MT · Cap. 234
Merchant Shipping Act (Cap. 234)
Inhoud
- Art. 1
- Art. 2
- Art. 3
- Art. 4
- Art. 5
- Art. 6 Part VA. Part VI. Part VII. Part VIII. Articles 330-334 335-338 339-341 342-346 347-362 347-358 359-362 363-374 363-366 367-369 370-372C 373 374-375
- PART II
- 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 Survey and measurement of ship.
- Art. 15 Marking of ship.
- Art. 16 Compliance with therequirementsof this Act.
- Art. 17 Entryofparticulars 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 Powertograntnew certificate.
- Art. 23 Provision for loss of certificate.
- Art. 24 Endorsement of change of master on certificate. Endorsement of change of ownership on certificate.
- 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. 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. 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. 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 Rulesastonameof ship.
- Art. 57 Registry of alterations.
- Art. 58 Regulations for registry of alterations.
- Art. 60 Registry anew on change of ownership.
- Art. 61 Procedure for registry anew.
- 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. 67 Inspection of register and transcript and extract of register.
- Art. 68 Evidence of register and other 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. 79 Inquiry into title of ship to be registered.
- 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.
- PART IIA
- 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.
- PART III
- Art. 84Z Shipping organisation.
- 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 optionofcompany.
- PART IV
- Art. 89 Interpretation.
- Art. 90 Manning of Maltese ships.
- Art. 91 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. 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 eighteenyearswho are members of the crew.
- Art. 108 Medical examination.
- Art. 109 Penalties.
- Art. 111 Penalties.
- 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. 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. 124 Certificated cooks for certain ships.
- Art. 125 Discharge.
- Art. 126 Certificate of discharge and return of certificates of competency.
- 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. 134 Settlement of wages.
- 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 servicebywreckor 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 Forfeitureofwages when illness caused by own fault.
- Art. 145 Compensation to seamanimproperly discharged.
- Art. 146 Restriction on assignment of, and charge upon, wages. Cap. 12.
- 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. 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 medicalattendance in case of injury or illness.
- Art. 159 Recovery of expenses from owner.
- Art. 160 Certificaterequired 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 andmaintenanceof 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 endangeringlifeon ship.
- Art. 171 Desertion and absence without leave.
- 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. 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. Cap. 16. Cap. 16.
- Art. 192 Offencesinrespect of official logs.
- Art. 193 Delivery ofofficial logs to shipping master.
- 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 Possessionofmore 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.
- PART V
- 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 Rulestoimplement 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 Issueofcertificates on partial compliance with rules.
- Art. 223 Issueofcertificates 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. 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 appliesandSafety 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 Submersionofload lines.
- Art. 254 Miscellaneous offencesin 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 Shipnottoproceed 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 Submersionofload 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. 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 detentionnotices court of survey.
- Art. 283 Compensation in connection with invaliddetentionof ship.
- Art. 283A Liability for costs.
- Art. 283B Owner and master liable in respect of unsafe ship.
- Art. 283C Owner liable for unsafeoperationof 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 enactmentsrelating 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. 303 Method of giving helm orders.
- Art. 305 Obligationtoassist vessels in distress.
- Art. 306 Duty to render assistance to persons in danger at sea.
- Art. 307 Reportofaccidents to ships.
- Art. 308 Notice of loss of Maltese ship.
- PART VA
- Art. 308A Prevention of pollution from ships.
- PART VI
- Art. 311 Regulations with respect to emigrant ships.
- PART VII
- 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 Otherprovisionsas 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.
- PART VIII
- 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 Salvageofcargoor wreck.
- Art. 344 Further provisions as to salvage.
- Art. 345 Determination of salvage.
- Art. 346 Detention of property liable for salvage.
- PART IX
- 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 Limitationtoapply 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 Rulesastodivision of loss.
- Art. 361 Damages for personal injuries.
- Art. 362 Right of contribution.
- PART X
- 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. 371A Authority to give notice of prisoners on board merchant ships to magistrate.
- Art. 371B Where magistrate finds that prisoner is in custody under written order of competent authority. Powers of President of Malta.
- Art. 371C Power of magistrate to grant time for the production of the order.
- Art. 371D Where person is in custody for an offence committed at sea.
- 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 personmaybekept 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 impositionoffines.
- 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. Cap. 304.