Statutory Instrument 1988 No. 1909

The Merchant Shipping (Fishing Vessels—Tonnage) Regulations 1988

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© Crown Copyright 1988

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1988 No. 1909

MERCHANT SHIPPING

The Merchant Shipping (Fishing Vessels—Tonnage) Regulations 1988

The Secretary of State for Transport, in exercise of powers conferred by section 1 of the Merchant Shipping Act 1965^[1] and now vested in him^[2] and all other powers enabling him in that behalf, hereby makes the following Regulations:

    1.    These Regulations may be cited as the Merchant Shipping (Fishing Vessels—Tonnage) Regulations 1988 and shall come into force on 1st December 1988.

Interpretation
    2.    In these Regulations:—
"Authorised Measurer" means the Secretary of State for Transport or any person authorised for the purposes of these Regulations to carry out the measurement of fishing vessels by the Minister of Agriculture Fisheries and Food, the Commissioners of Customs and Excise, the Secretary of State for Scotland or the Secretary of State for Northern Ireland;


"ITC length","ITC breadth" and"ITC moulded depth" mean respectively length, breadth and moulded depth as defined in Schedule 2 hereto.

    3.    A fishing vessel of less than 24 metres in ITC length registered or to be registered under Part II of the Merchant Shipping Act 1988^[3] , shall be measured, and its tonnage shall be calculated by an Authorised Measurer in accordance with these Regulations.

    4.    If the length of the vessel measured in accordance with the rules specified in paragraph 1 of Schedule 1 hereto is less than 24 metres, that length shall be its Registered Length and its Registered Breadth and Registered Depth shall be respectively its breadth and depth measured in accordance with the rules specified in paragraphs 2 and 3 of that Schedule.

    5.    If the length of the vessel measured in accordance with the rules specified in paragraph 1 of Schedule 1 is 24 metres or over but the ITC length of the vessel is less than 24 metres, its Registered Length, Registered Breadth and Registered Depth shall be respectively its ITC length, ITC breadth and ITC moulded depth.

    6.    The overall length of every vessel to which these Regulations apply shall be its length measured from the foreside of the foremost fixed permanent structure to the aftside of the aftermost fixed permanent structure.

    7.    The Registered Tonnage of every vessel to which these Regulations apply shall be calculated in accordance with the rules specified in Schedule 3 hereto.

    8.    The Authorised Measurer shall on receipt of the prescribed fee (if any) measure the vessel and calculate its tonnage in accordance with these Regulations and shall issue and deliver to the Secretary of State a Certificate of Measurement in a form approved by the Secretary of State.

    9.    The tonnage and other particulars stated in the certificate shall, unless any alteration is made in the particulars of the vessel, or it is shown that its tonnage or measurements have been erroneously recorded, be taken to be as recorded in the certificate.

    10.    On re-measurement of a vessel any certificate of measurement in force in relation to the vessel shall be invalid and the Authorised Measurer shall issue a new certificate in place thereof.

    11.    Nothing in these Regulations shall be taken to require any vessel the tonnage of which was validly determined under the law in force immediately before the coming into force of these Regulations to have its tonnage re-determined, but any vessel required under that law to be re-measured shall be re-measured in accordance with these Regulations.

Signed by authority of the Secretary of State

Michael Portillo

Minister of State, Department of Transport

2nd November 1988

[1] 1965 c. 47; section 1 was amended by section 91 of the Merchant Shipping Act 1970 (c. 36) and by paragraph 6 of Part VI of Schedule 6 of the Merchant Shipping Act 1979 (c. 39). back

[2] See S.I. 1970/1537. back

[3] 1988 c. 12. back

Explanatory Note