Shipping: Appointment of Registrar

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A decision made on 22 October 2020

Decision Reference: MD-E-2020-0049
Decision Summary Title :	Registrar of Shipping appointment	Date of Decision Summary:	24.09.20
Decision Summary author	Private Secretary	Decision Summary: Public or exempt?	Public
Type of report: Oral or Written?	Written	Person giving Oral Report:	n/a
Written Report title :	Registrar of Shipping appointment	Date of Written Report:	22.07.20
Written Report author	Group Director	Written Report: Public or exempt?	Public
Subject: Registrar of Shipping appointment.
Decision: The Minister, with reference to his previous decision MD-E-2016-0068 and acting in accordance with Article 188 of the Shipping (Jersey) Law 2002, approved the transfer of the statutory title and function of the Registrar of Shipping from the former Assistant Director EDTSC to the Registrar of Aircraft and Shipping with immediate effect. The Minister, also with reference to his decision MD-E-2016-0068 and in accordance with Article 11 (3) (a) of the Shipping (Jersey) Law 2002: a) Maintained the designation of the Harbourmaster and Chief Operating Officer, Marine, Ports of Jersey to discharge the functions set out in the attached report dated 22 July 2020. b) Maintained his authorisation of the Jersey Chief Marine Surveyor under Article 11 (3) (a) of the 2002 Law to act on his behalf (as the Administration) to ensure the correct survey and certification of Jersey ships and oversight of the appointed Recognised Organisations and Certifying Authorities in accordance with the 2002 Law and subordinate legislation, also set out in the attached report.
Reasons for Decision: The former Assistant Director has moved to a new role within the Government and certain of his responsibilities are to be reallocated to the recently created post of Registrar of Aircraft and Shipping.
Resource Implications: There are no financial or manpower resource implications.
Action required: Private Secretary to notify the Registrar of Aircraft and Shipping of the Minister’s decision.
Signature: Senator Lyndon Farnham		Position: Minister for Economic Development, Tourism, Sport and Culture
Date signed:		Date of Decision (If different from Date Signed)

Shipping: Appointment of Registrar

REGISTRAR OF SHIPPING – APPOINTMENT

The Minister to formally designated the person appointed to the post of Registrar of Aircraft and Shipping within the Office of the Chief Executive as the Registrar of Shipping in accordance with Article 188(1) of the Shipping (Jersey) Law 2002.

LEGISLATION

Article 188 of the Shipping (Jersey) Law 2002 reads as follows –

188 Registrar of Shipping

(1) There is to be an officer known as the Registrar of Shipping who is to be appointed by, and may be removed by, the Minister.

(2) The Registrar shall exercise the functions conferred on him or her by this Law and shall keep records and perform other duties as the Minister may direct.

(3) The Minister may appoint persons to perform on behalf of the Registrar such of his or her functions, other than those under Part 3, as the Minister or the Registrar may direct.

(4) The Minister may remove a person so appointed.

BACKGROUND

The role of Registrar of Shipping passed to the Assistant Director, EDTSC in December 2016, in accordance with Article 188(1) of the Shipping Law and the terms of Ministerial Decision MD-E-2016-0068.

In the intervening period, a new post of Registrar of Aircraft and Shipping was created to manage certain aircraft and shipping / harbours policy and regulatory functions. One of the intended statutory roles to be fulfilled by the new postholder was that of Registrar of Shipping, in accordance with Article 188(1) of the Shipping Law.

An officer was recruited to the role in March 2020, though the restructure of Government departments and the advent of the Covid-19 pandemic affected the officer’s transition to the new role.

In connection with this appointment, the Minister, again with reference to his decision MD-E-2016-0068 and in accordance with Article 11 (3) (a) of the Shipping (Jersey) Law 2002, decided:

a) the designation of the Harbourmaster and Chief Operating Officer, Marine, Ports of Jersey to discharge the following functions -

To maintain a register of Jersey ships in accordance with Articles 11 and 12 of the 2002 Law.
To carry out the registration of ships, enforcement of compliance and all related processes inasmuch as the duties of the Registrar are specified in the Shipping (Registration) (Jersey) Regulations 2004 and the Shipping (Local Small Ships Registration) (Jersey) Regulations 2004.
To measure fishing vessels less than 15m in length and issue certificates of measurement, in accordance with regulations 18 and 22(5) of the Shipping (Tonnage) (Jersey) Regulations 2004.
To examine vessels and issue certificates, in accordance with Regulation 3(1) of the Shipping (Fishing Vessels Safety Codes of Practice) (Jersey) Regulations 2015, for vessels (less than 12m in length); and,

b) his authorisation of the Jersey Chief Marine Surveyor under Article 11 (3) (a) of the 2002 Law to act on his behalf (as the Administration) to ensure the correct survey and certification of Jersey ships and oversight of the appointed Recognised Organisations and Certifying Authorities in accordance with the 2002 Law and subordinate legislation. This authorisation –

specifically but not exclusively concerned commercial shipping
remained subject to the said surveyor keeping the Administration informed as necessary regarding all specific Flag State decisions
was maintained to support of Ports of Jersey Ltd in its functions under Part 3 of the 2002 Law regarding the registration of ships.

The Minister therefore formalised, in accordance with Article 188(1) of the Shipping (Jersey) Law 2002, the transfer of the title and function of the Registrar of Shipping from former Assistant Director, EDTSC to the Registrar of Aircraft and Shipping with immediate effect.

Group Director – Economy

22 July 2020