Regulations, 2016

L.N. 210 of 2016

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping Act (Amendment of Various Articles)

Regulations, 2016

In exercise of the powers conferred by article 374(4) of the

Merchant Shipping Act, the Minister for Transport and Infrastructure

has made the following regulations:-

(1)

The title of these regulations is the Merchant Title and

Shipping Act (Amendment of Various Articles) Regulations, 2016 commencement.

and these regulations shall be read and construed as one with the

articles, hereby being amended, of the Merchant Shipping Act, Cap. 234.

hereinafter referred to as "the principal Act".

(2) These regulations shall come into force on the 1st July,

2016.

Sub-article (6) of article 3 of the principal Act shall be Amends article

3 of the

amended as follows

principal Act.

(a)

in paragraph (a) thereof the word "and" shall be

deleted; and

(b)

immediately after the words "the owners," in

paragraph (b) thereof there shall be added the word "and" and

immediately after paragraph (b) there shall be added the

following new paragraph

"(c) relating to a bill of sale in respect of a sale of

a ship under construction.".

Article 19 of the principal Act shall be amended as Amends article

19 of the

follows

principal Act.

(a)

in the proviso to sub-article (3) thereof the words

"the commencement of such period." shall be substituted by the

words "the commencement of such period:" and immediately

after there shall be added the following new proviso

"Provided further, that for ships of 500 gross

tonnage and over, if the certificate of registry is issued at

the expiry of the first twelve months, it may be valid for a

maximum period not exceeding five years.";

(b)

in sub-article (4) thereof the words "registry in the

prescribed form." shall be substituted by the words "registry in

the prescribed form:" and immediately after there shall be added

the following new proviso

"Provided that for ships of 500 gross tonnage and

over, all certificates of registry or the respective renewal

certificates of registry may be valid for a maximum period

of five years.".

Article 19A of the principal Act shall be substituted by the

following

"19A. Where a ship registered under this Part of this Act

is being operated under charter or is leased in any year in

respect of which the charterer or the lessee shall have paid to a

registrar an amount equal to the annual registration fee for that

year in addition to that paid by the owner, and such ship is not

bareboat charter registered in a foreign registry, the Registrar-

General, on submission of an application made by such

charterer or the lessee accompanied by a copy of the charter

agreement or the lease agreement and the consent in writing of

the owners of the ship and all registered mortgagees may,

subject to such conditions as he may deem proper, authorise the

issue of a certificate of registry, whether provisional or

otherwise, in the name of such charterer or lessee instead of in

the name of the registered owner. The copy of the charter or the

lease agreement presented with the application shall not be

available for public inspection.".

Immediately after article 19A of the principal Act there

shall be added the following new article 19B

At any time during the period of when a

"Certificate issued

in the name of the

certificate is issued in the name of the charterer or

charterer or lessee.

lessee, the registered owner and the registered

mortgagee may withdraw their consent for the

certificate to be issued in the name of the charterer or

the lessee and upon doing so, the certificate will cease

to have effect. The charterer or lessee shall forthwith

surrender the said certificate. The Registrar shall

inform/notify the owner and the mortgagee as the case

may be.".

6. In article 26B of the principal Act immediately after the

words "shall not proceed to sea" there shall be added the words

"unless authorized by the registrar for the purpose of sea trials.".

7. Sub-article (1) of article 27 of the principal Act shall be Amends article

27 of the

amended as follows

principal Act.

(a)

the word "or" in paragraph (c) thereof shall be

deleted;

(b)

the word "Act." in paragraph (d) thereof shall be

substituted by the word "Act; or" and immediately after there

shall be added the following new paragraph

"(e) on failure of payment of the relevant fees.".

8. In 28A of the principal Act immediately after the words Amends article

"unsatisfied mortgages entered therein" there shall be added the 28A

principal Act.

words "and where the ship is sold free from encumbrances, the

interest of any registered mortgagees or any other creditors shall pass

on to the proceeds of the sale of the ship.".

9. Immediately after sub-article (4) of article 32 of the Amends article

32 of the

principal Act, there shall be added the following new sub-article

principal Act.

"(5)

Where the ownership of a ship or share therein is

transferred following a merger or by operation of law, the

person to whom the ownership is transferred shall make and

sign a declaration indicating the manner in which and the person

to whom the property has been transferred to and such

declaration shall be accompanied by documentary evidence that

may be required by the registrar.".

10. (1)

Sub-article (1) of article 84H of the principal Act, Amends article

84H of the

shall be substituted by the following

principal Act.

"84H. (1) At the request of the charterer or his authorised

agent the registrar may extend and further extend the

registration for the remaining period of the charter or until the

expiry date of the underlying registry, whichever is the shorter

period, but in no case for periods exceeding two years at a time,

provided that the charterer has produced a transcript of the

underlying registry, the consent of the underlying registry, and

the consent of owners and mortgagees.".

11. In sub-article (8) of article 84N of the principal Act Amends article

immediately after the words "underlying registry, the owners" there 84N

principal Act.

shall be added the words ", the bareboat charterers".

12. In sub-article (1) of article 84Q of the principal Act Amends article

immediately after the words "registered under this Act" there shall be 84Q

principal Act.

added the words ", provided that with the consent of the Registrar

General, the registered owners and registered mortgagees, the name

of the ship may be changed in the foreign bareboat charter registry.".

€0.36