NO. 961

LISTING OF PLANNING

APPLICATIONS REGISTERED

From Date: 12/8/08 To Date: 12/9/08

Summary of Application Details

• The applications shown below are available for review during normal working hours at the Department of Planning, 3rd Floor, Government Administration Building, 30 Parliament Street, Hamilton.

• Any person wishing to object must do so within 14 days of the date of this publication.

• Letters of objection should state any interest which the objector(s) may have in property nearby, supply an address at which notice may be served on the objector(s) and provide a concise statement of the grounds of objection.

• For further information on the objection procedure see the Development and Planning (Applications Procedure) Rules 1997.

Application Application #

Devonshire

Bento, Mr. John A. P0773/08

4 Cable Hill, Devonshire

Renovations and Additions with Internal

Conversion to Create Sixth Dwelling Unit.

(Final)

Paget

Bridges, Mr./Mrs. Suzete & R. Berry S0076/08

7 Seabright Avenue, Paget

Boundary Adjustment and Grant of

Right of Way.

(Final Plan)

Pembroke

Holdipp, Mr. Gregory P0771/08

Lot #3, 5 Tribe Road No.1, Pembroke

New Two Dwelling Unit.

(Final)

Sandys

Robinson, Ms. Tracey P0775/08

17 Mount Pleasant Road, Sandys

Proposed Additions to Create Second

and Third Dwelling Units.

(Final)

St. George's

Allchin, Ms. Kennita P0757/08

Alterations and Additions to Create

Bedroom, Living Room, Bathroom,

Extension to Existing Bedroom, New

Garage and Third Dwelling Unit.

(Final)

Bermuda Government

c/o Ministry of Works & Engineering P0776/08

3 Cahow Way, St. George's

Provision of Landscape Barrier Planting

(Hedge and Palms) needed to Prevent

Unauthorized Access to a Hazardous

Coastal Condition for Pedestrians.

(Final)

Warwick

Perinchief, Mr. Bruce P0772/08

9 Wichery Lane, Warwick

New One Dwelling Unit.

(Final)

Oliver, Mr. Edward P0774/08

6 Bulkhead Drive, Warwick

Renovating Existing Dwelling Incorporating

Existing Studio into Existing Unit and

Creating New Upper Unit (No Additional Units).

(Final)

NO. 962

ORDER

INSURANCE ACT 1978

CANCELLATION OF REGISTRATION

UNDER SECTION 41(1)(a)

The BERMUDA MONETARY AUTHORITY in exercise of the powers conferred upon it by virtue of Section 41(1)(a) of the Insurance Act, 1978, ("The Act"), hereby cancels, at the request of the insurer(s) listed below, the respective Class 1 registration granted to the said insurer(s) under the Act:-

TEXAS INSTRUMENTS INSURANCE

(BERMUDA) LIMITED

BY ORDER OF

THE BERMUDA MONETARY AUTHORITY

Leslie Robinson

Assistant Director, Insurance

BERMUDA MONETARY AUTHORITY

Dated this 5th day of December 2008

No. 963

ACTING APPOINTMENT

MINISTRY OF LABOUR,

HOME AFFAIRS AND HOUSING

PERMANENT SECRETARY

Mr. Robert Horton has been appointed to act as Permanent Secretary for the period of 15th December - 31st December, 2008, inclusive.

Kenneth S. Dill

Head of the Civil Service

NO. 964

Notice is hereby given that application has been made to the Minister of Labour, Home Affairs and Housing, by the following persons for the grant of Bermudian status under the provisions of section 19A of the Bermuda Immigration and Protection Act, 1956, (viz: has been married to the same Bermudian for ten [10] continuous years, during that marriage has been ordinarily resident in Bermuda for seven [7] years, the last two [2] years of which must be continuous to the date of application; has been living together with his/her Bermudian spouse as husband and wife continuously for the two [2] years immediately preceding his/her application; and is of good character and conduct.)

FURBERT, Norma Denise, 61A Cobbs Hill Road, Paget Parish

KELLY, Jennifer Myrtle, 28 Hinson's Island, Paget Parish

PRICE, Rodney, 4 Aerial View Close, Devonshire Parish

N.B. Any person who knows if any of the above provisions have not been fulfilled, or why Bermudian status should not be granted to the applicants, should send a written statement to the Chief Immigration Officer, Department of Immigration, P.O. Box HM 1364, Hamilton HMFX no later than 30 December, 2008.

NO. 965

In the Matter of the Bermuda Bar Act 1974

and

In the Matter of the Barristers

(Accounts and Records) Rules 1976

NOTICE

(Published pursuant to Section 24 B (4) of the Bermuda Bar Act 1974)

James Arnett Llewellyn Peniston was charged on 16 August 2007 with failing to produce or cause to be produced to the accountant designated by the Bar Council his books, records, files, accounts and other documents contrary to Rule 7 of the Barristers (Accounts and Records) Rules 1976 on or about 2 May 2007.

On 19 May 2008 Mr. Peniston admitted the said charge. On 6 June 2008 Mr. Peniston was suspended from practice for a period of three (3) months pursuant to Rule 20(2) (b) of the Bar Disciplinary Tribunal Rules 1997.

On 13 June 2008 Mr. Peniston was ordered to pay the sum of BD $2,500 to the Bermuda Bar Association in respect of costs, and to discharge the two accounts submitted to them by their accountant, pursuant to Rule 23 of the Bar Disciplinary Tribunal Rules 1997 and Section 19 A (1)(d) of the Bermuda Bar Act 1974.

Mr. Peniston appealed to the Court of Appeal for Bermuda on the 10 June 2008. The appeal was heard on 26 November 2008 and the Court allowed the appeal by varying the suspension to a period of thirty (30) days, seven (7) days served to be taken into account. No order was made as to costs.

NO. 966

MINISTRY OF LABOUR, HOME AFFAIRS

AND HOUSING

INTELLECTUAL PROPERTY OFFICE

PATENT APPLICATIONS

(Patent and Designs Act 1930)

OPPOSITION

Notice is hereby given that any person who has grounds of Opposition to the registration of any of the PATENTS advertised herein under the heading "Patent Applications advertised before Registration" may within two months from the date of this publication lodge with the Registrar a Notice of Opposition in writing in duplicate.

Patent Applications filed in Bermuda for registration in Bermuda are shown with the Official Number accompanied by the letters BM.

Patent Applications registered in the United Kingdom and filed in Bermuda are shown with the Official Number accompanied by the letters UK.

Patent Applications registered in the European Union designating the United Kingdom and filed in Bermuda are shown with the Official Number accompanied by the letters EP.

PATENT APPLICATIONS ADVERTISED BEFORE REGISTRATION

PATENT NO. 350EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 07 August 2008 there has been delivered to me a declaration in writing signed by the said SMITHKLINE BEECHAM CORPORATION, of a certain invention, whereof the said SMITHKLINE BEECHAM CORPORATION claims to be the inventor or proprietor, being an invention for THROMBOPOIETIN MIMETICS, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said SMITHKLINE BEECHAM CORPORATION has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December 2008.

Marlene Christopher

Registrar

PATENT NO. 360 EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 12 November 2008 there has been delivered to me a declaration in writing signed by the said JAGOTEC AG, of a certain invention, whereof the said JAGOTEC AG claims to be the inventor or proprietor, being an invention for Ropinirole-containing hydrophilic/liphilic matrix dosage formulation, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said JAGOTEC AG has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December 2008.

Marlene Christopher

Registrar

PATENT NO.359EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 07 October 2008 there has been delivered to me, a declaration in writing signed by the said ASTRAZENECA AB, of a certain invention, whereof the said ASTRAZENECA AB claims to be the inventor or proprietor, being an invention for QUINAZOLINE DERIVATIVES AS VEGF INHIBITORS, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said ASTRAZENECA AB has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December 2008.

Marlene Christopher

Registrar

PATENT NO. 358 EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 12 September 2008 there has been delivered to me, a declaration in writing signed by the said UNIVERSITY OF IOWA RESEARCH FOUNDATION and COLEY PHARMACEUTICAL GmbH, of a certain invention, whereof the said UNIVERSITY OF IOWA RESEARCH FOUNDATION and COLEY PHARMACEUTICAL GmbH claim to be the inventors or proprietors, being an invention for IMMUNOSTIMULATORY NUCLEIC ACIDS, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the names of the said UNIVERSITY OF IOWA RESEARCH FOUNDATION and COLEY PHARMACEUTICAL GmbH have been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December 2008.

Marlene Christopher

Registrar

PATENT NO. 357 EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 12 September 2008 there has been delivered to me, a declaration in writing signed by the said GLAXO GROUP LIMITED, of a certain invention, whereof the said GLAXO GROUP LIMITED claims to be the inventor or proprietor, being an invention for QUINOLINE DERIVATIVES AND THEIR USE AS 5-HT6 LIGANDS, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said GLAXO GROUP LIMITED has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December 2008.

Marlene Christopher

Registrar

PATENT NO. 356EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 12 September 2008 there has been delivered to me a declaration in writing signed by the said PHARMACIA & UPJOHN COMPANY LLC, of a certain invention, whereof the said PHARMACIA & UPJOHN COMPANY LLC claims to be the inventor or proprietor, being an invention for (S,S)-reboxetine for treating incontinence, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said PHARMACIA & UPJOHN COMPANY LLC has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December 2008.

Marlene Christopher

Registrar

PATENT NO. 355EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 12 September 2008 there has been delivered to me, a declaration in writing signed by the said PHARMACIA & UPJOHN COMPANY LLC, of a certain invention, whereof the said PHARMACIA & UPJOHN COMPANY LLC claims to be the inventor or proprietor, being an invention for Reboxetine for treating peripheral neuropathy, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said PHARMACIA & UPJOHN COMPANY LLC has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December 2008.

Marlene Christopher

Registrar

PATENT NO. 354EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 12 September 2008 there has been delivered to me a declaration in writing signed by the said PHARMACIA & UPJOHN COMPANY LLC, of a certain invention, whereof the said PHARMACIA & UPJOHN COMPANY LLC claims to be the inventor or proprietor, being an invention for Reboxetine for treating migraine headaches, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said PHARMACIA & UPJOHN COMPANY LLC has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December 2008.

Marlene Christopher

Registrar

PATENT NO. 353 EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 12 September 2008 there has been delivered to me, a declaration in writing signed by the said PHARMACIA & UPJOHN COMPANY LLC, of a certain invention, whereof the said PHARMACIA & UPJOHN COMPANY LLC claims to be the inventor or proprietor, being an invention for (S-S)-reboxetine for treating migraine headaches, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said PHARMACIA & UPJOHN COMPANY LLC has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd of December 2008.

Marlene Christopher

Registrar

PATENT NO. 352EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 29 August 2008 there has been delivered to me a declaration in writing signed by the said GLAXO GROUP LIMITED, of a certain invention, whereof the said GLAXO GROUP LIMITED claims to be the inventor or proprietor, being an invention for OXIDATION PROCESS FOR PREPARING THE INTERMEDIATE 6.ALPHA., 9.ALPHA.-DIFLUORO-11.BETA.,17.ALPHA.-DIHYDROXY-16.ALPHA.-METHYL-ANDROST-1,4-DIEN-3-ONE 17.BETA.-CARBOXYLIC ACID, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said GLAXO GROUP LIMITED has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December 2008

Marlene Christopher

Registrar

PATENT NO. 351EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 22 August 2008 there has been delivered to me , a declaration in writing signed by the said STERLING COMMERCE Inc., of a certain invention, whereof the said STERLING COMMERCE Inc. claims to be the inventor or proprietor, being an invention for SECURITY APPARATUS AND METHOD FOR A DATA PROCESSING SYSTEM, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said STERLING COMMERCE Inc. has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December 2008.

Marlene Christopher

Registrar

PATENT NO.350EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 07 August 2008 there has been delivered to me a declaration in writing signed by the said SMITHKLINE BEECHAM CORPORATION, of a certain invention, whereof the said SMITHKLINE BEECHAM CORPORATION claims to be the inventor or proprietor, being an invention for THROMBOPOIETIN MIMETICS, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said SMITHKLINE BEECHAM CORPORATION has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December 2008.

Marlene Christopher

Registrar

PATENT NO. 349 EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 07 August 2008 there has been delivered to me a declaration in writing signed by the said MERCK FROSST CANADA LTD. and AXYS PHARMACEUTICALS, INC., of a certain invention, whereof the said MERCK FROSST CANADA Ltd. and AXYS PHARMACEUTICALS, INC. claim to be the inventors or proprietors, being an invention for Cathepsin cysteine Pritease inhibitors, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said MERCK FROSST CANADA Ltd. and AXYS PHARMACEUTICALS, INC. have been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December 2008.

Marlene Christopher

Registrar

PATENT NO. 348EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 07 August 2008 there has been delivered to me a declaration in writing signed by the said MERCK SHARP & DOHME LIMITED and SCHERING CORPORATION, of a certain invention, whereof the said MERCK SHARP & DOHME LIMITED and SCHERING CORPORATION claim to be the inventors or proprietors, being an invention for Composition devoid of ascorbic acid comprising a cholesterol absorption inhibitors, an HMG-CoA reductase inhibitor and a stabilizing agent, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said MERCK SHARP & DOHME LIMITED and SCHERING CORPORATION have been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December 2008.

Marlene Christopher

Registrar

PATENT NO. 347EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 15 August 2008 there has been delivered to me a declaration in writing signed by the said THERAVANCE, INC., of a certain invention, whereof the said THERAVANCE, INC. claims to be the inventor or proprietor, being an invention for BETA 2-ADENERGIRECEPTOR AGONISTS, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said THERAVANCE, INC. has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December 2008.

Marlene Christopher

Registrar

PATENT NO. 346EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 29 May 2008 there has been delivered to me , a declaration in writing signed by the said MONSANTO COMPANY, of a certain invention, whereof the said MONSANTO COMPANY, claims to be the inventor or proprietor, being an invention for (R)-CHIRAL HALOGENATED 1-SUBSTITUTEDAMINO-(N+1)-ALKANOLS USEFUL FOR INHIBITING CHOLESTERYL ESTER TRANSFER PROTEIN ACTIVITY, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said MONSANTO COMPANY, has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December, 2008.

Marlene Christopher

Registrar

PATENT NO. 345EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 29 May 2008 there has been delivered to me a declaration in writing signed by the said PHARMACIA & UPJOHN COMPANY LLC, of a certain invention, whereof the said PHARMACIA & UPJOHN COMPANY LLC claims to be the inventor or proprietor, being an invention for (S,S)-reboxetine for treating fibromyalgia and other somatoform disorders, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said PHARMACIA & UPJOHN COMPANY LLC has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December, 2008.

Marlene Christopher

Registrar

PATENT NO. 344EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 27 May 2008 there has been delivered to me, a declaration in writing signed by the said NOVARTIS AG and NOVARTIS PHARMA GmbH, of a certain invention, whereof the said NOVARTIS AG and NOVARTIS PHARMA GmbH claim to be the inventors or proprietors, being an invention for HIGH DRUG LOAD TABLET, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said NOVARTIS AG and NOVARTIS PHARMA GmbH have been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December, 2008.

Marlene Christopher

Registrar

PATENT 343 EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 07 May 2008 there has been delivered to me, a declaration in writing signed by the said PHARMACIA CORPORATION, of a certain invention, whereof the said PHARMACIA CORPORATION claims to be the inventor or proprietor, being an invention for AMIDINO COMPOUND AND SALTS THEREOF USEFUL AS NITRIC OXIDE SYNTHASE INHIBITORS, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said PHARMACIA CORPORATION has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December, 2008.

Marlene Christopher

Registrar

PATENT NO. 342 EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 14 April 2008 there has been delivered to me, a declaration in writing signed by the said PHARMACIA & UPJOHN COMPANY, of a certain invention, whereof the said PHARMACIA & UPJOHN COMPANY claims to be the inventor or proprietor, being an invention for (S,S)-reboxetine for treating peripheral neuropathy, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said PHARMACIA &UPJOHN COMPANY has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December, 2008.

Marlene Christopher

Registrar

PATENT NO. 341EP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 26 March 2008 there has been delivered to me a declaration in writing signed by the said MERCK & CO., INC, of a certain invention, whereof the said MERCK & CO., INC claims to be the inventor or proprietor, being an invention for Substituted Furo [2,3-B]Pyridine Derivatives, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said MERCK & CO., INC has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December, 2008.

Marlene Christopher

Registrar

PATENT NO. 34OEP

I, Marlene Christopher, Registrar of Patents and Designs for Bermuda, do hereby certify that on 26 March 2008 there has been delivered to me , a declaration in writing signed by the said GLAXO GROUP LIMITED, of a certain invention, whereof the said GLAXO GROUP LIMITED claims to be the inventor or proprietor, being an invention for CHEMICAL COMPOUNDS, together with a specification particularly describing the nature of such invention and the manner in which the same is to be performed, and that the name of the said GLAXO GROUP LIMITED has been entered in the Register of Patents as the proprietor of this patent.

In witness whereof I have hereunto set my hand at it in Bermuda this 3rd day of December, 2008.

Marlene Christopher

Registrar

NO. 967

Acquisition of Land

Notice is hereby given that DAVID LAWRENCE DOBBIN a Canadian citizen is applying to the Minister of Labour, Home Affairs and Housing for sanction to acquire a freehold interest in the property known as "Marellen Hill", 33 Knapton Hill, situate in Smith's Parish.

N.B. Any person who knows why a sanction to acquire property in Bermuda should not be granted to the applicant should send a written statement to the Minister of Labour and Immigration, P.O. Box 1364, Hamilton HM FX, no later than the 30th December, 2008.

NO. 968

Acquisition of Land

Notice is hereby given that THOMAS R ELLIS an American citizen is applying to the Minister of Labour, Home Affairs and Housing for sanction to acquire a freehold interest in the property known as "Bacardi on the Rocks", 28 Knapton Estates Road, situate in Smith's Parish.

N.B. Any person who knows why a sanction to acquire property in Bermuda should not be granted to the applicant should send a written statement to the Minister of Labour and Immigration, P.O. Box 1364, Hamilton HM FX, no later than the 30th December, 2008.

NO. 969

Acquisition of Land

Notice is hereby given that ROGER JOHN THOMPSON and NANCY ELIZABETH THOMPSON both Canadian citizens are applying to the Minister of Labour, Home Affairs and Housing for sanction to acquire in joint tenancy a leasehold interest in the property known as "Inwood Unit #24", 1 Inwood Drive, situate in Paget Parish.

N.B. Any person who knows why a sanction to acquire property in Bermuda should not be granted to the applicants should send a written statement to the Minister of Labour and Immigration, P.O. Box 1364, Hamilton HM FX, no later than the 30th December, 2008.

NO. 970

Acquisition of Land

Notice is hereby given that STEVEN ALLEN PHILLIPS a Bermudian is applying to the Minister of Labour, Home Affairs and Housing as constructive trustee for sanction to acquire a leasehold interest in the property known as Farm Lane Mews Unit #6 situate at 5 Farm Lane in Warwick Parish on behalf of his non-Bermudian wife JENNIFER ANN PHILLIPS.

N.B. Any person who knows why a sanction to acquire property in Bermuda should not be granted to the applicants should send a written statement to the Minister of Labour, Home Affairs and Housing, P.O. Box 1364, Hamilton HM FX, no later than the 30th December, 2008.

BR 79/2008

MERCHANT SHIPPING ACT 2002

2002 : 35

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008

ARRANGEMENT OF CLAUSES

PART I

GENERAL

1 Short title

2 Interpretation

PART II

APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION

FOR BERMUDA SHIPS OF 24 METRES IN LENGTH AND OVER

3 Application

4 Method of measurement

5 Calculation of volumes

6 Gross tonnage

7 Net tonnage

8 Segregated ballast oil tankers

9 Issue of certificates

10 Cancellation of certificates

11 Change of net tonnage necessitating issue of certificates

12 Use of gross tonnage ascertained under previous regulations

PART III

APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION

FOR BERMUDA SHIPS OF LESS THAN 24 METRES IN LENGTH,

OTHER THAN FISHING VESSELS

13 Application

14 Measurement and certification

PART IV

NON-BERMUDA SHIPS

15 Ascertainment of tonnage and certification

PART V

MISCELLANEOUS

16 Penalties

17 Revocation

SCHEDULE 1

Coefficients K1 and K2 Referred to in Sections 6, 7 and 8

SCHEDULE 2

Excluded Spaces as Defined in Section 2

The Minister responsible for Shipping, in exercise of the powers conferred by section 33 of the Merchant Shipping Act 2002, makes the following regulations:

PART I

GENERAL

Short title

1 These Regulations may be cited as the Merchant Shipping (Tonnage) Regulations 2008.

Interpretation

2 In these Regulations -

"Act" means the Merchant Shipping Act 2002;

"Administration" means the Government of the state whose flag the ship is flying;

"amidships" means the mid-point of the length, except in the case of a ship of less than 24 metres in length when it means the mid-point of the length overall;

"breadth" means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material;

"break" means the space bounded longitudinally by a side to side upward step in the lowest line of the upper deck and another such step or the end of the ship, transversely by the sides of the ship and vertically by the higher part of the deck and the lowest line of the upper deck continued parallel thereto;

"cargo spaces" means enclosed spaces which are appropriated for the transport of cargo to be discharged from the ship;

"Certifying Authority" means the Minister responsible for Shipping or any person authorised by the Minister for the purposes of these Regulations;

"Contracting Government" means the Government of a country which has accepted the Convention;

"Convention" means the International Convention on Tonnage Measurement of Ships, 1969;

"enclosed spaces" means all those spaces, other than excluded spaces, which are bounded by the ship's hull, by fixed or portable partitions or bulkheads or by decks or coverings other than permanent or moveable awnings: no break in a deck, nor any opening in the ship's hull, in a deck or in a covering of a space, or in the partitions or bulkheads of a space, nor the absence of a partition or bulkhead, shall preclude a space from being included in the enclosed spaces and, for the purposes of this definition, "excluded spaces" mean, subject to paragraph (f), any of the spaces specified in paragraphs (a) to (e) -

(a) that part of an enclosed space within an erection opposite an end opening and extending from the opening to an athwartship line at a fore and aft distance from the opening equal to half the breadth of the deck at the line of the opening: such end opening shall have a breadth equal to or greater than 90 per cent of the breadth of the deck at the line of the opening and shall extend from deck to deck or to a curtain plate of a depth not exceeding by more than 25 millimetres the depth of the adjacent deck beams, as specified in Figure 1 of Schedule 1: provided that -

(i) where at any point the width of the enclosed space because of any arrangement except convergence of the outside plating, as specified in Figure 3 of Schedule 1, becomes less than 90 per cent of the breadth of the deck at the line of the opening, the excluded space shall extend only to an athwartship line intersecting that point, as specified in Figures 2 and 4 of Schedule 1;

(ii) where the opposite ends of two enclosed spaces are separated by a gap, which is completely open except for bulwarks or open rails and of fore and aft length less than half the least breadth of the deck at the gap, then no part of the enclosed spaces shall be excluded, as specified in Figures 5 and 6 of Schedule 1;

(b) a space under an overhead deck covering open to the sea and weather having no other connection on the exposed sides with the body of the ship than the stanchions necessary for its support: in such a space, open rails or a bulwark and curtain plate may be fitted or stanchions fitted at the ship's side, provided that the distance between the top of the rails or the bulwark and the curtain plate is not less than 0.75 metres or one-third of the height of the space, whichever is the greater, as specified in Figure 7 of Schedule 1;

(c) a space in a side-to-side erection between opposite side openings not less in height than 0.75 metres or one-third of the height of the erection whichever is the greater: if the opening in such an erection is provided on one side only, the space to be excluded from the volume of enclosed spaces shall be limited inboard from the opening to a maximum of one half of the breadth of the deck in way of the opening, as specified in Figure 8 of Schedule 1;

(d) a space in an erection immediately below an uncovered opening in the deck overhead, provided such an opening is exposed to the weather and the space excluded from enclosed spaces is limited to the area of the opening, as specified in Figure 9 of Schedule 1;

(e) a recess in the boundary bulkhead of an erection which is exposed to the weather and the opening of which extends from deck to deck without means of closing, provided that the interior width is not greater than the width at the entrance and its extension into the erection is not greater than twice the width of its entrance, as specified in Figure 10 of Schedule 1;

(f) notwithstanding paragraphs (a) to (e), any space listed in those subsections which fulfills at least one of the following conditions shall be treated as an enclosed space -

(i) the space is fitted with shelves or other means for securing cargo or stores;

(ii) the openings are fitted with any means of closure;

(iii) the construction provides a possibility of such openings being closed;

"length" means the greater of the following distances -

(a) the distance between the fore side of the stem and the axis of the rudder stock; or

(b) 96 per cent of the distance between the fore side of the stem and the aft side of the stern,

the points and measurements being taken respectively at and along a waterline at 85 per cent of the least moulded depth of the ship: in the case of a ship having a rake of keel the waterline shall be parallel to the designed waterline;

"length overall" means the distance between the foreside of the foremost fixed permanent structure and the afterside of the aftermost fixed permanent structure; and "fixed permanent structure" includes any portion of the hull which is capable of being detached, but which is fixed in place during the normal operation of the vessel: it does not include functional arrangements such as safety rails, bowsprits, pulpits, stemhead fittings, rudders, steering gear, outdrives, outboard motors, propulsion machinery, diving platforms, boarding platforms, rubbing strips and fenders, other than where such functional arrangements are designed to replace any part of the hull that has been removed;

"Load Line Rules" means the UK Merchant Shipping (Load Line) Rules 2003; or in relation to any ship not registered in Bermuda any corresponding rules of the country in which the ship is registered;

"moulded depth", and in the case of a ship of less than 24 metres "depth", means the vertical distance measured from the top of the keel of a metal ship, or in wood and composite ships from the lower edge of the keel rabbet, to the underside of the upper deck at side, or, in the case of a ship which is not fully decked, to the top of the upper strake or gunwale, provided that -

(a) where the form at the lower part of the midship section is of a hollow character, or where thick garboards are fitted, the distance is measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel;

(b) in the case of a glass reinforced plastic ship where no keel member is fitted and the keel is of open trough construction, the distance is measured from the top of the keel filling, if any, or the level at which the inside breadth of the trough is 100 millimetres, whichever gives the lesser depth;

(c) in ships having rounded gunwales, the distance is measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwales were of angular design; and

(d) where the upper deck is stepped and the raised part of the deck extends over the point at which the moulded depth is measured, the distance is measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part; and for the purposes of this definition -

(i) "upper deck" means the uppermost complete deck exposed to weather and sea, which has permanent means of weathertight closing of all openings in the weather part thereof, and below which all openings in the sides of the ship are fitted with permanent means of watertight closing: in a ship having a stepped upper deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is taken as the upper deck; and

(ii) "weathertight" means that in any sea conditions water will not penetrate the ship;

"moulded draught" means -

(a) for ships assigned load lines in accordance with the Load Line Rules, the draught corresponding to the Summer Load Line (other than timber load lines);

(b) for passenger ships, the draught corresponding to the deepest subdivision load line assigned in accordance with the UK Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and IIA) Regulations 1998;

(c) for ships to which no load line has been assigned but the draught of which is restricted by the Minister, the maximum permitted draught; and

(d) for other ships, 75 per cent of the moulded depth amidships;

"non-Bermuda ship" means a ship which is not a Bermuda ship within the meaning of section 93(4) of the Act;

"oil tanker" means a ship constructed or adapted to carry oil in bulk in its cargo spaces and includes combination carriers, any NLS tanker as defined in Annex II of the MARPOL Convention and any gas carrier as defined in regulation 3.20 of Chapter II-1 of SOLAS 74 (as amended) when carrying a cargo or part cargo of oil in bulk;

and for the purposes of this definition "combination carrier" means a ship designed to carry either oil or solid cargoes in bulk;

"passenger" means any person carried in a ship except -

(a) a person employed or engaged in any capacity on board the ship on the business of the ship;

(b) a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner nor the charterer (if any) could have prevented;

(c) a child under one year of age;

"pleasure vessel" means -

(a) a vessel which at the time it is being used is -

(i) in the case of a vessel wholly owned by an individual or individuals, used only for the sport or pleasure of the owner or immediate family or friends of the owner; or in the case of a vessel owned by a body corporate, used only for sport or pleasure and on which the passengers are employees or officers of the body corporate, or their immediate family or friends; and

(ii) on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion;

and no other payments are made by or on behalf of users of the vessels other than by the owner; or

(b) any vessel wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family; and for the use of which any charges levied are paid into club funds and applied for the general use of the club; and no other payments are made by or on behalf of users of the vessel, other than by the owner;

and, for the purposes of this definition, "immediate family" means in relation to an individual, the husband or wife of the individual and a relative of the individual or the individual's husband or wife, and "relative" means brother, sister, ancestor or lineal descendant;

"similar stage of construction" means the stage at which -

(a) construction identifiable with a specific ship begins; and

(b) assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material whichever is less;

"surveyor" means a surveyor appointed by the Certifying Authority.

PART II

APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR BERMUDA SHIPS OF 24 METRES IN LENGTH AND OVER

Application

3 This Part applies to ships, being ships of 24 metres in length or over, registered or to be registered in Bermuda under Part IV of the Act and for which the ascertainment of tonnage is required under Regulations made under section 33 of the Act.

Method of measurement

4 (1) A ship shall be measured by a surveyor.

(2) The gross and net tonnages shall be determined in accordance with sections 6 and 7 provided that in the case of novel types of craft with constructional features which render the application of these sections unreasonable or impracticable, the gross and net tonnages shall be determined as required by the Minister.

(3) All measurements used in the calculations of volumes shall be taken and expressed in metres to the nearest one hundredth of a metre.

(4) Gross and net tonnages shall be expressed as whole numbers, decimals being rounded off downwards.

Calculation of volumes

5 (1) All volumes included in the calculation of gross and net tonnages shall be measured, irrespective of the fitting of insulation or the like, to the inner side of the shell or structural boundary plating in ships constructed of metal, and to the outer surface of the shell or to the inner side of the structural boundary surfaces in ships constructed of any other material.

(2) Volumes of appendages shall be included in the total volume.

(3) Volumes of spaces open to the sea shall be excluded from the total volume.

(4) The method and accuracy of the calculations shall be sufficiently detailed to facilitate checking.

Gross tonnage

6 The gross tonnage (GT) of a ship shall be determined by the following formula -

GT= K1V

where -

V = total volume of all enclosed spaces of the ship in cubic metres; and

K1 = 0.2 + 0.02 log10 V, as specified in Schedule 2.

Net tonnage

7 The net tonnage (NT) of a ship shall be determined by the following formula -

where -

Vc = total volume of cargo spaces in cubic metres;

K2 = 0.2 + 0.02 log10 Vc , as specified in Schedule 2;

K3 = 1.25 [GT + 10,000]

10,000

GT = gross tonnage calculated in accordance with section 6;

D = moulded depth amidships in metres;

d = moulded draught amidships in metres;

N1 = number of berths for passengers in cabins with not more than 8 berths; and

N2 = number of other passengers who may be accommodated on the ship;

provided that -

(a) the factor -

shall not be taken as greater than unity;

(b) the term -



shall not be taken as less than 0.25 GT;

(c) N1 and N2 shall be taken as zero when N1 + N2 is less than 13; and

(d) NT shall not be taken as less than 0.30 GT.

Segregated ballast oil tankers

8 (1) Where segregated ballast tanks complying with Regulation 18 of Annex 1 of the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating to that Convention, are provided in oil tankers, an entry may be made on the International Tonnage Certificate (1969) indicating the total tonnage of these tanks.

(2) The tonnage of such segregated ballast shall be calculated according to the following formula -

K1 x Vb

where -

K1 = 0.2 + 0.02 log10 V, as specified in Schedule 2;

V = the total volume of all enclosed spaces of the ship in cubic metres; and

Vb = the total volume of segregated ballast tanks in cubic metres measured in accordance with section 5.

Issue of certificates

9 If it is in order to do so, the Certifying Authority shall issue to the owner, an International Tonnage Certificate (1969) in the form set out in the Convention certifying the tonnages of the ship and containing the particulars to be shown thereon.

Cancellation of certificates

10 (1) Where alterations are made in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry under the terms of the ship's passenger certificate, assigned load line, or permitted draught of the ship such as would cause an increase in the gross or net tonnage, the existing International Tonnage Certificate (1969) shall cease to be valid and shall be delivered up to and cancelled by the Certifying Authority.

(2) When a ship is transferred from the Bermuda Register the International Tonnage Certificate (1969) shall cease to be valid except when the transfer is to the Administration of a state which is a Contracting Government, in which case the certificate may remain in force for a period not exceeding 3 months or until the new Administration issues another International Tonnage Certificate (1969), whichever is the earlier.

(3) The Certifying Authority shall transmit to the Administration of that Government as soon as possible after the transfer has taken place a copy of the certificate carried by the ship at the time of transfer and a copy of the relevant tonnage calculations.

Change of net tonnage necessitating issue of certificate

11 (1) When alterations in the values of V, Vc, d, N1 or N2 as defined in sections 6 and 7 result in an increase in the net tonnage a new International Tonnage Certificate (1969) incorporating the increased net tonnage shall be issued.

(2) In the case of a passenger ship assigned subdivision load lines in accordance with the UK Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and IIA) Regulations 1998 and load lines in accordance with the Load Line Rules only one net tonnage shall be applied: where the draught corresponding to the Summer load line differs from that corresponding to the deepest subdivision load line the net tonnage shall, subject to subsection (3), be that determined in accordance with section 7 by applying the draught corresponding to the appropriate assigned load line for the trade in which the ship is engaged.

(3) Subject to subsection (4), where alterations in the values of V, Vc, d, N1 or N2, as defined in sections 6 and 7, or changes in the position of the load lines result in a decrease in the net tonnage, a new International Tonnage Certificate (1969) incorporating the decreased net tonnage shall not be issued until 12 months have elapsed from the date on which the current certificate was issued.

(4) A new International Tonnage Certificate (1969) may be issued forthwith when -

(a) a ship which was registered outside Bermuda is re-registered in Bermuda;

(b) a ship undergoes alterations or modifications of a major character such as the removal of a superstructure, which requires an alteration of the assigned load line; or

(c) the ship is a passenger ship employed in special trades for carriage of large numbers of special trade passengers, such as the pilgrim trade.

Use of gross tonnage ascertained under previous regulations

12 (1) In the case of a ship -

(a) which is a ship the keel of which was laid or which was at a similar stage of construction before 18th July 1982;

(b) which is a ship the keel of which was laid or which was at a similar stage of construction not later than 31st December 1985, not being a ship referred to in paragraph (a); or

(c) which is a cargo ship of less than 1600 tons gross tonnage when ascertained in accordance with Schedule 5 and Appendices 1 to 4 thereto of the UK Merchant Shipping (Tonnage) Regulations 1982, the keel of which was laid or which was at a similar stage of construction before 18th July 1994, not being a ship referred to in paragraph (a),

the Minister may permit the continuing use of a gross tonnage additionally ascertained in accordance with Schedule 5 and Appendices 1 to 4 thereto of the UK Merchant Shipping (Tonnage) Regulations 1982 for the purpose of the application of regulations implementing the International Convention for the Safety of Life at Sea 1974, the Protocol of 1978 relating to that Convention, the International Convention for the Prevention of Pollution from Ships, 1973, the Protocol of 1978 relating to that Convention and the International Convention on Standards of Training, Certification and Watchkeeping of Seafarers, 1978, as amended on 7th July 1995.

(2) An International Tonnage Certificate (1969) may be annotated, under "Remarks", by the Certifying Authority -

(a) in the case of ship to which subsection (1)(a) refers, with the duly completed and signed entry -

"The ship is remeasured according to article 3(2)(d) of the 1969 Tonnage Convention.

The GROSS TONNAGE according to the measurement system previously in force to the measurement system of the International Convention on Tonnage Measurement of Ships, 1969, is: ............................ RT, according to the regulations ............................"; and

(b) in the case of a ship to which subsection (1)(b) or (c) refers, with the duly completed and signed entry -

"The ship is additionally measured according to resolution A. 494(XII).

The GROSS TONNAGE according to the measurement system previously in force to the measurement system of the International Convention on Tonnage Measurement of Ships, 1969, is: ............................ RT, according to the regulations ............................".

(3) Where such an entry has been made on an International Tonnage Certificate (1969) and the ship undergoes alterations or modifications which affect its tonnage the old tonnage referred to in subsection (1) shall be deleted.

(4) Where a gross tonnage has been ascertained and is to be used in accordance with subsection (1), then any certificate issued for the purposes of the conventions and protocols referred to shall record only that gross tonnage together with an appropriate footnote -

"The above gross tonnage has been determined by a Certifying Authority (a tonnage authority) of Bermuda in accordance with the national tonnage rules which were in force prior to the coming into force of the International Convention on Tonnage Measurement of Ships, 1969."; or

"See REMARKS column of the valid International Tonnage Certificate (1969)".

PART III

APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR BERMUDA SHIPS

OF LESS THAN 24 METRES IN LENGTH,

OTHER THAN FISHING VESSELS

Application

13 This Part shall apply to ships, being ships of less than 24 metres in length, and not being fishing vessels, registered or to be registered under Part IV of the Act and for which the ascertainment of tonnage is required under Regulations made under section 33 of the Act.

Measurement and certification

14 (1) A ship shall be measured by a surveyor or by a measurer appointed by an organisation authorised by the Minister.

(2) The tonnage of a ship shall be the sum of -

(a) the product of multiplying together its length overall, extreme breadth over the outside hull and depth in metres and multiplying the resultant figure by 0.16; and

(b) the tonnage of any break or breaks, calculated for each break by multiplying together its mean length, mean breadth and mean height in metres and multiplying the resultant figure by 0.35.

(3) For the purpose of this Part -

(a) the breadth of a ship shall be its extreme breadth over the outside plating, planking or hull, no account being taken of rubbers or fenders even if they are moulded so as to be integral with the hull;

(b) the depth of a ship shall be measured vertically at the midpoint of the length overall;

(c) the upper terminal point for depth shall be -

(i) in the case of a decked ship, the underside of the deck on the middle line or, if there is no deck on the middle line at the point of measurement, the underside of the deck at the side of the ship plus the full deck camber; and

(ii) in the case of an open ship, the top of the upper strake or gunwale;

(d) the lower terminal point of depth shall be -

(i) in the case of a wooden ship, the upper side of the plank at the side of the keel or hog;

(ii) in the case of a metal ship, the top of the plating at the side of the keel; and

(iii) in the case of a glass reinforced plastic ship, the inside of the hull;

(e) in the case of a glass reinforced plastic ship where no keel member is fitted and the keel is of open trough construction, the lower terminal point for depth shall be the top of the keel filling, if fitted, or the level at which the inside breadth of the trough is 10 centimetres, whichever gives the greater depth;

(f) where a break exists in the way of the point of measurement for depth, the height of the break shall not be included in the measurement of depth.

(4) The tonnage determined in accordance with subsection (2) shall be the gross tonnage and net tonnage.

(5) In the case of a multi-hull ship the tonnage of each hull shall be measured separately and the sum of such tonnages shall be used in computing the tonnage referred to in subsection (2).

(6) All measurements used in the calculations of volumes shall be taken and expressed in metres to the nearest one hundredth of a metre.

(7) Tonnage shall be expressed to two decimal places, the second decimal place being increased by one if the third decimal place is 5 or more.

(8) On completion of the measurement the surveyor or measurer, as the case may be, shall forward to the Minister a Certificate of Measurement in a form approved by the Minister.

(9) Where alterations are made in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry under the terms of the ship's passenger certificate, assigned load line, or permitted draught of the ship such as would cause an increase in the tonnage, the existing measurement shall cease to be valid, any certificate shall be delivered up to and cancelled by the issuer and the owner of the ship shall make an application for it to be remeasured in accordance with subsection (1).

(10) Notwithstanding subsection (2) nothing in this Part shall be taken to require any ship 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.

PART IV

NON-BERMUDA SHIPS

Ascertainment of tonnage and certification

15 (1) The Minister may, at the request of the Administration of a Contracting Government, ascertain the gross and net tonnages of a non-Bermuda ship in accordance with Part II and issue to the owner an International Tonnage Certificate (1969): in such cases the certificate shall be endorsed to the effect that it has been issued at the request of the Government of the state whose flag the ship is or will be flying, and a copy of the certificate and the calculations of the tonnages shall be transmitted to the requesting Government as soon as possible.

(2) The Certifying Authority may, at the request of an owner of a non-Bermuda ship flying the flag of a State whose Government is not a Contracting Government, ascertain the gross and net tonnages of the ship in accordance with Part II and issue a Certificate of British Tonnage measurement: in such a case the certificate shall bear the endorsement "for use only whilst within Bermuda waters".

PART V

MISCELLANEOUS

Penalties

16 Any owner or master who fails without reasonable cause to deliver up a certificate for cancellation as required by sections 10(1) or 14(9) commits an offence punishable on summary conviction by a fine not exceeding $1,000.

Revocation

17 The UK Merchant Shipping (Tonnage) Regulations 1982 No. 841 are revoked.

SCHEDULE 1

(Section 2)

EXCLUDED SPACES AS DEFINED IN SECTION 2

In the following figures:

O = excluded space;

C = enclosed space;

I = space to be considered as an enclosed space. (Hatched-in parts to be included as enclosed spaces;

B = breadth of the deck in way of the opening. (In ships with rounded gunwales the breadth is measured as indicated in Figure 11).

SCHEDULE 2

(Sections 6, 7 and 8)

COEFFICIENTS K1 AND K2 REFERRED TO IN SECTIONS 6, 7 AND 8

V or Vc = Volume in cubic metres;

Coefficients K1 or K2 at intermediate values of V or Vc shall be obtained by linear interpolation

V or Vc K1 or K2 V or Vc K1 or K2 V or Vc K1 or K2 V or Vc K1 or K2

10 0.2200 45 000 0.2931 330 000 0.3104 670 000 0.3165

20 0.2260 50 000 0.2940 340 000 0.3106 680 000 0.3166

30 0.2295 55 000 0.2948 350 000 0.3109 690 000 0.3168

40 0.2320 60 000 0.2956 360 000 0.3111 700 000 0.3169

50 0.2340 65 000 0.2963 370 000 03.114 710 000 0.3170

60 0.2356 70 000 0.2969 380 000 0.3116 720 000 0.3171

70 0.2369 75 000 0.2975 390 000 0.3118 730 000 0.3173

80 0.2381 80 000 0.2981 400 000 0.3120 740 000 0.3174

90 0.2391 85 000 0.2986 410 000 0.3123 750 000 0.3175

100 0.2400 90 000 0.2991 420 000 0.3125 760 000 0.3176

200 0.2460 95 000 0.2996 430 000 0.3127 770 000 0.3177

300 0.2495 100 000 0.3000 440 000 0.3129 780 000 0.3178

400 0.2520 110 000 0.3008 450 000 0.3131 790 000 0.3180

500 0.2540 120 000 0.3016 460 000 0.3133 800 000 0.3181

600 0.2556 130 000 0.3023 470 000 0.3134 810 000 0.3182

700 0.2569 140 000 0.3029 480 000 0.3136 820 000 0.3183

800 0.2581 150 000 0.3035 490 000 0.3138 830 000 0.3184

900 0.2591 160 000 0.3041 500 000 0.3140 840 000 0.3185

1 000 0.2600 170 000 0.3046 510 000 0.3142 850 000 0.3186

2 000 0.2660 180 000 0.3051 520 000 0.3143 860 000 0.3187

3 000 0.2695 190 000 0.3056 530 000 0.3145 870 000 0.3188

4 000 0.2720 200 000 0.3060 540 000 0.3146 880 000 0.3189

5 000 0.2740 210 000 0.3064 550 000 0.3148 890 000 0.3190

6 000 0.2756 220 000 0.3068 560 000 0.3150 900 000 0.3191

7 000 0.2769 230 000 0.3072 570 000 0.3151 910 000 0.3192

8 000 0.2781 240 000 0.3076 580 000 0.3153 920 000 0.3193

9 000 0.2791 250 000 0.3080 590 000 0.3154 930 000 0.3194

10 000 0.2800 260 000 0.3083 600 000 0.3156 940 000 0.3195

15 000 0.2835 270 000 0.3086 610 000 0.3157 950 000 0.3196

20 000 0.2860 280 000 0.3089 620 000 0.3158 960 000 0.3196

25 000 0.2880 290 000 0.3092 630 000 0.3160 970 000 0.3197

30 000 0.2895 300 000 0.3095 640 000 0.3161 980 000 0.3198

35 000 0.2909 310 000 0.3098 650 000 0.3163 990 000 0.3199

40 000 0.2920 320 000 0.3101 660 000 0.3164 1 000 000 0.3200

Made this 5th day of December, 2008

Premier

BR 80/2008

MERCHANT SHIPPING ACT 2002

2002 : 35

MERCHANT SHIPPING (EPIRB REGISTRATION) REGULATIONS 2008

ARRANGEMENT OF CLAUSES

1 Short title

2 Interpretation

3 Application

4 Competent authority

5 Requirements for EPIRBs to be registered

6 Change in registered particulars

7 Offences

8 Defence

The Minister responsible for Shipping, after consulting the persons referred to in section 94(3) of the Merchant Shipping Act 2002, and in exercise of the powers conferred by section 93(1) of that Act, makes the following regulations:

Short title

1 These Regulations may be cited as the Merchant Shipping (EPIRB Registration) Regulations 2008.

Interpretation

2 In these Regulations -

"Bermuda ship" means a ship which is a Bermuda ship within the meaning of section 16(3) of the Merchant Shipping Act 2002;

"Cospas-Sarsat satellite service" means a satellite aided search and rescue system designed to locate distress beacons transmitting in the 406 MHz band and on other frequencies;

"EPIRB" means an emergency position indicating radio beacon capable of transmitting a distress alert either through the Cospas-Sarsat satellite service operating in the 406 MHz band or through the INMARSAT geostationary satellites operating in the 1.6 GHz band;

"INMARSAT" means the Organisation established by the Convention on the International Maritime Satellite Organisation adopted on 3rd September 1976;

"MID" means Maritime Identification Digits, being the three digits within the MMSI that identify the country where the ship is registered;

"MMSI" means Maritime Mobile Service Identity, being a nine-digit identification number made up of the three-digit MID followed by a six-digit identification number;

"operator" includes the master and any charterer, manager or agent of the ship;

"surveyor of ships" means any person appointed by the Minister either generally or in a particular case, to exercise the functions of a surveyor, under these Regulations;

"survival craft" means a craft capable of sustaining the lives of persons in distress from the time of abandoning the ship.

Application

3 These Regulations apply to Bermuda ships wherever they may be.

Competent authority

4 (1) For the purposes of these Regulations, Bermuda Maritime Operations Centre is designated as the competent authority for Bermuda.

(2) In these Regulations, in relation to any other member State of the International Telecommunications Union, "competent authority" means the authority designated as such by the State as the authority in that State for registering the details of EPIRBs.

Requirements for EPIRBs to be registered

5 (1) The owner and the operator of every Bermuda ship shall ensure that every EPIRB carried on the ship (whether or not carried in compliance with statutory requirements) is registered with a competent authority and that the registered particulars are correct.

(2) The registered particulars referred to in subsection (1) are the following -

(a) ship name;

(b) radio call sign;

(c) MMSI;

(d) EPIRB information;

(e) brief description of ship, including its length, type, gross tonnage, hull colour, deck colours and identifying marks;

(f) capacity of ship for carrying persons on board (passengers and crew);

(g) number of survival craft (lifeboats and liferafts);

(h) satellite telephone numbers;

(i) name, address, telephone and (if applicable) telefax number or e-mail address of emergency contact person ashore; and

(j) alternative 24-hour emergency telephone number (alternative contact ashore).

(3) Every owner or operator of a ship shall make evidence that every EPIRB carried on the ship is registered in accordance with subsection (1) readily available on board for inspection at all times by a surveyor of ships.

Change in registered particulars

6 Where in respect of an EPIRB registered with a competent authority there is any change in the particulars registered with that competent authority, the owner or the operator of the ship to which those particulars relate shall, as soon as is reasonably practicable after the change, give written notice of it to the competent authority.

Offences

7 (1) Any owner or operator of a ship who contravenes section 5(1) or 6 commits an offence and is punishable on summary conviction by a fine not exceeding $5,000.

(2) Any owner or operator of a ship who contravenes section 5(3) commits an offence and is punishable on summary conviction by a fine not exceeding $2,000.

Defence

8 It shall be a defence for a person charged under section 7 to show that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

Made this 5th day of December, 2008.

Premier