Merchant Shipping (Registration, etc.) Act 1993

Transfers etc. of registered ships

2(1)Any transfer of a registered ship, or a share in such a ship, shall be effected by a bill of sale satisfying the prescribed requirements, unless the transfer will result in the ship ceasing to have a British connection.

(2)Where any such ship or share has been transferred in accordance with sub-paragraph (1) above, the transferee shall not be registered as owner of the ship or share unless—

(a)he has made the prescribed application to the registrar; and

(b)the registrar is satisfied that the ship retains a British connection and that he would not refuse to register the ship.

(3)If an application under sub-paragraph (2) above is granted by the registrar, the registrar shall register the bill of sale in the prescribed manner.

(4)Bills of sale shall be registered in the order in which they are produced to the registrar for the purposes of registration.

3(1)Where a registered ship, or a share in a registered ship, is transmitted to any person by any lawful means other than a transfer under paragraph 2 above and the ship continues to have a British connection, that person shall not be registered as owner of the ship or share unless—

(a)he has made the prescribed application to the registrar; and

(b)the registrar is satisfied that the ship retains a British connection and that he would not refuse to register the ship.

(2)If an application under sub-paragraph (1) is granted by the registrar, the registrar shall cause the applicant’s name to be registered as owner of the ship or share.

4(1)Where the property in a registered ship or share in a registered ship is transmitted to any person by any lawful means other than a transfer under paragraph 2 above, but as a result the ship no longer has a British connection, the High Court or the Court of Session may, on application by or on behalf of that person, order a sale of the property so transmitted and direct that the proceeds of sale, after deducting the expenses of the sale, shall be paid to that person or otherwise as the court direct.

(2)The court may require any evidence in support of the application they think requisite, and may make the order on any terms and conditions they think just, or may refuse to make the order, and generally may act in the case as the justice of the case requires.

(3)Every such application must be made within the period of 28 days beginning with the date of the occurrence of the event on which the transmission has taken place, or within such further time (not exceeding one year) as the court may allow.

(4)If—

(a)such an application is not made within the time allowed by or under sub-paragraph (3) above; or

(b)the court refuse an order for sale,

the ship or share transmitted shall be liable to forfeiture.

5(1)Where any court (whether under paragraph 4 above or otherwise) order the sale of any registered ship or share in a registered ship, the order of the court shall contain a declaration vesting in some named person the right to transfer the ship or share.

(2)The person so named shall be entitled to transfer the ship or share in the same manner and to the same extent as if he were the registered owner of the ship or share.

(3)The registrar shall deal with any application relating to the transfer of the ship or share made by the person so named as if that person were the registered owner.

6(1)The High Court or Court of Session may, if they think fit (without prejudice to the exercise of any other power), on the application of any interested person, make an order prohibiting for a specified time any dealing with a registered ship or share in a registered ship.

(2)The court may make the order on any terms or conditions they think just, or may refuse to make the order, or may discharge the order when made (with or without costs or, in Scotland, expenses) and generally may act in the case as the justice of the case requires.

(3)The order, when a copy is served on the registrar, shall be binding on him whether or not he was made a party to the proceedings.