ACT No. XXXVII of 19811 AN ACT furlher IQ amend Ihe Mercluml Shipping Aa, /973.

[ assent.

PAU L X U ERED

(L.S.)

Acting President

20th December. 1988

ACT No. XXXVII of 19811

AN ACT furlher IQ amend Ihe Mercluml Shipping Aa, /973.

BE IT ENACTED by the President. by and with the advice and

consent of the Ho use of Representatives, in this present Parliament

assembled and by the authority of the same. as foHows:-

l. This Act may be cited as the Merchant Shipping(Amendment)

Act , 1988 and shaH be read and construed as one with the Merchant

Shipping Act, 1973, hereinafter referred to as ~the principal Act".

This Act shall come into force on such date as the Minister

responsible for shipping m~y , by nOlice in the Gazelle, appoint . and di(-

feren t dates may be so appointed for different provisions and d ifferent

purposes thereof.

The principal Act shall be amended as follows

(a) wherever reference is made to {he words "certificate or

ce rtificates of mortgage~ and to the words "certificate or

certificates of sa[e" such reference sh aH be deleted; and

(b) whe rever reference is made to the word "pound s" it shall

be substituted by th e word "liri".

Section 2 of th e principal Act , shall be amended as follows

(3) subsection ( I) thereof shall be amended as follows

(i) afte r the definition of ~Minister" there shall be

added the following new definition

""month" means ~ea[endar month;" ;

(ii) th e definition of "register book" sha ll be deleted and

substituted by the following new definition

" "register" means the record to be kept by the

registrar under sectio n 365 of this Act ;";

and whe rever the words "register book" occur in the principal

Act , they shall be substitu ted by the wo rd "register" ;

(iii) the definition of "registrar~ shall be deleted a nd

subst ituted by the following new definition

" "registrar" means a pe rson appointed as registrar

under section 364 of this Act , and includes any person

acting under his authority wi th the pennission of the

Registrar-General;" ;

(iv) the definitioll of "Registrar-General" shall be

deleted and substituted by the following new definition

" " Registrar-General" means the Registrar-General

of Shipping and Seamen appointed under sect ion 363 of

this Act and includes any person acting under his

authority;";

(v) the definition of "ship" shall be dele ted and substi-

tuted by the following new definition

" "ship" means every description of vC5scl used in

navigation , whether self propelled or not, and it includes

barges. pontoons 11l'Ld oil rigs and o ther similar vessels.

but not in cluding vessels propelled by oars, and for

those parts of the Act wh erever applicable it shall also

include a ship under constructi on;";

the definition of "ship' s registrar" shall be deleted;

(vi)

and wherever the words "the ship's registrar" occur in

the principal Act. thcy shall be deleted and substituted

hy the words "the registrar"; and

(b) immediately after subsection (1) thereof there shall be

added the following new subsection

"(2) Any notice required to be sent under this Act to the

master , owner, or any other person represeming the sh ip shall

be deemed to have been duly received and notified if sent by

registered post to the last address of the owner registered with

the registrar ." .

Section 3 of the principal Act, shall be amended as follows

(a) in subsection (I) thereof, immediately after the words

"exempted from regist ry" there shall be inserted the words "or a

ship refcrrcd to in subsection (7) of thi s section ;"

(b) the words "fifteen nCI IOns" in subsect ion (2) thereof

shall be deleted and substituted by the words "t"'cnty-four metres

in length"; and

immediately ar!eT subsect ion (2) thereuf there shall be

(c)

added the following new subsect ions

"(3) Il shall be lawful to register any ship which is being

buih oreq uipped and that when builtorequipped will be a ship

registrable under this Act.

(4) Pending completion Ihe ship may be assigned an of-

ficial number and a name.

(5) For the purposcsofidentifieation thcownerofsueh

ship that is being built or equipped shall identify it by painting

the official nu mber, name and port of registry on the keel, such

details \ 0 be reproduced on the ship's side and eventually on

the stern, as may be possible from time to time a nd prior to the

above being possible the owner shaH identify it by painting on

a board. maintained Dear the place in the yard ofbuilderwhere

the ship is being built, the assigned number, nam e and port of

registry , on a dark background, in white or yellow figures and

letters of nO! less than ten centimetres in length .

(6) The requi rements of this Act relat ing to survey and

safety of sh ips a lready built shall be suspended until the con-

st ruction o r equipping of the ship is completed.

(7) Notwithstandi ng any other provision of thi5 Act.

ships under six metres in lengt h shall not be registrable under

thi, Act. ".

6, Followm g subsection (2) of section 4 of the principal Act , there

shall be added the following new subsection

"(3) For the purposes of paragraph (b) of subset:tion (I)

hereof the Minister may , by regul ations, establish such other condi-

tions as he may deem expedie nt in order to e nsure the proper appli-

cation of this Act, and the due observance of the laW1i of Malta re-

lating 10 merchant shipping. ".

L_a rtikol u 3 ta' I-All principali ghandu jigi emendal kif gej

(a) fis-suharlikolu (I) liegllu, minnufih wara I-khem "eien-

tal mir-regislralzjoni" ghandhom jidhlll I-ldi em "jew baSliment h

ghalih jirreferi is-subartikolll (7) ta' dan I-artikolu

(h) fis-sllbartikolu (2) lieghu, minflok il- kliem "pii ta' mhux

iijed minn hmistax- il tllnnellala netta" ghandhom jidhlu I-kliem

"tul la' mhux ;l:jed minn erbgha II glloxrin metru"; u

(c) minnufih wara s-subartikolu (2) ticghu ghandhom

jiZdiedu s-suba rtik oli godda li gejjin

"'(3) Ikun jista' jigi registrat kull baSlimem li jkun

qieghed jinhena jew jitghammar u li mela jinbcna jew

jilgha mnlar ikun basli ment li jkun ji>la' jigi registraltaht dan 1-

Atl.

(4) Waql li jkun qieghed jillesta I·haslimcnt jisla' jigi

moghti numru ufficcjali u isem.

(5) Ghall·finijiet la' idc mifikazzjoni, is-sid la' dak il·

baslimem li jkun qieghed jinhena jew jitghammar ghandu

jidentifikah billi ji:i:boh in·numru uffici:jali, I-isem u I-porI la'

regist razzjoni fuq ,I·karina, u dawn id·dellalji ghandhom jigu

riprodolli fuq genb il -baslimenl u eventwal mem fuq il -poppa.

skond kif ikun pos.~ibbli minn :i:micn ghal :i:mien u qabel dan la '

hawn fuq ikun possibbli is·s id ghandu jidentifikah billi jiiboh

fuq labella. mi:i:muma qrib il -posI fit-Iarwar tal-bennej fejn il -

bastiment ikun qieghed Jinbena. Jrl·numru assenjat, I·isem ul ·

port la' registrazzjoni. f uq sfond skur. ffiguri u iUri bojod jew

sofor ta' lulla' mhux anqas minn ghaxar Centimelri .

(6) II -hligiel la' dan I-Att li ghandhom x'jaqsmu ma' 1_

ispcujon u s·s igurt?J. ta' baslimenli diga' mibnija ghandhom

iigu sospizi sakemm lillcsla I-kostruzzjoni jcw iHaghmir tal,

hastimcnL

F) Minkejja kull dispoiizzjoni ohra la' dun I-Atl, bas·

limenti ta' anqas minn sill metri IUI, ma jkunux regislrabbli

lalll dan I-Atl." .

Wara s·subarti kolu (2) t~' I-arlikolu 4 ta' I-An prinCipali.

ghandu jiidicd is·subartikolu gd id li gej

"(3) Ghall-finijiet lal-paragrafu (b) las-subartikolu ( I) la'

dan I-artikolu, il-MiniSlru jisla', pcrmezz la' regolamem i.

jislabbilixxi dawk il·kondizzjonijiel ohra li huwa jisla' jqis ~pedjentj

sab iex ligi assigurala I_applikazzjoni xie rqa la' dan I·AII, u I-harsien

kif imiss lal-ligijiel la' Mal!a dwar il-bastimcmi merkanlili.".

Th e words " the certificate of registry" in section 5 of the princi·

pal Act, shaH be deleted and sub5tituted by the words "anycertificateof

registry issued under section 19 of this Act.".

Section 7 of the principal ACI, shaH be deleted and sub5ti tuted

by the following new section

7. (11 Th e fee due on initial reelSlration and the an-

nual fee for o ne year shall be paid be fore the shIp is regis-

tered, and no certificate of registry as described in section 19

of this Act shall be issued in respect ot a ship unless the said

fees have been paid in respect of the sh ip.

(2) Thereafter the annual fee shall be payable 011

the a nni ~ersa ry of the initial registration .

(3) Not withsmnding that a ship remains on the re·

gister under this Act , no registry fees shall be payable ull les,

and until a certificate is issued under this Act

Provided that in no case may a certificate be issued

as o f a date later than the date of expiry of the last valid certifi-

cate and should the certificate be delive red at a later date. the

fees due shall still accrue from the date of expiry of the last

valid certificate.

(4) The fees specified in subsection (I) of this sec-

tion are paid 011 the basis of the tOllnage declared by thc

owner of the ship on the application for registry and such fees

shall be adjusted in accordance with the tonnage specified in

the surveyor's certificate issued in accordance with section 14

of this Act uiX'n receipt of such certificate by the registrar.

(5) Fecs on initial registration and annual fees

shall not be subject to abatement or refund save as provided

for in thi s Act, or in accordance with regulations whiCh may

be made by the Minister.··.

Sections 9 to 16, both inclusive. of the principal Act . shall be

deleted and substituted by the following new sect ion s

9. A registrar is entit led todemand payment of any out-

,,' P")''''''''' . sta nding

fees, charges or penalties due under this Act prior to

recording any transaction in the register of a ship or prior to

granting any services in connection with a ship

Provided that in any case any registered mortgagee

sha ll always be entitled. on payment of such fee as may be

prescribed, to official documentary e~ id ence as to the status

of his mortgage in the register of any ship.

Procedure for regis/ration

An application for regist ry of a ship, whether provi-

sional or otherwise. shallcomain such information and details

as may be required by the registrar. and sha ll be made. in the

case of individuals by the person requiring 10 be registered as

owner or by some one or more of the persons so requiring if

more than one , or by his or the ir agent, and in the case of

bodies corporate by their agenl; and the authori ty of the

agem shall be testified by writing. if appointed by individuals

under the hand of the appointors, and, if appointed by a body

corporate under the hand of a perso n or persons authorised to

authenticate documents for the body corporate .

A person shall n01 be enti tled 10 be registered as

owoc r of a shi p o r of a share the rei n until hc. o r in the case of

a body corporate the person authorised by Ih is Act 10 make

declarations o n behalf of the body corporate, has made Hnd

signed 11 declaration of ownership referring 10 the sh ip as

dc:scribed in the application refe rred 10 in section IQ o f this

Act and coll1aining the following particulars

(3) a state me nt of his qualification (0 o wn a

Maltese ship or , in t he case of a body corporate, of such

circumstances as prove it to be'lualified 100wn a Mal tese

ship ;

(b) a statement of the lime and place whe re the

ship was built o r if these are not kooWTI . a Slalemenllhal

the declarant does not know the time and place of her

building;

(c) a stateme nt of the name and ci tizenshi p of the

maste r, where applicable ;

(d) a sta temen t of Ihe extent 10 which he o r the

body corporate. as Ihe CIlliC may be. ;s e nlitled to be

registered as owne r;

(e) a declaration IhallO the best or his knowledge

and belief no unqualified person or body o f persons is

entitled as owner to any inte rest in the ship or any share

therei n ; and

(t) a declarat ion as to what

regisu:red

encumbrances. if any , exist on the ship.

Upon recei pt of an appl ic~ t ion for regi stry ,

whether provisional or otherwise, made in accordance with

section 10 of Ihis Act acoornpanied by a declaration of

ownership as required by section II of thi s Act. and upon the

payment of Ihe fees specified in this Act or any regulati ons

made thereunder , the registrar may provisiona lly register the

sbi p as a Maltcse ship for six month s provided th e applica nt

for regist ry has fumished evidence satisfactory to the Minister

Ihal

(a) the ship is either a vessel being built or

equipped, or if already built is seaworth y: and

(b) wbere required the registered o wn er has

satisfied such conditions as may be established ;n

acoordancc: with the provisions of subsection (3) of

section 4 ohhis Act

Provided tha t the registrar may, on good ca use

being shown , renew the provisional registry of a ship for

a further period of, or further periods no t excceding in

the aggregate, sil[ months .

( I) Within one month of provisional regis try ,

extendable for good reason for another period of one mon th.

the owner shall . unless the ship is otherwise e xem pted,

produce to the registrar the rollowing documents and

evidence

(3) a builder's certificate, that is 10 say a certificate

signed by the builder of the ship (which expression

includes such person as the Registrar-General recognises

as carrying on the bU5iness o f the builder of a ship) and

containing true account of the proper denom ination and

of the to nnage orthe ship as esti mated by him , and oflhe

time whe n and the place where she was built , and of the

name of the person (if any) on wlIDse accoun t the ship

was bui lt or. if there has bee n any sale, the bill of sal e o r

olher docume nt under whi<:h Ihe ship or a share therein

was transferred to the applicant for registry ;

(b) evidence satisfactory to the registrar , or as

may be prescribed by the Min iste r, that any foreign

certificate o f registry of the ship, or equivale nt

documents, has been legalJy cance ll ed or the registry has

been duly d osed

Pro vided that the Minister may, in such

circumstances as he may deem appropriate, direct that

no such ce rtificate shall be required where subsequen t to

a court order in Malta in sale by auction of the shi p, or

any ot her order of that cou rt , the o wn er has attempted to

obtain such certificate but due to reasons beyond the

control of th e owne r inordinate delay Ilas occurred. The

MiniSler may give any direction as to the production of

sucll ot ller docu ments as he deems fit;

(c) evidence that the ship's name. he r official

number and he r port of registry have been marked as

provided for in sect ion 15 of thi s Act ; and

(d) evidence . to the satisfaction of th e rcgistmr of

the state of registe red encumbnmees o n the ship.

(2) Withi n ID: months o f provisional registry,

extendable for good reason for anot he r period o f three

months, the owner shall. unless the ship is otherwise

exempted, produce to the regiStrar the following documents

and evidence

(a)

a crew list signed by the master of th e ship ami

~tampcd or e ndorsed by the po rt a uthori ties o f a port o f

call;

(b) ce rtified copies o f the ce rtificate of

compe tency of eve ry office r scrving on the sh ip: the

registrar may require suc ll certificates to be tran sl ated

into tile English langua ge by l ' compete nt person ;

et)

copies of tne safety and load line ce rtificates of

the ship issued by a surveyor of ships;

(d) a tonnage measurement certificate and a

certifICate of survey issued in terms of section 14 of this

Act ; and

(c) 11 carving and marking DOte

issued in

accordance with sed ion 15 of this Act.

(1) Every ship shall before registry be surveyed

by a surveyor of !!hips and her tonnage asc:cnained in

accordance wilh Ihe tonnage regulations of this Act.

(2)

The surveyor shall in his certifica te specify the

ship's tonnage aOO build and such other particulars

descriptive of the identity of t be ship as may from lime 10 time

be required by the Mini ste r, and shall cenify Ihalthe tonnage

has been ascertained in accordance wit h the tonnage

regulations of tbis ACI .

(3) The surveyor's ccrtificale and the ropy of the

tonnage ce rtificate shall be deli\'cred to the regist rar before

registry.

IS. (I) Eve ry ship shall before registry be marked

permanently and conspicuously to the satisfaction of the

regist rar as follows

(a) her nillne shall be marked on each of he r bows

and her name and the nam e of the home port shall be

mark ed on her ste m . o n a dark ground in white or yellow

lett ers or on a light e round in black ieneTS. such ieucrs to

be of a length of not less than ten cen timetres and of

proport ion~te breadth;

(b) he r orticialnumber and tbe number denoting

be r registered tonnage shall be cut in o n her main beam;

,,'

(c) ~ scale of feel. or decimetres de noting her

d raught of water shall be marked a n each side of her stem

~nd of hers te rn post in Rom an capitallellersor in figures

not less than fifteen centimet res in length , t he lower line

of such lellers or figures to coincide with the draught lin e

denoted thereby , and those lelle rs or figures mu st be

marked by be ing cut in and painted white or yellow on a

dark ground or in such Olhe r way as the Minister

approves.

(2) "The Minister ma y exempt any class of ships

{rom all or any o f the requirements of this section under such

conditions as he may deem appropriat e.

(3) If the scale showing the ship·s draught of water

is in any respecl inaccurate so as to be likely 10 mislead. the

owner of the sh ip shall be liable 10 a fine (mu/IQ) not

excceding onc hundred liri.

(4) The marks required by this section shall be

permanently con tinued and no alteration shall be made

therein except in the event of any of the particulaB thereby

denoted being alt ered in the manrn: r provided by Ihis Ao;:t .

(5) If any owner or master of a ship neglects to

keep his ship marked as required by this section. o r if any

person oolleeals, removes, aJICB, defaces or oblite rates, or

suffers any penon under his control to conceal, remove,

alter, de face oroblitcrate any of Ihe said marks. exccpt in the

event aforesaid, or except for the purpose of escaping capture

by an enemy. that owner. master or person shall for each

o ffence be liable to a fine (mullll) not uceeding one hundred

liri, and. 00 a cert ificate from a su rveyor of ships that a ship is

insufficie ntly or inaccurately marked, the ship may be

detained unti l the insufficiency or inaccuracy has been

remedied.

(I) Qahcl ma jigi rcgistrat, kull b"Slimenl ghandu

jkun markat pcnnancntc mcnt u b'mod Ii jidher ghas-

SO(hsfa7.ljo n tar-rcgiSlralur kif gcj

(a) I-isc m ticghu ghandu jkun markat fuq kull

naha t;ol -pruwa u I-isem licghu u I-iscm tal -JXlrtla ' ritorn

ghandhom ,kunu markati fuq il-poppa. [uq sfo nd ,kur

"'iUri bojod jcw sofor jew fuq sfond ear b'inri suwcd , liema

ittri ghandhom ikunu la' lull,,' mhu:< inqas minn ghuar

ce ntimctri u la' wi sgha prOJXlrzjonat,, ;

(h) in -numru uffltcjali ticghu u n-numru li juri

I-tunnellagg registral tieghu ghandhom ikunu intiii fuq

il -prim licghu: u

(c) skala 1;1 piedi jew deeimdri li turi I·gholi la'

I-ilma mehlieg hiex il -baSlimenl i~omm fil -wit.:: gtl3ndha

Ikun markala fuq kull naha la~·wkk lieghu u fuq I-il/em

POSI tieghu It'illri bpitllli Runmni jew figuri ta' mhux

imps min hmistax·il eentimetru tut. u li I-linja ta ' i,fel13'

dawk I-ntr; jew figuri tahbat >ewwa sew mal·hnja ta'l -

ghol; ta' I·ilma indikata bihom, u dawk I-illri jew figuri

ghandhom ikunu markati bilti jigu inCiii u milbughin

bojod jew ~ofor fuq sfond iswcd jew b'dak il-mod I-iehor

kif il -Ministru japprova.

(2 ) ll -Ministru jista' jeienla kwalunkwc klass; ta'

bastimenti mill -htigiel kolllta jew minn uhud mill-rlli giel ta'

d<ln I-artikolu laht dawk il -kondiajonijid li jidhirtu ~ i erqa.

(3) Jekk l-isk .. l .. Ii luri I-gholi w' I-ilm;, mchticg

biex il -b:,stimenl iiomm fil-witt tkun f'~i dettatl mhux etana

hekk li x'aktarx tqarr<lq, is·sid tal-bastimcnt jiSla' jehd multll

ta' mhux iijed minn mitt lira.

(4) l1 -mark; mehticga b'd;lr1 I-artikolu gtmndhom

jithallew pcrmanentement u cbda tibdi] ma jista' jsir fihom

hlid fil -kai li xi haga milt-part;kolaritajict murijll bihom ma

tkunx tbiddlet bi l-mod provdut b'dan I-All.

(5) Jekk xi sid jew kapwn la' bastiment registrat

majiehux hsieb li I-bastimem tiegliujibqa' ma rkal kifmehtic g

b'd<lll I-artikolu, jew jetk ~i rt'TSuna lahbi, tnehhi. libdel jew

thaSS<1r> jew thalli lill xi pe!';una lahl il -kontrolt laghha h lah bi,

tnc hh i. tibdc-I jcw thassar xi wahda mit!·im>emmi j3 mark i.

hlicf fil -kal imscmmi 'label, jcw hlicf sabicx jigi evitat il -qbid

minn ghadu. dak is-sid, il -kaptan jcw dik il-peTSun a jislghu

jehlu ghal kull real multa ta' mhux inqas minn mil1lira, u I'uq

cert ifikllt ta' sUTI'eyor ta' bastimenti li baSli mcnt ma jkun~

ma rkat biiic jjed jew ki f imiss, il -basl ime 111 jista' jigi detenut

~a k emm dak in -nuqqas jigi rimcdjat.

16, (I) II -baslimcnti kol1ha registrali provilorjamcnt

laht

dan l-Att gh~ndhom iha!';u, hlicf fejn ikunu

cspr",ss~mcnt eientati. il-htig;""t ta' dan I-An fii:-iminijiet

~peci fi bti f dan [·Atl. u f'k ull k,,7.. fi im ien ma,\imu t~' tnax ·il

xahar mid-dala lar·registraujoni proviiorja u minn hcmm 'il

quddicm ghandhorn jos~crvaw da"'k il-hligict imniii la n·Aa

iew foXi rc golamcn ti maghrnulha tahlU ,

(1) Kull per\ 'ma Ii tonqos li to"scrva l·hti giet (,, '

dan I·Aa fil-limiti ta' zmic'll ~pc<'ifibti fm'viz bil-miktuh

notifikat mir-regislratur lis-sid. lista' tchel penali ta' hamsin

lira fix -xahar jcw part; minnu ghal kull ksur u kutt ha,limen! li

ma jharisx ,I-htii:iet ta' regislral.Zjoni prmii.mja fi i mien

massimu la' tna,x-i l xa ha r jiw" jehcl pcllati ta' rnitcjll tira

fix-xahar jcw parti mml11l U f'dawn il -ka1ijiet ir-r~!!i,tralur

jist:l" ,iichu p<lssi I> icx jik bnc'db dak il - ba~timcnt _kond dan

I-AtL

(3) lr-registmtur ma jistax jirregistra mill-gdid xi

haSliment. provitorjameot jew xorfohra. qabel il-hlas tal·

peoali kollha li jkunu ggarrbu qa bel u kemm-il darba ma

tioghatax prova sodisfaccOli ghar-rcgistratur li I-bastimeot

kieo gie registrat fregistru barrani il-penali ghall-pcrijodu

inte!>'eojenti ghandhom jingabru wkoll.

(4) Ikuo l-obligu tas-sid matul il-pcrijodu koHl!

lar-reglstrazzjoni, hmm jekk din Ik uo pro\'iiorja Jew

xort'ohra, 1i javia lir-registralur wara xi tibdil. li sala' jkuo

~ara fil -pcrijodu intervl'njellti mir-rcgislrazzjoni ' 1 quddiem.

fit-taghrif li jkun hemm f xi ~ert;fikat u prova pre±enlat; qabcl

ir-regiitrazz jooi,

(5) lr-registratur ma gh,mdux ghal ak tar mion

darblejn fuq xulxio jirregistra baSliment pro\'\'itorjament

risem l-istess sid.".

L-artikolu 17 ta'l-An prinl:ipah ghandu jigi emeodat kif gej

Erncndo ta'

I-an,kolu 17

,.' I-A" pri ~' p. t, .

(a) wara I-kliem "qabel ir-registrazzjooi" ghandhom jidhlu

I-kliem, "sew jekk provizorju sew xorfohra,"

(b) mirlllufih wara I-kli em "fic-ecrtifikat tas-surveyor" fil-

paragraf u (b) tieghu ghaodhom jiidiedu I-kliem "fejo applibbbli"

(C) miooufih wara I-paragrafu (d) tieghu ghaodu jizdied i1-

paragrafu gdid li gej

" le) xi pitijict rq!istrati 1i jistghu ikunl! gew ghall-

konoxxenza tar-registratur.".

1], L-artikolu 19 ta'l-AIl printipali ghandu jithass.ar u Olinfloku Emend. ta'

I·.,,'kolu !9

ghand u jidholl-artikolu gdid li gej

ta ' t-A" r<,,,,,;p. r; .

(I) All shi ps provisionally registered under th is

Act shall comply, e xcept where expressly exempted, with the

requirements of this Act within the periods specified in this

Act , and in any case, within a maximum period o f twelve

month s of the date of provisional registration and thereafter

shall observe such requiremenlS that are laid down in the Act

or in any regulations made theTCunder.

(2) Any person who fails to observe the

requiremen ts of this Act within the time limits speeifi.:d in a

notice in writing sen.·ed by the registrar upon the owner shall

be liabl e to a penalty of fifty liri pe r month or p;lrt Ih.:r.:of for

cach viol~Lti on and any ship not complying ""ith thc

requ irement s of provisional registry within a maximum

perioo of Iwe!,'e month s shall be liable to a penalty of two

hundred liri per mOllth OT part thereof and in these eases th.

registrar may take steps tocancel such ship ill accordance with

this Act ,

( 3) The registrar mny not re·regis tc r allY ship,

provi sio nally or otherwise, prior to the payment of all

penalties previously incurred and unless satisfaetoryevidencc

is supplied 10 the registra r that thc sh ip ha s been registe red in

a foreign registe r the penalt ies for the inlerve ningperiod sh;LII

also be collected.

(4) It shall be the obligation of the owner

througho ut th e who le period of registry, whether provisional

or othe rwise. to notify the registrar of any cha nges which

might have occurred in thc inter"cnins period sincc registry.

to the information contained in any certificates and evidence

produced before registry,

(5)

The registrar shall not coJJsecutively register

pro~isionally a ship more than two times in the name of the

same owner."

Section 17 of the principal Act , shall be amended as follows

10. (a) following the words "preliminary to registry" there shall

be inserted the words ", whether provisional or ot llerwise ,";

(b) immediately after the words "the surveyor's certificate·'

in paragraph (b) thereof there shall be added Ihe words "where

applicable"; and

(c) immediately after paragraph (d) the reof there shall be

added the following new paragraph

"(e) any registered cncumbcranccs that may come (0

the knowledge of the registrar.",

11. Section 19 of the principal Act. shall be deleted and substi-

tuted by the following new section

( 1) On completion of the provisional registry of a

"a",;f",.,,,,

of«';"'}'. ship the registrar. sh all , subject to such conditions as he may

~;;;:,.t deem proper, grant a provisional certificate of regi stry

Provided that. unless exempted. if the ship is not in

possession of valid safe ty and load lin e certificates and suc h

othe r certificates as the Minister may by regulations pre-

scribe, the registrar sha ll grant a non-o perational provisional

certificate

Provided further that unless the requirements for

registry have been complNed the registrar shall also issue a

non-operational provisional certificate to any laid up ship

qualifying for special treatment under this Act, or to a ship

undertow.

(2) On completion of registry of a ship the regis-

trar shall grant a certificate of registry

Provided that. lmlcss otherwi se e xempt ed, if the

ship is not in possession of valid safety aJld load line certifi-

cates and such oth er certificates as the Minister may by regu-

latio Jls prescribe. the registrar shall issue a non-opera tional

certificate of regi stry

Provided further that if th e requirements for regis-

try have been completed the registrar shall also issue a Jlon -

operational certificate to any laid up ship qualifying for spet:-

ialtreatment under this Act , or to a sh ip under tow.

(3) The period of validity of a certificate of registry

shall be as follows

if issued within the fi rst twel~e months of pro-

(a)

~isional registry for the remaining period of the said

twel~e months; or

(b) ifis,ue d at the expiry of the fi rst Iwel~e months

for a period of twe l~e months

Pro~idcd thm the regist rar, at the request of Ihe owner

and on payment of Ihe relati~e annua l fees. may issue a cer-

lificate of registry for Ihe combined period of the periods

specified in paragraphs (a) and (b) hereof. so howe~er thal

Ihe fee specified for Ihe subsequent period of twel ve mo nths

shall be refunded if Ihe registry of the ship is closed prior th e

commence me nt of such period

as may be dete rmined by Ihe owner upon payment of fees for

Ihe ,hip_

(4) Thcrcafler. all certificates of registry shall be

issued for ~ period of Iwelve months provided Ih~t within a

period of three months prior 10 the expiry of such certificate.

Ih e regislrar. upon the payment oflhe annual fee, shall iss ue a

renew~1 ce rt ific~te in the prescribed form.

(5) No certificate may be issued , exccpl in cases of

loss or destruction of a certificate, olher Ihan on the return of

the certificate currently being held by the owner or at the dis-

creti on of the registrar, upon the issue o f an undertaking by

the owner (Q return the certifica te wi lhin a maximum pe riod

of one month.

(6) A certificate of registry, whe ther pro~isional

or ot herwise , issued to a sh ip in terms of the pro~isiollS of this

section. may be issued subject to such conditions as the regis-

tra r may dee m proper and shall include her particula rs en-

tered in the registershowing the port ofVallettaas the port to

which she belongs.

(7) For the purpose of this section a laid up vessel

shall qualify for special treatment under this Act or any regu-

la tions made thereunder if ~

(a) the registered owner makes a declaration to

the effect that the ship is laid up and shall re mai n laid up

for a period of not less tha n twelve months: and

(b) evidence satisfactory to the registrar is produc-

ed to the effect tha t the ship is laid up certifying the loca-

tion where the ship lies

Provided that should the shi p be reactiv~ted within

six months from the dale of the dedaration specified in

paragraph (a) hercof. the ship shall be dcemed not to

have been laid up , and the fees payable in accordance

with sectio Jl 7 of th is Act shall become due in full from

the date of the declaration

Provided further that should the ship be reactivated

after Ihe lapse of si~ months from the dale ofl h.e dedara-

lion specified in paragraph (a) hereof the fees payable

under r.eClion 7 of this Act sha ll be payable from the lapse

of the init ial si lt months

Provided further Ihal where a declaration specified

in paragraph. (a) hereof is madeon adate after the annual

rcc becomes due , the difference in the rces payable had

the declaration been made o n or before the date on

which Ihe a rmual fce becomes due. will be deducted on Ly

upon the payment of the next annuaL fee. ".

12. Sections 20. 2 L. 22. and 23 of the principal Act, shaLL be

amended as foLLows

(a) in sections 20, 2L. 22 a nd 23 of the principal Act. whe r-

ever the words "the certificate" and "3 certificate" occur they shall

be deLeted and substituted by the wo rds "any certifica te";

(b)

sub!;ections (2) and (3) of section 23 shall be deleted.

13. Section 24 of the principal Act. ~hall be deleted.

14. Section 25 of thc principal Act. shaLL be amcnded as follows

(a) subsection (I) t hereof shall be deleted and substituted by

the foLLowing new sub!;ection

"(1) Wh enever a change occur; in the registered owner-

shi p of a ship. the change of ownersh ip shall be endorsed

on any certificate of registry of the ship. "

(b)

the words "the certificate of regist ry" in subsections (2),

(3) and (4) thereof sha ll bc deleted and substituted by the words

"any certificate of registry"; and

_ (c) in subsection (3) thereof the words "at any port. not

bemg the port 3t which the ship has been registered." shall he de -

15. Section 26 of the principal Act. shall be amended as follows

immediat ely after the words "of a registered sh ip" in sub-

~c.tlon (J) thereof there shall be inserted the words" , whether pro·

vlslOnally or ot herwise .": and

(b) subsections (2), (3) and (4) thcrcofshall be deleted and

substituted by the following new subsection

"(2) In any sllch case e ~cept where the ship's provisional

or mher certificate of registry is lost or destroyed. the master

or owner of tile sh ip shall wi thin four days of such O(:eUTancc

deliver such certificates to tile registrar and if the owner or

maste r fail, without reasonable cause. to comply with the pro·

visions of this section. he sllall for eac h offence be li able to a

fin e (mu/la) not exceeding onc Ilu nd red liri.··.

]6. Section 27 to section 3]. both inclusive, of the principal Act,

5h;111 be deleted and substituted by the fullowing new sections

A certificate shall cease to have effect

(])

(a)

on Ihc expiry of its validity date;

(b) On its substitution by anolher certificate issued

in accordance wilh Ihe provisions of Ihis Ae!: or

(c) on dosure of registry in accordance with Ihe

provisions of this ACI.

(2) The registrar sha ll make note in Ihe register of

the type of certificat e issued \0 Ihe sh ip and the expiry date

Ihereof.

(3) Upon a cert ificate ceasing to have effect the

owner or Ihc master shall forthwith forward Ihis ccrtificate to

the regist rar not later than onc month of its expiry.

(4) If any such person as afo re~id fai l~ without

reasonable callse to deliver up the certificate as required by'

this section, he shall be liab le to a fine (mll/ta) not exceeding

one hundred liri .

C/,).mre of Rcg;~'lry

(l) Where the owner of a Maltese ship desire s to

dose Ihe rcgiSlerof a ship he shall mak e an application to that

cffect to the registrar. giving all such particulars and informa-

lion as the regislrar may require for the purpose.

(2) Any such appl ication made and substantiated

as ilfofcsaid sllall be acreded 10 if -

(a) al! liabilities and obligalions in respect of the

sh ip towards the Republic of Malta. whether for fees.

charges. fines or olherwise havc becn paid; and

(b) the consent ;n wri ting of all mortgagees whose

ntortgage is duly registered in respect "r the sh ip is pro·

duced to the registrar .

(3) Where any such application is acccdcd to the

registrar shall make an entry thercof in thc rcgister and

thereupon the ~hip sllall cease to be a Maltese ship and the re-

gistry of tile ship shall be considered as closed except so far as

relates to any unsatisfied mortgages or privileges entered

therein .

(1) The Mi nister may order that a ship shall cease

to be registered in the following cases

(a) if the annual fee has not been duly pa id in ac-

cordance with this Act;

(b) if the formalities specified in section !3 of th is

Act are not complied with within the maximum periods

therein specified

(c) if it is the national inlerest or in lhe interest of

Maltese sh ipping and after giving the ow ners of the sh ip a

reasonable opportunity to make representation;

(d) if in the event of a registe red ship being ei ther

actually or constructively IOSI, ta ken by the enemy, burnt

or bro ken up. or Co:asing. whethe r by reaso n of a transfer

to persons not qualified to own a Maltese sh ip or for any

other reason , to be a Maltese ship;

(e) if the owner fails to observe the provisions of

this Act;

(0 if it is established that the ship willnOl or ca n-

not be registered under this Aet;

(g) if. where required, an.y cond itio ns eSl ablished

by the Mmister in accordance with SuhscClion (3) of sec-

tion 4 of thi s ACI are not observed for period in e xcess of

one month

(h) if the owner fails 10 pay a ny fine imposed

under tbis Act , or fa ils to pay any penalty within one

month of their being demanded in writing by Ihe regis-

trar; or

(i) if the owner fails 10 be in possessi on of a valid

certificate of regislry, whelber provisional or otherwise.

for a period in excess of one month.

(2) Prior 10 Ihe issue of any such order the regis-

trar shall give onc month's nOl ice in writi ng 10 the registered

owner and any registered mortgagee of his intention 10 rec-

ommend 10 Ihe Ministe r 10 close Ihe registry unl ess the ca use

fo r such closure is remedied. The registrar shall specify

in the nOlice the reason for closure and the expiry date for

compliance failing which closure will be ordered.

(3) Upon the issue of any not ice in terms of sub-

section (2) of this section the registrar shall make a note

thereof in the register and shall record the dale On which the

one month period shall lapse.

(4) Upo n the lapse of the sa id one month from the

giving of notice and upon receipt of the order from the Minis-

ter> the registra r sha ll make an entry thereof in the register

and thereupon the ship shall cease to be a Maltese ship and

the registry of the sh ip shall be considered as closed except so

far as relates to any unsatisfied mortgages or privileges en-

tered therein, and the mortgagees shall have the right to de-

m3Rd the immediate sale of the ship or share thereiR as if the

debtor had not adhered to all the conditions uRder which the

credit was gra nted.

(I)

When the registl)' of a ship. whet her provi-

CC,";'""". sional Or otherwisc, has been closed, the registrar sha ll. upon

request of the regbtered owner. issue a deletion certificate

provided that. all fees. charge5 and penalties due under this

Act have been p"id and any certificate of registry. whether

provisional or otherwise. has been surrende red to the regis-

trar.

(2) The registrar shall specify on the deletion cer-

ti ficate the reason for closure of registry. and. where the re-

gistry of a ship, whether provisio n"] or othe rwise, has been

closed saving any unsa tisfied mortgage or privilege .. nlered

therein . the deletion certificate shall also include a full de-

scription of any unsatisfied mortgage or privilege, together

with a statement that the regisll)' of the ship was closed saving

such mortgage Or privilege.".

17_ Immediately after subsect ion (3) of section 32 of the principal

Act. there shall be added the following new subsection

'·(4) Upon th e entry of a transfe r of a registered ship or a share

therein in favour of a person qualified to own a Maltese ship the re-

gi st rar shall notify accordingly the holder of any registered

mortgage.".

18. Section 37 of the principal Act. shall be amended as follows

(a) immediately after the words '·on any tenns and eondi-

lions it thinks just:- there shall be inserted the words '·incl uding,

without prejudice to the generality of the above. the imposition of

an obligation to provide appropriate security, for damages, in-

terests and costs:·; and

(b)

Ihe following provisos ,hall be added to the existing pro-

VIsIon

-· Provided that if the order is issued on order to secure a

claim which has not yet been judicially verified. unless

proceedings on the merits of the claim arc already pending.

whether in a M"ltesc court or any other competent court or

arbitration. t he plaintiff obw;n ing such order shall be obliged

to prosecute such claim. in Malt" or in any othcr competcnt

jurisdiction or in arbitration. within eight working days of thc

issuc of the order failing which the oourt issuing the ordcr

shall, on the application of the ship<Jwncr. or any other in-

terested party. revo ke Ihe same

Pro vided fUrTher that notwitt.standing any pro~ision of

the Code of Organ isation and Civil Procedure. an order given

as aforesaid shall be immediately en forceable, unless the

Court olherwise decrees. ".

19. The title "Mortgages" following section 37 of the principal

Act. shall be deleted and subslituted by the new title "Maritime

priv ileges and mortgages~, and thereafte r there shall be added the

following new sections

(I) Ships and other vessels conslitUle a particular

class of moveables whereby Ihey fonn sc parale and dislincl

assets within the estate o f their ownen> for the security of

actions and cla ims to which the vessel is subject. [n case of

bankr uptcy o f the owner of a ship, all actions and claims. to

which the ship may be subjecT. shall have preference. on the

said ship. ovcr all olher debts of Ihe estate.

(2) A ship shall include IOgether with the hull . all

equipment, machinery and other appurlenances or

accessories belo nging 10 the ship , which are on board or

which have been temporaril y removed there from.

378. (1) A ship may constitute security for a debt or

other obligation either by agreement or by operation of the

law as hereinafter provided.

(2)

A debl or o ther obligation may be se-

cured ~

(a) by means of a mortgage which is a special

charge over a vessel, or

(b) by a general hYp<Jthecwhich attaches to all the

assets of a debtor incl uding any vessel such deblOr may

own, o r

by a special privilege upon the ~essel

(c)

Provided Ihat special privileges arise in virtue o( law

and no debt or othe r obligation othe r th an those

specifi ed at law shall be sc<:ured by a special privilege,

(3) Subject to the provisions of section 40 of this

Act. separate items upo n a vessel may themselves be subject

to speeial privil eges in acco rdance with the provisions of the

Ci vil Code. in security o f the debts therein specified,

37C

(I)

All

registered

mortgages,

any

special

privileges aDd all actions and claims to which a vessel may be

shall not be a ff eeled by the bankruptcy 0 f the

oil i p

·

subject

",h."dol></. mortgagor or sh ipowner happening after the date on which

the mortgage was created or the special privilege, action or

claim arose, notwithstanding that the owner at the

commence ment o f the ban k ruptcy had the ship in his

JX>Ssession. order or disposition , or was the reputed owner

thereof, and such mOrlllage, privilege, action or claim shall

have prefe rence , on the sa id vessel, ove r all othe r debts,

claims or interests of any other credito r of the bankrupt o r of

any curator, trustee or receive r, acting on behalf of any other

creditors.

(2) Any judicial sale proceedings instituted by any

registered mortgagee or privileged creditor shall not be

interruptcd or in any way hindcred by any curator in

bankruptcy, whether voluntary or compulsory, or any

liquidator or receiver of the shipowne r for any cause othcr

than a cause that could be set up by the owner.

(1) A registered mortgage shall attach to the ship

or share therein in respect of which it is registered until it is

di scharged

Provided that where the ship has been forfeited

under th is Act the interest of the mortgagee in the ship shall

terminate if the mortgagee has au thorised, conse nted to, or

conspired, to the act, fai lure or omission in consequence of

which the ship is forfeited

Provided further, that where a ship has been sold

pursu ant to a court order in the sale by a uction of the ship, by

a competent court within whose jurisdiction the vcssel was at

the time of the sale, the in terest of the mortgagees in the ship

shall pass on to the proceeds of the sale of the ship , and where

in any such case the purchaser is not a pe rson who is q ualified

to own a Maltese ship. upon obtaining knowledge or being

given notice of such a fact and upon receiving copies of the

proceedings of the sale, certified to his satisfaction, the

registrar shall ma ke an entry the reof in the register and the

register of the vessel shall be co nside red as closed except in so

fa r as relates to any uTlsatisfied mortgages eTltered therein.

(2) Any hypothec or privilege wheth er general or

special to which a ship may be subject under the provisions of

the Civil Code shall not conti nue to attach to it when th e

vestel is transferred to third parties.

(3) Without prejudice to any othcr cause which

may al law e)l",ingllish .. n obligation thc special privile~es

specified in scrlion 50 of this Act are not extingu ished by the

sale of the vessel. except in case of a judicial sale made

according 10 thc forms prescrif>t:d hy law. Or where,

subsequent !O a vol untary sale a period of onc year has

elapsed from the date of the registration of that vol unt ary sale

in the registry 10 which Ihe ship be longs, tlnless within sueh

period of one yea r an actio n for the recovery of the claim

secured by sueh privilege has been brough t before a

co mpetent court.

Forthe purposes of this section a vessel is deemed to

have made a voyage

(a) if onc mo nth has elapsed since he r departure

from onc port, and her arrival in another port is proved;

(b) if more than two monlhshave elapsed between

her departure from, and her return to, the same pon ,

although she has not put into any other port;

(c) if the vessel. having sailed for a long voyage,

shall have been al sea for more than two momhs, without

!lny protest having heen made by the creditors o f the

seller

Provided that any such protest shall only be

operative in favour o f the creditor making it. " .

20. Section 38 of the princi pal Act , shall be amended as follows

(a) the presenl provision shall be renumocred as subsection

(1) thereof; and

( b) immediately after subsection (1) thereof as renumocred

there shall be added the following new subsection

"(2) A mortgage shall attach to any proceeds from any

indemnity arising fTOm collisions and o ther mishaps as well as

any insurance proceeds." .

21. Immediately after subsection (2) o f section 39 of the principal

Act, the re shall be added the following new subsectio n

"(3) Where it is stated in the mortgage instrument that it is

prohibited to create further mcrtgages over a vessel without th e

prior written consent of the mortgagee. the regi strar shaH make a

note in the registe r to such e ffect, and the registrar shall not record

such further mortgage unl ess the consent in writing of the holder of

a prior mortgage is produced to him , and any mortgage registered

in violation of th is provision shall be null and void.

H.

22, Section 40 of the principal Act, shall be deleted and

substituted by the following new section;

(I) Upon the registration of any mortgage in the

register the rights of any mortgagee ~hall not be affected by

(~) the creation of any separate privilege or charge

on any part, appurtenance or accessory of a ship which

may atta\'h in virtue of any law; or

(b) the rcserv;ttion of ownership rights by a seller

of any part, appurtenance or accessory sold 10 a

shIpowner under a contract of sale, hire purchase or any

similar contract

Provided that provisions, fuel ~nd othcr

consumablc goods sh;ill not be cons idered as

appurtcnances

I'rovided further that the proviSion of this

scction shall in no way prejudice or rcduee the rights of

any creditor enjoying a privilege or reserving ownership

rights in relation to any creditor other than the

mortgagee.

(2) At any time prior to the registration of a

mortgage over a ship any credilor having a s.cparate privilege

or charge over any part, appurtenance or accessory of a ship

may register such privilege or charge in the register of the ship

by means of an instrument executed by the owne r in the

presence of a witness in the form specified by the Min iste r;

and on the prod uction of such instrumc ot the registrar shall

by memorandum undcr his hand notify on cach charge that it

has been recorded by him stating the day and hour of Ihal

record.

(3) A sellcr reserving ownership rights in any part,

appurtenance or accessory of a ship may also register his

interest in the register of the ship al any time prior to the

registration of a mortgage.

(4)

The

registration

of such

a charge

or

re~rvation of owneNhip rights prior to the registration of a

mortgage shall preserve the creditor's rights on that part,

appurtenance or accessory in relation to any subsequem

mongagee _

(5) A privilege or reservation of ownership rights

registered over a ship under subsectioo (2) of this section shall

be cancelled upon production by theownerof a receipt for Ihe

appurtenancc or accessory, and Ihe registrar, upon

production of such receipt duly signed and anested to his

satisfac tion . shall make an cntry in the register to the effect

thm the privilege Or rescrvation of ownership rights have

been cancelled ,

(6) The transfer of the interest of any creditor

enjoying a privilege or rescrvation of ownership rights

registered in terms of this sect ion may on the production of

proof to the satisfaction of the registrar be recorded by Ihe

registra r who shall cnter in the register the name o f the

transfe ree and shall by memor31ldu m under his hand not ify

on the instrument of transfer that it has been recorded by

him.".

Section 41 of the principal Act, shall be ame nded as follows

23. (a ) subsection (1) thereof shall be deleted; and

(b) in subsection (2) thereof the number ·'(2)" and the words

Msavi ng the provisiOnS of paragraph (5) of section 51 of this Act"

shall be deleted .

Section 42 of the principal Act, shall be amende d as follows

:W.

(a) immediately after paragraph (b) of subsection (1) thereof

the re shall be added the following new paragraph

"(c) have power to apply for any extensions, pay fees.

receive certificates, and generall y do all su<:h things in the

name of the ow ner as may be required in order to maintain the

status a nd validity of the registratio n of the ship. " ; and

(b) immediately after subsection (2) thereof there shall be

added the following new subsections

"(3) The provisions of this section shall apply to all

registered mortgages which secure deblS resulting from any

accoun t current or overdraft o r othe r credit facility.

(4) [n connection wi th the enforceme11l of any

mortgage, not being a mortgage contemplated in subsection

(2) of this section . for the purpose of detennini ng the amoun t

certain liqu idated and due in conne<:tion with any judicial sale

of a ship. the mortgagce shall specify the sum due at the time of

enforcemen t by means of an affidavit served on the

mortgagor

Provide<l that this shall be without p rejudice 10 the

right of any interested party to co ntest such amOU11l according

to law.

(5) For the purpose of the proceedi ngs referred to in

this section the debtor shall be deemed to be <luly served if the

application or othe r Act is served on the master of the vessel.

or if he is absent from these Isla nds. on t h~ local agent

appointed for the vessel by the owners or their agent. or in the

absence of sueh local agent on a curator appointed by the

Court to represent the debtor and the ship.".

..

Section 43 of the principal Act , shall be deleted.

25. princip&lA"' .

26. In the English text of >ub\;cctiorl (I) of section 4SA of the Am<oomen'o!

principal Act, fOT the words "together wilh the written consent .of the ~~ .~A

s<lid instrument:' there shall be subslllutcd the words "Iogelher wllh the ;!;oopal Act

written consent on the said instrument ."_

.,.

27. Sections 48 to 54A. both inclusive, of the principal Act sh~11 =~ioo_ ."d

be deleted and substituted by the following new sect ions

"48. (I) In case of loss of any rcgi,lcrcd mortgage

i nstrumenl the registrar sl1;In, al the request of I he mortgagee

alone. or togethe r with the mortgagor, reconstitute the

originnl mortgage ;rnd certify t h i~ instrument as ~

reconstituted o ri ginal of Ihe mortgage I1lstrumcnL The

registrar shaH only accede to such a requcst upon the

production by the party making the request of a sworn

declaration to the cffectthatthe original has been lost.

(2) In such a case the registrar shall make a note in

the registe r that a reconstituted mortgage instrument has

been issued , reeiting at whose request such a reconstituted

mortgage has been issued.

(3) In case of loss of any original mortgage

instrument, the registrar may enter any transfer or discharge

of mortgage if the mortgagee prod uces a sworn declaration

that he is the holder of tbe mortgage, the instrument ofwbieh

has been lost, and that he is discharging or transferring the

said security in viTlue of the sworn declaration.

(4) In such a case the registrar shall, on production

of the said sworn declaration, 1reat such declaration as the

mOTlgage instrument and shall follow t he procedure specified

in this Act for the transfer or discharge of mortgage; the

registrar Shall make a note in the register that the transfer or

discharge of mortgage has taken place in virtue of a sworn

declaration.

A foreign mortgage shall be recognised as a

R«"'A"ition

mOTlgage wi th the status ,I[ld all the rights and powers

specified in Ihis Act, notwithstanding the fael Ihal it ill not

entered over a registered ship if

(a) such mortgage has been validly recorded in the

registry of ships of the country under whose laws t he ship

is documented;

(b)

such regiS1ry is a public registry;

(c) such mortgage appears upon a search of the

registry; and

(d) such mortgage is granted a preferen tial and

generally equivalent status as a mortgage under this Act

under the laws of the country where the mortgage is

registered.

Special pri~ileges

The debts hereunder specified are se.::u red by a

special privilege upon the vessel, as well as any pro<::eeds fro m

any indemnity arising from collisions and other mishaps as

well as any insurance proceeds

(a) judicial costs incurred in respect of the sale of

the ship and the distribution of the proceeds thereof;

(b) fees and other charges due to the registrar of

Maltese shi ps arising unde r this Act

(c)

tonnage dues;

(d) wages and expe nses for assistance . reooveryor

salvage, and for pilotage;

(e) the wages of watchmen, and the expenses of

watching the ship from the time of her entry into port up

to the time of sale

(0 rent of the wa re houses in which the ship's

tack le and apparel are stored;

(g) the expenses incurred for the preservation of

the ship and nf her tackl e including supplies and

provisions to her crew incurred after her last entry in to

port;

(h) wages of the master <lnd the crew empluyed for

a period of three months prior to the last ~oyage, for the

last voyage and for all the period aftcr her last cntry into

port

(i) damages and intercst due to any seam,," for

death or personal injury and expenses attendant on thc

illness. hurt or injury of any seaman;

U) moneys due to creditors for labour. work Jnd

repairs previously to the departure of the ship on her last

voyage

Provided th~t su.:h privilege shall not he eomp<:lcnt

where the debt ha, nut been cOlllrJctcd directly by thc

owner of the ship. or by the master. or by an authorised

agent of the owner

(k) ship agency fees due for th~ ~hip aft~r her l~,;t

entry into port. in accordance with port tariffs. and :ony

disbufSCIllCIllS incurred during such period nO! enjoying

3 privilege in paragraphs (a) to (i) of [his section. though

in any case for a sum in Ihe aggregate not in cxccssoffour

thousand lir;

(1) moneys knl to (he ma,[er for the nccc ss"ry

expense> of Ihe vesscl during her las1 vOy<lgc , and the

reimbursement of the price of goods sold by him for the

S;.IllC purpo>c

(m) moneys due ( 0 creditors for provisions.

vicluals. outfit and apparel. previousl y \0 the departure

of the ship on her last voyage

Provid ed that such privilege shall no! be

compelent wherc (hc debl has not been oolll ractcd

direcl ly by the OWner of thc ship. or by the ma,ler, Or by

an uuthoriscd agent of Ih.: ownCT.

damage> a~d interest due 10 the freighter; for

(n)

non -deli~ery

of the good s sh ipped, and for injuries

su,tained by ,u<:h good, through the fault of the mu,tcr

or the crew;

(0)

damages and interest due to another vessel or

ID her cargo in cases of collision of vessels;

(p) the debt specified in sub·paragraph (d) of

section 2009 of the Civil Code (Chapter 16) for the

balance of the price from the sale of a ship.

Whe re debts of a natu re similar ID the ones

mentioned in paragraphs (a) to (p), both inclusive, of sect ion

50 orthis Act shall have been contracted in different ports. or

on the occasion of several forced returns to the same port.

th e priority established by the said section shall be observed

with regard ID the several de bts contracted on the occasion of

each arrival or return , but the debts contracted on the

occasion of a subsequem arrival or return shall have

preference over those contracted on the occasion of a fonne r

arrival or return.

(I) The privilege granted to the seller for the

of sect ion 2O:J9 of the Civil Code (Chapter 16), is not effectual

in regard to vessels. unless the claim for such price be

registered, in Ihe case of sh ips registered under Part n of th is

Act , in the register o f th e 5~id ship. with in two days from the

date of the sale, Such privilege is registered by delivery to the

registrar on the prescribed form duly comple ted and signed

by the seller.

(2) The said privilege s h~1l not be effectual in

rega rd to any olher vessel unless the cla im for such price be

registered in the Pu blic Registry within two days from the

date of the sa le.

(3) The same rule sh.all a pply with regard to the

tight of reco vering the thing Mlld, as provided in the said

COO,

(4) Such. privilege shall be extingu ished upon

payment of the price and relative charges, anll upon

production of a receipt issued by the seller, atte5\cd by a

witJlcss, the regist rar or the Directorof Public Registry. as the

case may be, shall make a note in the register noti fying the

discharge thereof.

( I) The seller of a vessel is bound to inform the

purchaser of all privileged debts , and to furnish him with a list

mol<. <l<bls

thereof duly signed by himself.

(2) If the aforesaid list is not given to the

purchaser. or if. in th e 1is\ given 10 him, any of the aforesaid

debts is omitted, he may , in the event of his sustaining any

damage therefrom. eltercise such rights as are competent to

him against the seller. with all such means as the law provides

against debtors committing fraud in contracting debts.

( I) Any shiprepairer, shipbullde r or other

'c reditor into whose care and authority a ship has been placed

for the execution of works or other purposcs shall have a

possessory lien over the ship.

(2) A IX'Sscssory li en shall ent it le the credi tor to

retain possession over the ship on whieh he has worked or

carried out activity until such creditor is paid the dcbtsdue to

hi m for such building , repairs or activity.

(3) A posscssory lien shall be extinguished by the

voluntary releasc of the ship from the custody of the creditor.

(4) A IX'Sscssory lien shall not be e xtinguished if

the vessel is released pursuant to a coun order or following a

judicial sale of the vessel. In the latter case the creditor shall

enjoy the priority specified in section 54A of this Act overthe

proceeds of sa le of the ship.

(5) The creditor shall be obliged to release the ship

if he is paid the sum claimed , Or adeq uate security isdepositcd

in the Commercial Co un und er the provisions of the Code of

Organisation and Civil Procedure

Provided that the creditor shall enj oy the same

priority over such sum.

(1) The debts specified in section 50 of this Aet

shall rank in the order therein set out and in prefere nce to

ot her hypothecary and privileged cla ims. notwithstanding

that the ship is still in the possession of the debtor , and the

debts specified in paragraphs (a) and (b) of section 50 of this

Act shall under all circumstances rank in preference to any

claim.

(2) Any debt secured by a possessory lien or

privilege ove r a ship as stated in section 54 of this Act, shall be

paid in preference to all other claims except the debts

specified in paragraphs (c), (d), (e), (r), (g), (h) , (i) and (j) of

section 50 of this Act if such debts were created prior to the

debt of the creditor enjoying the posscssory lie n.

(3) Any debt secured by a mortgage registered

under the provisions of th is Act or secured by a foreign

mortgage recognised under this Act shall rank after the debts

specified in section 54 and in paragraphs (c). (d), (e), (r). (g),

(h), (i), (j) and (k) of section SO of this Act but before the

debts specified in paragraphs (I), (m), (n), (0) and (p) of

sect ion 50 of this Act.

(4) Whe re the fund is insu fficie lll , competing

creditors under the same heading shall share in such fund

ratably. ~.

28, Immediately afte r subsection (2) of section 55 of the pri ncipal A""'oo .... "''''

.. <1;00 ~s

Act, th ere shall be added the following new subsections

of,lM

""oo",,t "'<1.

The owner of a ship intending 10 register a ship under

~(3)

this Act, may , on payment of sueh fee as may be prescribed and o n

applic~tion to the registrar. reserve the proposed name ot the sh ip

for a maximum period of three mont hs.

(4) The application referred to in subsection (3) of this

section may be made together with the application for registry of a

ship, or with the application for permission to change the name o f a

ship, or by any other writing provided that the ship for which tht

reserva tion is being made is adequately identified.""

29. Section 56 of the principal Act , shall be amended as follows

(a) whe rever the word •. Minister·' occurs it shall be deleted pnool"" Act.

and substituted by the word "Registrar"Genera!""; and

(b) immediately after the words "to be published'· III

subsection (3) thereof th ere shall be inserted the words" , or

otherwise publicised, ~ .

30. Subsection (I) of section 57 of the principal Act, be deleted

and substit uted by the following new subsection

Where a registered snip is so altered as 110t to

"(I)

correspond with the particulars relating to her tonnage or

description contained in the register. an application accompanied

by a certificate frorn the proper survcyor. requesting the

registra tion of th e alteration shall be made to the registrar who

shall, on receip1 thereof accompanied as aforesaid . either cause the

alteration to be rcgis\t.'red or direct th;,t the ship be registered

anew

31. Subsection (2) of section 58 of the principal Act, sh~1 1 be

deleted ~nd substituted by the following ncw subsectio n

"(2) The particul~T'S of the alteration so made and the fact of

the new ce rtificate having becn granted or endorsement havi llg

been made, sha ll be entered by tbc regi,trar in the register, ",

32. Sections 59, 62 ~nd 66 of the princi pal Act, shall be deleted,

33. Section 67 of the principal Act, shal l be deleted and

sub,tituted by the following new scction

'" , ~~"'peCl;',"

67, Saving any other provisions of this Act, a person

,

1Id"'n"'npt may, on payment of such fec as may be prescnbed and on

.00 e~,l">oCl application to the registrar at all reasonable timc during the

ot.es", .. · hours o f his official attendance, inspect any rcgister, and

oblain a transcript or extract of Ihc rcgister.".

34. Immediately after the words ··or owne rship of," in paragraph

(a) of section 71 of Ihe principal ACI , there shall be inserted the words

··any registered encumbrance or mOTlg~ge existillg on, ",

35. Sections 78 and 80 of the principal Act, shall be deleted.

36. Immediate! y after the defini t ion of "operation" in subsect ion

(I ) of section 85 o f the principal Act. Ihere shall be inserted Ihe

rollowi ng new definilion

"resident in Malta·' mcan",

(a) in the case of an individu,tl, a person who is eit her

onJinarily resident in Malta or is dornicikd in 1-.1"lta; an d

(b) in t he case of a body or persons . any sllch body as is

formed and regi stered in Malt a. or whieh b ~s its principal place

of bu>i~ess in M"l t" or which is ~'Ontrollcd, directly o r

indirectl y by a person or persons resident in MaU a;",

37. Scclion 86 of Ihe principal Act, .hall be amended as follow,

(a) ill subsect ion (I) thereof immediately after the words "on

any dividend paid to the shareholders of such eomp~ny·' there sh,,1I

be inserted the words .' . and where the shareholder is itself a

corn pa ny, ~n)' dividend paid to the shareholde rs of such company'·

(b)

subsection (2) thereof shall be amcndea as fol!o>.n

(i )

paragraph (b) thereof shall be deleted; and

(ii) paragraph (a) thereof shall be renumbered as

subsection (2);

(c) in subsect ion (3) thereof for the words "in that

paragraph," there shall be subst ituted the words ··m that paragraph

;md in c~se of loans referred 10 in lh;lI same pa ragraph it shall be

permissable. for the purposes of this Act. for the amount of interest

due in rcsp<:ct of any such loan or of any such other debt to exceed

the ;unount of capital due in respect of any such loan or of any such

other debt. "

(d) immediately ~fter subseetion (4) thereof there sh all be

added the following new subsection

In th e ease of a company whose objects lire limited

"(5)

for the so le purposc of owning and. or. operating exemptcd

ships. and ancillary transactions and which actually owns and.

or. op<:rates unly exe mpt ed sh ips. a declaratiun may be

subm itt ed to the Commissioner of Inland Revenue in the form

,et oul in the Sixth Schedule to tillS Act by a person holdlllg the

w;;rrant of a certified public accountant and audilOr under the

Accountancy Profession Act. 1979. in lieu of a tax rcturn

required in tcrm, of the Income Tax Act , 1948. a nd the

relative plOvisions of the Income Tax Act. 19~. shall. for the

purpose of thi s Act. be construed accordingly ....

38. Imm ediately after the Fifth Schedule to th e principal Act.

there shall be added the following new Schedule

"SIXTH SCHEDU LE

(Section 86)

DECLARATI ON IN LIEU O F TAX RETURN IN RESPECI'

OF A COMPANY OWNING AND. OR. OPERATING AN

EXEMPTED SH IP

Name of Company

Name and official number of ship

Declaration made by

of ........ ................ .

Year of Assessment ........... ... .......... ...... . .

I Ihe undersigned do solemnly declare that I have ascertained

10 the best of my abilit y that the above mentioned company is the

owne r of the above mentioned ship which is an exempted ship

under the pro\'isions of the Merchant Shipping Act. 1973, and that

the objects of Ihe comp an y limit its operations \0 the owning and.

or. operation of an exempted ship. and the compa ny qualifies for

t he cuncession~ granted by t he said Act fur the period commencing

~nd endiTl~

and Ihat Ihe relative regislrat ion fees for this period ha\'e heen

PJid .

I also declare th~t I have ascertained to the best of my abil it y

th;U Ihe company has not engaged in any business other Ihan Ihe

ownership and, or, operation of exempted ships and that during

any period not tover~d by the above mentioned dates the eompan~

has not traded and has no t had any ,nCOme which would not be

e xempted under the "aid Mer~h"nt Shi ppin g Act. 1973.

I fin;'II~ declare that to the best of my knowledge the company

does not stand to lose any of the concessions granted nor has it

wai ved any o f the sa id conccssions under the Act.

I make thi s declaration in full knowledge of the COn!i-equence

of fa lse declarations under the laws of Malta .

Signature

Id entit~ Document No.

StJ1US

Date

39. Immediately after paragraph (c) of section 88 of the principal

Act. there shall be added the following new paragraph

"(d) the registration of any mortgage or other charge over

any registered ship. the transfer or the discharge thereof. any

rece ipt relatwe there to , and any a,signments granted in ("<)nnect ion

with

(i)

the financing of any registered ship. or

(ii)

the !i-ecuring of any claims against such ship. ".

Immcdiately after sect ion 88 of the princ ipal Act, there shall

40. be added the following new section

-C<H>«~'

88A. The conce"ions and other benefit, granted by this Act

arc so grantcd at the option of the company benefitting therefrom

and any such company ma~, by notice in writing to the Minister. opt

not to be ent itled 10 an~ such co ncession which shall be th ercby

waived and such waiver shall be indefinite and irrevocabk in

respect thereof. ".

Sections 338 to 360 in Tille 11 and section s 469 to 476

41. :;::;,'!;~;~J60 contained in Tit le V of the Commercial Code shall be deleted.

42. Section 3630f the principal Act, shall be anlendcd as follo>n

(a) the present provision shall be renumbered as subsection

(\) thereof; and

(b) immed iately after subsection (1 ) thereof as renumbered

there shall be added the following new subsection

, "(2) The Reg istrar·General may carry out any o f the

dunes. and shall have all the powers which by th isAd are to be

carried out, or arc conferred on by Ihe registrars.",

43. Subsection (1) of section 364 of the principal Act, sh all be Amo:oom<"'

of "",'k>n

deleted and substituted by the following new subsection

,~of ,o<

pn""'l"i

"(I) The Minister may alr.o appoint registrars for the

'"

purposes of this Aet in such number as he may deem necessary for

the proper el<ecution of this Act,".

Section 365 of the principal Aet, shall be deleted and Del<'""""

44. ,.bo,;,". "'"

substituted by the following new section

01>.«1"",

~of.1><

365. (1) Every registrar shatl keep a record to be po;""'1"1

'".

called the register and there sha ll be made therein all such

entries as required so to be made by Ihis Act.

(2) Every registrar shall file and properly index all

documents that arc requ ired to be kepI by hi m," ,

45. Immediately afte r section 372 of the principal Act. there shall A<idi,ioo of

De ... section>

be added the fotlowing new sections

372A .od 3728

'0,1>< princip&l

372A . ( 1) All penalties contemplated by any provis ion M

- Fi';" I 'oo

of Ihis Act may be fixed and imposed by th e Registrar·

General.

(2) The imposit ion of a penalty in terms of this

Act sha ll conslitme an executive title within the meaning and

for tlie pu rposes of Title VII Pan 1 of Book Second of the

Code of O rganisation and Civil Procedure.

En!or«"",n' 372B. The Registrar·General shall serve a demand note

upon the person upon whom a fine is imposed and if payment

is not made within seven days from the date of the serv ice of

such demand note. the Re gistrar·General may proceed to

cnforl'e payment after lWO days from the service on the

debtor of an intimation for payment made by means of a

judicial act.

Section \I of the Public Registry Act. sha ll be dele ted.

46.

47. For the words "sections 38 to 51. both inclusive. and 01 sections Amc:...J .... n'

53.54 and 61" in section 15A of the Ovil Aviation Act , 1972. there shaD o/,l><a';l

t>c substituted the words "section 37C. subsection (I) of section 37D. A."

$Cction< 38, 39, 41 . 42 , 44, 45. 45 A, 46 , 47, 48 dntl49",

~.

(1) The anniversary of inilial registration with regard to

ships registe red before the comi ng imo force of sections 8 all" 11 Ofl hi,

Act shall for Ihe purposes of sections 7 and 19 of the principal Act as

amended by this Act , be fixed in accordance with regul ations as may

be made by the Minister. which regulations shall al,o provide that a fee

shall be payable for any period not e xceeding twelve months in such

manner that such fcc shall subsequcll1 10 its payment as a foresaid be

next due on such anniversary date as fixed in the regulations.

(2) Save as provided for in the next followingsubscction. Ihe

principal Act as amended by this Act shall apply to Maltese ships a nd \0

mortgages entered in the registry prior 10 the coming in to force orany of

the provisions of this Act.

(3) lbe holder of any mortgage registered prior to the date

upon which sec tion 21 of this Act comes into force may. upon furnishi ng

the regi~trar with evidence of an agreement hy the shipowner not to

regiswr any further mortgages without the consent of the said

mortga!;cc. and upon filing the relevant declaration. request Ihat a note

be entered in the register of the ship 10 the effect Ihat no other mortgage

may be registered without the prior wriuen consent of the mortgagee.

Passed by the House of Representatives at Sitting No. 165 of the 9th November.

1988. LAWRENCE GONZI

Speaker

P . MU SCAT TERI{JIJJL E

Clerk /0 (he House of Repreum/l1;ves

,,"bI~1mJ ~"h. /J'fN'ri""n' of '''10,,"",10" _ /( cn,;!;.<

IppoObjikO! mid.\Jiparti .... n' ta' 1_lnfo,m, ,,"'" K." il»

MOl""f11 n.I". mperiJ' ,, 1·Ch',," _1" m'NI ~r rh< GQ"""m,", Pri"'i"g l'rm

Bla hsara ta' koll dispotizzjoni ohm ta' dan I-Atl.

persulla tista·. mal-hlas ta' da k id-drin li jista' jig; preskritt u

,"~i"'Uljon; fuq applikazzjoni lir-rcgistrator "koll hin ~ ieraq malOl il-

~<a,. 'izzjo", hlnijiet ta' l·at tenden7.a ufficjali tieghu, lispezzjona koll

I"" "'.tr"" registru. u ti kscb trask rizzjoni jew estratl ta r -registru:'.

"'·«!"',u.

34. Minnufih wara I-klicm "jew il -proprjet3 la'," fiI-paragrafu (a)

la' l-artikolu 71 ta' I-At! principali, ghandhom jidh lu I-kliem "' xi pii jew

ipoteka navali regislrat; e.i:istcnti fuq, " .

35. L-arti koli 78 u 80 la'I·At! principali ghandhom jithassro,

36. Minnufih wara Hifsira la' "th addim" fis-soharti kolu (I ) ta'

I-arti kolu 85 la' I-At! principali ghandha lidhol it-tifsira gdida li !le jja

.. "rcsidenti f Malta" lfisser -

(a) fkai la' individwo , persona li ordinarj amcnt jirresjedi

f Malla jew li ho domiCiljar fMa lla; 0

( h) fkaz ta' ghaqdl' ta' persuni, kull ghaqda hhal dik

iffunnala u registrala fMall a, jew li ghandha I-post principali lal·

kummerc taghha f Malta jew li hi kon trollata direttament jew

indin.' uament mi nn persuna jew personi residenti rMalta;".

37. L-artikolu 86la' I-An principali ghandu jigi emen dat kif gej

(a) fis-subani kolo ( I) lieghu minnufill wara I-kliem "fuq ~ i pri .... po.li.

dividend mha llas hll -anjo nisti ta' dik il-kom pannija" ghandhom

jidhlu I-kliem "u meta J·azzjonista hu hu stess kumpannija, kull

dividend imhallas lill-azzjonisri ta' kumpannija bhal dik";

(b)

is-s ubartikolu (2) laghha ghandu jigi emcndat kif gej

(i)

il-paragrafu (b) ticghu ghandu jigi mhassar: u

(ii) il-paragrafu (a) licghu ghandu jig; enumerat mill-

gdid bhala s-subartikolu (2);

(t) fis-subartikolu (3) ticghu. minflok il-k licm "rdak il-

paragrafu" ghandhom jidhlu J-kliem "fdak il-paragra fu u fil-kat la'

sel f imsemmi fdak il-paragrafu jkun jista' ghall-finijict ta' dan

I-An, ghall-ammon! ta' imghax dovu! ghaHigward ta' rla k is-self

jew la' xi dejn ichor. jettedi I-kapital do"ut fuq dak is-self jcw kull

debitu ichor hhal dak";

(d) minnufih wara s-subartikolu (4) tieghu gtmndu jidhol

is-subartikolu li gej

"(5 )

F'kai ta' kumpannija li I-ghanijiet taghha j kunu

hmitati ghall -is kop wahdieni 1i Ikun sid la' u. jew. lopera

baSlimcnti cienlali, u negozji relalati u Ii fil -fatt tkun sid la' u.

jew. luper>! biss baslimenti c:lentati. tista' ligi moghlija

dikjarazzjoni lill-Kummissarju tat-Taxxl Interni fil-forma kif

mUTija fis-Sill Skcda li tin~ab ma' dan I-At! minn persuna li

tku n (iddcttjeni 1-1<'Orralll la ' uditur u occoun/(m/ pubbJiku

ttcrtifikat. skond I-At! ta' 1-1979 dwar il -Profes.~juni ta'

I-ACCOllnw"cy, minflo k prospctl dwar taxxa a Icnur ta' I·AII

ta' 1-1948 dwar it-Taxxa fuq I-Income, u d-dispoiizzjonijict

relan;v; la" I-All ta' 1-1948 dwar il-Taxxa fuq 1·lncome

ghandllom. ghall-finijiet ta " dan I-AIL hekk jigu miftchma:',

38. Minnufih wara l- Hames Skeda ghall-AU prinCipali. ghandha

tidholl-iskeda li gejjil

"IS-SITr SK EDA

(Artikolu AA)

DIKJARAZZJON I FLOK PROSPEn- TA' TAXXA

GHAR.-R.IGWARD TA ' KUMPA NNIJA Ll TK UN SlD

U. JEW . TOPERA 8AST1ME NT EZENTAT

ls<:rn lal-Kump;rnnija

Isem u numru uffil'j~h tal·baslimcnt

Dikjaranjoni maghmula minn

Jien hawn tallt iffirmal niddikj,,,,, s"icnncmcm illi accerlajl ruhl

b'h ihi ko!li1;1 illi ].kum pallnija fu(] imsemmij a bi s-sid lal·ba8limem flHI

imsemmi li Ilu O<l" imcnl clClllal lahl id -dispoiizzjonijict la' I-All r ~ '

1-[')73 dwar i[ -Ilast iment i Mcrkanti[i, u [i I-ghanijic{ {al-kumpannija

jlllimitaw [-Qperazzjonijiet taghha bicx {kun sid la', jcw hicx lopera

hasliment etcntaL u li [-kump:lnnija tikkwalifika ghall-koncessjnnijiet

moghtija b'dak [-An ghal perjodu li jilxla

.... , .

u [i jispicca

u [i d,driuijiCI w' rcgiSlranjoni relaUivi ghal dan il-pcrjodu gcw

im hallsa.

Jien niddikjara wkoll illi atcerlajl ruhi b'hihi kollha ill;

[-kumpannija ma nncgozjatx fxi kummeTl': ichor, barra milli Ikun sid w'

u, jcw, [-opcrazzjoni ta' baslimcnli cicnlali u li matul iI -perjodu mhux

kopcTl hid-dati fuq im>emmija il-kumpannija ma nnegozjalx u ma

kcHhiex income li ma kicnx ikun eicntattahl I-imscmmi An la' 1-1973

dwar ll -Bas{imcnti Mcrkamil i.

lien niddikjara fl-ahhar iIIi sa fejn nista' nkun naf il-kumpannija

mhijiex suggeUa li titlcf xi konccssjon i moglil ija u la nqas irrinunzjat ghal

xi wahda miU-koneessjonijiettaht dak I-An.

lien qed naghmcl din id-dikjarazzjoni meta naf scwwa

I-konscgwenzi ta' dikjarazzjonijict foloz lahl il-ligijict la' Malta,

Firma

.....

Numru lal -kana ta' idcntita

StalUs

..

1)ata

39, Minnufih wara I-paragrafu (c) la' I-arlikolu 88 la' I-An

principali, ghandu jiidicd il -paragrafu gdid li gcj

"(d) iHcgistrazzjoni ta' kull ipotcka navali jew pii iehor [uq

xi bastiment. iHrasfcrimenl jew il-hlas taghhom, kull ritevula li

j kollha x'taqsam maghhom, u kull asscnjazzjoni moghtija

f'konnessjoni ma'

I-iffinam,jar la' xi basliment regiSlrat; jew

(i)

(ii)

il -ganl11Zlja la' xi krcdilu konlTa dak il-baslimcnL"_

40. Minnufih wara I-anikolu 88 ta' I-All prinCipal!' ghandu jidhol Led. ... '

l-artikolu gdid Ii gej

"~.-=;o.

88A, [J-koneessjo nijiet u benefiUji ohra mogh tija

~~~~~ gIIoll. ~rme~z la' ~in il -parti ~: da~ I-,Alt jigu he kk ~ogh{ija skond

SJ\aiLat.l- kif taghicl ll-kumpanlllJa It IIbbenefika mmnhom u kull

kump.annlj>. kumpannija bhal dik t,Sla ' , b'avvii bil-miktub lil1-Min islru,

taghicl [i ma tkunx intilOlata ghal xi kontessjoni bhal d ik, li

b'hekk lig, rinunzjala, u kull rinun~ja bhal dik ghandha tkun

indcfinita u irrevokabbli uwar hckk,",

41. L·artikoli 331l sa 360 fil ·Titolu 11 u l·ani koli 469 "" 476 fi t·

Titolu V ta l· Kodici Kum mercja li gha ndhom jilhassru .

42. L-artikolu 363 la ' l·A!! principali ghandu jigi cmcndat k if gej

(a) id·dispoiizzjoni li hcmm ghandha ligi enumerala mill -

gdi d hhala s-5uharti kolu (1) liegliu: u

(b) minnufih wara s·suhart iko lu (1) li egh u kif enumcral mdl·

gdid gh andu jidhol is-subartikolu li gej

"(2) Ir-Regislralur-Generali jista' jaqdi kul! dmi r u

jkollu I·pote ri kollha li b'dan I·Att irid jigi moqdi , jew bu

mogbli li l registraturi. ".

43. Is·subarti kolu (I) 13- I·arti kolu 364 la' 1·1\11 principali gha mru

jithassar u minflo ku ghandu jidhol is·suharhkolu gdid li gej

"(I) II·Mi nislru jista' wkoll jin nomina rqjislraluri ghall·

finijiel la' dan I·AII fda k in-nu mru li huwa jisla' j'1is mehtieg

ghall<elc kuzzjon i kif imiss la ' dan ]· An. " .

44. L-artikolu 365 la' 1·1\11 prin cipali gh:mdu jilhassM u min /lo!;,u

ghan du jidhol dan I·artikolu gdid li g..,j

365. (I) Kull regiSlramr ghandu j:i:omm dokumen -

tazzjoni li lissejjali ir- registru u ghalldu jilnitiel fih dak kollu

li hu mehtieg li jilniiiel fih b'dan I·An,

(2) Kul l registratur ghandu jiffajlja u jinditja

sewwa d-dokumcnli kollha li hu ghandu jt.omm ."',

Minnufih wara l-arti kolu 372 ta' I·An principali ghandhom

jizdiedu l.arti koli g' odda li g,,·,';n

372A. (l) Il-pella litajie{

koll ha mahsubin b>xi

impovlZjoq;

dispozizzjoni la' dan I-A n jistghu jij!u slabbilili u im]X>Sli

mir-Rc~ist Talur·Generali.

(2) L-impoziujoni ta' penali skond dan I-All

likkoslitwixxi titolu eiekU!{i\' fis-sens u ghall·finijicl tat-

T ilOlu .vII la l-Taqsima r tat-Tieni Ktich l~l-KodiCi ",'

O rganizzazzjom u Proeedura Civili.

3728. I r- Re~islralur-Gcnera1i ghandu Jinnotifika

I;k 'uzzjooni

. fl ·

ilIa pcna, ,. u ,

sejha ghall-hlas lill - -persuna li lilha Ikun i;icl1Il

jekk il -hlas ma jsirx fi imien scbal ijiem mid·d~ta tan-notifika

ta' dik is-scjha ghall -hlas. ir.Rci:istratur-Gencrali jisl~'

jipproccdi hl·e7.c kuzzjom tal-h las wara jumcjn mln-nol ifi ka

lid·dcbitur ta' scj lia gliall-hlas maghmula b'att gudizzjarju.".

46. L·artikolu 9 ta' I·An dwar ir·Registru Pubbliku ghandu jigi En>eod>

rnhassar.

47, M in!lok il-k liem "I-artikoli mit-38 sal-51 , il -tIlc jn ink luii. l' ta'

I-a rtikoli 53, 54 u 62" !l-arlikolu 15A la' I-All ta' 1-1972 dwar

I·AvJaujoni Ci,-ili ghandhom jidhlu I·kliem "I-anikolu 37C, is·

subartikolu (I) ta' I-artikolu 37D, l-artikoli 38, 39, 41, 42, 44, 45, 45A ,

46,47,48 u 49",

48, (I) L·anniversarju lar-registraujoni ini1.jali ghar-rigward

la' bastimcnti rrcgis lrati qabcl il-bidu fis-s.chh la-I-artikoli 8 u 11 ta'dan

I-An, ghandha ghall-finijict ta' I-artikoli 7 u 19 ta' I-Att printipali kif

emenda t b'dan I-All, tigi ffiS5ata skond regolamenti li jistghu jigu

maghmula mill-Ministru, licma rcgolamenti ghandhom jipprovdu wkoll

i1l1 driu ikun dovut ghal kull perjodu ta' mhux itjed minn tnax-il xahar

b'mod illi dak id-drill ikun wara dak il -pagament kifintqa[ jerga' jkun

dovuI wara dak I-a nnivcrsarju kif iffissat fir-rcgolamenti ,

(2) t-tlicf kifprovdut fiHubartikolu ~ jigi mumufih warn dan, I-Att

principali kif emcndal b'dan I-Atl. ghandu japplika ghall-baslimcnli

Ma[tin u ipoteki navali mdahh[a fir-registru qabc[ il-bidu !is-sehh ta' xi

dispoiizzjoni ta' dan [-AI!.

(3) [d-detentur ta' ipoteka nava[i regimat qabc[ id-data [i

fiha [-artikolu 21 la' dan I-Atl jihda fis-sehh, jista' wara 1i jaghti hr-

registra tur prova ta' ftehim minn sid il·bastiment li ma jigux registrati

ipote ki nava[i ohm mingha jr i[-kunsens ta' dak i[-kreditur ipotckarju. u

wara li jipprci.enla d-dikjarazzjoni relattiva , jitlob illi jiddahhal

notam",nt fir-regislru ta[ -bastimenl flS-sens illi ehda ipoleka nava[i ohra

ma tkun tista' tigi registrata minghajr il-kunsens moghti qabcl bil-

miktub mi ll-kreditur ipolekarju.

Mghoddi mill-Kamra tad-Deputali fis-Seduta Nru. 165 lad-9 ta' Novemhru, [988.

L AWRI;NCEGONZI

Speaker

p, MUSCATTERRHl l U S

Skrivan tal- Kamra tad·DeplUati