S.L. 424.3 Art. 3Compliance with regulations.

(1) It shall be the duty of the person having the general management and control of a dock, wharf or quay, to comply with

Part II:

Provided that if any other person has the exclusive right to occupation of any part of the dock, wharf or quay, and has the general management and control of such part, the duty in respect of that part shall devolve upon that other person.

(2) It shall be the duty of the owner, master, or officer in charge of a ship to comply with Part III.

(3) It shall be the duty of the owner of machinery or plant used in the processes, and in the case of machinery or plant carried on board a ship not being a ship registered in Malta it shall also be the duty of the master of such ship, to comply with Part IV. In the case

*These regulations have been transferred to Cap. 646. Vide S.L. 646.02 and Act XXXIII of 2024. of machinery and gear in use on a ship not registered in Malta, the owner or master shall be deemed to have complied with Part IV in so far as they concern such machinery or gear if he produces to the satisfaction of the Authority for Transport in Malta a certificate of the competent authority purporting to show that tests substantially equivalent to those laid down in the Schedule have been carried out within the periods fixed in the regulations:

Provided that where such certificate is drawn up in a foreign language not understood by the Authority for Transport in Malta, the Authority for Transport in Malta may require the master or other officer belonging to the ship to declare that such tests have been carried out within the periods aforesaid, and that the competent authority of the place in which the tests have been carried out has issued a certificate to that effect and provided further that the Authority for Transport in Malta may require the master to confirm such declaration on oath.

(4) It shall be the duty of every person who by himself, his agents, or workmen carries on the processes, and of all agents workmen, and persons employed by him in the processes, to comply with Part V:

Provided that, where the processes are carried on by a stevedore or other person other than the owner of the ship, it shall be the duty of the owner, master or officer in charge of the ship to comply with regulation 38, so far as it concerns:

(a) any hatch not taken over by the said stevedore or other person for the purpose of the processes; and

(b) any hatch which, after having been taken over by the said stevedore or other person for the purpose of the processes -

(i) has been reported by written notice to the owner, master or officer in charge of the ship, by or on behalf of the said stevedore or other person, as being a hatch at which the processes have been completed or completed for the time being, and

(ii) either has been left by the said stevedore or other person fenced or covered as required by regulation 38, or has been taken into use by or on behalf of the owner of the ship, and in either case has been so reported by such written notice as aforesaid. It shall be the duty of the owner, master or officer in charge of the ship to give immediately a written acknowledgement of such written notice as aforesaid.

(5) It shall be the duty of all persons, whether owners, occupiers, or persons employed, to comply with Part VI.

(6) Part VII shall be complied with respectively by the persons on whom the duty is placed in that Part.