PART 7U.K.Ships

Interpretation of Part 7U.K.

54.—(1) For the purposes of this Part, a ship is—

(a)“owned” by a person if—

(i)the legal title to the ship, or to any share in the ship, is vested in that person, or in a person who is owned or controlled directly or indirectly (within the meaning of regulation 9) by that person, or

(ii)the person, or a person who is owned or controlled directly or indirectly (within the meaning of regulation 9) by that person, has a beneficial interest in the ship or in any share in the ship;

(b)“chartered” by a person if it is chartered on bareboat charter terms within the meaning given by section 17(11) of the Merchant Shipping Act 1995; and

(c)“controlled” by a person who is able to take decisions about its operation, including (but not limited to) decisions about the route the ship may take and the appointment of master or crew.

(2) For the purposes of paragraph (1)(c), a ship is not “controlled” by its master or crew, unless that master or crew are designated persons under the relevant regulations of this Part.

(3) For the purposes of this Part, a ship is not “operated” by its master or crew unless that master or crew are designated persons under the relevant regulations of this Part.

(4) Any reference in this Part to a legal title or other interest includes one held jointly with any other person or persons.

(5) For the purposes of this Part—

“beneficial interest” means any beneficial interest, however, arising (whether held by trustee or nominee or arising under a contract or otherwise), other than an interest held by any person as mortgagee;

“specified ship” means a ship specified by the Secretary of State under regulation 51 (specification of ships);

“the relevant regulations of this Part” means regulations 46, 48, 49, and 50.

(6) Any expression used in this Part and in section 7 of the Act (shipping sanctions) has the same meaning in this Part as it has in that section.