1. An application for registry of a Government ship in the service of the Federal Government shall be made in writing under the hand of the Chief Secretary of the Federation of Nigeria or other officer of the Federal Government nominated by the Governor-General, or by one of the Crown Agents for Oversea Governments and Administrations. Such application shall contain the following particulars:-

(i)A statement of the name and description of the ship.

(ii)A statement of the time when and place where the ship was built or, if the ship was foreign built and the time and place of building are unknown, a statement to that effect and of her foreign name.

(iii)A statement of the nature of the title to the said ship, whether by original construction by or for the Federal Government, or by purchase, capture, condemnation or otherwise, and a list of the documents of title, if any, in case she was not originally constructed by or for the Federal Government.

(iv)A statement of the name of the Master.

2. The Registrar, on receiving such application in respect of a Government ship in the service of the Federal Government, shall-

(i)enter the ship in the Register Book as belonging to "Her Majesty, represented by the Government of the Federation of Nigeria" and shall also enter therein:

(ii)the name of the port to which she belongs;

(iii)the particulars stated in the application for registration;

(iv)the details comprised in the Surveyor's Certificate.

3. On the registry of a Government ship in the service of the Federal Government the Registrar shall retain in his possession the Surveyor's Certificate and the application for registry and any documents of title mentioned in such application.

4. Upon the transfer of a registered Government ship in the service of the Federal Government by Bill of Sale, the Federal Government shall be the transferors, and the Bill of Sale shall be in Form A in the proper form prescribed under the Merchant Shipping Act, 1894, (hereinafter referred to as "the principal Act"), omitting the covenant therein contained. Any such Bill of Sale shall be signed by the Chief Secretary or other officer or Crown Agent as aforesaid on behalf of the Federal Government.

5. The application for a Certificate of Sale referred to in Sections 39 to 42 and Sections 44 to 46 of the principal Act may be made in respect of a Government ship in the service of the Federal Government by the Chief Secretary or other officer or Crown Agent as aforesaid on behalf of the Federal Government.

6. The person to whom the management of any Government ship in the service of the Federal Government is entrusted by the Federal Government shall be registered as provided by Section 59 (2) of the principal Act.

7. Where any provision of the Merchant Shipping Acts which by virtue of the Merchant Shipping Act, 1906, and this Order is applicable to Government ships in the service of the Federal Government imposes any duty or liability or confers any right or power or contemplates any act being performed by the owner of a ship such duty, liability, right or power shall, subject always to the other provisions of this Order, be carried out, borne, or exercised by the Federal Government on behalf of Her Majesty.

8. In this Order the term "Merchant Shipping Acts" shall mean and include any of the Merchant Shipping Acts any provision of which is by virtue of the Merchant Shipping Act, 1906, and this Order applicable to Government ships.

9. The following sections and provisions of the Merchant Shipping Acts shall not apply to Government ships in the service of the Federal Government registered in pursuance of this Order, namely:-

(i)The Merchant Shipping Act, 1894-Sections 1, 8 to 12.

(ii)The Merchant Shipping (Mercantile Marine Fund) Act, 1898-Sections 3 and 5.

Provided always that no provision of the Merchant Shipping Acts which, according to a reasonable construction, would not apply in the case of Government ships in the service of the Federal Government, shall be deemed to apply to such ships by reason only that its application is not hereby expressly excluded.

10. Anything required or authorised by this Order to be done by the Federal Government may be done by the Chief Secretary or other officer or Crown Agent as aforesaid.

11. The Interpretation Act, 1889, shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

12. This Order shall come into operation on the twenty-fourth day of May, 1957, and may be cited as the Merchant Shipping (Registration of Federation of Nigeria Government Ships) Order, 1957.

EXPLANATORY NOTE

This Order makes provision for the registration of Federation of Nigeria Government ships as British ships for the purposes of the Merchant Shipping Acts.