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1. Citation

These Regulations may be cited as the Shipping (Registration and Proprietary Interests in Ships) Regulations.

2. Interpretation

In these Regulations “Act” means the Shipping Act.

PART 2
REGISTRATION

3. Form of application for registration

For the purposes of section 14 of the Act (which deals with application for registration), an application for the registration of a ship must be in the form set out in Form 1 of the Schedule.

4. Registration fee

(1) Subject to subregulation (2), the application for registration of a ship must be accompanied by the prescribed fee.

(2) Notwithstanding subregulation (1), a fee must not be charged for the registration of a Saint Lucian Government ship which is used for a public purpose.

(3) There must be paid in respect of each registration, the prescribed annual fee.

5. Application for registration of Government ships

(1) An application for registration of a Government ship shall be made by the Permanent Secretary or the Head of Department of the Ministry to which the management of the ship is entrusted or by any other officer authorized by the Permanent Secretary or the Head of Department of the Ministry.

(2) Where a ship is forfeited by the Government, neither a declaration of ownership nor a declaration of transfer is necessary.

6. Form of declaration of ownership

For the purposes of section 15 of the Act (which deals with declaration of ownership), a declaration of ownership must be in the form set out in Form 2 of the Schedule.

7. Form of builder's certificate

A builder's certificate required under section 16 of the Act (which deals with evidence on first registration) on the first registration of a ship must be in the form set out in Form 3 of the Schedule.

8. Effect of cancellation of registration

Where the registration of a ship is cancelled, the Registrar shall make an entry in the Register Book and the registration of the ship in that Register Book is be considered as cancelled except insofar as it relates to any unsatisfied mortgages or existing certificates of mortgage entered therein.

9. De-registration

Where a ship is de-registered in accordance with section 19 of the Act (which deals with the restriction on de-registration of ships), the Registrar shall issue a certificate of de-registration in the form set out in Form 4 of the Schedule.

10. Register books

(1) The Registrar may keep the following register books—
1. (a) a register for ships under 24 metres;
1. (b) a register for ships over 24 metres.

(2) The register books for ships under 24 metres must be divided into two parts—
1. (a) commercial vessels; and
1. (b) pleasure vessels,

and the register book must identify ships to which the provisions on proprietary interests do not apply and ships to which the provisions on proprietary interest do apply.

(3) A ship under 24 metres which has once been registered as a ship to which the provisions on proprietary interests applies must not thereafter be registered as a ship to which the provisions on proprietary interest does not apply.

(4) Electronic records of the register book may be used for the purposes of maintaining the Register books under section 21 of the Act and this regulation.

11. Form of application for change of name of ship

For the purposes of section 24(2) of the Act (which deals with change of name of ship), an application for change of name of a ship must be in the form set out in Form 5 of the Schedule.

12. Approval of change of name

(1) Where the Registrar is satisfied that a name complies with section 24 of the Act (which deals with name of ship), he or she shall notify the applicant in writing that the name is approved and the ship may be registered with that name.

(2) Any approval given under subregulation (1) is valid only for 3 months commencing from the date the approval is notified to the applicant.

(3) Where the Registrar is not satisfied that a name complies with section 24 of the Act he or she shall notify the applicant accordingly.

(4) Notwithstanding subregulation (2), the Registrar may allow the reservation of a ship's name or designation for a period of 10 years if he or she is satisfied that—
1. (a) the ship is intended to replace another ship with the same name which is to be registered within 10 years of the date of the application; and
1. (b) the applicant is the owner of a registered ship with the same name as that which is to be reserved and it is registered in Saint Lucia, the registration will be closed before the registration of the new vessel; or
1. (c) the applicant is the owner of a registered ship with the same name as that which is to be reserved and it will be sold before the registration of the new vessel on condition that it changes its name and that its name is so changed.

(5) Applications for a reservation under subregulation (3) must be accompanied by a full statement of the circumstances of the case.

13 Notice of change of name of ship

Where a change of name has been approved by the Registrar, the Registrar shall issue a certificate of amendment showing the new name of the ship and shall immediately give notice of the change in the Gazette and in a newspaper which is printed or circulated in Saint Lucia.

14. Issue of marking and carving note

The Registrar shall immediately after amending the register under regulation 12 issue a carving and marking note in accordance with regulation 23.

15. Replacement of existing name of ship

Upon receiving the marking and carving note the owner shall ensure that the existing name is immediately replaced by the new name on the bows and stern of the ship and the carving and marking note confirming that this has been done shall be returned to the Registrar, together with the certificate of registry.

16 Change of name of ship in register

Upon receipt of the carving and marking note and the certificate of registry, the Registrar shall change the ship's name in the register and on the certificate of registry and shall return the certificate of registry to the owner.

17. Change of name of a ship in a foreign state

(1) Where an application for a change of name of a Saint Lucian ship is made while the ship is in a foreign state the procedures set out in regulations 10 to 15 must be followed except that a proper officer at or near the port where the change of name is to be effected may receive the carving and marking note and the certificate of registry and, if satisfied, change the name on the certificate of registry.

(2) The proper officer shall notify the Registrar at the ship's port of registry of the date on which the change of name was made and send a copy of the amended certificate of registry to the Registrar.

(3) On receipt of notification of the name change from the proper officer the Registrar shall amend the Register accordingly.

18. Change of port of registry

(1) The registry of any ship may be transferred from one port in Saint Lucia to another on the application to the Registrar made by declaration in writing by all persons appearing on the Register book to be interested therein but that transfer shall not in any way affect the rights of those persons, and those rights must in all respects continue in the same manner as if no such transfer had been effected.

(2) Where the Registrar approves the proposed change of the ship's Port of Registry, upon payment of the prescribed fee—
1. (a) a carving and marking note authorizing the change in the Port of Registry shall be issued to the owner or master of the ship;
1. (b) the new Port of Registry shall be marked on the stern in accordance with regulation 25 in such a way that the name of the existing Port of Registry shall be removed from the stern and replaced by the new Port of Registry;
1. (c) in the case of a fishing vessel, the identity mark on each of the bows shall also, where applicable, be altered as indicated in the carving and marking note;
1. (d) the carving and marking note, duly certified by a surveyor and showing that the new Port of Registry has been marked on the stern in accordance with these Regulations, and, in the case of a fishing vessel, that the identity mark on each of the bows has been changed, shall be returned to the Registrar;
1. (e) the certificate of registry shall be delivered up to the Registrar as soon as practicable after the Carving and Marking note has been returned, but in no case, shall it be delivered after 60 days;
1. (ƒ) on receipt of the documents specified in paragraphs (a), (d) and (e), the Registrar shall enter in the Register book the new Port of Registry and all particulars relating to the ship and the names of all persons interested therein and grant a new certificate of registry, and such ship shall be considered as registered at the new Port of Registry.

19. Change of name of owner, etc.

(1) Where the name, address or nationality of an owner, mortgagee, managing owner or representative person has changed subsequent to registration such owner, mortgagee, managing owner or representative person shall send to the Registrar a notice of such change in the form prescribed in Form 6 of the Schedule.

(2) Where the new owner, mortgagee, managing owner or representative person is a company, the certificate of incorporation relating to the company must be produced.

(3) A new certificate of registry shall be issued in accordance with regulation 34 in respect of the new owner and where ownership is effected in a foreign State the new certificate shall be issued on the ship's first subsequent arrival at a port in Saint Lucia or within 6 months of the date of the change of ownership, whichever is earlier.

20. Call sign

(1) For the purposes of section 27 of the Act (which deals with call sign), an owner shall make an application to the Registrar to have a call sign assigned to the ship.

(2) The Registrar shall control the series of call signs.

(3) The call sign assigned to a ship shall be noted in the register and shall be endorsed on the certificate of registry by the Registrar or by some other person authorized to do so.

(4) Upon a call sign being assigned to a ship the Registrar shall inform the agency responsible for telecommunications accordingly.

21. Obtaining copy of the register book

Any person may obtain a copy of the register book by making an application to the Registrar in the form set out in Form 7 of the Schedule.

PART 3
TONNAGE MEASUREMENT

22. Form of certificate of survey

For the purposes of section 29 of the Act (which deals with survey and measurements of ships), a certificate of survey must be in the form prescribed in Form 8 of the Schedule.

23. Survey of ship at ports in a foreign state

Where it becomes necessary for a ship to be surveyed at a port in a foreign state, for purposes of registration, the Registrar may depute a surveyor or request the Government of the State where the ship is lying to appoint a qualified surveyor to survey the ship and submit to the Registrar a certificate of survey in the form set out in Form 9 in respect of the ship.

PART 4
MARKING OF SHIPS

24. Carving and marking notes

Where in respect of a ship an official number or an identity mark has been allotted, the Registrar shall issue to the owner a carving and marking note in the form set out in Form 10 of the Schedule for ships under 24 metres and in the form set out in Form 11 of the Schedule for ships over 24 metres, which shall be returned to the Registrar after the ship has been carved and marked in accordance with regulation 23 or 26.

25. Carving and marking of ships under 24 metres

(1) A ship which is under 24 metres in length is to be marked as follows—
1. (a) the official number and net tonnage are to be marked on the main beam or, if there is no main beam, on a readily accessible visible permanent part of the structure of the ship, either—
  1. (i) by cutting in, centre punching or raised lettering, or
  1. (ii) to be engraved on plates of metal, wood or plastic, secured to the main beam or, if there is no main beam, to a readily accessible visible part of the structure with rivets, through bolts with the ends clenched, or screws with the slots removed;
1. (b) the name and port of registry are to be marked on a conspicuous and permanent part of the stern on a dark background in white or yellow letters, or on a light background in black letters, the letters being not less than 5 centimetres high and of proportionate breadth, or, where this is not possible by the following alternative methods—
  1. (i) by engraving on plates of metal or of plastic or by cutting it on a shaped wooden chock and where a shaped wooden chock is used it should be secured to the hull through bolts, the ends being clenched, or
  1. (ii) by individual glass reinforced plastic letters and numbers approximately 2 millimetres in thickness and these to be fixed to the hull with epoxy adhesive, and painted with suitable paint and coated with translucent epoxy resin, or
  1. (iii) where metal or plastic plates have been used these must be fixed by the use of epoxy adhesives and metal or plastic plates secured by adhesives should be coated with translucent epoxy resin after they have been fixed in position;
1. (c) the official number and net tonnage to be marked as follows:
  “O.N. xxxxxx N.T. xx.xx”
  100.

26. Carving and marking of ships over 24 metres

(1) Subject to this regulation, for the purposes of section 36 of the Act (which deals with marking of ships), every ship must, prior to registration, be marked permanently and conspicuously to the satisfaction of the Registrar in the following manner—
1. (a) in the case of a fishing vessel, in accordance with section 25 of the Act;
1. (b) in the case of any other ship, the name must be marked on each of the bows and the name of the intended port of registry must be marked on the stern;
1. (c) in all cases, the marking must be in white or yellow numerals or letters on a dark background or in black numerals or letters on a light background;
1. (d) the numerals or letters must not be less than one decimetre in height and of proportionate breadth.

(2) Notwithstanding subregulation (1), the identity mark allotted in the case of a fishing vessel and the official number allotted to any other type of ship, together with, in all cases, the number denoting the ship's net tonnage must be permanently cut in or welded on the ship's main structure in a conspicuous place as approved by a surveyor.

(3) A scale of decimetres or of metres and decimetres, denoting draught of water must be marked on each side of the stern and of the stem post—
1. (a) in figures at 2 decimetres intervals, where the scale is decimetres;
1. (b) in figures at each metre interval and at intervening 2 decimetres intervals, where the scale is in metres and decimetres, the capital letter “M” being placed after each metre figure, the top figure on the scale showing both the metre and except where it marks a full metre interval, the decimetre figure, the lower edge of the figures, or figures and letters, as the case may be coinciding with the draught denoted thereby, the figures and letters being not less than one decimetre in height and marked by being cut in or welded and painted white or yellow on a dark background or black on a light background, or
1. (c) in such other way as the Minister may approve.

(4) In the case of an existing ship, the draught marks may take the form of a scale of feet denoting the draught of water marked on each side of the stern and of the stern post in Roman capital letters or in figures, not less than 6 inches in height, the lower edge of such letters or figures must be marked by being cut in or welded and painted white or yellow on a dark background or black on a light background, or in such other way as the Minister may approve.

(5) In the case of ships having raked soft stem or cruiser stern, the marks must be cut in or welded as close to the stem as possible following the contour of the stern and the marks at the stern must be cut in or welded as near as possible to the after perpendicular.

(6) A pleasure craft—
1. (a) is exempted from the provisions of subregulation (3);
1. (b) which, because of its special design cannot comply with subregulation (1)(b) with respect to the marking of the name on each bow, may instead have the name marked on 2 boards to be fixed to the deck or superstructure amidships on either side.

27. Marking with IMO identification number

(1) This regulation applies to passenger ships of 100 gross tons or more, and cargo ships of 300 gross tons or more, which were constructed on and after July 1, 2004, except that for ships constructed before July 1, 2004 it need not be complied with until the first scheduled dry-docking after that date.

(2) Notwithstanding regulations 24 and 25, a ship must be marked with the IMO identification number as follows—
1. (a) in a visible place either on the stern of the ship or on either side of the hull, amidships port and starboard, above the deepest assigned load line or either side of the superstructure, port and starboard or on the front of the superstructure or, in the case of passenger ships, on a horizontal surface visible from the air; and
1. (b) in an easily accessible place either on one of the end transverse bulkheads of the machinery spaces, or on one of the hatchways or, in the case of tankers, in the pump-room or, in the case of ship's with ro-ro spaces, on one of the end transverse bulkheads of the ro-ro spaces.

(3) The permanent marking—
1. (a) must be plainly visible, clear of any other markings on the hull and must be painted in a contrasting colour;
1. (b) in subregulation (3)(a) shall not be less than 200 millimetres in height and the width of the marking referred to in subregulation (2)(b) must not be less than 100 millimetres in height and the width of the marks must be proportionate to the height; and
1. (c) may be made by raised lettering or by cutting it in or by centre punching it or by any other equivalent method of marking the ship identification number which ensures that the marking is not easily expunged.

(4) In this regulation—

“IMO” means the International Maritime Organization;

“machinery spaces” means machinery spaces of category A and other spaces containing propulsion machinery, boilers, oil fuel units, steam and internal combustion engines, generators and major electrical machinery, oil filling stations, refrigerating, stabilizing, ventilation and air conditioning machinery, and similar spaces, and trunks to such stations;

“ro-ro spaces” means spaces not normally sub-divided in any way and normally extending to either a substantial length or the entire length of the ship in which motor vehicles with fuel in their tanks for their own propulsion or goods, packaged or in bulk, in or on rail or road cars, vehicles, including road or rail tankers, trailers, containers, pallets, demountable tanks or in similar stowage units or other receptacles can be loaded and unloaded normally in a horizontal direction.

28. Ships constructed of material other than steel or metal

On ships constructed of material other than steel or metal, the Director shall approve the method of marking the ship identification number.

29. Verification of measurement and carving and marking

(1) Where the Registrar is not satisfied—
1. (a) that the particulars of the measurement and tonnage or such other particulars describing the identity of the ship, as required by the Minister, furnished to him or her are correct; or
1. (b) that the ship is carved and marked in the manner required,

he or she may direct the owner to have the measurement or other details, and carving or marking of the vessel verified by the authorized measurer or inspector of marks as appropriate.

(2) Where the owner fails to comply with the direction of the Registrar, the Registrar may—
1. (a) in the case of an unregistered ship, refuse registration until the Registrar's direction has been complied with; or
1. (b) in case of a registered ship, the Registrar may serve notice on the owner or managing owner, or any charter, manager or operator of the ship requiring him or her to produce evidence within 30 days to satisfy the Registrar that the particulars of the measurement and tonnage are, or that the marking of the ship is correct.

(3) Where at the expiry of the 30 day period referred to in subregulation (2)(b), the Registrar is not satisfied, he or she may—
1. (a) extend the notice and ask for further information; or
1. (b) serve a final notice which closes the ship's registration and issue a certificate of de-registration in accordance with regulation 9, such closure to be effected 7 days after the service of that notice.

(4) Where a ship's registration is closed under subregulation (3), the owner of the ship shall immediately surrender the certificate of registry.

(5) Where the Registrar serves a notice under this regulation on the owner of a ship in respect of which a mortgage is registered, he or she shall send a copy of that notice to the mortgagee at the address recorded in the Register for the mortgage.

30. Cancellation of carving and marking note

Where a carving and marking note issued under regulation 29 is not duly completed and returned to the Registrar within 3 months of its issue, the Registrar may cancel it and the application must be treated as having been withdrawn.

31. Removal of marks

Where a ship's registration is terminated whether by expiration of the registration or otherwise, the marking prescribed under these Regulations must be removed from the ship and written confirmation of that removal must be sent to the Registrar.

PART 5
CERTIFICATE OF REGISTRY

32. Form of certificate of registry

For the purposes of section 37 of the Act (which deals with the certificate of registry), a certificate of registry shall be in the form set out in Form 12 of the Schedule.

33. Surrender of certificate of registry

On the cancellation the certificate of registry, the certificate of registry must be surrendered by the owner to the Registrar for cancellation.

34. Power to grant new certificate of registry

(1) Subject to subregulation (2), the Registrar may, upon the delivery up to him or her of the certificate of registry in accordance with regulation 35, grant a new certificate of registry.

(2) An application for a new certificate of registry shall be made to the Registrar in the form prescribed in Form 10 of the Schedule.

35. Loss of certificate of registry

(1) In the event of the certificate of registry of a ship being lost or destroyed, the Registrar shall, subject to this regulation, grant a replacement certificate of registry in lieu of the original Certificate of Registry.

(2) Where the ship is in Saint Lucia, the master, or some other person having knowledge of the facts of the case, shall make a declaration stating those facts and the names and descriptions of the registered owners of the ship to the best of the declarant's knowledge and belief.

(3) Where the ship is in a foreign State and the certificate of registry is lost or destroyed, the master or some other person authorized by him or her shall make a declaration to the proper officer and the proper officer shall issue a provisional certificate of registry containing a statement of the circumstances under which it was granted.

(4) Section 41(3) of the Act applies to subregulation (3).

(5) Every replacement certificate of registry granted to a registered Saint Lucian ship must be clearly marked “Duplicate” in red ink.

(6) Where a replacement certificate of registry has been granted by reason of the original having been lost or destroyed and such original is subsequently found or received by the owner, the original certificate of registry must be surrendered to the Registrar for cancellation.

36. Keeping of a record of masters

(1) The Registrar shall keep and maintain a record of masters.

(2) The record to be kept and maintained under subregulation (1) must include the name of the master at the time of first registration and the name of the new master where the master is subsequently changed.

(3) The owner shall give notice of the appointment or change of a master to the Registrar or to a proper officer in the form set out in Form 14 of the Schedule, and produce the certificate of registry to him or her.

(4) The Registrar or proper officer shall on production of the certificate of registry, endorse the name of the master or new master, the date when the appointment or change was made and the number of the certificate of competency or service of the master or new master on the certificate of registry.

37. Form of provisional certificate of registry

For the purposes of section 41 of the Act (which deals with provisional certificate of registry), a provisional certificate of registry shall be in the form set out in Form 15 of the Schedule.

38. Form of application for temporary pass and form of temporary pass

For the purposes of section 42 of the Act (which deals with temporary pass in lieu of certificate of registry)—

(a) an application for a temporary pass shall be in the form set out in Form 16 of the Schedule; and

(b) a temporary pass in lieu of the certificate of registry shall be in the form set out in Form 17 of the Schedule.

PART 6
TRANSFER AND TRANSMISSIONS

39. Form of Bill of Sale

For the purposes of section 53 of the Act (which deals with transfer of ship or share), a Bill of Sale shall be in the form set out in Form 18 of the Schedule.

40. Form of declaration of transfer

For the purposes of section 54 of the Act (which deals with declaration of transfer), a declaration of transfer shall in the form set out in Form 19 of the Schedule.

41. Form of declaration of transmission

For the purposes of section 56 of the Act (which deals with transmission of property in ship on bankruptcy or death), a declaration of transmission shall in the form set out in Form 20 of the Schedule.

PART 7
MORTGAGES

42. Form of mortgage

For the purposes of section 60 of the Act (which deals with mortgage of ship or share therein), a mortgage of a ship or share in a ship shall in the form set out in Form 21 of the Schedule.

43. Form of transfer of mortgage

For the purposes of section 67 of the Act (which deals with transfer of mortgages), a transfer of mortgage shall be in the form set out in Form 22 of the Schedule.

44. Form of certificate of sale and certificate of mortgage

For the purposes of section 69 of the Act (which deals with authority to sell or mortgage out of Saint Lucia), a—

(a) certificate of sale shall be in the form set out in Form 23 of the Schedule;

(b) certificate of mortgage shall be in the form set out in Form 24 of the Schedule.

PART 8
MISCELLANEOUS

45. Declarations generally

(1) A declaration required by the Act or these Regulations must—
1. (a) be headed with the title of the matter in respect of which the declaration is made; and
1. (b) be expressed in the first person; and
1. (c) state—
  1. (i) the name and address of the declarant, and
  1. (ii) if the declaration is made on behalf of another person the name and address of the other person, and
1. (d) if the declaration is made for the purposes of a business the details of which are set out in the declaration state—
  1. (i) the office or position held by the person by whom the declaration is made, and
  1. (ii) the address of the place where the business is conducted or principally conducted, and
1. (e) be divided into paragraphs, each of which must be numbered consecutively and, as far as practicable, be confined to one subject.

(2) The name and title of the person before whom the declaration is made and the date when, and the place where it was made must be stated in the declaration.