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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Merchant Shipping (Categorisation of Registries of Relevant British Possessions) Order 2003 No. 1248 URL: http://www.bailii.org/uk/legis/num_reg/2003/20031248.html |
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| Made | 8th May 2003 | ||
| Laid before Parliament | 20th May 2003 | ||
| Coming into force | 10th June 2003 |
and is on a voyage or excursion which is one for which the owner is not paid for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion, or
(b) any vessel which is wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family; and for the use of which any charges levied are paid into club funds and applied for the general use of the club;
and no payments other than those mentioned above are made by or on behalf of users of the vessel, other than by the owner, and in this definition, "immediate family" means, in relation to an individual, the husband or the wife of the individual, and a brother, sister, ancestor or lineal descendant of that individual or that individual's husband or wife;
Application
3.
This Order applies to the registration in relevant British possessions of ships other than small ships or fishing vessels.
Establishment of categories of registry
4.
- (1) For the purposes of section 18 of the Merchant Shipping Act 1995 (regulation of registration of ships in British possessions by reference to categories of registry) there are hereby established the categories of registry specified in column (2) of the table in the Schedule to this Order.
(2) Each category of registry shall be known by the designation specified in relation to it in column (1) of that table.
(3) Each relevant British possession specified in column (4) of that table is hereby assigned to the category specified in relation to that possession in column (2).
Restrictions on registration
5.
- (1) Subject to regulation 6, a ship to which this Order applies, and which is subject to a restriction on registration specified in column (3) of the table in the Schedule, shall not be registered under the law of any possession assigned to category 2.
(2) Paragraph (1) shall be without prejudice to the operation of any provision for the time being in force under the law of any such possession by virtue of which the registration of ships in that possession is, or may be, further restricted.
Exemptions from restrictions on registration
6.
- (1) In relation to a relevant British possession assigned to category 2, a ship is exempted from the restrictions on registration in column (3) of the table in the Schedule, in the following circumstances.
(2) The circumstances are that:
and
(b) there are in force arrangements between the Secretary of State and the Governor or the Lieutenant Governor, as the case may be, that any ship to which sub-paragraph (a) applies will be surveyed and inspected to the standards of regulations, relating to the safety of ships and persons on them and to the protection of health of persons on them and to the prevention of pollution, that would apply to the ship if it were registered in the United Kingdom, to the extent set out in the arrangements.
(3) For the purposes of this article, "international voyage" means a voyage from a port in a country or relevant British possession to a port outside that country or possession.
A. K. Galloway
Clerk of the Privy Council
| (1) | (2) | (3) | (4) |
| Designation of category | Category | Restrictions | Relevant British possessions |
| 1: Unlimited tonnage, type and length | Registry to which no restriction such as is mentioned in section 18(2)(a) of the Merchant Shipping Act 1995 applies |
Bermuda Cayman Islands Gibraltar Isle of Man |
|
| 2: Limited type and tonnage | Registry in which ships may be registered, subject to the restrictions specified in column (3) |
The following types of ships may not be registered:
(ii) pleasure vessels of more than 150 tons, and (iii) ships which are not passenger ships or pleasure vessels, but which are of more than 150 tons |
Anguilla British Virgin Islands Falkland Islands Guernsey Jersey Montserrat St. Helena Turks and Caicos Islands |
[2] S.I. 1992/1736, amended by 1996/280.back
[4] S.I. 1982/841, to which there are amendments not relevant to this Order in Council.back
| © Crown copyright 2003 | Prepared 20 May 2003 |
