Section 8Part 2 — REGISTRATION OF SHIPS
Termination of registration
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8. (1) The Registrar of Shipping may, subject to subsection (5), terminate a ship’s registration —
where the Chief Executive Officer is satisfied that —
having regard to the matters mentioned in section 7(1)(a), (b), (c) or (d), it would be detrimental to the interests of the Islands or of international shipping for a registered ship to continue to be registered; contravention of this Act, or of any instrument in force under this Act, has remained unpaid for a period of more than three months and no appeal against the penalty is pending; or of a registered ship and the owner has failed to appear at the time and place appointed and a period of not less than three months has elapsed since that time, and the Chief Executive Officer so informs the Registrar of Shipping; Merchant Shipping Act, 2024 Section 8 c Act 1 of 2024 Page 27
a penalty imposed on the owner of a registered ship in respect of a
a summons for any such contravention has been served on the owner
if the annual tonnage fees of a registered ship have remained unpaid for a period of more than two years;
if a registered ship is no longer entitled to remain registered;
on application by the registered owner stating that the registered owner wishes to terminate the registration of the ship;
upon a registered ship becoming a total loss or being otherwise destroyed; or
if section 6(1)(b) is contravened.
In the event of a registered ship being in a condition referred to in subsection (1)(e), every registered owner of the ship or a share in the ship shall, immediately upon obtaining knowledge of the event, inform the Registrar of Shipping who shall make an entry thereof in the register.
Where —
the registration of a ship is terminated under subsection (1), the Registrar of Shipping shall notify all registered mortgagees of the closure of the ship’s registration, and a mortgagee’s interest in respect of the ship shall remain registered except where it is proved that the mortgagee was privy to the possibility of the ship being used for criminal purposes, in which case the registration of the mortgagee’s interest in the ship shall be deleted; and
the registration is terminated under subsection (1)(d) or (e), the Registrar of Shipping shall without delay issue a closure transcript to the owner of the ship.
On receipt of the closure transcript referred to in subsection (3)(b), the owner shall immediately surrender the ship’s certificate of registry to the Registrar of Shipping for cancellation.
Where —
the circumstances referred to in subsection (1)(a) apply, and it appears to the Registrar that subsection (1)(b), (c) or (f) apply, the Registrar may serve notice on the owner or on any representative person for the time being appointed in relation to that ship to produce, no later than twenty- one days after service of the notice, evidence sufficient to satisfy the Chief Executive Officer or the Registrar of Shipping, that the ship is eligible to remain on the register;
at the expiry of the period of twenty-one days specified in paragraph (a), the Chief Executive Officer or the Registrar of Shipping is not satisfied in accordance with paragraph (a), the Registrar may —
extend the notice and ask for further information or evidence; or Section 9 Merchant Shipping Act, 2024 Page 28 Act 1 of 2024 c of the termination of the ship’s registry, and such termination shall take effect seven days after the service of that notice;
serve a final notice informing the owner or the representative person
the Registrar of Shipping serves a notice under this subsection on the owner of a ship in respect of which a mortgage is registered, the Registrar shall send a copy of that notice to the mortgagee at the address recorded for the mortgagee in the register;
a ship’s registration is terminated under this subsection —
the owner shall, immediately on being notified of the termination of the registration of the ship, surrender its certificate of registry forthwith to the Registrar; and payable to the Maritime Authority with respect to the ship have been paid to the Registrar’s satisfaction.
the Registrar shall issue a closed transcript after any outstanding fees
A person who —
in connection with the making of any representations under subsection (5)(a), knowingly or recklessly furnishes information which is false in a material particular commits an offence and is liable —
on summary conviction to a fine of five thousand dollars; or
on conviction on indictment to a fine of ten thousand dollars; or
fails, without reasonable cause to surrender a certificate of registry when required to do so under subsection (4) or (5), commits an offence and is liable on summary conviction to a fine of three thousand dollars.
Referenced By
- Section 74 — Mortgage of ship or share
reference to section 8(1)(d)