Merchant Shipping (Registration of Ships) Act 2014
|
Appeal process against refusal to register or removal of ship from Register | ||
|
22. (1) The Minister shall notify his or her intention to refuse to register a ship, to refuse to renew a ship registration or to remove a ship from the Register to the owner of the ship and, subject to subsection (6), give the owner the opportunity to make representations not later than 21 days after the date of the notice. | ||
(2) Any representations received under subsection (1) shall be considered by the Minister who may decide to proceed to refuse to register a ship, to refuse to renew a ship registration or to remove a ship from the Register as the case may be and the Minister shall notify the owner of the ship of the decision in writing. | ||
(3) The owner of the ship may, not later than 14 days after the date of the notification under subsection (2), appeal to the District Court against the decision of the Minister under subsection (2) and such an appeal shall be to the judge of the District Court within whose jurisdiction the owner of the ship ordinarily operates or proposes to operate a ship, or resides, as appropriate. | ||
(4) On the hearing of an appeal under subsection (3), the Court may either confirm the decision of the Minister or allow the appeal. If the appeal is allowed in relation to a decision to refuse to register a ship or to refuse to renew a ship registration, the Minister shall, upon notification to him or her by the Court, register the ship or renew the ship registration. If the appeal is allowed in relation to a decision to remove a ship from the Register, the Minister shall, upon notification to him or her by the Court, reinstate the ship on the Register. | ||
(5) The decision of the District Court on an appeal under subsection (3) is final except by leave of the Court, an appeal on a specified point of law lies to the High Court. | ||
(6) Subsections (1) to (5) in relation to representations and an appeal do not apply in relation to a decision of the Minister to refuse to register a ship, to refuse to renew a ship registration or to remove a ship from the Register in accordance with subsection (1)(a) or (b) or (2)(a) of section 21 . | ||
(7) Where a ship has been removed from the Register under subsection (2) or (3) of section 21 , the Minister shall make an entry in the Register stating the reason for the removal and, subject to subsection (12), shall issue a certificate of deletion in respect of the ship. | ||
(8) If the Minister removes a ship from the Register under subsection (2) or (3) of section 21 , the Minister shall notify the owner of the removal by sending a notification to the last known address of the registered owner and the representative person where applicable and request the return, not later than 28 days from the date of the request, of the certificate of registry for the ship in question. | ||
(9) A person who, without reasonable excuse, fails to comply with subsection (8) commits an offence and is liable on summary conviction to a class D fine. | ||
(10) Where a ship is removed from the Register under subsection (2) or (3) of section 21 or any regulation made under this Act, the removal of that ship from the Register shall not affect any entry made in the Register relating to any undischarged registered mortgage of that ship or any share in it which shall continue to be registered on the Register until the mortgage is discharged in accordance with section 62 . | ||
(11) Where the Minister has notified the owner of a ship of the removal from the Register as required under subsection (8), the Minister shall also notify any known mortgagee of that removal. | ||
(12) Where a ship with an undischarged registered mortgage is removed from the Register, a certificate of deletion shall not be issued in respect of that ship until the mortgage is discharged. | ||
(13) The Minister may issue directions in relation to procedures for consequential matters arising from the removal of a ship from the Register. |