interest in the ship (within the meaning of section 3) is
owned by persons who are qualified to be owners of Manx ships;
and
(b) the ship is registered, in accordance with the provisions of that
section, under this Part.
Merchant Shipping Registration Act 1991 Section 3


c AT 15 of 1991 Page 9

3 Entitlement to registration under this Part

[P1988/12/4]
(1) Subject to sections 6, 15 and regulations under this Act, this section has
effect for the purpose of determining whether a ship is entitled to be
registered under this Part.
(2) Subject to subsection (3), a ship shall be entitled to be registered if a
majority interest in the ship is owned by one or more persons qualified to
be owners of Manx ships by virtue of section 2(1).
(3) Where —
(a) a ship falling within subsection (2) is 24 metres or more in
length, and
(b) the person, or (as the case may be) each of the persons, by whom
the majority interest in the ship is owned is not resident in
the Island,
the ship shall only be entitled to be registered if a representative person
is appointed in relation to the ship.
(4) A ship shall not be entitled to be registered if —
(a) it is a fishing vessel; or
(b) it is registered under Part II.
(5) For the purposes of this section —
(a) one or more persons shall be treated as owning a majority interest
in a ship if there is vested in that person or in those persons, taken
together, the legal title to 33 or more of the 64 shares into which
the property in the ship is divided, for the purposes of
registration, in accordance with section 5 (there being left out of
account for this purpose any share in which any beneficial interest
is owned by a person who is not qualified to be an owner of a
Manx ship); and
(b) a body corporate shall be treated as resident in the Island if it is
incorporated in the Island and has its principal place of business
there; and
(c) a limited partnership shall be treated as resident in the Island if it
is registered under Part II of the Partnership Act 1909 and —
(i) has its principal place of business in the Island; or
(ii) has a general partner which is either a body corporate
which is incorporated in the Island or an individual who is
resident in the Island and which has its or his principal
place of business in the Island.2

Section 4 Merchant Shipping Registration Act 1991


Page 10 AT 15 of 1991 c

4 Representative persons

[P1988/12/5]
(1) Where the entitlement of any ship to be registered is, by virtue of any
provision of section 3, conditional on the appointment of a representative
person in relation to the ship, the owner of the ship shall —
(a) before applying for the ship to be registered, appoint an
individual or body corporate satisfying the prescribed
requirements to be the representative person in relation to the
ship, and
(b) secure that, so long as the ship remains registered, an individual
or body corporate satisfying those requirements is so appointed.
(2) For the purposes of subsection (1) the prescribed requirements are —
(a) that the representative person is either —
(i) an individual resident in the Island, or
(ii) a body corporate incorporated in the Island and having its
principal place of business there; and
(b) such other requirements as the Department may by regulations
specify.
(3) The Department may by regulations provide for, or require, such persons
or classes of persons as are specified in the regulations to be treated for
the purposes of this Part as the representative person for the time being
appointed in relation to the ship if such person is such an individual or
body corporate as is mentioned in subsection (2)(a)(i) or (ii).
(4) The owner of any ship in relation to which any representative person is
for the time being appointed shall —
(a) on applying for the ship to be registered, notify the Department of
the name and address of the representative person; and
(b) in the event of any change in the identity, or in the address, of the
representative person so appointed, notify the Department of the
name and address of the new representative person, or (as the
case may be) of the new address, as soon as practicable after the
change occurs;
and the Department shall record any particulars notified to it in
pursuance of this section in the register kept by it under this Part.
(5) Any person who contravenes subsection (1)(b) or (4)(b) shall be guilty of
an offence and shall be liable on summary conviction to a fine not
exceeding £5,000.
Merchant Shipping Registration Act 1991 Section 5


c AT 15 of 1991 Page 11

5 Register

[P1894/60/5]
(1) The Department shall keep a register (which may be in documentary or
non-documentary form) of ships (in this Part referred to as “the

register
”) for the ports of —
(a) Douglas;
(b) Ramsey;
(c) Peel; and
(d) Castletown,
and entries in the register shall be made in accordance with
subsections (2) to (8).
(2) The property in a ship shall be divided into 64 shares.
(3) Subject to subsections (5) to (7) and section 28(2), not more than 64
individuals shall be entitled to be registered at the same time as owners
of any one ship.
(4) Subsection (3) shall not affect the beneficial title of any number of
persons or of any company represented by or claiming under or through
any registered owner or joint owner.
(5) A person shall not be entitled to be registered as owner of a fractional
part of a share in a ship.
(6) Any number of persons not exceeding 5 may be registered as joint
owners of a ship or of any share or shares therein.
(7) Joint owners shall be considered as constituting one person only as
regards the persons entitled to be registered, and shall not be entitled
separately to dispose of their individual interests in a ship, or in any
share therein in respect of which they are registered.
(8) A corporation may be registered as owner by its corporate name.
(9) A limited partnership may be registered as owner by its partnership
name.3

(10) Subsection (3) shall not affect the title of any partners or other persons
represented by or claiming under or through any limited partnership
registered as owner or joint owner.4

(11) Subsection (6) shall not prevent the registration of a ship in the name of a
limited partnership where there are more than 5 members of that
partnership.5

(12) The members of a limited partnership shall be considered as constituting
one person only as regards the persons entitled to be registered, and
shall not be entitled separately to dispose of their individual interests in a
ship, or in any share therein in respect of which the limited partnership is
registered.6

Section 6 Merchant Shipping Registration Act 1991


Page 12 AT 15 of 1991 c

(13) Where a limited partnership is registered as the owner of a ship in
accordance with this Part, any reference to the owner in a statutory
provision relating directly or indirectly to merchant shipping, safety of
life at sea, masters and seamen, or pollution from ships shall be
construed as a reference to —
(a) the general partner; and
(b) where there are two or more general partners, to the general
partners jointly.7

6 Refusal of registration

(1) Notwithstanding that any ship in respect of which an application for
registration has been made is entitled to be registered, the Department
may refuse to register the ship if it is satisfied that —
(a) having regard —
(i) to the condition of the ship so far as relevant to its safety or
to any risk of pollution;
(ii) to the safety, health and welfare of persons employed or
engaged in any capacity on board the ship; or
(iii) to the interests of the Island or international merchant
shipping,
it would be inappropriate for the ship to be registered; or
(b) such conditions as are prescribed by regulations have not been
complied with; or
(c) the ship is of a class or description, the registration of which is
prohibited by regulations; or
(d) the name by which it is proposed to register the ship is, in the
opinion of the Department, undesirable.
(2) Every ship shall before registry be inspected by a person authorised by
the Department for the purpose of reporting to the Department in
relation to the matters referred to in subsection (1).
(3) Where the Department refuses to register a ship by virtue of this section,
it shall serve a notice on the applicant stating that registration is refused
because it is satisfied as mentioned in paragraph (a), (b), (c) or (d) of
subsection (1).
7 Survey and measurement of ship

[P1894/60/6]
Every ship shall before registry be surveyed and its tonnage ascertained in
accordance with tonnage regulations, and a certificate shall be issued specifying
the ship’s tonnage and build, and such other particulars descriptive of the
Merchant Shipping Registration Act 1991 Section 8


c AT 15 of 1991 Page 13

identity of the ship as may for the time being be required by the Department
and such certificate shall be delivered to the Department before registry.
8 Marking of ship

[P1894/60/7]
(1) Every ship shall before registry be marked permanently and
conspicuously to the satisfaction of the Department in accordance with
regulations.
(2) Any marks required under this section shall be permanently continued,
and no alteration shall be made to them except where permitted under
this Act.
(3) If any mark required under this section is so inaccurate as to be likely to
mislead, the owner of the ship shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding £5,000.
(4) Subject to subsection (2), if any person —
(a) being an owner or master of a registered ship, neglects to keep the
ship marked as required under this section; or
(b) conceals, removes, alters, defaces, or obliterates any such marks;
or
(c) causes or permits another to conceal, remove, alter, deface, or
obliterate any such marks,
that person shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding £5,000.
(5) On a certificate from a marine surveyor or an inspector that a ship is
insufficiently or inaccurately marked the ship may be detained until the
insufficiency or inaccuracy has been remedied.
9 Application for registry

[P1894/60/8]
An application for registry of a ship may be made by the persons specified in
regulations and shall be in such form as the Department requires.
10 Declaration of ownership on registry

[P1894/60/9 and 10]
(1) No person shall be entitled to be registered as owner of a ship or of a
share therein unless he, or in the case of a corporation or limited
partnership the person authorised by this Act to make declarations on
behalf of the corporation or limited partnership, has made and signed a
declaration of ownership in such form and containing such particulars as
the Department may require.8

Section 11 Merchant Shipping Registration Act 1991


Page 14 AT 15 of 1991 c

(2) On the first registry of a ship there shall be produced in addition to the
declaration of ownership such evidence as is specified in regulations.
11 Entry of particulars in register

[P1894/60/11]
As soon as the requirements of this Act preliminary to registry have been
complied with the Department shall enter in the register the prescribed
particulars respecting the ship.
12 Duty of owner of registered ship to secure termination of any overseas

registration

[P1988/12/9]
(1) Where a ship becomes registered at a time when it is already registered
under the law of any country outside the Island, the owner of the ship
shall take all reasonable steps to secure the termination of the ship’s
registration under the law of that country.
(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on summary conviction to a fine not exceeding £2,500.
13 Documents to be retained by the Department

[P1894/60/12]
On the registry of a ship the Department shall retain in its possession such
documents as may be prescribed.
14 Port of registry

[P1894/60/13]
The port at which a ship is registered for the time being shall be the port of
registry of the ship and the port to which it belongs.
15 Power of Department to remove ship from the register

[P1988/12/16]
(1) If for any reason it appears to the Department that a registered ship may
no longer be entitled to be registered, it may by notice served on —
(a) the owner of the ship, or
(b) any representative person for the time being appointed in relation
to the ship,
require that person to furnish it with such information as it thinks
necessary for the purpose of determining whether the ship is entitled to
be registered.
(2) Where the Department has served a notice under subsection (1) with
respect to any ship, then, unless it has become satisfied that the ship is
entitled to be registered, it shall, as soon as practicable after the end of
Merchant Shipping Registration Act 1991 Section 16


c AT 15 of 1991 Page 15

the period of 7 days beginning with the date of service of that notice,
serve a notice under subsection (4) on the owner or on any representative
person for the time being appointed in relation to the ship.9

(3) Where the Department is satisfied —
(a) that, having regard to the matters mentioned in paragraphs (a) to
(c) of section 6(1), it would be inappropriate for a registered ship
to continue to be registered;
(b) that any penalty imposed on the owner of a registered ship in
respect of a contravention of any statutory provision relating to
merchant shipping has remained unpaid for a period of more
than 3 months (and no appeal against the penalty is pending); or
(c) that any summons for any such contravention has been duly
served on the owner of a registered ship but the owner failed to
appear at the time and place appointed for the trial of the
information or complaint in question and a period of not less than
3 months has elapsed since that time; or
(d) that by virtue of section 26(3) it may treat a ship as no longer
entitled to be registered,
the Department may serve a notice under subsection (4) either on the
owner or on any representative person for the time being appointed in
relation to the ship.
(4) A notice under this subsection is a notice stating —
(a) that the Department is not satisfied that the ship in question is
entitled to be registered or (as the case may be) that it is satisfied
as mentioned in paragraph (a), (b), (c) or (d) of subsection (3); and
(b) that it intends, after the end of the period of 7 days beginning
with the date of service of the notice, to direct that the ship in
question should cease to be registered unless it is satisfied that it
would be inappropriate to do so by any representations made to it
by or on behalf of the owner within that period.10

(5) As soon as practicable after the end of that period the Department shall
accordingly terminate the ship’s registration unless it is satisfied that it
would be inappropriate to do so by any such representations.
(6) Where the registration of any ship has terminated by virtue of this
section, the Department may subsequently, if it is satisfied that it would
be appropriate to do so, restore the ship’s registration.
16 Offences relating to furnishing of information

[P1988/12/8]
Any person who —
(a) in purported compliance with the requirements of a notice under
section 15(1), or
Section 17 Merchant Shipping Registration Act 1991


Page 16 AT 15 of 1991 c

(b) in connection with the making of any representations in
pursuance of section 15(4)(b),
knowingly or recklessly furnishes information which is false in a
material particular shall be guilty of an offence and liable —
(i) on summary conviction, to a fine not exceeding £5,000;
(ii) on conviction on information, to a fine.
Certificate of registry
17 Certificate of registry

[P1894/60/14]
On completion of the registry of a ship, the Department shall grant a certificate
of registry comprising such of the particulars entered in the register as are
prescribed.
18 Custody of certificate

[P1894/60/15]
(1) The certificate of registry shall be used only for the lawful navigation of
the ship, and shall not be subject to detention by reason of any title, lien,
charge, or interest whatever had or claimed by any mortgagee, or other
person to, on, or in the ship.
(2) Any person, whether interested in the ship or not, who, without
reasonable excuse, refuses on request to deliver up the certificate of
registry when in his possession or under his control to —
(a) the person entitled to custody of the certificate for the purposes of
the lawful navigation of the ship;
(b) the Department or any person authorised by the Department;
(c) an officer of customs and excise;
(d) any other person entitled by law to require such delivery,
shall be guilty of an offence and shall be liable on summary conviction to
a fine not exceeding £2,500.
(3) If the person so refusing is outside the Island, or if he persists in not
delivering up the certificate, section 21 shall apply as if the certificate had
been lost.
19 Penalty for use of improper certificate

[P1894/60/16]
If the master or owner of a ship uses for its navigation a certificate of registry
which was not granted under this Act in respect of the ship, he shall, in respect
of each offence, be guilty of an offence and shall be liable on summary
Merchant Shipping Registration Act 1991 Section 20


c AT 15 of 1991 Page 17

conviction to a fine not exceeding £5,000 or to imprisonment for a term not
exceeding 6 months.
20 Power to grant new certificate

[P1894/60/17]
The Department may on the delivery up to it of the certificate of registry of a
ship, grant a new certificate in lieu thereof.
21 Provision for loss of certificate

[P1894/60/18]
In the event of the certificate of registry of a ship being mislaid, lost, or
destroyed, the Department shall grant a new certificate of registry in lieu of its
original certificate.
22 Endorsement of change of ownership on certificate

[P1894/60/20]
(1) Whenever a change occurs in the registered ownership of a ship, the
change of ownership shall be endorsed on the certificate of registry by
the Department.
(2) The master shall, for the purpose of such endorsement by the
Department, deliver the certificate of registry to the Department
forthwith after the change.
(3) If the master fails to deliver to the Department the certificate of registry
as required by this section he shall be guilty of an offence and liable on
summary conviction to a fine not exceeding £1,000.
22A Notification of change in general partner

(1) Where a limited partnership is registered as the owner of a ship in
accordance with this Part and —
(a) a new general partner is appointed; or
(b) a person ceases to be a general partner; or
(c) a change occurs in any of the particulars of the general partner,
the person who is the general partner immediately following the change,
or if there is more than one such general partner, all of them, shall
forthwith give notice of the change to the Department.
(2) If the general partner of partners fail, without reasonable cause, to
comply with subsection (1), he and they shall be guilty of an offence and
shall be liable on summary conviction to a fine not exceeding £1,000.11

Section 23 Merchant Shipping Registration Act 1991


Page 18 AT 15 of 1991 c

22B Members of limited partnerships

(1) The Department may by notice in writing require a general partner of a
limited partnership which is registered as the owner of a ship in
accordance with this Part to provide to it the names and addresses of all
the members of that limited partnership verified in a specified manner or
provided in a specified form.
(2) Any person who fails to provide any information required under
subsection (1) when required to do so by the Department is guilty of an
offence and shall be liable on summary conviction to a fine not exceeding
£2,500.
(3) Any person who, in purported compliance with a requirement under
subsection (1), provides information which he knows to be false in a
material particular or recklessly provides information which is false in a
material particular, is guilty of an offence.12

23 Delivery up of certificate of ship lost or ceasing to be Manx owned

[P1894/60/21]
(1) In the event of a registered ship —
(a) being either actually or constructively lost, burnt or broken up,
(b) ceasing to be entitled to be registered (whether because a majority
interest in the ship is no longer owned by persons qualified to be
owners of Manx ships or for any other reason), or
(c) becoming registered, otherwise than under this Part, in the Island,
every registered owner of the ship or any share in the ship shall,
immediately on obtaining knowledge of the event, if no notice thereof
has already been given to the Department, give notice thereof to the
Department, and it shall make an entry thereof in the register and the
registry of the ship shall terminate forthwith.
(2) Except where the ship’s certificate of registry is lost or destroyed, the
master of the ship shall, as soon as practicable after the event, deliver up
the certificate to the Department.
(3) If an owner or master fails, without reasonable cause, to comply with this
section, he shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding £1,000.
(4) The registry of a registered ship shall also terminate if —
(a) the owner of the ship gives notice to the Department that he
desires to terminate the ship’s registry, and
(b) the Department records the giving of that notice in the register.
(5) Where the registry of a ship terminates by reason of —
(a) any notice given under subsection (4), or
Merchant Shipping Registration Act 1991 Section 24


c AT 15 of 1991 Page 19

(b) any notice given by the Department under section 15;
subsections (2) and (3) shall have effect in relation to the delivering up
and forwarding of the ship’s certificate of registry as if the giving of that
notice or direction were the event referred to in subsection (2).
(6) Where the registry of a ship terminates —
(a) under subsection (1) or (4); or
(b) as mentioned in subsection (5)(b),
the termination of its registry shall not affect any entry made in the
register so far as relating to any undischarged registered mortgage, or
any existing certificate of mortgage, of that ship or of any share in it.
(7) Subsection (6) shall not apply to an entry in the register in a case where
the Department is satisfied that every person appearing on the register to
be interested as a mortgagee under the mortgage in question has
consented to the entry ceasing to have effect.
24 Provisional certificate for ship acquired out of Island

[P1894/60/22]
(1) Regulations under this Act may make provision —
(a) for ships acquired outside the Island which are eligible to be
registered under this Part to be provisionally registered as such
pending their registration in the register;
(b) for any such provisional registration to terminate in specified
circumstances (including failure to comply with requirements
imposed by or under the regulations).
(2) Provisional registration shall not be granted unless the Department is
satisfied that an application under section 9 for registry of the ship has
been made or is intended.
Transfers and transmissions
25 Transfer of ships or shares

[P1894/60/24]
(1) Any transfer of —
(a) a registered ship, or
(b) a share in such ship,
shall be effected by a bill of sale, unless the transfer will result in a
majority interest in the ship no longer being owned by persons qualified
to be owners of Manx ships.
Section 26 Merchant Shipping Registration Act 1991


Page 20 AT 15 of 1991 c

(2) The bill of sale shall be in such form and contain such information as
may be authorised by the Department and shall be executed by the
transferor in the presence of, and be attested by, a witness or witnesses.
26 Notification and declaration of transfer

[P1894/60/25]
(1) A person who ceases to be the owner of a registered ship or a share in
such a ship shall, within 21 days of the date on which he ceased to be the
owner, serve on the Department written particulars of such date and the
name and address of the new owner.
(2) Any person who fails to comply with subsection (1) shall be guilty of an
offence and shall be liable on summary conviction to a fine not exceeding
£2,500.
(3) Where —
(a) written particulars have been served on the Department in
accordance with subsection (1); and
(b) on the expiry of a period of 6 months beginning with the date
referred to in subsection (1), the transferee has not been entered in
the register as the owner of the ship or share,
the Department may treat the ship as no longer entitled to be registered.
(4) Where a registered ship or a share therein is transferred in accordance
with section 25(1), the transferee shall not be registered as owner of that
ship or share unless he, or, in the case of a corporation or limited
partnership, the person authorised by this Act to make declarations on
behalf of the corporation, has made and signed a declaration (in this Act
referred to as a “declaration of transfer
”) referring to the ship, in such
form and containing such particulars as the Department may require.13

27 Registry of transfer

[P1894/60/26]
(1) Every bill of sale for the transfer of a registered ship or of a share therein,
when duly executed, shall be produced to the Department, with the
declaration of transfer, and the Department shall thereupon enter in the
register the name of the transferee as owner of the ship or share, and
shall endorse on the bill of sale the fact of that entry having been made,
with the day and hour thereof.
(2) Bills of sale shall be registered in the order in which they are produced to
the Department for the purposes of registration.
Merchant Shipping Registration Act 1991 Section 28


c AT 15 of 1991 Page 21

28 Transmission of property in ship on death, bankruptcy, marriage etc

[P1894/60/27]
(1) Where the property in a registered ship or share therein is transmitted to
any person by any lawful means other than a transfer under section 25
and a majority interest in the ship remains in the ownership of persons
qualified to be owners of Manx ships, that person shall authenticate the
transmission by making and signing a declaration (in this Act referred to
as a “declaration of transmission
”) in such form, containing such
particulars and accompanied by such documents as the Department may
require identifying the ship.
(2) The Department, on receipt of the declaration of transmission, shall enter
in the register the name of the person entitled under the transmission as
owner of the ship or share the property in which has been transmitted,
and where there is more than one such person, shall enter the names of
all those persons, but those persons, however numerous, shall, for the
purpose of the provision of this Act with respect to the number of
persons entitled to be registered as owners, be considered as one person.
29 Order for sale on transmission to unqualified person

[P1894/60/28]
(1) Where the property in a registered ship or share therein is transmitted to
any person by any lawful means other than a transfer under section 25,
but as a result a majority interest in the ship no longer remains in the
ownership of persons qualified to be owners of Manx ships, then the
High Court may, on an application by or on behalf of that person, order a
sale of the property so transmitted and direct that the proceeds of sale,
after deducting the expenses of the sale, shall be paid to that person or
otherwise as the court direct.
(2) The Court may require any evidence in support of the application it
thinks requisite, and may make the order on any terms and conditions it
thinks just, or may refuse to make the order, and generally may act in the
case as the justice of the case requires.
(3) Every such application for sale must be made within 4 weeks after the
occurrence of the event on which the transmission has taken place, or
within such further time (not exceeding in the whole 1 year from the date
of the occurrence) as the Court allows.
(4) If such an application is not made within the time aforesaid, or if the
court refuse an order for sale, the ship or share transmitted shall
thereupon be subject to forfeiture under this Act.
Section 30 Merchant Shipping Registration Act 1991


Page 22 AT 15 of 1991 c

30 Transfer of ship on sale by order of court

[P1894/60/29]
(1) Where any court, whether under this Act or otherwise, orders the sale of
any ship or share therein, the order of the court shall contain a
declaration vesting in some person named by the court the right to
transfer that ship or share, and that person shall thereupon be entitled to
transfer the ship or share in the same manner and to the same extent as if
he were the registered owner thereof.
(2) The Department shall obey the requisition of a person so named in
respect of any transfer to the same extent as if such person were the
registered owner.
31 Power of court to prohibit transfer

[P1894/60/30]
(1) The High Court may, if it thinks fit (without prejudice to the exercise of
any other power of the court), on the application of any interested person
make an order prohibiting for a time specified any dealing with a ship or
any share therein.
(2) The Court may make the order on any terms or conditions it thinks just,
or may refuse to make the order, or may discharge the order when made,
with or without costs, and generally may act in the case as the justice of
the case requires.
(3) The Department without being made a party to the proceedings, shall on
being served with a certified copy of the order obey the same.
32 Mortgage of a ship or share

Schedule 1 (which makes provision with respect to the registration of
mortgages) shall have effect for the purposes of this Part.
33 Rules as to name of ship

[P1894/60/47]
(1) A ship shall not be described by any name other than that by which it is
for the time being registered.
(2) A change shall not be made in the name of a ship without the previous
written permission of the Department.
(3) Application for that permission shall be in writing, and if the
Department is of opinion that the application is reasonable it may
entertain it, and thereupon require notice thereof to be published in such
form and manner as it thinks fit.
Merchant Shipping Registration Act 1991 Section 34


c AT 15 of 1991 Page 23

(4) On permission being granted to change the name, the ship’s name shall
forthwith be altered in the register, in the ship’s certificate of registry,
and on its bows and stern.
(5) If it is shown to the satisfaction of the Department that the name of any
ship has been changed without its permission it shall direct that its name
be altered into that which it bore before the change, and on its bows and
stern accordingly.
(6) Where a ship having once been registered has ceased to be so registered
no person unless ignorant of the previous registry (proof whereof shall
lie on him) shall apply to register the ship, except by the name by which
it was previously registered, except where the Department has given its
written permission before such application is made.
(7) Where a foreign ship not having at any previous time been registered as
a Manx ship, becomes a Manx ship, no person shall apply to register, and
the Department shall not knowingly register, the ship, except by the
name which it bore as a foreign ship immediately before becoming a
Manx ship, except where the Department has given its written
permission before such application is made.
(8) If any person acts, or suffers any person under his control to act, in
contravention of this section, or omits to do, or suffers any person under
his control to omit to do, anything required by this section, he shall be
liable on summary conviction to a fine not exceeding £1,000, and (except
in the case of an application being made under the section with respect to
a foreign ship which not having at any previous time been registered as a
Manx ship has become a Manx ship) the ship may be detained until this
section is complied with.
Registry of alterations, registry anew and transfer of registry
34 Registry of alterations

[P1894/69/48]
(1) When a registered ship is so altered as not to correspond with the
particulars relating to its tonnage or description contained in the register,
then the Department shall, on application being made to it, and on
receipt of a certificate from a marine surveyor stating the particulars of
the alteration, either cause the alteration to be registered, or direct that
the ship be registered anew.
(2) If default is made in registering anew a ship, or in registering an
alteration of a ship so altered as aforesaid, the owner of the ship shall be
liable on summary conviction to a fine not exceeding £2,500 and in
addition, to a fine not exceeding £100 for every day during which the
offence continues after conviction.
Section 35 Merchant Shipping Registration Act 1991


Page 24 AT 15 of 1991 c

35 Regulations for registry of alteration

[P1894/60/49]
(1) For the purpose of the registry of an alteration in a ship, the ship’s
certificate of registry shall be produced to the Department, and the
Department shall, in its discretion, either retain the certificate of registry
and grant a new certificate of registry containing a description of the ship
as altered, or endorse and sign on the existing certificate a memorandum
of the alteration.
(2) The particulars of the alteration so made, and the fact of the new
certificate having been granted, or endorsement having been made, shall
be entered by the Department in the register.
36 Registry anew on change of ownership

[P1894/60/51]
Where the ownership of any ship is changed, the Department may, on the
application of the owners of the ship register the ship anew, although
registration anew is not required under this Act.
37 Procedure for registry anew

[P1894/60/52]
(1) Where a ship is to be registered anew, the Department shall proceed as in
the case of first registry, and on the delivery up to it of the existing
certificate of registry, and on the other requisites to registry, or in the
case of a change of ownership such of them as it thinks material, being
duly complied with, shall make such registry anew, and grant a
certificate thereof.
(2) When a ship is registered anew, its former register shall be considered as
closed, except so far as relates to any unsatisfied mortgage entered
thereon, but the names of all persons appearing on the former register to
be interested in the ship, as owners or mortgagees shall be entered on the
new register, and the registry anew shall not in any way affect the rights
of any of those persons.
38 Transfer of registry

(1) The Department may make such regulations as it thinks expedient for
the transfer of registry between ports in the Island or to or from a port in
the Island from or to a port in the United Kingdom or in a relevant
country on the application to the Department by all the persons
appearing on the register to be interested in the ship as owners or
mortgagees.
(2) Without prejudice to the generality of subsection (1), regulations may
include provisions —
Merchant Shipping Registration Act 1991 Section 39


c AT 15 of 1991 Page 25

(a) specifying circumstances in which a transfer under this section
may or may not be made;
(b) specifying conditions subject to which any such transfer may be
made;
(c) requiring the consent of specified persons before such a transfer
may be made;
(d) modifying this Part (except this section and sections 1 to 4) in its
application to such transfers.
(3) The transfer of registry under this section shall not in any way affect the
rights of any person having an interest in the ship, and those rights shall
in all respects continue in the same manner as if no such transfer had
been effected.
Trusts and equitable rights
39 Notice of trusts not received

[P1894/60/56]
No notice of any trust, express, implied, or constructive, shall be entered in the
register or be receivable by the Department, and subject to any rights and
powers appearing to the Department to be vested in any other person, the
registered owner of a ship or of a share therein shall have power absolutely to
dispose in manner in this Act provided of the ship or share, and to give effectual
receipts for any money paid or advanced by way of consideration.
40 Equities not excluded by Act

[P1894/60/57]
The expression “beneficial interest
”, where used in this Part, includes interests
arising under contract and other equitable interests; and the intention of this
Part is, that without prejudice to the provisions of this Part for preventing notice
of trusts from being entered in the register or received by the Department, and
without prejudice to the powers of disposition and of giving receipts conferred
by this Part on registered owners and mortgagees, and without prejudice to the
provisions of this Part relating to the exclusion of unqualified persons from the
ownership of Manx ships, interests arising under contract or other equitable
interests may be enforced by or against owners and mortgagees of ships in
respect of their interest therein in the same manner as in respect of any other
personal property.
Section 41 Merchant Shipping Registration Act 1991


Page 26 AT 15 of 1991 c

Liability of beneficial owner
41 Liability of owners

[P1894/60/58]
Where any person is beneficially interested, otherwise than by way of mortgage,
in any ship or share in a ship registered in the name of some other person as
owner, the person so interested shall, as well as the registered owner, be subject
to all pecuniary penalties imposed by this or any other Act on the owners of
ships or shares therein, so nevertheless that proceedings may be taken for the
enforcement of any such penalties against both or either of the aforesaid parties,
with or without joining the other of them.
Supplementary
42 Returns to be made by Department

[P1894/60/63]
The Department shall at such times as may be agreed with the Registrar-
General of Shipping and Seamen of the United Kingdom, transmit to him a full
return, in such form as may be agreed, of all registries, transfers, transmissions,
mortgages, and other dealings with ships which have been registered by or
communicated to it under this Part, and of the names of the persons concerned
in the same, and of such other particulars as may be agreed.
43 Tonnage once ascertained to be the tonnage of ship

[P1894/60/82]
Whenever the tonnage of any ship has been ascertained and registered in
accordance with the tonnage regulations, the same shall thenceforth be deemed
to be the tonnage of the ship, and shall be repeated in every subsequent registry
thereof, unless any alteration is made in the form of capacity of the ship, or
unless it is discovered that the tonnage of the ship has been erroneously
computed; and in either of those cases the ship shall be re-measured, and its
tonnage determined and registered according to the tonnage regulations.
44 Tonnage regulations

[P1965/47/1]
(1) The tonnage of any ship to be registered under this Part and Part III shall
be ascertained in accordance with regulations made by the Department.
(2) Regulations under this section —
(a) may make any provision of such regulations dependent on
compliance with such conditions, to be evidenced in such manner,
as may be specified in the regulations;
(b) may prohibit or restrict the carriage of goods or stores in spaces
not included in the registered tonnage of a ship and may provide
Merchant Shipping Registration Act 1991 Section 45


c AT 15 of 1991 Page 27

for making the master and the owner each liable to a fine not
exceeding £1,000 where such a prohibition or restriction is
contravened.
(3) Regulations under this section may make provision for assigning to a
ship, either instead of or as an alternative to the tonnage ascertained in
accordance with the other provisions of the regulations, a lower tonnage
applicable where the ship is not loaded to the full depth to which it can
be safely loaded, and for indicating on the ship, by such mark as may be
specified in the regulations, that such a lower tonnage has been assigned
to it and, where it has been assigned to it as an alternative, the depth to
which the ship may be loaded for the lower tonnage to be applicable.
(4) Regulations under this section may make provision for the alteration
(notwithstanding section 43) of the particulars relating to the registered
tonnage of a ship.
(5) Regulations under this section may provide for the issue of certificates of
the registered tonnage of any ship or of the tonnage which is to be taken
for any purpose specified in the regulations as the tonnage of a ship not
registered in the Island, and for the cancellation and delivery up of such
certificates in such circumstances as may be prescribed by the
regulations.
(6) Regulations under this section requiring the delivery up of any certificate
may make a failure to comply with the requirement an offence
punishable on summary conviction with a fine not exceeding £1,000.
45 Interpretation: Part I

(1) In this Part —
“limited partnership
” means —
(a) a partnership which is either —
(i) registered under Part II of the Partnership Act 1909, or
(ii) a partnership having similar incidents which is formed
under the law of such relevant country as may be
prescribed for the purposes of this paragraph; and
(b) the general partner of which is either —
(i) a body corporate which is incorporated in the Island or in
any country prescribed for the purposes of
paragraph (a)(ii) and has its principal place of business in
the Island or in any such country; or
(ii) an individual who is resident in the Island or in any
country prescribed for the purposes of paragraph (a)(ii);14

“general partner
” has the same meaning as in Part II of the Partnership Act 1909
in relation to a limited partnership registered under that Part and, in
Section 46 Merchant Shipping Registration Act 1991


Page 28 AT 15 of 1991 c

relation to any other limited partnership, means a partner who has
similar rights and obligations in relation to the partnership;15

“relevant country
” means —
(a) the United Kingdom;
(b) any of the Channel Islands;
(c) any colony of the United Kingdom;
(d) any Member state of the European Union or other state which is a
party to the European Economic Area Agreement;16

(e) such countries as the Department, after consulting the Secretary of
State, prescribes.17

(2) Without prejudice to section 26 of the Interpretation Act 1976, regulations
prescribing countries under subsection (1)(e) may prescribe such
countries for different purposes or different provisions of this Act.
PART II – SMALL SHIPS REGISTER

46 Separate register for small ships

(1) The Department may by regulations make provision —
(a) for the establishment and maintenance of a register (which may
be in documentary or non-documentary form); and
(b) for the registration in that register of ships of less than 24 metres
in length, being ships which —
(i) are owned wholly by persons who are, for the purposes of
Part I, qualified to be owners of Manx ships; and
(ii) are not fishing vessels.
(2) Subject to the exceptions mentioned in subsection (3), references
(however phrased) in any statutory provision to ships registered under
Part I or to the registered owners of such ships include a reference to
ships registered under this section or, as the case may be, to owners
registered under this section of such ships; and connected phrases shall
be interpreted accordingly.
(3) Those exceptions are —
(a) references in Part I and in this Part; and
(b) references in any statutory provision prescribed by regulations
under this section.
(4) Where an application for the registration under this section of a ship
registered under Part I is granted —
(a) the Department may, if the requirements of regulations under this
section as to the closure of registration under that Part are met,
Merchant Shipping Registration Act 1991 Section 47


c AT 15 of 1991 Page 29

close the registration of the ship under that Part by entering the
closure in the register; and
(b) the registration under this section shall not take effect unless the
registration under that Part is closed under paragraph (a) and, if it
is so closed, shall take effect at the time of closure.
(5) The registration of a ship under this section shall, if it is subsequently
registered under Part I, terminate by virtue of the subsequent
registration.
(6) Schedule 2 shall have effect for supplementing the provisions of this
section.
PART III – REGISTRATION OF FISHING VESSELS

47 Separate registration of fishing vessels

[P1988/12/13]
(1) The Department shall by regulations make provision —
(a) for the establishment and maintenance of a register (which may
be in documentary or non-documentary form) of Manx fishing
vessels; and
(b) for the registration in that register of fishing vessels which are,
under section 48, eligible to be registered as Manx fishing vessels.
(2) Schedule 3 shall have effect for the purpose of supplementing this
section.
48 Eligibility for registration as Manx fishing vessel

[P1988/12/14]
(1) Subject to subsections (2) and (3), a fishing vessel shall only be eligible to
be registered as a Manx fishing vessel if the requirements of regulations
under this section are satisfied.
(2) The Department shall by regulations specify requirements which must
be satisfied in order for a fishing vessel to be eligible to be registered as a
Manx fishing vessel, being requirements appearing to the Department to
be appropriate for securing that such a vessel and its owners and
operators have a genuine and substantial connection with the Island.
(3) Where, in the case of any fishing vessel, the Department is satisfied that
it would be appropriate to dispense with a requirement of regulations
under this section, the Department may determine that the requirement
should be so dispensed with; and, if it does so, the vessel shall, so long as
any such determination remains in force, be treated for the purposes of
this Part as eligible to be registered as a Manx fishing vessel.
Section 49 Merchant Shipping Registration Act 1991


Page 30 AT 15 of 1991 c

(4) For the purpose of determining whether a fishing vessel is eligible to be
registered as a Manx fishing vessel, the Department may, if it thinks fit,
appoint a person —
(a) to investigate the eligibility of the vessel to be so registered; and
(b) to make a report of his conclusions to the Department.
(5) Any person appointed under subsection (4) shall, for the purpose of
conducting the investigation, have the powers conferred on an inspector
by section 3 of the Merchant Shipping Act 1985 (other than paragraphs (d)
to (h) of subsection (2) of that section).
49 Grant or refusal of applications for registration of fishing vessels

[P1988/12/15]
(1) If, on an application for the registration of a fishing vessel made in
accordance with regulations under section 47, the Department
is satisfied —
(a) that the vessel is eligible to be registered as a Manx fishing vessel,
and
(b) that any relevant requirements of any such regulations have been
complied with in relation to the vessel,
it shall (subject to subsection (2)) cause the vessel to be registered as a
Manx fishing vessel.
(2) Notwithstanding that the Department is so satisfied, it may refuse any
such application if it is satisfied that there is not in force in respect of the
vessel any certificate required to be so in force by virtue of —
(a) section 4 of the Fishing Vessels (Safety Provisions) Act 1974
(prohibition on going to sea without appropriate certificates); or
(b) the Fishing Vessel (Safety of 15 – 24 Metre Vessels) Regulations
2002; or
(c) the Fishing Vessel (Code of Practice for the Safety of Small Fishing
Vessels) Regulations 2001.18

(3) If, on any such application, the Department is not satisfied as mentioned
in subsection (1), it shall refuse the application.
(4) Where the Department refuses an application under this section it shall
serve a notice on the applicant stating that the application is
refused because —
(a) it is not satisfied as mentioned in paragraph (a) or (b) of
subsection (1); or
(b) it is satisfied as mentioned in subsection (2).
Merchant Shipping Registration Act 1991 Section 50


c AT 15 of 1991 Page 31

50 Termination of registration where vessel is not eligible for registration

or is not certificated

[P1988/12/16]
(1) If for any reason it appears to the Department that a registered vessel
may no longer be eligible to be registered as a Manx fishing vessel, it
may by notice served on —
(a) the owner of the vessel, or
(b) any charterer, manager or operator of the vessel,
require that person, at such time or times as may be specified in the
notice, to produce to the Department such documents and information as
the Department thinks necessary for the purpose of determining whether
the vessel is eligible to be registered.
(2) In a case where the owner of a registered vessel is a company,
subsection (1) shall apply to any person holding any shares in the
company as it applies to the company.
(3) Where the Department has served a notice under subsection (1) with
respect to any vessel, then, unless it has become satisfied that the vessel
is eligible to be registered as a Manx fishing vessel —
(a) it shall, as soon as practicable after the end of the period of 30
days beginning with the date of service of that notice, serve a
notice under subsection (6) on the owner of the vessel, and
(b) the vessel’s registration shall terminate by virtue of this
subsection at the relevant time.
(4) Where it appears to the Department that there is not in force in respect of
any registered vessel any such certificate as is mentioned in section 49(2),
it may by notice served on the owner of the vessel require the vessel to be
presented for a survey under the fishing vessel survey rules , the Fishing
Vessel (Safety of 15 – 24 Metre Vessels) Regulations 2002 or the Fishing
Vessel (Code of Practice for the Safety of Small Fishing Vessels)
Regulations 2001 as is applicable to the size of the vessel within the
period of 30 days beginning with the date of service of the notice.19

(5) If the vessel is not presented for such a survey within that period —
(a) the Department shall serve a notice under subsection (6) on the
owner of the vessel, and
(b) the vessel’s registration shall terminate by virtue of this
subsection at the relevant time.
(6) A notice under this subsection is a notice stating —
(a) that the Department is not satisfied that the vessel in question is
eligible to be registered as a Manx fishing vessel, or
(b) that the vessel has not been presented for a survey as required by
a notice under subsection (4),
Section 51 Merchant Shipping Registration Act 1991


Page 32 AT 15 of 1991 c

as the case may be, and that the vessel’s registration will accordingly
terminate at the relevant time by virtue of subsection (3) or (5).
(7) In this section “the relevant time”, in relation to a notice under
subsection (6), means the end of the period of 14 days beginning with the
date of service of that notice.
51 Consequences of termination of registration by virtue of section 50

[P1988/12/17]
(1) Where the registration of any vessel has terminated by virtue of
section 50(3) or (5), then, without prejudice to the operation of any other
provision of this Part or of regulations under this Part, the vessel shall
not again be registered as a Manx fishing vessel unless —
(a) the Department is satisfied that the earlier failure of the vessel to
be eligible to be so registered or (as the case may be) to be
presented for a survey was due to inadvertence, and (in the latter
case) that the vessel has since been presented for a survey, or
(b) the Department consents to the vessel being so registered, or
(c) in the case of a vessel whose registration terminated by virtue of
section 50(3), the Department is satisfied that the vessel has been
disposed of by its former registered owner by means of a
transaction at arm’s length and that no person who for the time
being is a relevant owner of the vessel was a relevant owner of it
at the time when its registration terminated.
(2) In subsection (1)(a) “survey” means a survey under the fishing vessel
survey rules, the Fishing Vessel (Safety of 15 – 24 Metre Vessels)
Regulations 2002 or the Fishing Vessel (Code of Practice for the Safety of
Small Fishing Vessels) Regulations 2001 as is applicable to the size of the
vessel.20

(3) For the purposes of subsection (1)(c) a person is a relevant owner of a
vessel at any time if at that time —
(a) the legal title to the vessel or any share in it is vested in that
person, or
(b) the vessel or any share in it is beneficially owned by that person,
or
(c) any shares in a company falling within paragraph (a) or (b) are
legally or beneficially owned by that person,
whether vested in, or (as the case may be) owned by, that person alone or
together with any other person or persons.
52 Transfer of vessel or share by bill of sale

[P1988/12/19]
(1) Any transfer of —
Merchant Shipping Registration Act 1991 Section 52


c AT 15 of 1991 Page 33

(a) a registered vessel (not being a vessel registered in pursuance of
paragraph 2(c) of Schedule 3), or
(b) a share in any such vessel,
shall be effected by a bill of sale satisfying the requirements specified in
subsection (2), unless the transfer will result in the vessel ceasing to
satisfy regulations under section 48.
(2) Those requirements are that the bill of sale is in such form and contains
such information as may be required by the Department.
(3) Where any such vessel or share has been transferred in accordance with
subsection (1), the transferee shall not be registered as owner of the
vessel or share unless —
(a) he has made an application for the purpose in accordance with
regulations under section 47 and has produced to the Department
the bill of sale by which the vessel or share has been so
transferred, and
(b) the Department is satisfied as mentioned in section 49(1);
and section 49(2) and (3) shall apply in relation to an application under
this subsection as they apply in relation to an application for the
registration of a fishing vessel.
(4) If an application under subsection (3) is granted by the Department, the
Department shall —
(a) register the bill of sale referred to in paragraph (a) of that
subsection by causing the applicant’s name to be entered in the
register as owner of the vessel or share in question, and
(b) endorse on the bill of sale the fact that that entry has been made,
together with the date and time when it was made.
(5) Bills of sale shall be registered under subsection (4) in the order in which
they are produced to the Department for the purpose of registration.
(6) If on an application under subsection (3) the Department is not satisfied
that the vessel with respect to which the application is made is eligible to
be registered as a Manx fishing vessel —
(a) the Department shall serve a notice under subsection (7) on the
owner of the vessel; and
(b) the vessel’s registration shall terminate by virtue of this
subsection at the end of the period of 14 days beginning with the
date of service of that notice.
(7) A notice under this subsection is a notice stating —
(a) that the Department is not satisfied that the vessel in question is
eligible to be registered as a Manx fishing vessel; and
Section 53 Merchant Shipping Registration Act 1991


Page 34 AT 15 of 1991 c

(b) that the vessel’s registration will accordingly terminate by virtue
of subsection (6) at the end of the period referred to in that
subsection.
53 Transmission of property in vessel or share other than under section 52

[P1988/12/20]
(1) Where a registered vessel, or a share in a registered vessel, is transmitted
to any person by any lawful means other than by a transfer under
section 52, that person shall not be registered as owner of the vessel or
share unless —
(a) he has made an application for the purpose in accordance with
regulations under section 47 and has produced to the Department
such evidence of the transmission as may be prescribed; and
(b) the Department is satisfied as mentioned in section 49(1);
and section 49(2) and (3) shall apply in relation to an application under
this subsection as they apply in relation to an application for the
registration of a fishing vessel.
(2) If an application under subsection (1) is granted by the Department, it
shall cause the applicant’s name to be entered in the register as owner of
the vessel or share.
(3) The preceding provisions of this section shall apply in relation to the
transmission of the interest of a joint owner in a registered vessel or in a
share in any such vessel as they apply in relation to the transmission of
any such vessel or share, except that anything required to be done by
virtue of subsection (1)(a) shall be done by both or all of the joint owners
of the vessel or share.
(4) If on an application under subsection (1) the Department is not satisfied
that the vessel with respect to which the application is made is eligible to
be registered as a Manx fishing vessel —
(a) the Department shall serve a notice under subsection (5) on the
owner of the vessel; and
(b) the vessel’s registration shall terminate by virtue of this
subsection at the end of the period of 14 days beginning with the
date of service of that notice.
(5) A notice under this subsection is a notice stating —
(a) that the Department is not satisfied that the vessel in question is
eligible to be registered as a Manx fishing vessel; and
(b) that the vessel’s registration will accordingly terminate by virtue
of subsection (4) at the end of the period referred to in that
subsection.
Merchant Shipping Registration Act 1991 Section 54


c AT 15 of 1991 Page 35

54 Mortgages of registered vessels

[P1988/12/21]
(1) Schedule 1 (which makes provision with respect to the registration of
mortgages) shall have effect for the purposes of this part.
(2) Where the registration of any fishing vessel terminates by virtue of any
provision of this Act, the termination of that registration shall not affect
any entry made in the register under Schedule 1 so far as relating to any
undischarged registered mortgage of that vessel or of any share in it.
(3) In subsection (2) “registered mortgage” has the same meaning as in
Schedule 1.
55 Offences relating to, and liabilities of, unregistered fishing vessels

[P1988/12/22]
(1) Subject to subsection (5), if any prescribed marks are displayed on a
fishing vessel which is not a registered vessel, the skipper, the owner and
any charterer of the vessel shall each be guilty of an offence.
(2) If the skipper or owner of a fishing vessel which is not a registered vessel
does anything, or permits anything to be done, for the purpose of
causing the vessel to appear to be a registered vessel, then (subject to
subsection (5)) —
(a) the skipper, the owner and any charterer of the vessel shall each
be guilty of an offence; and
(b) the vessel shall be liable to forfeiture.
(3) Where a fishing vessel is not a Manx ship and is not registered under the
law of any country outside the Island, but —
(a) it is eligible to be registered under this Part, or
(b) it is wholly owned by one or more persons qualified to be owners
of Manx ships for the purposes of Part I; or
(c) (subject to subsection (5)) any prescribed marks are displayed on
it,
then (notwithstanding that the vessel is not entitled to any benefits,
privileges, advantages or protection usually enjoyed by a Manx ship) the
vessel shall, for the purposes mentioned in subsection (4), be dealt with
in the same manner in all respects as if the vessel were a Manx ship.
(4) Those purposes are —
(a) the payment of dues, fees or other charges;
(b) liability to fines and forfeiture; and
(c) the punishment of offences committed on board the vessel, or by
any persons belonging to it.
Section 56 Merchant Shipping Registration Act 1991


Page 36 AT 15 of 1991 c

(5) Where the registration of any vessel has terminated by virtue of any
provision of this Part, any prescribed marks displayed on the vessel
within the period of 14 days beginning with the date of termination of
that registration shall be disregarded for the purposes of subsections (1)
to (3).
(6) Subsections (1) and (2)(a) apply to offences falling within those
provisions wherever committed.
56 Notification of changes in ownership etc and offences relating to

furnishing of information

[P1988/12/23]
(1) If at any time there occurs, in relation to a registered vessel —
(a) any change affecting the eligibility of the vessel to be registered as
a Manx fishing vessel, or
(b) any change (not falling within paragraph (a)), in the beneficial
ownership of property in the vessel,
the owner of the vessel shall, as soon as practicable after the change
occurs, notify the Department in writing of that change.
(2) Any person who contravenes subsection (1) shall be guilty of an offence.
(3) Any person who —
(a) in connection with the registration of any vessel or the making of
any other entry in the register in pursuance of this Part, or
(b) in purported compliance with the requirements of any notice
under section 50(1),
knowingly or recklessly furnishes information which is false in a
material particular shall be guilty of an offence.
(4) Any person who intentionally alters, suppresses, conceals or destroys a
document which he has been required to produce by a notice under
section 50(1) shall be guilty of an offence.
57 Penalties for offences under section 55 or 56 and other provisions

relating to such offences

[P1988/12/24]
(1) Any person guilty of an offence under section 55 or 56 shall be liable —
(a) on summary conviction, to a fine not exceeding £5,000;
(b) on conviction on information, to imprisonment for a term not
exceeding 2 years or a fine, or both.
(2) Proceedings for an offence under section 55 or 56 shall not be instituted
except by or with the consent of the Attorney General.
Merchant Shipping Registration Act 1991 Section 58


c AT 15 of 1991 Page 37

(3) Proceedings for an offence under section 55 may be taken, and the
offence may for all incidental purposes be treated as having been
committed, in any place in the Island.
58 Application of other enactments etc

[P1988/12/25]
Any reference (however phrased) in any statutory provision not contained in
this Act to the registration of a fishing vessel under —
(a) Part I or IV of the Merchant Shipping Act 1894 (an Act of
Parliament);
(b) Section 373 of that Act;
(c) Part II of the Merchant Shipping Act 1988 (an Act of Parliament),
(as those Acts have effect in the Island); shall be construed as, or as
including, a reference to the registration of a fishing vessel under this
Part; and connected phrases shall be construed accordingly.
59 Interpretation etc of Part III

(1) In this Part —
“fishing vessel survey rules
” has the meaning given by section 2 of the Fishing
Vessels (Safety Provisions) Act 1974, and any reference to a survey under
the fishing vessel survey rules is a reference to such a survey carried out
in the Island;
“owner
”, in relation to a registered fishing vessel, means registered owner;
“the register
” means the register of Manx fishing vessels referred to in
section 47(1)(a);
“sea fish
” means fish of any description found in the sea and includes shellfish,
salmon and migratory trout;
“share
”, in relation to a fishing vessel, means one of the shares into which the
property in the vessel is divided, for the purposes of registration, in
accordance with section 5 as applied by subsection (5) of this section.
(2) A vessel for the time being used (or intended to be used) wholly for the
purpose of conveying persons wishing to fish for pleasure is not a fishing
vessel for the purposes of this Part.
(3) References in this Part to a fishing vessel being eligible to be registered as
a Manx fishing vessel shall be construed in accordance with section 48.
(4) For the purposes of this Part the beneficial ownership of a fishing vessel
shall be determined by reference to every beneficial interest in that
vessel, however arising (whether held by a trustee or nominee or arising
under a contract or otherwise), other than an interest held by any person
as mortgagee.
Section 60 Merchant Shipping Registration Act 1991


Page 38 AT 15 of 1991 c

(5) Sections 5(2) to (8) and 12 shall apply for the purposes of the registration
of a fishing vessel under this Part as they apply for registration of a ship
under Part I.
PART IV – REGISTER OF SHIPS CHARTERED BY DEMISE

60 Register of ships chartered by demise

(1) The Department may by regulations make provision for the
establishment and maintenance of a register (which may be in
documentary or non-documentary form) of ships which —
(a) are either —
(i) registered under the law of a country other than the Island
and are chartered by demise to a person qualified to be the
owner of a Manx ship for the purposes of Part I; or21

(ii) registered under Part I and are chartered by demise to a
person who is not so qualified; and
(b) are not fishing vessels; and
(c) are not less than 24 metres in length.
(2) In this section, “charter by demise” means the charter of a ship for a fixed
period of time under which the charterer —
(a) has possession of the ship; and
(b) has operational control of the ship; and
(c) has the power to appoint and dismiss the master and crew of the
ship; and
(d) is responsible to third parties as if he was the shipowner,
but has no right to sell or mortgage the ship.
(3) Schedule 4 shall have effect for supplementing the provisions of this
section.
PART IVA - REGISTER OF SHIPS UNDER CONSTRUCTION

60A Register of ships under construction

(1) The Department may by regulations make provision for the
establishment and maintenance of a register (which may be in
documentary or non-documentary form) of —
(a) ships which are under construction; and
(b) instruments making a ship under construction or a share in such a
ship a security for the repayment of a loan or the discharge of any
other obligation.
Merchant Shipping Registration Act 1991 Section 61


c AT 15 of 1991 Page 39

(2) Schedule 4A shall have effect for supplementing the provisions of this
section.22

PART V – NATIONAL CHARACTER AND FLAG

61 National character of ship to be declared before clearance

[P1894/60/68]
(1) An officer of customs and excise shall not grant clearance or transire for
any ship until the master of such ship has declared to that officer the
name of the nation to which he claims that it belongs, and that officer
shall thereupon inscribe that name on the clearance or transire.
(2) If a ship attempts to proceed to sea without such clearance or transire, it
may be detained until the declaration is made.
62 Penalty for unduly assuming Manx character

[P1894/60/69]
(1) If a person uses the national colours for Manx ships and assumes the
Manx national character on board any ship in which a majority interest is
not owned by persons qualified to be owners of Manx ships for the
purposes of Part I or which is not a fishing vessel registered under Part
III, for the purpose of making the ship appear to be a Manx ship, the ship
shall be subject to forfeiture under this Act, unless the assumption has
been made for the purpose of escaping capture by an enemy or by a
foreign ship of war in the exercise of some belligerent right.
(2) In any proceeding for enforcing any such forfeiture the burden of
proving a title to use the national colours for Manx ships and assume the
Manx national character shall lie upon the person using and assuming
the same.
63 Penalty for concealing Manx character of a ship

[P1894/60/70]
If the master or owner of a Manx ship does anything, or permits anything to be
done, for the purpose of —
(a) concealing the nationality of the ship from any person entitled
under the law of the Island to inquire into the nationality of the
ship, or
(b) deceiving such a person, or
(c) causing the ship to appear not to be a Manx ship,
the ship shall be subject to forfeiture under this Act; and the master and the
owner of the ship shall each be guilty of an offence and liable on summary
conviction to a fine not exceeding £5,000.
Section 64 Merchant Shipping Registration Act 1991


Page 40 AT 15 of 1991 c

64 Liabilities of unregistered ships

[P1894/60/72]
(1) Where a ship —
(a) is 24 metres or more in length, and
(b) is wholly owned by one or more persons specified in section 1(2),
but
(c) is neither registered under Part I, II or III nor registered under the
law of any country outside the Island,
then (notwithstanding that the ship is not entitled to any benefits,
privileges, advantages or protection usually enjoyed by a Manx ship) the
ship shall, for the purposes mentioned in subsection (2), be dealt with in
the same manner in all respects as if the ship were a Manx ship.
(2) Those purposes are —
(a) the payment of dues, fees or other charges;
(b) liability to fines and forfeiture; and
(c) the punishment of offences committed on board the ship, or by
any persons belonging to the ship.
(3) In this section “length”, in relation to a ship, has the same meaning as in
the tonnage regulations.
64A Declarations on behalf of limited partnerships

Declarations required by this Act may be made on behalf of a limited
partnership by a general partner.23

65 National colours for ships, and penalty on carrying improper colours

[P1894/60/73]
(1) The red ensign usually worn by merchant ships, without any defacement
or modification whatsoever, are the proper national colours for all Manx
ships or except where any ship is for the time being allowed to wear any
other national colours in pursuance of a warrant from Her Majesty or
from the Admiralty.
(2) If any distinctive national colours, except such red ensign or except the
Union Jack with a white border or if any colours usually worn by Her
Majesty’s ships or resembling those of Her Majesty, or if the pendant
usually carried by Her Majesty’s ships or any pendant resembling that
pendant, are or is hoisted on board any Manx ship without warrant from
Her Majesty or from the Admiralty, the master of the ship, or the owner
thereof, if on board the same and every other person hoisting the colours
or pendant, shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding £5,000.
Merchant Shipping Registration Act 1991 Section 66


c AT 15 of 1991 Page 41

(3) Any commissioned officer on full pay in the military or naval service of
Her Majesty, or any officer of customs in Her Majesty’s dominions, or
any British consular officer, may board any Manx ship on which any
colours or pendants are hoisted contrary to this Act, and seize and take
away the colours or pendant, and the colours or pendant shall be
forfeited to Her Majesty.
66 Penalty on ship not showing colours

[P1894/60/74]
(1) A ship registered under Part I, II or III shall hoist the proper national
colours —
(a) on a signal being made to it by one of Her Majesty’s ships
(including any vessel under the command of an officer of Her
Majesty’s navy on full pay), and
(b) on entering or leaving any foreign port, and
(c) if of 24 metres or more in length, on entering or leaving a port in
the Island.
(2) If default is made on board any such ship in complying with this section,
the master of the ship shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding £500.
67 Saving for Admiralty

[P1894/60/75]
The provisions of this Act with respect to colours worn by merchant ships shall
not affect any other power of the Admiralty in relation thereto.
PART VI – MISCELLANEOUS

Declarations and inspection of register
68 Power of Department to dispense with declarations and other evidence

[P1894/60/60]
When, under this Act, any person is required to make a declaration on behalf of
himself or of any corporation, or any evidence is required to be produced to the
Department and it is shown to the satisfaction of the Department that from any
reasonable cause that person is unable to make the declaration, or that the
evidence cannot be produced, the Department may, on the production of such
evidence and subject to such terms as it may think fit, dispense with the
declaration or evidence.
Section 69 Merchant Shipping Registration Act 1991


Page 42 AT 15 of 1991 c

69 Mode of making declarations

[P1894/60/61]
Declarations required by this Act may be made on behalf of a corporation by a
director, the secretary or any other officer of the corporation authorised by it for
the purpose.
70 Evidence of register, certificate of registry, and other documents

(1) A person, may, on application to the Department inspect any register
kept under this Act.
(2) The following documents shall be admissible in evidence in the manner
provided by this Act —
(a) a certificate of registry under this Act purporting to be signed on
behalf of the Department;
(b) an endorsement on a certificate of registry purporting to be signed
on behalf of the Department;
(c) every declaration made in pursuance of this Act.
(3) A person shall be entitled to obtain a copy, certified as a true copy on
behalf of the Department of any information contained in the register,
and any document purporting to be such a certified copy shall be
evidence of the matters stated in the document.
(4) A person shall be entitled to obtain a statement, certified on behalf of the
Department showing who is for the time being the owner of the ship.
71 Forms of documents and instructions as to registry

[P1984/60/65]
The Department is not obliged to receive and enter in the register any bill of
sale, mortgage, or other instrument of the disposal or transfer of any ship or
share, or any interest therein, which is made in any form other than that for the
time being required under this Act, or which contains any particulars other than
those contained in such form.
False declarations
72 False declarations

[P1894/60/67]
(1) If any person in the case of any declaration made under this Act, or in
any document or other evidence produced to the Department —
(i) intentionally makes, or assists in making, or causes to be made
any false statement concerning the title to or ownership of, or the
interest existing in any ship, or any share in a ship; or
Merchant Shipping Registration Act 1991 Section 73


c AT 15 of 1991 Page 43

(ii) produces or makes use of any declaration or document containing
any such false statement knowing the same to be false,
he shall be guilty of an offence and shall be liable —
(a) on conviction on information to imprisonment for a term
not exceeding 2 years or to a fine or to both;
(b) on summary conviction to imprisonment for a term not
exceeding 6 months or to a fine not exceeding £5,000 or to
both.
(2) If any person intentionally makes a false declaration of himself or of any
other person or of any corporation to own a Manx ship or any share
therein, or the entitlement of a ship to be registered, he shall be guilty of
an offence and shall be liable —
(a) on conviction on information to imprisonment for a term not
exceeding 2 years or to a fine or to both;
(b) on summary conviction to imprisonment for a term not exceeding
6 months or to a fine not exceeding £5,000 or to both,
and that ship or share shall be subject to forfeiture under this Act, to the
extent of the interest therein of the declarant, and also, unless it is proved
that the declaration was made without authority, of any person or
corporation on behalf of whom the declaration is made.
73 Proceedings on forfeiture of ship

[P1894/60/76]
(1) Where any ship has either wholly or as to any share therein become
subject to forfeiture under this Act —
(a) any person authorised by the Department for the purposes of this
section; or
(b) any commissioned officer on full pay in the military or naval
service of Her Majesty,
may seize and detain the ship and bring it for adjudication before the
High Court, and the Court may thereupon adjudge the ship with its
tackle, apparel, and furniture to be forfeited to Her Majesty in right of the
Island, and make such order in the case as to the Court seems just, and
may award to the officer or other person bringing in the ship for
adjudication such portion of the proceeds of the sale of the ship, or any
share therein, as the Court think fit.
(2) Any such officer or other person as is mentioned in subsection (1) of this
section shall not be responsible either civilly or criminally to any person
whomsoever in respect of any such seizure or detention as aforesaid,
notwithstanding that the ship has not been brought in for adjudication,
or if so brought in is declared not liable to forfeiture, if it is shown to the
satisfaction of the Court that there were reasonable grounds for such
Section 74 Merchant Shipping Registration Act 1991


Page 44 AT 15 of 1991 c

seizure or detention; but if no such grounds are shown the Court may
award costs and damages to any party aggrieved, and make such other
order in the premises as the Court thinks just.
(3) Where any ship or share has been adjudged forfeited under
subsection (1), the property in the ship or share therein shall be deemed
to vest in the Treasury subject to the terms of the order of the Court
under this section.
74 Detention of ships

(1) Where under any statutory provision a ship is to be or may be detained,
any commissioned officer on full pay in the naval or military service of
Her Majesty, or any officer of the Department, or any officer of customs
and excise may detain the ship, and if the ship after detention or after
service on the master of any notice of or order for detention proceeds to
sea before it is released by competent authority, the master of the ship,
and also the owner, and any person who sends the ship to sea, if that
owner or person is party or privy to the offence, shall be liable on
conviction on information to a fine or on summary conviction to a fine
not exceeding £50,000.
(2) Where a ship so proceeding to sea takes to sea when on board thereof in
the execution of his duty any officer authorised to detain the ship, or any
marine surveyor or officer of the Department or any officer of customs
and excise, the owner and master of the ship shall each be liable to pay
all expenses of and incidental to the officer or surveyor being so taken to
sea, and also on conviction on information to a fine or on summary
conviction to a fine not exceeding £5,000.
(3) Where under this Act a ship is to be detained, an officer of customs and
excise shall, and where under this Act a ship may be detained an officer
of customs and excise may, refuse to clear that ship outwards or to grant
a transire to that ship.
74A Service of documents

Any document required or authorised to be served for the purpose of the
institution of, or otherwise in connection with, any criminal or civil proceedings
shall, where the person to be served is the owner of a registered ship, be treated
as duly served on him if —
(a) delivered to —
(i) any representative person for the time being appointed in
relation to the ship; or
(ii) where a limited partnership is registered as the owner of
the ship in accordance with Part I, any general partner of
the partnership; or
Merchant Shipping Registration Act 1991 Section 75


c AT 15 of 1991 Page 45

(b) sent to any such person by post at the address notified (or, as the
case may be, last notified) to the Department in relation to that
person; or
(c) left for any such person at that address.24

75 Offences: supplementary provisions

(1) Where an offence under this Act committed by a body corporate is
proved to have been committed with the consent or connivance of, or to
be attributable to any neglect on the part of, any director, manager,
secretary or other similar officer of the body corporate, or any person
who was purporting to act in any such capacity, he, as well as the body
corporate, shall be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members,
subsection (1) shall apply in relation to the acts and defaults of a member
in connection with his functions of management as if he were a director
of the body corporate.
76 Public documents: Tynwald procedure

(1) The Department may make such regulations as it thinks necessary to
give full effect to this Act.
(1A) Without prejudice to the generality of subsection (1), regulations under
this Act may make provision with respect to any of the
following matters —
(a) the information and evidence (including declarations of
connection with the Island) to be provided in connection with
applications in relation to registration and such supplementary
information or evidence as may be required by the Department;
(b) the issue of certificates of registration, their production and
surrender;
(c) restricting and regulating the names of ships registered or to be
registered;
(d) the production to the Department of declarations of connection
with the Island or other information relating thereto, as respects
registered ships, at specified intervals or at its request;
(e) matters arising out of the expiration, suspension or termination of
registration (including the removal of marks and the cancellation
of certificates);
(f) inspection of the register.25

(1B) Regulations under this Act may —
Section 77 Merchant Shipping Registration Act 1991


Page 46 AT 15 of 1991 c

(a) make provision for the granting of exemptions or dispensations
by the Department from specified requirements of the regulations,
subject to such conditions (if any) as it thinks fit to impose; and
(b) make such transitional, incidental or supplementary provision as
appears to the Department to be necessary or expedient, including
provision authorising investigations and conferring powers of
inspection for verifying the connection with the Island of a ship.26

(2) [Repealed]27

(3) Regulations under this Act shall be laid before Tynwald as soon as is
practicable after they are made.
(4) If Tynwald at the sitting before which such regulations are so laid or at
the next following sitting fails to approve them, the regulations shall
cease to have effect.
77 Financial

(1) The expenses of the Department under this Act shall be paid out of
money provided by Tynwald.
(2) Subject to subsection (3), any money received by the Department under
this Act shall be paid into the General Revenue.
(3) The Department may by regulations provide exemptions from
subsection (2) in cases where fees under this Act fall to be paid to marine
surveyors who are not officers of the Department.
78 Interpretation

(1) In this Act —
“bankruptcy
” includes insolvency;
“country
” includes territory;
“court
” in relation to any proceeding includes any justice of the peace having
jurisdiction in the matter to which the proceeding relates;
“Department
” means the Department of Economic Development;28

“fishing vessel
” means a vessel for the time being used (or, in the context of an
application for registration under Part III, intended to be used) for or in
connection with fishing for sea fish, other than a vessel used (or intended
to be used) for fishing otherwise than for profit;
“marine surveyor
” means a surveyor appointed under section 2 of the Merchant
Shipping (Registration) Act 1984 or such persons or classes of person as
may be specified in regulations made by the Department;
“master
” includes every person (except a pilot) having a command or charge of
any ship;
Merchant Shipping Registration Act 1991 Section 79


c AT 15 of 1991 Page 47

“pilot
” means any person not belonging to a ship who has the conduct thereof;
“port
” includes place;
“prescribed
” means prescribed by regulations made by the Department;
“representation
” means a grant of probate or letters of administration;
“ship
” includes every description of vessel used in navigation not propelled by
oars;
“tonnage regulations
” means regulations under section 44;
“vessel
” includes any ship or boat, or any other vessel used in navigation.
(2) Any reference to failure to do any act or thing shall include a reference to
refusal to do that act or thing.
79 Amendments and repeals

(1) The enactments referred to in Schedule 5 are amended in accordance
with that Schedule.
(2) The enactments mentioned in Part I of Schedule 6 are repealed to the
extent specified in the third column of that Part.
(3) The Acts of Parliament mentioned in Part II of Schedule 6 are, insofar as
they extend to the Island or to ships registered in the Island, repealed to
the extent specified in the third column of that Part.
(4) The transitional and saving provisions in Schedule 7 shall have effect.
80 Short title and commencement

(1) This Act may be cited as the Merchant Shipping Registration Act 1991
and shall come into operation on such day or days as the Department
may by order appoint and different days may be so appointed for
different provisions and for different purposes.29

(2) An order under subsection (1) may include such transitional and saving
provisions as the Department considers to be expedient.
Merchant Shipping Registration Act 1991 Schedule 1


c AT 15 of 1991 Page 49

SCHEDULE 1

REGISTRATION OF MORTGAGES ON REGISTERED VESSELS

Sections 32 and 54
Interpretation
1. In this Schedule —
“mortgage
” shall be construed in accordance with paragraph 2(2);
“registered mortgage
” means a mortgage registered in pursuance of
paragraph 2(3); and
“registered vessel
” means —
(a) a ship registered under Part I; or
(b) a fishing vessel registered under Part III otherwise than in
pursuance of paragraph 2(c) of Schedule 3,
as the case requires.
Mortgages of registered vessels
2. (1) Any registered vessel or share in a registered vessel may be made a
security for the repayment of a loan or the discharge of any other obligation.
(2) The instrument creating any such security (referred to in this Schedule as
a mortgage) shall be in such form as is approved by the Department.
(3) Where a mortgage executed in accordance with sub-paragraph (2) is
produced to the Department, it shall —
(a) register the mortgage by causing it to be recorded in the register,
and
(b) endorse on it the fact that it has been recorded, together with the
date and time when it was recorded.
(4) Mortgages shall be registered under sub-paragraph (3) in the order in
which they are produced to the Department for the purposes of registration.
Priority of registered mortgages
3. Where two or more mortgages are registered in respect of the same vessel or
share, the priority of the mortgagees between themselves shall, subject to paragraph 4,
be determined by the order in which the mortgages were registered and not by
reference to any other matter.
Schedule 1
Merchant Shipping Registration Act 1991


Page 50 AT 15 of 1991 c

Notices by intending mortgagees of vessels
4. (1) Where any person who is an intending mortgagee under a proposed
mortgage of —
(a) a vessel, or
(b) a share in a registered vessel,
notifies the Department in writing of the interest which it is intended that he should
have under the proposed mortgage, the Department shall cause that interest to be
recorded in the register.
(2) Where any person who is an intending mortgagee under a proposed
mortgage of —
(a) a vessel which is not for the time being registered under Part I or
Part III, or
(b) a share in any such vessel,
notifies the Department in writing of the interest which it is intended that he should
have under the proposed mortgage and furnishes it with such particulars of that vessel
as may be prescribed, the Department —
(i) shall cause that interest to be recorded in the register, and
(ii) if the vessel is subsequently registered (otherwise than in
pursuance of paragraph 2(c) of Schedule 3), shall cause the
vessel to be registered subject to that interest or, if the
mortgage has by then been executed in accordance with
paragraph 2(2) and produced to the Department, subject to
that mortgage.
(3) In a case where —
(a) paragraph 3 operates to determine the priority between two or
more mortgagees, and
(b) any of those mortgagees gave a notification under sub-
paragraph (1) or (2) with respect to his mortgage,
paragraph 3 shall have effect in relation to that mortgage as if it had been registered at
the time when the relevant entry was made in the register under sub-paragraph (1) or
(2).
(4) Any notification given by a person under sub-paragraph (1) or (2) (and
anything done as a result of it) shall cease to have effect —
(a) if the notification is withdrawn, or
(b) at the end of the period of 30 days beginning with the date of the
notification, unless the notification is renewed in accordance with
sub-paragraph (5).
Merchant Shipping Registration Act 1991 Schedule 1


c AT 15 of 1991 Page 51

(5) The person by whom any such notification is given may renew or further
renew the notification, on each occasion for a period of 30 days, by notice in writing
given to the Department —
(a) before the end of the period mentioned in sub-paragraph (4)(b); or
(b) before the end of the current period of renewal,
as the case may be.
(6) Any notification or notice purporting to be given under this
paragraph (and anything done as a result of it) shall not have any effect if the
Department determines that it was not validly given.
Registered mortgagee’s power of sale
5. (1) Subject to sub-paragraph (2), every registered mortgagee shall have
power, if the mortgage money or any part of it is due, to sell the vessel or share in
respect of which he is registered, and to give effectual receipts for the purchase money.
(2) Where two or more mortgagees are registered in respect of the same
vessel or share, a subsequent mortgagee shall not, except under an order of a court of
competent jurisdiction, sell the vessel or share without the concurrence of every prior
mortgagee.
Transfer of registered mortgage
6. (1) A registered mortgage may be transferred by an instrument made in
such form as is approved by the Department.
(2) Where any such instrument is produced to the Department, it shall —
(a) cause the name of the transferee to be entered in the register as
mortgagee of the vessel or share in question, and
(b) endorse on the instrument the fact that that entry has been made,
together with the date and time when it was made.
Transmission of registered mortgage by operation of law
7. Where the interest of a mortgagee in a registered mortgage is transmitted to any
person by any lawful means other than by a transfer under paragraph 6, the
Department shall, on production of such evidence of the transmission as it may
require, cause the name of that person to be entered in the register as mortgagee of the
vessel or share in question.
Discharge of registered mortgage
8. Where a registered mortgage has been discharged, the Department shall, on
production of the mortgage deed with such evidence of the discharge of the mortgage
as it may require, cause an entry to be made in the register to the effect that the
mortgage has been discharged.
Schedule 1
Merchant Shipping Registration Act 1991


Page 52 AT 15 of 1991 c

8A. If for good reason the registered mortgage cannot be produced to the
Department, it may, on being satisfied that the mortgage has been properly
discharged, cause an entry to be made in the register to the effect that the
mortgage has been discharged.30

Transfer of mortgages from one system of registration to another
9. (1) The Department may by regulations provide —
(a) for the transfer to the register of undischarged mortgages that
have been registered under Part I and affect ships registered
under that Part which become vessels registered under
Part III; and
(b) for any provisions of Part I or III to have effect in relation to any
such mortgages subject to such modifications as may be specified
in the regulations.
(2) Regulations may also provide —
(a) for the transfer to registers kept under Part I of undischarged
registered mortgages affecting vessels registered under Part III
which become ships registered under Part I; and
(b) for any provisions of Part I to have effect in relation to any such
mortgages subject to such modifications as may be specified in the
regulations.
(3) Without prejudice to the generality of sub-paragraphs (1) and (2) —
(a) regulations made by virtue of sub-paragraph (1) may make
provision, in connection with the transfer of mortgages in
pursuance of that sub-paragraph, for the transmission of
information relating to such mortgages which is recorded in
registers kept under Part I, and for the recording of such
information in the register kept under Part III; and
(b) regulations made by virtue of sub-paragraph (2) may make
corresponding provision, in connection with the transfer of
mortgages in pursuance of that sub-paragraph, for the
transmission and recording of information relating to such
mortgages which is recorded in the register kept under Part III.
10. Where the registration of a ship terminates by virtue of any provision of this
Act, that termination shall not affect any entry in the register of any undischarged
registered mortgage of that ship or any share in it.31


Merchant Shipping Registration Act 1991 Schedule 2


c AT 15 of 1991 Page 53

SCHEDULE 2

REGULATIONS RELATING TO REGISTRATION OF SMALL

SHIPS

Section 46
1. In this Schedule —
“registered
” and “registration
” means registered under section 46 and
registration under that section respectively;
“regulations
” means regulations made under that section; and
“specified
” means specified in regulations.
2. Regulations may make provision —
(a) for the persons by whom and the manner in which applications in
connection with registration are to be made (including provision
limiting the persons who may apply for registration, whether by
reference to residence or place of business or otherwise);
(b) for the information and evidence to be provided in connection
with such applications and for such supplementary information
or evidence as may be required by any authority specified for the
purpose to be so provided;
(c) for the issue of certificates of registration, their production and
surrender;
(d) for the marking of registered ships;
(e) for the period for which any registration is to remain effective
without renewal;
(f) for the refusal of registration where the name of the ship
proposed to be registered appears to any authority specified for
the purpose to be undesirable;
(g) for the termination of registration in specified circumstances
(including failure to comply with requirements imposed by or
under regulations and circumstances in which any of the
requirements applicable to new registrations imposed by or under
section 46 are no longer met);
(h) for matters arising out of the expiration or termination of
registration (including the removal of marks and the cancellation
of certificates);
(i) for the inspection of ships registered or to be registered;
(j) for the discharge of functions under the regulations by persons
appointed by such organisations as may be authorised in that
behalf by the Department;
Schedule 2
Merchant Shipping Registration Act 1991


Page 54 AT 15 of 1991 c

(k) excluding from registration specified classes or descriptions of
ships; and
(l) for any other matters relating to the maintenance of a register of
small ships (including its inspection).
3. (1) Regulations may provide for the creation of offences and their
punishment on summary conviction in any of the following cases —
(a) where a person with intent to deceive uses, or lends to or allows
to be used by another, a certificate of registration which has
ceased to have effect;
(b) where a person for purposes of registration makes a statement
which he knows to be false in a material particular or recklessly
makes a statement which is false in a material particular;
(c) where a person required by regulations to ensure that any
requirement of the regulations as to the marking of a ship is met
fails to ensure that that requirement is met;
(d) where a person required by regulations to surrender a certificate
of registration fails without reasonable excuse to surrender the
certificate.
(2) Regulations providing for the creation of an offence under sub-
paragraph (1)(c) shall provide that it shall be a defence for a person charged with the
offence to prove that he took all reasonable precautions and exercised all due diligence
to avoid the commission of the offence.
(3) Regulations providing for the creation of an offence by virtue of sub-
paragraph (1)(a) or (b) shall provide for it to be punishable with a fine not exceeding
£2,500.
(4) Regulations providing for the creation of an offence by virtue of sub-
paragraph (1)(c) or (d) shall provide for it to be punishable with a fine not exceeding
£1,000.
4. Regulations may contain such supplemental and incidental provisions as
appear to the Department to be necessary or expedient.
5. Regulations may provide for their operation within territorial waters adjacent to
the Island.
6. No provision of this Schedule is to be taken to prejudice the generality of
section 46.

Merchant Shipping Registration Act 1991 Schedule 3


c AT 15 of 1991 Page 55

SCHEDULE 3

REGISTRATION OF FISHING VESSELS

Section 47
Interpretation
1. In this Schedule —
“declaration of Manx character
” means a declaration, in such form as may be
prescribed, relating to the eligibility of a fishing vessel to be registered as
a Manx fishing vessel;
“regulations
” means regulations made under section 47;
“relevant statutory provision
” means any provision of Part III or of regulations;
“specified
” means specified in regulations.
Regulations: general provisions
2. Regulations may make provision —
(a) for the persons by whom and the manner in which applications in
connection with registration are to be made (including provision
limiting the persons who may apply for registration, whether by
reference to residence or place of business or otherwise);
(b) for the information and evidence to be provided in connection
with such applications and for such supplementary information
or evidence as may be required by any authority specified in the
regulations for the purpose to be so provided, and for the
production, in connection with such applications, of declarations
of Manx character;
(c) for the registration of vessels as vessels to which the provisions of
Part III relating to transfers by bill of sale and the registration of
mortgages do not apply;
(d) for the issue of certificates of registration (including temporary
certificates), their production and surrender;
(e) for the marking of registered vessels;
(f) for the period for which the registration of a vessel is to remain
effective without renewal;
(g) for matters arising out of the expiration or termination of
registration (including the removal of marks and the cancellation
of certificates);
(h) for declarations of Manx character to be produced to the
Department, as respects registered vessels, at specified intervals
or at the request of the Department;
Schedule 3
Merchant Shipping Registration Act 1991


Page 56 AT 15 of 1991 c

(i) excluding from registration, or from any provision of the
regulations, any specified class or description of vessel;
(j) for the manner in which notices or other documents required or
authorised to be given or served by virtue of any relevant
statutory provision are to be given or served;
(k) for prescribing anything which is authorised to be prescribed
under Part III;
(l) for any of the provisions of Part I to have effect in relation to the
registration of fishing vessels subject to such modifications (if any)
as may be specified;
(m) for any other matters relating to the establishment and
maintenance of the register (including its inspection).
Provisional registration
3. (1) Regulations may make provision —
(a) for fishing vessels acquired outside the Island which are eligible
to be registered as Manx fishing vessels to be provisionally
registered as such pending their registration in the register;
(b) for any such provisional registration to terminate in specified
circumstances (including failure to comply with requirements
imposed by or under the regulations).
(2) Provisional registration shall not be granted unless the Department is
satisfied that an application for registry of the fishing vessel has been made in
accordance with regulations or is intended.
Offences
4. (1) Regulations may provide for the creation of offences and their
punishment on summary conviction in any of the following cases —
(a) where a person with intent to deceive, uses, or lends to or allows
to be used by another, a certificate of registration, whether in force
or not;
(b) where a person required by regulations to ensure that any
requirement of the regulations as to the marking of a fishing
vessel is satisfied fails to ensure that that requirement is satisfied;
(c) where a person required by regulations to surrender a certificate
of registration fails without reasonable excuse to surrender the
certificate.
(2) Any such regulations shall —
(a) in the case of an offence created by virtue of sub-paragraph (1)(a),
provide for the offence to be punishable with a fine not exceeding
£5,000; and
Merchant Shipping Registration Act 1991 Schedule 4


c AT 15 of 1991 Page 57

(b) in the case of an offence created by virtue of sub-paragraph (1)(b)
or (c), provide for it to be punishable with a fine not exceeding
£1,000.
(3) Regulations providing for the creation of an offence by virtue of sub-
paragraph (1)(b) shall provide that it shall be a defence for a person charged with the
offence to prove that he took all reasonable precautions and exercised all due diligence
to avoid the commission of the offence.
Operation of regulations in territorial waters
5. Regulations may provide for any of their provisions to extend to the territorial
sea of the Island.
Construction of references in other enactments to fishing vessels excluded from
registration
6. References in any statutory provision (apart from section 1(1)(b)) to fishing
vessels excluded from registration by regulations under section 47 shall be construed
as references to fishing vessels which, being eligible to be registered under Part III by
virtue of regulations under section 48, are excluded from registration by such
regulations (and are not registered under the law of any country outside the Island).
SCHEDULE 4

REGULATIONS RELATING TO THE REGISTER OF SHIPS

CHARTERED BY DEMISE

Section 60
1. In this Schedule —
“the Register
” means the Register established under section 60;
“regulations
” means regulations made under that section;
“specified
” means specified in regulations.
2. Regulations may make provision —
(a) for the persons by whom and the manner in which applications in
connection with the Register are to be made (including provision
limiting the persons who may make such applications);
(b) for the information and evidence to be provided in connection
with such applications and for such supplementary information
or evidence as may be required by any authority specified for the
purpose to be so provided;
(c) for the issue of certificates of entries in the Register, their
production and surrender;
Schedule 4
Merchant Shipping Registration Act 1991


Page 58 AT 15 of 1991 c

(d) for the marking of ships entered in the Register;
(e) for the period for which any entry in the Register is to remain
effective;
(f) for the refusal of applications where the name of the ship
proposed to be entered in the Register appears to the Department
to be undesirable;
(g) for the deletion of entries from the Register in specified
circumstances (including failure to comply with requirements
imposed by or under regulations and circumstances in which any
of the requirements imposed by or under section 60 are no longer
met);
(h) for matters arising out of the expiration or deletion of entries
(including the removal of marks and the cancellation of
certificates);
(i) for the inspection of ships entered or to be entered in the Register;
(j) for the discharge of functions under the regulations by persons
appointed by such organisations as may be authorised in that
behalf by the Department;
(k) excluding from entry in the Register specified classes or
descriptions of ships;
(l) for any statutory provision (including this Act but excluding this
Schedule and section 60) to have effect in relation to ships for the
time being entered in the Register subject to such modifications (if
any) as may be specified; and
(m) for any other matters relating to the maintenance of the Register
(including its inspection).
3. (1) Regulations may provide for the creation of offences and their
punishment on summary conviction in any of the following cases —
(a) where a person with intent to deceive uses, or lends to or allows
to be used by another, a certificate of an entry in the Register
which has ceased to have effect;
(b) where a person for any purposes in connection with the Register
makes a statement which he knows to be false in a material
particular or recklessly makes a statement which is false in a
material particular;
(c) where a person required by regulations to ensure that any
requirement of the regulations as to the marking of a ship is met
fails to ensure that that requirement is met;
(d) where a person required by regulations to surrender a certificate
of any entry in the Register fails without reasonable excuse to
surrender the certificate.
Merchant Shipping Registration Act 1991 Schedule 4A


c AT 15 of 1991 Page 59

(2) Regulations providing for the creation of an offence under sub-
paragraph (1)(c) shall provide that it shall be a defence for a person charged with the
offence to prove that he took all reasonable precautions and exercised all due diligence
to avoid the commission of the offence.
(3) Regulations providing for the creation of an offence by virtue of sub-
paragraph (1)(a) or (b) shall provide for it to be punishable with a fine not exceeding
£2,500.
(4) Regulations providing for the creation of an offence by virtue of sub-
paragraph (1)(c) or (d) shall provide for it to be punishable with a fine not exceeding
£1,000.
4. Regulations may contain such supplemental and incidental provisions as
appear to the Department to be necessary or expedient.
5. Regulations may provide for their operation within territorial waters adjacent to
the Island.
6. No provision of this Schedule is to be taken to prejudice the generality of
section 60.
SCHEDULE 4A

REGULATIONS RELATING TO THE REGISTER OF SHIPS

UNDER CONSTRUCTION
32

Section 60A
1. In this Schedule —
“mortgage
” means an instrument referred to in section 60A(1)(b);
“the Register
” means the register established under section 60A;
“regulations
” means regulations made under that section;
“specified
” means specified in regulations.
2. Regulations may make provision —
(a) for the persons by whom and the manner in which applications in
connection with the Register are to be made (including provisions
limiting the persons who may make such applications);
(b) for the information and evidence to be provided in connection
with such applications and for such supplementary information
or evidence as may be required by any authority specified for the
purpose to be so provided;
(c) for the issue of certificates of entries in the Register, their
production and surrender;
Schedule 4A
Merchant Shipping Registration Act 1991


Page 60 AT 15 of 1991 c

(d) for the identification of ships under construction entered in the
Register;
(e) for the period for which any entry in the Register is to remain
effective;
(f) for the refusal of applications where the application, applicant,
ship under construction or the circumstances or place of
construction do not or are unlikely to comply with specified
requirements imposed under regulations;
(g) for the termination of registration in specified circumstances
(including failure to comply with requirements imposed under
regulations);
(h) for matters arising out of the expiration or termination of
registration (including the removal of identification required by
regulations and the cancellation of certificates);
(i) for the inspection of ships under construction entered or to be
entered in the Register;
(j) for the discharge of functions under the regulations by persons
appointed by the Department;
(k) excluding from entry in the Register specified classes or
descriptions of ships under construction;
(l) for any statutory provision (including Parts I, V and VI of, and
Schedule 1 to, this Act) to have effect in relation to ships under
construction for the time being entered in the Register subject to
such modifications (if any) as may be specified;
(m) for the transfer of the registration (including the transfer of
registered mortgages) of ships under construction from the
Register to another register maintained under this Act when the
ship ceases to be a ship under construction and for the
continuation of registration on such cessation;
(n) for determining the circumstances in which a ship is to be treated
for the purposes of the Register as a ship under construction; and
(o) for any other matters relating to the maintenance of the Register
(including its inspection).
3. (1) Regulations may provide for the creation of offences and their
punishment on summary conviction in any of the following cases —
(a) where a person with intent to deceive uses, or lends to or allows
to be used by another, a certificate of an entry in the Register
which has ceased to have effect;
(b) where a person for any purpose in connection with the Register
makes a statement which that person knows to be false in a
material particular or recklessly makes a statement which is false
in a material particular;
Merchant Shipping Registration Act 1991 Schedule 5


c AT 15 of 1991 Page 61

(c) where a person required by regulations to ensure that any
requirement of the regulations as to the identification of a ship
under construction is met fails to ensure that the requirement is
met;
(d) where a person required by regulations to surrender a certificate
of any entry in the Register fails without reasonable excuse to
surrender the certificate.
(2) Regulations providing for the creation of an offence under sub-
paragraph (1)(c) shall provide that it shall be a defence for a person
charged with the offence to prove that he or she took all reasonable
precautions and exercised all due diligence to avoid the commission of
the offence.
(3) Regulations providing for the creation of an offence by virtue of sub-
paragraph (1)(a) or (b) shall provide for it to be punishable with a fine
not exceeding £2,500.
(4) Regulations providing for the creation of an offence by virtue of sub-
paragraph 1(c) or (d) shall provide for it to be punishable with a fine not
exceeding £1,000.
4. Regulations may contain such supplemental and incidental provisions as
appear to the Department to be necessary or expedient.
5. Regulations may provide for their operation in respect of ships under
construction in the Island or elsewhere.
6. No provision of this Schedule is to be taken to prejudice the generality of
section 60A.
SCHEDULE 5

AMENDMENT OF ENACTMENTS

Section 79(1)
[Sch 5 amends the following Acts —
Fishing Vessels (Safety Provisions) (Isle of Man) Act 1974 q.v.
Merchant Shipping (Masters and Seamen) Act 1979 q.v.
Merchant Shipping (Load Lines) Act 1981 q.v.
Merchant Shipping Act 1985 q.v.
Oil Pollution Act 1986 q.v.]
SCHEDULE 6

REPEALS

Schedule 7
Merchant Shipping Registration Act 1991


Page 62 AT 15 of 1991 c

Section 79(2) and (3)
[Part I repeals the following Acts in part —
Merchant Shipping (Detention of Ships) Act 1979
Merchant Shipping (Registration) Act 1984
Merchant Shipping Act 1985.
[Part II repeals the following Act in part —
Merchant Shipping Act 1894.]
SCHEDULE 7

TRANSITIONAL AND SAVING PROVISIONS

Section 79(4)
1. Any reference (however phrased) in any statutory provision to the registration
of a ship under —
(a) Part I of the Merchant Shipping Act 1894 (an Act of Parliament);
(b) the Merchant Shipping Act 1983 (an Act of Parliament),
shall be construed as a reference to the registration of a ship under the corresponding
provisions of this Act and connected phrases shall be construed accordingly.
2. Any vessel which was, immediately before the commencement of this Act,
registered in the Island or in a port in the Island under —
(a) the statutory provisions referred to in paragraph 1;
(b) Part II of the Merchant Shipping Act 1988 (an Act of Parliament),
shall be deemed to be registered under the corresponding provisions of this Act.
3. Any mortgage registered under a statutory provision referred to in
paragraph 1(a) or 2(b) shall be deemed to be registered under the corresponding
provision of this Act.
4. Any document made, issued or given for the purposes of any provision of the
statutory provisions referred to in paragraph 2 shall have the same effect as if they had
been made, issued or given under the corresponding provision of this Act.
5. Any register maintained in the Island under the statutory provisions referred to
in paragraph 2 shall be deemed to be a register maintained for the purposes of the
corresponding provision of this Act.
6. Any reference in any statutory provision to a British ship shall be construed in
accordance with section 2 of the said Act of 1988.
Merchant Shipping Registration Act 1991 Schedule 7


c AT 15 of 1991 Page 63

7. Any regulations made under the Merchant Shipping Act 1965 (an Act of
Parliament) which are in force immediately before the commencement of this Act and
which have effect in the Island shall be treated as if they had been made under this Act.
8. Where any provision of this Act re-enacts, with or without modification, any
Act of Parliament which, immediately before the commencement of the relevant
provision of this Act, had effect in the Island, section 16 of the Interpretation Act 1976
(effect of substituting provisions) shall apply in respect of that provision as it applies in
respect of any enactment which repeals and re-enacts another enactment.
9. Section 15 of the Interpretation Act 1976 shall apply to the repeal of the statutory
provisions specified in Part II of Schedule 6 as it applies to the repeal of an enactment.
Merchant Shipping Registration Act 1991 Endnotes


c AT 15 of 1991 Page 65

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Para (ff) inserted by Merchant Shipping Registration (Amendment) Act 1996 s 1. 2
Para (c) added by Merchant Shipping Registration (Amendment) Act 1996 s 1. 3
Subs (9) added by Merchant Shipping Registration (Amendment) Act 1996 s 1. 4
Subs (10) added by Merchant Shipping Registration (Amendment) Act 1996 s 1. 5
Subs (11) added by Merchant Shipping Registration (Amendment) Act 1996 s 1. 6
Subs (12) added by Merchant Shipping Registration (Amendment) Act 1996 s 1. 7
Subs (13) added by Merchant Shipping Registration (Amendment) Act 1996 s 1. 8
Subs (1) amended by Merchant Shipping Registration (Amendment) Act 1996 s 1. 9
Subs (2) amended by Merchant Shipping Registration (Amendment) Act 1996 s 3. 10
Para (b) amended by Merchant Shipping Registration (Amendment) Act 1996 s 3. 11
S 22A inserted by Merchant Shipping Registration (Amendment) Act 1996 s 1. 12
S 22B inserted by Merchant Shipping Registration (Amendment) Act 1996 s 1. 13
Subs (4) amended by Merchant Shipping Registration (Amendment) Act 1996 s 1. 14
Definition of “limited partnership” inserted by Merchant Shipping Registration
(Amendment) Act 1996 s 1. 15
Definition of “general partner” inserted by Merchant Shipping Registration
(Amendment) Act 1996 s 1. 16
Para (d) substituted by Merchant Shipping Registration (Amendment) Act 1996 s 4. 17
Para (e) amended by Merchant Shipping Registration (Amendment) Act 1996 s 4. 18
Subs (2) substituted by SD73/2006. 19
Subs (4) amended by SD73/2006. 20
Subs (2) amended by SD73/2006. 21
Subpara (i) amended by Merchant Shipping Registration (Amendment) Act 1996 s 5.
Endnotes Merchant Shipping Registration Act 1991


Page 66 AT 15 of 1991 c

22
S60A inserted by Merchant Shipping) Amendment) Act 2007 s 2(1) with effect from
1/11/2012. 23
S 64A inserted by Merchant Shipping Registration (Amendment) Act 1996 s 1. 24
S 74A inserted by Merchant Shipping Registration (Amendment) Act 1996 s 2. 25
Subs (1A) inserted by Merchant Shipping Registration (Amendment) Act 1996 s 6. 26
Subs (1B) inserted by Merchant Shipping Registration (Amendment) Act 1996 s 6. 27
Subs (2) repealed by Merchant Shipping (Miscellaneous Provisions) Act 1996 Sch 2. 28
Definition of “Department” substituted by SD155/10 Sch 2. 29
ADO (whole Act) 1/12/1991 (GC389/91). 30
Para 8A inserted by Merchant Shipping Registration (Amendment) Act 1996 s 7. 31
Para 10 added by Merchant Shipping Registration (Amendment) Act 1996 s 7. 32
Schedule 4A inserted by Merchant Shipping (Amendment) Act 2007 s 2(2) with effect
from 1/11/2012.