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17.   Restriction on registration

Revised Laws of Saint Lucia (2021)

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17.   Restriction on registration

(1)   Subject to subsection (2) a ship which is or has been registered in any country is not eligible for registration under section 12 unless —

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    (a)     in the case of a ship which is or has been registered in a country which is party to the Liens and Mortgages Convention, 1967 —

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      (i)     a certificate has been issued by such country to the effect that the ship has been de-registered, or

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      (ii)     a certificate has been issued by such a country to the effect that the ship will be de-registered on the day that the new registration is effected;

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    (b)     in the case of a ship which is or has been registered in any other country, evidence satisfactory to the Minister that —

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      (i)     the ship has been de-registered on the day that the new registration is effected, or

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      (ii)     the ship's foreign registration has been cancelled or will be cancelled on the day that the new registration is effected, and

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      (iii)     no mortgages are outstanding against the ship, or

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      (iv)     where there are mortgages outstanding against the ship, the mortgagees have consented in writing to the de-registration or cancellation of the ship's foreign registration.

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    (Amended by Act 14 of 2016)

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    (2)   A ship which is or has been registered in any country is not eligible for registration under section 12A unless —

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      (a)     the ship is registered in a registry other than that of Saint Lucia with respect to the rights and obligations referred to in subsection (3); and

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      (b)     a provision substantially to the same effect as that of a dispensation under section 19A is granted in respect of the ship by the registry referred to in paragraph (a), where such provision is required under the law of the country of that registry.

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    (Inserted by Act 14 of 2016)

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    (3)   For the purposes of subsection (2)(a) in the case of a demise charter, the charterer transfers his or her rights and obligations of the demise charter if —

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      (a)     the transferee is qualified to own a Saint Lucian ship;

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      (b)     prior to the execution of the transfer, the transferee, or in the case of a body corporate, the person authorized by this Act to make declarations on behalf of the body corporate, makes and signs a declaration referring to the ship and containing a statement of the qualification of the transferee to own a Saint Lucian ship, or if the transferee is a body corporate, of such circumstances of the constitution and business that proves it to be qualified to own a Saint Lucian ship; and

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      (c)     a certified copy of the transfer executed by the charterer in favour of the transferee is produced to the Registrar of Ships.

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    (Inserted by Act 14 of 2016)

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    (4)   In subsection (3), “transferee” means the person to whom the charterer has transferred his or her rights and obligations under the demise charter.

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    (Inserted by Act 14 of 2016)

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    (5)   Where a ship is registered under section 12A(a) the rights and proprietary interests of the owner in respect of the ship, or the rights and obligations of the parties to a contract, bill of sale, mortgage, charge or other instrument creating or disposing of a legal or equitable interest in the ship whether existing at the date of registration of the ship or created subsequently affects such registration.

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    (Inserted by Act 14 of 2016)

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