Section 40: Termination of registration

40. Termination of registration (1) The Registrar may, subject to subsection (6), terminate the registration of a ship where— (a) he is satisfied that— (i) having regard to the matters mentioned in section 26 (1), it would be detrimental to the interests of the Republic of Mauritius or to international shipping for the ship to continue to be registered; (ii) a fine imposed on the owner of the ship for a contravention of this Act has remained unpaid for more than 3 months; or (iii) a summons for any such contravention has been served on the owner of the ship and the owner has failed to appear at the time and place appointed for the hearing; (b) the ship is no longer entitled to remain registered; (c) any fee due in respect of the ship has remained unpaid for a period of more than one year; (d) the owner states that he wishes to terminate the registration of the ship; (e) the ship becomes a total loss or is otherwise destroyed; or (f) section 17 (1) is contravened. (2) Where a registered ship is in a condition referred to in subsection (1) (e), every owner of the ship or a share in it shall, immediately upon being made aware of the event, inform the Registrar who shall make an entry to that effect in the Register. (3) Where the registration of a ship is terminated under subsection (1), the Registrar— (a) shall notify every registered mortgagee of the termination of the ship’s registration and a mortgagee’s interest in the ship shall remain registered except where the Registrar is satisfied that the mortgagee was privy to the possibility of the ship being used for an unlawful purpose, in which case the registration of his interest shall be deleted; and (b) may, at the request of the owner, issue a certificate of deletion confirming that the ship has been deleted from the Register, and stating the status of any mortgage registered in respect of that ship. (4) Where registration is terminated under subsection (1) (d) or (e), the Registrar shall issue a certificate of deletion to the owner of the ship. (5) On receipt of a certificate of deletion, the owner shall surrender the ship’s certificate of registration to the Registrar for cancellation and remove from the ship the marking required under this Part and send a written confirmation of the removal to the Registrar. M62 – 27 [Issue 2] Merchant Shipping Act (6) Where— (a) subsection (1) (a), (b), (c) or (f) applies, the Registrar may serve notice on the owner to produce, within 21 days, sufficient evidence that the ship is eligible to remain on the Register and if, at the expiry of that period, no such evidence is produced— (i) extend the notice and ask for further information or evidence; or (ii) serve a final notice informing the owner of the termination of the ship’s registration, and such termination shall take effect 7 days after the service of that notice; (b) the Registrar serves a notice under this subsection on the owner of a ship in respect of which a mortgage is registered, he shall send a copy of that notice to the mortgagee at the address recorded for him in the Register; (c) a ship’s registration is terminated under this subsection, the Registrar shall issue a certificate of deletion and the owner of the ship shall surrender its certificate of registration. Sub-Part III – Mortgages and Maritime Liens