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Merchant Shipping Act (2021 Revision) Arrangement of Sections

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Merchant Shipping Act (2021 Revision) Arrangement of Sections CAYMAN ISLANDS MERCHANT SHIPPING ACT (2021 Revision) Supplement No. 4 published with Legislation Gazette No. 14 of 12th February, 2021. PUBLISHING DETAILS Law 24 of 1997 consolidated with Laws 11 of 1999, 41 of 2001, 29 of 2004, 2 of 2005 (part), 11 of 2007, 25 of 2010, 19 of 2012 (part), 17 of 2014, 55 of 2020 and 56 of 2020 and as amended by the Cayman Islands Constitution (Amendment) Order 2020 (UKSI 2020 No. 1283). Revised under the authority of the Law Revision Act (2020 Revision). Originally enacted — Law 24 of 1997-15th December, 1997 Law 11 of 1999-23rd April, 1999 Law 41 of 2001-10th January, 2002 Law 29 of 2004-13th December, 2004 Law 2 of 2005-11th February, 2005 Law 11 of 2007-3rd September, 2007 Law 25 of 2010-30th June, 2010 Law 19 of 2012-31st August, 2012 Law 17 of 2014-11th September, 2014 Law 55 of 2020-30th October, 2020 Law 56 of 2020-7th December, 2020. Originally made — U.K. Order 2020-11th November, 2020. Consolidated and revised this 31st Day of December, 2020. Note (not forming part of this Act): This revision replaces the 2016 Revision which should now be discarded. Page 2 Revised as at 31st December, 2020 c Merchant Shipping Act (2021 Revision) Arrangement of Sections CAYMAN ISLANDS MERCHANT SHIPPING ACT (2021 Revision) Arrangement of Sections Section Page PART I - Preliminary 1. Short title .................................................................................................................................... 19 2. Definitions ................................................................................................................................... 19 PART II - Registration of Ships - Registration 3. Cayman Islands ship .................................................................................................................. 23 4. Qualifications for owning a Cayman Islands ship ....................................................................... 24 5. Entitlement of ship to be registered under this Act ..................................................................... 25 6. Representative person ............................................................................................................... 26 7. Refusal of registration ................................................................................................................. 27 8. Termination of registration .......................................................................................................... 28 9. Penal liability ............................................................................................................................... 30 10. Registrar of Shipping .................................................................................................................. 30 Procedure for Registration 30 11. Register ...................................................................................................................................... 30 12. Entries in register in relation to the property in a ship ................................................................ 31 13. Survey and measurement of ships ............................................................................................. 32 14. Marking of ship ........................................................................................................................... 32 15. Application for registration .......................................................................................................... 34 16. Declaration of eligibility ............................................................................................................... 34 17. Evidence of title on first registry .................................................................................................. 35 18. Entry of particulars in register ..................................................................................................... 35 c Revised as at 31st December, 2020 Page 3 Arrangement of Sections Merchant Shipping Act (2021 Revision) 19. Documents to be retained by Registrar of Shipping .................................................................. 35 20. Port of registry ............................................................................................................................ 35 Certificate of Registry 35 21. Certificate of registry .................................................................................................................. 35 22. Custody of certificate ................................................................................................................. 36 23. Penalty for use of improper certificate ....................................................................................... 36 24. Power to grant new certificate .................................................................................................... 36 25. Duplicate certificates .................................................................................................................. 37 26. Endorsement of change of ownership ....................................................................................... 37 27. Provisional certificate for ship becoming entitled to be registered while abroad........................ 38 Demise Charter Registration 38 28. Registration of ships chartered by demise to a qualified person ............................................... 38 29. Consequences of registration under section 28(1) .................................................................... 40 30. Application of this Act where a ship is registered under section 28 ........................................... 40 31. Transfer of rights and obligations of charterer under the charter by demise ............................. 42 32. Rights and obligations relating to interests in ships registered under section 28(1) .................. 42 33. Dispensations for ships chartered by demise and registered outside the Islands ..................... 42 34. Termination and revocation of dispensation granted under section 33 ..................................... 44 35. Flag to be used where a dispensation has been granted under section 33 .............................. 44 Interim Registration in the Course of Transfer of Ownership 44 36. Registration during the transfer of ownership ............................................................................ 44 37. Consequences of registration under section 36 ......................................................................... 46 38. Provisions relating to application of this Act where a ship is registered under section 36 ......... 46 39. Definition of transferee in this Part ............................................................................................. 47 Name of Ship 47 40. Rules as to name of ship ........................................................................................................... 47 41. Offences ..................................................................................................................................... 48 Registration of Alterations and Registration Anew 48 42. Registration of alterations .......................................................................................................... 48 43. Offences ..................................................................................................................................... 48 44. Procedure for registration of alterations ..................................................................................... 48 45. Registration anew on change of ownership ............................................................................... 48 46. Procedure for registration anew ................................................................................................. 49 Transfer of Registration Between the Islands and the United Kingdom or a Crown Dependency or British Overseas Territory 49 47. Transfer of registration from the Cayman Islands to the United Kingdom, a Crown Dependency or a British Overseas Territory .............................................................................. 49 48. Transfer of registration from the United Kingdom, a Crown Dependency or a British Overseas Territory to the Cayman Islands ................................................................................ 50 Tonnage Measurement 51 49. Tonnage of ships of foreign countries adopting tonnage regulations ........................................ 51 50. Tonnage regulations .................................................................................................................. 52 Page 4 Revised as at 31st December, 2020 c Merchant Shipping Act (2021 Revision) Arrangement of Sections Unregistered Ships 53 51. Liabilities of unregistered ships .................................................................................................. 53 52. Application of this Act to unregistered ships ............................................................................... 53 Miscellaneous 54 53. Termination of overseas registration .......................................................................................... 54 54. Requirement for insurance cover ............................................................................................... 54 55. Trusts, equitable interests and liabilities of beneficial interests .................................................. 55 56. Registrar of Shipping may dispense with declaration or evidence ............................................
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