Mooring Services Regulations, 2010

L.N. 100 of 2010

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

PORTS AND SHIPPING ACT

(CAP. 352)

Mooring Services Regulations, 2010

IN exercise of the powers conferred by article 43(3) of the

Authority for Transport in Malta Act and article 27 of the Ports

and Shipping Act, the Minister for Infrastructure, Transport and

Communications, in consultation with the Authority for Transport

in Malta, has made the following regulations

(1) The title of these regulations is the Mooring

Services Regulations, 2010.

(2) These regulations shall be deemed to have come

into force on the 1st January, 2010.

(3) The scope of these regulations is to regulate

mooring men, the services provided by the mooring men and tariffs

for such services.

Regulation 25

Mooring Dues

1. For the purposes of this Schedule

“ton” means gross registered tonnage of a ship determined in accordance

with the provisions of the International Convention on Tonnage Measurement

of Ships, 1969.

2. (i) For mooring or unmooring a ship on entering, leaving or

shifting berth at any berth, except at a buoy berth, other than for the services

specified in paragraphs 4, 5 and 11 of this Schedule, there shall be charged

(a)

Ships not exceeding 500 tons ........................................... !20.96

(b)

Ships exceeding 500 tons and not exceeding

1,000 tons ......................................................................... !25.62

(c)

Ships exceeding 1,000 tons and not exceeding

2,000 tons ......................................................................... !27.95

(d)

Ships exceeding 2,000 tons and not exceeding

3,500 tons ......................................................................... !32.61

(e)

Ships exceeding 3,500 tons and not exceeding

5,000 tons ......................................................................... !32.61

(f)

Ships exceeding 5,000 tons and not exceeding

7,000 tons ......................................................................... !34.94

(g)

Ships exceeding 7,000 tons and not exceeding

10,000 tons ....................................................................... !37.27

(h)

Ships exceeding 10,000 tons and not exceeding

15,000 tons ....................................................................... !41.93

(i)

Ships exceeding 15,000 tons and not exceeding

20,000 tons ....................................................................... !44.26

(j)

Ships exceeding 20,000 tons and not exceeding

25,000 tons ....................................................................... !46.59

(k)

Ships exceeding 25,000 tons and not exceeding

30,000 tons ....................................................................... !53.58

(l)

Ships exceeding 30,000 tons and not exceeding

40,000 tons ....................................................................... !55.90

(m) For every additional 10,000 tons or part thereof in

excess of 40,000 tons ......................................................... !6.99

B

(ii) For mooring or unmooring a ship at The Dolphins at Grand Harbour,

there shall be charged the following rates in addition to those specified in

paragraph (i)

(a)

For ships not exceeding 6,000 tons .................................. !23.29

(b)

For ships exceeding 6,000 tons ........................................ !29.12

3. For mooring or unmooring of a ship at a buoy berth, other than for the

services specified in paragraphs 4, 5 and 11 of this Schedule, there shall be

charged ..................................................................................................... !69.88

4. On request for any other mooring service not connected with

mooring or unmooring of a ship on arrival, departure or shifting, there shall be

(a)

the rates at paragraph 2 of this Schedule for ships berthed stern

to a quay;

(b)

half the rates at paragraph 2 of this Schedule for ships berthed

alongside a quay or wharf; and

(c)

the rate at paragraph 3 of this Schedule for ships on buoys.

5. If in any of the services specified in paragraphs 2, 3, 4 and 11 of this

Schedule a mooring party are left in attendance or as a result of such services

are detained in quarantine at any place for longer than two hours, the

following additional dues shall be payable

(a)

from the second to the twenty-fourth hour

or part thereof ....................................................... !1.40 per man

(b)

thereafter per twenty-four hour period or

part thereof ........................................................ !23.29 per man

6. In respect of the following services by mooring men, there shall be

payable the following additional dues

(a)

for handling of mooring rope by boat crew........!23.29 per rope

(b)

for handling of mooring rope by hand ...............!11.65 per rope

7. Additional mooring or unmooring dues at the rate of 15% on the

appropriate rates shall be payable in respect of services rendered between

sunset to sunrise and on Sundays and public holidays.

8. When a cancellation for a request for a mooring or unmooring

service is made, the following dues shall be applicable

(a)

when a cancellation notice is made prior to two

hours before commencement of operation ..................No charge

(b)

when a cancellation notice is made within the

two hours immediately proceeding the

commencement of operation ......................25% of standard rate

7. Additional mooring or unmooring dues at the rate of 15% on the

appropriate rates shall be payable in respect of services rendered between

sunset to sunrise and on Sundays and public holidays.

8. When a cancellation for a request for a mooring or unmooring

service is made, the following dues shall be applicable

(a)

when a cancellation notice is made prior to two

hours before commencement of operation ..................No charge

(b)

when a cancellation notice is made within the

two hours immediately proceeding the

commencement of operation ......................25% of standard rate

(c)

when the mooring man has, on request,

reported aboard for an operation which is

later cancelled.............................................50% of standard rate

9. When mooring men are required to work extra duty, i.e. duties in

excess of their normal watch hours, there shall be payable !23.29 per mooring

man per operation.

10. In respect of disabled vessels, there shall be payable in respect of

mooring men !93.17 per operation irrespective of number of mooring men.

11. All rates for mooring or unmooring of a ship shall cover any number

of hours required to be performed by any of the personnel in the Mooring

Corps.

12. For any other particular mooring services not otherwise specifically

provided for in this Schedule, the dues payable shall be determined by the

Authority who shall, as far as possible, assimilate them to the appropriate dues

specified in this Schedule.

€1.86

In these regulations, unless the context otherwise

“the Act” means the Authority for Transport in Malta

Act;

“the Authority” means the Authority for Transport in

Malta as established by the Act;

“the Board” means the Mooring Services Board set up

in accordance with the provisions of regulation 3;

“the Minister” means the Minister responsible for ports

and shipping;

“mooring man” means a person licensed in terms of

these regulations to provide mooring services;

“mooring service” means the act, carried out by a

mooring man, of assisting the master of a ship and, or the

pilot in mooring, unmooring or changing the mooring of the

ship;

“mooring service tariff” means the whole amount due by

the ship for the provision of the mooring service as specified

in the Schedule, and shall include the social contributions

due in accordance with regulation 29 and other fees as may

be charged by the Authority in connection with a mooring

service;

“pilot” shall have the same meaning as is assigned to it

in the Act;

“port” shall have the same meaning as is assigned to it

in the Act;

“ship” shall have the same meaning as is assigned to it

in the Act;

“statutory pension age” means that age at which a person

becomes eligible to receive a mandatory social security

retirement pension in terms of the Social Security Act.

(1) There is hereby established a board, to be called

the Mooring Services Board, hereinafter referred to as the Board,

which shall exercise and perform the functions assigned to it by

these regulations.

(2) The Board shall consist of the following members

(a) a Chairman appointed by the Minister;

(b) a member nominated by the Authority;

(c) a member nominated by the mooring men; and

(d) a secretary with no voting powers to be appointed

by the Minister.

(3) The Board shall exercise and perform the following

functions

(a) to conduct examinations in connection with the

licensing of prospective mooring men and to advise the

Authority accordingly;

(b) to appoint panels of examiners for the purpose of

the examinations aforesaid;

(c) to conduct disciplinary proceedings in respect

of mooring men in accordance with the provisions of these

regulations;

(d) to recommend to the Authority the award of

such punishments to mooring men guilty of any breach of

discipline as may from time to time be prescribed;

(e) to advise the Authority on any matter that the said

Authority may refer to it from time to time in connection with

mooring services; and

(f) to perform such other functions as may be

prescribed to it from time to time.

(4) The quorum of the Board shall consist of the

Chairman and the two members.

(5) The Board shall reach its decisions by means of a

majority vote.

(6) The Board shall meet as required at such date, time

and place as the Chairman may appoint.

(7) Subject to the provisions of these regulations, the

Board may otherwise regulate its own procedures.

The request for the attendance of a mooring man shall Request for the

be made by any of the persons liable to pay the tariff for mooring attendance

services in accordance with the provisions of regulation 27.

A mooring man shall not moor or unmoor any ship from

her berth without the approval of the Authority and of the person

who has engaged his services.

(1) Subject to the provisions of any laws or regulations,

a pilot shall, when assigned to an operation, be deemed to have full

control over the mooring men assigned with him to that operation.

(2) All mooring men shall obey all lawful and

legitimate orders and instructions given by the pilot during the

operation.

When providing mooring services, each mooring man

shall implement a high standard of care and skill.

(1) A mooring men shall immediately notify the

Authority and the leading mooring man on any accident involving

the ship which he is serving, particularly any incidents or accidents

that may have resulted in injuries or loss of life or damage to port

facilities or property of third parties, and any near misses or any

concerns in respect to navigation as expressed by the master or

pilot whilst piloting a ship.

(2) Such notification shall be followed by a formal

written report which shall reach the Authority and the leading

mooring man not later than twenty-four hours after the occurrence

of such incident or accident.

(3) The report mentioned in this regulation shall not

be made available to any person other than those specified in sub-

regulations (1) and (2) except by order of a competent court.

(4) Notwithstanding any proceedings which may be

taken under any law, the Authority may take disciplinary action

against any mooring man who fails to comply with the provisions

of this regulation.

(1) The Board shall establish manning scales for

specific mooring services performed by the mooring men.

(2) When establishing such manning scales, the Board

shall take into account the size of ships and the berths where ships

are moored.

(1) There shall be established a Mooring Men Corps

which shall be composed of all the licensed serving mooring men.

(2) The number of mooring men shall be adequate to

provide prompt and efficient mooring services.

(3) The Board shall determine the number of mooring

men required to provide prompt and efficient mooring services.

(4) The Mooring Men Corps shall provide mooring

services as shall be determined by the Authority.

(1)

One of the mooring men shall be the leading

mooring man.

(2) All mooring men shall choose by means of an

election one of them for the post of leading mooring man.

(3) The Authority may appoint the mooring man so

elected to be the leading mooring man

Provided that the Authority may refuse to appoint the

mooring man so elected and may request the mooring men to elect

another nominee.

(4) If the mooring men fail to elect within a time

determined by the Authority a mooring man for the post of leading

mooring man, the Authority may appoint any mooring man to be

the leading mooring man.

(5) The leading mooring man may be appointed for a

period of time determined by the Authority. The Authority may

extend the appointment of the leading mooring man beyond such

determined period of time.

(6) The Authority may remove the leading mooring

man from his post if he behaves in such a manner as may render

him unsuitable to hold such post.

(7) In considering the suitability of a mooring man to

be appointed as a leading mooring man, the Authority shall take

into account the mooring man’s seniority, experience and his ability

to express himself clearly.

The leading mooring man shall, in addition to his

normal duties as a mooring man, carry out the following functions

(a) supervision over mooring men;

(b) discipline and good order among mooring men;

(c) the roster in accordance with which mooring men

are allocated work;

(d) the efficient operation of the equipment used by the

mooring men in their work;

(e) the day to day maintenance of the equipment in

order that such equipment is kept in good order and condition;

conduct the administration of the Mooring Men

(f)

Corps;

(g) keep records of the attendance of mooring

men and submit returns of absences as may be required by

theAuthority;

(h) provide the Authority with such statistical

information as it may require;

(i) provide the Authority with periodical returns of

earnings of members of the Mooring Men Corps and of the

expenses incurred by the Corps;

(j) acquire alternative equipment as may be necessary

from time to time;

(k) promptly report to the Authority defects and

stoppages of such equipment and ensure that repairs are

promptly carried out;

(l) keep such books of accounts and registers as may

be required by the Authority from time to time;

(m) keep accounts of the remuneration received for

services provided by the Mooring Men Corps;

(n) distribute the proceeds from such remuneration

among the mooring men in accordance with such

arrangements as may be agreed to by a majority of the

members of the Mooring Men Corps or in accordance with

any written agreement and as approved by the Authority;

(o) pay such expenses as are actually and properly

incurred by the Mooring Men Corps in connection with the

mooring services;

(p) comply with any directive given to him by the

Authority in connection with the mooring service; and

(q) perform any duties which may from time to time

arise in connection with the functions of the Mooring Men

Corps.

(1) Mooring men shall work round the clock on a shift

basis, each shift being known as “the watch”.

(2) The number of watches to be worked, the duration

of each watch and the number of mooring men in each watch shall

be determined by the Board.

(3) No mooring man shall absent himself from duty

during the duration of his watch without the permission of the

leading mooring man.

(4) In the case of absence due to ill-health, a mooring

man shall within three days of such absence produce to the leading

mooring man a medical certificate issued by a medical officer

appointed by the Authority.

(5) Mooring men not on watch duties may be asked to

put in extra attendance as and when required.

(6) The Authority may take disciplinary action against

any mooring man who fails to comply with the provisions of this

regulation.

(1) Mooring men shall provide and maintain in good

working order and condition such communications equipment and

other equipment as will enable them to provide efficient mooring

services, in accordance with such directives as the Authority may

from time to time give.

(2) If the mooring men fail to abide by any directives

given under the provisions of sub-regulation (1), the Authority may

provide such communications equipment and other equipment

which may be so required and the Authority may deduct the costs

so incurred from the mooring dues.

(3) It shall be the duty of the leading mooring man to

ensure that such communications equipment and other equipment

is maintained in good working order and condition.

(1)

Mooring men shall wear a uniform whilst they are

on duty.

(2)

The form of such uniform shall be determined by

the Board.

(3) The Board may determine what items of the

uniform may be provided to the mooring men free of charge.

(4) Disciplinary action shall be taken against mooring

men who, while on duty, fail to wear the full and complete uniform

as established by the Board, or who in any manner bring such

uniform in disrepute.

(1) Mooring men may subscribe to a personal

insurance policy which will provide benefits to them and, or to

their dependants in the case of loss of life or injuries resulting

directly out of their work or sickness.

(2) Such personal insurance policy shall be in such

form as may be approved by the Board.

(3) Fifty per centum of the premium payable in respect

of such insurance shall be paid by the mooring men so insured and

the other fifty per centum shall be defrayed out of the Stabilisation

Fund established by regulation 32.

(1) For the purposes of the provisions of the Act and

of these regulations, the Authority may grant licences to persons to

form part of the Mooring Men Corps.

(2) No person shall be licensed to serve as a mooring

man in the Mooring Men Corps unless such person

(a) is a citizen of the European Union;

(b) has more than eighteen years;

(c) produces satisfactory evidence of good character

and sobriety of conduct by producing a certificate of good

conduct issued by the Police; and

(d) has been declared to be physically fit to perform

the duties of a mooring man by a medical board appointed by

the Authority.

(3) No person shall be licensed to serve as a mooring

man if he has been convicted of theft or fraud.

(4) The person in whose favour a licence is issued

must pay to the Authority a fee as is established from time to time

by the Authority.

(5) Such licence may be revoked by the Authority in

terms of these regulations.

(6) When issuing a licence under these regulations, the

Authority may attach to the licence such conditions as it deems fit.

(1) The Authority shall appoint a medical board to

examine whether a mooring man is physically fit for the proper

discharge of his duties whenever the Authority so requires.

(2) If the medical board appointed under the provisions

of sub-regulation (1) certifies that a mooring man is no longer fit to

carry out his duties, the Authority shall revoke the licence of such

mooring man.

(3) The retiring age for a mooring man shall be when

he reaches the statutory pension age.

(1) The licence issued to a mooring man shall be Revocation and

automatically cancelled by the Authority when the mooring man man’s licence.

resigns or retires on reaching the statutory pension age, or if such

mooring man is found to be physically unfit to carry out his duties.

(2) The Authority may also suspend or revoke the

licence issued to a mooring man as a consequence of the award

by a Disciplinary Committee of a punishment consisting in the

suspension or revocation of the licence, or if the mooring man

absents himself from duty for a period exceeding one year. Such

licence, if so revoked, shall cease to have effect from the date

when such decision is taken by the Authority and, if so suspended,

it shall cease to have effect for the period for which it is suspended.

(3) Subject to any condition which the Disciplinary

Committee may make, the Authority may re-issue a licence to a

mooring man whose licence has been revoked under sub-regulation

(2) hereof.

(4) A licence issued to a mooring man shall be

surrendered to the Authority whenever it is for any reason

cancelled, suspended or revoked. In such cases, the licence shall

be returned to the Authority within twenty-four hours.

(5) A mooring man whose licence has been cancelled,

suspended or revoked shall have a right to appeal to the Board from

the decision of the Authority or of the Disciplinary Committee by

application within fifteen days of the notification to him of the

decision.

The Authority shall institute disciplinary proceedings

against any mooring man who forms part of the Mooring Men

Corps and who has contravened any provisions of these regulations,

or who in the course of or in connection with his duties is negligent

or misbehaves or fails to comply with any directive given by the

Authority.

(1) Disciplinary proceedings shall be administered by

the Disciplinary Committee

Provided that in cases of a serious breach of a mooring

man’s obligations, the Authority shall have the right to temporarily

suspend a mooring man’s licence pending disciplinary action by

the Disciplinary Committee.

(2) The Authority shall appoint a Disciplinary

Committee to be composed by not less than three members, one of

whom shall be the Chairman of the Committee

Provided that in any particular case, no person who

initiated disciplinary action or who has some personal interest in

such case shall be eligible to sit on the Disciplinary Committee

appointed to hear such case.

(3)

It shall be the duty of the Disciplinary Committee

to

(a) investigate cases brought before it;

(b) summon witnesses;

(c) hear evidence under oath; and

(d) make recommendations to the Authority on the

cases investigated by it.

(4) In the exercise of its powers in accordance with

sub-regulation (3)(b) and (c), the Disciplinary Committee shall

have the powers which are conferred by law on the First Hall of

the Civil Court

Provided that

(a) the Disciplinary Committee shall not in any case

be enabled to order the detention of any person; and

(b) the duties of the court usher and of a court marshal

respectively shall be performed by members of the Police

Force.

(5) The Chairman of the Disciplinary Committee shall

sign summons and administer the oath to witnesses.

(6) The Disciplinary Committee shall conduct its

business in accordance with the provisions of these regulations.

(7) The Authority shall consider the recommendations

of the Disciplinary Committee and shall thereafter take such

disciplinary decision in accordance with the provisions of these

regulations.

(8) The decisions taken by the Disciplinary Committee

shall be final and binding.

(9) Subject to the provisions of these regulations, the

Disciplinary Committee shall regulate its own procedure.

(1) If a mooring man is found guilty of having Penalties.

contravened any one of the provisions of the Act or of these

regulations, or if in the course of or in connection with his duties

is found to have been negligent or of having misbehaved, or of

having failed to comply with any directives given by the Authority,

the Disciplinary Committee may, without prejudice to the

provisions of any other law, recommend to the Authority to impose

administrative fines and

(a) fine such mooring man a penalty of not less than

six euro and ninety-nine cents (6.99) and not exceeding forty-

six euro and fifty-nine cents (46.59); and, or

(b) suspend his licence for a period not less than ten

days and not exceeding three months, during which time no

remuneration shall be paid to or received by such mooring

man; or

(c) revoke his licence forthwith.

(2) Any administrative fine inflicted by the Authority

according to the provisions of these regulations shall be recoverable

by the Authority as a civil debt.

Any disciplinary proceedings taken against a mooring

man under the provisions of these regulations shall be without

prejudice to any criminal proceedings which may be taken against

him under the Act or any other law; and any proceedings taken

under any of such laws shall be without prejudice to any such

disciplinary proceedings.

The licence of a mooring man shall be automatically

cancelled if such mooring man is convicted or declared guilty of

theft or fraud

Provided that in the case of a first offence involving an

amount not exceeding six euro and ninety-nine cents (6.99), such

mooring man shall be suspended by the Authority for a period of

not less than ten days and not exceeding three months.

The administration, collection and recovery of the tariff

for mooring services and the disbursements of such tariff shall be

the responsibility of the Authority.

Subject to the provisions of these regulations,

remuneration for mooring services and for other work connected

thereto shall be in accordance with the tariff for mooring services

that is found in the Schedule to these regulations.

(1) The tariff for mooring services shall be paid

directly to the Authority within ten working days from the date of

the invoice by

(a) the owner, charterer, master or agent of a ship in

respect of which mooring services were performed; or

(b) the person who requests mooring services in

respectof a ship; or

(c) by a person who has performed some service in the

interests of a ship in respect of which mooring services were

performed.

(2) The social security contributions to be paid by the

persons mentioned in sub-regulation (1) shall be deemed to form

part of the tariff.

(3) The Authority may charge interest on any overdue

tariff for mooring services or any other payments payable to the

Authority under these regulations from the date of presentation

of the invoice until full payment is effected at the rate of two per

centum per month or part thereof.

(1) The Authority may require any person who in

terms of regulation 27 is bound to pay the tariff for mooring

services to make a deposit or to furnish a bank guarantee issued

by a local bank in favour of the Authority in such amount as it

considers sufficient to cover the payment of such tariff.

(2) The Authority may recover any tariff for mooring

services out of such deposit or bank guarantee if such tariff is not

paid within ten working days from the date of the invoice.

(3) Whenever the Authority takes such a measure,

it shall promptly give the person who has made the deposit or

furnished the guarantee an account of such payments recovered

therefrom, and such person shall, within ten working days of

being so notified by the Authority, reintegrate his deposit or bank

guarantee to its original amount.

(4) Whosoever contravenes the provisions of this

regulation shall be guilty of an offence and shall, on conviction

before a court, be liable to a fine (multa) of not less than two

hundred euro (200) but not exceeding twelve thousand euro

(12,000).

(1) The Authority shall make a deduction from the Social security

earnings of the mooring men forming part of the Mooring Men contributions.

Corps, hereinafter referred to as “the social security deduction”,

of one tenth of their basic earnings, or such other fraction of such

basic earnings as may from time to time be equivalent to the rate of

contributions (expressed as a fraction of basic earnings) payable by

an employed person in accordance with the provisions of the Social

Security Act. Upon the social security deduction being made, such

mooring men shall be deemed to have satisfied their obligation in

respect of contributions payable by employed persons under the

said Social Security Act, for the period from the basic earnings of

which the social security deduction shall have been made.

(2) The Authority shall collect from the persons who

in terms of regulation 27 are bound to pay the mooring dues, a levy

hereinafter referred to as “the social security levy” equivalent to

one-tenth (or such other fraction equivalent to the fraction at which

the social security deduction is made from the earnings of the

mooring men in accordance with sub-regulation (1) hereof) of the

mooring dues due by them. On the payment of the social security

levy by such persons their obligation in respect of contributions

due by them as employers of the mooring men in accordance with

the Act and in accordance with the Social Security Act, in respect

of the period covered by the dues so paid, shall be satisfied.

(3) The Authority may make the social security

deductions and collect the social security levy simultaneously with

the collection of the mooring dues leviable under the provisions of

these regulations.

(1) After deducting the social security deduction in

terms of regulation 29(1), the Authority shall remit the balance of

the proceeds from the mooring dues to the leading mooring man.

(2)

The leading mooring man shall use such proceeds

to

(a) pay such legitimate expenses as are incurred by

the Mooring Men Corps in connection with the provision of

mooring services, including the uniform and all the equipment

of the mooring men;

(b) pay such allowances or other expences as may be

agreed by the majority of the licensed mooring men forming

part of the Mooring Men Corps and as approved by the

Authority; and

(c) distribute the balance among serving mooring men

in such manner as is approved by the Authority.

(3) The leading mooring man shall account for the

transactions specified in sub-regulation (2) in the manner which

from time to time may be prescribed by the Authority.

(4) The Authority shall appoint auditors to audit all

the accounting books kept by the leading mooring man and such

auditors shall submit to the Authority an appropriate written report

and audit certificate.

(1) No mooring man shall demand or receive any dues

or other remuneration in respect of mooring services other than

those specified in the Schedule.

(2) Any mooring man who contravenes the provisions

of sub-regulation (1) shall be liable, for each such contravention,

to an administrative penalty not exceeding forty-six euro and fifty-

nine cents (46.59) as the Authority may impose.

(3) No person shall pay a mooring man any dues or

other remuneration in respect of mooring services other than those

specified in the Schedule.

(4) Any person who contravenes the provisions of sub-

regulation (3) shall be guilty of an offence and shall, on conviction

before a court, be liable to a fine (multa) of forty-six euro and fifty-

nine cents (46.59) for each such offence.

(1) There shall be established a fund to be known as Stabilisation Fund.

the Stabilisation Fund which for the purposes of this regulation

shall be known as “the Fund”.

(2) Persons bound to pay mooring dues in respect

of mooring services provided by the Mooring Men Corps in

accordance with the provisions of these regulations shall also pay

to the Authority a levy of ten per centum on the gross expenses

incurred for mooring services.

(3) The Authority shall remit to the Fund

(a) the social security deductions made in terms of

regulation 29(1);

(b) the social security levy collected in terms of

regulation 29(2); and

(c) that part of the levy collected in terms of sub-

regulation (2) as determined by the Authority.

(4) The Stabilisation Fund shall be administered by the

Board.

(5) The Authority shall keep such books of accounts as

may from time to time be determined by the Minister.

(6) There shall be paid out of the Fund

(a) the contributions due in respect of mooring men

under the Social Security Act by employed persons and

employers;

any bonus that may be payable to the mooring

(b)

men;

(c) the extra attendance of the mooring men when so

required under the provisions of these regulations;

(d) fifty per centum of the cost of the personal

insurance policy specified in regulation 16;

the cost of uniforms issued to the mooring men;

(e)

and

(f) such payments as may from time to time be

authorised by the Authority.

(7) The transactions and the accounts of the Fund shall

be examined by an auditor appointed by the Minister.

Proceedings for an offence against these regulations

shall be taken before the Court of Magistrates (Malta) or the

Court of Magistrates (Gozo), as the case may be, and shall be in

accordance with the provisions of the Criminal Code regulating the

procedure before the said courts as courts of criminal judicature.

Pursuant to the provisions of the first proviso to

1975. regulation 58(1) of the Maritime Pilotage Regulations, 2003, the

Pilotage and Mooring Regulations, 1975 are hereby being revoked.

Any obligation, liability, penalty or punishment incurred

under the Pilotage and Mooring Regulations, 1975 or in connection

with any breach of the provisions of those regulations, or any

proceedings or remedy relating to any such obligation, liability,

penalty or punishment, shall not be affected by such revocation.

B

All certificates, licences and permits issued under the Transitory provision.

Pilotage and Mooring Regulations, 1975 shall remain into force

and valid as if they were issued under these regulations until their

term of validity expires.