Merchant Shipping (Registration) Regulations (Cap. 48.28.2)

2008 Revised Edition CAP. 48.28.2 MERCHANT SHIPPING (REGISTRATION) REGULATIONS Merchant Shipping (Registration) Regulations CAP. 48.28.2 Arrangement of Regulations 2008 Revised Edition Page 3 MERCHANT SHIPPING (REGISTRATION) REGULATIONS Arrangement of Regulations Regulation PART I - PRELIMINARY 5 1 Citation................................................................................................................... 5 2 Interpretation.......................................................................................................... 5 PART II - MARKING 5 3 Marking of ship...................................................................................................... 5 4 Details of marking ................................................................................................. 6 PART III - REGISTRATION 6 5 Application for registration.................................................................................... 6 6 Declaration of ownership....................................................................................... 7 7 Registration............................................................................................................ 7 8 Certificate of registry ............................................................................................. 8 9 Provisional certificate of registry........................................................................... 8 PART IV – CHANGES AND TRANSFERS 8 10 Change in ownership ............................................................................................. 8 11 Registry of alterations ............................................................................................ 8 12 Bill of sale.............................................................................................................. 8 13 Declaration of transfer ........................................................................................... 8 14 Transmissions ........................................................................................................ 9 PART V - MORTGAGES 9 15 Mortgage................................................................................................................ 9 16 Discharge of mortgage........................................................................................... 9 17 Transfer of mortgage ............................................................................................. 9 Arrangement of Regulations CAP. 48.28.2 Merchant Shipping (Registration) Regulations 2008 Revised Edition Page 4 18 Transmission of interest in mortgage .....................................................................9 PART VI - MANAGING OWNER 9 19 Managing Owner....................................................................................................9 PART VII – CHANGE OF NAME 9 20 Change of name......................................................................................................9 PART VIII - FEES 10 21 Fees ......................................................................................................................10 SCHEDULE 11 APPLICATION FOR REGISTRATION 11 DECLARATION OF OWNERSHIP 12 CERTIFICATE OF REGISTRY 14 PROVISIONAL CERTIFICATE OF REGISTRY 15 BILL OF SALE 16 DECLARATION OF TRANSFER 17 DECLARATION OF TRANSMISSION 19 MORTGAGE 21 DISCHARGE OF MORTGAGE 23 TRANSFER OF MORTGAGE 24 DECLARATION OF TRANSMISSION OF MORTGAGE 25 REGISTRATION OF MANAGING OWNER 26 APPLICATION TO CHANGE NAME OF SHIP 27 Supporting Documents ENDNOTES 28 Merchant Shipping (Registration) Regulations CAP. 48.28.2 Regulation 1 2008 Revised Edition Page 5 MERCHANT SHIPPING (REGISTRATION) REGULATIONS MADE UNDER SECTION 141 OF THE MERCHANT SHIPPING ACT PART I - PRELIMINARY 1 Citation These Regulations may be cited as the Merchant Shipping (Registration) Regulations. 2 Interpretation In these Regulations, unless the context otherwise requires — “the Act” means the Merchant Shipping Act;1 “Registrar” means the Registrar of Ships; “section” means the relevant section of the Act. PART II - MARKING 3 Marking of ship In terms of section 12 a ship shall be marked on — (a) each side of her bow by her name; (b) her stern, by her name followed by the port of registry name Funafuti; and Regulation 4 CAP. 48.28.2 Merchant Shipping (Registration) Regulations 2008 Revised Edition Page 6 (c) each side of her stern and of her stern post by a scale of decimetres or of metres and decimetres denoting her draught of water. 4 Details of marking (1) The marking referred to in regulation 3 (a) and (b) shall be in — (a) white or yellow letters on a dark ground; or (b) black letters on a light ground, being letters of a height of not less than one decimetre and of proportionate breadth. (2) The marking referred to in regulation 3 (c) shall be — (a) in white or yellow figures on a dark ground; or (b) in black figures on a light ground, being figures that are — (c) welded on or cut into the ship; (d) of a height of not less than one decimetre and of proportionate breadth; (e) where the scale is in decimetres, at each interval of two decimetres; and (f) where the scale is in metres and decimetres, at each metre interval and at each intervening two decimetre interval. (3) In the case of figures denoting the scale of draught of a ship — (a) the capital letter ‘M’ shall be placed after each metre figure in the manner and style of each metre figure; (b) the topmost figure of the scale shall show — (i) the metre; and (ii) except where that figure marks a full metre interval. the decimetre, denoted by the figure; and (c) the lower line of each figure shall coincide with the draught line denoted by each figure. PART III - REGISTRATION 5 Application for registration (1) In terms of sections 8 and 13, an application for registration of a ship shall be in Form 1 in the Schedule. (2) Subject to sub-regulation (3), an application under sub-regulation (1) shall be accompanied by — (a) a certificate signed by the builder of the ship and containing — Merchant Shipping (Registration) Regulations CAP. 48.28.2 Regulation 6 2008 Revised Edition Page 7 (i) a description of the ship; (ii) the estimated tonnage of the ship; (iii) the date and place of construction of the ship; and (iv) the name of the person (if any) on whose account the ship was built; (b) where the ship has been registered under a law of a country other than Tuvalu, evidence that registration in that country has ceased; (c) evidence that the applicant is the owner of the ship; (d) a declaration of ownership; and (e) the fee payable in terms of regulation 21, and shall include a list of not less than three alternative names, numbered in order of preference, under which the ship is proposed to be registered. (3) Where a certificate referred to in sub-regulation (2)(a) cannot be obtained the applicant shall — (a) make a declaration to that effect; and (b) annex the declaration to the application under sub-regulation (1) . 6 Declaration of ownership A declaration of ownership under section 14 shall be in Form 2 in the Schedule. 7 Registration (1) Where the Registrar is satisfied under section 15(1) that a ship may be registered and on payment of the prescribed fee under regulation 21, he shall — (a) allot a registry number to the ship; and (b) enter into the Register — (i) the registry number so allotted; (ii) the name of the ship; (iii) such particulars of the construction or origin of the ship as appear to him to be relevant; (iv) the name and description of each owner of the ship; and (v) the proportions in which the owners, if more than one, own the ship; and (c) grant a certificate of registry in respect of the ship. (2) On registration of a ship the Registrar shall retain — (a) the certificate of the builder; Regulation 8 CAP. 48.28.2 Merchant Shipping (Registration) Regulations 2008 Revised Edition Page 8 (b) any evidence as to title to the ship which was annexed to the application for registration; (c) the declaration of ownership; and (d) any other document or certificate which he considers should be so retained. 8 Certificate of registry A certificate of registry of a ship under section 16 shall be in Form 3 in the Schedule. 9 Provisional certificate of registry A provisional certificate of registry of a ship under section 18 shall be in Form 4 in the Schedule. PART IV – CHANGES AND TRANSFERS 10 Change in ownership Where a change occurs in the registered ownership of a ship and is notified to the Registrar under section 20, he shall — (a) enter into the Register the details of the change; and (b) endorse, or cause to be endorsed, upon the certificate of registry of the ship the details so entered. 11 Registry of alterations Where under section 22 the Registrar causes the alteration of a ship to be registered, he shall enter into the Register — (a) reference to the new tonnage certificate of the altered ship; and (b) the number of the new certificate of registry granted under section 22 (5). 12 Bill of sale A bill of sale under section 23 shall be in Form 5 in the Schedule. 13 Declaration of transfer A declaration of transfer under section 24 shall be in Form 6 in the Schedule. Merchant Shipping (Registration) Regulations CAP. 48.28.2 Regulation 14 2008 Revised Edition Page 9 14 Transmissions A declaration of a transmission under section 26 shall be in Form 7 in the Schedule. PART V - MORTGAGES 15 Mortgage A mortgage under section 30 shall be in Form 8 in the Schedule. 16 Discharge of mortgage A discharge of mortgage under section 31 shall be in Form 9 in the Schedule. 17 Transfer of mortgage A transfer of mortgage under section 34 shall be in Form 10 in the Schedule. 18 Transmission of interest in mortgage A declaration of transmission of interest in mortgage under section 35 shall be in Form 11 in the Schedule. PART VI - MANAGING OWNER 19 Managing Owner The registration under section 45 of the name and address of a ship’s managing owner, ship’s husband or other person, or of a change in that name and address, shall be made in Form 12 in the Schedule. PART VII – CHANGE OF NAME 20 Change of name (1) Where the owner of a ship that is registered under the Act seeks to change the name of the ship under section 46(2), he may apply to the Registrar. (2) An application under sub-regulation (1) shall be in Form 13 in the Schedule. (3) Where the Registrar approves an application under this regulation, he shall — Regulation 21 CAP. 48.28.2 Merchant Shipping (Registration) Regulations 2008 Revised Edition Page 10 (a) notify the applicant; (b) enter the new name of the ship into the Register; and (c) cause the new name of the ship to be endorsed on the certificate of registry of the ship. PART VIII - FEES 21 Fees (1) In this regulation, “the length of the ship” means the length of the ship recorded in the tonnage certificate. (2) Subject to sub-regulation (3), the fee payable on the registration of a ship is $10 for every metre, or part of a metre, in the length of ship. (3) The minimum fee payable on registration of a ship is $200. (4) The fee payable on lodgement of Form 5, 6, 7, 8, 9, 10, 11, 12 or 13 is $50. (5) No fees are payable under this regulation in respect of a Government ship. Merchant Shipping (Registration) Regulations CAP. 48.28.2 SCHEDULE 2008 Revised Edition Page 11 SCHEDULE FORMS FORM 1 - Regulation 5(1) APPLICATION FOR REGISTRATION (sections .8 & 13) To: The Registrar of Ships, Funafuti, Tuvalu 1. I/We* am/are* owner(s)* of share(s) in (name of ship) 2. I/We* hereby apply for registration of the above described ship. 3. In support of this application I/We* attach the following : — (a) builder’s certificate;* (b) evidence that previous registration has ceased;* (c) evidence of my/our* ownership (d) declaration of ownership (Form 2) 4. The proposed registry name of the ship is (1) (2) (3) (alternatives in order of preference) 5. I/We* enclose the prescribed fee under regulation 21 of $ ..................................* ............................................... ................................................... Signature(s) of Applicant(s) * Strike out whichever is not applicable. SCHEDULE CAP. 48.28.2 Merchant Shipping (Registration) Regulations 2008 Revised Edition Page 12 FORM 2 - Regulation 6 DECLARATION OF OWNERSHIP (section 14) I make this declaration in respect of the ownership of . (name of ship) I declare as follows: — 1. I am a person authorised under the Common Seal of (in this declaration called the ‘corporation’) to make declarations on behalf of the corporation.* 2. +I am a citizen of Tuvalu (or)* The corporation is — (a) established by an Act of Parliament of Tuvalu;* or (b) estab1ished/registered* in Tuvalu and has a place of business in Tuva1u.* 3. +The ship — (a) is/will be* engaged in near coastal trade or Pacific region trade within the meaning of the Act; and (b) is/will be* manned by a crew, not less than 50% of whom are citizens of Tuvalu. 4..The above-general description of the ship is correct and lithe corporation am/is* entitled to be registered — (a) as owner of .............................share(s) in the ship and/or* (b) as joint owner(s) with several other persons whose names are hereunder written, of ....................... share(s) in the ship. Merchant Shipping (Registration) Regulations CAP. 48.28.2 SCHEDULE 2008 Revised Edition Page 13 Name(s) and address(es) of Joint Owner(s) and Number of Share(s) 5. Other than the share(s) described in Paragraph 4 above the shares in the ship are owned as follows: — Name of Owner . Address of Owner . Number of Shares . 6. ++To the best of my knowledge and belief no person or corporation other than a person or corporation that is a qualified person as defined in the Act is entitled as owner to any legal or beneficial interest in the ship. 7. The ship was constructed at ........................................on . 8. The ship is not registered in any other country. 9. I believe that all the owners of the ship are of good repute. I, , do solemnly and sincerely declare that all information and particulars given in the above the true and correct, AND I MAKE this solemn declaration conscientiously believing the statements contained therein to be true and correct in every particular . .................................. (SIGNATURE) DECLARED AT the........ day of ................................20.......... in terms of section 131 of the Act before me (name) (address) being the Registrar of Ships/a magistrate/a notary public/a Commissioner for Oaths/a diplomatic representative of Tuvalu.* ....................................... (Signature of person taking declaration) * Strike out whichever is not applicable. + Strike out 2 or 3 if not applicable. ++ Strike out 6 if application for registration made under section 8(2). SCHEDULE CAP. 48.28.2 Merchant Shipping (Registration) Regulations 2008 Revised Edition Page 14 FORM 3 - Regulation 8 CERTIFICATE OF REGISTRY (section 26). NO: .............. Name of Ship: Registry No: Registry Dimensions: Length ..............................metres Breadth ......................metres Number of Decks: Number of Bu1kheads: Framework and Description of Ship: Cubic Metres Tons Gross: ............................ ............................ Tonnage of Ship: Net: ............................ ............................ Tonnage Certificate No: I hereby certify that the above description of . Registry No is in accordance with the Register Book held at Funafuti and that the person{s) registered as owner(s) is/are* as follows Name{s) and address(es) of owner(s) No. of shares: REGISTRAR OF SHIPS ............................................ DATE:...................................... * Strike out whichever is not applicable. Merchant Shipping (Registration) Regulations CAP. 48.28.2 SCHEDULE 2008 Revised Edition Page 15 FORM 4 - Regulation 9 PROVISIONAL CERTIFICATE OF REGISTRY (section 18) Name of Ship: Previous Port of Registry: Previous Registry (or equivalent) No: Cubic Metres Tons Gross: ............................ ............................ Tonnages: Net: ............................ ............................ Name of Builder: Place of Construction: Registry Dimensions: Length ..............................metres Breadth ......................metres Number of Decks: Number of Bulkheads: Framework and Description of Ship: Name(s) and address(es) of owner(s) No. of Shares Name of Master: I hereby grant this provisional certificate of registry in respect of the above described ship. ..................................................... Registrar of Ships/Diplomatic Officer/Authorised Person DATE:....................................... SCHEDULE CAP. 48.28.2 Merchant Shipping (Registration) Regulations 2008 Revised Edition Page 16 FORM 5 - Regulation 12 BILL OF SALE (section 23) I/We* . being registered as owner(s) of share(s) in (name of ship) Registry Number in consideration of paid to me/us* by . the receipt of which is hereby acknowledged, do hereby transfer to the said ............................... all my/our* estate or interest in .................share(s) in the said ship. IN WITNESS WHEREOF I/We have hereunto subscribed my/our* name(s)* at ....................................................the ………………..day of……………. 20.... SIGNED in my presence by the said ................................................ who is/are* personally known to me ........................................................... Transferor(s) ACCEPTED SIGNED in my presence by the said ................................................ who is/are* personally known to me ........................................................... Transferee(s) Fee $50 * Strike out whichever is not applicable. Merchant Shipping (Registration) Regulations CAP. 48.28.2 SCHEDULE 2008 Revised Edition Page 17 FORM 6 - Regulation 13 DECLARATION OF TRANSFER (section 24) I make this declaration in respect of the ownership of (name of ship) Registry No: 1. I am a person authorised under the Seal of (in this declaration called the ‘corporation’) to make declarations on behalf of the corporation.* 2. +1 am a citizen of Tuvalu (or)* The corporation is — (a) established by an Act of Parliament of Tuva1u;* or (b) estab1ished/registered* in Tuvalu and has a place of business in Tuva1u* 3. I/the corporation* am/is* entitled to be registered — (a) as owner of ............................share(s) in the above described ship and/or* (b) as joint owner, with the several other persons whose names are hereunder written, of ...................................................................share(s)* in the ship. Name(s) and address(es) of Joint Owner(s) and Number of Shares 4. +To the best of my knowledge and belief no person or corporation other than a person or corporation that is a qualified person as defined in the Act is entitled as owner to any legal or beneficial interest in the ship. SCHEDULE CAP. 48.28.2 Merchant Shipping (Registration) Regulations 2008 Revised Edition Page 18 I., do solemnly and sincerely declare that all information and particulars given in the above are true and correct, AND I MAKE this solemn declaration conscientiously believing the statements contained therein to be true and correct in every particular . .................................. (SIGNATURE) DECLARED AT the........ day of ................................20.......... in terms of section 131 of the Act before me (name) (address) being the Registrar of Ships/a magistrate/a notary public/a Commissioner for Oaths/a diplomatic representative of Tuvalu.* .......................................................... (Signature of person taking declaration) Fee $50 * Strike out which ever is not applicable. ++ Strike out in the case of the transmission of a ship registered under section 8(2). Merchant Shipping (Registration) Regulations CAP. 48.28.2 SCHEDULE 2008 Revised Edition Page 19 FORM 7 - Regulation 14 DECLARATION OF TRANSMISSION (section 26) I make this declaration in respect of the ownership of (name of ship) Registry Number I declare that — 1. I am a person authorised under the Common Seal of (in this declaration called the ‘corporation’), to make declarations on behalf of the corporation.* 2. I am a citizen of Tuvalu (or)* The corporation is (a) established by an Act of Parliament of Tuvalu; or (b) established/registered* in Tuvalu and has a place of business in Tuvalu* The ship is engaged in near coastal trade or Pacific region trade within the meaning of the Act and is manned by a crew not less than 50% of whom are Tuvaluan citizens. 3. By transmission from I/the corporation* am/is* entitled to be registered — (a) as owner of ..........................share(s) in the above described ship; and/or* (b) as joint owner, with the several other persons whose names are hereunder written, of ................................................................share(s) in the ship. Name(s) and address(es) of Joint Owner(s) and Number of Share(s) I ...........................................................................of SCHEDULE CAP. 48.28.2 Merchant Shipping (Registration) Regulations 2008 Revised Edition Page 20 do solemnly and sincerely declare that all information and particulars given in the above are true and correct, AND I MAKE this solemn declaration conscientiously believing the statements contained therein to be true and correct in every particular . .................................. (SIGNATURE) DECLARED AT the........ day of ................................20.......... in terms of section 131 of the Act before me (name) (address) being the Registrar of Ships/a magistrate/a notary public/a Commissioner for Oaths/a diplomatic representative of Tuvalu.* .......................................................... (Signature of person taking declaration) Fee $50 * Strike out whichever is not applicable. Merchant Shipping (Registration) Regulations CAP. 48.28.2 SCHEDULE 2008 Revised Edition Page 21 FORM 8 - Regulation 15 MORTGAGE (section 30 I/We* being the registered owner(s) of share(s) in (name of ship ) Registry No in consideration of ( ) lent to me/us* by the receipt of which is hereby acknowledged, do for the purpose of securing the payment in the names hereinafter mentioned of the said principal sum and interest thereon, hereby mortgage to the said all my/our* estate or interest in share(s) in the said ship and for the consideration aforesaid I/We* do hereby convenant with the said as follows: — Firstly to pay to him/them* the said sum of together with interest thereon at the rate of percent per annum on the ........................day of ..........................................................next; and Secondly that if the said principal sum is not paid on the said day I/We* will, during such time as the same or any part thereof remains unpaid, pay to him/them* interest on the whole or such part thereof as may for the time being remain unpaid, at the rate of percent per annum, by equal half yearly payments on the day of in every year; and SCHEDULE CAP. 48.28.2 Merchant Shipping (Registration) Regulations 2008 Revised Edition Page 22 Lastly that I/We* have power to mortgage in manner aforesaid the above-mentioned shares, and that the same are free from incumbrances [save as appears by the registry of the said ship *] [or insert convenants as appropriate] IN WITNESS WHEREOF I/We have hereunto subscribed my/our* name(s)* at ...............................................................................................the day of 20............................................ SIGNED in my presence by the said ................................................ who is/are* personally known to me ........................................................... Mortgagor) ACCEPTED SIGNED in my presence by the said ................................................ who is/are* personally known to me ........................................................... Mortgagee Fee $50 * Strike out whichever is not applicable. Merchant Shipping (Registration) Regulations CAP. 48.28.2 SCHEDULE 2008 Revised Edition Page 23 FORM 9 - Regulation 16 DISCHARGE OF MORTGAGE (section 31) Registered No. of Mortgage Date of Mortgage Name, Registry No. of Ship In consideration of the Mortgagor having performed all the conditions required by him to be performed I/We* hereby discharge Mortgage Registered No IN WITNESS WHEREOF I/We have hereunto subscribed my/our* name(s)* at ...............................................................................................the day of 20............................................ SIGNED in my presence by the said ................................................ who is/are* personally known to me ........................................................... Mortgagee) Fee $50 * Strike out whichever is not applicable. SCHEDULE CAP. 48.28.2 Merchant Shipping (Registration) Regulations 2008 Revised Edition Page 24 FORM 10 - Regulation 17 TRANSFER OF MORTGAGE (section 34) Registered No. of Mortgage Date of Mortgage Name, Registry No. of Ship I/We* in consideration of ( ) paid to me/us* by the receipt of which I/we hereby acknowledge, do hereby transfer to the said the whole of my/our* interest in Mortgage Registered No IN WITNESS WHEREOF I/We have hereunto subscribed my/our* name(s)* at ...............................................................................................the day of 20............................................ SIGNED in my presence by the said ................................................ who is/are* personally known to me ........................................................... Transferor(s) ACCEPTED SIGNED in my presence by the said ................................................ who is/are* personally known to me ........................................................... Transferee(s) Fee $50 * Strike out whichever is not applicable. Merchant Shipping (Registration) Regulations CAP. 48.28.2 SCHEDULE 2008 Revised Edition Page 25 FORM 11 - Regulation 18 DECLARATION OF TRANSMISSION OF MORTGAGE (section 35) I/We* make this declaration in respect of the interest of …………… in Mortgage Registered No …. over the security of ............... share(s)* in ..........................(name of ship) Registry No. of Ship I declare that: 1. I am a person authorised under the Common Seal of (hereinafter called the ‘corporation’) to make declarations on behalf of the corporation.* 2. The circumstances in which the interest of the said is transmitted to me/us/the corporation* are as follows: — I/We* attach the following: I, ...................................................................of do solemnly and sincerely declare that all information and particulars given in the above are true and correct, AND I MAKE this solemn declaration conscientiously believing the statements contained therein to be true and correct in every particular . .................................. (SIGNATURE) DECLARED AT the........ day of ................................20.......... in terms of section 131 of the Act before me (name) (address) being the Registrar of Ships/a magistrate/a notary public/a Commissioner for Oaths/a diplomatic representative of Tuvalu.* .......................................................... (Signature of person taking declaration) Fee $50 * Strike out whichever is not applicable. SCHEDULE CAP. 48.28.2 Merchant Shipping (Registration) Regulations 2008 Revised Edition Page 26 FORM 12 - Regulation 19 REGISTRATION OF MANAGING OWNER (section 45). To: The Registrar of Ships Funafuti, Tuvalu Name of Ship Registry No I/We* (name)’ of (address) (telephone) (telex) am/are* the managing owner/ship’s husband/person entrusted by or on behalf of the owner with the management* of the above described ship . ..................................... (SIGNATURE) ......................................... (DATE) Fee $50 * Strike out whichever is not applicable. Merchant Shipping (Registration) Regulations CAP. 48.28.2 SCHEDULE 2008 Revised Edition Page 27 FORM 13 - Regulation 20(2) APPLICATION TO CHANGE NAME OF SHIP (section 46 (2)) To: The Registrar of Ships Funafuti, Tuvalu Name of Ship Registry No 1. I/We* am/are* owner(s) of share(s) in the above described ship. 2. I/We* hereby apply to change the name of the above described ship. 3. In order of preference the name by which I/We* wish the above described ship to be known in future is: — (1) . (2) (3) ..................................................... (APPLICANT(S)) ............................................ (DATE) Fee $50 * Strike out whichever is not applicable. Endnotes CAP. 48.28.2 Merchant Shipping (Registration) Regulations 2008 Revised Edition Page 28 ENDNOTES 1 Cap. 48.28