The Merchant Shipping (Registration of Ships) Regulations 1993

UK Statutory Instrument 1993 No. 3138 — creates 8 criminal offences.

Made

14 December 1993

In force from

21 March 1994

Extent

Not stated

Subject

Education, social security, pensions and public services

Made under

Schedule 1 to, the Merchant Shipping (Registration, etc.) Act 1993

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.

The Regulations provide for the registration of merchant ships, fishing vessels and small ships in accordance with the Merchant Shipping (Registration, etc.) Act 1993. The Regulations determine who are qualified to register such ships in the United Kingdom (and thus meet the United Kingdom’s EC obligations under the two cases R v. Secretary of State for Transport, ex parte Factortame (Case C.221/89) and Commission v. United Kingdom (Case c.246/89)).They also provide for the necessary British connection in certain cases where the owner is not resident in the United Kingdom. The Regulations provide for methods of application and renewal for registration, and for registration of transfers and mortgages.They lay down requirements as to naming, measurement and marking.They provide for refusal or termination of registration in certain cases; and for provisional registration. The Regulations also provide for the registration in a separate part of the register of ships bareboat chartered-in to persons qualified to own British ships, in accordance with section 7 of the Act of 1993. There are transitional provisions providing for the continued validity of existing certificates for up to five years. A compliance cost assessment has been prepared and copies can be obtained from the Department of Transport, Room P2/075, 2 Marsham Street, London SW1P 3EB.A copy has been placed in the library of each House of Parliament.

Offences created by this instrument

• Custody of certificate regulation 109(2) · Status not determined · Strict liability
• Any person who, with intent to deceive, uses or lends or allows to be used by another, a certificate of registry… regulation 114(1) · Status not determined · Requires proof of a state of mind
• It shall be an offence on the part of the owner or master of a registered ship if any of the marks required by these… regulation 114(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 114(4) · Status not determined · Strict liability
• Any person who in connection with the registration of a ship knowingly or recklessly furnishes information which is… regulation 114(5) · Status not determined · Requires proof of a state of mind
• Any person who intentionally alters, suppresses, conceals or destroys a document which he has been required by these… regulation 114(6) · Status not determined · Requires proof of a state of mind
• The offences specified in regulations 49 and 84 (Notification of changes) and in paragraphs (1), (4), (5) and (6) of… regulation 114(7) · Status not determined · Strict liability
• Notification of changes of ownership etc regulation 49(3) · 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.

• British Vessels (Flagging) Commons · Commons Chamber · 11 October 2005 · The Minister of State, Department for Transport (Dr. Stephen Ladyman)

  Ships entered on the UK registry must demonstrate compliance with international conventions and standards, and meet all the provisions of the Merchant Shipping Act 1995 and the Merchant Shipping (Registration of Ships) Regulations 1993. A United Kingdom-registered ship is entitled to fly the red ensign, and to operate anywhere in the world. Wherever they sail, UK ships are subject to applicable domestic laws and international conventions to which the UK is a state party.

• Fisheries (Amendment) (EU Exit) Regulations 2019 Lords · Lords Chamber · 6 February 2019 · The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)

  My Lords, the instrument before your Lordships makes minor, technical amendments to primary and secondary domestic legislation in order to make domestic fisheries legislation operable, as part of having a working statute book after exiting the EU. There are no changes to policy made by this instrument; it makes the necessary corrections to ensure that our domestic fisheries law remains fully functional after we leave the EU. Section 2.3 of the Explanatory Memorandum sets out the three pieces of primary legislation and 10 pieces of secondary legislation amended by this instrument. The…

• Fisheries Bill [Lords] (Third sitting) Commons · Public Bill Committees · 10 September 2020 · Victoria Prentis

  I do believe that, under the laws that regulate the way that vessels fish internationally, it is right that flag states should be responsible for the licensing conditions and health and safety regulations of their own vessels. It may assist the hon. Gentleman to learn that under the Merchant Shipping (Registration of Ships) Regulations 1993, regulation 56(1), a foreign-owned UK flag vessel can be removed from the register like any UK vessel. What we cannot do is interfere in the licensing regimes of other flag states.

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 1993