ACT No. I of 2025 AN ACT to amend the Merchant Shipping Act, Cap. 234.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

4th February, 2025

ACT No. I of 2025

AN ACT to amend the Merchant Shipping Act, Cap. 234.

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

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1) The short title of this Act is the Merchant Shipping Short title and

(Amendment) Act, 2025 and this Act shall be read and construed as commencement.

one with the Merchant Shipping Act, hereinafter referred to as "the

principal Act".

(2) This Act shall come into force within two (2) months from the

date of its publication in the Gazette.

Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a) in sub-article (1) thereof immediately after the

definition "Authority" there shall be added the following new

definition

" "bareboat charterer" means a person who leases or

sub-leases a ship, by means of a contract for a stipulated

period of time, during which period such person shall

acquire full control and complete possession of the ship,

including the right to appoint her master and crew for the

duration of the charter but excluding the right to sell or

mortgage the ship;";

(b) in sub-article (2) thereof the words "if sent by

registered post to the last address of the owner registered with the

registrar" shall be substituted by the words "if sent by electronic

mail".

Article 3 of the principal Act shall be amended as follows

(a) sub-article (5) thereof shall be substituted by the

following new sub-article

"(5) For the purposes of identification the owner of

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

painting the official number, name and port of registry on

the keel, and such details are to be reproduced on the ship’s

side and eventually on the stern, as may be possible from

time to time."; and

(b) in sub-article (8) thereof the words "twenty-five years"

shall be substituted by the words "twenty years".

Article 7 of the principal Act shall be amended as follows

(a) the first paragraph of sub-article (1) thereof shall be

substituted by the following new paragraph

"(1) The fee due on first registration and the annual

fee shall be paid upon registration of the ship and no

certificate of registry as described in article 19 shall be

issued in respect of a ship unless the fees have been paid in

respect of the ship:";

(b) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) Thereafter the annual fee shall be payable by

the anniversary of the first registration.";

(c) the word "initial", wherever it occurs, shall be

substituted by the word "first".

In article 12 of the principal Act the word "Minister" shall be

substituted by the words "Registrar-General".

Article 13 of the principal Act shall be amended as follows

Amendment of

article 13 of the

principal Act.

(a) in paragraph (a) of sub-article (1) thereof the words

"transferred to the applicant for registry;" shall be substituted by

the words "transferred to the applicant for registry:" and

immediately thereafter there shall be added the following new

proviso

"Provided that the registrar may not enquire into prior

title or registered encumbrances in cases where the vessel

was acquired by the owner free from encumbrances pursuant

to an order or with the approval of a competent court.";

(b) the proviso to paragraph (b) of sub-article (2) thereof

shall be substituted by the following new proviso

"Provided that the Registrar-General may, subject to

such conditions as he may deem proper, in case of a ship

which is being built, rebuilt or equipped, exempt such ship

from the requirements of this paragraph for a period of one

year extendable for a valid reason for a further period or

periods but in no case for a period exceeding two years at a

time.".

Article 15 of the principal Act shall be amended as follows

Amendment of

article 15 of the

principal Act.

(a)

sub-article (1) thereof shall be amended as follows

(i) paragraph (c) of sub-article (1) thereof shall be

substituted by the following new paragraph

"(c) her International Maritime Organization

(IMO) Identification Number, where applicable, shall

be marked in accordance to the Safety Convention;

and";

(ii) immediately after paragraph (c), as substituted,

there shall be added the following new paragraph

"(d) her draught shall be marked in accordance

to the Load Line Convention.";

(b) in sub-article (2) thereof the word "Minister" shall be

substituted by the words "Registrar-General".

In sub-article (1) of article 16 of the principal Act the words Amendment of

"or in any regulations made thereunder." shall be substituted by the article

principal Act.

words "or in any regulations made thereunder:" and immediately

thereafter there shall be added the following new provisos

"Provided that with regard to ships that are being built

or equipped and are registered in accordance with article 3(3), at

the request of the applicant for registry or his authorised

representative, the Registrar-General may extend the provisional

registration for a further period or periods until the completion of

the ship, but in no case may the provisional registration period be

extended for periods exceeding three years at a time

Provided further that the Registrar-General may

extend for other periods of time upon receipt of satisfactory

evidence that the construction has not yet been completed

Provided further that the Registrar-General may

request documentation related to the stage of construction or

equipping of the vessel

Provided further that the annual fee shall be payable

on the anniversary of the first registration in accordance with the

provisions of this Act.".

In article 18 of the principal Act immediately after the words

"all declarations of ownership." there shall be added the words

"Electronic copies of documents to be retained shall suffice.".

Article 25 of the principal Act shall be deleted.

Sub-article (2) of article 26 of the principal Act shall be

deleted.

In article 26A of the principal Act the words "and the master

shall forthwith deliver up the certificate of registry to the registrar or a

Maltese consular officer" shall be deleted.

Article 28A of the principal Act shall be substituted by the

following new article

"28A. Where the purchaser of a ship is not a person who is

qualified to own a Maltese ship in accordance with this Act, the

registrar upon obtaining knowledge or on being given notice of

such a fact, the registrar shall

(a) in the case of a sale pursuant to an order or with

the approval of a competent court, upon receiving copies of

the proceedings of the sale certified to his satisfaction,

make an entry thereof in the register and the register of the

ship shall be considered as closed, including in so far as

relates to any mortgage or encumbrance or finance charter

instrument registered over that ship; or

(b) in the case of a sale by a mortgagee in

possession pursuant to article 42(1)(b), upon the

production of a copy of the bill of sale certified to his

satisfaction, make an entry thereof in the register and the

register of the ship shall be considered as closed except in

so far as relates to any unsatisfied mortgages entered

therein.".

Article 30 of the principal Act shall be amended as follows

Amendment of

article 30 of the

principal Act.

(a) in the proviso to sub-article (1) thereof the words "or

if any certificate of registry, whether provisional or otherwise,

has not been surrendered to him" shall be deleted;

(b) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) The registrar shall specify on the deletion

certificate the reason for closure of registry, and where the

registry of a ship, whether provisional or otherwise, has been

closed saving any unsatisfied mortgage, any unsatisfied

finance charter instrument or privilege entered therein, the

deletion certificate shall also include a full description of

any unsatisfied mortgage, any unsatisfied finance charter

instrument or privilege, together with a statement that the

registry of the ship was closed saving such mortgages,

finance charter instruments or privileges.".

In paragraph (a) of sub-article (9) of article 37 of the principal Amendment of

Act, immediately after the words "specified in article 42" there shall be article

principal Act.

added the words ", with the exception of the mortgagee’s right to

demand the closure of a ship’s register in accordance with article

Article 37B of the principal Act shall be amended as follows

Amendment of

article 37B of

the principal

(a) immediately after paragraph (a) of sub-article (2)

Act.

thereof there shall be added the following new paragraph

"(aa) by means of a finance charter interest which is a

charge over a vessel which is enforceable erga omnes, or";

(b) immediately after sub-article (3) thereof there shall

be added the following new sub-article

"(4) A mortgage shall also include a mortgage that

has been registered in a foreign jurisdiction but is

recognized in Malta and registered in the Maltese

registry.".

Immediately after sub-article (1) of article 37C of the

principal Act there shall be added the following new sub-article

"(1a) Any finance charter instrument to which a vessel

may be subject shall not be affected by the bankruptcy of the

finance charterer occurring after the registration date of the

finance charter interest, notwithstanding that the finance

charterer at the commencement of the bankruptcy had the

ship in his possession, order or disposition, and such finance

charter interest shall have preference on the said vessel, over

all other debts, claims or interests of any other creditor of the

bankrupt or of any curator, trustee or receiver, acting on

behalf of any other creditors, save for those claims which

would rank in preference of a finance charter interest in

accordance with the provisions of this Act.".

Article 37D of the principal Act shall be amended as follows

(a) sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) Subject to the provisions of this article, a

registered mortgage and any finance charter instrument

shall attach to the ship or share therein in respect of which

it is registered until it is discharged

Provided that where the ship has been forfeited

in accordance with this Act, the interest of the mortgagee

and, or of any lessor under a finance charter instrument in

the ship shall terminate if the mortgagee or the lessor under

a finance charter instrument has authorised, consented to,

or conspired, to the act, failure or omission in consequence

of which the ship is forfeited.";

(b) immediately after sub-article (1) thereof, as

substituted, there shall be added the following new sub-article

"(1a) Where a ship has been sold pursuant to an order

or with the approval of a competent court within whose

jurisdiction the ship was at the time of the sale, such sale of

the ship shall be considered to give the purchaser a title

which is free from all privileges and encumbrances and any

mortgage, finance charter instrument or encumbrance

registered over that ship shall be deemed to be discharged

and shall be removed from the ship’s register

Provided that the interest of the mortgagees, or

of the lessor under a finance charter instrument as well as

of any other creditor in the ship including their respective

ranking, if any, shall be passed on to the proceeds of the

sale of the ship in accordance with the applicable law in

that jurisdiction

Provided further that where a ship has been sold

by a mortgagee in possession pursuant to his rights in

accordance with article 42(1)(b) and it is stated in the bill of

sale that the ship is being sold free from such encumbrance,

then the rights arising from such registered mortgage and

any finance charter instrument registered on the ship shall no

longer be exercisable in relation to that ship.".

Article 38 of the principal Act shall be amended as follows

Amendment of

article 38 of the

principal Act.

(a) sub-article (5) thereof shall be substituted by the

following new sub-article

"(5) A mortgage registered in accordance with this

Act may be drawn up to secure the payment of a principal

sum and interest, a current account, as well as the

performance of any other obligation, including a future

obligation due by the debtor to the creditor

Provided that a mortgage drawn up in

accordance with this Act shall be valid at law even if it

does not indicate the monetary value of the indebtedness in

the mortgage

Provided further that in order for future

obligations to be secured by the mortgage, each of the

following conditions shall be met

(i) a maximum sum by way of principal for

which the mortgage is granted shall be expressly

stated in the registered instrument;

(ii) such maximum sum shall be recorded in

the register by the registrar; and

(iii) the mortgage shall be registered in favour

of a credit institution in an approved jurisdiction or

such other organisation as may be permitted by

means of a notice issued by the Minister.";

(b) sub-article (6) thereof shall be substituted by the

following new sub-article

"(6) The Minister may make regulations to further

regulate the operation of security granted to secure future

obligations.".

In sub-article (1) of article 39 of the principal Act

immediately after the words "the register" there shall be added the

words "and assign an index number of registration to such mortgage.".

Immediately after article 39 of the principal Act, as amended,

there shall be added the following new article

The mortgage or assignment of a mortgage of a

Malta registered ship shall not be valid in respect of

such ship, against any person other than the mortgagor,

his successors and, or assignees and persons having

actual notice thereof until the instrument evidencing

such transaction is registered in accordance with article

39.".

22. Immediately after article 39A of the principal Act, as added,

there shall be added the following new article

A party to a mortgage registered in accordance

with this Act, with the consent of the other party or

parties, may within seven days of the registration correct

any error on the document.".

23. Article 42 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof the words "In the event of

default" shall be substituted by the words "Notwithstanding

the provisions of article 256(2) of the Code of Organisation

and Civil Procedure, in the event of default";

(b) in paragraph (a) of sub-article (1) thereof the words

"ceased to be the owner thereof;" shall be substituted by the

words "ceased to be the owner thereof:" and immediately

thereafter there shall be added the following new proviso

"Provided that any mortgagee may, by means of an

application, seek the assistance of the Courts in the exercise of this

right. The Court shall give all the orders and directions, as may be

deemed necessary, to immediately and as expeditiously as

possible grant such assistance to the mortgagee;".

24. Immediately after article 45A of the principal Act there shall Addition of new

article to the

be added the following new article

principal Act.

The registered details relating to a mortgage in

registered mortgage

the event of a change in the name or address of the

mortgagor or of the mortgagee may be amended. The

amendment shall be affected by the registrar in the

registry of the ship concerned upon receipt of a request

from the mortgagee together with evidence in support of

the required changes.".

25. Immediately after article 49 of the principal Act there shall be Addition of new

article to the

added the following new article

principal Act.

(1) A mortgage may be registered over a ship

that is under construction and any such mortgage shall

operate in all respects as a mortgage in accordance with

this Act and unless otherwise provided in this article, the

provisions on mortgages shall apply mutatis mutandis.

(2) Prior to the registration of a mortgage over a

ship under construction, the owner shall be required by

the registrar to provide him with a declaration of

ownership confirming his ownership of the ship under

construction

Provided that the Registrar may require

documentary proof of ownership.

(3) In cases where the ownership of the ship under

construction vests in more than one owner, the

declaration of ownership shall be drawn up jointly by the

owners

Provided that the owners shall have the option

to jointly indicate their respective proportions of shares

in the ship under construction. Whenever there is a

change in the proportions of shares in the ship, the

owners may jointly declare their new respective

proportion of shares.

(4) A declaration of ownership made in regard to a

ship under construction shall not be limited to the said

ship at the stage of construction that the ship is in at the

time the declaration is made but shall also extend to the

stages of construction or equipping of the ship that

follow, and article 566 of the Civil Code shall apply

thereto.

(5) A mortgage registered over a ship that is under

construction shall not be limited to the ship at the stage

of construction that the ship is in at the time the mortgage

is registered but shall extend and attach to the stages of

construction that follow, and article 566 of the Civil

Code shall apply thereto.

(6) For the purposes of this article

"ship under construction" means a ship

which is in the process of being built.".

26. Immediately after article 49A of the principal Act there shall

be added the following new article

(1) The rights arising in favour of the lessor

of a ship in a finance charter may be secured through

the registration in that ship’s register of a finance

charter instrument executed by the finance charterer in

favour of the lessor who shall acknowledge same in

writing, in the presence of, and attested by a witness or

witnesses.

(2) On the production of a finance charter

instrument for registration, the registrar shall record it in

the register of the ship concerned.

(3) A finance charter instrument may be drawn up

to secure the performance of any obligation of the

finance charterer in favour of the lessor under and in

terms of a finance charter, including the payment of hire,

a principal sum and interest, an account current, as well

as the performance of any other obligation.

(4) The consent in writing of any registered

mortgagee shall be required for the registration of a

finance charter instrument.

(5) The registration of any finance charter

instrument shall not affect any mortgage registered over

that ship or share therein irrespective of whether such

mortgage registration is affected prior or after the

registration of a finance charter instrument and any rights

of the mortgagee shall in no way be prejudiced by the

registration of a finance charter instrument

Provided that the registration of any finance

charter instrument shall be without prejudice to the

provisions of article 37C.

(6) The registration of a finance charter instrument

over a ship shall not prohibit the registration, amendment

or discharge of any mortgage over that ship.

(7) The transfer of the ship or any share therein

referred to in the finance charter instrument shall not be

prohibited and the registrar shall record any such transfer

provided that in such instances the lessor shall either

discharge the finance charter instrument prior to the

transfer of the ship or transfer the finance charter

instrument to the transferee together with the ship.

(8) A registered finance charter instrument shall be

considered as a charge over a ship which shall be

enforceable erga omnes

Provided that for the purposes of article 54A,

the debt secured by a finance charter instrument shall

rank after any debt secured by a mortgage registered

under the provisions of this Act or secured by a foreign

mortgage recognised in accordance with this Act and

after the debts specified in article 54 and in article 50 (c),

(d), (e), (f), (g), (h), (i), (j) and (k) but before the debts

specified in article 50(l), (m), (n), (o) and (p) and in

preference to other hypothecary and privileged claims

Provided further that the rights awarded to the

lessor under this sub-article shall be limited to the ship

indicated in the finance charter instrument and shall not

apply to any debts, obligations, actions and claims

relating to the ship which arose prior to the registration

of the finance charter instrument.

(9) In the event of default of any term or condition

of a registered finance charter instrument or of any

document or agreement referred to therein, the lessor

shall, upon giving notice in writing to the finance

charterer, be entitled to take possession of the ship in

respect of which the finance charter instrument is

registered.

(10) For the purposes of any judicial proceedings

instituted by the lessor in connection with a finance

charter, the respondent shall be deemed to be duly served

if the application or other act is served on the master of

the ship, or if he is absent from Malta, on the local agent

appointed for the ship, or in the absence of such local

agent on curators appointed by the court to represent the

finance charterer and the ship.

(11) The provisions of articles 38(4), 38(7), 44, 44A,

45, 46, 47 and 48 of this Act shall mutatis mutandis

apply in respect of a finance charter instrument.

(12) This article shall be without prejudice to the

provisions contained in articles 19A and 19B

Provided that it shall be permissible for a

finance charter instrument to be registered over a ship

notwithstanding that the said provisions are not availed

of.

(13) For the purposes of this article

(a) the term "finance charter" shall refer to

the chartering or lease of a ship under terms where

the possession, operation or control of that ship is

given to a bareboat charterer or to a lessee

including through a demise or bareboat charter or a

similar agreement, the principal purpose and

intention of which is to finance the acquisition,

operation, administration or management of that

ship;

(b) the term "finance charter instrument"

shall refer to the registration of a finance charter as

provided for in this article;

(c) the term "finance charterer" shall refer

to the person identified as the bareboat charterer or

the lessee in the finance charter;

(d) the term "lessor" shall refer to the

owner of a ship which is the subject of or is

otherwise addressed in a finance charter.".

27. Immediately after article 49B of the principal Act, as added,

there shall be added the following new article

(1) Where a registered finance charter

instrument is amended, the registrar shall on the

production of the instrument of the finance charter

executed in accordance with the provisions of article

49B containing such amendment, together with the

written acknowledgment by the lessor on the said

instrument make a note thereof in the register to the

effect that the finance charter instrument has been

amended, and any such amendment shall form an

integral part of the registered finance charter instrument

and such finance charter instrument, as amended, shall

continue to have the same priority as it had before the

amendment was noted.

(2) Subject to the provisions of this article, an

amendment of a finance charter instrument may be

effected for any purpose.

(3) Without prejudice to the generality of the

foregoing, and subject to the provisions of sub-articles

(4) and (5), an amendment of a finance charter

instrument shall be effected for any one or more of the

following purposes

(a) to increase the amount of capital

secured by such finance charter instrument. An

agreement to amend and vary the rates of interest

payable, the modalities for the calculation of

interest including any indices, margin, or market

mechanism, the repayment schedule or the

currency in which payment is to be made is not

considered as an increase for the purposes of this

article; and

(b) to extend such finance charter

instrument to secure any other obligation of the

finance charterer in favour of the lessor under and

in accordance with the terms of a finance charter.

(4) An amendment of a finance charter instrument

may not be effected after the obligation secured by the

registered finance charter instrument has been satisfied.

(5) The acknowledgment to an amendment to a

finance charter instrument shall be signified by means of

a declaration executed by the lessor in the presence of

and attested by a witness.".

28. Article 50 of the principal Act shall be amended as follows

Amendment of

article 50 of the

principal Act.

(a) in paragraph (c) thereof immediately after the word

"dues" there shall be added the words "including anchorage and

berthing dues";

(b) in the proviso to paragraph (j) thereof immediately

after the words "contracted directly by the owner of the ship"

there shall be added the words "or by the bareboat charterer" and

immediately after the words "by an authorised agent of the

owner" there shall be added the words "or of the bareboat

charterer".

(c) in the proviso to paragraph (m) thereof immediately

after the words "directly by the owner of the ship" there shall be

added the words "or by the bareboat charterer" and immediately

after the words "or by an authorised agent of the owner" there

shall be added the words "or of the bareboat charterer".

29. Sub-article (2) of article 52 of the principal Act shall be Amendment of

article 52 of the

substituted by the following new sub-article

principal Act.

"(2) A privilege shall only be effectual with regard to any

other vessel if the claim is duly registered in a public registry in

the country to which the vessel belongs and in accordance with

the laws of that country.".

30. Article 55 of the principal Act shall be amended as follows

(a) in sub-article (2) thereof the word "Minister" shall be

substituted by the word "Registrar-General";

(b) in sub-article (3) thereof the words "three months"

shall be substituted by the words "twelve months".

31. Article 56 of the principal Act shall be amended as follows

(a) in sub-article (4) thereof immediately after the words

"certificate of registry" there shall be added the words ", in any

other certificate issued by the registrar bearing the name of the

ship";

(b) in sub-article (5) thereof immediately after the words

"certificate of registry" there shall be added the words ", in any

other certificate issued by the registrar bearing the name of the

ship".

32. Article 58 of the principal Act shall be substituted by the

following new article

"58. For the purposes of the registry of an alteration in a

ship, the registrar shall enter the particulars of the alteration in

the register and shall issue a new certificate of registry.".

33. In sub-article (1) to article 61 of the principal Act the words

"and on delivery up to him of the existing certificate of registry," shall

be deleted.

34. In sub-article (2) of article 65 of the principal Act the words

"duly authorised representative." shall be substituted by the words

"duly authorised representative:" and immediately thereafter there

shall be added the following new proviso

"Provided that the registrar may accept electronic declarations

that are signed in an electronically secure manner.".

35. Article 67 of the principal Act shall be substituted by the

following new article

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

may, on payment of such fee as may be prescribed, inspect any

register by providing the name of the ship and obtain a transcript

or extract of the register.".

36. Article 69 of the principal Act shall be deleted.

Deletion of

article 69 of the

principal Act.

37. In article 70 of the principal Act immediately after the words Amendment of

"certificate of mortgage or sale" there shall be added the words "or any article

principal Act.

other certificate issued by the registrar".

38. In sub-article (1) of article 79 of the principal Act the word Amendment of

"Minister", wherever it occurs, shall be substituted by the words article

principal Act.

"Registrar-General".

39. In paragraph (c) of sub-article (2) of article 81 of the principal Amendment of

Act immediately after the word "owner" there shall be added the words article

principal Act.

"or bareboat charterer".

40. Article 95 of the principal Act shall be deleted.

Deletion of

article 95 of the

principal Act.

41. Article 97 of the principal Act shall be deleted.

Deletion of

article 97 of the

principal Act.

42. In the paragraph subsequent to paragraph (d) of article 98 of Amendment of

the principal Act immediately after the words "imprisonment and article

principal Act.

fine." there shall be added the words "Furthermore, the Registrar-

General may prohibit that person from being engaged on a Malta

registered ship, for a definite or indefinite period.".

43. Sub-article (4) of article 100 of the principal Act shall be Amendment of

article 100 of

deleted.

the principal

Act.

44. Article 101 of the principal Act shall be deleted.

Deletion of

article 101 of

the principal

Act.

45. Article 102 of the principal Act shall be substituted by the Substitution of

article 102 of

following new article

the principal

Act.

"102. The master of every ship shall keep on board all the

relevant certificates of the ship and its crew, as required in terms

of this Act and in accordance with international instruments to

which Malta is a party.".

46. In sub-article (1) of article 114 of the principal Act the word Amendment of

article 114 of

"Minister" shall be substituted by the word "Registrar-General".

the principal

Act.

47. In sub-article (2) of article 122B of the principal Act the

words "the master or owner" shall be substituted by the words "the

master, the owner or the bareboat charterer".

48. In paragraph (l) of sub-article (2) of article 122C of the

principal Act the words "eighteen years:" shall be substituted by the

words "eighteen years." and the proviso found immediately thereafter

shall be deleted.

49. Article 128 of the principal Act shall be substituted by the

following new article

128. If any person

"False or forged

certificate of

discharge.

(a) forges or fraudulently alters any

certificate of discharge; or

(b) assists in committing, or procures to be

committed, any of such offences as aforesaid; or

(c) fraudulently uses any certificate of

discharge which is false or altered or does not

belong to him,

he shall for each offence, on conviction be liable to

imprisonment for a term not exceeding two years or to a

fine (multa) not exceeding five hundred units or to both

such imprisonment and fine.".

In sub-article (5) of article 129A of the principal Act

immediately after the words "This article shall" there shall be added the

word "also".

Article 131 of the principal Act shall be amended as follows

(a) immediately after the words "the seaman’s wages

shall" there shall be added the words ", for the period the seaman

remains on board the vessel,";

(b) the words "of the final settlement thereof." shall be

substituted by the words "of the final settlement thereof:" and

immediately thereafter there shall be added the following new

proviso

"Provided that should the ship concerned be subject

to a judicial sale, the wages due to the seamen on board shall

continue to accrue in favour of the seamen who continue to carry

out their duties on board and shall continue to accrue either until

the seamen leave the ship or until the ship is sold, whichever is

the earlier. Following a judicial sale, wages shall not continue to

accrue in favour of a seaman unless he is engaged by the new

owner of the ship.".

Articles 133, 135, 136, 137 and 137A of the principal Act Deletion of

articles 133,

shall be deleted.

135, 136, 137

and 137A of the

principal Act.

Article 147 of the principal Act shall be amended as follows

Amendment of

article 147 of

the principal

(a) the words "a proceeding is" shall be substituted by

Act.

the words "proceedings are";

(b) immediately after the word "owner", wherever it

occurs, there shall be added the words ", or bareboat charterer,".

Article 148 of the principal Act shall be amended as follows

Amendment of

article 148 of

the principal

(a) in sub-article (4) thereof immediately after the word

Act.

"owner" there shall be added the words ", or bareboat charterer,".

(b) in sub-article (5) thereof the words "Accommodation

of Crews Convention (Revised), 1949 (No.92) and the

Accommodation of Crews (Supplementary Provisions)

Convention, 1970 (No. 133) both of the International Labour

Organisation (ILO), including any revisions thereof." shall be

substituted by the words "Maritime Labour Convention, 2006 of

the International Labour Organisation, including any revisions

thereof.".

In sub-article (3) of article 149 of the principal Act the words Amendment of

"the master or owner" shall be substituted by the words "master, or article

the principal

owner or bareboat charterer".

Act.

Article 151 of the principal Act shall be deleted.

Deletion of

article 151 of

the principal

Act.

Article 152 of the principal Act shall be amended as follows

Amendment of

article 152 of

the principal

(a) in sub-article (2) thereof immediately after the word

Act.

"owner" there shall be added the words ", or bareboat charterer";

(b) in sub-article (3) thereof immediately after the word

"owner" there shall be added the word ", bareboat charterer,";

(c) in the proviso to sub-article (3) thereof the words

"master or owner", wherever they occur, shall be substituted by

the words "master, or owner or bareboat charterer".

Article 158 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof the words "the expenses (if

any) of his burial" shall be substituted by the words "the

expenses, if any, of the repatriation of the deceased and his

burial,";

(b)

sub-article (4) thereof shall be amended as follows

(i) immediately after the words "cases any

reasonable expenses duly incurred by the owner" there

shall be added the words "or bareboat charterer";

(ii) the words "by the owner in respect of the

burial" shall be substituted by the words "by the owner or

bareboat charterer in respect of the repatriation of the

deceased and of the burial".

Article 159 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof immediately after the word

"owner", wherever it occurs, there shall be added the words "or

bareboat charterer";

(b) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) Save as otherwise provided for in article 37D

(3), if the expenses are not so repaid, the amount thereof

shall with costs be a charge upon the ship and be

recoverable from the master, the owner or the bareboat

charterer of the ship at the time the action is brought or,

where the ship has been lost, the owner of the ship at the

time of the loss, or, where the ship has been transferred,

either from the owner of the ship at the time the action is

brought or from the person who was the owner of the ship

at the time of the transfer, at the suit of the person

defraying the expenses or as a debt due to the Government

of Malta.".

In paragraph (a) of article 162 of the principal Act

immediately after the word "owner" there shall be added the words "or

bareboat charterer".

In article 163 of the principal Act the words "(in this Act

referred to as the "distressed seamen regulations")" shall be deleted.

Article 164 of the principal Act shall be amended as follows

Amendment of

article 164 of

the principal

(a)

the words "distressed seamen" shall be deleted;

Act.

(b) the words "for burial expenses" shall be substituted by

the words "for the repatriation of the deceased and for his burial

expenses".

Sub-article (1) of article 165 of the principal Act shall be Amendment of

article 165 of

amended as follows

the principal

Act.

(a) the words "for his burial" shall be substituted by the

words "for the repatriation of the deceased and his burial";

(b) immediately after the words "the Government of

Malta from the master of the ship or from the owner of the ship

for the time being" there shall be added the words "or the

bareboat charterer".

In sub-article (1) of article 168 of the principal Act the words Amendment of

"distressed seamen regulations." shall be substituted by the words "the article

the principal

regulations.".

Act.

In paragraph (a) of article 171 of the principal Act immediately Amendment of

after the word "owner" there shall be added the words "or bareboat article

the principal

charterer".

Act.

Article 173 of the principal Act shall be amended as follows

Amendment of

article 173 of

the principal

(a)

sub-article (2) thereof shall be amended as follows

Act.

(i) the words "to the master or owner" shall be

substituted by the words "to the master, or owner or

bareboat charterer";

(ii) the words "that master or owner" shall be

substituted by the words "that master, or owner or bareboat

charterer"; and

(b) in sub-article (3) thereof, the words "owner or

master", wherever they occur, shall be substituted by the words

"owner, or master, or bareboat charterer".

Article 179 of the principal Act shall be amended as follows

Amendment of

article 179 of

the principal

(a) in sub-article (3) thereof immediately after the word

Act.

"agent," there shall be added the words "or bareboat charterer";

and

(b) in sub-article (4) thereof the words "master or owner"

shall be substituted by the words "master, or owner or bareboat

charterer".

In article 184 of the principal Act immediately after the word

"owner", there shall be added the words ", the bareboat charterer".

Article 190 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof the word "Minister" shall be

substituted by the words "Registrar-General";

(b) in sub-article (2) thereof the word "Minister" shall be

substituted by the words "Registrar-General";

(c) in sub-article (3) thereof the words "master or owner"

shall be substituted by the words "master, or owner or bareboat

charterer".

Articles 193 and 194 of the principal Act shall be deleted.

Sub-articles (1) and (2) of article 195 of the principal Act

shall be substituted by the following new sub-articles

"195. (1) There shall be issued to every Maltese seaman,

on application, an identity document to be known, and in this Act

being referred to, as a Maltese seaman’s card, in the form

determined by the Registrar-General.

(2) An application for a Maltese seaman’s card shall be

made to the Registrar-General and the applicant shall produce

such documents and furnish such information as the Registrar-

General may require.".

Sub-article (3) of article 197 of the principal Act shall be

In article 204 of the principal Act immediately after the word

"owners," there shall be added the words "bareboat charterers,".

Article 206 of the principal Act shall be amended as follows

(a) in paragraph (b) of sub-article (2) thereof

immediately after the word "owner" there shall be added the

words "or the bareboat charterer";

(b) sub-article (4) thereof shall be amended as follows

(i) in paragraph (a) thereof immediately after the

words "and the owner" there shall be added the words "or

bareboat charterer";

(ii) in paragraph (b) thereof immediately after the

word "owner", wherever it occurs, there shall be added the

words "or bareboat charterer";

(iii) in paragraph (d) thereof immediately after the

word "owner" there shall be added the words ", or bareboat

charterer";

(c)

in sub-article (5) thereof the word "steam" shall be

deleted;

(d) in sub-article (6) thereof the word "article" shall be

substituted by the words "Part of the Act".

In sub-article (1) of article 215 of the principal Act the word Amendment of

article 215 of

"Minister" shall be substituted by the words "Registrar-General".

the principal

Act.

Articles 229 and 230 of the principal Act shall be deleted.

Deletion of

articles 229 and

230 of the

principal Act.

In sub-article (2) of article 235 of the principal Act the words Amendment of

"master or owner" shall be substituted by the words "master, or the article

the principal

owner, or the bareboat charterer".

Act.

Article 259 of the principal Act shall be amended as follows

Amendment of

article 259 of

the principal

(a) in paragraph (a) of sub-article (1) thereof

Act.

immediately after the word "owner" there shall be added the

words "or the bareboat charterer";

(b) in sub-article (3) thereof the words "owner or master"

shall be substituted by the words "owner, or the master, or the

bareboat charterer".

Article 280 of the principal Act shall be amended as follows

Amendment of

article 280 of

the principal

(a) sub-article (1) thereof shall be substituted by the

Act.

following new sub-article

"(1) In every contract of service, express or implied,

between the owner or bareboat charterer of a ship and the

master or any seaman thereof, and in every instrument of

apprenticeship whereby any person is to serve as an

apprentice on board any ship, there shall be implied,

notwithstanding any agreement to the contrary, an

obligation on the owner or bareboat charterer of the ship

that such persons, as applicable and the master and every

person charged with the loading of the ship, or the

preparing of the ship for sea, or of the sending of the ship

to sea, shall use all reasonable means to ensure the

seaworthiness of the ship for the voyage at the time when

the voyage commences and to keep her in a seaworthy

condition for the voyage during the voyage.";

(b) in sub-article (2) thereof immediately after the words

"owner of a ship" there shall be added the words "or bareboat

charterer".

Article 282 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof the words "master or owner"

shall be substituted by the words "master, or the owner, or the

bareboat charterer";

(b) in sub-article (2) thereof the words "master or owner"

shall be substituted by the words "master, or the owner, or the

bareboat charterer".

In sub-article (1) of article 286 of the principal Act, the words

"master or owner", wherever they occur, shall be substituted by the

words "master, or the owner, or the bareboat charterer".

Article 288 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof the words "master or owner"

shall be substituted by the words "master, or the owner, or the

bareboat charterer";

(b)

sub-article (2) thereof shall be amended as follows

(i) the words "master or owner", wherever they

occur, shall be substituted by the words "master, or the

owner, or the bareboat charterer";

(ii) the words "master nor the owner" shall be

substituted by the words "master, nor the owner nor the

bareboat charterer".

Article 290 of the principal Act shall be amended as follows

(a)

in sub-article (1) thereof immediately after the word

"owner", wherever it occurs, there shall be added the words ", or

bareboat charterer";

(b) in sub-article (2) thereof immediately after the word

"owner" there shall be added the words ", or bareboat charterer,".

Article 293 of the principal Act shall be amended as follows

Amendment of

article 293 of

the principal

(a) in sub-article (1) thereof immediately after the word

Act.

"owners" there shall be added the words "or bareboat charterers";

(b) in sub-article (2) thereof the words "master or

owner", wherever they occur, shall be substituted by the words

"master, or owner, or bareboat charterer";

(c) in sub-article (4) thereof immediately after the word

"owner" there shall be added the words "or bareboat charterer

and the master";

(d) immediately after sub-article (4) thereof, as

amended, there shall be added the following new sub-article

"(5) Any person who causes an infringement of the

collision regulations may be prohibited by the Registrar-

General from being engaged on a Malta registered ship, for a

definite or indefinite period.".

Article 294 of the principal Act shall be amended as follows

Amendment of

article 294 of

the principal

(a) in sub-article (1) thereof the words "master or owner"

Act.

shall be substituted by the words "master, or the owner, or the

bareboat charterer";

(b) in sub-article (3) thereof the words "owner or master"

shall be substituted by the words "owner, master, or bareboat

charterer";

(c) in sub-article (6) thereof the words "owner or

master", wherever they occur, shall be substituted by the words

"owner, or the master, or the bareboat charterer".

In sub-article (1) of article 296 of the principal Act the words Amendment of

"the master or every ship shall" shall be substituted by the words "the article

the principal

master of every ship shall".

Act.

In sub-article (3) of article 298 of the principal Act the words Amendment of

"owner or master" shall be substituted by the words "owner, or the article

the principal

master, or the bareboat charterer".

Act.

Sub-articles (3) and (4) of article 300 of the principal Act

shall be deleted.

In article 302 of the principal Act immediately after the word

"owner" there shall be added the words ", or bareboat charterer".

Article 304 of the principal Act shall be deleted.

Article 307 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof the words "owner or

master", wherever they occur, shall be substituted by the words

"owner, or the master, or the bareboat charterer";

(b) in sub-article (2) thereof the words "owner or master"

shall be substituted by the words "owner, or the master, or the

bareboat charterer".

Part VI of the principal Act shall be deleted.

Article 320 of the principal Act shall be amended as follows

(a) in sub-article (2) thereof immediately after the word

"owner" there shall be added the words "or bareboat charterer";

(b) sub-article (3) thereof shall be substituted by the

following new sub-article

"(3) The court may appoint a new master instead of

the one removed, but where the owner, bareboat charterer,

agent or consignee of the ship is in Malta, such appointment

shall not be made without the consent of that owner or that

bareboat charterer, agent or consignee.".

In sub-article (5) of article 327 of the principal Act the words

"owner or master", wherever they occur, shall be substituted by the

words "owner, or the master, or the bareboat charterer".

In article 347 of the principal Act immediately after the word

"owner" there shall be added the words "or the bareboat charterer".

Article 371 of the principal Act shall be amended as follows

(a)

sub-article (1) thereof shall be amended as follows

(i) immediately after the words "ship, and also the

owner" there shall be added the words "or the bareboat

charterer";

(ii) immediately after the words "the ship to sea, if

that owner" there shall be added the words ", or bareboat

charterer".

(b) in sub-article (2) thereof immediately after the word

"owner" there shall be added the words "or the bareboat

charterer".

In article 373 of the principal Act immediately after the word Amendment of

article 373 of

"owners" there shall be added the words ", or bareboat charterers".

the principal

Act.

Sub-article (4) of article 374 of the principal Act shall be Amendment of

article 374 of

substituted by the following new sub-article

the principal

Act.

"(4) The Minister may make regulations to amend,

substitute or delete all or any of the provisions of sub-articles (4)

to (8) of article 3, of articles 7, 10 to 35, 37A to 49C, of articles

84A to 84Y, and of article 168A of this Act.".

Sub-article (2) of article 375 of the principal Act shall be Amendment of

article 375 of

substituted by the following new sub-article

the principal

Act.

"(2) The treaties and conventions to which sub-article (1)

refers are the following

(a) International Convention on Salvage signed in

London on the 28th April 1989;

(b) International Convention on Liability and

Compensation for Damage in connection with the Carriage

of Hazardous and Noxious Substances by Sea signed in

London on the 3rd May 1996;

(c) International Convention for Safe Containers

signed in Geneva on the 2nd December 1972;

(d) Torremolinos Protocol of 1993 relating to the

Torremolinos International Convention for the Safety of

Fishing Vessels, 1977 signed in Torremolinos on the 2nd

April 1993;

(e) International Convention on Maritime Liens

and Mortgages signed in Geneva on the 6th May 1993;

(f) International Convention on Arrest of Ships,

1999 signed in Geneva on the 12th March 1999;

(g) International Convention for the Unification of

Certain Rules Relating to the Arrest of Sea-Going Ships,

1952 signed in Brussels on 10 May 1952;

(h) Protocol of 2003 to the International

Convention on the Establishment of an International Fund

for Compensation for Oil Pollution Damage, 1992 signed

in London on 16 May 2003;

(i) Protocol of 2005 to the International

Convention for the Suppression of Unlawful Acts Against

the Safety of Maritime Navigation, 1988 signed in London

on 14 October 2005;

(j) Protocol of 2005 to the Protocol for the

Suppression of Unlawful Acts Against the Safety of Fixed

Platforms located on the Continental Shelf, 1988 signed in

London on 14 October 2005;

(k) Protocol of 2010 to the International

Convention on Liability and Compensation for Damage in

Connection with the Carriage of Hazardous and Noxious

Substances by Sea, 1996 signed in London on 30 April

2010;

(l) International Convention on Standards of

Training, Certification and Watchkeeping for Fishing

Vessel Personnel signed in London on 7 July 1995;

(m) Agreement concerning specific stability

requirements for ro-ro passenger ships undertaking regular

scheduled international voyages between or to or from

designated ports in North West Europe and the Baltic Sea

signed in Stockholm on 27-28 February 1996;

(n) 1996 Protocol to the Convention on the

Prevention of Marine Pollution by Dumping of Wastes and

Other Matter, 1972 signed in London on 7 November 1996;

(o) Cape Town Agreement of 2012 on the

Implementation of the Provisions of the Torremolinos

Protocol of 1993 relating to the Torremolinos International

Convention for the Safety of Fishing Vessels, 1977 signed

in Cape Town on 11 October 2012;

(p) United Nations Convention on the International

Effects of Judicial Sales of Ships;

(q) International

Convention

Relating

to

Intervention on the High Seas in Cases of Oil Pollution

Casualties, 1969 signed in Brussels on 29 November 1969;

(r) the Protocol relating to Intervention on the

High Seas in Cases of Marine Pollution by Substances

other than Oil, 1973 signed in London on 2nd November,

1973;

(s) Seafarers’ Identity Documents Convention

(Revised), 2003 (No.185) signed in Geneva on 19 June,

2003.".

The Second Schedule to the principal Act shall be deleted.

Deletion of the

Second

Schedule to the

principal Act.

The Fourth Schedule to the principal Act shall be deleted.

Deletion of the

Fourth Schedule

to the principal

Act.

Passed by the House of Representatives at Sitting No. 305 of the

29th January, 2025.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€2.61