The Merchant Shipping (Registration of Fishing Vessels) Regulations 1988
UK Statutory Instrument 1988 No. 1926 — creates 4 criminal offences.
- Made
- 2 November 1988
- In force from
- 1 December 1988
- Extent
- Not stated
- Subject
- Transport: maritime, aviation, rail and harbours
- Made under
- Schedules 2 and 3 to, the Merchant Shipping Act 1988
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
Part II of the Merchant Shipping Act 1988, which comes into force on the making of these Regulations, provides that there shall be a new registration system for fishing vessels. These Regulations provide for the establishment of one central register for the whole of the United Kingdom which will be at the offices of the Registrar General of Shipping and Seamen in Cardiff. However notwithstanding that registration is centralised vessels will be registered as belonging to a particular port of registry and the existing system of marking vessels with port letters and numbers will continue. Under the Act, only British owned vessels as therein defined which fish for profit are eligible for registry. The Regulations require a declaration of British Character to be completed and signed by all owners applying for registry in order to provide evidence to the Secretary of State that the ownership of the vessel fulfils the requirements of the Act. Provision is made for two kinds of registration, full (under which mortgages may be registered) and simple. Formal documents of title are required in support of applications for full registration but not applications for simple registration though all applications must be accompanied by declarations of ownership. Registrations of both kinds will expire after five years unless renewed. There are provisions concerning the form of registered mortgages and the evidence required on transmission of a mortgage. There are also provisions for mortgages registered in the registers established under legislation now repealed on vessels which are not transferred to the new register to remain enforceable and for their priority to be preserved if the vessel subsequently becomes registered. Provision is also made for the priority of mortgages on vessels registered in the new register which transfer to the register for merchant ships under Part I of the Merchant Shipping Act 1894 (which is no longer open to fishing vessels) or vice versa to be preserved. Provision is made for provisional registration of vessels acquired abroad but such registry will only last for three months and will terminate if the vessel fishes for profit whilst so registered. There are provisions for vessels on the existing registers whether under the Merchant Shipping Act 1894 or the Fishing Boats (Scotland) Act 1886, to transfer to the new register during the transitional period which is 1st December 1988 to 31st March 1989. It is made an offence to use a certificate with intent to deceive, to fail to keep the vessel marked as required or to surrender a certificate of registry when required to do so. The address of the Register General of Shipping and Seamen is Block 2, Government Buildings, PO Box 165, St Agnes Road, Galbalfa, Cardiff CF4 4UX.
Offences created by this instrument
- Any person who, with intent to deceive, uses or lends or allows to be used by another, a Certificate of Registry,… regulation 65(1) · Status not determined · Requires proof of a state of mind
- It shall be an offence on the part of the owner and skipper of a vessel if any of the marks required by Schedule 3 to… regulation 65(2) · Status not determined · Strict liability
- Any person who fails, without reasonable cause to surrender a Certificate of Registry when required to do so by… regulation 65(4) · Status not determined · Strict liability
- The offences specified in paragraph (1), (2) and (4) of this regulation shall be punishable on summary conviction as… regulation 65(5) · Status not determined · Strict liability
What Parliament said about it
Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.
- Adjournment (Easter And Monday 1 May)
Commons · Commons Chamber · 13 March 1989 · Mr. Tony Benn (Chesterfield)
The point I wish to raise bears on what the hon. Member for Stafford (Mr. Cash) has just said. It would be inconceivable for the House to adjourn for Easter without recording the fact that last Friday the High Court disallowed an Act which was passed by this House and the House of Lords and received Royal Assent—the Merchant Shipping Act 1988. The High Court referred the case to the European Court. Fortunately "Erskine May" makes it clear that matters before the European Court are not sub judice according to the rules of the House. I am not making any comment that would breach the rules of…
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 1988