Merchant Shipping (Registration of Ships) Regulations, 2011 (S.I. No. 52 of 2011)

ANTIGUA AND BARBUDA THE MERCHANT SHIPPING (REGISTRATION OF SHIPS) REGULA TI ONS, 2011 STATUTORY INSTRUMENT 800-08.11 2011, No. 55 [Published in the Oj}!Cial Gazette VoL¥XXJ No, 43 dated 18th August. 2011) Printed at the Government Printing Office, Antigua and Barbuda, by Paget Terry, Acting Government Printer By Authority, 2011. [Price $17.65] The Merchant Shipping (Registration of Ships) Regulations, 201 1 2 2011, No. 55 2011, No. 55 3 The Merchant Shipping (Registration of Ships) Regulation, 201 I THE MERCHANT SHIPPING (REGISTRATION OF SHIPS) REGULA TI ONS, 2011 I. Short title. 2. Interpretation. ARRANCEMENT OF RECULA TIONS PART I-General PART II - THE REGISTER OF ANTIGUA AND BARBUDA SHIPS 3. The Register PART III- REGISTRATION 4. Form of application 5. Applications by bodies corporate 6. Evidence of title on registration 7. Allocation of official number 8. Marking 9. Inspection of marks 10. Verification of measurement and carving and marking 11. Cancellation of carving and marking note 12 Registration, refusal ofregistration and entries in register and certificate of registry 13 Registration prior to marking of a ship 14. Issue of certificate of registry and documents to be retained by the Registrar of Shipping 15. Evidence of title on transmission of a registered ship 16. Declaration of qualification on transfer or transmission 17. Refusal of registration on transfer or transmission 18. Notification of changes of ownership etc. 19. Transfer or transmission of a registered ship or share 20. Changes in registered particulars of ship 21. Change of name PART IV - MORTGAGES 22. Form of mortgage 23. Notice by intending mortgagees: priority notices 24. Evidence oftramfor or transmission of mortgage PART V- CHARTERED BAREBOAT REGISTRATION 25. Applications for registration 26, Names 27. Allocation of identifying number 28. Marking 29. Inspection of marks etc. 30. Registration The }vferchant Shipping (Registration of Ships) Regulations.2011 31. Notice of changes 32. Application of other regulations to this Part 33. Notice to foreign registries by Registrar of Shipping 34. Tennination of chartered bareboat registration 4 PART VI- MISCELLANEOUS 2011. No. 55 35. Documents in other languages to be accompanied by English translation and witnessing of documents 36. Dispensing with declarations 37. Requirement for supplementary information 38. Fees 39. Dispensing with production of certificate 40. Issue of certificate of deletion and removal of marks on tennination of registration PART VII-OFFENCES 41. Offences PART VIII-TRANSITIONAL PROVISIONS 42. Interpretation 43. Validity of existing certificates 44. Registered details SCHEDULES First Schedule Approval of Names Second Schedule Carvmg and Marking Third Schedule Details to be entered in register Fourth Schedule Details to be entered in Certificate of Registry rifth Schedule Application, ascertainrnent uf To1mage and CerlificaLiuu for ships of kss than 24 metres in length. 2011, No. 55 5 The Merchant Shipping (Registration of Ships) Regulation, 2011 ANTIGUA AND BARBUDA THE MERCHANT SHIPPING (REGISTRATION OF SHIPS) REGULATIONS, 2011 2011, No. 52 THE MERCHANT SHIPPING (REGISTRATION OF SHIPS) REGULATIONS MADE, IN EXERCISE OF THE POWERS CONTAINED IN SECTION 7 OF THE ANTIGUA AND BARBUDA MERCHANT SHIPPING ACT, 2006 PART I - GENERAL l. Short Title These Regulations may be cited as the Merchant Shipping (Registration of Ships) Regulations, 201 L 2. Interpretation In these Regulations, unless the context otherwise requires "the Act" means the Antigua and Barbuda Merchant Shipping Act 20061; "application for registration" includes, application for registration of a ship or share in a ship; and application for the registration of a transfer or transmission of a ship or a share in a ship; but excludes application for the renewal of registration; "appropriate attestation" means attestation in a form approved by the Director; "authorized measurer" means the Director or any person authorized to carry out the measurement of ships for the purposes of these Regulations; "builder" in respect of a ship under construction means the actual owner at the time of registration or the person who executes a builder's mortgage; "builder's certificate" means (a) in respect ofa new ship, a certificate signed by the builder of the ship and containing a uue ai.:1,;uw1l uf the prnper denomination antl of the tonnage of the ship, as estimated by him, and of the date and place where it was built, and of the name of the person, if any, fur whom the ship was built, or the name of the person to whom it was delivered; and (b) in respect of a ship under construction, a certificate signed by the builder setting out the description of the ship, the name and address of the builder and any other particulars as may be required by the Director; 1 Amended by the Antigua and Barbuda Merchant Shipping (Amendment) Acts of 2006 and 2007. The Merchant Shipping ( Registration of Ships) Regulations, 2011 6 "builder's mortgage" means a mortgage in respect of a ship under construction; 201 l, No. 55 "certificate of registry" means a certificate of registration issued to a ship which is registered under the Act and includes a certificate of bareboat charter registry unless the context otherwise requires; "certificate of chartered bareboat registry" means a certificate of registration issued to a ship which is registered under section 2 7 of the Act; "Certifying Authority" means the Director or any person authorised by the Director for the purposes of these Regulations to measure tonnage; "Chartered bareboat" means a ship registered under section 27 of the Act; ''classification society" means a person authorised to act as a Certifying Authority for the purposes of any regulations relating tu tonnage measurement made under the Act; "'closure transcript" means a certified extract from the register showing that the entry in the register in respect of a ship has been closed, the date of its closure, and the details about the ship and its ownership at the time of closure; "commercial vessel'' means a vessel which is not a fishing vessel or a pleasure yacht; '\kclarntiu11 of uwnersliip arnl eligibility" mean:, a dedaraliun which cumplic~ with the provisions of section 20 of the Act; "freeze" means to prevent an entry (which includes a deletion of an entry) being mane in the register; "identifying number" means the unique identifying number allocated to a chartered bareboat on its registration on the primary register or. in the absence of such a number, the number allocated under regulation 28; "inspector of marks'' means an authorized measurer or any person authorized by the Director to verify the carving and marking of a ship under these Regulations; "length" has the meaning given in any regulations relating to tonnage measurement made under the Act; "official number" means the number allocated to the ship in accordance with regulation 7; "overall length" has the meaning given in any regulations relating to tonnage measurement made 11rnier thf' Ad; "owner" means, in relation to a ship or share in a ship, the person owning the ship, or as the case may be, a share in the ship, whether or not registered as owner; "pleasure yacht" has the meaning given in section 2 of the Act; "primary register" means the register on which the ship is registered at the time an application is made to register the ship as a chartered harehoat, and "primary registration" "'-hall be construed accordingly; 2011, No. 55 7 The Merchant Shipping (Registration o.f' Ships} Regulation, 20 I I "the Register" means the Register of Antigua and Barbuda ships for the purposes of section 13 of the Act; "thc Rcgistrar" means the Registrar of Ships appointed under section 9 of the Act; "Registrar of Companies" has the meaning given to it in the Companies Act 1995, No. 18 of 1995; "ship" has the meaning given to it in section 2 of the Act, and whenever the context requires, includes a ship under construction; "submersible vessel" means any vessel used or designed to be used under the surface of any waters; "surveyor of ships" has the meaning given in section 257 of the Act; and ''transfer of a ship" includes, transfer of a share in a ship. PART II -THE REGISTER OF ANTIGUA AND BARBUDA SHIPS 3. The Register (I) The Register maintained by the Registrar of Shipping pursuant to section 13 of the Act shall be divided into the following Parts: (a) Part A an international ships register; (h) P::irt R R regii:ter for yachti: of any length; (c) Part C a local register. (2) Each part of the register shall distinguish between ships under construction, chartered bareboats and other ships. All or any part could also be required to distinguish between commercial ships and others, or between pleasure yachts and others. (3) No ship shall be registered under more than one Part at any one time. (4) The register may consist of both paper and computerised records and such other records as the Director may co111:ider to be e,cpeilient. (5) Every person is entitled on application to the Registrar of Shipping, to obtain a transcript, certified by an officer authorised by the Registrar, of the entries in the register. (6) The Registrar of Shipping may amend the register where (a) a clerical error has occurred; or (b) sufficient evidence is produced to satisfy him that the entry is incorrect, and on making the amendment he shall issue a new certificate of registry if necessary. The Merchant Shipping (Registration ol Ships) Regulations, 201 I 8 2011, No. 55 (7) The Director may establish procedures in relation to registrations under these Regulations, including entries in the register. (8) Pleasure yachts engaged in trade must comply with the Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations, 201 I (9) For a ship under construction. evidence of a build contract, or similar notification, is to be submitted with the applicatwn. PART III - REGISTRATION 4. Form of application (I) Every application made under these Regulations shall be made to the Registrar of Shipping. (2) The application shall be made in a form approved by the Director and shall contain the name and address of the ;ipplicant ;in<l <mch other inform,ition the Director mny considt'r necessnry to enable the ship to be identified. (3) Every application for registration of a ship which has, immediately prior to the application, been registe1ed un a11y oth<:1 rcgi~ki ~hall be au;u111panit:u by ,t cnlilieu t:xlrncl frum the register in respect of that ship. 5. Applications by bodies corporate Where application is made on behalf of a body corporate, the application must be accompanied by (a) if it is a company incorporated in Antigua and Barbuda, a copy of its certificate of incorporation and a certificate of good standing issued by the Registrar of Companies, and. in the case of a company which has changed its name since incorporation, its certificates of change of name; or (b) if it is a corporation incorporated under the International Business Corporation Act, a copy of a certificate of incorporation and a certificate of good standing issued by the Administrator of the Financial Services Regulatory Commission; or (c) if it 1s a company incorporated in any other Jurisd1ctton, proot m accordance with the laws of that jurisdiction of its incorporation and certificate of good standing issued by the authority responsible for the incorporation of companies in that jurisdiction. 6. Evidence of title on registration An application to register a ship shall be supported by the following evidence of title (a) in the case of a new ship, the builder's certificate; or 2011, No. 55 9 The Merchant Shipping (Registration qf'Ships) Regulation, 2011 (b) in the case of a ship which is not new, one bill of sale showing the most recent transfer of ownership. 7. Allocation of official number (I) On receipt of an application for registration of a ship for the first time, the Registrar of Shipping, if he is satisfied that the ship is eligible to be registered and that the proposed name complies with the First Schedule, shall (a) allocate to the ship an official number; and (b) issue a carving and marking note. (2) The Registrar may, on request by a classification society, allocate an official number to a ship before he receives all other registration documents. (3) Where a ship has had a number allocated under paragraph (2) and that number has been carved into the ship':;; beam but the :.hip i:;; not accepted as being eligible for registration, the number shall be permanently defaced and a certificate to that effect provided by the classification society to the Registrar of Shipping. 8. Marking On receipt of a carving and marking note on first registration the owner shatl (a) ifthe ship has not already been surveyed or measured as required by Section 17 of the Act, cause it to be so surveyed or measured; (b) in the case of a ship other than a pleasure yacht under 24 metres in length, cause the ship to be carved and marked in accordance with the Second Schedule; (c) in the case of a pleasure yacht under 24 metres in length, cause the ship to be carved and marked in accordance with the Second Schedule; and (d) where required under regulation 9, cause the ship's carving and marking to be inspected by an inspector of marks or such other person as may be authorised by the Director. 9. Inspection of marks ( 1) In respect of a ship, other than a pleasure yacht which is under 24 metres in length, an inspector of marks or such other person as maybe authorised by the Director shall satisfy himself that the ship has been carved and marked in accordance with the Second Schedule and, when so satisfied, shall complete the carving and marking note and retum it to the Registrar of Shipping. (2) In respect of a pleasure yacht which is under 24 metres in length the owner shall certify that the ship has been carved and marked in accordance with the Second Schedule and retum the certified carving and marking note to the Registrar of Shipping certifying The Merchant Shipping (Registration of Ships) Regulations, 2011 10 2011, No. 55 (a) that the particulars under the Fifth Schedule relating to the measurement and tonnage of the ship furnished to him are correct; or (~) that the ship is carved and marked in the manner required by section 19 of the Act or the Second Schedule. 10. Verification of measurement and carving and marking (I) In such cases the Registrar of Shipping may direct the owner to have the measurement or other particulars and the carving or marking of the vessel verified by an inspector of marks or such other person as may be authorised by the Director. (2) If the owner fails to comply with the direction of the Registrar of Shipping, the Registrar may (a) if the ship is not registered, refuse to register it until his direction has been complied with; or (b) if the ship is registered, serve notice on the owner or managing owner, or any charterer, manager or operator of the ship requiring him to produce evidence within 30 days sufficient to satisfy him that the particulars of the measurement and tonnage are, or that the marking of the ship is, correct. (3) If at the expiry of that period of30 days the Registrar is not so satisfied, he may­ (a) extend the notice and ask for further information: or (h) serve a final notice which closes the ship's registration, such closure to be effected 7 days after the service of that notice. (4) Where a ship's registration is closed under subregulation (3) the owner of the ship shall forthwith surrender its certificate of registry. (5) Where the Registrar serves a notice under this regulation on the owner of a ship in respect of which a mortgage is registered, he shall send a copy of the notice to the mortgagee at the address recorded in the register for the mortgagee. 11. Cancellation of carving and marking note If a carving and marking note issued under regulation 7 is not duly completed and returned to the Registrar of Shipping within 3 months of its issue, the Registrar may cancel it and the application shall be trPMerl !ls hllving been withdrawn 12. Registration, refusal of registration and entries in register and certificate of registry ( 1) Wllt:11;; lllt: Rtgistrar of Shipping is satisfied in respect of an application that (a) the ship is eligible to be registered as a Antigua and Barbuda ship; 201 I, No. 55 11 The Merchant Shipping (Registration o f Ships; Regulation, 2011 (b) the ship has been duly carved and marked and that the appropriate survey or measuring certificate has been provided; (c) the particulars of the ship furnished to him are correct; (d) title to the ship has been adequately proved (where necessary); and (e) the relevant requirements of the Act have been complied with, he shall, subject to subregulation (2), register the ship by entering in the register the particulars of the ship and its owners as specified in the Third Schedule. (2) If tht: Registrar is not satisfied a:; mentioned in subregulation (1) he shall, subject to regulation 37, refuse the application. (3) Without prejudice to subregulations (1) and (2), in the case of a ship owned by a shipping entity (a) where the shipping entity has a legal personality separate and distinct from that of its members, the name. of snr.h shipping entity may be entered in the register as the owner of the ship; (b) where the shippitlR entity does not have a legal personality separate and distinct from that of its members, the names of all its members carrying on business in the name of the shipping entity and the number of shares in the ship owned by each member shall be entered in the register; and 13. Registration prior to marking of ship ( l) Notwithstanding regulations 11 and 12, the Registrar of Shipping may register a ship before the ship is marked in accordance with section 19 of the Act, or the Second Schedule, or before the carving and marking note is duly completed and returned to him in accordance with regulation 11. provided the conditions in subregulations (2) are satisfied. (2) The conditions referred to in subregulation (l) are that the Registrar of Shipping receives from the owner of the ship a declaration stating that (a) the ship will be marked in accordance with section 19 of the Act or the Second Schedule, within 21 days or such other period as the Registrar of Shipping may allow; and (b) within 7 days thereafter, or such other period as the Registrar of ShipPing may allow, the carving and marking note will be duly completed and returned. (3) On the expiry of the relevant period referred to in subregulations (2), the ship's registration may be terminated if it is then not marked in accordance with section 19 of the Act or the Second Schedule. The Merchant Shipping (Registration of Ships) Regulations, 2011 12 2011, No. 55 14. Issue of certificate of registry and documents to be retained by the Registrar of Shipping ( 1) Upon registering a ship the Registrar of Shipping shall issue and send to the owner a cc11ified copy of the certificate of registry containing the pruticulars set out in the Fowth Scl1cduk, and shall retain in his possession a copy of any builder's certificate or bill of sale or other evidence of title produced on first registration, any certificate of measurement or survey, and all declarations made in connection with registration as required by the Act. (2} All documents which have been produced to the Registrar of Shipping to establish title shall be returned to the applicant once the ship has been registered. The documents shall be stamped by the Registrar to indicate that they have been used for the registration of a ship. 15. Evidence of title on transmission of a registered ship An application for registration of a transmission of a registered ship or a share in a registered ship under section 41 of the Act shall be made in the form approved by the Director. 16. Declaration of qualification on transfer or transmission Every application for the registration of (a) a transfer or share in a ship registered in Antigua and Barbuda; (b) a transmission of property or share in a ship registered in Antigua and Barbuda shall be accompanied by a declaration that the applicant is a person to whom any of the descriptions in section 11 of the Act applies. 17. Refusal of registration on transfer or transmission (I) If on an application for transfer or transmission of a ship or shares in a ship, the Registrar of Shipping is not satisfied that the ship is eligible to be registered (a} the Registrar shall serve a notice under paragraph (2} on the owner of the ship, and (b) the ship's registration shall terminate by virtue of this subregulation at the end of the period of 14 days, beginning with the date of the service of that notice. (2) A notice under this paragraph shall state (a) that the Registrar is not satisfied that the vessel m question is eligible to be registered; and (b) that the ship's registration will accordingly terminate by virtue of subregulation (1) at the end of the period referred to in that paragraph. 20)1, No. 55 13 18. Notification of changes of ownership etc The Merchant Shipping (Registration of Ships) Regulation, 201 I ( t) If at any time there occurs, in relation to a registered ship a change affecting the eligibility of lht: ship lo bt: rt:gislt:n::d, Utt: ownt:r of the ship shall, as soon as practicable:, after the change occurs, notify the Registrar of Shipping. (2) The notification referred to in paragraph (1) shall be made in writing, shall be signed by the owner and shall specify the nature of the change and the name and the official number of the ship. (3) A person who contr:wenes p:uagraph (I) j,;; guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars ($10,000.00). 19. Transfer or transmission of a registered ship or share ( l) Where there is any transfer or transmission of a registered ship or share in a registered ship (a) the person ceasing to own the ship or share, or in the event of his death, his legal personal representative, shall notify the Registrar of Shipping and surrender the certificate of registry; and (b) the Registrar shall cancel the certificate of registry and shall freeze the register pending the application for the registration of the transfer or transmission by the new owner or owners of the ship or share. (2) Where there is a transfer of a registered ship (a) the new owners shall within 30 days of the transfer make application in accordance with these Regulations for the transfer to be registered; (b) if the transfer is of all the shares in the ship, and application is not made within the 30 days, the Registrar of Shipping may cancel the registration of the '!hip and the certificate of registry; and (c) if the transfer is of one or some of the shares in the ship, and application is not made within the 30 days, the Registrar of Shipping shall serve a notice on the remaining registered owners notifying them that, unless an application to transfer the share or shares in question is made within 30 days of the date of the notice the registration of the ship and the certificate of registry may be cancelled. (3) Where there is a transmission of a registered ship (a) the new owners shall promptly make application in the prescribed torm and in accordance with these Regulations fur the transmission to be registered; (b) if the transmission is of all the shares in the ship, and applil.;atiun is not ma.de within 30 days, the Registrar of Shipping may cancel the registration of the ship and the certificate of registry; and The Merchant Shipping (Registration of Ships) Regulations, 2011 14 2011, No. 55 (c) if the transmission is of one or some of the shares in the ship, and application is not made within a 30 days, the Registrar of Shippin~ shall serve a notice on the remaining registered owners notifying them that, unless an application to register the transmission of the share or shares in question is made within 30 days of the date of the notice the registration of the ship and the certificate of registry may be cancelled. 20. Changes in registered particulars of ship (1) Where there is a change (a) in the registered particulars of a ship other than a change in the tonnage of the ship; or (b) in the name or address of any owner entered in the register (not being a change of ownership) application shall be made as soon as practicable in the prescribed form to the Registrar of Shipping for the change to be recorded in the register. (2) Such application s:ha!l, subject to regulation 39, be accompanied by the certificate of registry and such evidence as to the change as may be required by the Registrar of Shipping. (3) Where there is a change in the tonnage of a ship, it shall be resurveyed or remeasured in accordance with section 17 of the Act, and thereafter, application in the prescribed fm ,1 shall be made as soon as practicable for the change to be recorded in the register. The application shall be accompanied by the certificate of survey or measurement and the certificate of registry. ( 4) On recording the change in the registered particulars the Registrar of Shipping shall cancel the existing certificate and issue to the owner a new certificate of registry. 21. Change of name (1) If it appears to the Registrar of Shipping that a proposed change of name complies with the First Schedule he shall issue a marking note to the own~r. (2) On receipt of the marking note the owner shall cause the ship to be marked with the new name and, in respect of ships over 24 metres in length, shall cause the marking to be inspected in accordance with regulation 9. (3) The owner or inspector shall, if satisfied that the ship is marked in the manner required by the Second Schedule, complete the marking note and return it to the Registrar of Shipping. (4) On receipt of the marking note duly completed the Registrar of Shipping shall (a) record the change of name in the register; and (b) cancel the existing certificate of registry and issue to the owner a new certificate of registry showing the new name and particulars of the change of name. 2011, No. 55 15 The Merchant Shipping (Registration of Ships) Regulation, 2011 PART IV - MORTGAGES 22. Form of mortgage A mortgage produced for registration under section 42 of the Act, a transfer of a registered mortgage, and a discharge of a registered mortgage, shall be in a form approved by the Director, an<l ib t:}!.t:Culiou shall bt: attested. 23. Notice of intending mortgagees: priority notices ( l) Where a person who is an intending mortgagee under a proposed mortgage of (a) a registered ship; or (b) a share in a registered ship, notifies the Registrar of Shipping of the interest which it is intended that he should have under the proposed mongage, the Registrar shall record that intert:st. (2) For the purpose of subregulation (l), the notice to the Registrar of Shipping shall contain the name and official number of the ship, the name, address and signature of the intending mortgagor, the number of shares to be mortgaged, and the name and address of the intending mortgagee. (3) Where a person who is an intending mortgagee under a proposed mortgage of­ (a) a ship which is not for the time being registered; or (b) a share in any such ship, notifies the Registrar of Shipping in writing of the interest which it is intended that he should have under the proposed mortgage, the Registrar (i) shall record that interest in the register; and (ii) if the ship is subsequently regis:tered, shall register the ship subject to that interest or, if the mortgage has by then been executed in accordance with regulation 24 and produced to the Registrar, subject to that mortgage. (4) For the purposes ofsubregulation (3) the notice shall contain the following information: (a) the present name of the ship; (b) the intended name of the ship; (c) the approximate length of the ship; (d) where the ship is registered outside Antigua and Barbuda, a copy of its certificate of registry or other document evidencing its registration and giving its port of registry; The Merchant Shipping (Registration ~f Ships} Regulations, 201 I 16 2011, No. 55 (e) where the ship is a new ship, the builder's certificate or if that is not available, the name and address of the builder and the ship's yard number; (f) where the ship is neither a new ship nor a registered ship, details of any permanent marks on the ship which enable it to be clearly identified; and (g) the name, address and signature of the intending mortgagor, the number of shares to be mortgaged, and the name and address of the intending mortgagee. (5) In a case where (a) section 42(2) of the Act operates to determine the priority between two or more mortgages; and (b) any of those mortgagees gave notification under subregulation (I) or (3) with respect to his mortgage, section 42 (2) of the Act shall have effect in relation to that mortgage as ifit had been registered at the time when the relevant entry was made in the register under subregulation (1) or (3). (6) Notice given by a person under subregulation (1) or (3) and anything done as a result ofit shall cease to have effect (a) if the notice is withdrawn, or (b) at the end of the period of30 days beginning with the date of the notification, unless the notice is renewed in accordance with subregulation (7). (7) The person by whom any such notice is given may renew or further renew the notice on each occasion for a period of 30 days, by notice in writing given to the Registrar of Shipping (a) before the end of the period mentioned in paragraph (6)(b); or (b) before the end of a period ofrenewal. (8) Notice given under this regulation shall be in a form approved by the Director. 24. Evidence of transfer or transmission of mortgage A registered mortgage. which is transferred under section 46 of the Act and the interest in a mortgage ofa ship which, is transmitted under section 47, shall be transferred in a form approved by the Director. 2011, No. 55 17 The Merchant Shipping (Registration of Ships) Regulation, 20]1 PART V - CHARTERED BAREBOAT REGISTRATION 25, Applications for registradon (I) Every application for the registration of a chartered bareboat in Antigua and Barbuda shall be made to the Registrar of Shipping in the prescribed form. (2) Every application for the registration of a ship shall be in a form approved by the Director and accompanied by (u) lht: <luly ct:rtifie<l do,;;uments n;fe1Ted to in section 28 (b) of the Act; (b) a copy of the charterparty showing (i) the name of the ship; (ii) the name of the charterer and the name of the owner of the ship; (iii) the date of the charterparty; and (iv) the duration of the charterparty; (c) the certificate of registry, or other document, issued by the authority responsible for the registration of ships in the country of primary registration showmg the ownership of the ship (d) where the charterer is a budy corporate, the documi::nt ur ducurm:nlls 1t:4uiit:<l by regulation 5; and 26.Namelli (I) On making an application for registration of a chartered bare boat the applicant shall propose a name by which the ship is to be called while so registered. (2) If the Registrar of Shipping is satisfied that the name is in compliance with the provisions of the First Schedule he shall approve the name. 27. Allocation of identifying number A ship which does not have a unique identifying number allocated by its primary register shall be allucale<l :;uch a nwnbt:1 by tht: Regislrnr uf Shipping. 28. Marking (1) On being satisfied that the ship is eligible for registration and on production of any certificate for survey required under section 17 of the Act the Registrar of Shipping shall issue a carving and marking note. The Merchant Shipping (Registration of Ships) Regulations, 201 I 18 2011, No. 55 (2) On receipt of a carving and marking note the charterer shall, in accordance with section 19 of the Act (a) where the ship is not already so marked, cause it to be marked with its name; and (b) where the ship is not already so carved, cause it to be carved with its identifying number and the number denoting its tonnage. 29. Jnspection of marks etc. Regulations 9 and 11 apply to this Part and a reference to the owner in regulation 9 shall be deemed to be a reference to the charterer. 30. Registration ( l) Where the Registrar of Shipping is satisfied in respect of an application that­ (a) the ship has been duly carved and marked; and (b) where required. the appropriate certificate of survey has been provided; and (c) the other requirements preliminary to registration have been complied with, he shall enter in the register the details prescribed in the Third Schedule. (2) Upon registering a ship the Registrar of Shipping shall issue and send to the charterer a certificate of chartered bareboat registry containing the particulars set out in the Fourth Schedule. (3) Upon registering a ship the Registrar of Shipping shall retain in his possession copies of the duly certified documents refen-ed to in section 28 (b) of the Act. and if applicable, any documents required by regulation 5. 31. Notice of changes ( 1) If at any time there occurs, in relation to a chartered bareboat any change affecting the eligibility of the ship to be registered, the charterer of the ship shall, as soon as practicable after the change occurs, notify the Registrar of Shipping. (2) Notice given under subregulaion (I) shall be made, in writing. ~h:ci 11 he signed hy the charterer and shall specify the nature of the change and the name and the identifying number of the ship. (3) Any person who cu11travem:s sub1egulatiun ( l) is guilty of au offence a11tl liable tu a fiut: not exceeding ten thousand dollars ($10,000.00). 32, Appli~ation of other rei;ulation3 to this part Regulations 20 and 21 apply to this Part as if any reference to the owner in these Regulations is a reference to the charterer. 2011, No. SS 19 The Merchant Shipping (Registration of Ships) Regulation, 2011 33. Notice to foreign registries by Registrar of Shipping The Registrar of Shipping shall notify the responsible authority for registration of ships in the country of primary registration when (a) the ship has been registered as a chartered bareboat on Antigua and Barbuda register, or (b) the ship's registration has been closed by the Registrar by reason of regulation 35. 34. Termination of chartered bareboat registration Where the registration of a chartered bareboat is terminated under section 33 of the Act, the charterer shall forthwith surrender to the Registrar of Shipping the certificate of demise charter registry for cancellation. PART VI - MISCELLANEOUS 35. Documents in other languages to be accompanied by English translation and witnessing of documents ( 1) A document which is not in the English language and is produced in support of an application under these Regulations shall be accompanied by a notarised translation of the document in the English language. (2) Where the signature on any document made under these Regulations is required to be witnessed, a witness to the signature shall be a person of full age and shall not be the spouse of the signatory. 36. Dispensing with declarations When under these Regulations (a) a person is required to make a declaration on behalf of himself or a body corporate, but is unable to do so and can satisfy the Registrar of Shipping that it is due to reasonable cause, the Registrar may on such terms as he thinks fit, dispense with the declaration; or (b) evidence is required to be produced to the Registrar of Shipping but such evidence is unable to be produced and the Registrar is satisfied that it is due to reasonable cause, the Registrar may on production of such other evidence as he considers appropriate, dispense with the requirement. 37. Requirement fnr 1mpplementary information Where the Registrar of Shipping is not satisfied by the information provided on an application for registration of a ship that the ship is eligible for registration, or that the particulars or other The Merchant Shipping (Registration ol Ships) Regulations, 2011 20 2011, No. 55 information supplied is co1Tect or sufficient, he may require such supplementary information or evidence as he considers appropriate for the purpose of satisfying himself that it is so eligible. 38. Fees (I) The Registrar shall charge fees for the registration of ships, yachts, vessels and other serviu::s prnvii.kd under these 1egulatiuns. (2) The fees prescribed in the sixth, seventh, and eight schedules are the fees payable for the registration of ships, yachts and other vessels. (3) The fees prescribed in the ninth schedule are the fees payable for other services provided under these regulations. (4) The Registrar shall not be required to register any ship, yacht or vessel or perform any other service or transaction under these regulations unless the appropriate fee has been paid. 39. Dispensing with production of certificate Where a certificate of registry is required by these Regulations to accompany an application and it is shown to the satisfaction of the Registrar of Shipping that for reasonable cause ( which includes, but is not limited to, the ship being in a port outside Antigua and Barbuda, or the certificate being needed for an imminent voyage, at the time the application was made) the certificate cannot be produced, the Registrar may, subject to such conditions as he thinks fit, dispense with its production. 40. Issue of certificate of deletion and removal of marks on termination of registration Where under the Act a ship's registration is tem1inated (a) the Registrar of Shipping may, at the request of the owner, issue a certificate confirming that the ship's registration has been deleted frum the n:giste1, and stating the status of any mortgage registered in respect of that ship; and (b) the marking prescribed under these Regulations shall be removed from the ship by the owner and written confirmation of the removal shall be sent to the Registrar. PART VII - Offences 41. Offences (I) A person who, with intent to deceive, uses or lends or allows to be used by another, a certificate of registry whether in force or not, is guilty of an offence. (?) A per~on who fails, without reasonable cause to surrender a certificate of registry when required to do so under these Regulations is guilty of an offence. 2011, No. 55 21 The Merchant Shipping (Registration of Ships) Regulation, 2011 (3) A person who intentionally alters, suppresses, conceals or destroys a document which he has been required by these Regulations to produce to the Registrar of Shipping is guilty of an offr.nce (4) The offences specified in subregulations (1), (2) and (3) shall be punishable on summary conviction as follows (a) for an offence specified in subregulations (1) and (3), to a fine not exceeding ten thousand dollars ($10,000.00) or to 3 months imprisonment or to both fine and imprisonment; and (b) fur an offence specified in subregulation (2) to a fine not exceeding ten thousand dollars ($10,000.00). (5) It shall be a defence for a person charged under this section to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. PART VIII - TRANSITIONAL PROVISIONS 42. Interpretation For the purposes of this Part "existing certificate" means a certificate of registry, other than a provisional certificate issued under a previous Act applicable in Antigua and Barbuda at the time of issue of such certificate; and "new certificate" means a certificate of registry issued in accordance with these Regulations. 43. Validity of existing certificates ( 1) An existing certificate shall remain in force until a new certificate is issued under these Regulations. (2) A provisional certificate of registry issued under a previous Act applicable in Antigua and Barbuda at the time of issue of the certificate shall remain in force Wltil the date of its expiry in accordance with the legislation under which it was issued. 44. Registered details The Third and Fourth Schedules do not apply to any ship until a new certificate of registry is issued in respect of that ship. The Merchant Shipping (Registration of Ships) Regulations, 2011 FIRST SCHEDULE 22 APPROVAL OF NAMES 2011, No. 55 1. Every application to the Registrar of Shipping to approve a name shall specify a name which is in Roman letters; any numerals shall be in Roman or Arabic numerals. 2. In respect ofan application to register a ship under Parts I to III of the register, the Registrar of Shipping shall not approve the proposed name if it is (a) already the name of a registered Antigua and Barbuda ship; (b) a name so similar to that of a registered Antigua and Barbuda ship as to be calculated to deceive or likely to confuse; (c) a name which may be confused with a distress signal; or (d) a name which is prefixed by any letters or a name which could be taken to indicate a type of ship or any word, pre-fix or suffix which might cause confusion as to the name of the ship. 3. Subject to paragraph 4, if the Registrar of Shipping is satisfied that a name does not fall within paragraph 2(a) to (d). he shall notify the applicant in writing that the name is approved and the ship may be registered with that name. 4. Notwithstanding that the Registrar is satisfied as to paragraph 2 he may refuse to approve a name which might cause offence or embarrassment. 5. Any approval given under paragraph 3 shall be valid only for the period of 3 months beginning with the date it is notified to the applicant. 6 If the Registrar of Shipping is not satisfied as mentioned in paragraph 3, he shall notify the applicant accordingly. 7. Where the owner of a ship registered in Antigua and Barbuda intends to replace it with another ship to be registered under the same name, then, notwithstanding paragraph 5, the Registrar of Shipping may, on an application being made by the owner, reserve the name for a period of up to one year from the date of closure of the registration of the first-mentioned ship. 8. Applications for a reservation under paragraph 7 shall be accompanied by a full statement of the circumstances of the case. 201 I, No. 55 23 The Merchant Shipping (Registration of Ships) Regulation, 2011 SECOND SCHEDULE CARVING AND MARKING CARVING AND MARKING CARVING AND MARKING FOR PLEASURE YACHTS UNDER 24M IN LENGTH l. Every pleasure yacht under 24 metres in length shall, before it may be registered, be marked permanently and conspicuously to the satisfaction of the Director in accordance with paragraph 3. 2 The Director may exempt a pleasure yacht under 24 metre:, from all or nny of the requirements of paragraph 3, subject to such conditions, if any, as he thinks fit. 3. A pleasure yacht which is under 24 metres in length shall be marked as follows: (a) with the official number and registered tonnage ascertained in accordance with the Fifth Schedule are (i) to be marked on a readily accessible visible permanent part of the structure of the pleasure yacht either by cutting in, centre punching or raised lettering; or (ii) to be engraved on plates of metal, wood or plastic, secured to a readily accessible visible permanent part of the structure with rivets, through bolts with the ends clenched, or screws with the slots removed; (b) the name and port of registry (unless exempted under paragraph 2), are to be marked on a conspicuous and permanent part of the stem in letters ofa contrasting colour so as to be clearly visible, the letters being not less than 5 centimetres high and of proportionate breadth, or where this is not possible by the alternative methods given below (i) by engraving on plates of metal or of plastic or by cutting in on n shaped wooden chock. Where a shaped wooden chock is used it should be secured to the hull through bolts, the ends being clenched; or (ii) by individual glass reinforced plastic letters and numbers approximately 2 millimetres in thickness, fixed to the hull with epoxy adhesive, painted with suitable paint, and coated with translucent epoxy resin; and (iii) where metal or plastic plates have been used these must be fixed by the use of epoxy adhesives and coated with translucent epoxy resin after they have been fixed in position. 4. A scale of decimetres, or metres and decimetres, denoting a draught of water shall be marked on the pleasure yacht, other than one which is exempted, on each side of its stem and its stern pmt, as follows: (a) in figures in 2-decimetres intervals, if the scale is in decimetres; and The Merchant Shipping (Registration of Ships) Regulations. 201 I 24 201 L No. 55 (b) in figures at each metre interval and at intervening two-decimetre intervals, if the scale is in metres and decimetres, !he capitctl ktter 'M' being placed a11er each metre figure; tile top figure uf tht: scale showing buth the metre and (except where it marks a full metre interval) the decimetre figure; the lower line of the figures, or figures and letters, coinciding with the draught line denoted thereby; the figures and letters being not less than one decimetre in length and being murked by being cut in and painted in a contrasting colour so as to be clearly visible, or in such other way as the Director may approve. 5 The name of a ship shall be marked in Roman letters and any numerals shall be in Roman or Arabic numerals. CARVING AND MARKING FOR SHIPS, OTHER THAN PLEASURE YACHTS UNDER 24M JN LENGTH. 1. (1) Every ship other than a pleasure vessel which is under twenty-four metres in length shall, before registration, be marked permanently and conspicuously to the satisfaction of the Director as follows (a) its name shall be marked on each of its bows, and its name and the name of its port of registry shall be marked on its stem, in letters of a contrasting colour so as to be clearly visible, such letters to be of a length not less than one decimetre, and of proportionate breadth; (b) her identifying number and net tonnage ascertained in accordance with the International Tonnage Convention (ITC) shall be permanently marked on a main pan of the ship's permanent structure that is readily visible and accessible in such manner as may be specified by a surveyor of ships; (c) A 3calc of decimetres, or of metres and decimetres, denoting a draught of water shall be marked on each side of its stem and its stem post in figures at two-decimetre intervals and at intervening two decimetre intervals, if the scale is in metres and d<"cimetre~. the capital letter "M" being placed after each metre figure; the top figure of the scale showing both the metre and ( except where it marks a full metre interval) the decimetre figure; the lower line of the figures, or figures and letters (as the case may be), coinciding with the draught line denoted thereby; the figures and letters being not less than one decimetre in length and being marked by being cut in and painted in a contrasting colour so as to be clearly visible, or in such other way as the Director may approve: and 2. Unless in special circumstances the Director directs otherwise, a pleasure vessel of twenty-four metre~ in length or nver, ~hl'lll he <l<"<"med to be in compliance with subsection (1 )(a) if its name and the name of its port of registry is marked on its stem in the manner provided in that subsection. 2011, No. 55 25 The Merchant Shipping (RegL'itration of Ships) Regulation, 2011 3. If the scale showing the ship's draught of water is in any respect inaccurate, so as to be likely to mislead, the owner of the ship is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars ($10,000.00). 4. The marks required by this section shall be permanently continued, and no alteration shall be made therein, except in the event of any of the particulars thereby denoted being altered in the manner provided by the Regulations. 5. If an owner or master of a registered ship neglects to keep his ship marked as required by this section, or if a person conceals, removes, alters, defaces or obliterates or suffers a person under his control to conceal, remove, alter, deface or obliterate any of the said marks, except in the event referred to in section (4), that owner, master or person is guilty of an offence, and for each such offence is liable to a fine not exceeding ten thousand dollars ($10,000.00) and, on a certificate from a surveyor of ships that a ship is insufficiently or inaccurately marked, the ship may be detained until the insufficiency or inaccuracy has been remedied. 6.It shall be a defence for an owner, master or person referred to in section (5) to prove (a) that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or (b) that the commission of the offence was for the purpose of escaping capture by an enemy. 7. Where a ship proceeds to sea without being marked in accordance with this section, the owner is guilty of an offence and liable on summary conviction to a fine of ten thousand dollars ($10,000.00). 8. The Director may exempt a class of ships from all or any of the requirements of this section. THIRD SCHEDULE DETAILS TO BE ENTERED IN REGISTER 1. The following information, where relevant, is to be included in the details to be recorded in the register in respect of ships registered or to be registered under Parts I and II of the register: (a) ship's particulars: (i) name of ship; (ii) official number; (iii) port of registry; (iv) radio call sign; (v) IMONumber(ifknown); The Merchant Shipping (Registration of Ships) Regulations, 2011 26 (vi) part of register under which the ship is being registered; (vii}year of current registry; (viii) where built; (ix) name and address of builders (x) date keel laid or when built; 2011, No. 55 (xi) type of ship (for example, dry cargo, oil tanker, chemical tanker, passenger, bulk canier, pleasure yacht, etc.; (xii)material used to construct the hull; (xiii) length of the ship (metric units); (xiv) breadth of the ship (metric units); (xv) depth of the ship (metric units); (xvi) nvenill length (metric units); (xvii) overall length (metric units); (xviii) number of masts; (b) engine and boiler particulars: (i) method of propulsion, if any (for example, whether sail, steam, diesel-electric, motor or dumb, etc.); (ii) number of sets of engines; (iii) number of shafts; (iv) description of engines; (v) date engines made; (vi) name and address of engine makers; (vii) details of reciprocating engines; 2011, No. 55 27 The Merchant Shipping (Registration o{Ships) Regulation, 2011 (aa) number of cylinders in each set; (hh) diameter of cylinders: (cc) length of stroke; (viii) details of other type of engine; (ix) power of engines in kilowatts (kW); (x) estimated speed of ship; (c) particulars of tonnage: (ii) gross tonnage; (iii) net tonnage; (d) particulars of owners: (i) name; (ii) address; (iii) country of incorporation (body corporate); (iv) ifa foreign company, the name and address ofthe person authorised to accept on its behalf service of process and notices required to be served on it; (v) number of shares owned by the owner (individual or body corporate), and if held jointly, with whom the shares are held. 2. The following information, where relevant, is to be included in the details to be recorded in the register in respect of ships registered or to be registered as a chartered bareboat: (a) ship's particulars: (i) name of ship; (ii) official number; (iii) port of registry; (iv) radio call sign; The Merchant Shipping (Registration of Ships) Regulations, 201 I (v) IMO Number (if known); 28 (vi) part ofreeiste.r unrler whi~h the ship is heing registererl; (vii)year of current registry; (viii) where built; (ix) name and address of builders; (x) date keel laid or when built; 2011, No. 55 (xi) type of ship (for example, dry cargo, oil tanker, chemical tanker, passenger, bulk carrier, pleasure yacht, etc.); (xii)matcrial u1;ed to construct the hull; (xiii) length of the ship (metric units); (xiv) breadth of the ship (metric units); (xv) depth of the ship (metric units); (xvi) overall length (metric units); (xvii) number of masts; (h) engine and boiler particulars: (i) method of propulsion, if any (for example, whether sail, steam, diesel-electric, motor or dumb, etc.); (ii) number of sets of engines; (iii) number of shafts; (iv) description of engines; (v) date engines made; (vi) name and address of engine makers; (vii) details of reciprocating engines; 2011,No.55 29 The Merchant Shipping (Registration of Ships) Regulation, 2011 (aa) number of cylinders in each set; (bb) di:rn1eter of cylinrleN: (cc) length of stroke; (viii) power of engines in kilowatts (kW); (ix) estimated speed of ship; (c) particulars of tonnage: (i) gross tonnage; (ii) net tonnage: (d) other particulars: (i) name and address of charterer (that is, the person taking the vessel on demise charter); (ii) country of primary registration; 3. The following information. where relevant, is to be included in the details to be recorded in the register in respect of ships registered or to be registered as a ship under constrnction· (a) ship's particulars: (i) port of registry; (ii) year of current registry; (iii) part of register under which the ship is being registered; (iv) Antigua and Darbuda Shipping Registry identity number; (v) where being built; (vi) name and address of builders; (vii) date keel laid; (viii) type of ship (for example, dry cargo, oil tanker, chemical tanker, passenger, bulk carrier, pleasure yacht, etc.); The Merchant Shipping (Registration of Ships) Regulations.2011 (ix) material used to construct the hull; (x) estimated length of the ship (metric units); (xi) estimated breadth of the ship (metric units); (xii)estimated depth of the ship (metric units); (xiii) estimated overall length ( metric units); 30 201 L No. 55 (xvi) intended method of propulsion (for example, whether sail, steam, diesel­ electric, motor or dumb etc.); (b) particulars of tonnage: (i) gross tonnage; (ii) net tonnage; (iii) Design Tonnage (c) particulars of owners: ( i) name and address of registered owner as agreed between builder and client; (ii) if a foreign company, the name and address of the person authorised to accept on its behalf service of process and notices required to be served on it: 4. ( l) for ships registered or to be registered, in respect of which a provisional c.crtificatc of registry is issued under section 24 of the Act, the particulars to be recorded in the register will vary according to circumstances. (2) When a provisional certificate is to be effected abroad by a relevant proper officer, he shall ascertain and enter such particulars as are available. The particulars shall include at least the name of the ship, the time and place of the purchase of the ship and the names of the purchasers. In respect of the purchasers the particulars shall include the following (i) if the purchaser is a foreign company, the name and address of the person authorised to accept on its behalf service of process and notices required to be served on it; (ii) number of shares owned by the owner (individual or body corporate and, if held Jointly, with whom the shares are held; ( iii) name of operator ( if different from owner). 2011, No. 55 31 The Merchant Shipping (Registration of Ships) Regulation, 201 I FOURTH SCHEDULE OF.TAILS TO RF. lNCUJDRD IN CERTlFTCATR OF REGISTRY 1. A certificate of registry for a ship registered or to be registered under Parts I and II of the register shall contain, where relevant, the following information: (a) ship's particulars: (i) name of ship; (ii) official number; (iii) port of registry; (iv) radio call sign; (v) IMO Number (if known); (vi) part of register under which the ship is being registered; (vii)year of current registry; (viii) where built; (ix) name and address of builders; (x) date keel laid or when built; (xi) type of ship (for example, dry cargo, oil tanker, chemical tanker, passenger, bulk carrier, pleasure yacht, etc.); (xii)material used to constrnct the hull; (xiii) length of the ship (metric units); (xiv) breadth of the ship (metric units); (xv) depth of the ship (metric units); (xvi) overall length (metric units); (xvii) number of masts; (b) engine and boiler particulars: The Merchant Shipping (Registration ol Ships) Regulations, 2011 2011, No. 55 (i) method of propulsion, if any (for example, whether sail, steam, diesel-electric, motor or dumb, etc.); (ii) number of sets of engines; (iii) number of shafts; (iv) description of engines; (v) date engines made; (vi) name and address of engine makers; (vii)details of reciprocating engines; (aa) number of cylinders in each set; (bb) diameter of cylinder.s; (cc) length of stroke; (viii) power of engines in kilowatts (kW); (ix) estimated speed of ship; (x) details of other type of engine (c) particulars of tonnage: (ii) gross tonnage; (iii) net tonnage; (cl) parlicula1:,; uf accummudatiun: (e) particulars of owners: (i) name; (ii) address; (iii) number of shares owned by the owner (individual or body corporate), and if held jointly, with whom the shares are held. 2011,No.55 33 The Merchant Shipping (Registration o/Ships) Regulation, 2011 2. A certificate of registry for a ship registered or to be registered under Part Ill of the register shall contain, where relevant, the following information: (a) ship's particulars: (i) name of ship; ( ii) official number; (iii) port ofTegistry; (iv) radio call sign; (v) IMO Number (if known); (vi) part ofregister under which the ship is being registered; (vii)year of current registry; (viii) where built; ( ix) name and address of builders; (x) date keel laid or when built; (xi) type of ship (for cxnmplc, dry cnrgo, oil tanker, chemicnl tanker. puascnger, bulk carrier, pleasure yacht, etc.); (xii)material used to constrnct the hull; (xiii) length of the ship (metric units); (xiv) breadth of the ship (metric units); (xv) depth of the ship (metric units); (xvi) overall length ( metric units); (xvii) date of expiry of certificate of registry. {b) engine and boiler particulars: (i) method of propulsion, if any (for example, whether sail, steam, diesel-electric, motor or dumb, etc.); The Merchant Shipping (Registration of Ships) Regulations, 201 I (ii) number of sets of engines; (iii) number of shafts; (iv) description of engines; (v) date engines made; (vi) name and address of engine makers; (vii)details of reciprocating engines; (aa) number of cylinders in each set; (bb) diameter of cylinders; (cc) length of stroke; (viii) power of engines in kilowatts (kW); (ix) estimated speed of ship: (x) details of other type of engine (c) particulars of tonnage: (i) gross tonnage; ( ii) net tonnage; (cl) pi1.rtiwhms ufa.,;cummodation: (e) other particulars: 34 2011, No. 55 (i) name and address of charterer (that is,. the person taking the vessel on bareboat charter); (ii) commencement and expiry dates of the bareboat charter; (iii) country of primary registration; (iv) date of expiry of certificate of registry. 2011, No. 55 35 The Merchant Shipping (Registration of Ships) Regulation, 201 I 3. A certificate of registry for a ship registered or to be registered under construction of the register shall contain, where relevant, the following information: (a) ship's particulars: (i) port of registry (ii) year of current registry; (iii} part of register under which the ship is being registered; (iv) Antigua and Barbuda Shipping Registry identity number; (v) where being built; (vi) name and address of builders; (vii)date keel laid; (viii) type of ship (tor example, dry cargo, oil tanker, chemical tanker, passenger, bulk carrier, pleasure yacht, etc.); (ix) material used tu construct the hull; (x) estimated length of the ship (metric units); (xi) estimated breadth of the ship (metric units); (xii)estimated depth of the ship (metric units); (xiii) estimated overall length (metric units); (xiv) intended method of propulsion (for example, whether sail, steam, diesel­ electric, motor or dumb, etc.); (b) particulars of tonnage: (i) estimated gross tonnage; (ii) estimated net tonnage; (iii) Design tonnage (c;) particulars of owners: The Merchant Shipping (Registration of Ships) Regulations, 2011 36 2011, No. 55 (i) name and address of registered owner as agreed between builder and client; (ii) yard number or other information identifying the ship. FIFTH SCHEDULE APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR ANTIGUA AND BARBUDA smrs OF LESS THAN 24 METRES IN LENGTH. 1. This Schedule applies to Antigua and Barbuda ships, being ships of less than 24 metres in length, registered or to be registered in accordance with these regulations and for which the ascertainment of tonnage is required. 2. (I) A ship shall be measured by a surveyor or by a measurer appointed by an organisation duly authorised by the Director. or such other person as may be appointed by the Director for that purpose. (2) The tonnage of a ship shall be the sum of (a) the product of multiplying together its length overall, extreme breadth over the outside hull and depth in metres and multiplying the resultant figure by 0.16; and (b) the tonnage of any break or breaks, calculated for each break by multiplyi1,6 together its mean length, mean breadth, and mean height in metres and multiplying the resultant figure by 0.35. (3) For the purpose of this Schedule (a) the breadth of a ship shall be its extreme breadth over the outside plating, planking or hull, no account being taken of rnbbers 01 fender, t:ven if tht:y art: 1110uldt:d ~u a, lu be integral with the hull; (h) the depth of a ship shall be measured vertically at the midpoint of the length overall; (c) the upper terminal point for depth shall be (i) in the case ofa decked ship, the underside of the deck on the middle line or, if there is no deck on the middle line at the point of measurement, the underside of the deck at the side of the ship plus the full deck camber; and (ii) in the case ofan open ship, the top of the upper strake or gunwale; (d) the lower terminal pomt of depth shall be 2011, No. 55 37 The Merchant Shipping (Registration of Ships) Regulation, 2011 ( i) in the case of a wooden ship, the upper side of the planking at the side of the keel or hog; (ii) in the case ofa metal ship, the top ofthe plating at the side of the keel; and (iii) in the case of a glass reinforced plastic ship, the inside of the hull. Where no keel member is fitted and the keel is of open trough construction, the lower tenninal point for depth shall be the top of the keel filling, iffitted, or the level at which the inside breadth of the trough is I O centimetres, whichever gives the greater depth; and (e) where a break exists in way of the point of measurement for depth, the height of the break shall not be included in the measuremem of depth. (4) The tonnage detennined in accordance with paragraph (2) shall be the gross tonnage and net tonnage. (5) In the case of a multi-hull ship the tonnage of each hull shall be measured separately and the sum of such tonnages shall be used in computing the tonnage referred to in paragraph (2). (6) All measurements used in the calculations of volumes shall be taken and expressed in metres to the nearest one hundredth of a metre. (7) Tnnnaee shall he expressed tn two decimal places, the second decimal place being increased by one if the third decimal place is 5 or more. (8) On completion of the measurement the surveyor or measurer, as the case may be, shall forward lo the Din:i.:lur a C1;;rtifkat1;; ufM1;;a:;ur1;;1111;;ut iu a furm approved by the Director. (9) Where alterations are made in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry, assigned load line, or permitted draught of the ship such as would cause an increase in the tonnage, the existing measurement shall cease to be valid, and any certificate shall be surrendered to and cancelled by the issuer, and the owner of the ship shall make an application for it to be remeasured in accordance with paragraph ( 1 ). (10) Notwithstanding paragraph (2), nothing in this Schedule shall be taken to require any ship the tonnage of which was validly detennined under the law in force immediately before the coming into force of these Regulations to have its tonnage re-determined. The Merchant Shipping (Registration ~f Ships) Regulations, 201 I SIXTH SCHEDULE 38 2011, No. 55 ADOMS FEES - ANTIGUA AND BARBUDA INTERNATIONAL SHIP REGISTRY The fees set out in this schedule ann}y to all types ofre2istration, which is to say, Permanent, Bareboat Charter, Provisional, Vessel Under Construction Reeistration 201 - 900 gross 900 - 1200 gross 1201 - 1600 gross 1601 - 2800 gross tonnae;e tonnae;e tonnaR;e tonnage USD$3400 USD$3900 USD$5400 USD$6400 2801 - 4300 gross 4301 - 6000 gross 6001 - 8000 gross 8001 ~ 10000 gross tonnaee tonnae:e tonnae:e tonna2e USD$7500 USD$9500-1 l 900 USD$11901-13700 USD$13701-14600 10001 -13000 gross 13001 - 17000 gross Over 17000 tonnae:e tonnae:e USD$l4601-15600 USD$15600-l 7000 USD$1/gt Transmission. Transfer, Change of Ownership 201 - 900 gross 900 - 1200 gross 1201 - 1600 gross 1601 - 2800 gross tonnae:e tonnae:e tonna2e tonna2e USD$2720 USD$3120 USD$4320 USD$5120 2801 - 4300 gross 4301 - 6000 gross 6001 - 8000 gross 8001 - 10000 gross tonna2e lonnav.t: lUDilllj!e tonna2e USD$6000 USD$7600-9520 USD$9521-10960 USD$10961-l 1680 ' 2011, No. 55 39 10001 - 13000 gross 13001 - 17000 gross tonnage tonnage USD$11681-12480 USD$12481-13600 Renewal of Registration - Permanent (yearly) 201 - 900 gross 900 - 1200 gross tonna2e tonnage USD$1020 USD$1170 2801 - 4300 gron 4301 - 6000 gross tonnae:e tonna2e USD$2250 USD$2850-3570 10001 - 13000 gross 13001 - 17000 e:ross tonna2e tonna2e USD$438 l-4680 lJSD$4681-5100 The Merchant Shipping (Registration of Ships) Regulation, 2011 Over 17000 USD$1/gt 1201 - 1600 gross 1601 - 2800 gross tonnaee tonna2e USD$1620 USD$1920 6001 - 8000 gross 8001 -10000 gross tonnaee tonna2e USD$3571-4110 USD$4 l 11 4380 Over 17000 USD$1/gt Renewal of Registration - Bareboat Charter (every two years) 201 - 900 gross 900 - 1200 gross 1201 - 1600 gross 1601 - 2800 gross tonna2e tonnll!!'c tonn11ie:c tonnai:e USD$2720 USD$3120 USD$4320 USD$5120 - -- ·-- · 2801 - 4300 gross 4301 - 6000 gross 6001 - 8000 gross 8001 - 10000 gross tonnaae tonnag.,. tonnage tonnage USD$6000 USD$7600-9520 USD$952 l-10960 USD$10961-11680 - - ... - The Merchant Shipping (Registration uf Ships) Regulations, 2011 10001 - 13000 gross 13001- 17000 gross tonnage tonnage USD$11681-12480 USD$ l 2481- I 3600 Services Seafarer's Documents Seafarer's Book Certificate of Competence (Officers)- Endorsement Certificate of Competence (GMDSS) Endorsement Certificate of Competence (Special) - Endorsement Renewdl uf St:i:tfan::1 ', Ducumt:nls Change of Personal Data Additional Services Initial Safety Inspection und Amrnul Sufcty Inspection 40 Over 17000 USD$lgt One complete new set of Antigua & Barbuda Trading Certificates LRIT Conformance Test Report (Certificate) Continuous Synopsis Record 2011, No. 55 l<'ees/LJ SU 80 75 60 30 ~o 20 950 250 200 150 2011, No. 55 41 The Merchant Shipping (Registration of Ships} Regulation, 2011 SEVENTH SCHEDULE ADOMS FEES - ANTIGUA AND BARBUDA REGISTRY FOR YACHT (YACHTS OVER 24M) (ABYR) The fees set out in this schedule aooly to all types ofre~istration, which is to say, Permanent, Bareboat Charter, Provisional, Vessel Under Construction Re2istration Under 50 gross 50 - 200 gross 201- 500 gross tonnae:e tonnae:e tonna2e Privately Operated Yacht USD$460 USD$700 USD$1000 Commercially Operated Yacht USD$1000 USD$1200 USD$1500 501-1000 gross 1001 - 1500 gross 1501 - 3000 gross tonnal{e tonnalle tonna2e Privately Operated Yacht USD$1200 USD$1500 USD$1700 Commercially Operated Yacht USD$1800 USD$2200 USD$2700 -- Over 3000 gross tonnaee Privately Operated Yacht USD$2000 Commercially Operated Yacht USD$3000 ~- ---· -- ·- --- Transmission, Transfer, Change of Ownership The Merchant Shipping (Registration of Ships} Regulations, 20 I I Under 50 gross tonna2e Privately Operated Yacht USD$140 Commercially Operated Yacht USD$300 501-1000 gross tonna2e Privately Operated Yacht USD$360 Commercially Operated Yacht USD$540 Over 3000 gross tonnae:e Privately Operated Yacht USD$600 Commercially Operated Yacht USD$900 42 2011, No. 55 50 - 200 gross 201 - 500 gross tonnae:e tonnal!e USD$210 USD$300 USD$360 USD$450 1001 - 1500 gross 1501 - 3000 gross tonnae:e tonnae:e USD$450 USD$510 USD$660 USD$810 2011, No. 55 43 The Merchant Shipping (Registration of Ships) Regulation, 20/ I Renewal of Registration - Permanent (yearly) Under 50 gross 50 - 200 gross 201 - 500 gross tonna2e tonna2e tonna2e Privately Operated Yacht USD$140 USD$210 USD$300 Commercially Operated Yacht USD$300 USD$36U US1J$45U SO 1-1000 gross 1001 - lS00 gross lS0t - 3000 gross tonna2e tonnage tonna2e Privately Operated Yacht US1J$:.i6U US1J$4;U USD$;1U Commercially Operated Yacht USD$540 USD$660 USD$810 Over 3000 gross tonnae.e Privately Operated Yacht US1J$60U Commercially Operaled Yacht USD$900 The Merchant Shipping (Registration of Ships} Regulations, 2011 44 Renewal of Registration - Bareboat Charter (every two years) I Under 50 gross 50 - 200 gross tonna2e tonnal!e Privately Operated Yacht USD$370 USD$560 Commercially Operated Yacht USD$800 USD$960 501-1000 gross 1001 - 1S00 gross tonna2e tonnae:e Privately Operated Yacht USD$960 USD$1200 Commercially Operated Yacht USD$1440 USD$1760 Over 3000 gross tonna2e Privately Operated Yacht USD$1600 Cunum:rdally Opemted Yacht USD$2400 2011, No. 55 I 201 - 500 gross tonoa2e USD$800 USD$1200 1S01- 3000 gross tonoae:e USD$1360 USD$2160 2011,No.55 45 The Merchant Shipping (Registration of Ships) Regulation, 2011 EIGHTH SCHEDULE ADO MS FEES - ANTIGUA AND BARBUDA LOCAL SHIP REGISTRY {ABLR) The fees set out in this schedule apply to all types ofregistration, which is t~ay, Pennanent, Bareboat Charter, Provisional, Vessel Under Construction - YACHTS up to 24 meters Registration Under l2m l2m-24m Privately Operated Yacht USD$350 USD$460 Commercially Operated Yacht USD$750 USD$1000 Transmission, Transfer, Change of Ownership Under 12m 12m-24m Privately Operated Yacht USD$l20 USD$150 Commercially Operated Yacht USD$225 USD$300 Renewal of Registra Lion - Permanent (yearly) Under 12m 12m-24m Privately Operated Yacht USD$l20 USD$150 Commercially Operated Yacht USD$225 USD$300 Renewal of Registration - Bareboat Charter (every two years) The Merchant Shipping (Registration of Ships) Regulations, 2011 Under 12m Privately Operated Yacht USD$200 Commercially Operated Yacht USD$420 CARGO VESSELS Registration Under I 00 gross tonnage I O 1 - 250 gross tonnage USD$650 USD$1000 Transmission, Transfer, Change of Ownership Under I 00 gross tonnage 101 - 250 gross tonnage USD$520 USD$800 Renewal of Registration - Permanent (yearly) Under 100 gross tonnage 101 250 gross tonnage USD$195 USD$300 46 Renewal of Registration - Bareboat Charter (every two years) Und1.'1" I 00 gross tonnage I O I - 250 gross tonnage USD$520 USD$800 2011, No. SS 12m-24m USD$250 USD$550 251 - 500 gross tonnage USD$2700 2S 1 - 500 gross tonnage USD$216u 251 - 500 gross tonnage USD$810 25 I - 500 gross tonnnge USD$2160 2011, No. 55 47 The Merchant Shipping (Registration of Ships) Regulation, 2011 NINTH SCHEDULE ADOMS FEES -ACCOMPANYING SERVICES Administration Fee (for all transactions) USO$100 ., Administrative Hourly Rate (for all transactions) USD$60 Statutory Morteaee Registration, Discharge/Deletion oJ a Mort~ Transfer of a Mortgage, Transmission of a Mortgage under 250 gross tonnage 251 - 500 gross tonnage over 500 gross tonnage USO$200 USD$275 USO$375 Statutory Mortgage Registration - Priority Notice USD$175 Alteration to a Registered Ship (except change of ownership) USD$150 Name Reservation before Registration VSl)$250 LRIT Conformance Test Report (Certificate) USD$200 Continuous Synopsis Record USO$150 Temporary Pass Certificate USD$250 Deletion Certificate USO$l50 Transcripts USO$150 Regislraliun Status Change (privalt: Lu 1.:um111i:n:i1d aud vii.:t: vi:1:sa) USD$200 Certificate Re-issue (for any reason) USD$150 Register Book Inspection USD$75 Reproces:;inJ.?; of a.ny document not executed in the specified time frame USD$75 The Merchant Shipping (Registration of Ships) Regulations, 201 I Services - Crew Certification Aoolication Fee (to be submitted with application) Seafarer's Book Endorsement Aoolication Renewal nr Reissue of ~eafarer's: Documents: Services - Survevs and Tnsnectiom, Consultation Rate Professional Survey Hourly Rate (after two hours) Initial Safetv lnsnection (minimum char2e) under 10m IOm- 24m USD$200 USD$475 Annual Safetv Inspection (minimum char2el under lOm 10m-24m USD$100 USD$240 Tonna2e Measurement Survey under IOm 10m-24m USD$300 USD$400 48 2011, No. 55 USD$:2S USD$80 USD$2S0 USD$200 USD$250 USD$200 over24m USD$750 over24m USD$375 over 24m USD$800 201 L No. 55 49 Made the 29th day of July.2011. The Mere hunt Shipping ( Registration of Ships) Regulation, 2011 Hon. \V. Baldwin Spencer, Prime Afinister and Afinister responsible fc>r Aferchant Shipping and Ship Registration.