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Amendments Of Part I Of Merchant Shipping Act 1894

Volume 130: debated on Wednesday 30 March 1988

The text on this page has been created from Hansard archive content, it may contain typographical errors.

Amendments made: No. 2, in page 45, line 35, at end insert—

"' (vi) In the case of a ship which is for the time being registered under the law of any country outside the United Kingdom, a declaration that, if the ship is still so registered at the time when it becomes registered under this Part of this Act, he will take all reasonable steps to secure the termination of the ship's registration under the law of that country.'.

No. 43, in page 46, leave out lines 35 to 39 and insert—

  • `(i) for the words from "ceasing" to "every owner" substitute "in the event of such a ship—
  • (a) ceasing to be entitled to be registered (whether because a majority interest in the ship is no longer owned by persons qualified to be owners of British ships or for any other reason), or
  • (b) becoming registered otherwise than under this Part of this Act in the United Kingdom,
  • every registered owner", and
  • (ii) for the words from "book and" onwards substitute "and the registry of the ship shall terminate forthwith.";'.
  • No. 44, in page 47, line 1, leave out

    'in the manner provided by subsection (1) of this section'.

    No. 45, in page 47, line 8, leave out

    `and in any such case'

    and insert—

    '(5) Where the registry of a ship terminates by reason of—
  • (a) any notice given in pursuance of subsection (4) of this section, or
  • (b) any direction given by the Secretary of State under section 7(5) of the Merchant Shipping Act 1988 (power to direct removal from register in certain cases),'.
  • No. 46, in page 47, line 10, after 'notice' insert 'or direction'.

    No. 47, in page 47, line 11, at end insert—

    '(6) Where the registry of a ship terminates—
  • (a) under subsection (1) or (4) of this section, or
  • (b) as mentioned in subsection (5)(b) of this section, the termination of its registry shall not affect any entry made in the register so far as relating to any undischarged registered mortgage, or any existing certificate of mortgage, of that ship or of any share in it.
  • (7) Subsection (6) of this section shall not apply to an entry in the register in a case where—
  • (a) the mortgage in question becomes registered under Part II of the Merchant Shipping Act 1988, or
  • (b) the registrar is satisfied that every person appearing on the register to be interested as a mortgagee under the mortgage in question has consented to the entry ceasing to have effect.".'
  • No. 3, in page 50, line 19, at end insert—

    '(3A) The registrar of the former port of registry shall, on being notified by the registrar of the new port of registry of the grant of the new certificate of registry, terminate the registration of the ship in his register.'.

    No. 4, in page 50, line 46, at end insert—

    `(subject to subsection (4) of this section)'.

    No. 5, in page 50, line 49, leave out

    `(subject to subsection (4))'.

    No. 6, in page 50, line 54, at end insert—

    '(3A) The registrar of the new port of registry shall notify the registrar of the former port of registry of the grant of the new certificate of registry.'. —[Mr. Channon.]