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Procedure for application to register ship on Register and grant registration
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18. (1) An application for the registration of a ship shall be made to the Minister. The Minister may grant registration of a ship or refuse the application.
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(2) Where a ship that is owned by a qualified person is under construction, the Minister may grant registration (“provisional registration”) in respect of the ship while it is under construction to allow for the issue of relevant certificates and other documents, to the satisfaction of the Minister, under the Merchant Shipping Acts and the Sea Pollution Acts, to the ship.
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(3) (a) Where a ship that is owned by a qualified person is without certification or a licence required under law, the Minister may grant registration (“non-operative registration”) in respect of the ship to allow for the certification or licensing of the ship.
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(b) Non-operative registration under paragraph (a) may be granted at any time when a ship is without certification or a licence required under law.
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(4) (a) Subject to paragraph (b), an application for registration of a ship shall be made by the owner of a ship, or by his or her agent.
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(b) The authority of an agent shall be authenticated—
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(i) if appointed by the owner, by writing, or
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(ii) if appointed by a body corporate, under the seal of the body corporate.
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(c) In this subsection “agent” includes a representative person.
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(5) The Minister may make regulations to prescribe the procedures, information, declarations and documentation requirements for making an application for registration.
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(6) Without prejudice to the generality of subsection (5), regulations under that subsection may include but are not limited to the following:
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(a) registration procedures, including required application documentation and information;
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(b) evidence of ownership of a ship;
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(c) proof of identity (including by way of an electronic signature) of the applicant;
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(d) proof of eligibility of the applicant to register a ship;
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(e) proof of identity as a qualified person;
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(f) ship manager details, and information regarding representative persons, where applicable;
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(g) production of a builder’s certificate where applicable;
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(h) production of a certificate of deletion where applicable;
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(i) proof of name of ship;
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(j) mortgage information;
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(k) registration procedures following provisional registration under subsection (2) and non-operative registration under subsection (3);
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(l) demonstration of compliance with requirements of any applicable conventions, the Merchant Shipping Acts and the Sea Pollution Acts, including with regard to holding certification and other documentation in their required form.
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(7) The Minister may determine the form and manner of applications for registration and the method by which such applications are made which may include applications being made to a central location or electronically online.
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(8) An application for registration shall be deemed to have been made when it fully complies with any regulations or determinations made by the Minister under this section, including the receipt of the prescribed application fee by the Minister.
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(9) The application for registration of a ship on the Register shall be made on an approved form.
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(10) The Minister may apply conditions to the grant or renewal of registration of a ship, including in relation to compliance by the applicant or the ship at all times when operating with specified registration requirements and requirements of the Merchant Shipping Acts and Sea Pollution Acts.
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(11) In this section “builder’s certificate” means the certificate issued by the builder of a ship, being an individual or a company, and containing a true account of the proper denomination and of the tonnage or measurement of the ship, as estimated by the builder, and of the time when and the place where the ship was built, and of the name of the person (if any) on whose account the ship was built.
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