S.L. 234.38 чл. 15Right of appeal.

(1) Subject to the provisions of this regulation, the owner or the operator of a ship or his representative in Malta shall have a right of appeal against a decision for detention or refusal of access taken by the competent authority.

(2) The competent authority shall properly inform the master of a ship referred to in sub-regulation (1), of the right of appeal.

(3) An appeal shall not cause the detention or refusal of access to be suspended.

(4) An appeal against a decision for detention or refusal of access may be made before the Courts of Justice, in accordance with the provisions of the Code of Organization and Civil Procedure.

(5) An appeal for the purpose of sub-regulation (4) shall be filed within twenty days of the service of the order of detention or stoppage of operation or the day of refusal of access, as the case may be, and shall be served on the competent authority which shall reply thereto within ten days of notification.

(6) If the owner or the operator of a ship or his representative in Malta shows to the satisfaction of the Court that -

(a) the matter did not constitute a valid basis for the relevant inspector’s opinion, and

(b) there were no reasonable grounds for the inspector to form that opinion, the Court may award the owner such compensation in respect of any actual loss suffered by him in consequence of the detention or refusal of access as it deems fit.

(7) The burden of satisfying the Court as to the matters specified in sub-regulation (6) shall lie with the owner or the operator of a ship or his representative in Malta, as the case may be.

(8) The Court shall also have regard, in coming to its decision, to any matters not specified in the order of detention or refusal of access order that appears to it to be relevant as to whether the ship was or was not liable to be detained or refused access.

(9) Where the Court decides that the matter did not constitute a valid basis for the inspector’s opinion, it shall either cancel the order of detention or refusal of access or shall affirm the order with such modifications as it may in the circumstances deem fit.

(10) The Court shall include in its findings whether there was or not a valid basis for the order of detention or refusal of access.

(11) When as a result of an appeal or of a request made by the owner or the operator of a ship or his representative in Malta, a detention order or refusal of access order is revoked or amended, the competent authority shall ensure that:

(a) the inspection database is amended accordingly without delay, and

(b) within twenty-four hours of such decision, that the information is published in accordance with Annex XIII to the Directive.