Merchant Shipping (Safe Manning and Watchkeeping)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,503, 14 ta’ Novembru, 2003

L.N. 350 of 2003

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Safe Manning and Watchkeeping)

(Amendment) Regulations, 2003

IN exercise of the powers conferred by articles 90, 281 and 374 of

the Merchant Shipping Act, the Minister for Transport and

Communications has made the following regulations: -

(1) The title of these regulations is the Merchant Shipping Short title.

(Safe Manning and Watchkeeping) (Amendment) Regulations, 2003,

and they shall be read and construed as one with the Merchant Shipping

(Safe Manning and Watchkeeping) Regulations, 2003, hereinafter L.N. 29 of 2003.

referred to as “the principal regulations”.

Regulation 2 of the principal regulations shall be amended as Amends regulation

2 of the principal

follows: -

regulations.

(a) immediately after the definition of “company” there shall

be added the following new definition

“ “duly qualified medical practitioner” shall have the

same meaning as is assigned to it by article 108(5) of the

Act;”;

(b) the definition of “safe manning document” shall be

substituted by the following new definition

“safe manning document” means a document

described as such prescribing the minimum safe manning

considered necessary for the sufficient and efficient manning

of the ship from the point of view of safety of life at sea and

pollution prevention, issued, in the case of a Maltese ship by

the Registrar-General, and in the case of any other ship, by or

on behalf of the Government of the State whose flag the ship

is entitled to fly;”.

In regulation 5 of the principal regulations, immediately after Amends regulation

subregulation (4) there shall be added the following new subregulation: 5 regulations.

“(5) Notwithstanding the provisions of these regulations and

without prejudice to any other duties and responsibilities of the

master and of the company, it shall be the duty of the master and

of the company to ensure that from the point of view of safety of

life at sea and pollution prevention, the ship is sufficiently and

efficiently manned.”.

Regulations 9, 10, 11 and 12 of the principal regulations shall

be renumbered as regulations 10, 11, 12 and 13 respectively.

Immediately after regulation 8 of the principal regulations there

shall be added the following new regulation

It shall be the duty of the master to ensure that a

ship with a total number of crew and passengers of one

hundred persons or more engaged on an international voyage

of more than three days, carries onboard as part of its safe

manning a duly qualified medical practitioner responsible for

the medical care of the persons on board.”.

6. In paragraph (b) of regulation 12 as renumbered of the

principal regulations, for paragraphs (i) and (ii) there shall be substituted

the following

“(i) any contravention of regulation 5, 6, 7, 8 or 9

hereof; or

(ii) a failure to correct a deficiency of a kind specified

in regulation 11(3) hereof after notification to the master

pursuant to that same regulation, and there is in consequence

a danger to persons, property or the environment,”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press