Merchant Shipping Act

(1) An application for registration of a ship shall be made in the prescribed form- (a) in the case of individuals, by the person requiring to be registered as owner, or by one or more of the persons so requiring if more than one or by his or their agent; and (b) in case of a body corporate, by its agent and the authority of the agent shall be testified by writing, under the common seal of that body. (6) The Registrar may demand proof of ownership to his or her satisfaction before proceeding with the registration of a ship.

(1) A person shall not be registered as owner of a Gambian ship or of a share therein until such person or in the case of a body corporate, the person authorised by section 97 (2) to make declarations on its behalf has made and signed a declaration of ownership in the prescribed form referring to the ship as described in the tonnage certificate and containing the following particulars- (a) his or her full name and address; (b) a statement of the time when and the place where the ship was built or where the ship was built outside The Gambia and the time and place of the building is not known a statement to that effect, and in addition, in the case of a ship previously registered outside The Gambia, a statement of the name by which she was so registered; and (c) statement of the number of shares and the owners of these shares in the ship in respect of which such person or body corporate, as the case may be is entitled to be registered.

(1) On the first registration of a ship, the following evidence shall be produced in addition to the declaration of ownership- (a) in the case of a ship built in The Gambia, a builder‟s certificate signed by the builder of the ship and containing a true account of the proper denomination and of the tonnage of the ship as estimated by him or her and of the name of the person, if any, on whose account the ship was built and, if there has been any sale, the bill of sale under which the ship or a share therein has become vested in the applicant for registration; (b) in the case of a foreign-built ship, the same evidence as in the case of a ship built in The Gambia unless the declarant who makes the declaration of ownership declares that the time and place of her building are unknown to him or her or that the builder‟s certificate cannot be produced, in which case there shall be registered only the bill of sale under which the owner-ship of the ship became vested in the applicant for registration; and (c) in the case of a ship condemned by the competent authority, the official copy of the condemnation. (2) In the case of every ship built in The Gambia, the builder shall if requested to do so, deliver to the owner a signed certificate containing the particulars specified in the sub-section (1)(a). (3) A builder who fails to comply with sub- section (1) or (2) or willfully makes a state- ment in a certificate given thereunder com- mits an offense and is liable on conviction to a fine not exceeding one million Dalasis or imprisonment for a term of six months or both the fine and imprisonment.

A ship which is or has been registered in another country shall not be eligible for registration under this Act unless- (a) a certificate has been issued to the effect that ship has been deregistered; (b) a certificate has been issued to the effect that the ship will be deregistered on the day that the new registration is effected; (c) the ship‟s foreign registration has been cancelled or will be cancelled on the day that the new registration is effected; (d) no mortgages are outstanding against the ship; and (e) where there are mortgages out- standing against the ship, the mortgagees have consented in writing to the deregistration or cancellation of the ship's foreign registration.