cap_234

MT

MERCHANT SHIPPING ACT

451 Articles / Provisions · Malta

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Table of Provisions (451)

Preamble Art. 1 First Schedule Art. 2 Second Schedule Art. 3 Third Schedule Art. 4 Fourth Schedule Art. 5 Art. 6 Art. 7 Payment of fees. Art. 8 Collection of fees. Art. 9 Default of payment. Art. 10 Application for registry.  Art. 11 Declaration of ownership. Art. 12 Provisional registration. Art. 13 Documents and evidence after provisional registration. Art. 14 Spezzjon u kejl ta’ bastiment. Sostitwit: XXXVII. 1988.9. Art. 15 Art. 16 Compliance with the requirements of this Act.  Art. 17 Entry of particulars in register. Art. 18 Documents to be retained by registrar. Art. 18A Ship’s managing owner to be registered. Art. 19 Certificates of registry, provisional or other.  Art. 19A Certificate of registry in the name of the charterer. Art. 19B Certificate issued in the name of the charterer or lessee. Art. 20 Custody of certificate. Art. 21 Penalty for use of improper certificate. Art. 22 Power to grant new certificate. Art. 23 Provision for loss of certificate. Art. 24 Endorsement of change of master on certificate. Art. 25 Kontrosenja ta’ bdil ta’ proprjetarju fuq ċertifikat. Emendat: XXXVII.1988.4;14; XXXVII. 1990.7; XXII. 2000.2. Art. 26 Delivery up of certificate of ship lost or ceasing to be Maltese. Art. 26A Suspension of certificate of registry. Art. 26B Non-operational certificate of registry. Art. 26C Penalties. Art. 27 Validity of certificate of registry. Art. 28 Voluntary closure of registry. Art. 28A Closure of registry on sale of ship pursuant to court sale or sale by mortgagee in possession. Art. 29 Power to order or direct closure of registry. Art. 30 Deletion certificate. Art. 31 Issue of certificate of registry in lieu of provisional certificate. Art. 32 Transfer of a ship or share therein. Art. 33 Declaration of transfer. Art. 34 Registry of transfer.  Art. 35 Transmission of property in ship. Art. 36 Transfer of ship or sale by order of court. Art. 37 Power of court to prohibit transfer. Art. 37A Detention of ships as security for debts.  Art. 37B Types of charges over ships.  Art. 37C Priority of claims on ship over all other debts of owner.  Art. 37D Attachment and extinguishment of charges.  Art. 38 Mortgage of ship or share.  Art. 39 Registration of mortgages. Art. 39A Validity of a mortgage or assignment of a mortgage. Art. 39B Correction of errors. Art. 40 Preservation of special privileges on accessories of ship.  Art. 41 Priority of mortgages. Art. 42 Rights of mortgagee. Art. 43 Mortgage not affected by bankruptcy. Art. 44 Transfer of mortgages. Art. 44A Assignment of part of a debt or other obligation. Art. 45 Transmission of interest of mortgagee by death.  Art. 45A Amendment of mortgage.  Art. 45B Amendment of registered mortgage details. Art. 46 Entry of discharge of mortgage. Art. 47 Transfers and mortgages not to have effect unless registered. Art. 48 Loss of original mortgage deed. Art. 49 Recognition of foreign mortgages. Art. 49A Registration of mortgages over ships under construction. Art. 49B Finance charter instrument. Art. 49C Amendment of a finance charter instrument.  Art. 50 Special privileges on ships. Art. 51 Debts contracted in different ports. Art. 52 Privileges of seller to be registered. Art. 53 Seller bound to make debts known to buyer. Art. 54 Possessory lien or privilege. Art. 54A Ranking of creditors.  Art. 55 Ships’ names. Art. 56 Rules as to name of ship.  Art. 57 Registry of alterations. Art. 58 Regulations for registry of alterations. Art. 59 Provisional certificate or endorsement where ship is to be registered anew. Art. 60 Registry anew on change of ownership. Art. 61 Procedure for registry anew. Art. 62 Transfer of registry. Art. 63 Restriction on re- registration of abandoned ships. Art. 64 Power of registrar to dispense with declarations and other evidence. Art. 65 Mode of making declarations. Art. 66 Returns to be made by registrars. Art. 67 Inspection of register and transcript and extract of register. Art. 68 Evidence of register and other documents. Art. 69 Forms of documents. Art. 70 Forgery of documents. Art. 71 False declarations. Art. 72 National colours for Maltese ships. Art. 73 Penalty on ship not showing colours.  Art. 74 National character to be declared before clearance. Art. 75 Penalty for unduly assuming Maltese character. Art. 76 Penalty for concealment of Maltese or assumption of foreign character. Art. 77 Proceedings on forfeiture of ship Art. 78 Transfer to foreign registry. Art. 79 Inquiry into  title of ship  to be registered. Art. 80 Power of Minister to order closure of registry. Art. 81 Tonnage regulations. Art. 82 Tonnage ascertained to be tonnage of ship. Art. 83 Tonnage of ships of other countries adopting regulations. Art. 84 Survey and measurement to be performed by surveyors. Art. 84A Interpretation. Art. 84B Compatible registries. Art. 84C Eligibility and conditions for bareboat charter registration. Art. 84D Ascertainment of tonnage. Art. 84E Name of ship bareboat chartered registered in Malta. Art. 84F Bareboat charter registration. Art. 84G Duration of bareboat charter registration. Art. 84H Extension of bareboat charter registration. Art. 84I International convention certificates of ship bareboat charter registered in Malta. Art. 84J Jurisdiction over a ship registered under this Part of this Act. Art. 84K Ownership of ship registered under this Part of this Act. Art. 84L Payment of fees. Art. 84M Mortgages and encumberances. Art. 84N Closure of bareboat charter registration. Art. 84O Bareboat charter registration in a foreign registry. Art. 84P Consent of the Registrar-General. Art. 84Q Name of ship bareboat charter registered in a foreign registry. Art. 84R Registration in a foreign bareboat charter registry not in terms of this Act. Art. 84S Bareboat charter registration of a Maltese ship in a foreign registry. Art. 84T Obligations while ship is a foreign bareboat charter registry. Art. 84U Payment of fees while ship is in foreign bareboat charter registry. Art. 84V International convention certificates of ship bareboat charter registered in foreign registry. Art. 84W Title, mortgages and encumbrances of ship bareboat charter registered in a foreign registry. Art. 84X Termination of bareboat charter registration in foreign registry. Art. 84Y Certification of documents. Art. 84Z Shipping organisation. Art. 85 Definitions and Registration of companies under this Part of this Act. Art. 85A Minister may declare a ship to be a tonnage tax ship.  Art. 86 Exemption from Income Tax. Art. 87 Exemption from death and donation duties.  Art. 88 Exemption from duty on documents. Art. 88A Concessions at option of company.  Art. 89 Interpretation. Art. 90 Manning of Maltese ships. Art. 91 Certificates of competency. Art. 92 Examination for certificates of competency. Art. 93 Grant of certificates on passing examination. Art. 94 Foreign certificates of competency, etc. Art. 95 Form and record of certificates. Art. 96 Loss of certificate. Art. 97 Production of certificates of competency. Art. 98 Forgery of certificates of competency. Art. 99 Appointment and dismissal of master. Art. 100 Duties and liability of the master. Art. 101 Powers of the master. Art. 102 Ship’s papers. Art. 103 Passengers’ list. Art. 104 Sea-protest. Art. 105 Documents to be handed over to successor. Art. 106 Employment of children and persons under eighteen years. Art. 107 Registration of persons under eighteen years who are members of the crew. Art. 108 Medical examination. Art. 109 Penalties. Art. 110 Medical examination of young persons and children. Art. 111 Penalties. Art. 112 Not lawful to engage in business of finding employment for seamen.  Art. 113 Agreements with crew.  Art. 114 Form, period and conditions of agreements with crew. Art. 115 Special provisions as to agreements with crew.  Art. 116 Terms not to be contrary to the provisions of this Act.  Art. 117 Copy of agreement to be accessible to crew.  Art. 118 Forgery etc. of agreements with crew.  Art. 119 Alterations in agreements with crew. Art. 120 Seaman not bound to produce agreement. Art. 121 Engagement of seamen in foreign ports.  Art. 122 Deposit of list of the crew. Art. 122A Use of English language. Art. 122B Crew’s knowledge of English. Art. 122C Conditions of service regulations. Art. 123 Rating of seaman as A.B. Art. 124 Certificated cooks for certain ships.  Art. 125 Discharge. Art. 126 Certificate of discharge and return of certificates of competency. Art. 127 Reports of seamen’s character.' Art. 128 False or forged certificate of discharge. Art. 129 Discharge of seamen on change of ownership. Art. 129A Owner responsible for return of seaman left behind at a port other than the port of engagement. Art. 130 Repatriation of seamen on termination of service at foreign port. Art. 131 Time of payment of wages. Art. 132 Payment of wages before shipping master.  Art. 133 Master to deliver account of wages.  Art. 134 Settlement of wages. Art. 135 Deductions from wages and book to be kept for that purpose. Art. 136 Notice of disrating of seaman. Art. 137 Deduction and payment of fines due under agreement. Art. 137A Rate of exchange. Art. 138 When right to wages begins. Art. 139 Right to recover wages and salvage not to be forfeited. Art. 140 Wages not to depend on freight. Art. 141 Termination of service by wreck or loss of ship. Art. 142 Termination of service by illness, etc. Art. 143 Wages not to accrue during refusal to work or imprisonment. Art. 144 Forfeiture of wages when illness caused by own fault. Art. 145 Compensation to seaman improperly discharged. Art. 146 Restriction on assignment of, and charge upon, wages.   Art. 147 Power of court to rescind contract between owner or master and seaman. Art. 148 Accommodation for seamen. Art. 149 Provisions and water. Art. 150 Complaint as to provisions or water. Art. 150A Allowance for short or bad provisions. Art. 151 Weights and measures on board.  Art. 152 Medical stores regulations. Art. 153 Occupational safety regulations. Art. 154 Appropriate inspectors. Art. 155 Facilities for making complaint. Art. 156 Effects and wages of deceased seamen.  Art. 157 Effects and wages of seamen left behind.  Art. 158 Expenses of medical attendance in case of injury or illness. Art. 159 Recovery of expenses from owner. Art. 160 Certificate required where seaman is left behind. Art. 161 Account and payment of wages in case of seaman left behind. Art. 162 Application of payments on account of wages. Art. 163 Regulations as to relief and maintenance of distressed seamen. Art. 164 Provision for relief and maintenance of distressed seamen. Art. 165 Recovery of expenses of relief of distressed seamen. Art. 166 Penalty for forcing men ashore.  Art. 167 Mode of providing for return. Art. 168 Provisions as to taking distressed seamen on ships. Art. 168A Provision of insurance policy. Art. 169 Powers of the master to enforce discipline. Art. 170 Misconduct endangering life on ship.  Art. 171 Desertion and absence without leave.  Art. 172 Power of court to order offender to be taken on board ship. Art. 173 General offences against discipline. Art. 174 Penalty for false statement as to last ship or name. Art. 175 Entry of offences in official log. Art. 176 Entries and certificates of desertion abroad. Art. 177 Register of deserters. Art. 178 Facilities for proving desertion in proceedings for forfeiture of wages. Art. 179 Nature and application of forfeitures. Art. 180 Forfeitures and deductions may be determined in suits for wages. Art. 181 Ascertainment of amount of forfeiture out of wages. Art. 182 Penalty for enticing to desert and harbouring deserters.  Art. 183 Deserters from foreign ships. Art. 184 Stowaways. Art. 185 Discipline of stowaways and persons carried under compulsion. Art. 186 Duties of master as to stowaways. Art. 187 Stowaway may be taken back on board.  Art. 188 Liability of ship’s agent. Art. 189 Master to notify discovery of stowaway. Art. 190 Official logs to be kept and to be evidence. Art. 191 Entries required in official log book. Art. 192 Offences in respect of official logs.  Art. 193 Delivery of official logs to shipping master.  Art. 194 Official logs to be sent home in case of transfer or loss of ship.  Art. 195 Issue of Maltese seaman’s card. Art. 196 Safe custody of card. Art. 197 Loss, destruction or defacement of a Maltese seaman’s card. Art. 198 Incorrect particulars entered on card. Art. 199 Entries upon, and assignment or charge of, card. Art. 200 Possession of more than one identity document. Art. 201 Surrender of card on ceasing to be a Maltese seaman. Art. 202 Delivery of card issued to other persons. Art. 203 Penalties. Art. 204 Application of this Part to ships registered in Malta. Art. 205 Partial application to pleasure yachts. Art. 206 Partial application to fishing boats. Art. 206A Application of the Safety Convention. Art. 207 Construction and survey rules. Art. 208 Rules for life- saving appliances. Art. 209 Radio rules. Art. 210 Rules for direction- finders. Art. 211 Further provisions as to radio navigational aids. Art. 212 Openings in passenger ship’s hulls and water tight bulk heads. Art. 213 Rules to implement international conventions. Art. 214 Declarations of survey. Art. 215 Transmission of declarations of survey.  Art. 216 Appeal to court of survey. Art. 217 Passenger ships safety certificates and exemption certificates. Art. 218 Passenger ship certificate. Art. 219 Cargo ship safety construction certificates and exemption certificates. Art. 220 Cargo ships safety equipment certificates and exemption certificates. Art. 221 Radio certificates and exemption certificates. Art. 221A Cargo ship safety certificate. Art. 222 Issue of certificates on partial compliance with rules. Art. 223 Issue of certificates by foreign governments on request by Minister. Art. 224 Certificates in duplicate and fees for certificates. Art. 225 Notice of alterations and additional surveys. Art. 226 Duration of certificates. Art. 227 Certificates admissible in evidence. Art. 228 Cancellation of certificates. Art. 229 Delivery up of certificates. Art. 230 Posting up of certificates. Art. 231 Penalty for forgery of certificate or declaration. Art. 232 Prohibition of proceeding to sea without appropriate certificates. Art. 233 Penalty for carrying passengers in excess or on more than one deck below water line.  Art. 234 Removing of persons in case of danger. Art. 235 Modification of safety certificates as respects life- saving appliances. Art. 236 Provisions as to life-saving appliances. Art. 237 Entry in log book of boat-drill, etc. Art. 238 Enforcement of radio rules, rules for  direction-finders and radio navigational aids.  Art. 239 Enforcement of rules made under article 212. Art. 240 Return to be furnished by master as to passengers. Art. 241 Inspection to ensure compliance with rules. Art. 242 Countries to which Safety Convention applies and Safety Convention ships. Art. 243 Certificates of foreign convention ships. Art. 244 Passenger ship holding Convention certificates. Art. 245 Miscellaneous privileges of ships holding Convention certificates. Art. 246 Further provisions as to production of Convention certificate. Art. 247 Power of Minister to exempt from safety requirements. Art. 248 Exemption of certain ships from certain provisions of this Act. Art. 249 Definition of international voyage for purposes of foregoing provisions. Art. 250 Application of following provisions of this Part of Act. Art. 251 Load line rules. Art. 252 Compliance with load line rules. Art. 253 Submersion of load lines.  Art. 254 Miscellaneous offences in relation to marks.  Art. 255 Issue of load line certificate. Art. 256 Effect of load line certificate. Art. 257 Duration, endorsement and cancellation of load line certificates. Art. 258 Ship not to proceed to sea without load line certificate. Art. 259 Publication of load line certificate and entry of particulars in official log book.  Art. 260 Inspection of ships. Art. 261 Convention certificates. Art. 262 Compliance with load line rules. Art. 263 Submersion of load lines. Art. 264 Malta load line certificates. Art. 265 Production of certificate for clearance. Art. 266 Provisions as to inspection. Art. 267 Power to make exemption orders. Art. 268 Further powers to exempt ships. Art. 269 Issue of exemption certificates. Art. 270 Duration and termination of exemptions, and endorsement and cancellation of exemption certificate. Art. 271 International Load Line Exemption Certificates. Art. 272 Subdivision load lines. Art. 273 Deck cargo. Art. 274 Application of articles 224, 227, 229 and 231 to load line certificates. Art. 275 Convention countries. Art. 276 Interpretation for purposes of load line provisions. Art. 277 Ship’s draught of water to be recorded.  Art. 278 Unseaworthy ship.  Art. 279 Offence to send unseaworthy ships to sea. Art. 280 Obligations as to seaworthiness in relation to the crew. Art. 281 Power to detain unsafe ships. Art. 282 References of detention notices to court of survey. Art. 283 Compensation in connection with invalid detention of ship. Art. 283A Liability for costs. Art. 283B Owner and master liable in respect of unsafe ship. Art. 283C Owner liable for unsafe operation of ship. Art. 284 Dangerous goods. Art. 285 Rules as to the carriage of dangerous goods.  Art. 286 Restrictions on carriage of dangerous goods.  Art. 287 Misdescription of dangerous goods.  Art. 288 Power to deal with goods suspected of being dangerous. Art. 289 Forfeiture of dangerous goods improperly sent or carried. Art. 290 Carriage of grain. Art. 291 Saving for other enactments relating to dangerous goods. Art. 292 Collision regulations. Art. 293 Observance of collision regulations. Art. 294 Inspections as to lights and signals. Art. 295 Duty of vessel to assist the other in case of collision. Art. 296 Collision to be entered in official log book.  Art. 297 Application of collision regulations beyond Maltese jurisdiction. Art. 298 General equipment of passenger ships. Art. 299 Placing of undue weight on safety valve.  Art. 300 Report of dangers to navigation. Art. 301 Signals of distress. Art. 302 Signalling lamps.  Art. 303 Method of giving helm orders.  Art. 304 Careful navigation near ice. Art. 305 Obligation to assist vessels in distress.  Art. 306 Duty to render assistance to persons in danger at sea.  Art. 307 Report of accidents to ships.  Art. 308 Notice of loss of Maltese ship. Art. 308A Prevention of pollution from ships. Art. 309 Definitions for purposes of this Part. Art. 310 Additional equipment for emigrant ships. Art. 311 Regulations with respect to emigrant ships. Art. 312 Shipping casualties. Art. 313 Preliminary inquiry into shipping casualty. Art. 314 Formal investigation as to shipping casualties. Art. 315 Procedure as to formal investigations. Art. 316 Other provisions as to reports. Art. 317 Where criminal proceedings are taken following a shipping casualty. Art. 318 Power of Minister to cancel certificates. Art. 319 Inquiry into conduct of certificated officer. Art. 320 Removal of master by Civil Court, First Hall. Art. 321 Power as to certificates of the court holding investigation or inquiry. Art. 322 Delivery of certificate cancelled or suspended. Art. 323 Power of Minister to restore certificate. Art. 324 Effects of cancellation or suspension of a certificate on recognition thereof.  Art. 325 Rehearing of investigations and inquiries. Art. 326 Constitution of court of survey. Art. 327 Powers and procedure of the court of survey. Art. 328 Reference in difficult cases to scientific referees. Art. 329 Power to make rules. Art. 330 Definition of "wreck" and "salvage". Art. 331 Receiver of wreck. Art. 332 Wreck found in Malta. Art. 333 Penalty for taking wreck at time of casualty.  Art. 334 Taking wreck to foreign port. Art. 335 Notice of wreck to be given by receiver. Art. 336 Claims of owners to wreck. Art. 337 Immediate sale of wreck in certain cases.  Art. 338 Unclaimed wreck. Art. 339 Power to remove wrecks. Art. 340 Extent of power of removal. Art. 341 Powers to be cumulative. Art. 342 Salvage for saving life. Art. 343 Salvage of cargo or wreck. Art. 344 Further provisions as to salvage. Art. 345 Determination of salvage. Art. 346 Detention of property liable for salvage.  Art. 347 Liability of shipowners. Art. 348 Exclusion of liability in certain cases. Art. 349 Limitation of liability in certain cases. Art. 350 Amount to which liability is limited. Art. 351 Limitation to apply to each distinct occasion. Art. 352 Cases where articles 349 and 350 do not apply. Art. 353 Extension of exclusion or limitation of liability. Art. 354 Unregistered ships and ships in the course of completion. Art. 355 Power of court to consolidate claims. Art. 356 Part owners to account in respect of damages. Art. 357 Release of ship. Art. 358 Restriction on enforcement after security is given. Art. 359 Meanings for the purposes of the following provisions. Art. 360 Rules as to division of loss. Art. 361 Damages for personal injuries. Art. 362 Right of contribution. Art. 363 Registrar-General. Art. 364 Registrars. Art. 365 Register. Art. 366 Instructions as to registry.  Art. 367 Surveyors of ships.  Art. 368 Powers of surveyors. Art. 369 Returns by surveyors to Registrar- General.  Art. 370 Jurisdiction of Civil Court, First Hall. Art. 371 Detention of ships.  Art. 371A Authority to give notice of prisoners on board merchant ships to magistrate. Art. 371C Power of magistrate to grant time for the production of the order. Art. 371E Magistrate may order person kept in custody to be taken to a public prison. Art. 371F Maintenance of person in prison. Art. 371G Period for which person may be kept in custody. Art. 371H Discharge of person kept in custody. Art. 371I Escape of person kept in custody. Art. 372 Offences by body of persons. Art. 372A Fixing and imposition of fines.  Art. 372B Enforcement of fines.  Art. 372C Value of unit. Art. 373 Application of Act by order to foreign ships. Art. 374 Power to make regulations etc. Art. 375 Ratification, etc., of certain treaties, etc., relating to merchant shipping.

Statutory Text (451 Articles)

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Preamble — MERCHANT SHIPPING ACT Open official source

MERCHANT SHIPPING

CHAPTER 234

MERCHANT SHIPPING ACT

To regulate merchant shipping.

6th April, 1973;

1st June, 1973;

13th August, 1974;

16th December, 1974;

8th November, 1986

ACT XI of 1973, as amended by Legal Notice No. 148 of 1975 and Acts: XI of 1977, XXXI of

1981, XIII of 1983, XXIV of 1986 and XXXVII of 1988; Legal Notices Nos. 37 of 1989 and 152

of 1989; Acts VIII and XXXVII of 1990, and XVII of 1991; Legal Notices Nos. 86 of 1993 and

125 of 1995; Acts XXIV of 1995 and XXII of 2000; Legal Notices 278 and 340 of 2002, and

361 of 2003; Acts XIII of 2004 and XIV of 2006; Legal Notices 181 of 2006, and 411 and 439

of 2007; by Resolution of the House of Representatives No. 329 of the 9th January, 2008; Acts

XV of 2009, and VII and VIII of 2010; Legal Notices 170 of 2011 and 83 of 2012; Acts XXVI of

2014 and II of 2015; and Legal Notice 210 of 2016, 127 of 2018 and 128 of 2018 and Act I of

2025. ARRANGEMENT OF ACT

Articles

Part I.

Preliminary

1-2

Part II.

Registry

3-84

Registration of Maltese Ships

3-5

Registration fees

6-9

Procedure for registration

10-18A

Certificate of registry

19-27

Closure of Registry

28-30

Transfer and Transmissions

32-37

Maritime Privileges and Mortgages

37A-49

Special Privileges

50-54A

Name of Ship

55-56

Registry of alteration, Registry anew and Transfer of

Registry

57-63

Declarations

64-65

Returns, Inspection of register, and Evidence

67-68

Forms

Forgery and false declarations

70-71

Flag and national character

72-76

Forfeiture of ship

Closure of registry

Measurements of ships and Tonnage

81-84

Part IIA.

Bareboat Charter Registration

84A-84Y

Part III.

Shipping Companies and other Organisations

84Z-88A

Part IV.

Masters and Seamen

89-206

Certificates of Competency

89-98

Masters

99-105

MERCHANT SHIPPING

Articles

Conditions for admission to employment

106-111

Engagement of seamen

112-122C

Certification of able seamen and ship’s cooks

123-124

Discharge of seamen

125-130

Payment of wages

131-137A

Rights of seamen in respect of wages

138-146

Power of Court to receive contracts

Accommodation, Provisions and Health

148-154

Facilities for making complaint

Deceased and distressed seamen and seamen left behind

156-168A

Provisions as to discipline

169-182

Stowaways and seamen carried under compulsion

184-189

Official Logs

190-194

Identity Cards

195-203

Application of Part IV

204-206

Part V.

Safety of Life at Sea

206A-308

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 1 — MERCHANT SHIPPING ACT Open official source

Construction and Equipment of Ships

207-249

Rules as to construction, equipment and safety

207-213

Declarations of survey

214-216

Certificates in respect of ships

217-231

Enforcement of Rules

232-241

Foreign Safety Convention Ships

242-246

Exemption from safety requirements, and

Interpretation

247-249

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

First Schedule — MERCHANT SHIPPING ACT Open official source

L.N. 37 of 1989; 

[Article 6]

L.N. 152 of 1989. 

Amended by: 

Registration Fees

L.N. 86 of 1993. 

Substituted by: 

L.N. 125 of 1995; 

L.N. 278 of 2002. 

Amended by: 

L.N. 340 of 2002; 

Substituted by: 

L.N. 411 of 2007; 

L.N. 439 of 2007; 

L.N. 170 of 2011. 

Amended by: 

L.N. 83 of 2012. 

L.N. 127 of 2018.

A. i. The fee on registration and the annual fee for non-tonnage tax ships shall

be as follows

Annual Fee

Ships

Fee on Registration

Basic Fee

Register Fee

(i)

Ships less than 24 metres length overall

a.

Fishing Vessel

€70

€25

€36

b.

Commercial Yacht

€115

€150

€250

c.

Pleasure Yacht less

than 50 gross

€115

€25

€175

tonnage

All other ships of less than 24 metres length overall

d.

less than 50 gross

€25

tonnage

€115

€400

e.

of 50 gross tonnage

€150

or more

Ships of 24 metres length overall or more

25 cents

40 cents

per net tonnage

per net tonnage

(ii) Pleasure Yacht

€255

subject to

subject to

minimum of €187.50

minimum of €400

€625 for

year of

Rates

(iii) Commercial Yacht which does

Rates

registration

as appear in para B

not fall under category (iv)

as appear in para B

€1095

thereafter

MERCHANT SHIPPING

(iv) Non-propelled Barge, bareboat

charter registered in a foreign

registry, laid up or under

€150

construction excluding ships in

Rates as appear in para B

Rates as appear in para B

category (ii)

subject to reduction as

subject to reduction as

appear in para C

appear in para C

(v) Commercial Vessel and

Fishing Vessel less than 2500 gross

€255

tonnage and do not fall under

category (ii), (iii) and (iv) above

(vi) All other ships of 24 metres length overall or more and do not fall under categories (ii), (iii), (iv) and

(v) above

€370 for

year of

a.

Ship less than 300 gross

registration

tonnage

€840

Rates as appear in para B

Rates as appear in para B

thereafter

subject to reduction or

subject to reduction as

increase as appear in para

€625 for

appear in para C

C

year of

b.

Ship of 300 gross

registration

tonnage or more

€1095

thereafter

A.ii.

The fee on registration and the annual fee for tonnage tax ships shall be as

follows

Annual Fee

Fee on

Ships

Registration

Basic Fee

Register Fee

Tonnage Tax

(i) Ships less than 24 metres length overall

a.

Commercial Yacht

€115

€150

€100

€250

b.

less than 50 gross tonnage

€25

€115

€350

€400

c.

of 50 gross tonnage or more

€150

(ii) Ships of 24 metres length overall or more

€625 for year

Rates

Rates

Rates

of registration

as appear in

a.

Commercial Yacht

as appear in para

as appear in

para B

€1095

B

para B

thereafter

MERCHANT SHIPPING

€370 for year

Rates as

of registration

b.

Ship less than 300 gross

Rates as

Rates as appear in

appear

in para

tonnage

€840

appear in para

para B subject to

B subject to

thereafter

B subject to

reduction or

reduction or

reduction as €625 for year increase as appear

increase as

appear in para of registration

in

c.

Ship of 300 gross tonnage or

appear in para

C

para C

more

€1095

C

thereafter

A.iii Subject to the provisions of article 7(4), when there is a change in the

particulars or category of a registered ship and the new applicable fee or tonnage tax

payable on registration or annually is higher than that already payable, the provisions of

article 19(7) in respect of laid up vessels shall, mutatis mutandis, apply.

B.

The rates per net tonnage payable on registration, annual register fee and

annual tonnage tax when referred to in paragraph A.i and A.ii

Ship of Net Tonnage (NT)

Annual

Annual

Register Fee

Annual

Fee on

Register Fee for

for non-

Tonnage

Not

Registration

tonnage tax

Exceeding

tonnage tax

Tax

Exceeding

ships

ships

6,250

€1562.50

€2,500

€500

€2,500

€2,500

€1562.50

€2,500

€500

plus 40

plus 25 cents for

plus 40 cents

plus 8 cents for

cents for

6,250

8,000

every NT

for every NT

every NT

every NT

in excess of

in excess of

in excess of

in excess of

6,250 NT

6,250 NT

6,250 NT

6,250 NT

€3,200

€2,000

€3,200

€640

plus 19

plus 7 cents for

plus 19 cents

plus 1 cent for

cents for

8,000

10,000

every NT

for every NT

every NT

every NT

in excess of

in excess of

in excess of

in excess of

8,000 NT

8,000 NT

8,000 NT

8,000 NT

€3,580

€2,140

€3,580

€660

plus 14

plus 7 cents for

plus 14 cents

plus 1 cent for

cents for

10,000

15,000

every NT

for every NT

every NT

every NT

in excess of

in excess of

in excess of

in excess of

10,000 NT

10,000 NT

10,000 NT

10,000 NT

€4,280

€2,490

€4,280

€710

plus 12

plus 7 cents for

plus 12 cents

plus 1 cent for

cents for

15,000

20,000

every NT

for every NT

every NT

every NT

in excess of

in excess of

in excess of

in excess of

15,000 NT

15,000 NT

15,000 NT

15,000 NT

€4,880

€2,840

€4,880

€760

plus 9 cents

plus 7 cents for

plus 9 cents

plus 1 cent for

for every

30,000

every NT

for every NT

every NT

NT

in excess of

in excess of

in excess of

in excess of

20,000 NT

20,000 NT

20,000 NT

20,000 NT

€5,780

€3,540

€5,780

€860

plus 7 cents

plus 7 cents for

plus 7 cents

plus 1 cent for

for every

50,000

every NT

for every NT

every NT

NT

in excess of

in excess of

in excess of

in excess of

30,000 NT

30,000 NT

30,000 NT

30,000 NT

€7,180

€4,940

€7,180

€1060

plus 5 cents

plus 7 cents for

plus 5 cents

plus 1 cent for

for every

Exceeding 50,000

every NT

for every NT

every NT

NT

in excess of

in excess of

in excess of

in excess of

50,000 NT

50,000 NT

50,000 NT

50,000 NT

Reduction or increase on the rates per net tonnage on registration, register

fee and tonnage tax when referred to in paragraph A.i or A.ii

Reduction or Increase on Register

Age of Ship

Reduction on

Fee

Equal to or

Fee on Registration

and Tonnage Tax

Less than

Exceeding

%

%

Years

– 30

– 15

–

–

+5

–

Subject to

–

+10

minimum

–

+25

increase

(compounded for

both register fee

and tonnage tax

Equal to or exceeding 30

–

+50

as applicable) of

€1,500

Annual fees for any one year paid after the anniversary of registration for

that year shall be increased by ten per cent.

Dues on any ship shall be rounded upwards to the nearest whole euro.

The Minister may, under such conditions as he may deem appropriate,

exempt any ship or any class of ships from the payment of all or part of the fees,

excluding the Annual Tonnage Tax payable in terms of this Schedule.

For the purposes of this Schedule

"age" in relation to a ship, means the difference between the year

in which the ship was built and the year in respect of which the

fee is due;

"commercial vessel" means a vessel granted a licence or permit to

operate in terms of the Commercial Vessels Regulations, and

which is valid;

"fishing vessel" means a vessel registered in the Fishing Vessels

Register in terms of the Fisheries Conservation and Management

Act;

"gross tonnage", "length overall" and "net tonnage" shall be that

as may be ascertained in terms of the tonnage regulations made

under this Act;

"laid up vessel" means a vessel which is not a pleasure yacht or a

commercial yacht and which qualifies as a laid up vessel in terms of

article 19(7);

"tonnage tax ship" shall have the same meaning as assigned to it

in the Merchant Shipping (Taxation and Other Matters Relating to

Shipping Organisations) Regulations.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 2 — MERCHANT SHIPPING ACT Open official source

Load Line and Loading

250-277

General Provisions

250-251

Maltese ships

252-260

Foreign ships

261-266

Exemptions

267-271

Subdivision load lines and deck cargo

272-273

Miscellaneous and supplementary provisions

274-276

Ships not subject to load line provisions

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Second Schedule — MERCHANT SHIPPING ACT Open official source

Substituted by :

XVII. 1991.82; 

[A RTICLE 69]

XXII. 2000.100.

DOCUMENTS TO BE IN THE FORM PRESCRIBED

BY THE MINISTER

Deleted by Act I.2025.100.

MERCHANT SHIPPING

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 3 — MERCHANT SHIPPING ACT Open official source

Unseaworthy Ships

278-283C

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Third Schedule — MERCHANT SHIPPING ACT Open official source

[A RTICLE 72]

NATIONAL COLOURS FOR MALTESE SHIPS

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 4 — MERCHANT SHIPPING ACT Open official source

Carriage of Dangerous Goods

284-291

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Fourth Schedule — MERCHANT SHIPPING ACT Open official source

[A RTICLE 195]

FORM OF MALTESE SEAMAN’S CARD

Deleted by Act I.2025.101.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 5 — MERCHANT SHIPPING ACT Open official source

Prevention of Collisions

292-297

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 6 — MERCHANT SHIPPING ACT Open official source

Miscellaneous Provisions

298-308

Part VA.

Prevention of Pollution From Ships

308A

Part VI.

Emigrant Ships

309-311

Part VII.

Special Shipping Inquiries and Courts

312-329

Inquiries and investigations as to shipping casualties

312-317

Provisions as to certified officers

318-324

Rehearing of investigations and inquiries

Court of survey

326-328

Rules

Part VIII.

Wreck and Salvage

330-346

MERCHANT SHIPPING

Articles

Vessels in distress

330-334

Dealing with wreck

335-338

Removal of wrecks

339-341

Salvage

342-346

Part IX.

Liability of Shipowners

347-362

Liability and limitation thereof

347-358

Apportionment of liability

359-362

Part X.

General Provisions

363-374

Registrar-General and registrars

363-366

Surveyors of ships

367-369

Jurisdiction and proceedings

370-372C

Application of Act to Foreign Ships by Order

Regulations, Rules and Orders

374-375

SCHEDULES

First Schedule

Registration fees

Second Schedule

Documents to be in the form prescribed by the Minister

Third Schedule

National Colours of Maltese Ships

Fourth Schedule

Form of Maltese Seaman’s Card

Fifth Schedule

Declaration in lieu of tax return in respect of a company

owning and, or, operating an exempted ship.

PART I

PRELIMINARY

1. The short title of this Act is Merchant Shipping Act.

2. (1) In this Act, unless the context otherwise requires or it

is otherwise expressly provided -

"approved jurisdiction" means any member country of the

Organisation for Economic Cooperation and Development and any

other country approved for the purposes of this Act by the Minister

by notice;

" A u t h o r i t y " m e a n s t h e A u t h o r i t y f o r Tr a n s p o r t i n M a l t a

established by the Authority for Transport in Malta Act;

"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;

"clearance" includes a transire;

"cargo ship" means every ship which is not a passenger ship, a

fishing vessel or a pleasure yacht;

"collision regulations" means the regulations made under article

292;

"company" means a limited liability company;

"consular officer" when used in relation to Malta, means the

diplomatic or consular representative of the Government of Malta

or a person serving in a diplomatic, consular or other foreign

service of any country which, by arrangement with the Government

of Malta, has undertaken to represent that Government’s interest;

and when used in relation to any other country, means the officer

recognised by the Government of Malta as a consular officer of the

country;

"court of survey" means the court established by article 326;

"crew accommodation" includes sleeping rooms, mess rooms,

sanitary accommodation, hospital accommodation, recreation

accommodation, store rooms and catering accommodation provided

for the use of seamen and apprentices, not being accommodation

which is also used by, or provided for the use of, passengers;

"effects" in relation to persons, includes clothes and documents

belonging to such persons;

"Gazette" means the Malta Government Gazette;

"law" includes any instrument having the force of law;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta;

"master" includes every person (except a pilot) having command

or charge of a ship;

"Minister" means the Minister responsible for shipping and

includes any person acting under his authority;

"month" means calendar month;

"name" in relation to a person, includes surname;

"Organisation for Economic Cooperation and Development"

means the Organisation for Economic Cooperation and

Development established in 1961 under the Convention on the

Organisation for Economic Cooperation and Development;

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

(a) persons employed or engaged in any capacity on board

the ship on the business of the ship;

(b) a person on board the ship either in pursuance of the

obligation laid upon the master to carry shipwrecked,

distressed or other persons, or by reason of any

circumstances that neither the master nor the owner

could have prevented or forestalled; and

(c) a child under the age of one year;

"passenger ship" means any ship which carries more than twelve

passengers;

"person" includes a body of persons;

"pilot" means any person not belonging to a ship who has the

conduct thereof;

"prescribed" means prescribed by regulations, rules, orders or

instructions under this Act;

"proper officer" means an officer authorised in that behalf by the

Minister or other appropriate authority;

"proper return port" means either the port at which a seaman or

an apprentice was shipped or a port in the country to which he

belo ngs or som e o ther p ort ag reed to by t he seaman or the

apprentice;

"radio navigation aid" means radio apparatus on board a ship

being apparatus designed for the purpose of determining the

position or direction of ships or other objects;

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

article 365;

"registered" means registered under this Act;

"registrar" means a person appointed as registrar under article

364, and includes any person acting under his authority with the

permission of the Registrar-General;

"Registrar-General" means the Registrar-General of Shipping

and Seamen as provided in article 363, and includes any person

acting under his authority;

"seaman" includes every person (except masters, pilots and

apprentices) employed or engaged in any capacity on board a ship;

"ship" means every description of vessel used in navigation,

whether self propelled or not, and it includes barges, pontoons,

floating establishments, installations or structures, oil rigs and

other similar vessels, and for those parts of the Act wherever

applicable it shall also include a ship under construction;

"shipping master" means an officer in the office of the Registrar-

General designated by the Minister to perform the functions of

shipping master under this Act and, whether such an officer has or

has not been so designated, includes the Registrar-General;

"surveyor of ships" and "surveyor" means a person appointed as

a surveyor of ships under article 367;

"tonnage regulations" means the regulations for ascertaining the

tonnage of a ship made under article 81;

"vessel" includes any ship or boat, or any other description of

vessel used in navigation;

"wages" includes emoluments.

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

owner, or any other person representing the ship shall be deemed to

have been duly received and notified if sent by electronic mail.

PART II

REGISTRY

Registration of Maltese ships

3. (1) No ship, other than a ship exempted from registry, or a

ship referred to in sub-article (7), shall enjoy the rights and

privileges of a Maltese ship or be recognised as a Maltese ship

unless such ship is registered under this Act.

(2) Ships registered under the Authority for Transport in Malta

Act not exceeding twenty-four metres in length shall be exempted

from registry, and such ships, if not registered elsewhere and if

owned wholly by persons habitually resident in Malta or by bodies

corporate established under and subject to the laws of Malta and

having their principal place of business in Malta, shall also be

deemed to be Maltese ships

Provided that ships of a length of six metres or over not

employed solely in navigation on the coasts of Malta shall not be

exempted from registry.

(3) It shall be lawful to register any ship which is being built or

equipped and that when built or equipped will be a ship registrable

under this Act.

(4)

Pending completion the ship may be assigned an official

number and a name.

(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.

(6)

The requirements of this Act -

(a) relating to survey and safety of ships already built

(b) relating to the declaration of ownership of a ship under

construction where the builders thereof have not yet

affected delivery to the owners, and

(c) relating to a bill of sale in respect of a sale of a ship

under construction,

shall be suspended under such conditions as the Registrar-General

may impose, until the construction or equipping of the ship is

completed or until delivery has been made, as the case may be.

(7) Notwithstanding any other provision of this Act, ships

under six metres in length shall not be registrable under this Act.

(8) No ship shall be registered otherwise than by or with the

express permission of the Registrar-General if the completion of

her first construction occurred more than twenty years before the

commencement of the year in which application for registration is

first made under this Act, and the Registrar-General may allow the

registration, or refuse to allow the registration of, any such ship

Provided that the Minister may, in any case, direct the

Registrar-General, not to register any ship irrespective of its age in

respect of which an application for registration has been made, if in

the Minister ’s opinion it would be detrimental to the national

interest of Malta or the interest of Maltese shipping for the ship to

be registered.

4. (1) A ship shall not be eligible to be registered under this

Act unless owned wholly by persons of the following description

(in this Act referred to as persons qualified to own a Maltese ship),

namely -

(a) citizens of Malta;

(b) bodies corporate established under and subject to the

laws of Malta having their principal place of business

in Malta or having a place of business in Malta and

satisfying the Minister that they can and will ensure

due observance of the laws of Malta relating to

merchant shipping;

(c) such other persons as the Minister may, by regulations,

prescribe,

and, saving any other provision of this Act, if a registered ship

ceases to be owned wholly by persons qualified to own a Maltese

ship, such ship shall cease to be a Maltese ship.

(2)

Notwithstanding the provisions of this article, regulations

made under sub-article (1)(c) may, in particular -

(a) prescribe the extent of the ownership of a ship or class

of ships eligible to be registered under this Act; and

(b) prescribe other conditions in conjunction with the

requisite ownership for ships eligible to be registered

under this Act.

(3) A body corporate shall be deemed to satisfy the Minister as

required by sub-article (1)(b) unless the Minister has made a

d e c l a r a t i o n t o t h e c o n t r a r y ; a n d t h e M i n i s t e r m a y, b e f o r e

withdrawing such declaration, impose such conditions as he may

deem fit in the circumstances that may include the provision of a

guarantee or a bond.

(4) For the purposes of sub-article (1)(b) the Minister may, by

regulations, establish such other conditions as he may deem

expedient in order to ensure the proper application of this Act, and

the due observance of the laws of Malta relating to merchant

shipping.

5. The home port of every ship registered under this Act shall

be Valletta, and the name of the home port shall be shown on any

certificate of registry issued under article 19.

Registration Fees

6. (1) There shall be levied in respect of the registration of a

ship under this Act the fee on first registration and the annual fee

specified in the First Schedule to this Act.

(2) The Minister may with the concurrence of the Minister

responsible for finance, by regulations amend, add to, vary, revoke

or substitute the First Schedule to this Act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 7 Payment of fees. — MERCHANT SHIPPING ACT Open official source

(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

Provided that if the registrar is requested to give a service

in respect of a ship prior to such ship being registered under this

Act, the registrar may grant such service on payment of an amount

equivalent to ten per cent of the first registration fee payable in

terms of article 6 of the Act

Provided further that if the ship is registered within one

year from such service being given, such an amount paid shall be

deducted from the fee due on first registration.

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

of the first registration.

(3) Notwithstanding that the ship remains on the register under

this Act, no registry fees shall be payable unless and until a

certificate of registry or a deletion certificate, as the case may be, is

issued under this Act

Provided that in no case may a certificate of registry be

issued as of a date later than the date of expiry of the last valid

certificate of registry, and should a certificate of registry or a

deletion certificate be delivered at a later date, the fees due shall

still accrue from the date of expiry of the last valid certificate of

registry

Provided further that should a deletion certificate be issued

on closure of registry in terms of article 28A, no registry fees shall

be payable on the issue of such a deletion certificate.

(4) The fees specified in sub-article (1) are paid on the basis of

the tonnage declared by the 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 article 14 upon receipt of such certificate by the registrar.

(5) Fees on first registration and annual fees shall not be

subject to abatement or refund save as provided for in this Act, or

in accordance with regulations which may be made by the Minister.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 8 Collection of fees. — MERCHANT SHIPPING ACT Open official source

All registrars are charged with the collection of registration

fees due under this Act and with the issue of receipts therefor.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 9 Default of payment. — MERCHANT SHIPPING ACT Open official source

A registrar is entitled to demand payment of any

outstanding 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 shall

always be entitled, on payment of such fee as may be prescribed, to

official documentary evidence as to the status of his mortgage in

the register of any ship.

Procedure for registration

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 10 Application for registry.  — MERCHANT SHIPPING ACT Open official source

An application for registry of a ship, whether provisional

or otherwise, shall contain such information, details and documents

as may be required by the registrar, and shall be made, in the case

of individuals by the person requiring to be registered as owner or

by some one or more of the persons so requiring if more than one,

or by his or their agent, and in the case of bodies corporate by their

agent; and the authority of the agent 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 person or

perso ns au tho ri sed t o a uth enti cate docu men ts f or t he b ody

corporate.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 11 Declaration of ownership. — MERCHANT SHIPPING ACT Open official source

A person shall not be entitled to be registered as owner of a

ship or of a share therein until he, or in the case of a body corporate

the person authorised by this Act to make declarations on behalf of

the body corporate, has made and signed a declaration of ownership

referring to the ship as described in the application referred to in

article 10 and containing the following particulars

(a) a statement of his qualification to own a Maltese ship

or, in the case of a body corporate, of such

circumstances as prove it to be qualified to own a

Maltese ship;

(b) a statement of the time and place where the ship was

built or if these are not known, a statement that the

declarant does not know the time and place of her

building;

(c) a statement of the extent to which he or the body

corporate, as the case may be, is entitled to be

registered as owner;

(d) a declaration that to the best of his knowledge and

belief no unqualified person or body of persons is

entitled as owner to any interest in the ship or any

share therein; and

(e) a declaration as to what registered encumbrances, if

any, exist on the ship.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 12 Provisional registration. — MERCHANT SHIPPING ACT Open official source

Upon receipt of an application for registry, whether

provisional or otherwise, made in accordance with article 10

accompanied by a declaration of ownership as required by article

11, and upon the payment of the fees specified in this Act or any

regulations made thereunder, the registrar may, subject to such

conditions as he may deem proper, provisionally register the ship as

a Maltese ship for six months provided the applicant for registry

has furnished evidence satisfactory to the Registrar-General that

(a) the ship is either a vessel being built or equipped, or if

already built is seaworthy; and

(b) where required the registered owner has satisfied such

conditions as may be established in accordance with

the provisions of article 4(3);

Provided that the registrar may, on good cause being

shown, renew the provisional registry of a ship for a further period

of, or further periods not exceeding in the aggregate, six months

Provided further that, notwithstanding the provisions of this

article, the registrar may, prior to the provisional registration of a

ship, require such ship to be inspected by an appropriate inspector

or a surveyor of ships.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 13 Documents and evidence after provisional registration. — MERCHANT SHIPPING ACT Open official source

(1) Within one month of provisional registry, extendable

for good reason for another period of two months, the owner shall,

unless the ship is otherwise exempted, produce to the registrar the

following documents and evidence

(a) a builder’s certificate, that is to say a certificate signed

by the builder of the ship (which expression includes

such person as the Registrar-General recognises as

carrying on the business of the builder of a ship) and

containing true account of the proper denomination

and of the tonnage of the ship as estimated by him, and

of the time when and the place where she was built,

and of the name of the person (if any) on whose

account the ship was built or, if there has been any

sale, the bill of sale or other document under which the

ship or a share therein was transferred to the applicant

for registry

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) evidence satisfactory to the registrar, or as may be

prescribed by the Minister, that any foreign certificate

of registry of the ship, or equivalent documents, has

been legally cancelled or the registry has been duly

closed

Provided that the Minister may, in such

circumstances as he may deem appropriate, direct that

no such certificate shall be required where the owner

has attempted to obtain such certificate but due to

reasons beyond the control of the owner inordinate

delay has occurred. The Minister may give any

direction as to the production of such other documents

as he deems fit.

(2) Within six months of provisional registry, extendable for

good reason for a further period of, or further periods not exceeding

in the aggregate, six months, the owner shall, unless the ship is

otherwise exempted, produce to the registrar the following

documents and evidence

(a) proof that the ship has been issued with such valid

certificates required by international conventions

(including protocols, annexes and appendices thereto)

which have been ratified or acceded to or accepted by

the Government of Malta;

(b) certificate of survey issued in terms of article 14 and a

copy of the tonnage measurement certificate

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.

(c) a carving and marking note issued in accordance with

article 15 or evidence satisfactory to the registrar that

the vessel has been marked in accordance with article

Liġijiet ta' Malta — Kapitolu 234 — ATT DWAR IL-BASTIMENTI MERKANTILI

Art. 14 Spezzjon u kejl ta’ bastiment. Sostitwit: XXXVII. 1988.9. — ATT DWAR IL-BASTIMENTI MERKANTILI Open official source

(1) Qabel ma jiġi reġistrat, kull bastiment għandu jiġi

spezzjonat minn surveyor tal-bastimenti u t-tunnellaġġ tiegħu jiġi

stabbilit skont ir-regolamenti dwar it-tunnellaġġ skont dan l-Att.

(2) Is-surveyor għandu fiċ-ċertifikat tiegħu jispeċifika t-

tunnellaġġ u kif hu mibni l-bastiment u dawk il-partikolaritajiet l-

oħra li jiddeskrivu l-identità tal-bastiment li l-Ministru jista’ minn

żmien għal żmien jeħtieġ, u għandu jiċċertifika li t-tunnellaġġ ikun

ġie stabbilit skont ir-regolamenti dwar it-tunnellaġġ ta’ dan l-Att.

(3) Iċ-ċertifikat tas-surveyor u kopja taċ-ċertifikat ta’

tunnellaġġ għandhom jiġu konsenjati lir-reġistratur qabel ir-

reġistrazzjoni.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 15 — MERCHANT SHIPPING ACT Open official source

14. (1) Every ship shall before registry be surveyed by a

surveyor of ships and her tonnage ascertained in accordance with

the tonnage regulations of this Act.

(2) The surveyor shall in his certificate specify the ship’s

tonnage and build and such other particulars descriptive of the

identity of the ship as may from time to time be required by the

Minister, and shall certify that the tonnage has been ascertained in

accordance with the tonnage regulations of this Act.

(3) The surveyor’s certificate and the copy of the tonnage

certificate shall be delivered to the registrar before registry.

15. (1) Every ship shall before registry be marked

permanently and conspicuously to the satisfaction of the registrar

as follows

(a) her name shall be marked on each of her bows and her

name and the name of the home port shall be marked

on her stern, on a dark ground in white or yellow

letters or on a light ground in black letters, such letters

to be of a length of not less than ten centimetres and of

proportionate breadth;

(b) her official number and the number denoting her

registered tonnage shall be cut in on her main beam;

and

(c) her International Maritime Organization (IMO)

Identification Number, where applicable, shall be marked

in accordance to the Safety Convention; and

(d) her draught shall be marked in accordance to the Load

Line Convention.

(2) The Registrar-General may exempt any class of ships from

all or any of the requirements of this article under such conditions

as he may deem appropriate.

(3) If the scale showing the ship’s draught of water is in any

respect inaccurate so as to be likely to mislead, the owner of the

ship shall be liable to a fine (multa) not exceeding one hundred

units.

(4) The marks required by this article shall be permanently

continued and no alteration shall be made therein except in the

event of any of the particulars thereby denoted being altered in the

manner provided by this Act.

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

marked as required by this article, or if any person conceals,

removes, alters, defaces or obliterates, or suffers any person under

his control to conceal, remove, alter, deface or obliterate any of the

said marks, except in the event aforesaid, or except for the purpose

of escaping capture by an enemy, that owner, master or person shall

for each offence be liable to a fine (multa) not exceeding one

hundred units, and, on a certificate from a surveyor of ships that a

ship is insufficiently or inaccurately marked, the ship may be

detained until the insufficiency or inaccuracy has been remedied.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 16 Compliance with the requirements of this Act.  — MERCHANT SHIPPING ACT Open official source

(1) Saving any provision with regard to ships being built,

rebuilt or equipped, all ships provisionally registered under this Act

s h a l l c o m p l y, e x c e p t w h e r e e x p r e s s l y e x e m p t e d , w i t h t h e

requirements of this Act within the periods specified in this Act,

and in any case, within a maximum period of twelve months of the

date of provisional registration and thereafter shall observe such

requirements that are laid down in the Act or in any regulations

made thereunder

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.

(2) Any person who fails to observe the requirements of this

Act within the time limits specified in a notice in writing served by

the registrar upon the owner shall be liable to a penalty of fifty

units per month or part thereof for each violation and any ship not

complying with the requirements of provisional registry within a

maximum period of twelve months shall be liable to a penalty of

two hundred units per month or part thereof and in these cases the

registrar may take steps to cancel such ship in accordance with this

Act.

(3) The registrar may not re-register any ship, provisionally or

otherwise, prior to the payment of all penalties previously incurred

and unless satisfactory evidence is supplied to the registrar that the

ship has been registered in a foreign register the penalties for the

intervening period shall also be collected.

(4) It shall be the obligation of the owner throughout the whole

period of registry, whether provisional or otherwise, to notify the

reg istrar of any ch anges whi ch m i ght hav e o ccurred in th e

intervening period since registry, to the information contained in

any certificates and evidence produced before registry.

(5) The registrar may refuse to register provisionally a ship

more than three times in succession even in the name of different

owners, and shall refuse to consecutively register provisionally a

ship more than two times in the name of the same owner.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 17 Entry of particulars in register. — MERCHANT SHIPPING ACT Open official source

(1) As soon as the requirements of this Act preliminary to

registry whether provisional or otherwise, have been complied

w it h, t he re gis t ra r s ha l l e nt e r in t he re g ist e r th e f ol lo w i ng

particulars respecting the ship

(a) the name of the ship;

(b) the details comprised in the surveyor’s certificate

where applicable;

(c) the particulars respecting her origin stated in the

declaration of ownership;

(d) the name and description of her registered owner or

owners and, if there are more owners than one, the

proportions in which they are interested in her;

(e) any registered encumberances that may come to the

knowledge of the registrar;

(f)

the details of any mandate or power of attorney,

irrevocable or otherwise in a separate document or as

part of an agreement between the parties, granted by

way of security to the mortgagee, or to a third party for

the mortgagee’s benefit, granting powers relating to

the exercise of rights relating to the vessel or the

closure of the register on behalf of the registered

owner or grantor, where he is not the registered owner.

(2) Where a mortgagor has issued a mandate or power of

attorney, whether irrevocable or otherwise, and whether in a

separate document or within an agreement between the parties, and

has submitted such mandate or power of attorney for registration to

the registrar, such power of attorney shall be registered in the

register of the ship to which it refers.

(3) The registrar shall register any notice of cancellation or

release of such mandate or power of attorney from the registry at

the request of the party authorised under the power of attorney or of

the person for whose benefit it has been granted. In the event that a

mandate or power of attorney is granted for a stated period of time

after which it shall lapse, such date shall also be recorded in the

register and the registration of the mandate shall have no effect

after such date.

(4) The registrar and other administrative authorities shall

support and co-operate with the authorised party in the exercise of

the powers specified in any mandate or power of attorney entered

in the register; provided that in so far as relates to powers granted

for the benefit of holders of mortgages registered prior to the

coming into force of this article, such assistance shall be granted

even if the mandate or power of attorney is not recorded in the

register and this upon the authorities being satisfied of the

authenticity of the mandate.

(5) It shall be lawful for all holders of existing mortgages to

submit for registration, at their option, any mandate or power of

attorney they have received in their favour and which falls within

the scope of this article and the registrar shall act accordingly.

(6) The registrar shall not be bound in any manner by any

written notice from the grantor of revocation of such a mandate or

power of attorney which is stated to be irrevocable and shall not be

liable in any manner for acting upon the basis of a mandate or

power of attorney issued in accordance with this article.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 18 Documents to be retained by registrar. — MERCHANT SHIPPING ACT Open official source

On the registry of a ship, the registrar shall retain in his

possession the surveyor ’s certificate, a copy of the builder ’s

certificate, a copy of the last bill of sale previously made and all

declarations of ownership. Electronic copies of documents to be

retained shall suffice.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 18A Ship’s managing owner to be registered. — MERCHANT SHIPPING ACT Open official source

(1) The registrar may require such particulars, as he may

deem proper, of the managing owner for the time being of a ship

registered under this Act, to be registered with him.

(2) Where there is not a managing owner, there shall be

registered the particulars of such other person to whom the

management of the ship is entrusted by or on behalf of the owner,

and any person whose particulars are so registered shall, for the

purposes of this Act, be under the same obligations and subject to

the same liabilities in respect of any act performed or omitted to be

performed by him as if such act were performed or omitted to be

performed by the managing owner.

Certificate of Registry

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 19 Certificates of registry, provisional or other.  — MERCHANT SHIPPING ACT Open official source

(1) On completion of the provisional registry of a ship the

registrar shall, subject to such conditions as he may deem proper,

grant a provisional certificate of registry

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

possession of valid certificates required by international

conventions (including protocols, annexes and appendices thereto)

w h i c h h av e b e e n r a t i f i e d o r a cc e d ed t o o r a cc e p t ed b y t h e

Government of Malta and such other certificates as the Minister

may by regulations prescribe, the registrar shall grant a non-

operational provisional certificate

Provided further that unless the requirements for registry

have been completed 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 under tow.

(2) On completion of registry of a ship the registrar shall grant

a certificate of registry

Provided that, unless otherwise exempted, if the ship is not

in possession of valid certificates required by international

conventions (including protocols, annexes and appendices thereto)

w h i c h h av e b e e n r a t i f i e d o r a cc e d ed t o o r a cc e p t ed b y t h e

Government of Malta and such other certificates as the Minister

may by regulations prescribe, the registrar shall issue a non-

operational certificate of registry

Provided further that if the requirements for registry have

been completed the registrar shall also issue a non-operational

certificate of registry to any laid up ship qualifying for special

treatment under this Act, or to a ship under tow.

(3) The period of validity of a certificate of registry shall be as

follows

(a) if issued within the first twelve months of provisional

registry for the remaining period of the said twelve

months; or

(b) if issued at the expiry of the first twelve months for a

period of twelve months

Provided that the registrar, at the request of the owner and

on payment of the relative annual fees, may issue a certificate of

registry for the combined period of the periods specified in

paragraphs (a) and (b) hereof, so however that the fee specified for

the subsequent period of twelve months shall be refunded if the

registry of the ship is closed prior to the commencement of such

period

Provided further, that for ships of 500 gross tonnage and

over, if the certificate of registry is issued at the expiry of the first

twelve months, it may be valid for a maximum period not

exceeding five years.

(4) Thereafter, all certificates of registry shall be issued for a

period of twelve months provided that within a period of three

months prior to the expiry of such certificate, the registrar, upon the

payment of the annual fee, shall issue a renewal certificate of

registry in the prescribed form

Provided that for ships of 500 gross tonnage and over, all

certificates of registry or the respective renewal certificates of

registry may be valid for a maximum period of five years.

(5) No certificate may be issued, except in cases of loss or

destruction of a certificate, other than on the return o f the

certificate currently being held by the owner or at the discretion of

the registrar, upon the issue of an undertaking by the owner to

return the certificate within a maximum period of one month.

(6) A certificate of registry, whether provisional or otherwise,

issued to a ship in terms of the provisions of this article, may be

issued subject to such conditions as the registrar may deem proper

and shall include the name and official number of the vessel and

such particulars, if any, as the registrar may deem proper showing

the port of Valletta as the port to which she belongs.

* (7)

For the purpose of this article a laid up vessel shall qualify

for special treatment under this Act or any regulations made

thereunder if -

(a) the registered owner makes a declaration to the effect

that the ship is laid up and shall remain laid up for a

period of not less than twelve months; and

(b) evidence satisfactory to the registrar is produced to the

*This sub-article is not yet in force as far as its applicability to articles 37A, 37B, 37C

and 37D is concerned.

effect that the ship is laid up certifying the location

where the ship lies

Provided that should the ship be reactivated within six

months from the date of the declaration specified in paragraph (a)

hereof, the ship shall be deemed not to have been laid up, and the

fees payable in accordance with article 7 shall become due in full

from the date of the declaration

Provided further that should the ship be reactivated after

the lapse of six months from the date of declaration specified in

paragraph (a) hereof the fees payable under article 7 shall be

payable from the lapse of the initial six months

Provided further that where a declaration specified in

paragraph (a) hereof is made on a date after the annual fee becomes

due, the difference in the fees payable had the declaration been

made on or before the date on which the annual fee becomes due,

will be deducted only upon the payment of the next annual fee.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 19A Certificate of registry in the name of the charterer. — MERCHANT SHIPPING ACT Open official source

Where a ship registered under this Part of this Act is being

operated under charter or is leased in any year in respect of which

the charterer or the lessee shall have paid to a registrar an amount

equal to the annual registration fee for that year in addition to that

paid by the owner, and such ship is not bareboat charter registered

in a foreign registry, the Registrar-General, on submission of an

application made by such charterer or the lessee accompanied by a

copy of the charter agreement or the lease agreement and the

consent in writing of the owners of the ship and all registered

mortgagees may, subject to such conditions as he may deem proper,

authorise the issue of a certificate of registry, whether provisional

or otherwise, in the name of such charterer or lessee instead of in

the name of the registered owner. The copy of the charter or the

lease agreement presented with the application shall not be

available for public inspection.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 19B Certificate issued in the name of the charterer or lessee. — MERCHANT SHIPPING ACT Open official source

At any time during the period of when a certificate is

issued in the name of the charterer or lessee, the registered owner

and the registered mortgagee may withdraw their consent for the

certificate to be issued in the name of the charterer or the lessee and

upon doing so, the certificate will cease to have effect. The

charterer or lessee shall forthwith surrender the said certificate. The

Registrar shall inform/notify the owner and the mortgagee as the

case may be.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 20 Custody of certificate. — MERCHANT SHIPPING ACT Open official source

(1) Any certificate of registry shall be used only for the

lawful navigation of the ship and shall not be subject to detention

by reason of any title, lien, charge or interest whatever had or

claimed by any owner, mortgagee, or other person to, on or in the

ship.

(2) Except as otherwise authorised or prescribed by or under

this Act, no person, whether interested in the ship or not, shall

refuse on request to deliver up any certificate of registry when in

his possession or under his control to the person entitled to the

custody thereof for the purposes of the lawful navigation of the

ship, or to any registrar or other person entitled by law to require

such delivery; and any person so refusing shall, unless it is shown

that there was reasonable cause for such refusal, be liable to a fine

(multa) not exceeding one hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 21 Penalty for use of improper certificate. — MERCHANT SHIPPING ACT Open official source

If the master or owner of a ship uses or attempts to use for

her navigation any certificate of registry not legally granted in

r e s p e c t o f t h e s h i p , h e s h a l l f o r e a c h o ff e n c e b e l i a b l e t o

imprisonment for a period not exceeding two years or to a fine

( multa) n o t e x c e e d i n g f i v e h u n d r e d u n i t s , o r t o b o t h s u c h

imprisonment and fine; and the ship shall be liable to forfeiture

under this Act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 22 Power to grant new certificate. — MERCHANT SHIPPING ACT Open official source

The registrar may, with the approval of the Registrar-

General, on the delivery up to him of any certificate of registry of a

ship, grant a new certificate in lieu thereof.

12.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 23 Provision for loss of certificate. — MERCHANT SHIPPING ACT Open official source

In the event of any certificate of registry of a ship being

mislaid, lost, destroyed or otherwise not recoverable, the registrar

shall grant a new certificate of registry in lieu of the original

certificate.

12.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 24 Endorsement of change of master on certificate. — MERCHANT SHIPPING ACT Open official source

Repealed by article 14 of Act XXXVII of 1988.

25. Deleted by I.2025.10.

Liġijiet ta' Malta — Kapitolu 234 — ATT DWAR IL-BASTIMENTI MERKANTILI

Art. 25 Kontrosenja ta’ bdil ta’ proprjetarju fuq ċertifikat. Emendat: XXXVII.1988.4;14; XXXVII. 1990.7; XXII. 2000.2. — ATT DWAR IL-BASTIMENTI MERKANTILI Open official source

Imħassar bl-Att I.2025.10.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 26 Delivery up of certificate of ship lost or ceasing to be Maltese. — MERCHANT SHIPPING ACT Open official source

(1) In the event of a registered ship whether provisionally

or otherwise, being either actually or constructively lost, taken by

the enemy, burnt or broken up, or ceasing, whether by reason of

transfer to persons not qualified to own a Maltese ship or for any

other reason, to be a Maltese ship, every owner of the ship shall,

immediately on obtaining knowledge of the event, give notice

thereof to the registrar, unless the registrar has already been give

notice of the event or is otherwise already aware of it

Provided that no transfer of a Maltese ship may take place

in favour of persons who are not qualified to own a Maltese ship,

unless there is produced to the registrar, the consent in writing of

all the mortgagees whose mortgages are duly registered in respect

of the ship, saving where the transfer is made pursuant to an order

or with the approval of a competent court.

(2)

Deleted by I.2025.11.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 26A Suspension of certificate of registry. — MERCHANT SHIPPING ACT Open official source

Where under any of the provisions of this Act a certificate

of registry of a Maltese ship, whether provisional or otherwise, is

suspended, the person by whom the suspension is made shall give

to, or cause to be served on, the master or the owner of the ship a

written notice of the suspension, and thereupon the ship shall not

proceed to sea.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 26B Non-operational certificate of registry. — MERCHANT SHIPPING ACT Open official source

Where under any of the provisions of this Act a non-

operational certificate of registry, whether provisional or otherwise,

is issued, the ship shall not proceed to sea unless authorized by the

Registrar for the purpose of sea trials.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 26C Penalties. — MERCHANT SHIPPING ACT Open official source

If any person sends or attempts to send, or is a party to

sending or attempting to send, a ship to sea in contravention of the

provisions of articles 26A and 26B, he shall be liable in respect of

each offence to imprisonment for a period not exceeding two years

or to a fine (multa) not exceeding one thousand units or to both

such imprisonment and fine (multa).

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 27 Validity of certificate of registry. — MERCHANT SHIPPING ACT Open official source

(1) A certificate of registry, whether provisional or

otherwise, shall cease to have effect

(a) on the expiry of its validity date;

(b) on its suspension in accordance with the provisions of

this Act;

(c) on its substitution by another certificate issued in

accordance with the provisions of this Act;

(d) on closure of registry in accordance with the

provisions of this Act; or

(e) on failure of payment of the relevant fees.

(2) Subject to the provisions of this Act, upon a certificate of

registry, whether provisional or otherwise, ceasing to have effect

the owner or the master shall forthwith forward this certificate to

the registrar or, in case a certificate is suspended in terms of article

26A, to the registrar or a Maltese consular officer.

(3) If any such person as aforesaid fails without reasonable

cause to deliver up the certificate as required by this article, he

shall be liable to a fine (multa) of one hundred units.

Closure of Registry

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 28 Voluntary closure of registry. — MERCHANT SHIPPING ACT Open official source

(1) Where the owner of a Maltese ship desires to close the

register of a ship he shall make an application to that effect to the

registrar, giving all such particulars and information as the registrar

may require for the purpose.

(2) The registrar may refuse such application if all liabilities

and obligations in respect of the ship towards the Authority, the

Government of Malta and any body corporate established by law,

whether for fees, charges, fines or otherwise have not been paid,

and shall refuse such application unless the consent in writing of all

mortgagees whose mortgage is duly registered in respect of the ship

is produced to him.

(3) Where any such application is acceded to the registrar shall

make an entry thereof in the register and thereupon the ship shall

cease to be a Maltese ship and the registry of the ship shall be

considered as closed except so far as relates to any unsatisfied

MERCHANT SHIPPING

mortgages or privileges entered therein.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 28A Closure of registry on sale of ship pursuant to court sale or sale by mortgagee in possession. — MERCHANT SHIPPING ACT Open official source

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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 29 Power to order or direct closure of registry. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may order that a ship shall cease to be

registered if it is in the national interest or in the interest of Maltese

shipping.

(2)

The Registrar-General may direct that a ship shall cease

to be registered in the following cases

(a) if the annual fee has not been duly paid in accordance

with this Act;

(b) if the formalities specified in article 13 are not

complied with within the maximum periods therein

specified;

(c) if in the event of a registered ship being either actually

or constructively lost, taken by the enemy, burnt or

broken up, or ceasing, whether by reason of a transfer

to persons not qualified to own a Maltese ship or for

any other reason, to be a Maltese ship;

(d) if the owner fails to observe the provisions of this Act;

(e) if it is established that the ship will not or cannot be

registered under this Act;

(f)

if, where required, any conditions established by the

Minister in accordance with article 4(4) are not

observed for a period in excess of one month;

(g) if the owner fails to pay any fine imposed under this

Act, or fails to pay any penalty within one month of

their being demanded in writing by the registrar; or

(h) if the owner fails to be in possession of a valid

certificate of registry, whether provisional or

otherwise, for a period in excess of one month.

(3)

Prior to the issue of any such order or directive the

registrar shall give one month’s notice in writing to the registered

owner and any registered mortgagee of the intention of closure of

registry unless the cause for such closure is remedied. The registrar

shall specify in the notice the reason for closure and the expiry date

for compliance failing which closure will be effected.

(4)

Upon the issue of any notice in terms of sub-article (3)

the registrar shall make a note thereof in the register and shall

record the date on which the one month period shall lapse.

(5) Upon the lapse of the said one month from the giving of

notice and upon receipt of the order from the Minister or the

directive from the Registrar-General, as the case may be, the

registrar shall make an entry thereof in the register and thereupon

the ship shall cease to be a Maltese ship and the registry of the ship

shall be considered as closed except so far as relates to any

unsatisfied mortgages or privileges entered therein, and the

mortgagees shall have the right to demand the immediate sale of

the ship or share therein as if the debtor had not adhered to all the

conditions under which the credit was granted.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 30 Deletion certificate. — MERCHANT SHIPPING ACT Open official source

(1) When the registry of a ship, whether provisional or

otherwise, has been closed, the registrar shall, upon request of the

registered owner or, when the registry of a ship has been closed in

terms of article 28A upon request of the purchaser, issue a deletion

certificate

Provided that the registrar may refuse to issue such

certificate if all liabilities and obligations in respect of the ship

towards the Authority, the Government of Malta and any body

corporate established by law, whether for fees, charges, fines or

otherwise have not been paid.

(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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 31 Issue of certificate of registry in lieu of provisional certificate. — MERCHANT SHIPPING ACT Open official source

Repealed by article 16 of Act XXXVII of 1988.

Transfer and Transmissions

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 32 Transfer of a ship or share therein. — MERCHANT SHIPPING ACT Open official source

(1) A registered ship or a share therein shall be transferred

by a bill of sale.

(2) The bill of sale shall contain such description of the ship as

it contained in the surveyor’s certificate or some other description

sufficient to identify the ship to the satisfaction of the registrar, and

shall be executed by the transferor in the presence of, and attested

by, a witness or witnesses.

(3) No transfer of a Maltese ship may be made in favour of

persons who are not qualified to own a Maltese ship, unless there is

the consent in writing for such transfer of all the mortgagees whose

mortgages are duly registered in respect of the ship, saving where

the transfer is made pursuant to an order or with the approval of a

competent court.

(4) Upon the entry of a transfer of a registered ship or a share

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

registrar shall notify accordingly the holder of any registered

mortgage.

(5) Where the ownership of a ship or share therein is

transferred following a merger or by operation of law, the person to

whom the ownership is transferred shall make and sign a

declaration indicating the manner in which and the person to whom

the property has been transferred to and such declaration shall be

accompanied by documentary evidence that may be required by the

Registrar.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 33 Declaration of transfer. — MERCHANT SHIPPING ACT Open official source

Where a registered ship or share therein is transferred to a

person qualified to own a Maltese ship, the transferee shall not be

entitled to be registered as owner thereof until he, or in the case of

a body corporate, the person authorised by this Act to make

declarations on behalf of a body corporate, has made a declaration

(in this Act called a "declaration of transfer") referring to the ship

and containing -

(a) a statement of the qualification of the transferee to

own a Maltese ship or, if the transferee is a body

corporate, of such circumstances as prove it to be

qualified to own a Maltese ship; and

(b) a declaration that, to the best of his knowledge and

belief, no unqualified person or body of persons is

entitled as owner to any interest in the ship or share

therein.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 34 Registry of transfer.  — MERCHANT SHIPPING ACT Open official source

(1) Every bill of sale for the transfer of a registered ship

or of a share therein to a person qualified to own a Maltese ship

shall, when duly executed, be produced to the registrar with the

declaration of transfer, and the registrar shall, saving any other

provision of this Act, thereupon enter in the register the name of

the transferee as owner of the ship or share and shall endorse on the

bill of sale the fact of that entry having been made, with the day

and hour thereof.

(2) All such bills of sale shall be entered in the register in the

order of their production to the registrar.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 35 Transmission of property in ship. — MERCHANT SHIPPING ACT Open official source

(1) Where the property in a registered ship or a share

therein is transmitted on the death of any owner to a person

qualified to own a Maltese ship, that person shall make and sign a

declaration (in this Act called a "declaration of transmission")

identifying the ship and containing the several statements required

by article 33 to be contained in a declaration of transfer, or as near

thereto as circumstances permit, and such declaration of

transmission shall be accompanied by such evidence of the

transmission as would be acceptable by a competent court as proof

of such transmission.

(2) On receipt of the declaration of transmission so

accompanied, the registrar shall enter in the register the name of

the person entitled under the transmission as owner of the ship or

share the property in which has been transmitted and, where there

is more than one such person, shall enter the name of all those

persons.

(3) Where the property in a registered ship or share therein is

transmitted on the death of any owner to a person not qualified to

own a Maltese ship -

(a) the Civil Court, First Hall, may on an application by

the unqualified person order a sale of the property so

transmitted and direct that the proceeds of the sale,

after deducting the expenses thereof, be paid to the

person entitled under the transmission or otherwise as

the court directs;

(b) the court may require any evidence in support of the

application it thinks requisite, and may make the order

on any terms and conditions it thinks just, or may

refuse to make the order, and generally may act in the

case as the justice of the case requires;

(c) every such application for sale must be made within

four weeks after the occurrence of the death in

consequence of which the transmission has taken

place, or within such further time, not exceeding in the

whole one year from the date of the occurrence, as the

court may allow;

(d) if an application is not made within the time aforesaid,

or if the court refuses an order for sale, or if

notwithstanding the sale the ship is not owned wholly

by persons qualified to own a Maltese ship, the ship

shall cease to be a Maltese ship.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 36 Transfer of ship or sale by order of court. — MERCHANT SHIPPING ACT Open official source

Where the transfer or sale of any ship or share therein is

ordered by a court, the order of the court shall contain a declaration

vesting in some person named by the court the right to transfer that

ship or share, and that person shall thereupon be entitled to transfer

the ship or share in the manner and to the same extent as if he were

the registered owner thereof; and the requisition of the person so

named in respect of any such transfer shall be obeyed to the same

extent as if such person were the registered owner.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 37 Power of court to prohibit transfer. — MERCHANT SHIPPING ACT Open official source

(1) The Civil Court, First Hall, may, if it thinks fit (and

without prejudice to the exercise of any other power of the court),

on a demand by a sworn application of a person claiming a right in

or over a ship make an order prohibiting for a specified time, which

shall in no case be of more than a year, any dealing with a ship or

any share therein, and the court may make the order on any terms

and conditions it thinks just, subject to any other provision of this

Act, including, without prejudice to the generality of the above, the

imposition of an obligation to provide appropriate security, for

damages, interests and costs, or may refuse to make the order, or

may discharge the order when made, with or without costs, and

generally may act in the case as the justice of the case requires; and

every registrar, without being made a party to the proceedings,

shall on being served with, or given notice of, the order obey the

same and shall enter a note thereof and the relevant expiry date in

the register of the ship.

(2) The sworn application shall, on pain of nullity, indicate a

sum in Maltese or foreign currency which shall, for the purposes of

this article, be deemed to be the amount of the claim.

(3) The Court shall not issue an order in terms of sub-article

(1) and shall discharge any such order when made, if it is satisfied

that the rights of the plaintiff are already otherwise secured.

(4) Where the respondent either deposits in court the amount

of the claim in the currency indicated therein or gives security,

satisfactory to the court, for such claim, the court shall not issue the

order or where the court has issued the order, it shall revoke the

s a me w it h re s pe c t to t he sh ip o r th e shar e th e r e i n, a nd t he

provisions of this article shall thereupon be applicable with respect

to the amount so deposited or the security so given as the case may

be.

(5) The Court shall appoint the writ for hearing within twenty

days of its filing; moreover the court may, on the application of the

plaintiff make a provisional order prohibiting any such dealings

until the court decides definitely on the merits of the writ or until

the court shall have revoked the provisional order.

(6) If the order, other than a provisional order, is issued in

order to secure a claim which has not yet been judicially verified,

unless proceedings on the merits of the claim are already pending,

whether in a Maltese court or any other competent court or in

arbitration, the plaintiff obtaining such order shall be obliged to

prosecute such claim, in Malta or in any other competent court or in

arbitration, within eight working days of the issue of the definite

order failing which the court issuing the order shall, on the

application of the owner, or any other interested party, revoke the

same; and where the court has issued a provisional order, the

plaintiff shall be obliged to prosecute the claim within thirty days

of the issue of the provisional order or eight days of the definite

order, whichever is the earlier.

(7)

Notwithstanding any provision of the Code of Organization

and Civil Procedure, an order given as aforesaid, even if

provisional, shall be immediately enforceable.

(8) Any order issued hereunder may be extended by the Court

on the application of the plaintiff for a further period or periods

each of not more than one year; provided that the applicant

confirms that the order is still required and the application is filed

at least thirty days prior to the lapse of the then current term of the

order. Upon such application the court shall thereupon extend such

order and such extension shall be notified to the defendant and

shall be served on the registrar who shall enter the new expiry date

in the register of the ship.

(9)

An order issued in terms of this article shall not affect

(a) the rights of the holder of any mortgage registered

over the ship or recognised in terms of this Act,

including the rights specified in article 42, with the

exception of the mortgagee’s right to demand the closure

of a ship’s register in accordance with article 42(1);

(b) the ability of the registrar to delete a ship or to issue

any deletion certificate thereof pursuant to any

provision of this Act other than on the request of the

owner in terms of article 28;

(c) the sale of the ship pursuant to an order or with the

approval of a competent court within whose

jurisdiction the ship was at the time of the sale;

(d) the bareboat charter registration of the ship in a

foreign registry pursuant to the provisions of Part IIA

of this Act.

(10) For the purposes of this article

(a) a right in or over a ship or a part thereof shall be a

claim based on

(i)

a right of ownership; or

(ii)

secured by a mortgage; or

(iii)

secured by a registered encumbrance; or

(iv)

secured by a privilege or a lien over the

ship arising by operation of Maltese law or the

law applicable to the claim; or

(v)

any other claim which gives rise to a claim in

rem against a vessel under Maltese law;

(b) a discharge of or an amendment for the purpose of

reducing the amount secured by a mortgage shall not

be deemed to constitute a dealing with a ship or share

therein;

(c) a guarantee by a Maltese bank or by a foreign bank of

repute in the currency of the claim shall qualify as

satisfactory security; provided that in the event that

such guarantee is deposited in the registry of the

courts, the foreign bank issuing the guarantee shall

unconditionally submit to the jurisdiction of the

Maltese courts in so far as its obligations under the

guarantee are concerned.

Maritime privileges and mortgages

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 37A Detention of ships as security for debts.  — MERCHANT SHIPPING ACT Open official source

(1) Ships and other vessels constitute a particular class

of moveables whereby they form separate and distinct assets within

the estate of their owners for the security of actions and claims to

which the vessel is subject. In case of bankruptcy of the owner of a

ship, all actions and claims, to which the ship may be subject, shall

have preference, on the said ship, over all other debts of the estate.

(2) A ship shall include together with the hull, all equipment,

machinery and other appurtenances as accessories belonging to the

ship, which are on board or which have been temporarily removed

therefrom.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 37B Types of charges over ships.  — MERCHANT SHIPPING ACT Open official source

(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 debt or other obligation may be secured -

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

a vessel, or

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

over a vessel which is enforceable erga omnes, or

(b) by a general hypothec which attaches to all the assets

of a debtor including any vessel such debtor may own,

or

(c) by a special privilege upon the vessel

Provided that special privileges arise in virtue of

law and no debt or other obligation other than those

specified at law shall be secured by a special privilege.

(3) Subject to the provisions of article 40, separate items upon

a vessel may themselves be subj ect to special privileges in

accordance with the provisions of the Civil Code, in security of the

debts therein specified.

(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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 37C Priority of claims on ship over all other debts of owner.  — MERCHANT SHIPPING ACT Open official source

(1) All registered mortgages, any special privileges and

all actions and claims to which a vessel may be subject shall not be

a ff e c t e d b y t h e b a n k r u p t c y o f t h e m o r t g a g o r o r s h i p o w n e r

happening after the date on which the mortgage was created or the

special privilege, action or claim arose, notwithstanding that the

owner at the commencement of the bankruptcy had the ship in his

possession, order or disposition, or was the reputed owner thereof,

and such mortgage, privilege, action or claim 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.

(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.

(2) Any judicial sale proceedings instituted by any registered

mortgagee or privileged creditor shall not be interrupted or in any

way hindered by any curator in bankruptcy, whether voluntary or

compulsory, or any liquidator or receiver of the shipowner for any

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

(3) For the avoidance of doubt, the provisions of the

Companies Act relating to insolvency shall not apply insofar as

inconsistent with this Act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 37D Attachment and extinguishment of charges.  — MERCHANT SHIPPING ACT Open official source

(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.

(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.

(2) Any hypothec or privilege whether general or special to

which a ship may be subject under the provisions of the Civil Code

shall not continue to attach to it when the vessel is transferred to

third parties.

(3) Without prejudice to any other cause which may at law

extinguish an obligation the special privileges specified in article

50 are not extinguished by the sale of the vessel, except in case of a

sale made pursuant to an order or with the approval of a competent

court made according to the forms prescribed by law, or where,

subsequent to a voluntary sale a period of one year has elapsed

from the date of the registration, recording or annotation of that

voluntary sale in the registry to which the ship belongs or where no

such registration, recording or annotation are entered in that

registry from the date of closure of the register of the ship in such

registry subsequent to such voluntary sale, unless within such

period of one year an action for the recovery of the claim secured

by such privilege has been brought before a competent court.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 38 Mortgage of ship or share.  — MERCHANT SHIPPING ACT Open official source

(1) A registered ship or a share therein may be made a

security for any debt or other obligation by means of an instrument

creating the security (in this Act called a "mortgage") executed by

the mortgagor in favour of the mortgagee in the presence of, and

attested by, a witness or witnesses.

(2) A mortgage is indivisible notwithstanding the divisibility of

the underlying debt or other obligation which it may secure.

(3) A mortgage shall attach to any proceeds from any

indemnity arising from collisions and other mishaps as well as any

insurance proceeds.

(4) It shall be lawful for a mortgage to be executed and

registered in favour of a security trustee appointed or acting under a

trust for the benefit of persons to whom a debt or other obligation is

due. Such security trustee shall, in any such case, be recognised as

the mortgagee of the particular mortgage and shall be entitled to

exercise all the rights in relation to that mortgage as are accorded to

mortgagees by this Act or any other enactment. Any such security

trust shall be governed by the provisions of article 2095E of the

Civil Code when the applicable law is the law of Malta.

(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.

(6) The Minister may make regulations to further regulate the

operation of security granted to secure future obligations.

(7) For the purposes of this Act, the term ''account current''

means any indebtedness of a mortgagor in favour of a mortgagee

arising and determinable in accordance with an underlying

obligation and all the provisions of the Commercial Code relative

to the contract of account current including the provisions of article

264 thereof shall not apply thereto unless expressly agreed to by

the parties.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 39 Registration of mortgages. — MERCHANT SHIPPING ACT Open official source

(1) On the production of a mortgage for registration the

registrar shall record it in the register and assign an index number of

registration to such mortgage.

(2) Mortgages shall be recorded by the registrar in the order in

time in which they are produced to him for that purpose, and the

registrar shall by memorandum under his hand notify on each

mortgage that it has been recorded by him, stating the day and hour

of that record.

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

prohibited to create further mortgages over a vessel without the

prior written consent of the mortgagee, the registrar shall make a

note in the register to such effect, and the registrar shall not record

such further mortgage unless the consent in writing of the holder of

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

in violation of this provision shall be null and void

Provided that where such further mortgage is executed in

favour of an existing mortgagee, no such consent shall be required

from such mortgagee.

(4) When it is stated in the mortgage instrument that it is

proh ibit ed to effect the transfer of t he ship which is being

mortgaged, or of a share therein, without the previous written

consent of the mortgagee, the registrar shall make a note in the

register to such effect, and the registrar, notwithstanding any other

provision of this Act, shall not record any transfer of such ship or

of a share therein unless the consent in writing of such mortgagee is

produced to him, saving where the transfer is made pursuant to a

court order in a sale by auction of such a ship or pursuant to any

other court order, and any transfer registered in violation of this

provision shall be null and void.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 39A Validity of a mortgage or assignment of a mortgage. — MERCHANT SHIPPING ACT Open official source

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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 39B Correction of errors. — MERCHANT SHIPPING ACT Open official source

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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 40 Preservation of special privileges on accessories of ship.  — MERCHANT SHIPPING ACT Open official source

(1) Upon the registration of any mortgage in the register

the rights of any mortgagee shall not be affected by

(a) the creation of any separate privilege or charge on any

part, appurtenance or accessory of a ship which may

attach in virtue of any law; or

(b) the reservation of ownership rights by a seller of any

part, appurtenance or accessory sold to a shipowner

under a contract of sale, hire purchase or any similar

contract

Provided that provisions, fuel and other consumable goods

shall not be considered as appurtenances

Provided further that the provision of this article shall in no

way prejudice or reduce 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 creditor having a separate 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 owner in the presence of a witness in

the form specified by the Minister; and on the production of such

instrument the registrar shall by memorandum under his hand

notify on each charge that it has been recorded by him stating the

day and hour of that record.

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

appurtenance or accessory of a ship may also register his interest in

the register of the ship at any time prior to the registration of a

mortgage.

(4) The registration of such a charge or reservation of

ownership rights prior to the registration of a mortgage shall

preserve the creditor ’s rights on that part, appurtenance or

accessory in relation to any subsequent mortgagee.

(5) A privilege or reservation of ownership rights registered

over a ship under sub-article (2) shall be cancelled upon production

by the owner of a receipt for the price and other charges relative to

the transfer of such part, appurtenance or accessory, and the

registrar, upon production of such receipt duly signed and attested

to his satisfaction, shall make an entry in the register to the effect

that the privilege or reservation of ownership rights have been

cancelled.

(6) The transfer of the interest of any creditor enjoying a

privilege or reservation of ownership rights registered in terms of

this article may on the production of proof to the satisfaction of the

registrar be recorded by the registrar who shall enter in the register

the name of the transferee and shall by memorandum under his

hand notify on the instrument of transfer that it has been recorded

by him.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 41 Priority of mortgages. — MERCHANT SHIPPING ACT Open official source

If there are more mortgages than one registered in respect

of the same ship or share, the mortgagees shall, notwithstanding

any express, implied or constructive notice, be entitled in priority,

one over the other, according to the date and the time at which each

mortgage is recorded in the register.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 42 Rights of mortgagee. — MERCHANT SHIPPING ACT Open official source

(1) Notwithstanding the provisions of article 256(2) of the

Code of Organisation and Civil Procedure, in the event of default of

any term or condition of a registered mortgage or of any document

or agreement referred to therein, the mortgagee shall, upon giving

notice in writing to the mortgagor -

(a) be entitled to take possession of the ship or share

therein in respect of which he is registered; but except

so far as may be necessary for making a mortgaged

ship or share available as a security for the mortgage

debt, the mortgagee shall not by reason of the

mortgage be deemed to be the owner of the ship or

share, nor shall the mortgagor be deemed to have

ceased to be the owner thereof

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;

(b) have power absolutely to sell the ship or share in

respect of which he is registered; but where there are

more persons than one registered as mortgagees of the

same ship or share, a subsequent mortgagee shall not,

except under the order of a court of competent

jurisdiction, sell the ship or share without the

concurrence of every prior mortgagee; and if the

proceeds of sale, after discharging the mortgage debt,

show a surplus in his hands, the mortgagee shall

deposit the same for the benefit of other creditors and

of the mortgagor;

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

receive certificates, and generally do all such things in

the name of the owner as may be required in order to

maintain the status and validity of the registration of

the ship.

(2) A registered mortgage shall be deemed to be an executive

title for the purposes of article 253 of the Code of Organization and

Civil Procedure

(a) where the obligation it secures is a debt certain

liquidated and due and not consisting in the

performance of an act; or

(b) where a maximum sum secured thereby is expressly

stated in the instrument creating the security and such

figure is recorded in the register for public notice.

(3) The provisions of this article shall apply to all registered

mortgages which secure debts resulting from any account current or

overdraft or other credit facility.

(4) In connection with the enforcement of any mortgage, not

being a mortgage contemplated in sub-article (2), for the purpose of

determining the amount certain liquidated and due or the actual

sum due when the mortgage secures a future debt within an

expressly stated maximum, in connection with any judicial sale of a

ship, the mortgagee shall specify the sum due at the time of

enforcement by means of an affidavit served on the mortgagor

Provided that this shall be without prejudice to the right of

any interested party to contest such amount according to law.

(5) For the purpose of the proceedings referred to in this article

the debtor shall be deemed to be duly served if the application or

other act is served on the master of the vessel, or if he is absent

from these Islands, on the local agent appointed for the vessel by

the owners or their agent, or in the absence of such local agent on a

curator appointed by the court to represent the debtor and the ship.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 43 Mortgage not affected by bankruptcy. — MERCHANT SHIPPING ACT Open official source

Repealed by article 25 of Act XXXVII of 1988.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 44 Transfer of mortgages. — MERCHANT SHIPPING ACT Open official source

(1) A registered mortgage of a ship or share may be

transferred to any person by an instrument of transfer executed by

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

witnesses; and on the production of such instrument for registration

the registrar shall record it by entering in the register the name of

the transferee as mortgagee of the ship or share, and shall by

memorandum under his hand notify on the instrument of transfer

that it has been recorded by him, stating the day and hour of the

record.

(2) For the purposes of article 1471 of the Civil Code,

registration of the instrument of transfer of a registered mortgage of

a ship or share made by the registrar in the register of that ship in

terms of the provisions of this article shall be deemed to constitute

due notice of the assignment of such mortgage to the mortgagor.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 44A Assignment of part of a debt or other obligation. — MERCHANT SHIPPING ACT Open official source

(1) It shall be lawful for the assignee of part of a debt or

other obligation secured by a registered mortgage of a ship or share

to demand that the assignment be entered in the registry of the

particular ship for the part so assigned and the registrar shall, upon

the production to him of the relative instrument of transfer together

with the mortgage to which it relates, forthwith proceed to record

such partial assignment by entering in the register the name of the

assignee as co-mortgagee of the ship or share, and shall by

memorandum under his hand notify on the mortgage that such

assignment has been recorded by him, stating the day and hour of

the record.

(2) The provisions of article 44(2) shall be applicable mutatis

mutandis to the assignments contemplated in sub-article (1).

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 45 Transmission of interest of mortgagee by death.  — MERCHANT SHIPPING ACT Open official source

(1) Where the interest of the mortgagee in a ship or share

is transm itted by death, th e person t o who m t he interest is

transm itted shall make an d sign a declarat ion contain ing a

statement of the manner in which and the person to whom the

property has been transmitted and such declaration shall be

accompanied by the like evidence as is by this Act required in case

of a corresponding transmission of the ownership of a ship or share.

(2) On the receipt of the declaration and the production of the

evidence aforesaid, the registrar shall enter the name of the person

entitled upon the transmission in the register as mortgagee of the

ship or share.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 45A Amendment of mortgage.  — MERCHANT SHIPPING ACT Open official source

(1) Where a registered mortgage is amended the registrar

shall on the production of the instrument of mortgage executed in

accordance with the provisions of article 38 containing the

amendment, together with the written consent on the said

instrument, of the mortgagee whose mortgage has been amended,

make a note thereof in the register to the effect that the mortgage

has been amended, and any such amendment shall form an integral

part of the registered mortgage which it amends and such mortgage,

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

mortgage may be effected for any purpose.

(3) Without prejudice to the generality of the foregoing, and

subject always to the provisions of sub-articles (4), (5) and (6), an

amendment of a mortgage shall be effected for any one or more of

the following purposes

(a) to increase the amount of capital secured by such

mortgage. 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 mortgage to secure any other obligation

of the mortgagor, whether as principal debtor or as

surety for any other person, in favour of the

mortgagee, except where the new obligation qualifies

as a future obligation of the mortgagor to the

mortgagee secured by the mortgage being within a

maximum sum by way of principal stated in the

relative mortgage instrument.

(4) An amendment of a mortgage may not be effected after the

obligation secured by the registered mortgage has been satisfied.

(5) Where any mortgages other than the mortgage that it is

intended to amend are entered in the register of the ship an

amendment shall not be noted unless the consent in writing of all

the other mortgagees whose interests may be prejudiced by the

amendment, is produced to the registrar.

(6) The consent to an amendment to a mortgage shall be

signified by means of a declaration executed by the mortgagee in

the presence of, and attested by a witness or witnesses.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 45B Amendment of registered mortgage details. — MERCHANT SHIPPING ACT Open official source

The registered details relating to a mortgage in 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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 46 Entry of discharge of mortgage. — MERCHANT SHIPPING ACT Open official source

Where a registered mortgage is discharged the registrar

shall, on the production of the mortgage deed, with a receipt for the

mortgage money endorsed thereon, duly signed and attested, make

an entry in the register to the effect that the mortgage has been

discharged.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 47 Transfers and mortgages not to have effect unless registered. — MERCHANT SHIPPING ACT Open official source

A transfer or mortgage of a registered ship or share therein,

and a transfer of a registered mortgage, shall have no effect in

regard to the ship or share or against any person other than the

transferor or the mortgagor, or their heirs, unless the transfer or

mortgage has been registered under and in accordance with this

Act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 48 Loss of original mortgage deed. — MERCHANT SHIPPING ACT Open official source

(1) In case of loss of any registered mortgage instrument

the registrar shall, at the request of the mortgagee alone, or together

with the mortgagor, reconstitute the original mortgage and certify

t his i nstru ment as a r econsti tuted origi nal o f t he m ortgage

instrument. The registrar shall only accede to such a request upon

t he p ro du c t io n by t he p a r ty m a k in g th e re q u e s t of a s w or n

declaration to the effect that the original has been lost.

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

that a reconstituted mortgage instrument has been issued, reciting

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 produces a sworn declaration that he is the holder of the

mortgage, the instrument of which has been lost, and that he is

discharging or transferring the said security in virtue of the sworn

declaration.

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

sworn declaration, treat such declaration as the mortgage

instrument and shall follow the 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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 49 Recognition of foreign mortgages. — MERCHANT SHIPPING ACT Open official source

A foreign mortgage shall be recognised as a mortgage with

the status and all the rights and powers specified in this Act,

notwithstanding the fact that it is 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 the

ship is documented;

(b) such registry is a public registry;

(c) such mortgage appears upon a search of the registry

and

(d) such mortgage is granted a preferential and generally

equivalent status as a mortgage under this Act under

the laws of the country where the mortgage is

registered.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 49A Registration of mortgages over ships under construction. — MERCHANT SHIPPING ACT Open official source

(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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 49B Finance charter instrument. — MERCHANT SHIPPING ACT Open official source

(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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 49C Amendment of a finance charter instrument.  — MERCHANT SHIPPING ACT Open official source

(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

49 B con taining such amendm ent, t ogether wit h the writt en

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.

Special privileges

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 50 Special privileges on ships. — MERCHANT SHIPPING ACT Open official source

The debts hereunder specified are secured by a special

privilege upon the vessel, as well as any proceeds from 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

ships arising under this Act;

(c) tonnage dues including anchorage and berthing dues;

(d) wages and expenses for assistance, recovery of

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;

(f)

rent of the warehouses in which the ship’s tackle and

apparel are stored;

(g) the expenses incurred for the preservation of the ship

and of her tackle including supplies and provisions to

her crew incurred after her last entry into port;

(h) wages and other sums due to the master, officers and

other members of the vessel’s complement in respect

of their employment on the vessel, including costs of

repatriation and social insurance contributions payable

on their behalf;

(i)

damages and interest due to any seaman for death or

personal injury and expenses attendant on the illness,

hurt or injury of any seaman;

(j)

moneys due to creditors for labour, work and repairs

previously to the departure of the ship on her last

voyage

Provided that such privilege shall not be competent

where the debt has not been contracted directly by the

owner of the ship, or by the bareboat charterer or by the

master, or by an authorised agent of the owner or of the

bareboat charterer;

(k) ship agency fees due for the ship after her last entry

into port, in accordance with port tariffs, and any

disbursements incurred during such period not

enjoying a privilege in paragraphs (a) to (i), though in

any case for a sum in the aggregate not in excess of

four thousand units;

(l)

moneys lent to the master for the necessary expenses

of the vessel during her last voyage, and the

reimbursement of the price of goods sold by him for

the same purpose;

(m) moneys due to creditors for provisions, victuals, outfit

and apparel, previously to the departure of the ship on

her last voyage

Provided that such privilege shall not be competent

where the debt has not been contracted directly by the

owner of the ship, or by the bareboat charterer or by the

master, or by an authorised agent of the owner or of the

bareboat charterer;

(n) damages and interest due to the freighters for non-

delivery of the goods shipped, and for injuries

sustained by such goods through the fault of the master

or the crew;

(o) damages and interest due to another vessel or to her

cargo in cases of collision of vessels;

(p) the debt specified in article 2009(d) of the Civil Code

for the balance of the price from the sale of a ship.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 51 Debts contracted in different ports. — MERCHANT SHIPPING ACT Open official source

Where debts of a nature similar to the ones mentioned in

paragraphs (a) to (p), both inclusive, of article 50 shall have been

contracted in different ports, or on the occasion of several forced

returns to the same port, the priority established by the said article

shall be observed with regard to the several debts contracted on the

occasion of each arrival or return, but the debts contracted on the

occasion of a subsequent arrival or return shall have preference

over those contracted on the occasion of a former arrival or return.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 52 Privileges of seller to be registered. — MERCHANT SHIPPING ACT Open official source

(1) The privilege granted to the seller for the price of the

thing sold under the provisions of article 2009 (d) of the Civil Code

is not effectual in regard to vessels, unless the claim for such price

be registered, in the case of ships registered under Part II of this

Act, in the register of the said ship, within two days from the date

of the sale. Such privilege is registered by delivery to the registrar

on the prescribed form duly completed and signed by the seller.

(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.

(3) The same rule shall apply with regard to the right of

recovering the thing sold, as provided in the said Code.

(4) Such privilege shall be extinguished upon payment of the

by the seller, attested by a witness, the registrar or the Director of

Public Registry, as the case may be, shall make a note in the

register notifying the discharge thereof.

(5) The provisions of articles 44, 45, 45A and 48 shall mutatis

mutandis apply in respect of the aforementioned privilege and right

of recovery of the seller with regard to ships registered under Part

II of this Act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 53 Seller bound to make debts known to buyer. — MERCHANT SHIPPING ACT Open official source

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

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

signed by himself.

(2) If the aforesaid list is not given to the purchaser, or if, in the

list given to him, any of the aforesaid debts is omitted, he may, in

the event of his sustaining any damage therefrom, exercise 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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 54 Possessory lien or privilege. — MERCHANT SHIPPING ACT Open official source

(1) Any ship repairer, shipbuilder or other creditor into

whose care and authority a ship has been placed for the execution

of works or other purposes shall have a possessory lien over the

ship.

(2) A possessory lien shall entitle the creditor to retain

possession over the ship on which he has worked or carried out

activity until such creditor is paid the debts due to him for such

building, repairs or activity.

(3) A possessory lien shall be extinguished by the voluntary

release of the ship from the custody of the creditor.

(4) A possessory lien shall not be extinguished if the vessel is

released pursuant to a court order or following a judicial sale of the

vessel. In the latter case the creditor shall enjoy the priority

specified in article 54A over the proceeds of sale of the ship.

(5) The creditor shall be obliged to release the ship if he is paid

the sum claimed, or adequate security is deposited in the Civil

Court, First Hall, under the provisions of the Code of Organization

and Civil Procedure

Provided that the creditor shall enjoy the same priority over

such sum.

(6) For the purposes of this article, the creditor upon a demand

by judicial letter served upon him by any person interested in the

ship, shall be obliged to declare the amount of his claim by judicial

act to be filed within a period of two days from the date of

notification to him of the aforesaid demand failing which he shall

be obliged to release the ship forthwith.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 54A Ranking of creditors.  — MERCHANT SHIPPING ACT Open official source

(1) The debts specified in article 50 shall rank in the

order therein set out and in preference to other hypothecary and

privileged claims, notwithstanding that the ship is still in the

possession of the debtor, and the debts specified in article 50(a) and

(b) shall under all circumstances rank in preference to any claim.

(2) Any debt secured by a possessory lien or privilege over a

ship as stated in article 54, shall be paid in preference to all other

claims except the debts specified in article 50(c), (d), (e), (f), (g),

(h), (i), and (j) if such debts were created prior to the debt of the

creditor enjoying the possessory lien.

(3) Any debt secured by a mortgage registered under the

provisions of this Act or secured by a foreign mortgage recognised

under this Act shall rank 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.

(4) Where the fund is insufficient, competing creditors under

the same heading shall share in such fund ratably.

Name of ship

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 55 Ships’ names. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may make regulations enabling him to

refuse the registry of any ship by the name by which it is proposed

to register that ship if it is already the name of a registered Maltese

ship or a name so similar as to be calculated to deceive, and may by

those regulations require notice to be given in such manner as may

be directed by the regulations before the name of the ship is marked

on the ship, or before the name of the ship is entered in the register.

(2) If the registry of a ship by the name by which it is proposed

to register that ship is refused by the Registrar-General, or if any

requirements of the regulations are not complied with in the case of

any ship which it is proposed to register, that ship shall not be

registered under the name proposed, or until the regulations are

complied with, as the case may be.

(3) The owner of a ship intending to register a ship under this

Act, may, on payment of such fee as may be prescribed and on

application to the registrar, reserve the proposed name of the ship

for a maximum period of twelve months.

(4) The application referred to in sub-article (3) may be made

together with the application for registry of a ship, or with the

application for permission to change the name of a ship, or by any

other writing provided that the ship for which the reservation is

being made is adequately identified.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 56 Rules as to name of ship.  — MERCHANT SHIPPING ACT Open official source

(1) A ship shall not be described by any name other than

that by which it is for the time being registered.

(2) A change shall not be made in the name of a ship without

the previous written permission of the Registrar-General.

(3) Application for that permission shall be in writing and if

t h e R e g i s t r a r- G e n e r a l i s o f o p i n i o n t h a t t h e a p p l i c a t i o n i s

reasonable he may entertain it and thereupon require notice thereof

to be published or otherwise publicised, in such form and manner

as he thinks fit.

(4) On permission being granted to change the name, the ship’s

name shall forthwith be altered in the register, in the ship’s

certificate of registry, in any other certificate issued by the registrar

bearing the name of the ship and on her bows and stern and the

Registrar-General shall forthwith proceed to notify in writing any

registered mortgagee of the alteration in the register.

(5) If it is shown to the satisfaction of the Registrar-General

that the name of a ship has been changed without his permission, he

shall direct that her name be altered into that which she bore before

the change and the name shall be altered in the register, in the

ship’s certificate of registry, in any other certificate issued by the

registrar bearing the name of the ship and on her bows and stern

accordingly.

(6) Where a ship having once been registered under this Act

ceases to be so registered, no person unless ignorant of the previous

registry (proof whereof shall lie on him) shall apply to register, and

no registrar shall knowingly register, the ship except by the name

by which she was previously registered unless with the previous

written permission of the Registrar-General.

(7) Where a ship has not at any previous time been registered

under this Act, no person shall apply to register, and no registrar

shall knowingly register, the ship except by the name which she

bore immediately before the application for registry unless with the

previous written permission of the Registrar-General.

(8) If any person acts, or suffers any person under his control to

act, in contravention of this article, or omits to do, or suffers any

person under his control to omit to do, anything required by this

article, he shall for each offence be liable to a fine (multa) not

exceeding one hundred units, and (except in the case of an

application for registry made with respect to a ship which has not

previously been registered under this Act) the ship may be detained

until this article is complied with.

Registry of alterations, Registry anew and Transfer of registry

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 57 Registry of alterations. — MERCHANT SHIPPING ACT Open official source

(1)

Where a registered ship is so altered as not to

correspond with the particulars relating to her tonnage or

description contained in the register, an application accompanied

b y a c e r t i f i c a t e f r o m t h e p r o p e r s u r v e y o r, r e q u e s t i n g t h e

registration of the alteration shall be made to the registrar who

shall, on receipt thereof accompanied as aforesaid, either cause the

alteration to be registered or direct that the ship be registered anew.

(2) If default is made in making an application as required by

this article, or in registering anew a ship if so directed as aforesaid,

the owner of the ship shall be liable to a fine (multa) not exceeding

one hundred units and, in addition to a fine (multa) not exceeding

five units for every day during which the offence continues after

conviction.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 58 Regulations for registry of alterations. — MERCHANT SHIPPING ACT Open official source

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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 59 Provisional certificate or endorsement where ship is to be registered anew. — MERCHANT SHIPPING ACT Open official source

Repealed by article 32 of Act XXXVII of 1988.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 60 Registry anew on change of ownership. — MERCHANT SHIPPING ACT Open official source

Where the ownership of any ship is changed the registrar

may, on the application of the owner of the ship, register the ship

anew, although registration anew is not required under this Act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 61 Procedure for registry anew. — MERCHANT SHIPPING ACT Open official source

(1) Where a ship is to be registered anew, the registrar

shall proceed as in the case of first registry, and on the other

requisites to registry, or in the case of a change of ownership such

of them as he thinks material, having been duly complied with, he

shall make such registry anew and grant a certificate thereof.

(2) When a ship is registered anew, her former register shall be

considered as closed except so far as relates to any unsatisfied

mortgages or existing certificates of mortgage or sale entered

therein, but the names of all persons appearing on the former

register to be interested in the ship as owners or mortgagees shall

be entered in the new register, and the registry anew shall not in

any way affect the rights of any of those persons.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 62 Transfer of registry. — MERCHANT SHIPPING ACT Open official source

Repealed by article 32 of Act XXXVII of 1988.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 63 Restriction on re- registration of abandoned ships. — MERCHANT SHIPPING ACT Open official source

Where a ship has ceased to be registered as a Maltese ship

by reason of having been wrecked or abandoned or for any reason

other than capture by the enemy or transfer to a person not

qualified to own a Maltese ship, the ship shall not be re-registered

until she has, at the expense of the applicant for registration, been

surveyed by a surveyor of ships and certified by him to be

seaworthy.

Declarations

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 64 Power of registrar to dispense with declarations and other evidence. — MERCHANT SHIPPING ACT Open official source

(1) Where under Part II and Part IIA of this Act any

person is required to make a declaration on behalf of himself or of

any body corporate, or any evidence is required to be produced to a

registrar, and it is shown to the satisfaction of the registrar that

from any reasonable cause that person is unable to make that

declaration, or that the evidence cannot be produced, the registrar

may, with the approval of the Registrar-General and on the

production of such other evidence and subject to such terms as the

Registrar-General may think fit, dispense with the declaration or

evidence.

(2) Nothing in this article shall be construed as requiring the

dispensation of the registrar or the approval of the Registrar-

General for the making of any declaration, or the doing of anything

required or permitted by this Act to be made or done, by the person

having the legal representation of a person interested in a ship or

share therein and who is incapable of making that declaration or

doing that thing by reason of minority, insanity or other cause; all

acts lawfully so done shall be as effectual as if done by the person

whom he represents.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 65 Mode of making declarations. — MERCHANT SHIPPING ACT Open official source

(1) Declarations required by Part II and Part IIA of this

Act shall be made before a registrar or a commissioner for oaths or

a Maltese consular officer.

(2) Declarations required by Part II and Part IIA of this Act

may be made on behalf of a body corporate by the secretary or by a

duly authorised representative

Provided that the registrar may accept electronic declarations

that are signed in an electronically secure manner.

Returns, Inspection of register and Evidence

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 66 Returns to be made by registrars. — MERCHANT SHIPPING ACT Open official source

Repealed by article 32 of Act XXXVII of 1988.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 67 Inspection of register and transcript and extract of register. — MERCHANT SHIPPING ACT Open official source

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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 68 Evidence of register and other documents. — MERCHANT SHIPPING ACT Open official source

(1)

The following documents shall be admissible in

evidence without the necessity of any proof of their authenticity

other than that which appears on the face of them and shall, until

the contrary is proved, be evidence of their contents

(a) any register under Part II and Part IIA of this Act on its

production from the custody of the registrar or other

person having the lawful custody thereof;

(b) a certificate of registry under Part II and Part IIA of

this Act purporting to be signed by the registrar or

other proper officer;

(c) an endorsement on a certificate of registry purporting

to be signed by the registrar or other proper officer.

(2) A copy of any document aforesaid or an extract therefrom

shall also be so admissible in evidence if it purports to be signed

and certified as a true copy or extract by the officer having the

lawful custody thereof.

Forms

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 69 Forms of documents. — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.36.

Forgery and false declarations

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 70 Forgery of documents. — MERCHANT SHIPPING ACT Open official source

If any person forges or fraudulently alters, or assists in

forging or fraudulently altering, or procures to be forged or

fraudulently altered, any of the following documents, namely, any

register, builder’s certificate, surveyor’s certificate, certificate of

registry, declaration, bill of sale, instrument of mortgage, or

certificate of mortgage or sale or any other certificate issued by the

registrar under Part II and Part IIA of this Act, or any entry or

endorsement required by Part II and Part IIA of this Act to be made

in or on any of those documents, that person shall, in respect of

each offence, be liable to imprisonment for a period of not less than

two years and not exceeding five years.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 71 False declarations. — MERCHANT SHIPPING ACT Open official source

If any person, in the case of any declaration made in the

presence of or produced to a registrar under this Part of this Act, or

in any document or other evidence produced to such registrar-

(a) wilfully makes, or assists in making, or procures to be

made, any false statement concerning the title to or

ownership of any registered encumbrance or mortgage

existing on, or the interest existing in, any ship or

share therein; or

(b) utters, produces or makes use of any declaration or

document containing any such false statement

knowing the same to be false,

he shall, in respect of each offence, be liable to imprisonment for a

period not exceeding two years or to a fine (multa) not exceeding

five hundred units or to both such imprisonment and fine.

Flag and National character

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 72 National colours for Maltese ships. — MERCHANT SHIPPING ACT Open official source

(1) The flag as set out in the Third Schedule to this Act,

without any defacement or modification whatsoever, is hereby

declared to be the proper national colours for all Maltese ships.

(2) If any distinctive national colours, except the Maltese flag,

are hoisted on board any Maltese ship, the master of the ship, or the

owner thereof if on board the same, and every other person hoisting

the colours, shall, for each offence, be liable to a fine (multa) not

exceeding five hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 73 Penalty on ship not showing colours.  — MERCHANT SHIPPING ACT Open official source

(1) A registered ship shall hoist the Maltese flag on

entering or leaving any foreign port and, if of fifty tons gross

tonnage or upwards, on entering or leaving any port in Malta.

(2) If default is made on board any such ship in complying with

this article, the master of the ship shall, for each offence, be liable

to a fine (multa) not exceeding one hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 74 National character to be declared before clearance. — MERCHANT SHIPPING ACT Open official source

(1) No clearance shall be granted for any ship until the

master of such ship has declared to the officer from whom the

clearance is required the name of the nation to which he claims that

she belongs, and that officer shall thereupon inscribe that name on

the clearance.

(2) If the ship attempts to proceed to sea without such

clearance she may be detained until the declaration is made.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 75 Penalty for unduly assuming Maltese character. — MERCHANT SHIPPING ACT Open official source

If a person uses the Maltese flag and assumes the Maltese

national character on board a ship which is not a Maltese ship for

the purpose of making a ship appear to be a Maltese ship, the ship

shall be subject to forfeiture under this Act, unless the assumption

has been made for the purpose of escaping capture by an enemy or

by a foreign ship of war in the exercise of some belligerent right.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 76 Penalty for concealment of Maltese or assumption of foreign character. — MERCHANT SHIPPING ACT Open official source

If the master or owner of a Maltese ship does anything or

permits anything to be done, or carries or permits to be carried

papers or documents, with intent to conceal the Maltese character

of the ship from any person entitled by the law of Malta to inquire

into the same, or with intent to assume a foreign character, or with

intent to deceive any person so entitled as aforesaid, the ship shall

be subject to forfeiture under this Act; and the master, if he

commits or is privy to the commission of the offence, shall in

respect of each offence be liable to imprisonment for a period not

exceeding two years or to a fine (multa) not exceeding five hundred

units or to both such imprisonment and fine.

Forfeiture of ship

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 77 Proceedings on forfeiture of ship — MERCHANT SHIPPING ACT Open official source

(1) Where any ship has either wholly or as to any share

therein become subject to forfeiture under this Act, any officer

authorised in that behalf by the Minister and any Maltese consular

officer may seize and detain the ship and may bring her for

adjudication before the Civil Court, First Hall, in Malta, and the

court may thereupon adjudge the ship with her tackle, apparel and

furniture to be forfeited to the Government of Malta and make such

order in the case as to the court seems just.

(2) Any such officer as in this article mentioned shall not be

responsible either civilly or criminally to any person whomsoever

in respect of any seizure or detention as aforesaid, notwithstanding

that the ship has not been brought in for adjudication or, if so

brought in, is declared not to be liable to forfeiture, if it is shown

that there were reasonable grounds for such seizure or detention.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 78 Transfer to foreign registry. — MERCHANT SHIPPING ACT Open official source

Repealed by article 35 of Act XXXVII of 1988.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 79 Inquiry into  title of ship  to be registered. — MERCHANT SHIPPING ACT Open official source

(1) Where it appears to the Registrar-General that there is

any doubt as to the title of any ship registered as a Maltese ship to

be so registered he may direct the registrar to require evidence to be

given to his satisfaction that the ship is entitled to be registered as a

Maltese ship; and if within such time, not being less than thirty

days, as the Registrar-General may specify, satisfactory evidence of

the title of the ship to be so registered is not given, he may order

that the registry of the ship shall be closed.

(2) Upon the receipt of any such order, the registrar shall make

an entry thereof in the register and thereupon the registry of the

ship in that book shall be considered as closed except so far as

relates to any unsatisfied mortgages or existing certificates of

mortgage entered therein.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 80 Power of Minister to order closure of registry. — MERCHANT SHIPPING ACT Open official source

Repealed by article 35 of Act XXXVII of 1988.

Measurement of ship and Tonnage

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 81 Tonnage regulations. — MERCHANT SHIPPING ACT Open official source

(1) The tonnage of any ship to be registered under this Act

shall be ascertained in accordance with regulations made by the

Minister, and those regulations shall be taken to be the provisions

referred to in this Act as the tonnage regulations of this Act.

(2)

Regulations under this article may -

(a) make different provision for different description of

ships or for the same description of ships in different

circumstances;

(b) make any provision thereof dependant on compliance

with such conditions, to be evidenced in such manner,

as may be specified in the regulations;

(c) prohibit or restrict the carriage of goods or stores in

spaces not included in the registered tonnage of a ship

and may provide for making the master and owner or

bareboat charterer each liable to a fine (multa) not

exceeding one hundred units where such a prohibition

or restriction is contravened.

(3) Regulations under this article may make provision for

assigning to a ship, either instead of or as an alternative to the

tonnage ascertained in accordance with the other provisions of the

regulations, a lower tonnage applicable where the ship is not loaded

to the full depth to which she can be safely loaded, and for

indicating on the ship, by such mark as may be specified in the

regulations, that such a lower tonnage has been assigned to her and,

where it has been assigned to her as an alternative, the depth to

which the ship may be loaded for the lower tonnage to be

applicable.

(4) Regulations under this article may provide for the issue of

documents certifying the registered tonnage of any ship or the

tonnage which is to be taken for any purpose specified in the

regulations as the tonnage of a ship not registered in Malta.

(5) Where regulations under this article are amended, such

regulations may make provision for the alteration of the particulars

relating to the registered tonnage of any ship registered before the

coming into operation of the amendment.

(6) Regulations under this article may prescribe the fees to be

paid in respect of the measurement of a ship’s tonnage.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 82 Tonnage ascertained to be tonnage of ship. — MERCHANT SHIPPING ACT Open official source

Wherever the tonnage of any ship has been ascertained and

registered in accordance with the tonnage regulations of this Act,

the same shall thenceforth be deemed to be the tonnage of the ship

and shall be repeated in any subsequent registry thereof, unless any

alteration is made in the form or capacity of the ship, or unless it is

discovered that the tonnage of the ship has been erroneously

computed, or unless the tonnage regulations of this Act are

amended and make provision for the alteration of the particulars of

the registered tonnage of any ship registered before the coming into

operation of the amendment; and in any such case the ship shall be

r e - m e a s u r e d a n d h e r t o n n a g e d et e r m i n e d an d r e - r e g i s t e r e d

according to the tonnage regulations of this Act then in force.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 83 Tonnage of ships of other countries adopting regulations. — MERCHANT SHIPPING ACT Open official source

(1) Whenever it appears to the Minister that the tonnage

regulations of this Act have been adopted by any country, and are

in force there, the Minister may order that the ships of that country

shall, without being re-measured, be deemed to be of the tonnage

denoted in their certificates of registry or other equivalent

documents, in the same manner, to the same extent, and for the

same purposes, as the tonnage denoted in the certificate of registry

of a Maltese ship is deemed to be the tonnage of that ship; and any

space shown by the certificate of registry or other equivalent

document of any such ship as deducted from the tonnage shall,

where a similar deduction in the case of a Maltese ship depends on

compliance with any conditions or on the compliance being

eviden ced i n any manner, b e deemed t o comply w ith those

conditions and be so evidenced, unless a surveyor of ships certifies

to the Minister that the construction and equipment of the ship as

respects that space do not come up to the standard which would be

required if the ship were a ship registered under this Act.

(2) The Minister may limit the time during which the order is

t o r e m a i n i n o p e r a t i o n a n d m ak e t h e o r d e r s u b j e c t t o s u c h

conditions and qualifications as he may deem expedient, and the

operation of the order shall be limited and modified accordingly.

(3) If it is made to appear to the Minister that the tonnage of

any ship, as measured by the rules of the country to which she

belongs, materially differs from that which would be her tonnage if

measured under this Act, the Minister may order that,

notwithstanding any other order for the time being in force under

this article, any of the ships of that country may, for all or any of

the purposes of this Act, be re-measured in accordance with this

Act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84 Survey and measurement to be performed by surveyors. — MERCHANT SHIPPING ACT Open official source

All duties in relation to the survey and measurement of

ships shall be performed by surveyors of ships in accordance with

regulations made or instructions given by the Minister.

PART IIA

BAREBOAT CHARTER REGISTRATION

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84A Interpretation. — MERCHANT SHIPPING ACT Open official source

(1) For the purposes of this Part of this Act, unless the

context otherwise requires -

"bareboat charter" means the contract for the lease or sub-lease

of a ship, hereinafter referred to as charter, for a stipulated period

of time, by virtue of which the charterer 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;

"bareboat charter registration" means the registration of a ship in

a bareboat charter registry under the name of the charterer;

"bareboat charter registry" means the registry of the State whose

flag the ship is entitled to fly during the period in which the

charterer is registered as the bareboat charterer;

"compatible registry" means a ship registry of a foreign State

declared by the Minister to be a compatible registry in terms of

article 84B;

"day" means calendar day;

"underlying registry" means the registry of the State in which the

owners of a ship are registered as owners and to which jurisdiction

and control will revert upon termination of the bareboat charter

registration, and "underlying register" and "underlying

registration" shall be construed accordingly.

(2) Article 76 shall be construed for the purpose of this Part of

this Act, as if for the words "If the master or owner" there were

substituted the words "If the master or charterer or owner".

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84B Compatible registries. — MERCHANT SHIPPING ACT Open official source

Whenever it appears to the Minister that the provisions of

the law of a State with regards to bareboat charter registration are

compatible with the provisions of this Act, he may declare the ship

registry of that State to be a compatible registry for the purposes of

this Part of this Act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84C Eligibility and conditions for bareboat charter registration. — MERCHANT SHIPPING ACT Open official source

(1) Notwithstanding anything contained in article 4, a

ship not eligible in terms of the said article to be registered as a

Maltese ship shall be eligible to be registered as a Maltese ship

under this Part of this Act provided that -

(a) the ship is bareboat chartered to a citizen of Malta, or

to bodies corporate or such other persons qualified to

own a Maltese ship in terms of article 4;

(b) the ship is not a Maltese ship, and is registered in a

compatible registry;

(c) is not registered in another bareboat charter registry;

and

(d) the following certified documents are submitted to the

registrar to his satisfaction

(i)

an application for registry under this Part of this

Act made by the charterer or his authorised

agent containing such information as may be

required by the registrar;

(ii) a declaration of bareboat charter made by the

charterer accompanied by a copy of the charter

agreement, which charter agreement shall not be

available for public inspection;

(iii) a transcript or an extract of the underlying

registration of the ship which shall include a

description of the ship, the owners and, where

applicable, all registered mortgages and

encumbrances of the ship, and such document

shall be available for public inspection; and

(iv) the consent in writing for the ship to be bareboat

charter registered in Malta of

(a)

the appropriate authorities of the

underlying registry who may be further

required by the registrar to declare that

during the period of bareboat charter

registration the ship will not be entitled to

fly their flag;

(b)

the owners of the ship; and

(c)

all registered mortgagees.

(2) Any amendments or modifications to the bareboat charter

shall within thirty days be produced to the registrar by the

charterer.

(3) Whenever any amendments or modifications are effected to

the underlying registration the charterer shall -

(a) within seven days from such amendments being

effected communicate to the registrar any such

amendments or modifications; and

(b) within thirty days of such amendments or

modifications having been entered in the underlying

register produce to the registrar a transcript or an

extract of the underlying registration showing such

amendments or modifications.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84D Ascertainment of tonnage. — MERCHANT SHIPPING ACT Open official source

The tonnage of a ship to be registered under this Part of

this Act shall be ascertained in accordance with the tonnage

regulations made under this Act

Provided that at the request of the charterer the registrar

may accept the tonnage of such ship to be that registered in the

underlying registry if he is satisfied that the provisions of the

International Convention on Tonnage Measurement of Ships signed

in London on 23 June, 1969 (including any protocol or amendment

to su c h c o nv e n ti o n r a t i f i e d , ac ce d ed t o o r ac ce p te d by t h e

Government of Malta), if applicable to such ship and unless such

ship has been exempted from them, have been adhered to, and the

certificate of survey provided for in article 14 shall be that issued

by the underlying registry.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84E Name of ship bareboat chartered registered in Malta. — MERCHANT SHIPPING ACT Open official source

(1) Subject to the provisions of sub-article (2) a ship shall

be registered under this Part of this Act by the name under which it

is registered in the underlying registry, provided that such name is

not already the name of a registered Maltese ship or a name so

similar as to be calculated to deceive.

(2) The name of a ship to be registered or of a ship already

registered under this Part of this Act, may be changed prior or

subsequent to registration under this Part of this Act as the case

may be, provided the appropriate authorities of the underlying

registry, the owners, and the registered mortgagees, if any, have

consented thereto and provided also that such change is made in

accordance with the provisions of article 56.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84F Bareboat charter registration. — MERCHANT SHIPPING ACT Open official source

(1) The registrar, if satisfied that all conditions for

registration specified in this Part and in other Parts of this Act,

where applicable, have been complied with, and on payment of the

prescribed fee shall -

(a) enter in the register of Maltese ships provided for in

article 365, all particulars of the ship and its

underlying registration, owners and charterers, stating

that it is a bareboat charter registration, the expiry date

of such registration, and that the register does not

contain an official record of any mortgages affecting

the ship;

(b) inform the appropriate authorities of the underlying

registry of the registration under this Part; and

(c) issue a provisional certificate of bareboat charter

registry or a certificate of bareboat charter registry, as

the case may be, which shall include the expiry date

thereof, the name and official number of the ship, the

name of the home port Valletta and such particulars, if

any, as the registrar may deem proper

Provided that, unless otherwise exempted, if the

ship is not in possession of valid certificates required

by international conventions (including protocols,

annexes and appendices thereto) which have been

ratified or acceded to or accepted by the Government

of Malta and such other certificates as the Minister

may by regulations prescribe, the registrar shall issue a

non-operational provisional certificate of bareboat

charter registry or a non-operational certificate of

bareboat charter registry, as the case may be.

(2) Upon the issue of a certificate of bareboat charter registry,

whether provisional or otherwise, all documents issued to the ship

by the underlying registry, shall be surrendered to the appropriate

authorities of that registry and, within thirty days of the issue of the

certificate as aforesaid, the charterer shall make and deliver to the

registrar a declaration to that effect.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84G Duration of bareboat charter registration. — MERCHANT SHIPPING ACT Open official source

Subject to the provisions of article 84H the duration of

such registration shall be for a period not exceeding the duration of

the bareboat charter or the expiry date of the underlying

registration, whichever is the shorter period, but in no case for a

period exceeding two years.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84H Extension of bareboat charter registration. — MERCHANT SHIPPING ACT Open official source

(1) At the request of the charterer or his authorised agent

the registrar may extend and further extend the registration for the

remaining period of the charter or until the expiry date of the

underlying registry, whichever is the shorter period, but in no case

for periods exceeding two years at a time, provided that the

charterer has produced a transcript of the underlying registry, the

consent of the underlying registry, and the consent of owners and

mortgagees.

(2) Upon the grant of an extension in terms of sub-article (1),

the registrar shall -

(a) enter the new date of expiry in the register of the ship;

(b) issue a renewal certificate of bareboat charter registry

which shall include the date of expiry thereof, the

name and official number of the ship, the name of the

home port Valletta and such particulars, if any, as the

registrar may deem proper; and

(c) inform the appropriate authorities of the underlying

registry.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84I International convention certificates of ship bareboat charter registered in Malta. — MERCHANT SHIPPING ACT Open official source

A ship bareboat charter registered under this Part required

to be issued with international convention certificates in terms of

an international convention to which Malta is a party shall be

issued with such certificates under the authority of the Government

of Malta

Provided that where Malta is not a party to such convention

a certificate required under that convention may be issued, with the

permission of the registrar, under the authority of the government

of the underlying registry.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84J Jurisdiction over a ship registered under this Part of this Act. — MERCHANT SHIPPING ACT Open official source

(1) A ship registered under this Part of this Act shall be

deemed to be a Maltese ship and except where otherwise provided

shall be under the jurisdiction and control of Malta and shall

comply with all the laws applicable to Maltese ships.

(2) A ship registered under this Part of this Act shall only hoist

the Malta flag as provided for in this Act.

(3) The home port of a ship registered under this Part of this

Act shall be Valletta and shall be shown on the certificate of

bareboat charter registry, whether provisional or otherwise, and

shall be marked on the stern in accordance with the provisions of

the Act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84K Ownership of ship registered under this Part of this Act. — MERCHANT SHIPPING ACT Open official source

(1) This Act shall not assert any ownership rights over a

ship registered under this Part of this Act and it shall have no effect

with regards to title and transfer and transmission of such ship or

shares therein.

(2) Any transfer of ownership of a ship registered under this

Part of this Act shall be notified by the charterers to the registrar,

and the registration of the ship under this Part of this Act may be

closed unless the new owners, within seven days, have informed

the registrar that they have no objection to the registration of the

ship under this Part of this Act, and, within thirty days of having

made such declaration, delivered to the registrar their consent in

writing to such registration.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84L Payment of fees. — MERCHANT SHIPPING ACT Open official source

A ship registered under this Part of this Act shall be

subject to the payment of the initial and annual registration fees and

of any other fees set out in this Act, or in any regulations made

thereunder.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84M Mortgages and encumberances. — MERCHANT SHIPPING ACT Open official source

Mortgages and encumbrances may not be registered under

this Act in respect of a ship registered under this Part of this Act,

and the registrar shall refuse to register any such mortgages and

encumbrances; such power of registration shall remain vested in

the underlying registry.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84N Closure of bareboat charter registration. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may order that the registration of a ship

under this Part of this Act shall be closed if it is in the national

interest or in the interest of Maltese shipping.

(2) The Registrar-General may direct that the registration of a

ship under this Part of this Act shall be closed for any reason

specified in article 29(2), in as far as the same may be applicable to

a ship registered under this Part of this Act.

(3) Prior to the issue of any such order or directive the

registrar shall give one month’s notice in writing to the charterer of

the intention of closure of registry unless the cause of such closure

is remedied. The registrar shall specify in the notice the reason for

closure and the expiry date for compliance failing which closure

will be effected.

(4) Upon the issue of any notice in terms of sub-article (3) the

registrar shall make a note thereof in the register and shall record

the date on which the one month period shall lapse.

(5) Upon the lapse of the said one month from the giving of

notice and upon receipt of the order from the Minister or the

directive from the Registrar-General, as the case may be, the

registrar shall make an entry thereof in the register and thereupon

the ship shall cease to be a Maltese ship and the registry of the ship

shall be considered as closed.

(6) Where the charterer of a ship, registered under this Part of

this Act, desires to close the bareboat charter registration of such

ship, he shall make an application to that effect to the registrar

giving all such particulars and information as the registrar may

require for the purpose, and the registrar may refuse such

application if all liabilities and obligations in respect of the ship

towards the Authority, the Government of Malta and any body

corporate established by law, whether for fees, charges, fines or

otherwise have been paid.

(7) The registrar shall close the registration of a ship under this

Part of this Act, and shall make an entry to that effect in the

register, if -

(a) the Minister has ordered such closure in terms of sub-

article (1);

(b) the Registrar-General has directed such closure in

terms of sub-article (2);

(c) a voluntary closure of registry has been requested and

such request has been acceded to by the registrar in

terms of sub-article (6);

(d) the appropriate authorities of the underlying registry,

or the owners, or any of the mortgagees, if any, have

withdrawn their consent to the bareboat charter

registration in Malta;

(e) the registration in the underlying registry has for any

reason been terminated;

(f)

the charter lapses or is terminated by any of the parties

to it; or

(g) the period for which the ship has been bareboat charter

registered lapses and no extension has been granted in

accordance with article 84H.

(8) Upon the closure of a registration in terms of sub-article

(7) the ship shall cease to be a Maltese ship and the registrar shall

immediately notify the appropriate authorities of the underlying

registry, the owners, the bareboat charterers and the mortgagees, if

any, of such closure.

(9) The registrar may refuse to issue a deletion certificate or a

transcript of registry showing the closure of registry until -

(a) any certificate of bareboat charter registry, whether

provisional or otherwise, issued in terms of article 84F

has been surrendered to him; and

(b) all liabilities and obligations in respect of the ship

towards the Authority, the Government of Malta and

any body corporate established by law, whether for

fees, charges, fines or otherwise have been paid.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84O Bareboat charter registration in a foreign registry. — MERCHANT SHIPPING ACT Open official source

Notwithstanding any other provision of this Act a Maltese

ship registered under Part II of this Act may be bareboat charter

registered in a foreign registry if the Registrar-General gives his

consent in writing thereto in terms of article 84P.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84P Consent of the Registrar-General. — MERCHANT SHIPPING ACT Open official source

(1) The Registrar-General may, under such conditions as

he may deem fit to impose, give his consent referred to in article

84O if -

(a) the ship is registered as a Maltese ship under Part II of

this Act;

(b) the bareboat charter registry where the ship is to be

registered is a compatible registry; and

(c) the following documents are submitted to him

(i)

an application for bareboat charter registration

in a foreign registry made by the owners

containing such information as may be required

by the Registrar-General;

(ii) the consent in writing to such registration of all

registered mortgagees, if any;

(iii) a written undertaking by the owners to surrender

the certificate of registry issued under this Act

within thirty days from entry into the bareboat

charter registry;

(iv) a written undertaking by the charterer that the

Maltese flag shall not be hoisted during the

period of bareboat charter registration; and

(v) a copy of the bareboat charter,

and such consent shall be valid for a period not exceeding the

duration of the bareboat charter or for a period not exceeding two

years, whichever is the shorter period, and, in any case, such

consent shall lapse on the expiry of the registry of the ship under

Part II of this Act unless this has been extended as provided for in

that same Part of this Act.

(2) At the request of the owner or his authorised agent the

Registrar-General may extend and further extend his consent

referred to in article 84O for the remaining period of the charter or

until the expiry of the registration of the ship under Part II of this

Act, whichever is the shorter period, but in no case for periods

exceeding two years at a time.

(3) The owners shall produce to the registrar any amendments

or modifications to the bareboat charter within thirty days of such

amendments or modifications being effected.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84Q Name of ship bareboat charter registered in a foreign registry. — MERCHANT SHIPPING ACT Open official source

(1) Subject to the provisions of sub-article (2) a ship

registered under Part II of this Act shall be bareboat charter

registered in a foreign registry by the name under which it is

registered under this Act, provided that with the consent of the

Registrar General, the registered owners and registered

mortgagees, the name of the ship may be changed in the foreign

bareboat charter registry.

(2) The name of a Maltese registered ship bareboat charter

registered in a foreign registry may be changed with the written

permission of the Registrar-General in terms of article 56 only if

such change is being effected also in the bareboat charter registry.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84R Registration in a foreign bareboat charter registry not in terms of this Act. — MERCHANT SHIPPING ACT Open official source

The registration in a foreign bareboat charter registry of a

ship registered under this Act not made in accordance with the

provisions of this Part of this Act shall be null and void.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84S Bareboat charter registration of a Maltese ship in a foreign registry. — MERCHANT SHIPPING ACT Open official source

(1) Upon the bareboat charter registration of a Maltese

ship in a foreign registry -

(a) the owners shall immediately notify the registrar of

such registration, and within thirty days surrender to

the registrar the certificate of registry issued to the

ship under this Act and deliver to the registrar a

transcript or an extract of the foreign bareboat charter

registration; and

(b) the registrar, if satisfied that such registration has been

effected according to the provisions of this Act, shall

make an entry thereof in the register of the said ship.

(2) The owners shall immediately notify the registrar of the

closure or lapse of the bareboat charter registration in a foreign

registry, and shall within thirty days of the closure of such registry,

deliver to the registrar a transcript or an extract of the foreign

bareboat charter registration showing such closure.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84T Obligations while ship is a foreign bareboat charter registry. — MERCHANT SHIPPING ACT Open official source

(1) Unless otherwise provided for in this Part of this Act,

the owners of a Maltese ship bareboat charter registered in a

foreign registry shall comply with all the provisions of this Act as

if the ship were not so registered in the foreign registry.

(2) During the time a Maltese ship is bareboat charter

registered in a foreign registry in terms of the provisions of this

Part of this Act -

(a) notwithstanding the provisions of article 73, such ship

shall not hoist the Maltese flag; and

(b) notwithstanding the provisions of article 5, the home

port of such ship shall be that of the bareboat charter

registry.

(3) The owners shall, within fifteen days from the entry into

the foreign bareboat charter registry, make and deliver to the

registrar a declaration to the effect that the name of the foreign

home port has been marked on the stern of the ship in lieu of the

name Valletta.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84U Payment of fees while ship is in foreign bareboat charter registry. — MERCHANT SHIPPING ACT Open official source

A Maltese ship bareboat charter registered in a foreign

registry shall, notwithstanding such registration, continue to be

subject to the payment of all the fees set out in this Act, or in any

regulations made thereunder, in respect of Maltese ships.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84V International convention certificates of ship bareboat charter registered in foreign registry. — MERCHANT SHIPPING ACT Open official source

A Maltese ship bareboat charter registered in a foreign

registry required to be issued with international convention

certificates in terms of an international convention to which Malta

is a party shall be issued with such certificates under the authority

of the government of the bareboat charter registry

Provided that where the State of the bareboat charter

registry is not a party to such convention the certificate required

under such convention may be issued under the authority of the

Government of Malta.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84W Title, mortgages and encumbrances of ship bareboat charter registered in a foreign registry. — MERCHANT SHIPPING ACT Open official source

(1) Notwithstanding that a Maltese ship may be bareboat

charter registered in a foreign registry, all matters with respect to

title over the ship, mortgages and encumbrances shall continue to

be governed by Maltese law.

(2) Any transaction affecting the title over the ship or relating

to the registration, amendment, transfer and transmission and

discharge of mortgages shall be made and registered in accordance

with the provisions of this Act and only by the persons specified

therein.

(3) The registration of any mortgages or encumbrances in the

bareboat charter registry shall be null and void.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84X Termination of bareboat charter registration in foreign registry. — MERCHANT SHIPPING ACT Open official source

(1) The Registrar-General may withdraw the consent

referred to in article 84O, if any of the applicable provisions of this

Act are not complied with

Provided that the Registrar-General shall withdraw such

consent, if -

(a) the Minister, in the national interest or in the interest

of Maltese shipping, has ordered the Registrar-General

to withdraw his consent;

(b) any of the conditions required to be fulfilled in terms

of sub-article (1) of article 84P is not so fulfilled; or

(c) the charter terminates or is terminated by any of the

parties to it.

(2) Upon the withdrawal of the consent of the Registrar-

General in terms of sub-article (1) -

(a) the registrar shall inform the appropriate authorities of

the bareboat charter registry, the owners, the

charterers, and the mortgagees, if any, of such

withdrawal; and

(b) the bareboat charter registration shall be terminated.

MERCHANT SHIPPING

(3)

Upon the termination of the bareboat charter registration -

(a) the registrar shall make an entry thereof in the register,

and the ship shall thereupon be again subject to all the

provisions of Maltese law;

(b) within thirty days from the termination of such

registration the owners shall make and deliver a

declaration to the registrar that the certificate of

bareboat charter registration has been surrendered to

the foreign bareboat charter registry, and thereupon the

registrar, unless the registry of the ship under Part II of

this Act is also being closed, shall again deliver to the

owners the certificate of registry which had been

surrendered to him in terms of article 84S; and

(c) within thirty days from the termination of such

registration the owners shall deliver to the registrar a

transcript or an extract of register showing that the

bareboat charter registration has been cancelled.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84Y Certification of documents. — MERCHANT SHIPPING ACT Open official source

All documents required by the registrar for the purposes of

this Act shall be certified as required by the registrar.

PART III

SHIPPING COMPANIES AND OTHER ORGANISATIONS

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 84Z Shipping organisation. — MERCHANT SHIPPING ACT Open official source

(1) An organisation shall qualify as a shipping

organisation under this Act if its principal objects are one or more

of the following activities and it obtains and maintains a licence

from the Registrar-General to enable it to carry on such activities

(a) the ownership, operation (under charter or otherwise),

administration and management of a ship or ships

registered as a Maltese ship in terms of this Act and

the carrying on of all ancillary financial, security and

commercial activities in connection therewith;

(b) the ownership, operation (under charter or otherwise),

administration and management of a ship or ships

registered under the flag of another state and the

carrying on of all ancillary financial, security and

commercial activities in connection therewith;

(c) the holding of shares or other equity interests in

entities, whether Maltese or otherwise, established for

any of the purposes stated in this article and the

carrying on of all ancillary financial, security and

commercial activities in connection therewith;

(d) the raising of capital through loans, the issue of

guarantees or the issue of securities by the company

when the purpose of such activity is to achieve the

objects stated in this article for the shipping

organisation itself or for other shipping organisations

within the same group;

for the purposes of this paragraph "group" has the

same meaning as ascribed to it in the Companies Act;

and

(e) for the carrying on of such other activities within the

maritime sector which the Minister may, on the advice

of the Authority, from time to time prescribe by

regulations as qualifying for the above purpose.

(2) A shipping organisation may be established for any lawful

purpose contemplated in sub-article (1) as -

(a) a limited liability company; or

(b) a partnership en nom collectif; or

(c) a partnership en commandite;

and a company may have the status of -

(a) a public company; or

(b) a private company.

(3) A shipping organisation may also operate under a trust (a

"shipping trust") or be a foundation (a "shipping foundation").

(4) A shipping organisation may also be any foreign corporate

body or other entity enjoying legal personality in terms of the law

under which it has been established or constituted and which has

established a place of business in Malta. (These organisations are

referred to in this Act, as "foreign corporate bodies".).

(5) Where the shipping organisation is a shipping trust, the

trust shall be regulated by the Trusts and Trustees Act, or shall be a

trust recognised in terms of the Recognition of Trusts Act, as the

case may be.

(6)

(a) Subject to paragraph (b), where the shipping

organisation is a company, it shall be exclusively

regulated by regulations made under sub-article (8),

irrespective of the place where the management and

control of the company’s affairs are exercised.

(b) Upon the initial registration of the company or at any

time thereafter, the directors of the company shall elect

whether the company shall be regulated by the

company regulations made under sub-article (8) or by

the Companies Act. Such election shall be made by

means of an appropriate declaration in the

memorandum of association and the company will be

regulated accordingly either from incorporation or

from the date of the registration of the relative

amendment with the Registrar of Companies, as the

case may be. In virtue hereof, the directors are vested

with the power and shall be deemed for all intents and

purposes, to possess the authority to amend or vary the

relative clause of the memorandum of association at

their discretion without reference to the general

meeting of the company. Any election made hereunder

shall be binding on the company for at least one

calendar year.

(c) The election made by a company to be regulated by the

Companies Act will only be effective upon the full

compliance by the company of all the requirements of

the said Act.

(7) All companies and commercial partnerships whose objects

fall within any of those stated in sub-article (1) and which on the

date of the coming into force of regulations made under sub-article

(8) are in existence, including those companies which are in a state

of liquidation and not yet struck off, shall be regulated by the

provisions of this Act and regulations made under sub-article (8)

with effect from the coming into force of such regulations; and they

shall moreover be deemed to qualify as shipping organisations in

terms of this article unless and until the memorandum of

association of such companies is amended to provide otherwise.

Wi t h e ff e c t f r o m t h e d a t e o f c o m i n g i n t o f o r c e o f t h e s a i d

regulations made under this article, the provisions of the

Commercial Partnerships Ordinance shall no longer apply to such

companies and article 431 of the Companies Act, shall be construed

accordingly.

(8) The Minister, acting in consultation with the Authority,

may make regulations

(a) regulating

the

establishment,

operation,

administration, and winding up and striking off of

shipping organisations which are companies or other

commercial partnership, including the relative fees,

penalties and forms;

(b) regulating places of business in Malta by foreign

corporate bodies including the imposition of the

relative fees, penalties and forms;

(c) establishing the conditions under which the authority

may issue or revoke licences to shipping organisations,

and regulations made under this sub-article may in particular

provide for or allow the application to shipping organisations

which are companies any part, chapter or section of the Companies

Act, subject to such variations, modifications and conditions as

may be stipulated in such regulations.

(9) The Minister, with the concurrence of the Minister of

Finance, may make regulations establishing the manner in which

any law imposing any tax, levy or impost or regulating the

collection thereof is to apply to shipping organisations, or any

category thereof, and may by such regulations amend, substitute or

delete all or any of the provisions of articles 85 to 88A and of the

Fifth Schedule.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 85 Definitions and Registration of companies under this Part of this Act. — MERCHANT SHIPPING ACT Open official source

Deleted by Legal Notice 128 of 2018.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 85A Minister may declare a ship to be a tonnage tax ship.  — MERCHANT SHIPPING ACT Open official source

Deleted by Legal Notice 128 of 2018.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 86 Exemption from Income Tax. — MERCHANT SHIPPING ACT Open official source

(Deleted by Legal Notice 224 of 2004 as amended by Legal

Notice 83 of 2010).

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 87 Exemption from death and donation duties.  — MERCHANT SHIPPING ACT Open official source

(Deleted by Legal Notice 224 of 2004 as amended by Legal

Notice 83 of 2010)

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 88 Exemption from duty on documents. — MERCHANT SHIPPING ACT Open official source

(Deleted by Legal Notice 224 of 2004 as amended by Legal

Notice 83 of 2010).

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 88A Concessions at option of company.  — MERCHANT SHIPPING ACT Open official source

(Deleted by Legal Notice 224 of 2004 as amended by

Legal Notice 83 of 2010).

PART IV

MASTERS AND SEAMEN

Certificate of competency

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 89 Interpretation. — MERCHANT SHIPPING ACT Open official source

For the purposes of this Part of this Act, unless the context

otherwise requires, the term ''certificate of competency'' includes

certificate of proficiency and licence and any other similar

document.

MERCHANT SHIPPING

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 90 Manning of Maltese ships. — MERCHANT SHIPPING ACT Open official source

(1) Every Maltese ship when going to sea from any place

shall be provided with such number and description of officers and

crew as the Minister may by regulations prescribe

Provided that the Minister may in such regulations

authorise the Registrar-General to exempt any ship or a class of

ships from all or any of the requirements of such regulations.

(2) If the requirements of sub-article (1) are not complied with,

the master or owners of the ship shall for each offence be liable to a

fine (multa) not exceeding five hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 91 Certificates of competency. — MERCHANT SHIPPING ACT Open official source

The Minister may by regulations prescribe

(a) the grades in respect of which certificates of

competency shall be granted, recognised or endorsed

in accordance with this Act;

(b) the conditions for the issue, recognition or

endorsement of certificates of competency granted,

recognised or endorsed in accordance with this Act;

(c) the conditions for the replacement, suspension,

cancellation and alteration of certificates of

competency issued, recognised or endorsed in

accordance with this Act; and

(d) any other matter affecting certificates of competency.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 92 Examination for certificates of competency. — MERCHANT SHIPPING ACT Open official source

Repealed by Act XXXVII of 1990.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 93 Grant of certificates on passing examination. — MERCHANT SHIPPING ACT Open official source

Repealed by Act XXXVII of 1990.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 94 Foreign certificates of competency, etc. — MERCHANT SHIPPING ACT Open official source

Repealed by Act XXXVII of 1990.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 95 Form and record of certificates. — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.40.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 96 Loss of certificate. — MERCHANT SHIPPING ACT Open official source

Repealed by Act XXXVII of 1990.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 97 Production of certificates of competency. — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.41.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 98 Forgery of certificates of competency. — MERCHANT SHIPPING ACT Open official source

If any person -

(a) forges or fraudulently alters, or assists in forging or

fraudulently altering, or procures to be forged or

fraudulently altered, any certificate of competency or

any recognition of a certificate of competency, or an

official copy of any such certificate or recognition; or

(b) makes, assists in making, or procures to be made, any

false representation for the purpose of procuring, or

having recognised, either for himself or for any other

person, a certificate of competency; or

(c) fraudulently uses a certificate, or a recognition of a

certificate, or a copy of a certificate or of a recognition

of a certificate, of competency which has been forged,

altered, cancelled or suspended, or to which he is not

entitled; or

(d) fraudulently lends his certificate of competency or

recognition of a certificate of competency, or allows it

to be used by any other person,

that person shall for each offence be liable to imprisonment for a

period not exceeding two years or to a fine (multa) not exceeding

five hundred units or to both such imprisonment and fine.

Furthermore, the Registrar-General may prohibit that person from

being engaged on a Malta registered ship, for a definite or indefinite

period.

Masters

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 99 Appointment and dismissal of master. — MERCHANT SHIPPING ACT Open official source

(1) The master is appointed and may be dismissed by the

owner of the ship; and any agreement purporting to deprive the

owner of the power to dismiss the master shall have no effect.

(2) A master shall not be entitled to any compensation if he is

dismissed with good cause or is removed by the court.

(3) Where a master is dismissed without good cause he shall,

unless it is by agreement otherwise provided, be entitled to an

indemnity related to the length of his service with the ship or the

owner thereof and, where the master is so dismissed during the

course of the voyage, the indemnity shall not be less than his wages

for the entire voyage and the expenses of his repatriation.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 100 Duties and liability of the master. — MERCHANT SHIPPING ACT Open official source

(1) In the discharge of his duties the master shall be

responsible for any negligence or misconduct even where the fault

is slight, and shall be answerable for all damage resulting from

non-observance of any law or regulation; his liability ceases only if

it is shown that he exercised all proper care.

(2) The master shall be responsible for the proper management

and navigation of the vessel, for the safety of the vessel, her crews

and passengers, for the prompt receipt and proper stowage, care

and discharge of cargo, and for the maintenance of discipline on

board; and he shall be on board at all times during the voyage.

(3) The master shall also be responsible for the loss of, or any

damage to, articles taken in or put on board by passengers,

including any loss through theft, or injury caused, by members of

the crew except in case of theft or injury committed by force of

arms or happening through circumstances over which the master

had no control.

(4)

Deleted by Act I.2025.43.

(5) The master shall give to the owners a true and faithful

account of all dealings and other matters relating to the ship at such

reasonable times as he may be directed so to do.

(6) Nothing in this article shall affect the provisions of Part IX

of this Act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 101 Powers of the master. — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.44.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 102 Ship’s papers. — MERCHANT SHIPPING ACT Open official source

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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 103 Passengers’ list. — MERCHANT SHIPPING ACT Open official source

(1) The master of every Maltese ship and the master of

every ship carrying passengers on any voyage to Malta from a place

outside Malta, or from Malta to any place outside Malta, shall

furnish to such person as the Minister may by regulations direct a

return giving the total number of persons on board as well as such

other information relative to such persons as may be prescribed, in

such form and manner and within such time as may be prescribed.

(2) The Minister may by such regulations exempt any

passenger ship or any passenger ship undertaking such voyage or

voyages as may be prescribed in the regulations generally or in

respect of any voyages or classes of voyages from the provisions of

such regulations.

(3) Any passenger to which regulations under sub-article (1)

refer shall furnish the master with such information required by the

master for making any such return.

(4)

If -

(a) the master of a ship fails to make a return as required

by this article or makes a false return;

(b) any passenger refuses to give information required by

the master of the ship for the purpose of the return, or

for that purpose gives the master information which he

knows to be false or recklessly gives information

which is false,

the master, or as the case may be, the passenger, shall be guilty of

an offence against this article and shall on conviction be liable to a

fine (multa) not exceeding five hundred units in the case of the

master, and not exceeding one hundred units in the case of a

passenger.

(5) The Minister may extend the provisions of these

regulations to the owner, bareboat charterer, manager, or any other

person or organisation who may have assumed responsibility for

operating the passenger ship from the owner, the obligations of the

master with regard to such regulations, and may moreover provide

that any person or organisation to whom such obligations may have

been so extended preserve and keep such records for such period

and in such manner as may be prescribed and supply such periodic

or other returns thereof as may be prescribed, and the provisions of

sub-article (4) hereof shall apply mutatis mutandis to such person

or organisation as they apply to the master.

(6) The provisions of this article and of any regulations made

hereunder shall not apply to ships of war and troop ships and to

pleasure yachts unless such pleasure yachts are or will be crewed

and carry more than twelve passengers for commercial purposes.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 104 Sea-protest. — MERCHANT SHIPPING ACT Open official source

(1) Where a vessel sustains damage, or is stranded,

abandoned or lost, or where owing to stress of weather or other

cause is forced to enter any port, the master shall, within twenty-

four hours after the event if the event happens in any port, or within

twenty-four hours after his arrival in any port if the event happens

elsewhere, make a sea-protest in manner provided by this article.

(2) The master shall also, at the time of making his sea-protest,

produce his official log book and the ship’s log and cause them to

be endorsed by the authority before whom the sea-protest is made.

(3) In Malta, the sea-protest shall be made before the judge of

the Civil Court, First Hall; elsewhere it shall be made before a

Maltese consular officer or, in the absence of such officer, before a

local authority.

(4) In the sea-protest the master shall state on oath the place

and time of sailing, the nature of his cargo, the course pursued, the

perils encountered and the damage sustained by the vessel, and all

other relevant facts, in particular those relating to the casualty in

respect of which the sea-protest is made.

(5) The authority before whom the sea-protest is made shall,

immediately after the master has made his statement, examine on

oath not less than three members of the crew and, where

practicable, some of the passengers.

(6) Where a sea-protest is required to be made, the master

shall, except in the case of imminent danger, not discharge any

goods from the vessel until he makes the sea-protest.

(7) It shall be competent to any interested party to prove any

fact contrary to those stated in a sea-protest; and if a sea-protest is

not made within the time specified in sub-article (1), any interested

party may prove any fact which should have resulted from the sea-

protest, or otherwise related to the casualty, by any other means.

(8) If the master fails to comply with any of the provisions of

this article he shall be answerable to any interested party for any

damages and interest.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 105 Documents to be handed over to successor. — MERCHANT SHIPPING ACT Open official source

(1) If during the progress of a voyage the master is

dismissed, removed or superseded, or for any other reason quits the

ship, and is succeeded in the command by some other person, he

shall deliver to his successor the various documents relating to the

navigation of the ship and to the crew thereof which are in his

custody; and if he fails without reasonable cause so to do he shall

be liable to a fine (multa) not exceeding one hundred units.

(2) The successor shall immediately on assuming the command

of the ship enter in the official log book a list of the documents so

delivered to him.

Conditions for admission to employment

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 106 Employment of children and persons under eighteen years. — MERCHANT SHIPPING ACT Open official source

(1) Subject to the provisions of this article and

notwithstanding the provisions of any other law or of any

regulations, rules and orders made or deemed to be made

thereunder, no person under the age of sixteen years shall be

employed in any Maltese ship.

(2)

The Minister may make regulations -

(a) prescribing circumstances and capacities in which and

the conditions subject to which persons under the age

of sixteen years but who have attained such age as may

be prescribed in the regulations may be employed in a

Maltese ship;

(b) prescribing circumstances and capacities in which

persons over the age of sixteen years but under the age

of eighteen years or under such lower age as may be

specified in the regulations may not be employed in a

Maltese ship or may be so employed only subject to

such conditions as may be specified in the regulations.

(3) Regulations made for the purposes of this article may make

different provision for different employments and different

descriptions of ship and any other different circumstances.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 107 Registration of persons under eighteen years who are members of the crew. — MERCHANT SHIPPING ACT Open official source

(1) There shall be included in every agreement with the

crew a list of all persons under the age of eighteen years who are

members of the crew, together with particulars of the dates of their

birth, and, in the case of a ship in which there is no such agreement,

the master of the ship shall, if persons under the age of eighteen

years are employed therein, keep a register of those persons with

particulars of the dates of their birth and of the dates on which they

become or cease to be members of the crew, and the register so kept

shall at all times be open to inspection by the Minister or an officer

autho rised by the Mini ster in that b ehalf or an appropriate

inspector, or any other person having power to enforce compliance

with the provisions of this Act.

(2) There shall be included in every agreement with the crew a

short summary of the provisions of this article and of article 106.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 108 Medical examination. — MERCHANT SHIPPING ACT Open official source

(1) Subject to the provisions of this article, no person

shall be employed in any capacity in any Maltese ship unless there

has been delivered to the master of the ship a certificate granted by

a duly qualified medical practitioner certifying that the person is fit

to be employed in that capacity.

(2) The provisions of sub-article (1) shall not apply to the

employment of a person authorised to be so employed on the

ground of urgency by the shipping master or by a Maltese consular

officer, but a person in whose case any such authorisation is given

shall not be employed for more than a single voyage, except in

accordance with and subject to the provisions of sub-article (1).

(3) The Minister may make regulations as appear to him to be

necessary for the medical examination of all persons seeking

employment in any capacity on board ships and the issue of

medical certificates in respect of such persons.

(4) Without prejudice to the generality of the foregoing sub-

article, regulations made thereunder may, in particular -

(a) prescribe the nature of the medical examination or

examinations to be made and the particulars to be

included in the medical certificates;

(b) prescribe the period of validity of medical certificates;

(c) provide for the acceptance, in substitution of a medical

certificate, of evidence in a prescribed form that the

required certificate has been issued; and

(d) provide for any other matter affecting the medical

examination or examinations to be made and the

medical certificates to be issued or recognised.

(5) For the purposes of this article, ''duly qualified medical

practitioner'' means a medical practitioner authorized by law to

practice as a legally qualified medical practitioner in Malta or

unless otherwise prescribed in the country in which such certificate

is issued.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 109 Penalties. — MERCHANT SHIPPING ACT Open official source

(1) If any person is employed in any ship in

contravention of any of the provisions of articles 106 and 108 or in

contravention of any regulations made under these articles, the

master or owner of the ship shall be liable to a fine (multa) not

exceeding five hundred units, or, in the case of a second or

subsequent offence, not exceeding one thousand units; and where a

person under the age of sixteen years or a person under the age of

eighteen years is taken into employment in any ship in

contravention of the aforesaid provisions of this Act on the

production by, or with the privity of, the parent of a false or forged

certificate or on a fake representation by the parent that the person

is of an age at which such employment is not in contravention of

the said provisions, that parent shall be liable to a fine (multa) not

exceeding five hundred units.

(2) If the master of a ship fails to comply with any of the

provisions of article 107, or on being so required by the Minister or

a n o ff i c e r a u t h o r i s e d b y t h e M i n i s t e r i n t h a t b e h a l f o r a n

appropriate inspector, or any other person having power to enforce

compliance with the provisions of this Act, refuses or neglects to

produce for inspection by that officer any register as is required to

be kept by him under the article aforesaid or any certificate

delivered to him under articles 106 or 108 or in terms of any

regulations made under these articles, he shall be liable to a fine

(multa) not exceeding five hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 110 Medical examination of young persons and children. — MERCHANT SHIPPING ACT Open official source

Repealed by article 52 of Act XXII of 2000.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 111 Penalties. — MERCHANT SHIPPING ACT Open official source

Repealed by article 52 of Act XXII of 2000.

Engagement of seamen

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 112 Not lawful to engage in business of finding employment for seamen.  — MERCHANT SHIPPING ACT Open official source

Repealed by article 53 of Act XXII of 2000.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 113 Agreements with crew.  — MERCHANT SHIPPING ACT Open official source

(1) The master of every Maltese ship, other than ships

employed solely in navigation on the coasts of Malta, shall enter

into an agreement (in this Act called the "agreement with the

crew") in accordance with this Act with every seaman whom he

carries to sea as one of his crew from any port.

(2) If a master of a ship carries any seaman to sea without

entering into an agreement with him in accordance with this Act, he

shall for each offence be liable to a fine (multa) not exceeding fifty

units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 114 Form, period and conditions of agreements with crew. — MERCHANT SHIPPING ACT Open official source

(1) An agreement with the crew shall be in a form

approved by the Registrar-General and shall be dated at the time of

the first signature thereof, and shall be signed by the master before

a seaman signs his name.

(2) The agreement with the crew shall show the place at which

it is made, the surname and other names of the seaman, his

birthplace, and his age or the date of his birth, and shall contain as

terms thereof the following particulars

(a) the name of the ship on board which the seaman

undertakes to serve;

(b) either the nature and, as far as is practicable, the

duration of the intended voyage or engagement, or the

maximum period of the voyage or engagement, which

shall not exceed twelve months, and the places or parts

of the world, if any, to which the voyage or

engagement is not to extend;

(c) the number and description of the crew;

(d) if possible, the place and date at which each seaman is

to be on board or to begin work;

(e) the capacity in which each seaman is to serve;

(f)

the amount of wages which each seaman is to receive;

(g) the agreed leave, being agreed leave not less

favourable to the crew than that, if any, prescribed

under this Act;

(h) any regulations as to conduct on board and as to fines

(multa) and other lawful punishment for misconduct

which have been approved by the Minister as

regulations proper to be adopted and which the parties

agree to adopt;

(i)

any regulations as to the provisions to be provided for

seamen employed in Maltese ships;

(j)

a list of persons under the age of eighteen years and

the dates of their births.

(3) The agreement with the crew shall be so framed as to admit

of such stipulations to be adopted at the will of the master and

seaman in each case, whether respecting the advance and allotment

of wages or otherwise, as are not contrary to law.

(4) Saving any other provision of this Act, an agreement with

the crew under this article shall be terminated by -

(a) the mutual consent of the parties thereto; or

(b) the death of the seaman; or

(c) the loss or total unseaworthiness of the ship; or

(d) the sale of the ship; or

(e) the expiration of time.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 115 Special provisions as to agreements with crew.  — MERCHANT SHIPPING ACT Open official source

The following provisions shall have effect with respect to

agreements with the crew

(a) the agreement shall (subject to the provisions of this

Act as to substitutes) be signed by each seaman;

(b) the master shall cause the agreement to be read over

and explained to each seaman, or otherwise ascertain

that each seaman understands the same, before he

signs it, and shall attest each signature;

(c) when the crew is first engaged, the agreement shall be

signed in duplicate and one part shall be retained by

the master and the other shall be delivered to the

shipping master, and shall contain a special place or

form for the descriptions and signatures of substitutes

or persons engaged subsequently to the first departures

of the ship;

(d) where a substitute is engaged in the place of a seaman

who duly signed the agreement and whose services are

within twenty-four hours of the ship’s putting to sea

lost by death, desertion or other unforeseen cause, the

master shall, before the ship puts to sea, if practicable,

and if not, as soon afterwards as possible, cause the

agreement to be read over and explained to the

substitute, and the substitute shall thereupon sign the

same in the presence of a witness, and the witness

shall attest the signature;

(e) an agreement may be made for a voyage or, if the

voyages of the ship average less than six months in

duration, may be made to extend over two or more

voyages, and agreements so made to extend over two

or more voyages are in this Act referred to as "running

agreements";

(f)

a running agreement shall not extend beyond the

twelve months’ period of time next following the date

of the making of the agreement or the first arrival of

the ship at her port of destination after the termination

of that period;

(g) on every return to the port where the crew was

engaged before the final termination of a running

agreement, the master shall make on the agreement an

endorsement as to the engagement or discharge of

seamen, either that no engagements or discharges have

been made or are intended to be made before the ship

leaves port, or that all those made have been made as

required by law, and if the master wilfully makes a

false statement in any such endorsement or if he omits

to make an endorsement which he is required to make

under this paragraph, he shall for each offence be

liable to a fine (multa) not exceeding fifty units;

(h) the duplicate of the agreement retained by the master

on the first engagement of the crew as well as any

endorsements made on the agreement shall, on the

expiration of the agreement, be delivered to the

shipping master who shall retain same for a period of

five years after the expiration of the agreement;

(i)

the duplicate of the agreement delivered to the

shipping master on the first engagement of the crew

shall be kept by the shipping master until he receives

the other duplicate of the agreement retained by the

master on the expiration of same.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 116 Terms not to be contrary to the provisions of this Act.  — MERCHANT SHIPPING ACT Open official source

To the extent that any terms or conditions adopted by the

parties to an agreement with the crew are contrary to the provisions

of this Act in matters relating to wages and conditions of

employment of seamen and masters on board ships such terms and

conditions shall have no effect and the relevant provisions of this

Act shall be deemed to apply.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 117 Copy of agreement to be accessible to crew.  — MERCHANT SHIPPING ACT Open official source

The master shall, at the commencement of every voyage or

engagement, cause a legible copy of the agreement with the crew to

be posted up in some part of the ship which is accessible to the

crew, and if he fails without reasonable cause so to do he shall for

each offence be liable to a fine (multa) not exceeding ten units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 118 Forgery etc. of agreements with crew.  — MERCHANT SHIPPING ACT Open official source

If any person fraudulently alters, makes any false entry in,

or delivers a false copy of, any agreement with the crew, or assists

in committing or procures to be committed any such offence, that

person shall for each offence be liable to imprisonment for a period

not exceeding two years or to a fine (multa) not exceeding five

hundred units or to both such imprisonment and fine.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 119 Alterations in agreements with crew. — MERCHANT SHIPPING ACT Open official source

Every erasure, interlineation, or alteration in any

agreement with the crew (except additions made for the purpose of

shipping substitutes or persons engaged after the first departure of

the ship) shall be wholly inoperative unless proved to have been

made with the consent of all the persons interested in the erasure,

interlineation or alteration by the written attestation of two

witnesses.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 120 Seaman not bound to produce agreement. — MERCHANT SHIPPING ACT Open official source

In any legal or other proceeding a seaman may bring

forward evidence to prove the contents of any agreement with the

crew or otherwise to support his case without producing, or giving

notice to produce, the agreement or any copy thereof.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 121 Engagement of seamen in foreign ports.  — MERCHANT SHIPPING ACT Open official source

Repealed by article 58 of Act XXII of 2000.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 122 Deposit of list of the crew. — MERCHANT SHIPPING ACT Open official source

The master shall, every time there are changes in the crew

of a Maltese ship, deliver to the Registrar General a list of the crew

or a copy thereof

Provided that the Registrar General may exempt any ship or

class of ships from the requirement of this article, either absolutely

or subject to such conditions as he thinks fit.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 122A Use of English language. — MERCHANT SHIPPING ACT Open official source

(1) Except where otherwise provided in this Act, all

correspondence, documents, forms or other writings shall be in the

English language

Provided that a foreign language version of any document

may be appended to the English language version thereof.

(2) All written signs displayed on board a Maltese ship shall be

in the English language with, if it is considered necessary by the

master, a foreign language version appended thereto.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 122B Crew’s knowledge of English. — MERCHANT SHIPPING ACT Open official source

(1) Where in the opinion of an appropriate inspector the

crew of a Maltese ship consists of or includes persons who do not

understand orders given to them in the course of their duty because

of their insufficient knowledge of English and the absence of

adequate arrangements for transmitting the orders in a language of

which they have sufficient knowledge, the appropriate inspector

shall inform the master of his opinion and the ship shall not go to

sea and may be detained.

(2) If a ship goes to sea or attempts to go to sea in

contravention of this article, the the master, the owner or the

bareboat charterer of the ship shall be liable to a fine (multa) of five

hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 122C Conditions of service regulations. — MERCHANT SHIPPING ACT Open official source

(1) Subject to the provisions of this article and

notwithstanding the provisions of any other law or of any

regulations, rules and orders made or deemed to be made

thereunder, the conditions of service of persons employed on

Maltese ships and of Maltese citizens serving in foreign ships shall

be governed by regulations made by the Minister under this article.

(2) Without prejudice to the generality of the foregoing sub-

article, regulations made thereunder may, in particular, make

provision in respect of -

(a) apprenticeship in a calling aboard a ship;

(b) the engagement of persons on Maltese ships and the

engagement by foreign ships of Maltese citizens;

(c) the implementation of any international convention

relating to the employment, welfare, security,

certification or status of seafarers;

(d) the avoidance of agreements made contrary to such

regulations;

(e) wages in general, and the rights related thereto of

persons employed in Maltese ships, securing safe

working conditions, health and welfare for seafarers

and apprentices employed in ships;

(f)

the minimum wage payable to persons employed on

Maltese ships;

(g) the annual leave and holidays entitlement of persons

employed on Maltese ships;

(h) the maximum hours of work or the minimum hours of

rest for persons employed on Maltese ships;

(i)

the maintenance of records of daily hours of work or

of daily hours of rest of persons employed on Maltese

ships;

(j)

the maximum duration of service periods on board

Maltese ships following which a seafarer is entitled to

repatriation;

(k) the posting on board Maltese ships of a table

containing the shipboard working arrangements;

(l)

the employment of persons under the age of eighteen

years.

(3) Regulations made under this article may provide that a

person who contravenes the provisions thereof shall be liable to

such penalty as may be provided for in the regulations, being a

penalty of not more than one thousand units.

Certification of Able Seamen and Ships’ Cooks

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 123 Rating of seaman as A.B. — MERCHANT SHIPPING ACT Open official source

Repealed by Act XXXVII of 1990.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 124 Certificated cooks for certain ships.  — MERCHANT SHIPPING ACT Open official source

Repealed by Act XXXVII of 1990.

Discharge of seamen

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 125 Discharge. — MERCHANT SHIPPING ACT Open official source

(1) When a seaman serving in a Maltese ship under an

agreement with the crew is on the termination of his engagement

discharged, he shall be discharged in manner provided by this Act

Provided that this sub-article shall not apply where the

seaman is proceeding on temporary leave while remaining in the

service of the owner of the ship.

(2) If the master or owner of a ship acts in contravention of this

article he shall for each offence be liable to a fine (multa) not

exceeding ten units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 126 Certificate of discharge and return of certificates of competency. — MERCHANT SHIPPING ACT Open official source

(1) The master of a Maltese ship shall sign and give to a

seaman discharged from his ship at any place, either on his

discharge or on payment of his wages, a certificate of his discharge

in a form approved by the Minister, specifying the period of his

service and the time and place of his discharge, and if the master

fails to do so he shall for each offence be liable to a fine (multa) not

exceeding ten units.

(2) The master shall also, upon the discharge of every

certificated officer whose certificate of competency has been

delivered to and retained by him, return the certificate to the

officer, and if without reasonable cause he fails to do so he shall for

each offence be liable to a fine (multa) not exceeding twenty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 127 Reports of seamen’s character.' — MERCHANT SHIPPING ACT Open official source

Repealed by article 61 of Act XXII of 2000.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 128 False or forged certificate of discharge. — MERCHANT SHIPPING ACT Open official source

If any person

(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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 129 Discharge of seamen on change of ownership. — MERCHANT SHIPPING ACT Open official source

(1) Where a Maltese ship is transferred or disposed of,

any seaman or apprentice belonging to that ship shall be discharged

unless he consents in writing to complete the voyage of the ship if

it is continued.

(2) Where a seaman or apprentice is discharged under this

article the provisions of this Act as to the certificate of discharge

and the return of the seaman to a proper return port shall apply as if

his service had terminated otherwise than by his consent to be

discharged during the currency of the agreement.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 129A Owner responsible for return of seaman left behind at a port other than the port of engagement. — MERCHANT SHIPPING ACT Open official source

(1) Except as hereinafter provided, every agreement with

the crew shall be deemed to provide that the seaman or apprentice,

if the agreement terminates at a port other than the port of

engagement (whether by effluxion of time, or by any act of the

parties, or by shipwreck or sale of the ship, or by the inability of

the seaman or apprentice to proceed in the ship by reason of

sickness or injury or any other cause whatsoever) be returned to a

proper return port at the expense of the master or owner of the ship,

and such master or owner, whether principal or agent, shall make

such arrangements as may be necessary and defray all expenses

incurred for the return of such seaman or apprentice and such

liability shall include the cost of any maintenance and medical

treatment which is necessary for the seaman or apprentice until his

arrival at a proper return port, and such seaman or apprentice shall

not become a charge upon the Government of Malta.

(2) A seaman or an apprentice who has been left behind or

discharged from his ship as a result of his desertion, or his

imprisonment, or his inability to proceed in the ship owing to

s ic k ne s s o r i n f i r m i ty w il f u l ly co n c e a l e d a t t he ti m e o f t he

engagement, shall not be entitled to be returned at the expense of

the owner or master under sub-article (1) but such master or owner,

whether principal or agent, shall make all arrangements necessary

and defray all expenses incurred for the return of the seaman or

apprentice to a proper return port as if he was so entitled, and such

master or owner may be reimbursed his expenses out of any wages

owing to the seaman or apprentice at the time he left the ship or out

of the proceeds from the sale of any of his effects left on board or,

if this should not prove sufficient by ordinary process of law, but

such seaman or apprentice shall not become a charge upon the

Government.

(3) A registrar or a Maltese consular officer may demand a

guarantee from the master or owner (whether principal or agent) of

a ship from which a seaman or an apprentice is to be discharged or

left behind, for the proper discharge of any obligations imposed by

this article, and if this is refused he may withhold his consent to the

discharge.

(4) Where a seaman or an apprentice becomes eligible to

receive, and receives, medical aid or periodical payments at the

expense of his employer under the terms of any law providing for

compensation to injured or sick workmen such receipt shall be in

full or part payment as the case may be of the entitlement under this

article and not in addition thereto.

(5) This article shall also apply in respect of a foreign ship that

engages a seaman or an apprentice in Malta; and ''owner'' in such a

case includes any person appointed or nominated by the owner or

the charterer if the ship is on demise charter, to act as his agent and

who was so acting at the time the seaman or apprentice was

engaged.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 130 Repatriation of seamen on termination of service at foreign port. — MERCHANT SHIPPING ACT Open official source

(1) Where the service of a seaman or of an apprentice

belonging to a Maltese ship terminates otherwise than by the

consent of the seaman to be discharged during the currency of the

agreem ent , the m aster of the ship shall, besi des gi ving the

certificate of discharge required under this Act and besides paying

the wages to which the seaman or apprentice is entitled, make

adequate provision in accordance with this Act for his maintenance

and for his return to a proper return port, and if the service

terminates at a port in which there is a registrar or a Maltese

consular officer, such officer shall endorse upon the agreement with

the crew of the ship which the seaman or apprentice is leaving the

particulars of any provision so made.

(2) If the master fails, without reasonable cause, to comply

with this article, the expenses of maintenance and of the journey to

the proper return port -

(a) if defrayed by the seaman or apprentice, shall be

recoverable as wages due to him;

(b) if defrayed by any such officer as aforesaid or by any

other person, shall (unless the seaman has been guilty

of barratry) be a charge on the ship to which the

seaman or the apprentice belonged, and may also be

recovered against the person who is the owner of the

ship for the time being or, where the ship has been lost,

against the person who was the owner of the ship at the

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

to some person not being a Maltese citizen or not

being a body corporate established under the laws of

Malta either against the owner for the time being or

against the person who was the owner at the time of

the transfer, at the suit of the person defraying the

expenses, or, in the case they have been allowed out of

public money, as a debt due to the Government of

Malta.

Payment of wages

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 131 Time of payment of wages. — MERCHANT SHIPPING ACT Open official source

All wages to which a seaman may be entitled, subject to

deductions made in accordance with this Act, shall be paid before

or at the time the seaman lawfully leaves the ship at the end of his

engagement; and in the event of a seaman’s wages or any part

thereof not being so paid or settled, then, unless the delay is due to

the act or default of the seaman or to any reasonable dispute as to

liability or to any other cause not being the wrongful act or default

of the owner or master, the seaman’s wages shall, for the period the

seaman remains on board the vessel, continue to run and be payable

until the time of the final settlement thereof

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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 132 Payment of wages before shipping master.  — MERCHANT SHIPPING ACT Open official source

Repealed by article 65 of Act XXII of 2000.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 133 Master to deliver account of wages.  — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.52.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 134 Settlement of wages. — MERCHANT SHIPPING ACT Open official source

(1) Where a seaman is discharged, and the settlement of

his wages completed, he shall sign a release, in a form approved by

the Minister, of all claims in respect of the past v oyage or

engagement and the release shall also be signed by the master or

owner of the ship.

(2) The release so signed and attested shall operate as a mutual

discharge and settlement of all demands between the parties thereto

in respect of the past voyage or engagement.

(3) The release shall be delivered to and retained by the

shipping master and on production from his custody shall, until the

contrary is proved, be evidence of its contents, provided its

authenticity is proved.

(4) Notwithstanding anything in this article, a seaman may

except from the release signed by him under this article any

specified claim or demand against the master or owner of the ship,

and a note of any claim or demand so excepted shall be entered

upon the release. The release shall not operate as a discharge and

settlement of any claim or demand so noted, nor shall sub-article

(4) apply to any payment, receipt or settlement made with respect

to any such claim or demand.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 135 Deductions from wages and book to be kept for that purpose. — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.52.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 136 Notice of disrating of seaman. — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.52.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 137 Deduction and payment of fines due under agreement. — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.52.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 137A Rate of exchange. — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.52.

Rights of seamen in respect of wages

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 138 When right to wages begins. — MERCHANT SHIPPING ACT Open official source

A seaman’s right to wages and provisions shall be taken to

begin at the time at which he commences work or at the time

specified in the agreement for his commencement of work or

presence on board, whichever first happens.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 139 Right to recover wages and salvage not to be forfeited. — MERCHANT SHIPPING ACT Open official source

(1) A seaman shall not by any agreement forfeit his rights

on the ship, or be deprived of any remedy for the recovery of his

wages, to which in the absence of the agreement he would be

entitled, and shall not by any agreement abandon his right to wages

in case of the loss of the ship, or abandon any right that he may

have or obtain in the nature of salvage; and every stipulation in any

agreement inconsistent with any provision of this Act shall be void.

(2) Nothing in this article shall apply to a stipulation made by

the seamen belonging to any ship, which according to the terms of

the agreement is to be employed on salvage service, with respect to

the remuneration to be paid to them for salvage services to be

rendered by that ship to any other ship.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 140 Wages not to depend on freight. — MERCHANT SHIPPING ACT Open official source

The right to wages shall not depend on the earning of

freight; and every seaman and apprentice who would be entitled to

demand and recover any wages if the ship in which he has served

had earned freight shall, subject to all other rules of law and

conditions applicable to the case, be entitled to demand and recover

the same, notwithstanding that freight has not been earned; but in

all cases of wreck or loss of the ship, proof that the seaman has not

exerted himself to the utmost to save the ship, cargo and stores,

shall bar his claim to wages.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 141 Termination of service by wreck or loss of ship. — MERCHANT SHIPPING ACT Open official source

(1) Where by reason of the wreck or loss of the ship on

which a seaman is employed his service terminates before the date

contemplated in the agreement, he shall, subject to the provisions

of this article, be entitled, in respect of each day on which he is in

fact unemployed during a period of two months from the date of the

termination of the service, to receive wages at the rate to which he

was entitled at that date.

(2) A seaman shall not be entitled to receive wages under this

article if the owner shows that the unemployment was not due to

the wreck or loss of the ship, and shall not be entitled to receive

wages under this article in respect of any day if the owner shows

that the seaman was able to obtain suitable employment on that day.

(3) In this article "seaman" includes every person employed or

engaged in any capacity on board any ship but, in the case of a ship

which is a fishing boat, does not include any person who is entitled

to be remunerated only by a share in the profits or the gross

earnings of the working of the boat.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 142 Termination of service by illness, etc. — MERCHANT SHIPPING ACT Open official source

Where the service of a seaman terminates before the date

contemplated in the agreement by reason of his being left on shore

at any place abroad under a certificate granted as provided by this

Act of his unfitness or inability to proceed on the voyage, he shall

be entitled to wages up to the time of such termination, but not for

any longer period.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 143 Wages not to accrue during refusal to work or imprisonment. — MERCHANT SHIPPING ACT Open official source

A seaman or apprentice shall not be entitled to wages for

any time during which he unlawfully refuses or neglects to work,

when required, whether before or after the time fixed by the

agreement for his commencement of such work, nor, unless the

court hearing the case otherwise directs, for any period during

which he is lawfully imprisoned for any offence committed by him.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 144 Forfeiture of wages when illness caused by own fault. — MERCHANT SHIPPING ACT Open official source

When a seaman is by reason of illness incapable of

performing his duty and it is proved that the illness has been caused

by his own wilful act or default, he shall not be entitled to wages

for the time during which he is by reason of the illness incapable of

performing his duty.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 145 Compensation to seaman improperly discharged. — MERCHANT SHIPPING ACT Open official source

If a seaman, having signed an agreement, is discharged

otherwise than in accordance with the terms thereof before the

commencement of the voyage or before one month’s wages are

earned, without fault on his part justifying that discharge, and

without his consent, he shall be entitled to receive from the master

or owner, in addition to any wages he may have earned, due

compensation for any damage caused to him by the discharge not

exceeding one month’s wages, and that compensation shall be

treated as if it were wages duly earned.

MERCHANT SHIPPING

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 146 Restriction on assignment of, and charge upon, wages.   — MERCHANT SHIPPING ACT Open official source

As respects wages due or accruing to a seaman or

apprentice to the sea service -

(a) they shall not be subject to a garnishee order in

accordance with but subject to the provisions of article

382 of the Code of Organization and Civil Procedure;

(b) any assignment thereof made prior to the accruing

thereof shall not bind the person making the same;

(c) any authority for the receipt thereof shall not be

irrevocable;

(d) a payment of wages to the seaman or apprentice shall

be valid notwithstanding any previous assignment of

those wages.

Power of court to rescind contracts

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 147 Power of court to rescind contract between owner or master and seaman. — MERCHANT SHIPPING ACT Open official source

Where proceedings are instituted before any court in

relation to any dispute between an owner, or bareboat charterer, or

master of a ship and a seaman or apprentice arising out of or

incidental to their relation as such, or is instituted for the purpose

of this article, the court, if having regard to all the circumstances of

the case thinks just to do so, may rescind any contract between the

owner, or bareboat charterer, or master and the seaman or apprentice

upon such terms as the court may think just, and this power shall be

in addition to any other jurisdiction which the court can exercise

independently of this article.

Accommodation, Provisions and Health

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 148 Accommodation for seamen. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may make regulations with respect to

the crew accommodation to be provided in Maltese ships of a class

specified in the regulations.

(2) Without prejudice to the generality of the foregoing sub-

article, regulations made thereunder may in particular -

(a) prescribe the minimum space per person which shall

be provided by way of sleeping accommodation for

seamen and apprentices and the maximum number of

persons by whom a specified part of such sleeping

accommodation may be used;

(b) prescribe the equipment to be provided for the

sleeping accommodation, mess rooms, sanitary

accommodation and galleys in a ship;

(c) regulate the spaces in the ship in which the crew

accommodation or any part thereof may be located and

the standards to be observed in the construction,

equipment and furnishing of any such accommodation;

(d) provide for the protection of the crew against injury,

condensation, heat, cold and noise on a ship;

(e) prescribe the water, heating, lighting, ventilation and

sanitary facilities to be provided on a ship;

(f)

require the submission to a surveyor of ships of plans

and specifications of any works proposed to be carried

out for the purpose of the provision or alteration of any

such accommodation, and authorise the surveyor to

inspect any such works;

(g) provide for the maintenance and repair of any such

accommodation and prohibit or restrict the use of any

such accommodation for purposes other than those for

which it is designed; and

(h) provide for the inspection, measuring and marking of

crew accommodation on a ship and its certification for

the purpose of ascertaining tonnage.

(3)

Regulations made under this article may -

(a) make different provision with respect to different

classes of ships or with respect to ships which were

registered in Malta at different dates or the

construction of which was begun at different dates and

with respect to crew accommodation provided for

seamen and apprentices of different descriptions;

(b) exempt any ship or class of ships from any

requirements of the regulations, either absolutely or

subject to such conditions as the Minister thinks fit;

(c) require the master of a ship or any officer authorised

by him for the purpose to carry out such inspections of

the crew accommodation as may be prescribed.

(4) If the provisions of any regulations made under this article

are contravened in the case of a ship, the owner, or bareboat

charterer, or master of the ship shall be liable to a fine (multa) not

exceeding five hundred units.

(5) Regulations under this article may be made by reference in

whole or in part to the requirements of the Maritime Labour

Convention, 2006 of the International Labour Organisation, including

any revisions thereof.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 149 Provisions and water. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may make regulations requiring

provisions and water to be provided for persons employed in

Maltese ships or any class of ships as may be specified in the

regulations.

(2) The Minister may exempt any ship or class of ships from

any requirements of regulations made under this article, either

absolutely or subject to such conditions as he thinks fit.

(3) Where the provisions of any regulations made under this

article are not complied with in the case of a ship master, or owner

or bareboat charterer s h a l l b e l i a b l e , i n a d d i t i o n t o p a y i n g

compensation under article 150A, to a fine (multa) not exceeding

one thousand units unless he proves that the failure to comply was

not due to his neglect or default.

(4)

Where a person empowered under this Act to inspect the

provisions and water to be supplied to the persons employed in a

Maltese ship is not satisfied that they are in accordance with

regulations made under this article, he shall inform the master of

the ship of his opinion, and the ship’s certificate of registry,

whether provisional or otherwise, may be suspended until the

defects are remedied.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 150 Complaint as to provisions or water. — MERCHANT SHIPPING ACT Open official source

(1) Where three or more members of the crew of a

Maltese ship consider that the provisions or water provided for the

use of the crew are, at any time, of bad quality or deficient in

quantity, they may complain thereof to a registrar or a Maltese

consular officer or an appropriate inspector, who may either

examine the provisions or water complained of, or cause them to be

examined.

(2) Where the person making an examination under this article

finds that the provisions or water are of bad quality or deficient in

quantity, he shall communicate that fact in writing to the master of

the ship, and if the master does not replace them with provisions or

water fit for human consumption within a reasonable time or,

without reasonable excuse, permits them to be used, he shall be

liable to a fine (multa) not exceeding one thousand units unless he

proves that the failure to replace them or permit them to be used

was not due to his neglect or default.

(3) The person making the examination shall enter a statement

of the result of the examination in the official log book and send a

report thereof to a registrar, and that report shall be admissible in

evidence in the manner provided by this Act.

(4) Where the person making the examination certifies in his

statement that there was no reasonable ground for complaint, each

of the complainants is liable to forfeit to the owner out of his wages

a sum not exceeding one week’s wages.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 150A Allowance for short or bad provisions. — MERCHANT SHIPPING ACT Open official source

(1) If during the voyage of a Maltese ship the allowance

of provisions provided for a person is less than that prescribed or

any of those provisions are of bad quality, the person shall receive

by way of compensation for the deficiency or bad quality, for so

long as it lasts, such amounts as may be prescribed to be paid to

him in addition to, and to be recoverable as, wages.

(2) Where the deficiency occurred because the provisions

could not be procured or supplied in proper quantities and proper

e q ui v a l e n t su b s t i t ut e s w e r e su p p li e d i n l i e u t h e r e of , th o s e

circumstances shall be taken into consideration for the purposes of

sub-article (1) and the compensation reduced or denied

accordingly.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 151 Weights and measures on board.  — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.56.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 152 Medical stores regulations. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may make regulations protecting the

health of persons on board Maltese ships and requiring Maltese

ships to carry such medicines, medical stores, equipment, facilities,

appliances and books containing instructions and advice, as may be

specified in the regulations, and the regulations may make different

p r o v i s i o n s f o r d i ff e r e n t d e s c r i p t i o n s o f s h i p s o r d i ff e r e n t

circumstances.

(2) The owner, or bareboat charterer and master of every

Maltese ship shall ensure that the ship carries medicines, medical

stores, equipment, facilities, appliances and books in accordance

with the scales laid down under sub-article (1).

(3) Where an appropriate inspector is of the opinion that the

medicines, medical stores, equipment, facilities, appliances and

books on a Maltese ship are deficient in quantity or quality or are

placed in improper receptacles, he shall give notice in writing to

the master, owner, bareboat charterer, or agent of the ship, and the

ship’s certificate of registry, whether provisional or otherwise, may

be suspended until the default has been remedied

Provided that if the master, or owner or bareboat charterer of

the ship fails to remedy the default and comply with the

requirements of this article, the master, or owner or bareboat charterer

shall be liable to a fine (multa) not exceeding five hundred units

unless he proves that the non-compliance was not caused through

his inattention, neglect or wilful default.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 153 Occupational safety regulations. — MERCHANT SHIPPING ACT Open official source

(1) Notwithstanding the provisions of any other law the

Minister may make regulations for securing, as far as is practicable,

safe working conditions and safe means of access for persons

employed in Maltese ships.

(2) Without prejudice to the generality of sub-article (1) and to

any provision of this Act, or any regulations, rules or orders made

thereunder, regulations under this article may -

(a) make provisions for -

(i)

the structural features of the ship,

(ii)

any machinery or equipment used on board,

(iii)

special safety measures on and below deck,

(iv)

any loading equipment,

(v)

fire-fighting and fire prevention,

(vi)

any anchors, chains and lines,

(vii) dangerous cargo and ballast, and

(viii) personal protective equipment;

(b) require the maintenance, inspection and testing of any

equipment and impose conditions on its use;

(c) require, prohibit, or regulate the use of any material or

process;

(d) require the provision and use of any protective

clothing or equipment;

(e) limit the hours of employment of masters, seamen and

apprentices in any specified operation or in any

specified circumstances;

(f)

make provision for the discharge by persons appointed

from among the persons employed in a ship, of

functions in connection with the arrangements to be

made under regulations; and

(g) make

provision

specifying

the

respective

responsibilities and duties of the Authority, owners,

masters, seamen, pilots and apprentices in the

prevention of accidents at sea.

(3) Regulations made under this article may provide that a

person who contravenes the provisions thereof shall be liable to

such penalty as may be provided for in the regulations, being a

penalty of not more than one thousand units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 154 Appropriate inspectors. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may charge such persons as he may

deem proper (in this Act referred to as “appropriate inspectors”)

with ensuring compliance with the provisions of this Act relating to

ships, their operation, crew, equipment, accommodation, provisions

and water and conditions on board, and in so doing may in

particular charge an appropriate inspector either with ensuring

compliance with the provisions of this Act in general or of any

particular provision or provisions thereof.

(2) Appropriate inspectors shall perform their duties according

to instructions given from time to time by the Minister, and in the

performance of their duties they may-

(a) go on board any ship and inspect the same or any part

thereof or any article on board to which the aforesaid

provisions of this Act apply;

(b) require the production of all books, certificates

(including certificates of competency), papers or

documents which they consider important;

(c) require the attendance of such persons as they think fit

to call before them and examine, and administer the

oath to, such persons.

(3) If any person obstructs an appropriate inspector in the

performance of his duty, or refuses or neglects to attend as a

witness before him after having been required to do so, or refuses

to make any answer or to produce any document in his possession,

that person shall for each offence be liable to fine (multa) not

exceeding one hundred units.

(4) The Minister may by regulations under this Act, provide

that appropriate inspectors shall carry such identity card showing

such details and containing such information as may be prescribed.

Facilities for making complaint

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 155 Facilities for making complaint. — MERCHANT SHIPPING ACT Open official source

(1) If a seaman or apprentice whilst on board states to the

master of the ship his desire to make a complaint to the shipping

master, or to an appropriate inspector, or to a Maltese consular

officer, against the master or any of the crew, the master shall, so

soon as the service of the ship will permit -

(a) if the ship is at a place where there is any such person

as aforesaid to whom the complaint is to be made, after

such statement; and

(b) if the ship is not then at such place, after her first

arrival at such a place,

allow the complainant to go ashore or send him ashore in proper

custody so that he may be enabled to make his complaint.

(2) If the master of a ship fails without reasonable cause to

comply with this article, he shall for each offence be liable to a fine

(multa) not exceeding ten units.

Deceased and distressed seamen and seamen left behind

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 156 Effects and wages of deceased seamen.  — MERCHANT SHIPPING ACT Open official source

If any seaman or apprentice belonging to a Maltese ship

dies while he belongs to that ship, the following provisions shall

have effect with respect to any money or effects belonging to the

seaman or apprentice and to any wages due to him

(a) the master of the ship shall take charge of any moneys

or effects belonging to the seaman or apprentice which

are on board;

(b) if the seaman or apprentice dies while the ship is in

Malta, the shipping master, and in any other case, the

Maltese consular officer at or near the place of the

occurrence, shall claim and take charge of any such

money or effects which are at such place and not on

board the ship;

(c) the shipping master or the Maltese consular officer

may, if he thinks fit, sell any of the property delivered

to him, or of which he takes charge, under this article,

and the proceeds of any such sale shall be deemed to

form part of the said property;

(d) the master of the ship shall enter in the official log

book

(i)

a statement of the amount of the money and a

description of the effects;

(ii) a statement of the sum due to the deceased for

wages and the amount of deduction, if any, to be

made from the wages, and the entry shall be

signed by the master and attested by a mate and

some other member of the crew;

(e) the master shall pay and deliver all such property and

MERCHANT SHIPPING

wages to the shipping master, if his port of destination

is in Malta, within forty-eight hours after his arrival at

that port, and in any other case, to the Maltese

consular officer of the first port, at which the ship

touches and remains for forty-eight hours, in which

there is such an officer;

(f)

a consular officer taking charge or receiving any such

property and wages shall remit the same to the

Minister or shall deal with such property and wages as

the Minister directs;

(g) in all cases in which a seaman or apprentice dies

during the progress of a voyage or engagement, the

master shall give to the shipping master or consular

officer to whom payment and delivery are made as

aforesaid, such account and in such form as they may

require of the property of the deceased and of any

wages due to him, and no deduction claimed by the

master shall be allowed unless claimed in such account

and unless verified by an entry in the official log book

made and attested as required by this Act;

(h) if the master of the ship fails to comply with this

article, he shall be accountable for the property to the

Minister and shall deliver and pay the same

accordingly, and shall in addition be liable for each

offence to a fine (multa) not exceeding treble the value

of the property not accounted for or, if such value is

not ascertained, not exceeding fifty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 157 Effects and wages of seamen left behind.  — MERCHANT SHIPPING ACT Open official source

(1) If a seaman or apprentice belonging to a Maltese ship

is left behind, the master of the ship shall -

(a) as soon as may be enter in the official log book a

statement of the property left on board by the seaman

or apprentice and of the amount due to him on account

of wages at the time he was left behind; and

(b) on the termination of the voyage during which the

seaman or apprentice was left behind, furnish, within

forty-eight hours after the arrival of the ship at the port

at which the voyage terminates, the shipping master, if

the voyage terminates in Malta, or, if the voyage

terminates at a port in which there is a Maltese

consular officer, to such officer, such accounts and in

such form as they may require of the property left on

board by the seaman or apprentice and of any wages

due to him, as well as of the deductions, if any, to be

made from such wages, and of any expenses caused to

the master or owner of the ship by the absence of the

seaman where the absence is due to desertion, neglect

to join his ship or other conduct constituting offence

under article 171.

(2) The master of the ship shall deliver to the officer to whom

the account aforesaid is made the property of the seaman or

apprentice as shown in that account and, subject to any deductions

or expenses allowed under this article, the amount due for wages as

shown in that account; and that officer shall give to the master a

receipt therefor.

(3) No deduction claimed by the master shall be allowed unless

claimed in such account and verified by an entry in the official log

book made and attested as required by this Act; and no expenses

claimed by the master or owner shall be allowed unless claimed in

the account aforesaid and appear to the officer receiving the

account to be properly chargeable and, when so required by him,

verified by vouchers.

(4) The officer to whom payment and delivery as aforesaid

have been made shall remit the property and any amount received

on account of wages under this article to the Minister or deal with

such property and wages in such manner as the Minister directs.

(5) If the master of a ship fails without reasonable cause to

comply with this article, he shall (in addition to any other liability)

be liable for each offence to a fine (multa) not exceeding fifty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 158 Expenses of medical attendance in case of injury or illness. — MERCHANT SHIPPING ACT Open official source

(1) If the master of, or a seaman or apprentice belonging

to, a Maltese ship receives any hurt or injury in the service of the

ship, or suffers from any illness (not being an illness due to his own

wilful act or to his own misbehaviour), the expenses of providing

the necessary surgical and medical advice and attendance and

medicine, and also the expenses of the maintenance of the master or

seaman or apprentice until he is cured, dies, or is returned to a

proper return port, including any period during which he is

unemployed after he has been cured and before he has been

returned to a proper return port, and of his conveyance to the port,

and, in the case of death, the expenses, if any, of the repatriation of

the deceased and his burial, shall be defrayed by the owner of the

ship, without any deduction on that account from his wages

Provided that an owner shall not be liable by virtue of this

article to pay the expenses of the maintenance of any person during

any period after he has been cured or of his conveyance to a proper

return port if he shows that that person has failed to accept suitable

employment on board a Maltese ship proceeding within a

reasonable time to a proper return port or had failed to comply with

any other reasonable arrangements made for his return to a proper

return port.

(2) If the master or seaman or apprentice is, on account of any

illness, temporarily removed from his ship for the purpose of

preventing infection, or otherwise for the convenience of the ship,

and subsequently returns to his duty, the expenses of the removal

a n d o f p r o v i d i n g t h e n e c e s sa r y a d v i c e a n d a t t e n d a n c e a n d

medicine, and of his maintenance while away from the ship shall be

defrayed in like manner.

(3) The expenses of all medicines, surgical and medical advice

and attendance given to a master or seaman or apprentice whilst on

board his ship shall be defrayed in like manner.

(4) In all other cases any reasonable expenses duly incurred by

the owner or bareboat charterer for any seaman or apprentice in

respect of illness, and also any reasonable expenses duly incurred

by the owner or bareboat charterer in respect of the repatriation of the

deceased and of the burial of any seaman or apprentice who dies

whilst on service shall, if duly proved, be deducted from the wages

of the seaman or apprentice.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 159 Recovery of expenses from owner. — MERCHANT SHIPPING ACT Open official source

(1) If any of the expenses attendant on the illness, hurt or

injury of a seaman or apprentice, which are to be paid under this

Act by the master or owner, or bareboat charterer are paid by any

authority on behalf of the Government of Malta, or if any other

expenses in respect of the illness, hurt or injury of any seaman or

apprentice whose wages are not accounted for under this Act to that

authority, are so paid, those expenses shall be repaid to the

authority by the master or owner or bareboat charterer of the ship.

(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.

(3) In any proceeding for such recovery, a certificate of the

facts signed by that authority, together with such vouchers (if any)

as the case requires, shall be sufficient proof that the said expenses

were duly paid by that authority.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 160 Certificate required where seaman is left behind. — MERCHANT SHIPPING ACT Open official source

(1) The master of a Maltese ship shall not leave a seaman

or an apprentice behind at any place, ashore or at sea (except where

the seaman is discharged in accordance with this Act), unless he

previously obtains, endorsed on the agreement with the crew the

certificate of the shipping master or of a Maltese consular officer

stating the cause of the seaman or apprentice being left behind,

whether the cause be unfitness or inability to proceed to sea,

desertion, disappearance, or otherwise.

(2) The officer to whom an application is made for a certificate

under this article shall examine into the grounds on which a seaman

or an apprentice is to be left behind, and for that purpose may, if he

thinks fit, administer oaths, and may grant or refuse the certificate

as he thinks just, but the certificate shall not be unreasonably

withheld.

(3) If the master of a ship fails to comply with this article he

shall (without prejudice to his liability under any other provision of

this Act) be liable for each offence to imprisonment for a period not

exceeding two years or to a fine (multa) not exceeding five hundred

units or to both such imprisonment and fine, and in any legal

proceedings for the offence it shall lie on the master to prove that

the certificate was obtained, or could not be obtained, or could not

be obtained without unreasonable delay to the ship, or was

unreasonably withheld.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 161 Account and payment of wages in case of seaman left behind. — MERCHANT SHIPPING ACT Open official source

(1) Where a master of a Maltese ship leaves a seaman or

an apprentice behind on shore at any place on the ground of his

unfitness or inability to proceed to sea, he shall deliver in duplicate

to the officer giving the certificate required by this Act a full and

true account of the wages due to the seaman or apprentice.

(2) The master shall pay the amount of wages due as aforesaid

either to the seaman or apprentice himself, or to the said officer.

(3) Where payment is made to the shipping master or to a

consular officer, that officer shall retain one duplicate of the

account delivered to him and, if satisfied with the account, endorse

on the other duplicate a receipt for the payment and return it to the

master, and the master shall deliver the duplicate within forty-eight

hours of his return to his port of destination, if that port is in Malta,

to the shipping master, and in any other case to the Maltese

consular officer of that port.

(4) If the master fails without reasonable cause to comply with

this article or knowingly delivers a false account, he shall for each

offence be liable to a fine (multa) not exceeding twenty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 162 Application of payments on account of wages. — MERCHANT SHIPPING ACT Open official source

Where the amount of wages due to a seaman or to an

apprentice left behind on the ground of unfitness or inability to

proceed to sea is paid to the shipping master or to a consular

officer, that officer shall deal with the sum so paid to him in the

following manner

(a) if the seaman or apprentice subsequently obtains

employment at or quits the port at which the payment

has been made, he shall deduct out of the sum any

expenses incurred by him in respect of his

maintenance, except such as the owner or bareboat

charterer or master is by this Act required to defray,

and shall pay the remainder to the seaman or

apprentice and deliver to him an account of the sums

so received and expended on his behalf;

(b) if the seaman or apprentice dies he shall deal with the

sum as part of the property of a deceased seaman;

(c) if the seaman or apprentice is sent to a proper return

port at public expense he shall account for the sum to

the Minister.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 163 Regulations as to relief and maintenance of distressed seamen. — MERCHANT SHIPPING ACT Open official source

The Minister may make regulations with respect to the

relief, maintenance and return to a proper return port of

shipwrecked seamen and apprentices and of seamen and

apprentices found otherwise in distress in any place and may by

those regulations make such conditions as he thinks fit with regard

to that relief, maintenance and sending to a proper return port; and

where the regulations so provide, any payment made thereunder

shall be a charge on the Consolidated Fund.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 164 Provision for relief and maintenance of distressed seamen. — MERCHANT SHIPPING ACT Open official source

Where either -

(a) any seaman or apprentice, whether a citizen of Malta

or not, is found in any place and has been shipwrecked

from a Maltese ship, or, by reason of having been

discharged or left behind from any such ship, is in

distress in that place; or

(b) any seaman or apprentice, being a citizen of Malta

who has been engaged to serve in a ship belonging to

the government of, or registered in, any foreign

country, is in distress in any place,

the Maltese consular officer at that port, or such person as may be

designated in the regulations, shall in accordance with and on the

conditions prescribed by those regulations, provide in accordance

with this Act for the return of those seamen or apprentices to a

proper return port and also provide for their necessary clothing and

their maintenance until their departure for such port and, in case of

death, for the repatriation of the deceased and for his burial expenses

and, in addition, in the case of shipwrecked seamen or apprentices,

for the repayment of any expenses incurred in their conveyance to a

port after their shipwreck and their maintenance while being so

conveyed.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 165 Recovery of expenses of relief of distressed seamen. — MERCHANT SHIPPING ACT Open official source

(1) Where any expenses (other than excepted expenses as

defined by this art icle) are i ncurred by or on behalf of the

Government of Malta, or are incurred by the government of a

foreign country and are repaid or repayable to that government by

or on behalf of the Government of Malta, on account of a distressed

seaman or apprentice, either for his maintenance, necessary

clothing, conveyance to a proper return port or, in case of death, for

the repatriation of the deceased and his burial, or otherwise in

accordance with this Act, those expenses (together with the wages,

if any, due to the seaman or apprentice) shall be a charge upon the

ship, whether Maltese or foreign, to which the distressed seaman or

apprentice belonged, and shall be recoverable as a debt due to the

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

of the ship for the time being or the bareboat charterer or, where the

ship has been lost, from the person who was the owner of the ship

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

some person not being a Maltese citizen or not being a body

corporate established under the laws of Malta, either from the

owner for the time being or from the person who was the owner of

the ship at the time of the transfer, and also, if the ship is a foreign

ship, from the person who, whether as principal or as agent,

engaged the seaman or apprentice for service in the ship.

(2) In any proceedings for such recovery, a certificate of the

expenses signed by the person defraying the expenses together with

such vouchers (if any) as the case requires, shall be sufficient proof

that the said expenses were duly paid.

(3) For the purposes of this article, "excepted expenses" are

expenses incurred in cases where the certificate obtained under this

Act on leaving a seaman or apprentice behind states, or the

Minister is otherwise satisfied, that the cause of the seaman or

apprentice being left behind is desertion, disappearance,

imprisonment for misconduct or discharge from his ship by a

competent court on the ground of misconduct, and expenses

incurred on account of the return to the proper port of a distressed

seaman or apprentice who has been discharged at the port at which

he was shipped or at some neighbouring port.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 166 Penalty for forcing men ashore.  — MERCHANT SHIPPING ACT Open official source

A person belonging to a Maltese ship shall not wrongfully

force a seaman or an apprentice on shore and leave him behind or

otherwise cause a seaman or an apprentice to be wrongfully left

behind at any place, either on shore or at sea, and if he does so he

shall for each offence be liable to imprisonment for a period not

exceeding two years or to a fine (multa) not exceeding five hundred

units or to both such imprisonment and fine.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 167 Mode of providing for return. — MERCHANT SHIPPING ACT Open official source

(1) A seaman or apprentice may be sent to a proper return

port by any reasonable route.

(2) Provision may be made for the return of a seaman or

apprentice, if he is fit to work, by providing him with suitable

employment on board a ship, proceeding to a proper return port,

which is in want of men to make up its complement, or, if that is

not practicable, by providing him with a passage in any ship or

aircraft, or with the money for his passage, and, as to any part of

the route which is by land, by paying the expenses of his journey

and of his maintenance during the journey, or providing him with

the means to pay those expenses.

(3) Where the master of a ship is required by this Act to

provide for the return of a discharged seaman or apprentice to a

proper return port, the master may, instead of providing the passage

or the expenses of his journey, or of providing him with the means

to pay his passage or those expenses, deposit with the officer whose

sanction or certificate is required under this Act such sum as that

officer considers sufficient to defray the expenses of the return of

the seaman or apprentice to a proper return port.

(4) Where a seaman or apprentice is repatriated as a member of

a crew, he shall be entitled to the appropriate remuneration for

work done during the voyage.

(5) If any question arises as to what return port a seaman or

apprentice is to be sent in any case, or as to the route by which he

should be sent, that question shall be decided by the officer

aforesaid, and in deciding any question under this provision, that

officer shall have regard both to the convenience of the seaman or

apprentice and to the expenses involved and also, where that is the

case, to the fact that a ship which is in want of men to make up its

complement is about to proceed to a proper return port or to a port

in the vicinity thereof; but nothing in this article shall relive the

owner from the obligation and expense of returning the seaman or

apprentice to his proper return port.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 168 Provisions as to taking distressed seamen on ships. — MERCHANT SHIPPING ACT Open official source

(1) Where a distressed seaman or apprentice is, for the

purposes of his return to a proper return port, placed on board a

Maltese ship, the officer by whom he is so placed shall endorse on

the agreement with the crew of the ship the name of the seaman or

apprentice so placed on board, together with any particulars

directed to be endorsed by the the regulations.

(2) The master of every Maltese ship shall receive on board his

ship, and afford a passage and maintenance to, all distressed

seamen or apprentices whom he is required under this Act to take

on board his ship, not exceeding one for every fifty nett tons, and

shall during the passage provide every such distressed seaman or

apprentice with a proper berth or sleeping place, effectually

protected against sea and weather.

(3) On the production of a certificate, signed by the officer by

whose direction any such distressed seaman or apprentice was

received on board, specifying the number and names thereof and

the time when each of them was received on board, and on a

declaration made by the master before any officer authorised to

administer oaths, stating a number of days during which each

distressed seaman or apprentice has received maintenance, and

stating the full complement of his crew and the actual number of

seamen employed on board his ship, and any variation in that

number, whilst the distressed seamen or apprentices received

maintenance, the master shall be entitled to be paid, in respect of

the maintenance and passage of every seaman or apprentice so

conveyed, maintained and provided for by him, exceeding the

number (if any) wanted to make up the complement of his crew,

such sum per diem as the Minister allows.

(4) If any master of a Maltese ship fails without reasonable

cause to comply with this article in the case of any distressed

seaman or apprentice, he shall for each offence be liable to a fine

(multa) not exceeding one hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 168A Provision of insurance policy. — MERCHANT SHIPPING ACT Open official source

(1) Without prejudice to any other interpretation that may

be given, other than for the purposes of this article, the terms

"seaman", "seamen", "crew", "member of the crew", "members of

the crew", and "crew member" shall include a master of a ship and

any other person serving on a ship.

(2) Subject to the provisions of this article and to other

provisions of this Act, the provisions of the Social Security Act or

any enactment replacing that Act, shall not apply in respect of

foreign seamen employed on Maltese ships.

(3) The owner shall maintain an insurance policy issued by

such insurer or class of insurers approved by the Registrar-General

in respect of every member of the crew of his ship to cover

(a) liability to pay hospital, medical, maintenance, funeral

and other expenses incurred in relation to the injury to,

or illness or death of, a member of the crew;

(b) liability to repatriate and to compensate a member of

the crew for the loss of his employment caused in

consequence of the actual or constructive total loss of

the ship or of a major casualty rendering the ship

unseaworthy and necessitating the signing off of the

crew;

(c) liability to pay compensation or damages in

accordance with Maltese Law and practice in relation

to the injury to, or illness or death of, a member of the

crew;

(d) liability for wages payable to an injured or sick

member of the crew or on death to his estate;

(e) liability in respect of loss of or damage to the personal

effects of a crew member.

(4) The Minister may make regulations as appear to him to be

necessary regulating the maintenance of an insurance policy as

required by sub-article (3) and the compensation to be paid in case

of injuries or death sustained by members of the crew.

(5) In the case of a Maltese member of the crew, no benefits

under the Social Security Act or any enactment replacing that Act,

shall be forfeited because any compensation as is mentioned under

sub-articles (3) and (4) is granted to the crew member or his

survivors.

(6) Regulations made under this article may provide that a

person who contravenes the provisions thereof shall be liable to

such penalty as may be provided for in the regulations, being a

penalty of not more than one thousand units.

Provisions as to discipline

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 169 Powers of the master to enforce discipline. — MERCHANT SHIPPING ACT Open official source

(1) The master has authority over his crew, his passengers

and persons on board, to enforce obedience to his lawful commands

for the navigation and management of his ship and the preservation

of good order on board.

(2) The master may, where he has reasonable cause to believe

and in fact believes that it is necessary for the preservation of order

and discipline, or for the safety of the vessel or the persons or

property on board, arrest and confine, or cause the arrest and

confinement of, any person on board his ship in a reasonable

manner and for such time as may be reasonable in the

circumstances.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 170 Misconduct endangering life on ship.  — MERCHANT SHIPPING ACT Open official source

If a master, seaman or apprentice belonging to a Maltese

ship, by wilful breach of duty or by neglect of duty or by reason of

drunkenness -

(a) does any act tending to the immediate loss, destruction

or serious damage of the ship, or tending immediately

to endanger the life or limb of a person belonging to or

on board the ship; or

(b) refuses or omits to do any lawful act proper and

requisite to be done by him for preserving the ship

from immediate loss, destruction or serious damage, or

for preserving any person belonging to or on board the

ship from immediate danger to life or limb,

he shall for each offence be liable to imprisonment for a period not

exceeding two years or to a fine (multa) not exceeding five hundred

units or to both such imprisonment and fine.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 171 Desertion and absence without leave.  — MERCHANT SHIPPING ACT Open official source

If a seaman lawfully engaged, or an apprentice to the sea

service, belonging to a Maltese ship commits any of the following

offences he shall be liable to be punished as follows

(a) if he deserts from his ship he shall be guilty of the

offence of desertion and shall be liable to forfeit all or

any part of the effects he leaves on board and of the

wages which he has then earned and also of the wages

he may earn in any other ship in which he may be

employed until his next return to Malta or to the port at

which he was engaged, and to satisfy any excess of

wages paid by the master or owner or bareboat charterer

of the ship to any substitute engaged in his place at a

higher rate of wages than the rate stipulated to be paid

to him;

(b) if he neglects, or refuses without reasonable cause, to

join his ship, or to proceed to sea in his ship, or is

absent without leave at any time within twenty-four

hours of the ship’s sailing from a port, either at the

commencement or during the progress of a voyage, or

is absent at any time without leave and without

sufficient reason from his ship or from his duty, he

shall, if the offence does not amount to desertion, or is

not treated as such by the master, be guilty of the

offence of absence without leave, and be liable to

forfeit out of his wages a sum not exceeding two days’

pay, and in addition for every twenty-four hours of

absence, either a sum not exceeding six days’ pay, or

any expenses properly incurred in hiring a substitute.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 172 Power of court to order offender to be taken on board ship. — MERCHANT SHIPPING ACT Open official source

Repealed by article 18 of Act XXIV of 1986.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 173 General offences against discipline. — MERCHANT SHIPPING ACT Open official source

(1) If a seaman lawfully engaged, or an apprentice to the

sea service, belonging to a Maltese ship commits any of the

following offences, in this Act referred to as "offences against

discipline", he shall be liable to be punished as follows

(a) if he quits the ship without leave after her arrival at her

port of delivery and before she is placed in security, he

shall be liable to forfeit out of his wages a sum not

exceeding one month’s pay;

(b) if he is guilty of wilful disobedience to any lawful

command, he shall be liable to forfeit out of his wages

a sum not exceeding two days’ pay;

(c) if he is guilty of continued wilful disobedience to

lawful commands or continued wilful neglect of duty,

he shall be liable to forfeit for every twenty-four

hours’ continuance of disobedience or neglect either a

sum not exceeding six days’ pay or any expenses

properly incurred in hiring a substitute;

(d) if he assaults the master or any mate or certificated

engineer of the ship, he shall be liable to imprisonment

for a period not exceeding twelve weeks;

(e) if he combines with any of the crew to disobey lawful

commands, or to neglect duty, or to impede the

navigation of the ship or the progress of the voyage, he

shall be liable to forfeit a sum not exceeding twelve

weeks’ pay;

(f)

if he wilfully damages his ship or wilfully damages

any of her stores or cargo, he shall be liable to forfeit

out of his wages a sum equal to the loss thereby

sustained and also, at the discretion of the court, to

imprisonment for a period not exceeding twelve

weeks.

(2) If a seaman or an apprentice as aforesaid is convicted of

any act of smuggling whereby loss or damage is occasioned to the

master, or owner or bareboat charterer of the ship, he shall be liable

to pay to that master, or owner or bareboat charterer a sum sufficient

to reimburse the loss or damage; and the whole or a proportionate

part of his wages may be retained in satisfaction or on account of

that liability, without prejudice to any further remedy.

(3) Nothing in this article or in article 171 shall take away or

limit any remedy which an owner, or master, or bareboat charterer

would but for those provisions have for any breach of contract or

otherwise in respect of the matters constituting an offence under

those articles, but an owner, or master, or bareboat charterer shall not

be compensated more than once in respect of the same damage.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 174 Penalty for false statement as to last ship or name. — MERCHANT SHIPPING ACT Open official source

If a seaman on or before being engaged wilfully and

fraudulently makes a false statement of the name of his last ship or

alleged last ship, or of his own name, he shall for each offence be

liable to a fine (multa) not exceeding twenty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 175 Entry of offences in official log. — MERCHANT SHIPPING ACT Open official source

If any offence, within the meaning of this Act, of desertion

or absence without leave or against discipline is committed, or if

any act of misconduct is committed for which the offender ’s

agreement imposes a fine and it is intended to enforce the fine -

(a) an entry of the offence or act shall be made in the

official log book and signed by the master and also by

the mate or one of the crew;

(b) the offender, if still on the ship, shall before the next

subsequent arrival of the ship at any port, or, if she is

at the time in port, before her departure therefrom,

either be furnished with a copy of the entry or have the

same read over distinctly and audibly to him, and may

thereupon make such reply as he thinks fit;

(c) a statement of a copy of the entry having been so

furnished or of the entry having been so read over and,

in either case, of the reply (if any) made by the

offender shall likewise be entered and signed in

manner aforesaid; and

(d) in any subsequent legal proceedings the entries by this

article required shall, if practicable, be produced or

proved, and in default of that production or proof the

court hearing the case may, at its discretion, refuse to

receive evidence of the offence or act of misconduct.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 176 Entries and certificates of desertion abroad. — MERCHANT SHIPPING ACT Open official source

(1) In every case of desertion from a ship in any port

abroad the master shall produce the entry of the desertion in the

official log book to the person by this Act authorised to grant

certificates for leaving seamen behind abroad; and that person shall

thereupon make and certify a copy of the entry.

(2) The copy shall be forthwith transmitted to the Registrar-

General by the person by whom the copy is made and certified; and

such copy shall, until the contrary is proved, be evidence of its

contents, provided its authenticity is proved.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 177 Register of deserters. — MERCHANT SHIPPING ACT Open official source

The shipping master shall keep at his office a list of the

seamen who, to the best of his knowledge and belief, have deserted

or failed to join their ships after signing an agreement to proceed to

sea in them, and shall on request show the list to a master of a ship,

and shall not be liable in respect of any entry made in good faith in

the list.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 178 Facilities for proving desertion in proceedings for forfeiture of wages. — MERCHANT SHIPPING ACT Open official source

(1) Whenever a question arises whether the wages or

effects of any seaman or apprentice are forfeited for desertion from

a ship, it shall be sufficient for the person insisting on the forfeiture

to show that the seaman or apprentice was duly engaged in or

belonged to the ship, and either that he left the ship before the

completion of the voyage or engagement, or, if the voyage was to

terminate in Malta and the ship has not returned, that he is absent

from her, and that an entry of his desertion has been duly made in

the official log book.

(2) The desertion shall thereupon, so far as relates to any

forfeiture of wages or effects under this Part of this Act, be deemed

to be proved unless the seaman or apprentice can produce a proper

certificate of discharge or can otherwise show to the satisfaction of

the court that he had sufficient reasons for leaving his ship.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 179 Nature and application of forfeitures. — MERCHANT SHIPPING ACT Open official source

(1) Save as hereinafter provided, any punishment not

restrictive of personal liberty provided for by article 171 and by

sub-article (1) of article 173, shall be treated as a fine (multa).

(2) Where any wages or effects are forfeited for desertion from

a ship, those effects may be converted into money, and those wages

and effects, or the money arising from the conversion of those

effects, shall, subject to the reimbursement of the expenses caused

by the desertion of the offender to the master or owner of the ship,

be paid to the registrar of the court ordering that forfeiture.

(3)

For the purposes of the reimbursement of the expenses

aforesaid, the master or owner, or his agent, or bareboat charterer

may, if the wages are earned subsequently to the desertion, recover

them in the same manner as the deserter could have recovered them

if not forfeited; and the court in any legal proceeding relating to

such wages may order them to be paid accordingly.

(4) Where any wages are forfeited for damage caused to the

ship, or to her stores or cargo, the forfeiture shall be for the benefit

of the master, or owner or bareboat charterer by whom the wages are

payable.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 180 Forfeitures and deductions may be determined in suits for wages. — MERCHANT SHIPPING ACT Open official source

Any question concerning the forfeiture of or deductions

from the wages of a seaman or apprentice may be determined in

any proceeding lawfully instituted with respect to those wages,

notwithstanding that the offence in respect of which the question

arises, though by this Act made punishable by imprisonment as

well as forfeiture, has not been made the subject of criminal

proceedings.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 181 Ascertainment of amount of forfeiture out of wages. — MERCHANT SHIPPING ACT Open official source

If a seaman contracts for wages by the voyage or by the

run or by the share, and not by the month or other stated period of

time, the amount of forfeiture to be incurred under this Act shall be

an amount bearing the same proportion to the whole wages or share

as a month or any other period hereinbefore mentioned in fixing the

amount of such forfeiture (as the case may be) bears to the whole

time spent in the voyage or run; and if the whole time spent in the

voyage or run does not exceed the period for which the pay is to be

forfeited, the forfeiture shall extend to the whole wages or share.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 182 Penalty for enticing to desert and harbouring deserters.  — MERCHANT SHIPPING ACT Open official source

(1) If any person by any means whatever persuades or

attempts to persuade a seaman or apprentice belonging to a Maltese

ship to neglect or refuse to join or proceed to sea in or to desert

from his ship, or otherwise to absent himself from his duty, he shall

for each offence in respect of each seaman or apprentice be liable to

a fine (multa) not exceeding fifty units.

(2) If a person wilfully harbours or secretes a seaman or

apprentice belonging to a Maltese ship who has wilfully neglected

or refused to join or has deserted from, his ship, knowing or having

reason to believe the seaman or apprentice to have so done, he shall

for every seaman or apprentice so harboured or secreted be liable to

a fine (multa) not exceeding fifty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 183 Deserters from foreign ships. — MERCHANT SHIPPING ACT Open official source

Repealed by article 20 of Act XXIV of 1986.

Stowaways and Seamen carried under compulsion

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 184 Stowaways. — MERCHANT SHIPPING ACT Open official source

If a person secretes himself and goes to sea in a ship, or

attempts to secrete himself in a ship to go to sea, without the

consent of either the owner, the bareboat charterer or master of the

ship, or of a mate or other person in charge of the ship, or of any

other person entitled to give that consent, such person (in this Act

referred to as a "stowaway") shall be liable to a fine (multa) not

exceeding twenty units or, in the discretion of the court, to

imprisonment for a period not exceeding four weeks, and in the

case of a second or subsequent conviction to imprisonment for a

period not exceeding three months.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 185 Discipline of stowaways and persons carried under compulsion. — MERCHANT SHIPPING ACT Open official source

Every seafaring person whom the master of a ship is,

under the authority of this Act or of any other law, compelled to

take on board and convey, and every stowaway, shall, so long as he

remains in the ship, be deemed to belong to the ship and be subject

to the same laws and regulations for preserving discipline, and to

the same fines and punishments for offences constituting or tending

to constitute a breach of discipline as if he were a member of, and

had signed the agreement with, the crew.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 186 Duties of master as to stowaways. — MERCHANT SHIPPING ACT Open official source

(1) The master of any ship arriving at any port in Malta

with any stowaway on board shall, without delay, report the matter

to the Minister and shall take all reasonable measures to prevent

such person from landing without the written authority of the

Minister; and may for that purpose keep the stowaway in custody

while the ship is in port.

(2) Where any such stowaway leaves the ship without being

authorised as aforesaid, the master of the ship shall be deemed to

have suffered him to land.

(3) If the master contravenes any of the provisions of this

article he shall for each offence be liable to a fine (multa) not

exceeding fifty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 187 Stowaway may be taken back on board.  — MERCHANT SHIPPING ACT Open official source

Where a stowaway lands without such authority as

aforesaid, the Minister may cause the stowaway to be taken back on

board the ship and the master shall receive him back on board; and

if the master fails or refuses to do so he shall be liable to a fine

(multa) not exceeding one hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 188 Liability of ship’s agent. — MERCHANT SHIPPING ACT Open official source

Where for any reason, except with the permission of the

Minister, a person arriving in Malta in a ship as a stowaway is left

behind in Malta, the cost of his maintenance, if any, incurred by the

Government of Malta and the expense necessary for the removal of

such person from Malta, shall be a liability of the agent of the ship

from which the stowaway has landed, and any such cost or expense

shall, unless met by the said agent, be recoverable from him.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 189 Master to notify discovery of stowaway. — MERCHANT SHIPPING ACT Open official source

(1) The master of any ship shall without delay give notice

to the Minister, or to any customs or police officer, of the presence

on board of any person found attempting to secrete himself in such

ship for the purpose of going to sea as a stowaway, and shall assist

in causing such person to be landed.

(2) If a master contravenes any of the provisions of this article

he shall for each offence be liable to a fine (multa) not exceeding

fifty units.

Official logs

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 190 Official logs to be kept and to be evidence. — MERCHANT SHIPPING ACT Open official source

(1) An official log shall be kept in every Maltese ship,

other than a ship employed solely in navigation on the coasts of

Malta, in the appropriate form for that ship approved by the

Registrar-General.

(2) The Registrar-General shall approve forms of official log

books, which may be different for different classes of ships, so that

each such form shall contain proper spaces for the entries required

by this Act.

(3) The official log may, at the discretion of the master, or

owner or bareboat charterer, be kept distinct from, or united with,

the ordinary ship’s log, so that in all cases the spaces in the official

log book shall be duly filled up.

(4) An entry required by this Act in an official log book shall

be made as soon as possible after the occurrence to which it relates,

and if not made on the same day as that occurrence shall be made

and dated so as to show the date of the occurrence and of the entry

respecting it; and if made in respect of an occurrence happening

before the arrival of the ship at her final port of discharge shall not

be made more than twenty-four hours after that arrival.

(5) Every entry in the official log book shall be signed by the

master and by the mate or some other member of the crew, and

also-

(a) if it is an entry of illness, injury or death, shall be

signed by the surgeon or medical practitioner on

board, if any; and

(b) if it is an entry of wages due to, or of the effects of, a

seaman or apprentice who dies, shall be signed by the

mate and by some member of the crew besides the

master.

(6) All entries made in an official log book in manner provided

by this Act shall, until the contrary is proved, be evidence of their

contents, provided the authenticity of the log book is proved.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 191 Entries required in official log book. — MERCHANT SHIPPING ACT Open official source

The master of a ship for which an official log book is

required shall enter or cause to be entered in the official log book

the following matters

(a) every conviction by a legal tribunal of a member of his

crew, and the punishment inflicted;

(b) every offence committed by a member of his crew for

which it is intended to prosecute or to enforce a

forfeiture, or to exact a fine, together with such

statement concerning the copy or reading over of that

entry, and concerning the reply (if any) made to the

charge, as is by this Act required;

(c) every offence for which punishment is inflicted on

board, and the punishment inflicted;

(d) every arrest and confinement made in pursuance of

article 169, and the circumstances leading thereto;

(e) a statement of the conduct, character and

qualifications of each of his crew, or a statement that

he declines to give an opinion on those particulars;

(f)

every case of illness or injury happening to a member

of the crew, with the nature thereof, and the medical

treatment adopted (if any);

(g) every marriage taking place on board with the names

and ages of the parties;

(h) the birth of a child, or the death of a person, happening

on board, in manner provided by articles 285 and 304

of the Civil Code;

(i) every will made at sea, in manner provided by article

678 of the Civil Code;

(j)

the name of every seaman or apprentice who ceases to

be a member of the crew, otherwise than by death, with

the place, time and manner, and cause thereof;

(k) the wages due to, and the effects left on board by, any

seaman or apprentice who dies during the voyage, and

the gross amount of any deductions to be made

therefrom;

(l)

every collision with any other ship, and the

circumstances under which the same occurred; and

(m) any other matter directed by or under this Act or by or

under any other law to be entered.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 192 Offences in respect of official logs.  — MERCHANT SHIPPING ACT Open official source

(1) If an official log book is not kept in the manner

required by this Act, or if any entry directed by this Act to be made

therein is not made at the time and in the manner directed by this

Act, the master shall for each offence be liable to the specific fine

in this Act or in any other law mentioned in respect thereof or,

where there is no such specific fine, to a fine (multa) not exceeding

ten units.

(2) If any person makes, or procures to be made, or assists in

m a k i n g , a n e n t r y i n a n o ff i c i a l l o g b o o k i n r e s p e c t o f a n y

occurrence happening previously to the arrival of the ship at a final

port of discharge more than twenty-four hours after that arrival, he

shall for each offence be liable to a fine (multa) not exceeding thirty

units.

(3) If any person wilfully destroys or mutilates or renders

illegible any entry in an official log book, or wilfully makes or

procures to be made or assists in making a false or fraudulent entry

in or omission from an official log book, he shall for each offence

be liable to imprisonment for a period not exceeding two years or to

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

imprisonment and fine.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 193 Delivery of official logs to shipping master.  — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.70.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 194 Official logs to be sent home in case of transfer or loss of ship.  — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.70.

Identity cards

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 195 Issue of Maltese seaman’s card. — MERCHANT SHIPPING ACT Open official source

(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.

(3) The Registrar-General, if satisfied that the applicant is a

person entitled to an identity document under this Act, shall issue

to him a Maltese seaman’s card.

(4) For the purposes of this article and of articles 200 and 201,

"Maltese seaman" means a person who, being a citizen of Malta, is

employed or engaged, or ordinarily employed or engaged, in sea-

going ships (whether Maltese or foreign), other than fishing boats

or ships forming part of the navy of any country, as a master or a

member of the crew thereof.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 196 Safe custody of card. — MERCHANT SHIPPING ACT Open official source

Every person to whom a Maltese seaman’s card has been

issued shall keep it in his safe custody and shall produce it on

demand to the shipping master.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 197 Loss, destruction or defacement of a Maltese seaman’s card. — MERCHANT SHIPPING ACT Open official source

(1) If a Maltese seaman’s card is lost, destroyed or

defaced, the person to whom the card was issued shall, as soon as

practicable, report the fact to the Registrar-General and, in the case

of a defaced card, shall surrender the defaced card at the office of

the Registrar-General.

(2) Upon an application for the issue of a card in substitution of

a card lost, destroyed or defaced, and upon payment of the fee if

any, the Registrar-General, if satisfied that the card has been lost,

destroyed or defaced and, in the case of a defaced card, that it has

been surrendered as required by this Act, shall issue a fresh card.

(3)

Deleted by Act I.2025.72.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 198 Incorrect particulars entered on card. — MERCHANT SHIPPING ACT Open official source

If any of the particulars entered upon a Maltese seaman’s

card shall become or be found to be incorrect, the person to whom

the card was issued shall, as soon as practicable, report the fact to

the Registrar-General and shall surrender the incorrect card at his

office; and the Registrar-General may thereupon either cause the

card to be amended or order the issue of a card in substitution

therefor.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 199 Entries upon, and assignment or charge of, card. — MERCHANT SHIPPING ACT Open official source

(1) No person (other than the Registrar-General or a

person authorised in that behalf by the Minister or by the Registrar-

General, acting in accordance with the provisions of this Act or

instructions given by the Minister or by the Registrar-General)

shall make any mark or entry upon, or erase, cancel or alter any

mark or entry made upon, or otherwise deface or destroy, a Maltese

seaman’s card.

(2) No person shall assign or charge, or agree to assign or

charge, any Maltese seaman’s card, and the assignment of, or any

charge on, a Maltese seaman’s card shall be void and of no effect.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 200 Possession of more than one identity document. — MERCHANT SHIPPING ACT Open official source

A Maltese seaman who has in his possession more than

one Maltese seaman’s card or holds, in addition to a Maltese

seaman’s card, a distinctive seaman’s document of identity issued

under the authority of the Government of any foreign country, shall

without delay and in person produce such cards and documents of

identity to the Registrar-General and shall surrender to him such

one or more of the cards being Maltese seaman’s cards as the

Registrar-General shall require.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 201 Surrender of card on ceasing to be a Maltese seaman. — MERCHANT SHIPPING ACT Open official source

A person to whom a Maltese seaman’s card has been

issued shall surrender it to the Registrar-General forthwith upon

ceasing to be a Maltese seaman and the Registrar-General may

require any person to whom such a card has been issued to

surrender the same to him.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 202 Delivery of card issued to other persons. — MERCHANT SHIPPING ACT Open official source

Any person who comes into possession of a Maltese

seaman’s card issued to some other person shall forthwith deliver

or forward it to the Registrar-General.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 203 Penalties. — MERCHANT SHIPPING ACT Open official source

(1) Any person who contravenes or fails to comply with

any of the provisions of article 196, of article 197(1), or of articles

198, 199, 200, 201 and 202, or fails to comply with any

requirement of the Registrar-General under article 201, shall for

each offence be liable to a fine (multa) not exceeding twenty units.

(2) Article 98 shall have effect as if references therein to a

certif icate of competency included references to a Maltese

seaman’s card.

Application of Part IV

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 204 Application of this Part to ships registered in Malta. — MERCHANT SHIPPING ACT Open official source

This Part of this Act shall, unless the context or subject

matter requires a different application, apply to all sea-going ships

registered under this Act, and to the owners, bareboat charterers,

masters and crews of such ship, subject as hereinafter provided

with respect to -

(a) pleasure yachts, and

(b) fishing boats.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 205 Partial application to pleasure yachts. — MERCHANT SHIPPING ACT Open official source

The provisions of articles 113 to 120 (both inclusive), of

articles 121 to 122C (both inclusive), of articles 125, 133, 137 and

148, and of articles 190 to 194 (both inclusive) and to the extent as

may be prescribed, any other provision of this Part of this Act, as

the Minister may by regulations prescribe, shall not apply to

pleasure yachts.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 206 Partial application to fishing boats. — MERCHANT SHIPPING ACT Open official source

(1) The provisions of this Part of this Act shall apply to

fishing boats subject as in this article provided.

(2) The provisions relating to compulsory agreements with the

crew shall apply only to fishing boats of twenty-five tons and

upwards, and -

(a) in the application of article 114 to such fishing boats,

the following provisions shall have effect

(i)

the agreement with the crew (hereinafter

referred to as "fishing boat’s agreement") shall

be made in such form as the Minister may

approve with respect to fishing boats; and

(ii)

a fishing boat’s agreement shall, in lieu of the

amount of wages, specify, where the

circumstances so require, the remuneration

which each seaman is to receive, whether in

wages or by share in the catch, or in both ways;

and

(b) in the application of article 115 to such fishing boats

as aforesaid, a fishing boat’s agreement may be made

by the owner or the bareboat charterer instead of by the

master and the provisions of this Act with respect to

the making of the agreement shall apply accordingly.

(3) Article 126 shall apply only to fishing boats of twenty-five

tons or upwards.

(4) Articles 133 and 135 shall not apply to fishing boats, but

the following provisions shall have effect with respect to fishing

boats, that is to say

(a) the owner of a fishing boat, being a boat of twenty-five

tons or upwards, shall deliver to the master, and the

owner or bareboat charterer or master of such a boat

shall deliver to every seaman of that boat, a full and

true account in a form approved by the Minister, of the

wages or other remuneration of the master or seaman,

as the case may be, and of all deductions to be made

therefrom on any account whatever; and a deduction

from the remuneration of a master or seaman shall not

be allowed unless it is included in the account so

delivered, or is in regard to a matter happening after

such delivery;

(b) the master may by notice to the owner, or bareboat

charterer and a seaman may by notice to the owner or

bareboat charterer or the master, dispense with the

delivery of such account;

(c) except where the account is so dispensed with and

except in so far as it relates to remuneration consisting

in a share of the catch, the account shall be delivered

not less than four hours before the paying off or

discharge of the master or seaman;

(d) if the owner, or bareboat charterer or master of a boat

fails without reasonable cause to comply with this sub-

article, he shall for each offence be liable to a fine

(multa) not exceeding ten units.

(5) The tonnage of a fishing boat for the purposes of this article

shall be taken to be, in the case of a trawler her gross tonnage and

in any other case her registered tonnage as ascertained for the

purpose of that registry.

(6) For the purposes of this Part of the Act "fishing boat" means

a vessel which is for the time being employed in sea fishing or in

the sea-fishing service, including vessels employed as tenders or

carriers to fishing boats or for the purpose of collecting and

conveying to land the catch of fishing boats, but shall not include a

vessel used for catching fish otherwise than for profit.

PART V

SAFETY OF LIFE AT SEA

1. CONSTRUCTION AND EQUIPMENT OF SHIPS

Rules as to construction, equipment and safety

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 206A Application of the Safety Convention. — MERCHANT SHIPPING ACT Open official source

(1) The Safety Convention shall, unless otherwise

provided in any rules made under articles 207 to 212 (both

inclusive), apply to all Maltese ships and to all other ships while

they are in Maltese waters as if the requirements thereof were

imposed on such ships by rules made under those articles.

(2) For the purposes of sub-article (1), the term “the Safety

Convention” shall have the same meaning as is assigned to it in

article 213.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 207 Construction and survey rules. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may make rules (in this Act referred as

"construction and survey rules") prescribing requirements for the

hull, equipment and machinery of ships to which this article applies

and requiring any such ships to be surveyed to such extent, in such

manner and at such intervals as may be prescribed by the rules.

(2)

This article applies to

(a) Maltese passenger ships, and any foreign passenger

ship which carries passengers to or from any place, or

between places, in Malta;

(b) sea-going ships of not less than five hundred tons

gross tonnage, or of not less than such lower tonnage

and of such description as the Minister may by order in

the Gazette specify, except that it applies to such sea-

going ships not registered under this Act only while

they are in Maltese waters;

(c) such other ships as the Minister may prescribe.

(3) Without prejudice to the generality of the foregoing

provisions of this article, rules under this article may require the

provision in Maltese passenger ships -

(a) of plant exhibited as provided by or under the rules,

and of other information, relating to the boundaries of

water-tight compartments, the openings therein, the

means of closing such openings and the arrangements

for correcting any list due to flooding;

(b) of information necessary for the guidance of the

master in maintaining sufficient stability to enable the

ship to withstand damage.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 208 Rules for life- saving appliances. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may, in relation to any ships to which

this article applies, make rules (in this Act referred to as "rules for

life-saving appliances") with respect to all or any of the following

matters, namely

(a) the arrangement of ships into classes, having regard to

the services in which they are employed, to the nature

and duration of the voyage, and to the number of

passengers carried;

(b) the number, description and mode of construction of

the boats, life-rafts, line-throwing appliances, life-

jackets, and lifebuoys to be carried by ships, according

to the classes in which the ships are arranged;

(c) the equipment to be carried by any such boats and

rafts, and the methods to be provided to get the boats

and other life-saving appliances into the water,

including oil for use in stormy weather;

(d) the provision in ships of a proper supply of lights

inextinguishable in water, and fitted for attachment to

lifebuoys;

(e) the quantity, quality and description of buoyant

apparatus to be carried on board ships, either in

addition to or in substitution for boats, life-rafts, life-

jackets and lifebuoys;

(f)

the position and means of securing the boats, life-rafts,

life-jackets, lifebuoys and buoyant apparatus;

(g) the marking of the boats, life-rafts and buoyant

apparatus as to show their dimensions and the number

of persons authorised to be carried on them;

(h) the manning of the lifeboats and the qualifications and

certificates of lifeboat men;

(i)

the provision to be made for mustering the persons on

board and for embarking them in the boats (including

provision for the lighting of, and the means of ingress

to and egress from, different parts of the ship);

(j)

the provision of suitable means situated outside the

engine room whereby any discharge of water into the

boats can be prevented;

MERCHANT SHIPPING

(k) the assignment of specific duties to each member of

the crew in the event of emergency;

(l)

the methods to be adopted and the appliances to be

carried in ships for the prevention, detection and

extinction of fire;

(m) the provision in ships of plans or other information

relating to the means of preventing, detecting,

controlling and extinguishing outbreaks of fire;

(n) the practice in ships of boat-drills and fire-drills;

(o) the provision in ships of means of making effective

distress signals by day and night;

(p) the provision, in ships engaged on voyages in which

pilots are likely to be embarked, of suitable pilot-

ladders, and of ropes, lights and appliances designed to

make the use of such ladders safe;

(q) the examination and maintenance at intervals to be

prescribed by the rules of any appliances or equipment

required by the rules to be carried.

(2)

This article applies to

(a) Maltese ships;

(b) all other ships while they are in Maltese waters.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 209 Radio rules. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may make rules (in this Act referred to

as "radio rules") requiring ships to which this article applies to be

provided with a radio installation other than a radio navigational

aid of such a nature as may be prescribed by the rules and to

maintain such a radio service and to carry such number of radio

o ff i c e r s o r o p e r a t o r s , o f s u c h g r a d e s a n d p o s s e s s i n g s u c h

qualifications, as may be so prescribed; and the rules may contain

provisions for preventing, so far as practicable, electrical

interference with the radio installation by other apparatus on board.

(2)

This article applies to

(a) Maltese ships;

(b) all other ships while they are in Maltese waters.

(3) Without prejudice to the generality of the foregoing

provisions of this article, rules under this article may -

(a) prescribe the duties of radio officers and operators,

including the duty of keeping a radio log book;

(b) apply to any radio log book required to be kept under

the rules any of the provisions of articles 193 and 194;

(c) require the master of the ship to cause to be entered in

the official log book such particulars relating to the

operation of the radio installation, and the

maintenance of the radio service, as may be specified

in the rules;

(d) prescribe requirements for such portable radio

apparatus as boats or life-rafts may be required to

carry by the rules for life-saving appliances.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 210 Rules for direction- finders. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may make rules (in this Act referred to

as "rules for direction-finders") requiring ships to which this article

applies to be provided with a direction-finder of such a nature as

may be prescribed by the rules.

(2)

This article applies to

(a) Maltese ships;

(b) all other ships while they are in Maltese waters.

(3) Without prejudice to the generality of the foregoing

provisions of this article, rules under this article may provide for

the position of the direction-finder in the ship, for the

communication between the direction-finder and the bridge, for

testing the direction-finder at intervals and as occasion may require

and for recording the result of the tests.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 211 Further provisions as to radio navigational aids. — MERCHANT SHIPPING ACT Open official source

The Minister may make rules prescribing

(a) the requirements that radio navigational aids, other

than direction-finders, shall comply with if they are

carried on board Maltese ships, including requirements

relating to their position and method of fitting;

(b) the requirements that apparatus designed for the

purpose of transmitting or reflecting signals shall

comply with, being apparatus in Malta, or off the

shores of Malta and maintained from Malta.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 212 Openings in passenger ship’s hulls and water tight bulk heads. — MERCHANT SHIPPING ACT Open official source

The Minister may in relation to any Maltese passenger

ship make rules for any of the following matters

(a) for closing and keeping closed the openings in ships’

hulls and in water tight bulk heads;

(b) for securing, keeping in place and inspecting

contrivances for closing any such openings as

aforesaid;

(c) for operating the mechanisms of contrivances for

closing any such openings as aforesaid and for drills in

connection with the operation thereof;

(d) for requiring entry to be made in the official log book

or other record to be kept of any of the matters

aforesaid.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 213 Rules to implement international conventions. — MERCHANT SHIPPING ACT Open official source

(1) Any rules made under articles 207, 208, 209 and 210

shall include such requirements, in regard to the matters in respect

of which the rules are made, as appear to the Minister to implement

the provisions in regard to those matters of the international

convention entitled "The International Convention for the Safety of

Life at Sea" signed in London on 1st November, 1974 and the

Protocol thereto signed in London on 17th February, 1978 or any

other international convention or protocol relating to safety of life

at sea ratified or acceded to by the Government of Malta (in this

Act referred to as "the Safety Convention").

(2) Any reference in sub-article (1) to an international

convention or protocol shall include reference to any amendment to

such convention or protocol ratified, acceded to or accepted by the

Government of Malta.

Declarations of survey

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 214 Declarations of survey. — MERCHANT SHIPPING ACT Open official source

Where for the purpose of the issue of a certificate in

respect of a ship under this Part of this Act a ship has been

surveyed in accordance with the construction and survey rules by

the appropriate surveyors, the surveyors, if satisfied on the survey

that they can with propriety do so, shall deliver to the owners

declarations of survey in a form approved by the Minister.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 215 Transmission of declarations of survey.  — MERCHANT SHIPPING ACT Open official source

(1) The owner of a ship which has been surveyed shall,

within fourteen days after the receipt by him of a declaration of

survey, transmit it to the Registrar-General.

(2) If the owner fails without reasonable cause so to transmit a

declaration of survey, he shall be liable to a fine (multa) not

exceeding two units for every day during which the transmission is

delayed.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 216 Appeal to court of survey. — MERCHANT SHIPPING ACT Open official source

(1) If the owner of a ship feels aggrieved by the

declaration of survey of a ship surveyor, or an engineer surveyor, or

a radio surveyor, or by the refusal of such a surveyor to give a

declaration he may appeal to the court of survey in manner directed

by the rules of that court.

(2) On any such appeal the chairman of the court of survey

shall report to the Minister on the question raised by the appeal,

and the Minister may act on receipt of such a report as he may act

on receipt of a declaration of survey.

(3) Subject to any order made by the chairman of the court of

survey, the costs of and incidental to the appeal shall follow the

event.

Certificates in respect of ships

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 217 Passenger ships safety certificates and exemption certificates. — MERCHANT SHIPPING ACT Open official source

(1) If the Minister, on receipt of declarations of survey in

respect of a Maltese passenger ship, is satisfied that the ship

complies with the construction and survey rules, the rules for life-

saving appliances, the radio rules, and the rules for direction-

finders, applicable to the ship and to such international voyages as

she is to be engaged on, and that she is properly provided with the

lights, shapes and means of making fog-signals required by the

collision regulations, he shall, on the application of the owner,

issue in respect of the ship a certificate showing that the ship

complies with the requirements of the Safety Convention

applicable as aforesaid; and any certificate issued under this sub-

article is in this Act referred to as a "general safety certificate"

Provided that, if the voyages on which the ship is to be

engaged are short international voyages and she complies only with

su ch of those rules as are applicable to those voyages, the

certificate shall show that the ship complies with the requirements

of the Safety Convention applicable to her as a ship plying on short

international voyages; and any such certificate is in this Act

referred to as a "short-voyage safety certificate".

(2) If the Minister, on receipt of declarations of survey in

respect of any such passenger ship as aforesaid is satisfied that the

ship is exempt, by virtue of any exercise by him of a power in that

behalf conferred on him by his Act or by the rules in question, from

any of the requirements of the construction and survey rules, rules

for life-saving appliances, radio rules, or rules for direction-

finders, applicable to the ship and to such international voyages as

she is to be engaged on, whether short voyages or otherwise, and

that she complies with the rest of those requirements and that she is

properly provided with the lights, shapes and means of making fog-

signals required by the collision regulations, he shall, on the

application of the owner, issue in respect of the ship -

(a) an exemption certificate stating which of the

requirements of the Safety Convention applicable as

aforesaid the ship is exempt from and that the

exemption is conditional on the ship’s plying only on

the voyages, and being engaged only in the trades, and

complying with the other conditions (if any), specified

in the certificate; and

(b) a certificate showing that the ship complies with the

rest of those requirements;

and any certificate issued under paragraph (b) is in this Act referred

to as a "qualified safety certificate" or a "qualified short-voyage

safety certificate", as the case may be.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 218 Passenger ship certificate. — MERCHANT SHIPPING ACT Open official source

(1) If the Minister, on receipt of declarations of survey in

respect of a passenger ship to which article 207 applies, is satisfied

th a t t h e r e qu i r em en t s of t h i s P ar t o f th i s A ct i n r e sp ec t o f

construction and equipment applicable to such ship have been

complied with, he shall, on the application of the owner, issue a

certificate stating such compliance and stating, according to the

declarations -

(a) the limits (if any) beyond which the ship is not fit to

ply; and

(b) the number of passengers which the ship is fit to carry,

distinguishing, if necessary, the number to be carried

in each part of the ship, and any conditions or

variations to which the number is subject;

and any certificate issued under this sub-article is in this Act

referred to as a "passenger ship certificate".

(2) Any general safety certificate or short-voyage safety

certificate, whether qualified or not, may be combined in one

document with a passenger ship certificate.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 219 Cargo ship safety construction certificates and exemption certificates. — MERCHANT SHIPPING ACT Open official source

(1) If the Minister, on receipt of declarations of survey in

respect of a Maltese ship, not being a passenger ship, is satisfied

that the ship complies with the construction and survey rules

applicable to the ship and to such voyages as she is to be engaged

on, he shall, on the application of the owner, issue in respect of the

ship a certificate showing that the ship complies with such of the

requirements of the Safety Convention relating to those matters as

are applicable as aforesaid, and any such certificate is in this Act

referred to as a "cargo ship safety construction certificate".

(2) If the Minister, on receipt of declarations of survey in

respect of any such ship as aforesaid, is satisfied that the ship is

exempt, by virtue of any exercise by him of a power in that behalf

conferred on him by this Act or by the construction and survey

rules, from any of the requirements of those rules applicable to the

ship and to such voyages as she is to be engaged on, and that she

complies with the rest of those requirements, he shall, on the

application of the owner, issue in respect of the ship -

(a) an exemption certificate stating which of the

requirements of the Safety Convention applicable as

aforesaid the ship is exempt from and that the

exemption is conditional on the ship’s plying only on

the voyages, and complying with the other conditions

(if any) specified in the certificate; and

(b) a certificate showing that the ship complies with the

rest of those requirements;

and any certificate issued under paragraph (b) is in this Act referred

to as a "qualified cargo ship safety construction certificate".

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 220 Cargo ships safety equipment certificates and exemption certificates. — MERCHANT SHIPPING ACT Open official source

(1) If the Minister, on receipt of declarations of survey in

respect of a Maltese ship, not being a passenger ship, is satisfied

that the ship complies with the rules for life-saving appliances

applicable to the ship and to such international voyages as she is to

be engaged on, and that she is properly provided with the lights,

shapes and means of making fog-signals required by the collision

regulations, he shall, on the application of the owner, issue in

respect of the ship a certificate showing that the ship complies with

such of the requirements of the Safety Convention relating to those

matters as are applicable as aforesaid; and any certificate issued

under this sub-article is in this Act referred to as a "safety

equipment certificate".

(2) If the Minister, on receipt of declarations of survey in

respect of any such ship as aforesaid, is satisfied that the ship is

exempt, by virtue of any exercise by him of a power in that behalf

conferred on him by this Act or by the rules for life-saving

appliances, from any of the requirements of those rules applicable

to the ship and to such international voyages as she is to be engaged

on, and that she complies with the rest of those requirements and is

properly provided with the lights, shapes and means of making fog-

signals required by the collision regulations, he shall, on the

application of the owner, issue in respect of the ship -

(a) an exemption certificate stating which of the

requirements of the Safety Convention applicable as

aforesaid the ship is exempt from and that the

exemption is conditional on the ship’s plying only on

the voyages, and complying with the other conditions

(if any), specified in the certificate; and

(b) a certificate showing that the ship complies with the

rest of those requirements;

and any certificate issued under paragraph (b) is in this Act referred

to as a "qualified safety equipment certificate".

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 221 Radio certificates and exemption certificates. — MERCHANT SHIPPING ACT Open official source

(1) If the Minister, on receipt of declarations of survey in

respect of a Maltese ship, not being a passenger ship, is satisfied

that the ship complies with the radio rules and rules for direction-

finders applicable to the ship and to such international voyages as

she is to be engaged on, he shall, on the application of the owner,

issue in respect of the ship a certificate showing that the ship

complies with such of the requirements of the Safety Convention

relating to radiotelegraphy, radiotelephony and direction-finders as

are applicable as aforesaid; and any certificate issued under this

sub-article is in this Act referred to as a "radio certificate".

(2) If the Minister, on receipt of declarations of survey in

respect of any such ship as aforesaid, is satisfied that the ship is

exempt, by virtue of any exercise by him of a power in that behalf

conferred on him by this Act or by the rules in question, from any

of the requirements of the radio rules or rules for direction-finders

applicable to the ship and to such international voyages as she is to

be engaged on, and that she complies with the rest of those

requirements, he shall, on the application of the owner, issue in

respect of the ship -

(a) an exemption certificate stating which of the

requirements of the Safety Convention relating to

radiotelegraphy, radiotelephony and direction-finders,

being requirements applicable as aforesaid, the ship is

exempt from and that the exemption is conditional on

the ship’s plying only on the voyages, and complying

with the other conditions (if any), specified in the

certificate; and

(b) a certificate showing that the ship complies with the

rest of those requirements;

and any certificate issued under paragraph (b) is in this Act referred

to as a "qualified radio certificate".

(3) Where any Maltese ship is wholly exempt from the

requirements of the radio rules and the rules for direction-finders,

the Minister shall, on the application of the owner, issue an

exemption certificate stating that the ship is wholly exempt from

the requirements of the Safety Convention relating to

r a d i o t e l e g r a p h y, r a d i o t e l e p h o n y a n d d i r e c t i o n - f i n d e r s a n d

specifying the voyages on which, and the conditions (if any) on

which, the ship is so exempt.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 221A Cargo ship safety certificate. — MERCHANT SHIPPING ACT Open official source

Where the Minister is satisfied that a cargo ship satisfies

the requirements of the foregoing provisions of this article for the

issue of a cargo ship safety construction certificate, a safety

equipment certificate, and a radio certificate, he may issue in

respect of such ship in lieu of such certificates a cargo ship safety

certificate and such certificate shall for the purposes of this Act be

deemed to be a cargo ship safety construction certificate, a safety

equipment certificate and a radio certificate in respect of such

cargo ship, and any reference in this Act to such certificates shall

be deemed to include a reference to a cargo ship safety certificate.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 222 Issue of certificates on partial compliance with rules. — MERCHANT SHIPPING ACT Open official source

Where a ship complies with all the requirements of the

construction and survey rules, rules for life-saving appliances,

radio rules, and rules for direction-finders, applicable to the ship

and to the voyages on which she is to be engaged so far as those

requirements are requirements of the Safety Convention applicable

as aforesaid, the Minister may issue in respect of the ship a general

safety certificate, short-voyage safety certificate, cargo ship safety

construction certificate, safety equipment certificate, a radio

certificate, as the case may be, notwithstanding that she is exempt

f r o m , o r f o r s o m e o t h er r e a s o n d o e s n o t c o m p l y w i t h , a n y

requirement of those rules that are not applicable requirements of

the Safety Convention.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 223 Issue of certificates by foreign governments on request by Minister. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may request the government of a

country to which the Safety Convention applies to issue in respect

of a Maltese ship any certificate, other than a passenger ship

certificate, the issue of which is authorised under the foregoing

provisions of this Part of this Act; and a certificate issued in

pursuance of such a request and containing a statement that it has

been so issued shall have effect for the purposes of this Act as if it

had been issued by the Minister and not by the government of that

country.

(2) Where in pursuance of a request made under this article the

government of the country requested to issue a certificate is willing

to issue a qualified certificate but is not willing to issue the

corresponding exemption certificate, the Minister may issue the

exemption certificate in respect of the ship.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 224 Certificates in duplicate and fees for certificates. — MERCHANT SHIPPING ACT Open official source

The issue of any certificate under the foregoing provisions

of this Part of this Act shall be made in duplicate and against the

payment of such fees as may be prescribed.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 225 Notice of alterations and additional surveys. — MERCHANT SHIPPING ACT Open official source

(1) The owner or master of a ship in respect of which any

certificate issued under the foregoing provisions of this Part of this

Act is in force shall, as soon as possible after any alteration is made

in the ship’s hull, equipment, appliances or machinery affecting the

efficiency thereof or the seaworthiness of the ship, give written

notice to the Minister containing full particulars of the alteration.

(2) If notice of any alteration is not given as required by this

article, the owner or master of the ship shall be liable to a fine

(multa) not exceeding one hundred units.

(3) If the Minister has reason to believe that since the making

of the last declaration of survey in respect of any ship as aforesaid-

(a) any such alteration has been made as is mentioned in

sub-article (1); or

(b) the hull, equipment, appliances or machinery of the

ship have sustained an injury or are otherwise

insufficient, the Minister may, without prejudice to his

powers under article 228, require the ship to be again

surveyed to such extent as he thinks fit, and, if such

requirement is not complied with, may cancel any

certificate issued in respect of the ship under the

foregoing provisions of this Part of this Act.

(4) For the purpose of this article the expression "alteration" in

relation to anything includes the renewal of any part of it.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 226 Duration of certificates. — MERCHANT SHIPPING ACT Open official source

(1) A passenger ship certificate shall remain in force for a

period not exceeding one year from its date of issue, and all other

certificates referred to in the foregoing provisions of this article

shall remain in force for a period which shall not exceed five years.

(2) An exemption certificate, other than a certificate stating

that a ship is wholly exempt from the requirements relating to

radiotelegraphy, radiotelephony and direction-finders, shall remain

in force for the same period as the corresponding qualified

certificate.

(3) The Minister may grant an extension of any certificate

granted under the foregoing provisions of this Part of this Act in

respect of any Maltese ship for a period not exceeding three months

from the date when a certificate would, but for the extension, have

expired.

(4) Without prejudice to the powers conferred by sub-article

(5), where a certificate under article 219 is in force in respect of a

ship and the certificate was issued for a shorter period than is

allowed under this article, the Minister may if satisfied on receipt

of declarations of survey in respect of the ship that it is proper to do

so, grant an extension of the certificate for a period not exceeding

one year and not exceeding, together with the period for which it

was issued and any period by which it has previously been

extended under this sub-article, the period for which it could have

been issued under this article.

(5) Notwithstanding the foregoing provisions of this article no

certificate therein referred to shall remain in force after notice is

given by the Minister to the owner or master of the ship in respect

of which it has been issued that the Minister has cancelled the

certificate.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 227 Certificates admissible in evidence. — MERCHANT SHIPPING ACT Open official source

Any certificate issued by the Minister under the foregoing

provisions of this Part of this Act shall be admissible in evidence

without the necessity of any proof of its authenticity other than that

which appears on the face of it, and shall, until the contrary is

proved, be evidence of its contents.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 228 Cancellation of certificates. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may cancel any certificate issued in

pursuance of the foregoing provisions of this Part of this Act where

he has reason to believe -

(a) that a declaration of survey on which the certificate

was founded has been in any particular made

fraudulently or erroneously; or

(b) that the certificate has been issued upon false or

erroneous information; or

(c) that since the making of the declaration the hull,

equipment or machinery of the ship have sustained an

injury or are otherwise insufficient.

(2) In every such case the Minister may require the owner to

have the hull, equipment or machinery of the ship again surveyed,

and to transmit further declarations of survey, before he re-issues

the certificate or grants a fresh one in lieu thereof.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 229 Delivery up of certificates. — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.76.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 230 Posting up of certificates. — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.76.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 231 Penalty for forgery of certificate or declaration. — MERCHANT SHIPPING ACT Open official source

If any person -

(a) knowingly and wilfully makes, or assists in making, a

false or fraudulent declaration of survey or certificate

issued or issuable under the foregoing provisions of

this Part of this Act; or

(b) forges or assists in forging, or procures to be forged,

fraudulently alters, assists in fraudulently altering, or

procures to be fraudulently altered, any such

declaration or certificate, or anything contained in, or

any signature to, any such declaration or certificate,

that person shall for each offence be liable to imprisonment for a

period not exceeding two years or to a fine (multa) not exceeding

five hundred units, or to both such imprisonment and fine.

Enforcement of rules

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 232 Prohibition of proceeding to sea without appropriate certificates. — MERCHANT SHIPPING ACT Open official source

(1) No Maltese passenger ship shall proceed to sea on an

international voyage unless there is in force in respect of the ship a

general safety certificate, a short-voyage safety certificate, a

qualified safety certificate, or a qualified short-voyage safety

certificate which is applicable to the voyage on which the ship is

about to proceed and to the trade she is for the time being engaged

in.

(2) No passenger ship to which article 207 applies shall

proceed to sea, or on any voyage or excursion, from any port in

Malta unless there is in force in respect of the ship a passenger ship

certificate applicable to the voyage or excursion on which the ship

is about to proceed or that voyage or excursion is one in respect of

which the Minister has exempted the ship from the requirements of

this sub-article.

(3) No Maltese ship, not being a passenger ship, shall proceed

to sea unless there is in force in respect of the ship -

(a) if the ship is one to which article 207 applies, either -

(i) a cargo ship safety construction certificate, or

(ii) a qualified cargo ship safety construction

certificate; and

(b) if the ship is about to proceed on an international

voyage, both -

(i)

a safety equipment certificate or a qualified

safety equipment certificate, and

(ii) a radio certificate or a qualified radio certificate

or an exemption certificate stating that the ship

is wholly exempt from the requirements relating

to radiotelegraphy, radiotelephony and direction-

finders, such certificate or certificates being

applicable to the ship and to the voyage on

which she is about to proceed

Provided that this sub-article shall not prohibit a ship from

proceeding to sea as aforesaid if there is in force in respect of the

ship such certificate or certificates as would be required if she were

a passenger ship.

(4) For the purposes of this article a qualified certificate shall

not be deemed to be in force in respect of a ship about to proceed

on an international voyage unless there is also in force in respect of

the ship the corresponding exemption certificate; and an exemption

certificate shall be of no effect unless it is by its terms applicable to

the voyage on which the ship is about to proceed.

(5) If a ship proceeds or attempts to proceed to sea, or on any

voyage or excursion, in contravention of this article

(a) in the case of a passenger ship, the owner or master of

the ship shall, without prejudice to any other remedy

or penalty under this Act, be liable to a fine (multa) not

exceeding four hundred units; and

(b) in the case of a ship not being a passenger ship, the

owner or master of the ship shall be liable to a fine

(multa) not exceeding one hundred units.

(6) The master of every passenger ship to which article 207

applies, and of any other Maltese ship, shall produce to the officer

from whom a clearance for the ship is demanded the certificate or

certificates required by the foregoing provisions of this article to be

in force when the ship proceeds to sea, or on a voyage or excursion;

and a clearance shall not be granted, and the ship may be detained,

until the said certificate or certificates are so produced; and a

passenger ship may be so detained whether or not a clearance for

the ship is demanded.

(7)

Where an exemption certificate issued in respect of a ship

specifies any conditions on which the certificate is issued and any

of those conditions is not complied with, the owner or master of the

ship shall be liable to a fine (multa) not exceeding one hundred

units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 233 Penalty for carrying passengers in excess or on more than one deck below water line.  — MERCHANT SHIPPING ACT Open official source

(1) The owner or master of any ship to which article 207

applies shall not receive or have on board thereof, or in any part

thereof, any number of passengers which, having regard to the

time, occasion and circumstances of the case, is greater than the

number allowed by the passenger ship certificate in respect of that

ship; and if he does so he shall for each offence be liable to a fine

(multa) not exceeding four hundred units.

(2) The owner or master of any passenger ship to which article

207 applies shall not carry passengers on more than one deck below

the water line; and if he does so he shall for each offence be liable

to a fine (multa) not exceeding five hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 234 Removing of persons in case of danger. — MERCHANT SHIPPING ACT Open official source

Where the Minister, for the purpose of enabling persons to

be moved from any place in consequence to a threat to their lives

has permitted more persons to be carried on board a ship than are

permitted under this Act, the carriage of that excess shall not be an

offence under this Act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 235 Modification of safety certificates as respects life- saving appliances. — MERCHANT SHIPPING ACT Open official source

(1) If a Maltese passenger ship in respect of which a

safety certificate is in force has on board a total number of persons

less than the number of persons stated in that certificate to be the

number for which the life-saving appliances on the ship provide,

the Minister may, at the request of the master or owner, issue a

memorandum stating the total number of persons carried on the

ship on that voyage and the consequent modifications which may

be made for the purpose of that voyage in the particulars with

respect to life-saving appliances stated in the certificate, and that

memorandum shall be annexed to the certificate; and the certificate

shall have effect for the purpose of that voyage as modified by the

memorandum.

(2) Every such memorandum shall be returned to the Minister

at the end of the voyage to which it relates; and if it is not so

returned, the master, or the owner, or the bareboat charterer of the

ship shall be liable to a fine (multa) not exceeding twenty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 236 Provisions as to life-saving appliances. — MERCHANT SHIPPING ACT Open official source

(1) It shall be the duty of the owner and master of every

Maltese ship to see that his ship is provided, in accordance with the

rules for life-saving appliances, with such of those appliances as,

having regard to the nature of the service on which the ship is

employed and the avoidance of undue encumbrance of the ship’s

deck, are best adapted for securing the safety of her crew and

passengers.

(2)

In the case of any ship -

(a) if the ship is required by the rules for life-saving

appliances to be provided with such appliances and

proceeds on any voyage or excursion without being so

provided in accordance with the rules applicable to the

ship; or

(b) if any of the appliances with which the ship is so

provided are lost or rendered unfit for service in the

course of the voyage or excursion through the wilful

fault of negligence of the owner or master; or

(c) if the master wilfully neglects to replace or repair on

the first opportunity any such appliances lost or

injured in the course of the voyage or excursion; or

(d) if such appliances are not kept so as to be at all times

fit and ready for use; or

(e) if any provision of the rules for life-saving appliances

applicable to the ship is contravened or not complied

with,

then, the owner of the ship (if in fault) shall for each offence be

liable to a fine (multa) not exceeding one hundred units, and the

master of the ship (if in fault) shall for each offence be liable to a

fine (multa) not exceeding fifty units.

(3) Nothing in the foregoing provisions with respect to life-

saving appliances shall prevent any person from being liable under

any other provision of law, whether of this Act or otherwise, to any

other or higher fine or punishment than is provided by this article,

but a person shall not be punished twice for the same facts.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 237 Entry in log book of boat-drill, etc. — MERCHANT SHIPPING ACT Open official source

(1) The master of every Maltese ship shall cause to be

entered in the official log book a statement of every occasion on

which boat-drill or fire-drill is practised on board the ship or on

which the appliances and equipment required by the rules for life-

saving appliances to be carried are examined to see whether they

are fit and ready for use, and of the result of any such examination;

and if the boat-drill or fire-drill are not practised on board the ship

or the said appliances and equipment are not examined in any such

period as is prescribed by the said rules in respect of the ship, the

master shall cause a statement to be entered as aforesaid of the

reasons why the drill was not practised, or the appliances and

equipment were not examined, in that period.

(2) If the master of a ship fails to comply with any requirement

of this article he shall for each offence be liable to a fine (multa) not

exceeding twenty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 238 Enforcement of radio rules, rules for  direction-finders and radio navigational aids.  — MERCHANT SHIPPING ACT Open official source

(1) If the master of a Maltese ship fails to cause an entry

to be made in the official log book in contravention of rules made

in pursuance of article 209(3)(c), or if a radio officer or operator

contravenes any rules made in pursuance of paragraph (a) of the

said sub-article, he shall be liable to a fine (multa) not exceeding

twenty units, and if the rules made under the article aforesaid are

contravened in any other respect in relation to any Maltese ship, the

owner or master of the ship shall be liable to a fine (multa) not

exceeding one hundred units.

(2) If any of the rules made in pursuance of article 210 is not

complied with in relation to any Maltese ship, the owner or master

of the ship shall be liable to a fine (multa) not exceeding one

hundred units.

(3) If any Maltese ship proceeds, or attempts to proceed, to sea

carrying radio navigational aid not complying with rules made

under article 211, the owner or master of the ship shall be liable to

a fine (multa) not exceeding one hundred units; and if any person

establishes or operates any such apparatus as is mentioned in

paragraph (b) of the article aforesaid being apparatus that does not

comply with the said rules, he shall be liable to a fine (multa) not

exceeding one hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 239 Enforcement of rules made under article 212. — MERCHANT SHIPPING ACT Open official source

If any of the rules made in pursuance of article 212 is not

complied with in relation to any Maltese passenger ship, the master

of the ship shall be liable to a fine (multa) not exceeding one

hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 240 Return to be furnished by master as to passengers. — MERCHANT SHIPPING ACT Open official source

(1) The master of every ship, whether a Maltese or a

foreign ship, which carries any passenger to a place in Malta from a

place out of Malta, or from a place in Malta to any place out of

Malta, shall furnish to such person and in such manner as the

Minister may direct, a return giving the total number of any

passengers so carried, distinguishing, if so directed by the Minister,

the total number of any class of passengers so carried, and giving,

if the Minister so directs, such particulars with respect to

passengers as may be for the time being required by the Minister.

(2) Any passenger shall furnish the master of the ship with any

information required by him for the purpose of the return.

(3) If the master of a ship fails to make a return as required by

this article, or makes a false return, and if any passenger refuses to

give any information required by the master of the ship for the

purpose of the return required by this article, or give any false

information for the purpose, the master or passenger shall be liable

for each offence to a fine (multa) not exceeding twenty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 241 Inspection to ensure compliance with rules. — MERCHANT SHIPPING ACT Open official source

(1) A surveyor of ships may inspect any ship for the

p urpose of seein g t hat any ru les m ad e un der th e f oregoi ng

provisions of this Part of this Act have been complied with.

(2) If the surveyor finds that any of the said rules have not been

complied with, he shall give written notice to the owner or master

stating in what respect the said rules have not been complied with

and what, in his opinion, is required to rectify the matter.

(3) Every notice so given shall be communicated in manner

directed by the Minister to the officer from whom the ship may

seek to obtain a clearance, and a clearance shall not be granted to

the ship, and the ship may be detained, until a certificate under the

hand of a surveyor of ship is produced to the effect that the matter

has been rectified.

Foreign Safety Convention ships

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 242 Countries to which Safety Convention applies and Safety Convention ships. — MERCHANT SHIPPING ACT Open official source

(1) The Minister, if satisfied -

(a) that the government of any country has accepted, or

denounced, the Safety Convention; or

(b) that the Safety Convention extends, or has ceased to

extend, to any territory,

may by order in the Gazette make a declaration to that effect.

(2) A country which has been so declared to have accepted, and

which has not been so declared to have denounced, the Safety

Convention, and a territory to which the Safety Convention is so

declared to extend, not being a territory to which it has been so

declared that the Safety Convention has ceased to extend, are in

this Act referred to as a "country to which the Safety Convention

applies".

(3) A ship registered in a country to which the Safety

Convention applies is in this Act referred to as a "Safety

Convention ship" or a "Safety Convention passenger ship", as the

case may require.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 243 Certificates of foreign convention ships. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may, at the request of the government of

a country to which the Safety Convention applies, issue in respect

of a ship registered in that country any certificate the issue of

which in respect of a Maltese ship is authorised under the foregoing

provisions of this Part of this Act if he is satisfied that it is proper

for him to do so; and a certificate issued in pursuance of such a

request and containing a statement that it has been so issued shall

have effect for the purposes of this Act as if it had been issued by

the said government and not by the Minister.

(2) The Minister may make such regulations as appear to him

to be necessary for the purpose of securing that certificates issued

in accordance with the Safety Convention by the government of

any country other than Malta in respect of Safety Convention ships

not registered under this Act, or having effect under the preceding

sub-article as if so issued, shall be accepted as having the same

force as corresponding certificates issued by the Minister under this

Act; and any certificate required by those regulations to be so

treated is in this Act referred to as an "accepted Safety Convention

certificate".

(3)

A surveyor of ships may verify

(a) that there is in force in respect of a Safety Convention

ship not registered under this Act an accepted Safety

Convention certificate;

(b) that the condition of the hull, equipment and

machinery of any such Safety Convention ship

corresponds substantially with the particulars shown in

such certificate;

(c) except where such certificate states that the ship is

wholly exempt from the provisions of the Safety

Convention

relating

to

radiotelegraphy

and

radiotelephony, that the number, grades and

qualifications of radio officers or operators on board

correspond with those shown in the certificate;

(d) that any conditions on which such a certificate, being

an equivalent of an exemption certificate, is issued are

complied with.

(4) Where there is attached to an accepted Safety Convention

certificate in respect of a Safety Convention passenger ship not

registered under this Act a memorandum which -

(a) has been issued by or under the authority of the

government of the country in which the ship is

registered; and

(b) modifies, for the purpose of any particular voyage, in

view of the number of persons carried on that voyage,

the particulars stated in the certificate with respect to

life-saving appliances,

the certificate shall have effect, for the purpose of that voyage, as if

it were modified in accordance with the memorandum.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 244 Passenger ship holding Convention certificates. — MERCHANT SHIPPING ACT Open official source

(1) Where an accepted Safety Convention certificate is

produced in respect of a Safety Convention passenger ship not

registered under this Act -

(a) the ship shall not be required to be surveyed except for

the purpose of determining the number of passengers

she is fit to carry;

(b) on receipt of any declaration of survey for the purpose

aforesaid, the Minister may issue a certificate under

article 218 containing only a statement of the

particulars set out in sub-article (1)(b) of that article,

and a certificate so issued shall have effect as a

passenger ship certificate.

(2) Where there is produced in respect of any such passenger

ship as aforesaid an accepted Safety Convention certificate and also

a certificate issued by or under the authority of the government of

the country in which the ship is registered showing the number of

passengers that the ship is fit to carry, and the Minister is satisfied

that that number has been determined substantially in the same

manner as it would have been determined for the issue of a

passenger ship certificate under this Act, he may, if he thinks fit,

dispense with any survey of the ship for the purpose of determining

the number of passengers that she is fit to carry and direct that the

certificate issued as aforesaid shall have effect as a passenger ship

certificate, and thereupon that cer tificate shall have effect

accordingly.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 245 Miscellaneous privileges of ships holding Convention certificates. — MERCHANT SHIPPING ACT Open official source

(1) Where an accepted Safety Convention certificate is

produced in respect of a foreign Safety Convention passenger ship,

the ship shall be exempt from the rules for life-saving appliances,

from article 294 and from article 310(d) and (f).

(2) Where there is produced in respect of a foreign ship not

being a passenger ship -

(a) an accepted Safety Convention certificate equivalent

to a cargo ship safety construction certificate; or

(b) accepted Safety Convention certificates equivalent

respectively to a qualified cargo ship safety

construction certificate

and

to

a

corresponding

exemption certificate,

the ship shall be exempt from the construction and survey rules.

(3) Where an accepted Safety Convention certificate, being the

equivalent of a safety-equipment certificate, is produced in respect

of a foreign Safety Convention ship, not being a passenger ship, the

ship shall be exempt from the rules for life-saving appliances and

from article 294.

(4) Where an accepted Safety Convention certificate is

produced in respect of a foreign Safety Convention ship and the

certificate shows that the ship complies with the requirements of

the Safety Convention relating to radiotelegraphy, radiotelephony

and direction-finders, or that she is exempt from some of those

requirements and complies with the rest, or that she is wholly

exempt from those requirements, the ship shall be exempt from the

radio rules and rules for direction-finders.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 246 Further provisions as to production of Convention certificate. — MERCHANT SHIPPING ACT Open official source

(1) The master of every foreign Safety Convention ship

shall produce to the officer from whom a clearance for the ship is

demanded in respect of an international voyage from a port in

Malta ac cepte d Safety Convention c ertifica tes t ha t are the

e qu i va len t o f c e r ti f ic a te s i s s u e d b y t he M in i s te r u nd e r t h e

foregoing provisions of this Part of this Act that would be required

to be in force in respect of the ship if she were a Maltese ship, and

a clearance shall not be granted, and the ship may be detained, until

such certificates are so produced.

(2) The production of an accepted

Safety

Convention

certificate being the equivalent of -

(a) a qualified certificate; or

(b) an exemption certificate, other than a certificate

stating that a ship is wholly exempt from the

provisions of the Safety Convention relating to

radiotelegraphy, radiotelephony and direction-finders,

shall not avail for the purposes of either of the last two preceding

articles unless there is also produced the corresponding exemption

certificate or qualified certificate as the case may be.

Exemption from safety requirements and Interpretation

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 247 Power of Minister to exempt from safety requirements. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may exempt any ships or classes of

ships from any rules or regulations made under the foregoing

provisions of this Part of this Act, either absolutely or subject to

such conditions as he thinks fit.

(2) Without prejudice to the generality of sub-article (1), where

a ship not normally engaged on international voyages is required to

undertake a single international voyage, the Minister may, if he is

of opinion that the ship complies with the safety requirements that

are adequate for that voyage, exempt the ship from any of the

safety requirements imposed by or under this Act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 248 Exemption of certain ships from certain provisions of this Act. — MERCHANT SHIPPING ACT Open official source

(1) Nothing in the foregoing provisions of this Part of

this Act -

(a) prohibiting or preventing a ship from proceeding to

sea unless there is in force in relation to the ship, or

are produced, the appropriate certificates issued by the

Minister under the aforesaid provisions or the

appropriate accepted Safety Convention certificates;

(b) conferring powers on a surveyor of ships for the

purpose of verifying the existence, validity or

correctness of a Safety Convention certificate or that

the conditions on which such certificate was issued are

complied with;

(c) imposing a penalty for the contravention of any rules

relating to openings in ships’ hulls and watertight bulk

heads,

shall apply to any ship of war, troopship, pleasure yacht or fishing

vessel, or to any ship of less than five hundred tons gross tonnage

other than a passenger ship, or to any ship not propelled by

mechanical means

Provided that this sub-article shall not prevent the

application -

(i)

to any ship of three hundred tons gross tonnage

or upwards of so much of the provisions

mentioned in paragraphs (a) and (b) as relates to

certificates issued under article 221 or

equivalent

accepted

Safety

Convention

certificate;

(ii) to any ship to which article 207, by virtue of

paragraph (b) of sub-article (2) thereof, applies

and which is registered under this Act, of so

much of the provisions mentioned in paragraph

(a) as relates to certificates issued under article

219,

by reason only that she is less than five hundred tons gross tonnage.

(2) Notwithstanding that any of the foregoing provisions of this

Part of this Act is expressed to apply to foreign ships while they are

within any port in Malta, that provision shall not apply to a ship

that would not be within any such port but for stress of weather or

any other circumstance that neither the master nor the owner nor

the charterer (if any) of the ship could have prevented or

forestalled.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 249 Definition of international voyage for purposes of foregoing provisions. — MERCHANT SHIPPING ACT Open official source

For the purposes of the foregoing provisions of this Part of

this Act -

"international voyage" means a voyage from a port in one

country to a port in another country, either of those countries being

a country to which the Safety Convention applies; and

"short international voyage" means an international voyage -

(a) in the course of which a ship is not more than two

hundred nautical miles from a port or place in which

the passengers and crew could be placed in safety, and

(b) which does not exceed six hundred nautical miles in

length between the last port of call in one country in

which the voyage begins and the final port of

destination;

so however that for the purpose of the definitions contained in this

article -

(i)

no account shall be taken of any deviation by a

ship from her intended voyage due solely to

stress of weather or any other circumstance that

neither the master nor the owner nor the

charterer (if any) of the ship could have

prevented or forestalled; and

(ii) every colony, overseas territory, protectorate or

other territory for whose international relations a

government that has accepted the Safety

Convention is responsible, or for which the

United Nations are the administering authority,

shall be deemed to be a separate country.

2. LOAD LINE AND LOADING

General Provisions

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 250 Application of following provisions of this Part of Act. — MERCHANT SHIPPING ACT Open official source

The following provisions of this Part of this Act, that is to

say articles 251 to 276 (both inclusive), in this Act referred to as

"the load line provisions of this Act", apply to all ships except

(a) ships of war;

(b) ships solely engaged in fishing; and

(c) pleasure yachts.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 251 Load line rules. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may make rules in accordance with the

load line provisions of this Act, and in making those rules the

Minister shall have regard in particular to the international

convention entitled the International Convention on Load Lines

signed in London on 5th April, 1966 or any other international

convention or protocol relating to load lines ratified or acceded to

by the Government of Malta (in this Act referred to as “the Load

Line Convention”).

(2) The said rules (in this Act referred to as "the load line

rules") may make provision

(a) for the surveying and periodical inspection of ships to

which the load line provisions of this Act apply;

(b) for determining freeboards to be assigned from time to

time to such ships;

(c) for determining, in relation to any such ship, the deck

which is to be taken to be the freeboard deck of the

ship, and for requiring the position of that deck to be

indicated on each side of the ship by a mark of a

description prescribed by the rules; and

(d) for determining, by reference to that mark and the

freeboards for the time being assigned to any such

ship, the position in which each side of the ship is to

be marked with lines of a description prescribed by the

rules, indicating the various maximum depths to which

the ships may be loaded in circumstances prescribed

by the rules.

(3) The load line rules may include the following provisions,

that is to say -

(a) provisions specifying such requirements in respect of

the hulls, superstructures, fittings and appliances of

ships to which the load line provisions of this Act

apply as appear to the Minister to be relevant to the

assignment of freeboards to such ships;

(b) provisions whereby, at the time when freeboards are

assigned to a ship in accordance with the load line

rules, such particulars relating to those requirements as

may be determined in accordance with the rules are to

be recorded in such manner as may be so determined;

and

(c) provisions for determining, by reference to those

requirements and that record, whether, at any time

after freeboards have been so assigned to a ship and

while they continue to be so assigned, the ship is for

the purposes of the load line provisions of this Act to

be taken to comply, or not to comply, with the

conditions of assignment,

and those provisions shall be set out separately in the load line

rules under the title of "rules as to conditions of assignment".

(4) The load line rules may also include provisions requiring

such information relating to the stability of any ship to which

freeboards are assigned thereunder, and such information relating

to the loading and ballasting of such ship, as may be determined in

accordance with the rules to be provided for the guidance of the

master of the ship in such manner as may be so determined.

(5) In relation to any matter authorised or required by this Act

to be prescribed by the load line rules, those rules may make

different provision by reference to, or to any combination of, any of

the following, that is to say different descriptions of ships, different

areas, different seasons of the year and any other different

circumstances.

(6) Except in so far as the context otherwise requires, in the

load line provisions of this Act, "deck-line" means such a mark as

is referred to in sub-article (2)(c), and "load lines" means such lines

as are referred to in paragraph (d) of that sub-article.

(7) Any reference in sub-article (1) to an international

convention or protocol shall include reference to any amendment to

such convention or protocol ratified, acceded to or accepted by the

Government of Malta.

Maltese ships

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 252 Compliance with load line rules. — MERCHANT SHIPPING ACT Open official source

(1) Subject to any exemption conferred by or under the

load line provisions of this Act, no ship to which those provisions

apply, being a ship registered under this Act, shall proceed to sea or

attempt to proceed to sea unless -

(a) the ship has been surveyed in accordance with the load

line rules;

(b) the ship is marked with a deck-line and with load lines

in accordance with those rules;

(c) the ship complies with the conditions of assignment;

(d) the information required by those rules to be provided

as mentioned in article 251(4) is provided for the

guidance of the master of the ship in the manner

determined in accordance with the rules.

(2) If any ship proceeds or attempts to proceed to sea in

contravention of the preceding sub-article, the owner or master of

the ship shall be liable to a fine (multa) not exceeding two hundred

units.

(3) Any ship which, in contravention of sub-article (1),

attempts to proceed to sea without being surveyed and marked as

mentioned in paragraphs (a) and (b) of that sub-article may be

detained until she has been so surveyed and marked.

(4) Any ship as is mentioned in sub-article (1) which does not

comply with the conditions of assignment shall be deemed to be

unsafe for the purposes of article 280.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 253 Submersion of load lines.  — MERCHANT SHIPPING ACT Open official source

(1) Where a ship to which the load line provisions of this

Act apply, being a ship registered under this Act, is marked with

load lines, the ship shall not be so loaded that -

(a) if the ship is in salt water and has no list, the

appropriate load line on each side of the ship is

submerged, or

(b) in any other case, the appropriate load line on each

side of the ship would be submerged if the ship were in

salt water and had no list.

(2) If any ship is loaded in contravention of the preceding sub-

article, the owner or master of the ship shall, subject to sub-article

(5), be liable to -

(a) a fine (multa) not exceeding four hundred units; and

(b) such additional fine (multa) not exceeding an amount

calculated in accordance with the next following sub-

article as the court thinks fit to impose having regard

to the extent to which the earning capacity of the ship

was increased by reason of the contravention.

(3) An additional fine imposed under sub-article (2)(b) shall

not exceed one hundred and sixty units for every complete

centimetre, and for any fraction of a centimetre over and above one

or more complete centimetres, by which -

(a) in a case falling within sub-article (1)(a) the

appropriate load line on each side of the ship was

submerged, or

(b) in a case falling within paragraph (b) of that sub-

article the appropriate load line on each side of the

ship would have been submerged as therein

mentioned;

and, if the amount by which that load line was or would have been

submerged was less than a complete centimetre, such additional

fine shall not exceed one hundred and sixty units.

(4) If the master of a ship takes a ship to sea when she is loaded

in contravention of sub-article (1), or if any other person, having

reason to believe that the ship is so loaded, sends or is party to

sending her to sea when she is loaded, in contravention of that sub-

article, then (without prejudice to any other fine to which he may

be liable under sub-article (2)) he shall be liable to a fine (multa)

not exceeding four hundred units.

(5) Where a person is charged with an offence under sub-article

(2), it shall be a defence to prove that the contravention was due

solely to deviation or delay and that the deviation or delay was

caused solely by stress of weather or other circumstances which

neither the master nor the owner nor the charterer (if any) could

have prevented or forestalled.

(6) Without prejudice to any proceedings under the preceding

provisions of this article, any ship which is loaded in contravention

of sub-article (1) may be detained until she is so loaded.

(7) For the purpose of the application of this article to a ship in

any circumstances prescribed by the load line rules in accordance

with article 251(2)(d), "the appropriate load line" means the load

line which, in accordance with those rules, indicates the maximum

depth to which the ship may be loaded in salt water in those

circumstances.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 254 Miscellaneous offences in relation to marks.  — MERCHANT SHIPPING ACT Open official source

Where a ship to which the load line provisions of this Act

apply, being a ship registered un der thi s Act, i s mar ked in

accordance with any requirements as to marking imposed by or

under the load line provisions of this Act, then if -

(a) the owner or master fails without reasonable cause to

keep the ship so marked; or

(b) any person conceals, removes, alters, defaces or

obliterates, or causes or permits any person under his

control to conceal, remove, alter, deface or obliterate,

any mark with which the ship is so marked, except

where he does so under the authority of a person

empowered under the load line rules to authorise him

in that behalf,

he shall be liable to a fine (multa) not exceeding two hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 255 Issue of load line certificate. — MERCHANT SHIPPING ACT Open official source

(1) Where a ship to which the load line provisions of this

Act apply, being a ship registered under this Act, has been surveyed

and marked in accordance with the load line rules, the appropriate

certificate shall be issued to the owner of the ship on his

application.

(2)

For the purposes of this article, the appropriate certificate -

(a) in the case of an existing ship of not less than one

hundred and fifty tons gross tonnage, and in the case

of a new ship of not less than twenty-four metres in

length, is a certificate to be called an "International

Load Line Certificate (1966)"; and

(b) in the case of any other ship, is a certificate to be

called a "Malta load line certificate".

(3) Subject to the next following sub-article, any certificate

required by sub-article (1) to be issued shall be issued by the

Minister and shall be in such form, and shall be issued in such

manner, as may be prescribed by the load line rules.

(4) The Minister may request a contracting government to issue

an International Load Line Certificate (1966) in respect of any ship

to which the load line provisions of this Act apply which is a ship

registered under this Act and falling within sub-article (2)(a); and

the following of the load line provisions of this Act shall have

effect in relation to such a certificate so issued, which contains a

statement that it has been issued at the request of the Government

of Malta, as they have effect in relation to an International Load

Line Certificate (1966) issued by the Minister.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 256 Effect of load line certificate. — MERCHANT SHIPPING ACT Open official source

Where a certificate, issued in pursuance of the last

preceding article and for the time being in force, is produced in

respect of the ship to which the certificate relates -

(a) the ship shall be deemed to have been surveyed in

accordance with the load line rules; and

(b) if lines are marked on the ship corresponding in

number and description to the deck-line and load lines

as required by the load line rules, and the position of

those lines so marked correspond to the position of the

deck-line and load lines as specified in the certificate,

the ship shall be deemed to be marked as required by

those rules.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 257 Duration, endorsement and cancellation of load line certificates. — MERCHANT SHIPPING ACT Open official source

(1) The load line rules may make provision for

determining the period during which any certificate issued under

article 255 is to remain in force, including

(a) provision enabling the period for which any such

certificate is originally issued to be extended within

such limits and in such circumstances as may be

prescribed by the rules; and

(b) provision for cancelling any such certificate in such

circumstances as may be so prescribed.

(2) While any such certificate is in force in respect of a ship,

there shall be endorsed on the certificate such information relating

to -

(a) periodical inspections of the ship in accordance with

the load line rules, and

(b) any extension of the period for which the certificate

was issued,

as may be prescribed by the rules.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 258 Ship not to proceed to sea without load line certificate. — MERCHANT SHIPPING ACT Open official source

(1) Subject to any exemption conferred by or under the

l o a d l i n e p r o v is i on s o f t h i s A c t , n o s h ip t o w hi c h t h e s a i d

provisions apply, being a ship registered under this Act, shall

proceed or attempt to proceed to sea unless the appropriate

certificate is in force in respect of the ship.

(2) Before any such ship proceeds to sea, the master of the ship

shall produce the appropriate certificate to the officer from whom a

clearance of the ship is demanded; and a clearance shall not be

granted, and the ship may be detained, until the appropriate

certificate is so produced.

(3) If any ship proceeds or attempts to proceed to sea in

contravention of this article, the master of the ship shall be liable to

a fine (multa) not exceeding two hundred units.

(4) In this article "the appropriate certificate" means the

certificate which is the appropriate certificate for the purposes of

article 255.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 259 Publication of load line certificate and entry of particulars in official log book.  — MERCHANT SHIPPING ACT Open official source

(1) Where a certificate is issued under article 255 -

(a) the owner or the bareboat charterer of the ship shall

forthwith on receipt of the certificate cause it to be

framed and posted up in some conspicuous place on

board the ship, and shall cause it to be kept so framed

and posted up and legible as long as the certificate

remains in force and the ship is in use; and

(b) the master of the ship, before making any other entry

in the official log book relating to the ship, shall enter

in it the particulars as to the positions of the deck-line

and the load lines which are specified in the

certificate.

(2) Before a ship to which the load line provisions of this Act

apply, being a ship registered under this Act, leaves any dock,

wharf, harbour or other place for the purpose of proceeding to sea,

the master of the ship -

(a) shall enter in the official log book such particulars

relating to the depth to which the ship is for the time

being loaded as may be prescribed by regulations

made by the Minister under this article; and

(b) subject to the next following sub-article, shall cause a

notice, in such form and containing such of those

particulars as may be specified in the said regulations

for the purposes of this paragraph, to be posted up in

some conspicuous place on board the ship;

and, where such a notice has been posted up, the master of the ship

shall cause it to be kept as posted up and legible until the ship

arrives at some other dock, wharf, harbour or place.

(3) If the owner, or the master, or the bareboat charterer of a ship

fails to comply with any requirement imposed on him by the

preceding provisions of this article, he shall be liable to a fine

(multa) not exceeding fifty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 260 Inspection of ships. — MERCHANT SHIPPING ACT Open official source

A ship surveyor or engineer surveyor may inspect any ship

to which the load line provisions of this Act apply, being a ship

registered under this Act, for the purpose of seeing that the said

provisions have been complied with in respect of the ship.

Foreign ships

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 261 Convention certificates. — MERCHANT SHIPPING ACT Open official source

(1) This article applies to any foreign ship which, being a

ship to which the load line provisions of this Act apply -

(a) is registered in a Convention country or, not being

registered in any such country or elsewhere, flies the

flag of a Convention country; and

(b) is either an existing ship of not less than one hundred

and fifty tons gross tonnage or a new ship of not less

than twenty-four metres in length.

(2) The Minister may, at the request of the government of a

parent country of a ship to which this article applies, issue in

respect of the ship a certificate in such form as may be prescribed

by the load line rules if the Minister is satisfied that he could

properly issue a certificate in respect of the ship under sub-article

(1) of article 255 if the ship were registered under this Act.

(3) The load line rules may make such provision as appear to

the Minister to be appropriate for securing that certificates which

are issued as International Load Line Certificate (1966) in respect

of sh ips to whi ch thi s arti cl e appl ies, and are so issu ed by

government s other than the G overn ment of Malta, shall b e

recognised for the purposes of the load line provisions of this Act

in such circumstances as may be prescribed by the rules.

(4) Certificates issued as mentioned in sub-article (2) or sub-

article (3) shall be included among the certificates to be called

"International Load Line Certificates (1966)"; and for the purposes

of the load line provisions of this Act "valid Convention

certificate" means a certificate which either-

(a) has been issued under sub-article (2) and is for the

time being in force, or

(b) having been issued as mentioned in sub-article (3), is

produced in circumstances in which it is required by

the load line rules to be recognised for the purposes of

the load line provisions in this Act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 262 Compliance with load line rules. — MERCHANT SHIPPING ACT Open official source

(1) Subject to the next following sub-article and to any

exemption conferred by or under the load line provisions of this

Act, no foreign ship to which those provisions apply shall proceed

or attempt to proceed to sea from any port in Malta unless

(a) the ship has been surveyed in accordance with the load

line rules;

(b) the ship is marked with a deck-line and with load lines

in accordance with those rules;

(c) the ship complies with the conditions of assignment;

and

(d) the information required by those rules to be provided

as mentioned in article 251(2) is provided for the

guidance of the master of the ship in the manner

determined in accordance with those rules.

(2) Sub-article (1) shall not apply to a ship in respect of which

a valid Convention certificate is produced.

(3) If any ship proceeds or attempts to proceed to sea in

contravention of the preceding provisions of this article, the owner

or master of the ship shall be liable to a fine (multa) not exceeding

two hundred units.

(4) Any ship which in contravention of this article attempts to

proceed to sea without being surveyed and marked as mentioned in

sub-article (1)(a) and (b) may be detained until she has been so

surveyed and marked.

(5) If any ship as is mentioned in sub-article (1), not being a

ship in respect of which a valid Convention certificate is produced,

does not comply with the conditions of assignment, article 283

shall have effect in relation to the ship as if she were unsafe by

reason of one of the matters specified in that article.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 263 Submersion of load lines. — MERCHANT SHIPPING ACT Open official source

(1) Where a foreign ship to which the load line provisions

of this Act apply is within any port in Malta and is marked with

load lines, the ship shall not be so loaded that -

(a) if the ship has no list, the appropriate load line on each

side of the ship is submerged, or

(b) if the ship has a list, the appropriate load line on each

side of the ship would be submerged if the ship had no

list.

(2) Articles 253(2), (3), (5) and (6) shall have effect for the

purposes of this article as if any reference to sub-article (1) of that

article, or to paragraph (a) or paragraph (b) of the said sub-article

(1), were a reference to sub-article (1), or as the case may be, to the

corresponding paragraph of sub-article (1)

Provided that, in the case of a ship to which article 261

applies, the ship shall not be detained, and no proceedings shall be

brought by virtue of this sub-article, unless the ship has been

inspected by a ship surveyor or engineer surveyor in pursuance of

article 266.

(3) In relation to a ship in respect of which a valid Convention

certificate is produced, "load line" in sub-article (1) means a line

marked on the ship in the position of a load line specified in that

certificate; and for the purposes of the application of the relevant

provisions to such a ship in any circumstances for which a

particular load line is specified in the certificate, the "appropriate

load line" means the load line which, in accordance with the

certificate, indicates the maximum depth to which the ship may be

loaded in salt water in those circumstances.

(4) Where a valid Convention certificate is not produced in

respect of a ship, then, for the purposes of the application of the

relevant provisions to that ship in any circumstances prescribed by

the load l ine rules in accorda nce with pa ragra ph of a rticle

251(2)(d), "the appropriate load line" means the load line which, in

accordance with those rules, indicates the maximum depth to which

the ship may be loaded in salt water in those circumstances.

(5) In sub-articles (3) and (4) "the relevant provisions" means

the provisions of article 253(1) as applied by sub-article (2).

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 264 Malta load line certificates. — MERCHANT SHIPPING ACT Open official source

(1) Where a ship to which the load line provisions of this

Act apply, not being a ship registered under this Act, has been

surveyed and marked in accordance with the load line rules, then,

on the application of the owner of the ship, a Malta load line

certificate shall be issued to him by the Minister.

(2) Subject to the next following sub-article, the provisions of

articles 256 and 257 shall have effect in relation to a certificate

issued under sub-article (1) as they have effect in relation to a

certificate issued under article 255.

(3) Any certificate issued under sub-article (1) in respect of a

ship to which article 261 applies shall be valid only so long as the

ship is not plying on international voyages and shall be cancelled

by the Minister if he has reason to believe that the ship is plying on

international voyages.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 265 Production of certificate for clearance. — MERCHANT SHIPPING ACT Open official source

(1) Subject to any exemption conferred by or under the

load line provisions of this Act, before a foreign ship to which

those provisions apply proceeds to sea from any port in Malta, the

master of the ship shall produce the appropriate certificate to the

officer from whom a clearance for the ship is demanded; and a

clearance shall not be granted, and the ship may be detained, until

the appropriate certificate is produced.

(2)

For the purposes of this article, the appropriate certificate -

(a) in the case of a ship to which article 261 applies,

where a clearance for the ship is demanded in respect

of an international voyage, is a valid Convention

certificate;

(b) in any other case is either a valid Convention

certificate or a Malta load line certificate for the time

being in force in respect of the ship.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 266 Provisions as to inspection. — MERCHANT SHIPPING ACT Open official source

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

ship surveyor or engineer surveyor may inspect any foreign ship to

which the load line provisions of this Act apply while the ship is

within any port in Malta.

(2) Without prejudice to the powers conferred by article 368,

any such surveyor may go on board any ship to which article 261

applies, while the ship is within any port in Malta, for the purpose

of demanding production of any International Load Line Certificate

(1966) or Malta load line certificate for the time being in force in

respect of the ship.

(3) If on any such demand a valid Convention certificate is

produced to the surveyor in respect of the ship, the powers of the

surveyor under article 368(1) shall be limited to seeing -

(a) that the ship is not loaded beyond the limits allowed by

the certificate;

(b) that lines are marked on the ship in the positions of the

load lines specified in the certificate;

(c) that no material alterations have taken place in the hull

or superstructures of the ship which affect the position

in which any of those lines ought to be marked; and

(d) that the fittings and appliances for the protection of

openings, the guard rails, the freeing ports and the

means of access to the crew’s quarters have been

maintained on the ship in as effective a condition as

they were in when the certificate was issued.

(4) If on an inspection of a ship under this article the ship is

found to have been so materially altered in respect of the matters

referred to in paragraph (c) or paragraph (d) of sub-article (3) that

the ship is manifestly unfit to proceed to sea without danger to

human life, then article 283 shall have effect in relation to the ship

as if she were unsafe by reason of one of the matters specified in

that article.

(5) When a ship is detained under article 283 as applied by this

article, the Minister shall order the ship to be released as soon as he

is satisfied that the ship is fit to proceed to sea without danger to

human life.

Exemptions

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 267 Power to make exemption orders. — MERCHANT SHIPPING ACT Open official source

(1) If in the opinion of the Minister the sheltered nature

and conditions of international voyages -

(a) between near neighbouring ports in Malta and in

another Convention country, or

(b) between near neighbouring ports in any two or more

countries or territories outside Malta,

make it unreasonable or impracticable to apply the load line

provisions of this Act to ships plying on such voyages, and the

Minister is satisfied that the government of the other country or

territory (or, as the case may be, of each of the other countries or

territories) concurs in that opinion, the Minister may, by order in

the Gazette specifying the ports, direct that ships plying on

international voyages between those ports, or any class of such

ships specified in the order, shall be exempt from the load line

provisions of this Act.

(2) The Minister may by order in the Gazette direct that ships

under eighty net tons engaged solely in the coasting trade, or any

class of such ships specified in the order, shall be exempt from the

load line provisions of this Act while not carrying cargo, or, if the

order so provides shall be exempt from those provisions whether

carrying cargo or not.

(3) Any order under this article may be made subject to such

conditions as the Minister thinks fit; and where any such order is

made subject to conditions, the exemption conferred by the order

shall not have effect in relation to a ship unless the ship complies

with those conditions.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 268 Further powers to exempt ships. — MERCHANT SHIPPING ACT Open official source

(1) In this article any reference to exempting a ship is a

reference to exempting a ship either -

(a) from all the load line provisions of this Act and of the

load line rules, or

(b) from such of those provisions as are specified in the

instrument conferring the exemption.

(2) On the application of the owner of a Maltese ship to which

the load line provisions of this Act apply and which is either an

existing ship of not less than one hundred and fifty tons gross

tonnage or a new ship of not less than twenty-four metres in length,

the Minister may exempt the ship if in his opinion the ship

embodies features of a novel kind such that, if the ship had to

comply with all the requirements of the load line provisions of this

Act and of the load line rules, the development of those features

and their incorporation in ships on international voyages might be

seriously impeded.

(3) On the application of the owner of a Maltese ship to which

the load line provisions of this Act apply and which is either -

(a) an existing ship of less than one hundred and fifty tons

gross tonnage or a new ship of less than twenty-four

metres in length, or

(b) a ship (not falling within the preceding paragraph)

which does not ply on international voyages,

the Minister may exempt the ship.

(4) Without prejudice to the last preceding sub-article, where a

Maltese ship to which the load line provisions of this Act apply and

which is either an existing ship of not less than one hundred and

fifty tons gross tonnage or a new ship of not less than twenty-four

metres in length, does not ply on international voyages but is, in

exceptional circumstances, required to undertake a single

international voyage, the Minister, on the application of the owner

of the ship, specifying the international voyage in question, may

exempt the ship while engaged on that voyage.

(5) Any exemption conferred under this article may be

conferred subject to such conditions as the Minister thinks fit; and,

where any such exemption is conferred subject to conditions, the

exemption shall not have effect unless those conditions are

complied with.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 269 Issue of exemption certificates. — MERCHANT SHIPPING ACT Open official source

(1) Where the Minister exempts a ship under the last

preceding article, he shall issue the appropriate certificate to the

owner of the ship.

(2)

For the purposes of this article, the appropriate certificate -

(a) where the exemption is conferred under sub-article (2)

or sub-article (4) of the last preceding article, is a

certificate to be called an "International Load Line

Exemption Certificate"; and

(b) where the exemption is conferred under sub-article (3)

of that article, is a certificate to be called a "Malta load

line exemption certificate".

(3) Any certificate issued under this article shall be in such

form and shall be issued in such manner as may be prescribed by

the load line rules.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 270 Duration and termination of exemptions, and endorsement and cancellation of exemption certificate. — MERCHANT SHIPPING ACT Open official source

(1) The load line rules may make provision for

determining the period during which any exemption conferred

under article 268, or any certificate issued under article 269, is to

remain in force, including provision -

(a) enabling the period for which any such exemption or

certificate is originally conferred or issued to be

extended within such limits and in such circumstances

as may be prescribed by the rules; and

(b) for terminating any such exemption, or for cancelling

any such certificate, in such circumstances as may be

so prescribed.

(2) While any such certificate is in force in respect of a ship

there shall be endorsed on the certificate such information relating

to -

(a) periodical inspections of the ship in accordance with

the load line rules, and

(b) any extension of the period for which the certificate

was issued,

as may be prescribed by the rules.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 271 International Load Line Exemption Certificates. — MERCHANT SHIPPING ACT Open official source

(1) The load line rules may make such provision as

ap pea rs to th e M in iste r to be appropriate for securing that

exemption certificates which, in accordance with the Load Line

Convention, are issued in respect of ships to which article 261

applies, and are so issued by governments other than the

Government of Malta, shall have, in such circumstances as may be

prescribed by the rules, the like effect for the purposes of the load

line provisions of this Act as if they were valid Convention

certificates.

(2) Certificates issued as mentioned in sub-article (1) shall be

included among the certificates to be called "International Load

Line Exemption Certificates".

Subdivision load lines and deck cargo

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 272 Subdivision load lines. — MERCHANT SHIPPING ACT Open official source

Where in pursuance of the law of any country made for the

purpose of giving effect to the international convention entitled the

International Convention for the Safety of Life at Sea signed in

London on 10th June, 1948, a passenger ship to which the load line

provisions of this Act apply is marked with subdivision load lines,

and the lowest of those lines is lower than the line which, apart

from this article, would be the appropriate load line for the

purposes of article 253 in the case of a Maltese ship, or for the

purposes of article 263 in the case of a foreign ship, those articles

s h a l l h a v e e ff e c t a s i f t h a t s u b d i v i s i o n l o a d l i n e w e r e t h e

appropriate load line for the purposes of those articles.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 273 Deck cargo. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may make regulations (in this Act

referred to as the "deck cargo regulations") prescribing

requirements to be complied with where cargo is carried in any

uncovered space on the deck of a ship to which the load line

provisions of this Act apply; and different requirements may be so

prescribed in relation to different descriptions of ships, different

descriptions of cargo, different voyages or classes of voyages,

different seasons of the year and any other different circumstances.

(2) If the load line rules provide (either generally or in

particular cases or classes of cases) for assigning special freeboards

to ships which are to have effect only where a cargo of timber is so

carried, then, without prejudice to the generality of the preceding

sub-article, the deck cargo regulations may prescribe special

requirements to be complied with in circumstances where any such

special freeboard has effect.

(3) In prescribing any such special requirements as are

mentioned in sub-article (2), the Minister shall have regard in

particular to the relevant provisions of the Load Line Convention.

(4) If any provisions of the deck cargo regulations are

contravened -

(a) in the case of a Maltese ship, or

(b) in the case of any other ship while the ship is in any

port in Malta,

the master of the ship shall, subject to the next following sub-

article, be liable to a fine (multa) not exceeding one thousand units.

(5) Where a person is charged with an offence under sub-article

(4), it shall be a defence to prove that the contravention was due

solely to deviation or delay and that the deviation or delay was

caused solely by stress of weather or other circumstances which

neither the master nor the owner nor the charterer (if any) could

have prevented or forestalled.

(6) For the purpose of securing compliance with the deck cargo

regulations, any person authorised in that behalf by the Minister

may inspect any ship to which the load line provisions of this Act

apply which is carrying cargo in any uncovered space on her deck;

and for the purposes of any such inspection any such person shall

have all the powers of a surveyor of ships.

Miscellaneous and supplementary provisions

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 274 Application of articles 224, 227, 229 and 231 to load line certificates. — MERCHANT SHIPPING ACT Open official source

Articles 224, 227, 229 and 231 shall have effect in relation

to any certificate issued under the load line provisions of this Act

as they have effect in relation to a certificate to which those

provisions relate.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 275 Convention countries. — MERCHANT SHIPPING ACT Open official source

(1) The Minister, if satisfied -

(a) that the government of a country has accepted, or has

denounced the Load Line Convention, or

(b) that the Load Line Convention extends, or has ceased

to extend, to a particular territory,

may by order in the Gazette make a declaration to that effect.

(2) A country the government of which has been so declared to

have accepted, and which has not been so declared to have

denounced, the Load Line Convention, and a territory to which the

Load Line Convention has been so declared to extend, not being a

country to which it has been so declared that that Convention has

ceased to extend, are in this Act referred to as a "Convention

country".

(3) Any such government as is referred to in sub-article (2) is

in this Act referred to as a "contracting Government".

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 276 Interpretation for purposes of load line provisions. — MERCHANT SHIPPING ACT Open official source

(1) For the purposes of the load line provisions of this

Act, except in so far as the context otherwise requires -

"alteration" includes deterioration;

"existing ship" means a ship which is not a new ship;

"international voyage" means a voyage between -

(a) a port in Malta and a port outside Malta, or

(b) a port in a Convention country (other than Malta) and

a port in any other country, whether a Convention

country or not, which is outside Malta,

and for the purposes of this definition -

(i)

in determining what are the ports between which

a voyage is made, no account shall be taken of

any deviation by a ship from her intended

voyage which is due solely to stress of weather

or any other circumstances which neither the

master nor the owner nor the charterer (if any)

could have prevented or forestalled, and

(ii) any colony, protectorate or other dependency,

any territory for whose international relations a

government is separately responsible, and any

territory for which the United Nations are the

administering authority, shall be taken to be a

separate territory;

"new ship" means a ship whose keel is laid, or which is at a

similar stage of construction on or after the material date; and for

the purposes of this definition the material date -

(a) in relation to a new ship whose parent country is a

Convention country other than Malta, is the date as

from which it is declared under article 275 either that

the government of that country has accepted the Load

Line Convention or that it is a territory to which that

convention extends, and

(b) in relation to any other ship, is the date on which the

load line provisions of this Act come into force;

"parent country", in relation to a ship, means the country or

territory in which the ship is registered, or, if the ship is not

registered anywhere, the country or territory whose flag the ship

flies.

(2) Where in accordance with the tonnage regulations of this

Act alternative tonnages are assigned to a ship, the gross tonnage of

the ship shall, for the purposes of the load line provisions of this

Act, be taken to be the larger of those tonnages.

(3) For the purpose of the load line provisions of this Act, the

length of a ship shall be ascertained in accordance with regulations

made by the Minister under this sub-article or with such provisions

as may be contained in the load line rules.

Ships not subject to the load line provisions

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 277 Ship’s draught of water to be recorded.  — MERCHANT SHIPPING ACT Open official source

(1) This article applies to Maltese ships being either -

(a) ships to which the load line provisions of this Act do

not apply; or

(b) ships to which those provisions apply but which, by

virtue of an order made or exemption conferred under

those provisions, are exempt from all the said

provisions.

(2) The Minister may, in any case or class of cases in which he

thinks it expedient so to do, direct any person appointed by him for

the purpose, to record, in such manner and with such particulars as

he directs, the draught of water of any sea-going ship, as shown on

the scale of feet or decimetres on her stem or stern post, and the

extent of her freeboard, upon her leaving any dock, wharf, port or

harbour for the purpose of proceeding to sea; and the person so

appointed shall thereupon keep that record and shall forward a copy

thereof to the Minister.

(3) The master of every sea-going ship shall, upon her leaving

any dock, wharf, port or harbour for the purpose of proceeding to

sea, record her draught of water and the extent of her freeboard in

the official log book and shall produce the record to any officer

authorised in that behalf by the Minister whenever required by such

officer, and if he fails without reasonable cause to produce the

record he shall for each offence be liable to a fine (multa) not

exceeding twenty units.

(4) The master of a sea-going ship shall, upon the request of

any person appointed to record the ship’s draught of water permit

that person to enter the ship and to make such inspections and take

such measurements as may be requisite for the purpose of that

record; and if any master fails to do so, or impedes, or suffers

anyone under his control to impede, any person so appointed in the

execution of his duty he shall for each offence be liable to a fine

(multa) not exceeding twenty units.

(5) In this article "freeboard", means, in the case of any ship

which is marked with a deck-line, the height from the water to the

upper edge of the deck-line, and, in the case of any other ship, the

height amidships from the water to the upper edge of the deck from

which the depth of hold as stated in the register is measured.

3. UNSEAWORTHY SHIPS

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 278 Unseaworthy ship.  — MERCHANT SHIPPING ACT Open official source

(1) For the purposes of articles 278 to 283C of this Act a

s h ip i s a n “u n s e a w or t h y s h i p ” or “ u n s a f e s h ip ” o r i s i n an

“unseaworthy state” if, having regard to the nature of the service

for which it is intended, the ship is, by reason of the matters

mentioned in sub-article (2), unfit to proceed to sea without danger

to human life, property or the marine environment.

(2)

The matters referred to in sub-article (1) are -

(a) the condition, or the unsuitability for its purpose, of -

(i) the ship or its hull or equipment or machinery, or

(ii) any part of the ship or its hull or equipment or

machinery;

(b) undermanning;

(c) overloading or unsafe or improper loading;

(d) unfamiliarity by the master or the crew with essential

shipboard procedures relating to the safety of ships;

(e) any other matter relevant to the safety of the ship

including without prejudice to the generality of the

foregoing the fact that the ship is in contravention of

any regulation made under Part VA of this Act;

and are referred to in articles 278 to 283C of this Act, in relation to

any ship, as “the matters relevant to its safety”.

(3) In articles 278 to 283C of this Act, “proceed to sea” shall,

in a case where the service for which the ship is intended consists

of going on voyages or excursions that do not involve proceeding

to sea, be construed as “going on such voyage or excursion

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 279 Offence to send unseaworthy ships to sea. — MERCHANT SHIPPING ACT Open official source

(1) If any person sends or attempts to send, or is a party

to sending or attempting to send, a ship to sea in such an

unseaworthy state that the life of any person is likely to be thereby

endangered, he shall, unless he proves that he used all reasonable

means to ensure her being sent to sea in a seaworthy state or that

her going to sea in such an unseaworthy state was, under the

circumstances, reasonable and justifiable, be liable in respect of

each offence to imprisonment for a period not exceeding two years

or to a fine (multa) not exceeding one thousand units or to both

such imprisonment and fine (multa).

(2) If the master of a ship knowingly takes the same to sea in

such an unseaworthy state that the life of any person is likely to be

thereby endangered, he shall, unless he proves that her going to sea

in such an unseaworthy state was, under the circumstances,

reasonable and justifiable, be liable in respect of each offence to

imprisonment for a period not exceeding two years or to a fine

( multa ) not exceeding one thousand units or to both such

imprisonment and fine (multa).

(3) The provisions of sub-article (1) shall apply mutatis

mutandis to any person who sends or attempts to send, or is a party

to sending or attempting to send, a foreign ship to sea from any port

in Malta.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 280 Obligations as to seaworthiness in relation to the crew. — MERCHANT SHIPPING ACT Open official source

(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.

(2) Nothing in this article shall subject the owner of a ship or

bareboat charterer to any liability by reason of the ship being sent to

sea in an unseaworthy state where, owing to special circumstances,

the sending of the ship to sea in such a state was reasonable and

justifiable.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 281 Power to detain unsafe ships. — MERCHANT SHIPPING ACT Open official source

(1) Where it appears to the Registrar-General that a

Maltese ship, being in any port in or outside Malta, or a foreign

ship, being at a port in Malta, is an unsafe ship, the Registrar-

General may -

(a) in the case of a Maltese ship wherever she may be,

suspend her certificate of registry and prohibit her

from proceeding to sea; or

(b) in the case of a Maltese ship at a port in Malta, or a

foreign ship, cause her to be detained, until he is

satisfied that she is fit to proceed to sea.

(2) Where the ship is detained pursuant to sub-article (1), the

Registrar-General may adopt any measures or means he thinks

suitable or necessary to prevent the ship from sailing while it is

unseaworthy.

(3)

Where a ship has been detained under sub-article (1) -

(a) a detention notice specifying the grounds of the

detention of such ship and prohibiting the ship from

proceeding to sea until it is released shall forthwith be

served on the master of the ship;

(b) in the case of a foreign ship, a copy of such detention

notice shall forthwith be sent to the nearest consular

officer of the country to which the ship belongs;

(c) the Registrar-General may at any time, if he thinks it

expedient, refer the matter to the court of survey; and

(d) the Registrar-General may at any time, if he is

satisfied that such ship is no longer unsafe, order her

to be released either upon or without any conditions.

(4) A ship detained under this article shall not be released by

reason of her Maltese register being subsequently closed.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 282 References of detention notices to court of survey. — MERCHANT SHIPPING ACT Open official source

(1) Any question as to whether any of the matters

specified in relation to a ship in a detention notice in pursuance of

article 281 of this Act in connection with any opinion formed by

the Registrar-General constituted a valid basis for that opinion

shall, if the master, or the owner, or the bareboat charterer of the ship

so requires by a notice given to the Registrar-General within ten

days from the service of the detention notice, be referred to the

court of survey.

(2) Where a notice is given by the master, or the owner, or the

bareboat charterer of the ship in accordance with sub-article (1), the

giving of the notice shall not suspend the operation of the detention

notice unless, on the application of the person requiring the

reference, the court of survey so directs.

(3) The court of survey shall have regard, in coming to its

decision, to any other matter not specified in the detention notice

which appear to it to be relevant to whether the ship was or was not

an unsafe ship.

(4) Where on a reference under this article the court of survey

decides as respects any matter to which the reference relates, that in

all the circumstances the matter did not constitute a valid basis for

the Registrar-General’s opinion, it shall either cancel the detention

notice or affirm it with such modifications as it may in the

circumstances think fit; and in any other case the court of survey

shall affirm the notice in its original form.

(5)

The court of survey shall include in its decision a finding

whether there was or was not a valid basis for the detention of the

ship as an unsafe ship.

(6) Where the owner or master of a foreign ship, being at a port

in Malta, appeals to the court of survey, the consular officer

referred to in article 281, on his request, may appoint a competent

person to be assessor in lieu of the assessor who, if the ship were a

Maltese ship, would be appointed otherwise than by the Minister.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 283 Compensation in connection with invalid detention of ship. — MERCHANT SHIPPING ACT Open official source

(1) If on a reference under article 282 of this Act relating

to a detention notice in relation to a ship -

(a) the court of survey decides that any matter did not

constitute a valid basis for the Registrar-General’s

opinion, and

(b) it appears to the court of survey that there were no

reasonable grounds for the Registrar-General to form

that opinion,

the court of survey may award the owner of the ship such

compensation in respect of any loss suffered by him in consequence

of the detention of the ship as the court of survey thinks fit.

(2) Any compensation awarded under this article shall be

payable by the Authority.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 283A Liability for costs. — MERCHANT SHIPPING ACT Open official source

(1) If a ship is detained or has her certificate of registry

suspended in accordance with article 281, the owner of the ship

shall be liable to pay to the Registrar-General his costs of and

incidental to the detention of the ship.

(2) For the purposes of this article the costs of and incidental

to any measures or means adopted in terms of article 281(2) and to

any proceedings before a court of survey, shall be part of the costs

of the detention of the ship, and any dispute as to the amount of

these costs shall be referred to the Registrar of Courts who shall, on

request by the Registrar-General, ascertain and certify the proper

amount of those costs.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 283B Owner and master liable in respect of unsafe ship. — MERCHANT SHIPPING ACT Open official source

(1) If a Maltese ship, being in any port in or outside

Malta, or a foreign ship, being at a port in Malta, is unsafe, then,

subject to sub-articles (4) and (5), the master and the owner of the

ship shall each be guilty of an offence.

(2) Where, at the time when a ship is unsafe, any responsibility

of the owner with respect to the matters relevant to its safety have

been assumed (whether wholly or in part) by any person or persons

other than the owner, and have been so assumed by that person or

(as the case may be) by each of those persons either -

(a) directly, under the terms of a charter-party or

management agreement made with the owner, or

(b) indirectly, under the terms of a series of charter-parties

or management agreements,

the reference to the owner in sub-article (1) shall be construed as a

reference to that other person or (as the case may be) to each of

those other persons.

MERCHANT SHIPPING

(3) A person guilty of an offence under this article shall be

liable to a fine (multa) not exceeding one thousand units or to

imprisonment for a period not exceeding two years or to both such

fine (multa) and imprisonment.

(4) It shall be a defence in proceedings for an offence under

this article to prove that at the time of the alleged offence -

(a) arrangements had been made which were appropriate

to ensure that before the ship went to sea it was made

fit to do so without serious danger to human life by

reason of the matters relevant to its safety which are

specified in the charge; or

(b) it was reasonable for such arrangements not to have

been made.

(5) It shall also be a defence in proceedings for an offence

under this article to prove -

(a) that, under the terms of one or more charter-parties or

management agreements entered into by the accused,

the relevant responsibilities, namely -

(i)

where the accused is the owner, his

responsibilities with respect to the matters

relevant to the ship’s safety, or

(ii) where the accused is liable to proceedings under

this article by virtue of sub-article (2), so much

of those responsibilities as had been assumed by

him as mentioned in that sub-article,

had at the time of the alleged offence been wholly

assumed by some other person or persons party

thereto; and

(b) that in all the circumstances of the case the accused

had taken such steps as it was reasonable for him to

take, and exercised such diligence as it was reasonable

for him to exercise, to secure the proper discharge of

the relevant responsibilities during the period during

which they had been assumed by some other person or

persons as mentioned in paragraph (a);

and, in determining whether the accused had done so, regard shall

be had in particular to the matters mentioned in sub-article (6).

(6)

Those matters are -

(a) whether prior to the time of the alleged offence the

accused was, or in all the circumstances ought

reasonably to have been, aware of any deficiency in

the discharge of the relevant responsibilities; and

(b) the extent to which the accused was or was not able,

under the terms of any such charter-party or

management agreement as is mentioned in sub-article

(5)(a) -

(i) to terminate it, or

(ii) to intervene in the management of the ship, in

the event of any such deficiency, and whether it

was reasonable for the accused to place himself

in that position.

(7)

In this article -

“management agreement”, in relation to a ship, means any

agreement (other than a charter-party or a contract of employment)

under which the ship is managed, either wholly or in part, by a

person other than the owner (whether on behalf of the owner or on

behalf of some other person); and

“relevant responsibilities” shall be construed in accordance with

sub-article (5).

(8) References in this article to responsibilities being assumed

by a person under the terms of a charter-party or management

agreement are references to their being so assumed by him whether

or not he has entered into a further charter-party or management

agreement providing for them to be assumed by some other person.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 283C Owner liable for unsafe operation of ship. — MERCHANT SHIPPING ACT Open official source

(1) It shall be the duty of the owner of a ship to which

this article applies to take all reasonable steps to secure that the

ship is operated in a safe manner.

(2) This article applies to a Maltese ship, being in any port in

or outside Malta, and to a foreign ship, which is within the

territorial waters of Malta while proceeding to or from a port in

Malta, unless such ship would not be so proceeding but for weather

conditions or any other unavoidable circumstances.

(3) If the owner of a ship to which this article applies fails to

discharge the duty imposed on him by sub-article (1), he shall be

liable to a fine (multa) not exceeding one thousand units or to

imprisonment for a period not exceeding two years or to both such

fine (multa) and imprisonment.

(4)

Where any such ship -

(a) is chartered by demise, or

(b) is managed, either wholly or in part, by a person other

than the owner under the terms of a management

agreement within the meaning of article 283B,

any reference to the owner of the ship in sub-article (1) or (3) shall

be construed as including a reference -

(i) to the charterer under the charter by demise, or

(ii) to any such manager as is referred to in

paragraph (b) above, or

(iii) (if the ship is both chartered and managed as

mentioned above) to both the charterer and any

such manager,

and accordingly the reference in sub-article (1) to the taking of all

reasonable steps shall, in relation to the owner, the charterer or any

such manager, be construed as a reference to the taking of all such

steps as it is reasonable for him to take in the circumstances of the

case.

4. CARRIAGE OF DANGEROUS GOODS

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 284 Dangerous goods. — MERCHANT SHIPPING ACT Open official source

For the purposes of this Part of this Act, "dangerous

goods" includes aquafortis, vitriol, naphta, benzine, gun-powder,

lucifer matches, nitro-glycerine, petroleum, explosives, and any

goods declared to be dangerous by the rules made under the next

following article.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 285 Rules as to the carriage of dangerous goods.  — MERCHANT SHIPPING ACT Open official source

(1) The Minister may make rules for regulating in the

interests of safety the carriage of dangerous goods in ships to which

this article applies.

(2)

This article applies to -

(a) Maltese ships;

(b) other ships while they are within any port in Malta.

(3) If any of the rules made in pursuance of this article is not

complied with in relation to any ship to which this article applies,

the owner or master of the ship shall be liable for each offence to a

fine (multa) not exceeding three hundred units, and the ship shall be

deemed, for the purposes of this Part of this Act, to be unsafe by

reason of improper loading.

(4) The Minister may exempt any ships or classes of ships from

any rules made under this article, either absolutely or subject to

such conditions as he thinks fit.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 286 Restrictions on carriage of dangerous goods.  — MERCHANT SHIPPING ACT Open official source

(1) A person shall not send or attempt to send by any

vessel, whether Maltese or foreign, and any person not being the

master or owner master, or the owner, or the bareboat charterer of the

vessel shall not carry or attempt to carry in any such vessel, any

dangerous goods without distinctly marking their nature on the

outside of the package containing the same and giving written

notice of the nature of those goods and of the name and address of

the sender or carrier thereof to the master or owner master, or the

owner, or the bareboat charterer of the vessel at or before the time of

sending the same to be shipped or taking the same on board the

vessel.

(2) If any person fails without reasonable cause to comply with

this article, he shall for each offence be liable to a fine (multa) not

exceeding one hundred units

Provided that if he shows that he was merely an agent in the

shipment of any such goods as aforesaid and was not aware and did

not suspect and had no reason to suspect that the goods shipped by

him were of a dangerous nature, he shall be liable to a fine (multa)

not exceeding ten units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 287 Misdescription of dangerous goods.  — MERCHANT SHIPPING ACT Open official source

A person shall not knowingly send or attempt to send by,

or carry or attempt to carry in, any vessel, whether Maltese or

foreign, any dangerous goods under a false description and shall

not falsely describe the sender or carrier thereof; and if he acts in

contravention of this article he shall for each offence be liable to a

fine (multa) not exceeding five hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 288 Power to deal with goods suspected of being dangerous. — MERCHANT SHIPPING ACT Open official source

(1) The master, or the owner, or the bareboat charterer of

any vessel, whether Maltese or foreign, may refuse to take on board

any package or parcel which he suspects to contain any dangerous

goods, and may require it to be opened to ascertain the fact.

(2) Where any dangerous goods, or any goods which in the

judgement of the master, or the owner, or the bareboat charterer of the

vessel are dangerous goods, have been sent or brought aboard any

vessel as aforesaid without being marked, or without such notice

having been given, as provided in article 286, the master, or the

owner, or the bareboat charterer of the vessel may cause those goods

to be thrown overboard, together with any package or receptacle in

which they are contained, and neither the master, nor the owner nor

the bareboat charterer of the vessel shall be subject to any liability,

civil or criminal, in any court for so throwing the goods overboard.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 289 Forfeiture of dangerous goods improperly sent or carried. — MERCHANT SHIPPING ACT Open official source

(1) Where any dangerous goods have been sent or

carried, or attempted to be sent or carried, on board any vessel

whether Maltese or foreign, without being marked, or without such

notice being given, as provided in article 286, or under a false

description, or with a false description of the sender or carrier

thereof, any court taking cognizance of any offence in relation to

those goods, or the Civil Court, First Hall, at the instance of the

Minister by way of application, may declare those goods, and any

package or receptacle in which they are contained, to be, and they

shall thereupon be, forfeited, and when forfeited shall be disposed

of as the court directs.

(2) The court shall have, and may exercise, the aforesaid

powers of forfeiture and disposal notwithstanding that the owner of

the goods has not committed any offence relating to dangerous

goods, and is not before that court, and has no notice of the

proceedings and notwithstanding that there is no evidence to show

to whom the goods belong; but the court may, in its discretion,

require such notice as it may direct to be given to the owner or

shipper of the goods before they are forfeited.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 290 Carriage of grain. — MERCHANT SHIPPING ACT Open official source

(1) Where grain is loaded on board any Maltese ship, or

is loaded within any port in Malta on board any ship, all necessary

and reasonable precautions shall be taken to prevent the grain from

shifting; and if such precautions as aforesaid are not taken, the

owner, or bareboat charterer or the master of the ship, or any agent

of the owner, or bareboat charterer who was charged with the

loading or with sending the ship to sea laden with the grain, shall

be guilty of an offence under this sub-article and the ship shall be

deemed, for the purposes of this Part of this Act, to be unsafe by

reason of improper loading.

(2) Where any ship, having been loaded with grain outside

Malta without taking all necessary and reasonable precautions to

prevent the grain from shifting, enters any port in Malta so laden,

the owner, or bareboat charterer, or master of the ship shall be guilty

of an offence under this sub-article and the ship shall be deemed for

the purposes of this Part of this Act to be unsafe by reason of

improper loading

Provided that this sub-article shall not have effect if the

ship would not have entered any such port but for stress of weather

or any other circumstances which neither the master nor the owner

nor the charterer (if any) could have prevented or forestalled.

(3) Without prejudice to the generality of the two preceding

sub-articles, any particular precaution prescribed by rules made by

the Minister under this sub-article, in relation to the loading of

ships generally or of ships of any class, as being a precaution to be

treated for the purposes of those sub-articles as a necessary or

reasonable precaution to prevent grain from shifting, shall be so

treated in the case of ships generally or of ships of that class, as the

case may be

Provided that this sub-article shall not apply when a ship is

loaded in accordance in all respects with any provisions approved

by the Minister as respects the loading in question other than rules

made under this sub-article.

(4) If any person commits an offence under sub-article (1) or

sub-article (2), he shall for each offence be liable to a fine (multa)

not exceeding three hundred units.

(5) On the arrival at any port in Malta from a port outside

Malta of any ship carrying a cargo of grain, the master shall cause

to be delivered to the Minister a notice stating -

(a) the draught of water and freeboard, as defined by this

Part of this Act, of the said ship after the loading of her

cargo was completed at the final port of loading; and

(b) the following particulars of the grain carried, namely -

(i)

the kind of grain and the quantity thereof, stated

in metric units of volume or weight;

(ii) the mode in which the grain is stowed; and

(iii) the precautions taken to prevent the grain from

shifting;

and if the master fails to deliver any notice required by this sub-

article, or if in any such notice he makes any statement that he

knows to be false in a material particular or recklessly makes any

statement that is false in any material particular, he shall for each

offence be liable to a fine (multa) not exceeding one hundred units.

(6) Any person having a general or special authority in that

behalf from the Minister may, for securing the observance of the

provisions of this article, inspect any grain and the mode in which

it is stowed, and for those purposes he shall have all the powers of a

surveyor of ships.

(7) In this article, the expression "grain" includes wheat,

maize, oats, rye, barley, rice, pulses and seeds; and the expression

"ship carrying a cargo of grain" means a ship carrying a quantity of

grain exceeding one-third of the ship’s r egistered tonnage,

reckoning one hundred cubic feet or two tons weight of grain as

equivalent to one ton of registered tonnage.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 291 Saving for other enactments relating to dangerous goods. — MERCHANT SHIPPING ACT Open official source

The provisions of this Part of this Act relating to the

carriage of dangerous goods shall be deemed to be in addition to

and not in substitution for, or in restraint of, any other enactment

for the like object, so nevertheless that nothing in the said

provisions shall be deemed to authorise any person to be sued or

prosecuted twice in the same matter.

5. PREVENTION OF COLLISIONS

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 292 Collision regulations. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may make regulations for the prevention

of collisions at sea and in navigable waters (in this Act referred to

as the "collision regulations"), and may thereby regulate the lights

to be carried and exhibited, the fog signals to be carried and used,

and the steering and sailing rules to be observed, by ships.

(2) The collision regulations, together with the provisions of

this Part of this Act relating thereto or otherwise relating to

collisions, shall apply to all Maltese vessels and shall also be

observed by all foreign ships within Maltese territorial and inland

waters, and in any case arising in a Maltese court concerning

matters arising within the said waters foreign ships shall, so far as

respects the collision regulations and the aforesaid provisions of

this Act, be treated as if they were Maltese ships.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 293 Observance of collision regulations. — MERCHANT SHIPPING ACT Open official source

(1) All owners or bareboat charterers and masters of ships

shall observe the collision regulations, and shall not carry or

exhibit any other lights, or use any other fog signals, than such as

are required by those regulations.

(2) If an infringement of the collision regulations is caused by

the wilful default of the master, or owner, or bareboat charterer of the

ship, that master, or owner, or bareboat charterer shall for each

offence be liable to imprisonment for a period not exceeding two

years or to a fine (multa) not exceeding five hundred units or to

both such imprisonment and fine.

(3) If any damage to person or property arises from the non-

observance by any ship of any of the collision regulations, the

damage shall be deemed to have been occasioned by the wilful

default of the person in charge of the deck of the ship at the time,

unless it is shown to the satisfaction of the court that the

circumstances of the case made a departure from the regulations

necessary.

(4) Nothing in sub-article (3) shall affect any liability of the

owner or bareboat charterer and the master of the ship for damage.

(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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 294 Inspections as to lights and signals. — MERCHANT SHIPPING ACT Open official source

(1) A surveyor of ships may inspect any ship, whether

Maltese or foreign, for the purpose of seeing that the ship is

properly provided with lights and the means of making fog signals,

in conformity with the collision regulations, and if the surveyor

finds that the ship is not so provided, he shall give to the master, or

the owner, or the bareboat charterer notice in writing pointing out the

deficiency and also what, in his opinion, is requisite in order to

remedy the same.

(2) Every notice so given shall be communicated to the officer

from whom the ship may seek to obtain clearance; and the ship

shall be detained until a certificate under the hand of a surveyor of

ships is produced to the effect that the ship is properly provided

with lights and with the means of making fog signals in conformity

with the collision regulations.

(3) Where the certificate as to lights and fog signals is refused,

the owner, master, or bareboat charterer may appeal to the court of

survey in manner directed by the rules of that court.

(4) On any such appeal the chairman of the court of survey

shall report to the Minister on the question raised by the appeal,

and the Minister, when satisfied that the requirements of the report

and of this Act as to lights and fog signals have been complied

with, may grant, or direct a surveyor of ships or other person

appointed by him to grant, the certificate.

(5) Subject to any order made by the chairman of the court of

survey, the costs of and incidental to the appeal shall follow the

event.

(6) A surveyor, in making an inspection under this article,

shall, if the owner, or the master, or the bareboat charterer of the ship

so requires, be accompanied on the inspection by some person

appointed by the owner, or the master, or the bareboat charterer and,

if in that case the surveyor and the person so appointed agree, there

shall be no appeal under this article to the court of survey.

(7) Such fees as the Minister may prescribe shall be paid in

respect of an inspection of lights and fog signals under this article.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 295 Duty of vessel to assist the other in case of collision. — MERCHANT SHIPPING ACT Open official source

(1) In every case of collision between two vessels, it shall

be the duty of the master or person in charge of each vessel, if and

so far as he can do so without danger to his own vessel, crew and

passengers (if any) -

(a) to render to the other vessel, her master, crew and

passengers (if any) such assistance as may be

practicable and may be necessary to save them from

any danger caused by the collision, and to stay by the

other vessel until he has ascertained that she has no

need of further assistance; and

(b) to give to the master or person in charge of the other

vessel the name of his own vessel and of her port of

registry, and also the names of the ports from which

she comes and to which she is bound.

(2) If the master or person in charge fails without reasonable

cause to comply with this article, he shall be liable to imprisonment

for a period not exceeding two years or to a fine (multa) not

exceeding one thousand units or to both such imprisonment and

fine; and if he is a certified officer an inquiry into his conduct may

be held and his certificate cancelled or suspended.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 296 Collision to be entered in official log book.  — MERCHANT SHIPPING ACT Open official source

(1) In every case of collision in which it is practicable so

t o d o , the master of every ship shall, i m m e d i a t e l y a f t e r t h e

occurrence, cause a statement thereof and of the circumstances

under which the same occurred, to be entered in the official log

book, and the entry shall be signed by the master and also by the

mate or one of the crew.

(2) If the master fails to comply with this article he shall for

each offence be liable to a fine (multa) not exceeding fifty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 297 Application of collision regulations beyond Maltese jurisdiction. — MERCHANT SHIPPING ACT Open official source

Whenever it is made to appear to the Minister that the

government of any foreign country is willing that the collision

regulations, or the foregoing provisions of this Part of this Act

relating thereto or otherwise relating to collisions, or any of those

regulations or provisions, should apply to the ships of that country

when beyond the limits of Maltese territorial waters, the Minister

may by order in the Gazette direct that those regulations and

provisions shall, subject to any limitations of time, conditions and

qualifications contained in the order, apply to the ships of the

country aforesaid, whether within Maltese territorial or inland

waters or not, and that such ships shall, for the purposes of such

regulations and provisions, be treated as if they were Maltese ships.

6. MISCELLANEOUS PROVISIONS

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 298 General equipment of passenger ships. — MERCHANT SHIPPING ACT Open official source

(1) A sea-going passenger ship shall have her compasses

properly adjusted from time to time to the satisfaction of a surveyor

of ships.

(2) A passenger ship shall be provided with a safety valve on

each boiler, so constructed as to be out of the control of the

engineer when the steam is up, and, if the safety valve is in addition

to the ordinary valve, so constructed as to have an area not less, and

a pressure not greater, than the area of, and the pressure on, the

ordinary valve.

(3) If a ship plies or goes to sea, or attempts to ply or go to sea,

from any port in Malta without being equipped as required by this

article, then for each matter in which default is made, the owner, or

the master, or the bareboat charterer of the ship shall be liable to a

fine (multa) not exceeding one hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 299 Placing of undue weight on safety valve.  — MERCHANT SHIPPING ACT Open official source

A person shall not unduly increase the weight on the

safety valve of any ship and, if he does so, he shall, in addition to

any other liability he may incur by so doing, be liable for each

offence to a fine (multa) not exceeding one hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 300 Report of dangers to navigation. — MERCHANT SHIPPING ACT Open official source

(1) The master of any Maltese ship, on meeting with

dangerous ice, a dangerous derelict, a tropical storm, or any other

direct danger to navigation, shall send information accordingly, by

all means of communication at his disposal, and in accordance with

such rules as may be made by the Minister for the purposes of this

article, to ships in the vicinity and to such authorities on shore as

may be prescribed by those rules.

(2) If the master of a ship fails to comply with this article he

shall for each offence be liable to a fine (multa) not exceeding fifty

units.

(3)

Deleted by Act I.2025.88.

(4)

Deleted by Act I.2025.88.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 301 Signals of distress. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may make rules prescribing what signals

shall be used by Maltese ships as signals of distress and the

circumstances in which, and the purposes for which, any signal so

prescribed is to be used and the circumstances in which it is to be

revoked.

(2) If the master of a ship uses or displays or permits any

person under his authority to use or display -

(a) any signal prescribed under this article except in the

circumstances and for the purposes prescribed by the

rules made under this article; or

(b) any signal that is liable to be mistaken for any signal

so prescribed,

he shall be liable to a fine (multa) not exceeding fifty units and

shall further be liable for any compensation for any labour

undertaken, risk incurred, or loss sustained, in consequence of the

signal having been supposed a signal of distress.

(3) Nothing in article 300(3) shall interfere

with

the

transmission of signals prescribed under this article.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 302 Signalling lamps.  — MERCHANT SHIPPING ACT Open official source

No Maltese ship, being a ship of over one hundred and

fifty tons gross tonnage, shall proceed to sea unless the ship is

provided with a signalling lamp of a type approved by the Minister;

and if any ship proceeds or attempts to proceed to sea in

contravention of this article, the owner, or bareboat charterer or

master thereof shall for each offence be liable to a fine (multa) not

exceeding twenty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 303 Method of giving helm orders.  — MERCHANT SHIPPING ACT Open official source

(1) No person on any Maltese ship shall, when the ship is

going ahead, give a helm or steering order containing the word

"starboard" or "right", or any equivalent of "starboard" or "right",

unless he intends that the head of the ship shall move to the right,

or give a helm or steering order containing the word "port" or

"left", or any equivalent of "port" or "left", unless he intends that

the head of the ship shall move to the left.

(2) Any person who contravenes this article shall for each

offence be liable to a fine (multa) not exceeding fifty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 304 Careful navigation near ice. — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.90.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 305 Obligation to assist vessels in distress.  — MERCHANT SHIPPING ACT Open official source

(1) The master of a Maltese ship, on receiving at sea a

signal of distress or information from any source that a vessel or

aircraft is in distress, shall proceed with all speed to the assistance

of the persons in distress (informing them if possible that he is

doing so), unless he is unable, or in the special circumstances of the

case considers it unreasonable or unnecessary, to do so, or unless

he is released under the provisions of sub-article (3) or (4).

(2) Where the master of any ship in distress has requisitioned

any Maltese ship that has answered his call, it shall be the duty of

the master of the requisitioned ship to comply with the requisition

by continuing to proceed with all speed to the assistance of the

persons in distress.

(3) A master shall be released from the obligation imposed by

sub-article (1) as soon as he is informed of the requisition of one or

more ships other than his own and that the requisition is being

complied with by the ship or ships requisitioned.

(4) A master shall be released from the obligation imposed by

sub-article (1) and, if his ship has been requisitioned, from the

obligation imposed by sub-article (2), if he is informed by the

persons in distress, or by the master of any ship that has reached the

persons in distress, that assistance is no longer required.

(5)If a master fails to comply with the preceding provisions of

this article, he shall for each offence be liable to imprisonment for a

period not exceeding two years or to a fine (multa) not exceeding

one thousand units or to both such imprisonment and fine.

(6) If the master of a Maltese ship, on receiving at sea a signal

of distress or information from any source that a vessel or aircraft

is in distress, is unable, or in the special circumstances of the case

considers it unreasonable or unnecessary, to go to the assistance of

the persons in distress, he shall forthwith cause a statement to be

entered in the official log book of his reasons for not going to the

assistance of those persons, and if fails to do so, he shall be liable

to a fine (multa) not exceeding one hundred units.

(7) The master of every Maltese ship shall enter or cause to be

entered in the official log book every signal of distress or message

that a vessel, aircraft or person is in distress at sea.

(8) Compliance by the master of a ship with the provisions of

this article shall not affect his right, or the right of any other

person, to salvage.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 306 Duty to render assistance to persons in danger at sea.  — MERCHANT SHIPPING ACT Open official source

(1) The master or person in charge of a Maltese vessel

shall, so far as he can do so without serious danger to his own

vessel, her crew and passengers (if any), render assistance to every

person who is found at sea in danger of being lost, even if such

person be a citizen of a State at war with Malta; and if he fails to do

s o h e s h a l l f o r e a c h o ffe n c e b e l i a b l e t o im pr i s o n m e n t n ot

exceeding two years or to a fine (multa) not exceeding one thousand

units or to both such imprisonment and fine.

(2) Compliance by the master or person in charge of a vessel

with the provisions of this article shall not affect his right, or the

right of any other person, to salvage.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 307 Report of accidents to ships.  — MERCHANT SHIPPING ACT Open official source

(1) When a Maltese ship has sustained or caused any

accident occasioning loss of life or any serious injury to any

p e r s o n , o r h a s r e c e iv e d a n y m at e r i a l da m a ge a ff e c t i n g he r

seaworthiness or her efficiency either in her hull or in any part of

her machinery, the owner, or the master, or the bareboat charterer

shall, within twenty-four hours after the happening of the accident

or damage, or as soon thereafter as possible, transmit to the

Minister, by letter signed by the owner, or the master, or the bareboat

charterer, a report of the accident or damage and of the probable

occasion thereof, stating the name of the ship and the place where

she is.

(2) If the owner, or the master, or the bareboat charterer of a ship

fails without reasonable cause to comply with this article, he shall

for each offence be liable to a fine (multa) not exceeding fifty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 308 Notice of loss of Maltese ship. — MERCHANT SHIPPING ACT Open official source

(1) If the owner, or the person to whom is entrusted the

management, of a Maltese ship has reason, owing to the non-

appearance of the ship or to any other circumstance, to apprehend

that the ship has been wholly lost, he shall, as soon as conveniently

may be, send to the Minister notice in writing of the loss and of the

probable occasion thereof, stating the name of the ship.

(2) If any such person as aforesaid fails without reasonable

cause to comply with this article within a reasonable time, he shall

for each offence be liable to a fine (multa) not exceeding fifty units.

PART VA

PREVENTION OF POLLUTION FROM SHIPS

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 308A Prevention of pollution from ships. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may make regulations as appear

necessary to give effect to any provision of any of the following

w h i c h h a v e b e e n r a t i f i e d o r ac c e d e d t o o r a c c e p t e d b y t h e

Government of Malta -

(a) the International Convention for the Prevention of

Pollution from Ships signed in London on the 2nd

November, 1973 and the Protocol thereto signed in

London on the 17th February, 1978 (including

protocols, annexes and appendices thereto);

(b) the Protocol relating to Intervention on the High Seas

in Cases of Marine Pollution by Substances other than

Oil signed in London on the 2nd November, 1973;

(c) the International Convention on Oil Pollution

Preparedness, Response and Cooperation signed in

London on the 30th November, 1990;

(d) any international agreement not mentioned in

paragraphs (a) to (c) above which relates to the

prevention, reduction or control of pollution of the sea

or other waters by matter from ships or which

regulates the liability of any person arising from

pollution of the sea or other waters;

and in paragraph (d) above the reference to an agreement includes

an agreement which provides for the modification of another

agreement, including the modification of an agreement mentioned

in paragraphs (a) to (c) above.

(2) Any reference in sub-article (1) to an international

agreement or convention or protocol shall include reference to any

amendment to such agreement or convention or protocol ratified,

acceded to or accepted by the Government of Malta.

(3) The powers conferred by sub-article (1) to make provision

for the purpose of giving effect to an agreement include power to

provide for the provision to come into force notwithstanding that

the agreement may not be in force.

PART VI

EMIGRANT SHIPS

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 309 Definitions for purposes of this Part. — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.92.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 310 Additional equipment for emigrant ships. — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.92.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 311 Regulations with respect to emigrant ships. — MERCHANT SHIPPING ACT Open official source

Deleted by Act I.2025.92.

PART VII

SPECIAL SHIPPING INQUIRIES AND COURTS

Inquiries and investigations as to shipping casualties

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 312 Shipping casualties. — MERCHANT SHIPPING ACT Open official source

A shipping casualty shall be deemed to occur where -

(a) any ship is or is supposed to have been lost,

abandoned, stranded or materially damaged;

(b) any ship or any ship’s boat or any cargo from that ship

has caused or is supposed to have caused, any loss,

abandonment, stranding or material damage, including

loss of life of any person or injury sustained by any

person;

(c) loss of life of any person has occurred on board any

ship or any ship’s boat;

(d) any person has sustained injury on board any ship or

any ship’s boat;

(e) the Minister by regulations has so prescribed.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 313 Preliminary inquiry into shipping casualty. — MERCHANT SHIPPING ACT Open official source

(1) A preliminary inquiry respecting a shipping casualty

may be held by such person as is appointed by the Minister where -

(a) a shipping casualty involves or is supposed to involve

a Maltese ship; or

(b) a shipping casualty involves or is supposed to involve

any ship and such casualty has occurred on the coasts

of Malta, including any port installation or ship repair

facility, or at sea within the territorial jurisdiction of

Malta, or where any witness is found in Malta; or

(c) the Minister by regulations has so prescribed.

(2) For the purpose of any such inquiry, the person holding the

same may -

(a) go on board any ship and inspect the same and every

part thereof, and the machinery, equipment and cargo

and may require the unloading or removal of any

cargo, ballast or tackle;

(b) by summons under his hand, require the attendance of

any person he thinks fit to call before him and examine

such person on the subject of the inquiry and

administer oaths to the persons to be so examined by

him;

(c) by summons under his hand or otherwise, require the

production of all books and other documents he

considers relevant for the purpose of such inquiry.

(3) The provisions of articles 362, 363 and 364 of the Criminal

Code shall apply to summons issued under sub-article (2).

(4) If any person summoned in the manner aforesaid refuses or

fails without reasonable cause to attend or to reply to any questions

put to him at the inquiry, or if any person refuses or fails without

reasonable cause to produce any book or document which it may be

in his power to produce and which he has been required to produce

as aforesaid, or if any person wilfully impedes the person holding

the inquiry or fails to comply with any requisition made by him,

such person shall for each offence be liable to a fine (multa) not

exceeding twenty units.

(5) Upon the conclusion of the inquiry, the person holding the

same shall make a report to the Minister.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 314 Formal investigation as to shipping casualties. — MERCHANT SHIPPING ACT Open official source

(1) A person authorised as aforesaid to make a

preliminary inquiry shall, in any case where it appears to him

requisite or expedient (whether upon a preliminary inquiry or

without holding such inquiry) that a formal investigation should be

held, and in any case where the Minister so directs, apply to the

Court of Magistrates to hold a formal investigation; and that court

shall thereupon hold the formal investigation.

(2) The person authorised as aforesaid to make a preliminary

inquiry shall also apply to the said court to hold a formal

investigation where the shipping casualty involves or is likely to

involve a question as to the cancelling or suspension of the

certificate of a master, mate or engineer.

(3) The said court shall have the same jurisdiction over the

matter referred to it as if the shipping casualty had occurred within

its jurisdiction and, without prejudice to the provisions of this Part

of this Act, shall have all the powers competent to it in the exercise

of its ordinary jurisdiction.

(4) Where a formal investigation is held under this Part of this

Act into any matter in respect of which an inquest is required to be

held under the Criminal Code, the provisions of that Code in

relation thereto shall be deemed to have been satisfied.

(5) Notwithstanding the provisions of sub-article (3), article

550A(4) of the Criminal Code shall apply to any formal

investigation held under this Part of this Act as if for the words "the

inquest" there were substituted the words "the formal investigation"

and for the word "experts" there was substituted the word

"assessors".

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 315 Procedure as to formal investigations. — MERCHANT SHIPPING ACT Open official source

(1) The court shall hold the formal investigation with the

assistance of one or more assessors of nautical, engineering or

other special skill or knowledge, to be appointed out of a list of

persons for the time being approved by the Minister, in such

manner and according to such regulations as may be prescribed by

rules by the Minister under this Part of this Act with respect

thereto

Provided that where an investigation involves or appears

likely to involve any question as to the cancelling or suspension of

the certificate of a master, mate or engineer, the court shall hold the

investigation with the assistance of not less than two assessors

having experience in the merchant service.

(2) Every formal investigation into a shipping casualty shall be

conducted in such manner that if a charge is made against any

person, that person shall have an opportunity of making a defence.

(3) Formal investigations shall be held in some public building

or other suitable place not being a court ordinarily used as a police

court, unless no other suitable place is, in the opinion of the court,

available.

(4) Formal investigations may, whenever the court shall deem

it expedient, be conducted in the English language, and any procès-

verbal or evidence written in that language may be inserted in the

record of the investigation as if it were written in Maltese.

(5) It shall be the duty of the person who has applied to the

court to hold a formal investigation to superintend the management

of the case and to render such assistance to the court as is in his

power.

(6) The court, after hearing the case, shall make a report to the

Minister containing a full statement of the case and of the opinion

of the court thereon, accompanied by such report on, or extracts

from, the evidence, and such observations as the court thinks fit.

(7) Each assessor shall either sign the report or state in writing

to the Minister his dissent therefrom and the reasons for that

dissent.

(8) The court may make such order as it thinks fit respecting

the costs of the investigation, or any part thereof.

(9) The fees payable to the assessors shall be those prescribed

by the Minister in the rules made under this Part of this Act with

respect to formal investigations.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 316 Other provisions as to reports. — MERCHANT SHIPPING ACT Open official source

(1) A duplicate of the report made following a formal

investigation, verified and certified by the registrar of the court to

be correct, shall be kept in the records of the court.

(2) Such report may be produced in evidence in any judicial

proceedings.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 317 Where criminal proceedings are taken following a shipping casualty. — MERCHANT SHIPPING ACT Open official source

(1) Where in connection with any shipping casualty

criminal proceedings are taken against any person before the Court

of Magistrates as a court of criminal inquiry, the certificated

duplicate of the report on the formal investigation into the shipping

casualty, with the evidence taken at such investigation, shall be

filed in the record of the proceedings, and the report shall have the

same effect as the procès-verbal referred to in the Criminal Code.

(2) In any such case it shall not be necessary to re-examine any

of the witnesses heard at the investigation whose depositions are

filed in the record of the criminal proceedings as aforesaid, unless

such re-examination is necessary to establish circumstances which

do not result from those depositions or is requested by the

defendant.

Provisions as to certificated officers

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 318 Power of Minister to cancel certificates. — MERCHANT SHIPPING ACT Open official source

The Minister may suspend or cancel the certificate or the

recognition of a certificate of any master, mate or engineer if it is

shown that he has been convicted of any criminal offence.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 319 Inquiry into conduct of certificated officer. — MERCHANT SHIPPING ACT Open official source

(1) If the Minister has reason to believe that any master,

mate or engineer is from any incompetency or misconduct unfit to

discharge his duties, or that in a case of collision or other accident

a t s ea he h as f a i le d to r ender such as sistance or g ive such

information as is required under Part V of this Act, the Minister

may cause an inquiry to be held by the Court of Magistrates.

(2) Any such inquiry shall be conducted and the results

reported in the same manner, and the court shall have the like

powers, as in the case of a formal investigation into a shipping

casualty under this Part of this Act

Provided that, if the Minister so directs, it shall be the duty

of the person who has brought the charge against the master, mate

or engineer, to the notice of the Minister, or of such other person as

is designated by the Minister, to conduct the case, and that person

shall, in that case, for the purposes of this Act, be deemed to be the

party having the conduct of the case.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 320 Removal of master by Civil Court, First Hall. — MERCHANT SHIPPING ACT Open official source

(1) The Civil Court, First Hall, may remove the master of

any Maltese ship if that removal is shown to the satisfaction of the

court to be necessary.

(2) The removal may be made upon the request, by way of

application, of any owner or bareboat charterer of the ship or his

agent, or of the consignee of the ship, or of any certificated mate, or

of one-third or more of the crew of the ship.

(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.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 321 Power as to certificates of the court holding investigation or inquiry. — MERCHANT SHIPPING ACT Open official source

(1) The certificate or the recognition of a certificate of a

master, mate or engineer may be cancelled or suspended -

(a) by the court holding a formal investigation into a

shipping casualty under this Part of this Act, if the

court finds that the loss or abandonment of, or serious

damage to, any ship, or loss of life has been caused by

his wrongful act or default

Provided that the court shall not cancel or

suspend a certificate, or a recognition of a certificate,

unless one at least of the assessors concurs in the

finding of the court;

(b) by the court holding an inquiry under this Part of this

Act into the conduct of a master, mate or engineer, if

the courts finds that he is incompetent or has been

guilty of any gross act of misconduct, drunkenness or

tyranny, or that in a case of collision at sea he has

failed to render such assistance or give such

information as is required under Part V of this Act;

(c) by the Civil Court, First Hall, where under the powers

given by article 320 the master is removed by that

court.

(2) Where any case before any such court as aforesaid involves

a question as to the cancelling or suspending of a certificate or of a

recognition of a certificate, the court shall, at the conclusion of the

case or as soon afterwards as possible, state in open court the

decision to which it has come with respect to the cancelling or

suspending thereof.

(3) The court shall in all cases send a full report on the case,

with the evidence, to the Minister, and shall also, if it determines to

cancel or suspend any certificate or recognition of a certificate,

send the certificate or the recognition cancelled or suspended to the

Minister with the report.

(4) A certificate or a recognition of a certificate shall not be

cancelled or suspended by the court unless a copy of the report, or a

statement of the case, on which the investigation or inquiry has

been ordered, or of the application made to the Civil Court, First

Hall, has been furnished to or served on the holder of the certificate

before the commencement of the investigation, inquiry or hearing.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 322 Delivery of certificate cancelled or suspended. — MERCHANT SHIPPING ACT Open official source

(1) A master, mate or engineer whose certificate, or the

recognition of whose certificate, is cancelled or suspended under

this Part of this Act shall deliver his certificate or the recognition of

his certificate -

(a) if cancelled or suspended by a court, to that court on

demand;

(b) if not so demanded, or if it is cancelled or suspended

by the Minister, to the Minister or as the Minister

directs, on demand.

(2) If a master, mate or engineer fails to comply with this

article he shall for each offence be liable to a fine (multa) not

exceeding fifty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 323 Power of Minister to restore certificate. — MERCHANT SHIPPING ACT Open official source

The Minister may, if he thinks that the justice of the case

requires, re-issue and return the certificate, or the recognition of a

certificate, of a master, mate or engineer which has been cancelled

or suspended or shorten the time for which it is suspended, or grant

in place thereof a certificate of the same or any lower grade.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 324 Effects of cancellation or suspension of a certificate on recognition thereof.  — MERCHANT SHIPPING ACT Open official source

(1) Where a certificate recognised for the purposes of this

Act under Part IV thereof has been cancelled or suspended in

accordance with the law under which it was issued, the recognition

thereof for the purposes of this Act shall be deemed to have

likewise been cancelled or suspended, as the case may be, without

prejudice to the powers of the Minister under article 323; and the

holder of the certificate shall deliver the recognition thereof to the

Minister, or as the Minister directs, on demand.

(2) If a master, mate or engineer fails to comply with this

article he shall for each offence be liable to a fine (multa) not

exceeding fifty units.

Rehearing of investigations and inquiries

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 325 Rehearing of investigations and inquiries. — MERCHANT SHIPPING ACT Open official source

(1) The Minister may, in any case where under this Part

of this Act a formal investigation into a shipping casualty, or an

inquiry into the conduct of a master, mate or engineer, has been

held, order the case to be reheard either generally or as to any part

thereof, and shall do so -

(a) if new and important evidence which could not be

produced at the investigation or inquiry has been

discovered; or

(b) if for any reason there has in his opinion been ground

for suspecting that a miscarriage of justice has

occurred.

(2) The Minister may order the case to be reheard either by the

court by which the case was heard in the first instance or by the

Court of Appeal.

(3) Where on any such investigation or inquiry, a decision has

been given with respect to the cancelling or suspension of the

certificate, or of the recognition of a certificate, of a master, mate

or engineer, and an application for a rehearing under this article has

not been made or has been refused, an appeal shall lie from the

decision to the Court of Appeal.

(4) Any rehearing or appeal under this article shall be subject

to and shall be conducted in accordance with such conditions and

regulations as may be prescribed by rules made in relation thereto

under the powers contained in this Part of this Act.

Court of survey

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 326 Constitution of court of survey. — MERCHANT SHIPPING ACT Open official source

(1) The court of survey shall consist of a chairman sitting

with two assessors.

(2) The chairman shall be a magistrate, or a retired magistrate,

or a person qualified to be appointed a magistrate, appointed by the

Minister either generally or in each case.

(3) The assessors shall be persons of nautical, engineering or

other special skill and experience and, subject to the provisions of

Part VI of this Act as regards foreign ships, one of them shall be

appointed by the Minister either generally or in each case, and the

other shall be summoned by the registrar of the court, in

accordance with the rules made under this Part of this Act with

respect to the court of survey, out of a list of assessors for the time

being approved by the Minister.

(4) Such fit person as the Minister may from time to time

appoint shall be the registrar of the court, and shall, on receiving

notice of an appeal or a reference from the Minister, immediately

summon the court to meet forthwith in manner directed by the rules

aforesaid.

(5) The name of the registrar and his office shall be published

in the Gazette.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 327 Powers and procedure of the court of survey. — MERCHANT SHIPPING ACT Open official source

(1) The court of survey shall hear every case in open

court.

(2) The chairman of the court may appoint any competent

person or persons to survey the ship and report thereon to the court.

(3) The chairman of the court, and each assessor, and every

person appointed by the chairman to survey a ship shall have for

the purposes of this Act all the powers of a person appointed under

this Part of this Act to hold a preliminary inquiry into a shipping

casualty; and the provisions of article 313(3) and (4) shall, with the

requisite modifications, apply for the purposes of this article as

they apply for the purposes of that article.

(4) The chairman of the court shall have the same powers as the

Minister to order the ship to be released or finally detained but,

unless one of the assessors concurs in an order for the detention of

the ship, the ship shall be released.

(5) The owner, or the master, or the bareboat charterer of the

ship, and any person appointed by the owner, or the master, or the

bareboat charterer and also any person appointed by the Minister,

may attend at any inspection or survey made in pursuance of this

article.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 328 Reference in difficult cases to scientific referees. — MERCHANT SHIPPING ACT Open official source

(1) If the Minister is of opinion that an appeal to the court

of survey involves a question of construction or design or of

scientific difficulty or important principle, or if the appellant so

requires and gives security to the satisfaction of the Minister to pay

the costs of and incidental to the reference, the matter may be

referred to such person or persons as appear to possess the special

qualifications necessary for the particular case; and where such

person or persons are selected by agreement between the Minister

and the appellant, the appeal shall be determined by the referee or

referees so selected, instead of by the court of survey.

(2) The referee or referees shall have the same powers as the

chairman of the court of survey.

Rules

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 329 Power to make rules. — MERCHANT SHIPPING ACT Open official source

The Minister may make general rules -

(a) for carrying into effect the provisions of this Act

relating to formal investigations, and to the rehearing,

or an appeal from, any investigation or inquiry held

under this Part of this Act, and in particular with

respect to the procedure, the time, the parties, the

persons allowed to appear, the notice to those parties

or persons or to persons affected and the amount and

application of fees;

(b) for carrying into effect the provisions of this Act

relating to the court of survey, and in particular with

respect to the summoning of, and procedure before, the

court, the requiring on an appeal of security for costs

and damages and the amount and application of fees.

PART VIII

WRECK AND SALVAGE

Vessels in distress

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 330 Definition of "wreck" and "salvage". — MERCHANT SHIPPING ACT Open official source

In this Part of this Act, unless the context otherwise

requires-

"wreck" includes jetsam, flotsam, lagan and derelict found in or

on the shores of the sea;

"salvage" includes all expenses properly incurred by the salvor in

the performance of the salvage services.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 331 Receiver of wreck. — MERCHANT SHIPPING ACT Open official source

(1) Where a vessel, whether Maltese or foreign, is

wrecked, stranded or in distress on the coasts of Malta or at sea

within the territorial jurisdiction of Malta, such person as the

Minister may designate or appoint for that purpose (in this Act

referred to as the "receiver of wreck") shall take such steps as he

thinks fit for the preservation of the vessel and of the lives of the

persons belonging to the vessel and of the cargo and apparel of the

vessel.

(2) The receiver of wreck shall have such powers as the

Minister may deem fit to assign to him according to circumstances,

and, in addition to the expenses properly incurred by him in the

performance of his duties, he may be paid such fees as the Minister

directs.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 332 Wreck found in Malta. — MERCHANT SHIPPING ACT Open official source

Where any person finds or takes possession of any wreck

within the limits of Malta, or finds or takes possession of any wreck

outside such limits and brings such wreck within the said limits, he

shall -

(a) if he is the owner thereof, give notice to the receiver of

wreck that he has found or taken possession of the

same, and describing the marks by which the same

may be recognised;

(b) if he is not the owner thereof, as soon as possible,

deliver the same to the receiver of wreck;

and if any person fails, without reasonable cause, to comply with

this article he shall for each offence be liable to a fine (multa) not

exceeding two hundred units and shall, in addition, forfeit any

claim to salvage.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 333 Penalty for taking wreck at time of casualty.  — MERCHANT SHIPPING ACT Open official source

(1) Where a vessel is wrecked, stranded or in distress on

the coasts of Malta or at sea within the territorial jurisdiction of

Malta, any cargo or other articles belonging to or separated from

the vessel, which may be washed on shore or otherwise lost or

taken from the vessel shall be delivered to the receiver of wreck.

(2) If any person, whether the owner or not, secretes or keeps

possession of any such cargo or article, or refuses to deliver the

same to the receiver of wreck or any person authorised by him to

demand the same, that person shall for each offence be liable to a

fine (multa) not exceeding two hundred units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 334 Taking wreck to foreign port. — MERCHANT SHIPPING ACT Open official source

If any person takes into any foreign port any vessel

stranded, derelict, or otherwise in distress, found on the coasts of

Malta or at sea within the territorial jurisdiction of Malta, or any

part of the cargo or apparel thereof, or anything belonging thereto,

or any wreck found within those limits, and there sells the same,

that person shall be liable to imprisonment for a period of not less

than three years and not exceeding five years.

Dealing with wreck

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 335 Notice of wreck to be given by receiver. — MERCHANT SHIPPING ACT Open official source

Where the receiver of wreck takes possession of any

wreck, he shall as soon as convenient cause to be published in the

Gazette a description of the wreck and of any marks by which it is

distinguished.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 336 Claims of owners to wreck. — MERCHANT SHIPPING ACT Open official source

(1) The owner of any wreck in the possession of the

receiver of wreck, upon establishing his claim to the satisfaction of

the receiver or through a decision of the competent court, shall, if

the claim is made within one year from the date of the notice given

in accordance with article 335, and upon paying the salvage, fees

and other expenses due, be entitled to have the wreck or the

proceeds thereof delivered up to him.

(2) Upon delivery of a wreck or payment of the proceeds of

sale of a wreck by the receiver of wreck in pursuance of the

provisions of this Part of this Act, the receiver of wreck shall be

discharged from all liability in respect thereof, but the delivery or

payment as aforesaid shall not prejudice or affect any question

which may be raised by third parties concerning the right or title to

the wreck.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 337 Immediate sale of wreck in certain cases.  — MERCHANT SHIPPING ACT Open official source

The receiver of wreck may at any time sell any wreck in

his custody, if in his opinion -

(a) it is under the value of forty-six euro and fifty-nine

cents (46.59); or

(b) it is so much damaged or of so perishable a nature that

it cannot with advantage be kept;

(c) it is not of sufficient value to pay for warehousing;

and the proceeds of the sale shall, after defraying the expenses

thereof, be held by the receiver for the same purposes and subject

to the same claims, rights and liabilities, as if the wreck had

remained unsold.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 338 Unclaimed wreck. — MERCHANT SHIPPING ACT Open official source

The Government of Malta shall be entitled to all wreck

found in Malta which remains unclaimed by the lawful owner for

more than one year from the date of the notice given in accordance

with article 335.

Removal of wrecks

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 339 Power to remove wrecks. — MERCHANT SHIPPING ACT Open official source

Where any vessel is sunk, stranded or abandoned on or

near the coasts within the territorial jurisdiction of Malta in such

manner as in the opinion of the Minister to be, or to be likely to

become, an obstruction or danger to navigation, the Minister may -

(a) take possession of, and raise, remove or destroy the

whole or any part of the vessel;

(b) light or buoy any such vessel or part until the raising,

removal or destruction thereof;

(c) sell, in such manner as he thinks fit, any vessel or part

so raised or removed, and also any property recovered

in the exercise of the powers under this article, and out

of the proceeds of the sale reimburse himself for the

expenses incurred by him in relation thereto under this

article, and the Minister shall hold the surplus, if any,

of the proceeds for the benefit of the persons entitled

thereto

Provided that a sale shall not (except in the case of property

which is of a perishable nature, or which would deteriorate in value

by delay) be made under this article unless at least seven clear

days’ notice of the intended sale has been given by advertisement

in at least two local newspapers

Provided further that at any time before any property is sold

under this article, the owner thereof shall be entitled to have the

same delivered to him on payment to the Minister of the fair market

value thereof to be ascertained by agreement between the Minister

and the owner, or failing such agreement by some person to be

named for the purpose by agreement between the Minister and the

owner or by the Civil Court, First Hall, on an application by the

Minister or the owner, and the sum paid to the Minister as the value

of the property under this provision shall, for the purposes of this

article, be deemed to be the proceeds of sale of that property.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 340 Extent of power of removal. — MERCHANT SHIPPING ACT Open official source

The provisions of this Part of this Act relating to removal

of wrecks shall apply to every article or thing or collection of

things being or forming part of the tackle, equipment, cargo, stores

or ballast of a vessel in the same manner as if it were included in

the term vessel; and for the purposes of the said provisions any

proceeds of sale arising from a vessel and from the cargo thereof,

or any other property recovered therefrom, shall be regarded as a

common fund.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 341 Powers to be cumulative. — MERCHANT SHIPPING ACT Open official source

The powers conferred by this Part of this Act for the

removal of wrecks shall be in addition to and not in derogation of

any other powers for the like object.

Salvage

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 342 Salvage for saving life. — MERCHANT SHIPPING ACT Open official source

(1) Where services are rendered wholly or in part within

Maltese waters in saving life from any Maltese or foreign vessel, or

elsewhere in saving life from any Maltese vessel, there shall be

payable to the salvor by the owner of the vessel, cargo, or apparel

saved, a reasonable amount of salvage limited to the amount of the

property saved.

(2) Salvage in respect of the preservation of life when payable

by the owners of the vessel shall be payable in priority to all other

claims for salvage.

(3) Where the vessel, cargo and apparel are destroyed or the

value thereof is insufficient, after payment of the actual expenses

incurred, to pay the amount of salvage payable in respect of the

preservation of life, the Minister may, in his discretion, award to

the salvor, out of the Consolidated Fund, such sum as he thinks fit

in whole or part satisfaction of any amount of salvage so left

unpaid.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 343 Salvage of cargo or wreck. — MERCHANT SHIPPING ACT Open official source

(1) Where any vessel, whether Maltese or foreign, is

wrecked, stranded or in distress at any place on or near the coasts

within the territorial jurisdiction of Malta and services are rendered

by any person in assisting that vessel or saving the cargo or apparel

of that vessel or any part thereof, or where any services are

rendered by any person other than a receiver of wreck in saving any

wreck, there shall be payable to the salvor by the owner of the

vessel, cargo, apparel, or wreck, a reasonable amount of salvage

limited to the amount of the property saved.

(2) This article shall extend to any services rendered as

aforesaid in respect of a vessel wrecked, stranded or in distress at

any place on the high seas if the property in respect of which

salvage may be claimed has been brought within Maltese

jurisdiction.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 344 Further provisions as to salvage. — MERCHANT SHIPPING ACT Open official source

For the purpose of the salvage provisions of this Act -

(a) the liability of the owner to pay salvage shall extend to

persons having an interest which has been saved by the

property being brought into a position of security;

(b) no salvage shall be due -

(i)

to persons having such relation to the vessel

assisted or saved as it is their duty to render

assistance otherwise than under the provisions

of this Act, except where the services rendered

are of an exceptional nature; or

(ii) to persons rendering assistance notwithstanding

the express and reasonable prohibition of the

vessel to which the services are rendered.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 345 Determination of salvage. — MERCHANT SHIPPING ACT Open official source

(1) The amount and apportionment of salvage, whether of

life or property, and also any question whether the services were

rendered within or outside Maltese jurisdiction, shall, if not settled

by agreement, arbitration or otherwise, be determined by the Civil

Court, First Hall

Provided that every agreement as to assistance or salvage

entered into at the time the services are rendered may be rescinded

or modified by the said court -

(a) if it considers that the terms agreed upon under the

influence of danger are not equitable;

(b) if the party making the request for a rescission or

modification of the agreement satisfies the court that

his consent to the agreement was vitiated by fraud or

concealment;

(c) if

the

remuneration

agreed

is

excessively

disproportionate to the services rendered.

(2) In determining the amount or the apportionment of salvage,

the court shall have regard to -

(a) the measure of success obtained, and the efforts and

deserts of the salvor;

(b) the danger run by the vessel saved, by her passengers,

crew and cargo;

(c) the danger run by the salvor and the salving vessel;

(d) the time expended, the expenses incurred and the

losses suffered, and the risks of liability and other

risks run by the salvors, and also the value of the

property exposed to such risks, due regard being had to

the special appropriation (if any) of the salvor’s vessel

for salvage purposes;

(e) the value of the property saved.

(3) Where any dispute arises as to apportionment of any

amount of salvage among the owners, master, pilot, crew and other

persons in the service of any foreign vessel, the amount shall be

apportioned in accordance with the law of the country to which the

vessel belongs.

(4) The court may deprive the salvor of all rights to salvage, or

may award a reduced salvage, if it appears that the salvor has by his

fault rendered the salvage or assistance necessary or has been

guilty of theft, fraudulent concealment or other acts of fraud.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 346 Detention of property liable for salvage.  — MERCHANT SHIPPING ACT Open official source

(1) Where salvage is due to any person under this Act, the

receiver of wreck may -

(a) if the salvage is due in respect of services rendered in

assisting any vessel, or in saving life therefrom, or in

saving the cargo or apparel thereof, detain the vessel

and cargo or apparel;

(b) if the salvage is due in respect of the saving of any

wreck, and the wreck is not sold under this Act, detain

the wreck.

(2) Subject as hereinafter provided, the receiver may detain the

vessel and cargo and apparel, or the wreck, until payment is made

for salvage, or proceedings are taken for the arrest or detention

thereof by a competent court.

(3) The receiver of wreck may release any property detained as

aforesaid if security is given to his satisfaction or, if the claim for

salvage exceeds four hundred and sixty-five euro and eighty-seven

cents (465.87), and any question is raised as to the sufficiency of

the security, to the satisfaction of the Civil Court, First Hall.

PART IX

LIABILITY OF SHIPOWNERS

Liability and limitation thereof

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 347 Liability of shipowners. — MERCHANT SHIPPING ACT Open official source

Subject to the provisions of this Part of this Act, and to

any other exclusion or limitation provided by law in relation to the

carriage of goods or otherwise, the owner or the bareboat charterer

of a ship shall be responsible for all obligations contracted by the

master in relation to the ship, and shall be liable for any damages

caused by acts or omissions in the navigation or management of the

ship.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 348 Exclusion of liability in certain cases. — MERCHANT SHIPPING ACT Open official source

The owners of a Maltese ship shall not be liable to make

good, to any extent whatever, any loss or damage happening

without their actual fault or privity in the following cases, namely

(a) where any goods, merchandise, or other things

whatsoever, taken in or put on board their ship are lost

or damaged by reason of fire on board the ship; or

(b) where any gold, silver, diamonds, watches, jewels, or

precious stones, are taken in or put on board their ship,

the true nature and value of which have not at the time

of the shipment been declared by the owner or shipper

thereof to the owner or master of the ship in the bills of

lading or otherwise in writing, are lost or damaged by

reason of any theft, embezzlement, making away with

or secreting thereof.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 349 Limitation of liability in certain cases. — MERCHANT SHIPPING ACT Open official source

(Not applicable as from 1st March, 2004 - vide Legal

Notices 361 and 447 of 2003).

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 350 Amount to which liability is limited. — MERCHANT SHIPPING ACT Open official source

(Not applicable as from 1st March, 2004 - vide Legal

Notices 361 and 447 of 2003).

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 351 Limitation to apply to each distinct occasion. — MERCHANT SHIPPING ACT Open official source

(Not applicable as from 1st March, 2004 - vide Legal

Notices 361 and 447 of 2003).

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 352 Cases where articles 349 and 350 do not apply. — MERCHANT SHIPPING ACT Open official source

(Not applicable as from 1st March, 2004 - vide Legal

Notices 361 and 447 of 2003).

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 353 Extension of exclusion or limitation of liability. — MERCHANT SHIPPING ACT Open official source

(Not applicable as from 1st March, 2004 - vide Legal

Notices 361 and 447 of 2003).

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 354 Unregistered ships and ships in the course of completion. — MERCHANT SHIPPING ACT Open official source

(Not applicable as from 1st March, 2004 - vide Legal

Notices 361 and 447 of 2003).

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 355 Power of court to consolidate claims. — MERCHANT SHIPPING ACT Open official source

(Not applicable as from 1st March, 2004 - vide Legal

Notices 361 and 447 of 2003).

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 356 Part owners to account in respect of damages. — MERCHANT SHIPPING ACT Open official source

(Not applicable as from 1st March, 2004 - vide Legal

Notices 361 and 447 of 2003).

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 357 Release of ship. — MERCHANT SHIPPING ACT Open official source

(Not applicable as from 1st March, 2004 - vide Legal

Notices 361 and 447 of 2003).

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 358 Restriction on enforcement after security is given. — MERCHANT SHIPPING ACT Open official source

(Not applicable as from 1st March, 2004 - vide Legal

Notices 361 and 447 of 2003).

Apportionment of liability

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 359 Meanings for the purposes of the following provisions. — MERCHANT SHIPPING ACT Open official source

For the purposes of the following provisions of this Part of

this Act, "freight" includes passage money and hire, and references

to damage or loss caused by the fault of a vessel shall be construed

as including references to any salvage or other expenses,

consequent upon that fault, recoverable at law by way of damages.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 360 Rules as to division of loss. — MERCHANT SHIPPING ACT Open official source

(1) Where by the fault of two or more vessels damage or

loss is caused to one or more of those vessels, their cargoes or

freight, or to any property on board, the liability to make good the

damage or loss shall be in proportion to the degree in which each

vessel was in fault

Provided that if, having regard to all the circumstances of

the case, it is not possible to establish different degrees of fault, the

liability shall be apportioned equally.

(2) Nothing in this article shall operate so as to render any

vessel liable for any loss or damage to which her fault has not

contributed, or shall affect the liability of any person under a

contract of carriage or any contract, or shall be construed as

imposing any liability upon any person from which he is exempted

by any contract or by any provision of law, or as affecting the right

of any person to limit his liability in the manner provided by law.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 361 Damages for personal injuries. — MERCHANT SHIPPING ACT Open official source

Where loss of life or personal injuries are suffered by any

person on board a vessel owing to the fault of that vessel and of any

other vessel or vessels, the liability of the owners of the vessels

shall be joint and several

Provided that nothing in this article shall be construed as

depriving any person of any right of defence on which,

independently of this article, he might have relied in an action

brought against him by the person injured, or any person or persons

entitled to sue in respect of such loss of life, or shall affect the right

of any person to limit his liability in cases to which this article

relates in the manner provided by law.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 362 Right of contribution. — MERCHANT SHIPPING ACT Open official source

Where loss of life or personal injuries are suffered by any

person on board a vessel owing to the fault of that vessel and of any

other vessel or vessels, and a proportion of the damage is recovered

against the owners of one of the vessels which exceeds the

proportion in which she was in fault, they may recover by way of

contribution the amount of the excess from the owners of the other

vessel or vessels to the extent to which those vessels were

respectively in fault

Provided that no amount shall be so recovered which could

not, by reason of any statutory or contractual limitation of, or

exemption from, liability, or which could not for any other reason,

have been recovered in the first instance as damages by the person

entitled to sue therefor.

PART X

GENERAL PROVISIONS

Registrar-General and Registrars

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 363 Registrar-General. — MERCHANT SHIPPING ACT Open official source

(1) There shall be a Registrar-General of Shipping and

Seamen to be appointed by the Authority who shall, subject to the

provisions of this Act and the Authority for Transport in Malta Act,

undertake the general superintendence of all matters relating to

merchant shipping and seamen and ensure the carrying into effect

of the provisions of this Act.

(2) The Registrar-General may carry out any of the duties, and

shall have all the powers which by this Act are to be carried out by,

or are conferred on, the registrars.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 364 Registrars. — MERCHANT SHIPPING ACT Open official source

(1) The Authority may also appoint registrars for the

purposes of this Act in such number as the Authority may deem

necessary for the proper execution of this Act.

(2) Registrars shall carry out their duties under the direction of

the Registrar-General and in accordance with instructions given by

the Authority or by the Registrar-General, and may be removed

from office.

(3) The Registrar-General and a registrar shall not be liable to

damages or otherwise for any loss accruing to any person by reason

of an y act d one or default m ade by h im in hi s character of

Registrar-General or registrar, unless the same has happened

through his neglect or wilful act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 365 Register. — MERCHANT SHIPPING ACT Open official source

(1) Every registrar shall keep a record to be called the

register and there shall be made therein all such entries as required

so to be made by this Act.

(2) Every registrar shall file and properly index all documents

that are required to be kept by him.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 366 Instructions as to registry.  — MERCHANT SHIPPING ACT Open official source

The Registrar-General with the consent of the Minister

may, for carrying into effect the provisions of this Act, give such

instructions to the registrars and their officers as to the manner of

making entries in the register, as to the execution and attestation of

powers of attorney, as to any evidence required for identifying any

person, as to referring to him any question involving doubt or

difficulty, and generally as to any act or thing to be done in

pursuance of this Act, as he thinks fit.

Surveyors of ships

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 367 Surveyors of ships.  — MERCHANT SHIPPING ACT Open official source

(1) For the purposes of this Act, a surveyor of ships is a

person fit to be a surveyor of ships appointed, either generally or

for specific purposes or on special occasion, by the Minister or by

organizations or bodies authorised by the Minister in that behalf,

and such person as aforesaid may be appointed as a ship surveyor

or as an engineer surveyor, or as both, or as a radio surveyor.

(2)

The Minister shall have power in respect of surveyors -

(a) to remove any surveyor of ships;

(b) to fix and alter, whether by regulation or otherwise, the

remuneration or fees payable to them in respect of

surveys, inspections or other services rendered by

them;

(c) to regulate the amount and payment of any travelling

or other expenses incurred by them in the execution of

their duties and functions and the person by whom and

the conditions under which the payment of those

expenses is to be made;

(d) to make regulations as to the performance of their

duties and functions and in particular as to the manner

in which surveys and inspections of ships are to be

made and as to the notice to be given by them when

surveys are required.

(3) If a surveyor of ships demands or receives directly or

indirectly any fee, remuneration or gratuity whatsoever in respect

of any duties or functions performed by him under this Act

otherwise than by the direction of the Minister, he shall for each

offence be liable to a fine (multa) not exceeding one hundred units.

(4) Until such time as the Minister has under this article fixed

the remuneration or fees payable to surveyors, Part III of the

Schedule to the Commercial Code shall have effect as if the fees

therein established had been fixed by the Minister under this

article. The provisions of Part III of the said Schedule shall,

however, be deemed to have been repealed with effect from the

date on which the remuneration or fees payable to surveyors have

been fixed by the Minister under this article.

(5) (a) The Minister may make regulations prescribing the

criteria in accordance with which organizations or bodies of

surveyors may be recognised for the purposes of this article.

(b) Without prejudice to the provisions of paragraph (a)

the Minister may by order make a list of organizations or bodies of

s u r v e y o r s w h i c h a r e r e c o g n i s e d b y a n y o t h e r St a t e o r a n y

international body as meeting the minimum criteria as may be set

out in any regulation made under paragraph (a) hereof, and may by

a subsequent order, amend, delete or substitute any such order.

(c)

Any organization or body appearing on a list as

provided for in paragraph (b) hereof shall be recognised for the

purposes of this article.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 368 Powers of surveyors. — MERCHANT SHIPPING ACT Open official source

(1) A surveyor of ships in the execution of his duties and

functions may go on board any ship at all reasonable times and

inspect the same or part thereof, or any of the machinery, boats,

equipment or articles on board thereof, or any books, certificates

(including certificates of competency), papers or documents to

which the provisions of this Act, or of any of the rules or

regulations made under this Act, apply, not unnecessarily detaining

the ship from proceeding on any voyage, and if in consequence of

any accident to the ship or for any other reason he considers it

necessary so to do, may require the ship to be taken into dock for

the purpose of surveying the hull thereof.

(2) If any person hinders any surveyor of ships from going on

board any ship or otherwise impedes him in the execution of his

duties or functions under this Act, or fails to comply with any

lawful requirement of the surveyor, that person shall for each

offence be liable to a fine (multa) not exceeding fifty units.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 369 Returns by surveyors to Registrar- General.  — MERCHANT SHIPPING ACT Open official source

(1) Surveyors of ships shall make such returns to the

Registrar-General as the Registrar-General may require with

respect to build, dimensions, draught, burden, rate of sailing, room

for fuel, crew accommodation and the nature and particulars of

machinery and equipment of ships surveyed by them.

(2) The owner, master and engineer of any ship so surveyed

shall, on demand, give to the surveyors all such information and

assistance within his power as they require for the purposes of

those returns.

(3) If any owner, master or engineer, on being applied to for

that purpose, fails without reasonable cause to give any such

information or assistance, he shall for each offence be liable to a

fine (multa) not exceeding fifty units.

Jurisdiction and proceedings

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 370 Jurisdiction of Civil Court, First Hall. — MERCHANT SHIPPING ACT Open official source

Deleted by XIV. 2006.104.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 371 Detention of ships.  — MERCHANT SHIPPING ACT Open official source

(1) Where under this Act a ship is to be or may be

detained, any commissioned officer on full pay in the naval or

military service of the Republic of Malta, or any police officer not

below the rank of inspector, or any officer of customs, or any

officer of the Ministry responsible for shipping, or any Maltese

consular officer, or an appropriate inspector, may detain the ship,

and if the ship after detention or after service on the master of any

notice of or order for detention proceeds to sea before it is released

by competent authority, the master of the ship, and also the owner

or the bareboat charterer and any person who sends the ship to sea,

if that owner, or bareboat charterer or person is party or privy to the

offence, shall be liable for each offence to a fine (multa) not

exceeding two hundred units.

(2)

Where a ship so proceeding to sea takes to sea when on

board thereof there is, in the execution of his duty, any officer

authorised to detain the ship, or any surveyor or officer of the

Ministry responsible for shipping or any officer of customs, the

owner or the bareboat charterer and master of the ship shall each be

liable to pay all expenses of and incidental to the officer or

surveyor being so taken to sea, and also to a fine (multa) not

exceeding two hundred units.

(3) Where under this Act a ship is to be detained, the officer

authorised to clear the ship outwards shall, and where under this

Act a ship may be detained such officer may, refuse to clear that

ship outwards or to grant a transire to that ship.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 371A Authority to give notice of prisoners on board merchant ships to magistrate. — MERCHANT SHIPPING ACT Open official source

Where the Authority has reason to believe that any person

is being kept in custody on board any merchant ship in consequence

of a sentence of a foreign tribunal, or in order to be tried in a

foreign country, he shall forthwith give notice of the fact to a

magistrate, who shall, without delay, inquire into the circumstances

of the case, and make a report thereon to the President of Malta for

the purposes of the provisions contained in the following articles.

371B.(1) If the magistrate finds that the person aforesaid is

being kept in custody under a written order made by the competent

authority of a foreign State for any offence (other than a political

offence), including mutiny, desertion from military service, or any

other offence against military discipline, it shall be lawful for the

President of Malta to direct that such person be left on board the

ship, for the continuation of the voyage to the place of his

destination or, according to circumstances, that the said person be

conveyed to a public prison, there to be kept until, at the request of

the consul, or other person exercising the functions of consul of the

said State, he may be taken back to the same or to another ship for

the continuation of the said voyage.

(2) The magistrate shall receive any evidence which may be

tendered to show that the offence for which the said person is in

custody, is a political offence; but, until the contrary is proved, it

shall be presumed that the nature of the offence is correctly stated

in the order under which such person is in custody.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 371C Power of magistrate to grant time for the production of the order. — MERCHANT SHIPPING ACT Open official source

Where, upon a declaration on oath made before him by the

master of the ship or by any other person, the magistrate is satisfied

that the order of the foreign authority mentioned in the last

preceding article existed but has been lost or inadvertently left in

some place outside Malta, the magistrate may grant a time, not

exceeding two months, for the production of the order, or of an

authentic copy thereof, provided the master shall enter into a

recognizance, with sufficient security, up to the sum of five

hundred euro (€500), to pay any damages which may, according to

law, be due to the person detained in respect of such detention.

371D.(1) If the prisoner is being kept in custody on board a

foreign merchant ship, not under a written order of a public

authority, but for the purpose of being conveyed to a port in the

State of his or the ship's nationality, there to be tried for an offence

committed on board the same ship during the voyage, it shall also

be lawful for the President of Malta, at the request of the consul, or

any other person exercising the function of consul of the State to

which the ship belongs, to direct that such prisoner be left on board

the ship, or, according to circumstances, that he be kept in a public

prison until he may be taken back to the same or to another ship, in

order to be conveyed to the said port, provided however the

magistrate, after hearing the prisoner and the evidence adduced,

finds -

(a) that, according to such evidence, if the offence had

been committed within the jurisdiction of Malta, there

would be sufficient reasons for committing the

accused for trial;

(b) that the offence is an extradition offence under any law

relating to extradition in force in Malta, even though

such law may not apply to fugitive criminals of the

said State.

(2) The provisions of this article shall not apply in any case in

which the accused may, according to law, be tried in Malta.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 371E Magistrate may order person kept in custody to be taken to a public prison. — MERCHANT SHIPPING ACT Open official source

It shall also be lawful for the magistrate, at any time until

he forwards his report to the President of Malta, to direct that the

person kept in custody on board a ship, be conveyed to a public

prison.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 371F Maintenance of person in prison. — MERCHANT SHIPPING ACT Open official source

The maintenance of any person conveyed to a public

prison in any of the cases mentioned in the foregoing articles, shall

be at the charge of the master of the ship on board of which such

person was brought to Malta.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 371G Period for which person may be kept in custody. — MERCHANT SHIPPING ACT Open official source

In no case shall any such person be kept in custody in

Malta, whether on board any ship, or in a public prison for more

than two months to be reckoned from the day on which he was

brought to Malta.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 371H Discharge of person kept in custody. — MERCHANT SHIPPING ACT Open official source

If it appears from the magistrate’s report that the

circumstances are not such as to justify the making of an order by

the President of Malta under articles 371B and 371D, the President

of Malta shall order the person in custody to be discharged.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 371I Escape of person kept in custody. — MERCHANT SHIPPING ACT Open official source

Where the person aforesaid, before an order is made by the

President of Malta for his discharge, escapes from the ship or from

the prison in which he is kept in custody, he may be arrested by the

Police in any place in which he may be found and taken back to the

ship or the prison, as the case may be.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 372 Offences by body of persons. — MERCHANT SHIPPING ACT Open official source

Where an offence under this Act is committed by an

association or body of persons, every person who at the time of the

commission of the offence, was a director, manager, secretary or

other similar officer of such association or body of persons, or was

purporting to act in any such capacity, shall be guilty of that

offence unless he proves that offence was committed without his

knowledge and that he exercised all due diligence to prevent the

commission of the offence.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 372A Fixing and imposition of fines.  — MERCHANT SHIPPING ACT Open official source

(1) All penalties contemplated by any provision of this

Act may be fixed and imposed by the Registrar-General.

(2) The imposition of a penalty in terms of this Act shall

constitute an executive title within the meaning and for the

purposes of Title VII of Part I of Book Second of the Code of

Organization and Civil Procedure.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 372B Enforcement of fines.  — MERCHANT SHIPPING ACT Open official source

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 service of such demand note,

the Registrar-General may proceed to enforce payment after two

days from the service on the debtor of an intimation for payment

made by means of a judicial act.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 372C Value of unit. — MERCHANT SHIPPING ACT Open official source

The term “unit” with reference to any fine (multa) that

may be imposed under this Act shall be equivalent to two euro and

thirty-three cents (2.33) or to such other sum as the Minister with

the concurrence of the Minister responsible for justice may by

order from time to time determine, and differed equivalences may

be determined for different provisions of this Act or for different

provisions in regulations made under this Act.

Application of Act to foreign ships by Order

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 373 Application of Act by order to foreign ships. — MERCHANT SHIPPING ACT Open official source

Where it has been made to appear to the Minister that the

government of any foreign country is desirous that any of the

provisions of this Act which do not apply to the ships of that

country should so apply and there are no special provisions in this

Act for that application, the Minister may order that such of those

provisions as are in the order specified (subject to the limitations, if

any, contained therein) apply to the ships of that country, and to the

owners, masters, seamen and apprentices of those ships, when not

locally within the jurisdiction of the government of that country, in

the same manner in all respects as if those ships were Maltese

ships.

Regulations, Rules and Orders

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 374 Power to make regulations etc. — MERCHANT SHIPPING ACT Open official source

(1) Without prejudice to the powers conferred by the

foregoing provisions of this Act, the Minister may make

regulations, rules or orders, or give instructions, for the carrying

in to op e r a t io n o f an y o f t he p r ov i s io ns o f t hi s Ac t a n d f or

prescribing the fees to be paid for any service provided and any

other thing done under or for the purposes of this Act, and in

particular, but without prejudice to the generality of the foregoing,

for prescribing anything that is required or authorised by this Act to

be prescribed.

(2) Regulations, rules and orders made under the provisions of

this Act shall include such requirements, in regard to the matters in

respect of which the regulations, rules or orders are made, as

appear to the Minister to implement the provisions in regard to

those matters of international conventions or protocols ratified or

acceded to by the Government of Malta.

(3) Any power conferred on the Minister by this Act to make

regulations, rules or orders, or to give instructions, shall include

power -

(a) to vary, alter or repeal any such regulation, rule, order

or instruction, without prejudice to the making of a

new regulation, rule or order, or the giving of a new

instruction;

(b) subject to such limitations or other express provision

contained in this Act, to provide for fines (multa or

ammenda) or imprisonment, or both, and for such other

sanction as the Minister may deem appropriate;

(c) to make such transitional or other incidental or

supplementary provisions as may appear to the

Minister to be appropriate.

(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.

(5) Regulations, rules and orders made under any of the

provisions of this Act may be made in the English language only.

Laws of Malta — Chapter 234 — MERCHANT SHIPPING ACT

Art. 375 Ratification, etc., of certain treaties, etc., relating to merchant shipping. — MERCHANT SHIPPING ACT Open official source

(1) For the purposes of the Ratification of Treaties Act,

the Government of Malta is hereby empowered to ratify, or accede

to the treaties or conventions (including protocols, annexes and

appendices thereto) referring to merchant shipping listed in sub-

article (2), and the Minister may upon the ratification or accession

of any of the said treaties or conventions make regulations giving

effect to the provisions thereof, and such power shall include the

power to provide that any provision of this Act inconsistent with

the provisions of any such treaty or convention shall no longer

apply.

(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,

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.

(3)

The Minister shall upon the ratification or accession of any

treaty or convention to which this article refers publish a notice in

the Gazette stating the date on which such treaty or convention

shall come into force with regard to Malta.

(4) The House of Representatives may by resolution add to the

list of treaties or conventions in sub-article (2).

(5) Any reference in this article to a treaty or a convention or a

protocol shall include reference to any amendment to such treaty or

convention or protocol ratified, acceded to or accepted by the

Government of Malta.

MERCHANT SHIPPING

Substituted by: 