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Chapter 234

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Din il-liġi tirregola t-tbaħħir merkantili, inkluż ir-reġistrazzjoni tal-vapuri, il-kundizzjonijiet tal-impjieg għall-baħrin, u s-sigurtà fuq il-baħar. L-għan tagħha huwa li tistabbilixxi qafas legali għall-operazzjonijiet tal-vapuri u l-persunal tagħhom.

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Legal text

MERCHANT SHIPPING CHAPTER 234 MERCHANT SHIPPING ACT To regulate merchant shipping. 6th April, 1973; 1st June, 1973; 13th August, 1974; 16th December, 1974; 8th November, 1986 ACT XI of 1973, as amended by Legal Notice No. 148 of 1975 and Acts: XI of 1977, XXXI of 1981, XIII of 1983, XXIV of 1986 and XXXVII of 1988; Legal Notices Nos. 37 of 1989 and 152 of 1989; Acts VIII and XXXVII of 1990, and XVII of 1991; Legal Notices Nos. 86 of 1993 and 125 of 1995; Acts XXIV of 1995 and XXII of 2000; Legal Notices 278 and 340 of 2002, and 361 of 2003; Acts XIII of 2004 and XIV of 2006; Legal Notices 181 of 2006, and 411 and 439 of 2007; by Resolution of the House of Representatives No. 329 of the 9th January, 2008; Acts XV of 2009, and VII and VIII of 2010; Legal Notices 170 of 2011 and 83 of 2012; Acts XXVI of 2014 and II of 2015; and Legal Notice 210 of 2016, 127 of 2018 and 128 of 2018 and Act I of

  1. ARRANGEMENT OF ACT Part I. Part II. Part IIA. Part III. Part IV. Preliminary Registry Registration of Maltese Ships Registration fees Procedure for registration Certificate of registry Closure of Registry Transfer and Transmissions Maritime Privileges and Mortgages Special Privileges Name of Ship Registry of alteration, Registry anew and Transfer of Registry Declarations Returns, Inspection of register, and Evidence Forms Forgery and false declarations Flag and national character Forfeiture of ship Closure of registry Measurements of ships and Tonnage Bareboat Charter Registration Shipping Companies and other Organisations Masters and Seamen Certificates of Competency Masters Articles 1-2 3-84 3-5 6-9 10-18A 19-27 28-30 32-37 37A-49 50-54A 55-56 57-63 64-65 67-68 70-71 72-76 81-84 84A-84Y 84Z-88A 89-206 89-98 99-105 Part V. Part VA. Part VI. Part VII. Part VIII. MERCHANT SHIPPING Conditions for admission to employment Engagement of seamen Certification of able seamen and ship’s cooks Discharge of seamen Payment of wages Rights of seamen in respect of wages Power of Court to receive contracts Accommodation, Provisions and Health Facilities for making complaint Deceased and distressed seamen and seamen left behind Provisions as to discipline Stowaways and seamen carried under compulsion Official Logs Identity Cards Application of Part IV Safety of Life at Sea
  2. Construction and Equipment of Ships Rules as to construction, equipment and safety Declarations of survey Certificates in respect of ships Enforcement of Rules Foreign Safety Convention Ships Exemption from safety requirements, and Interpretation
  3. Load Line and Loading General Provisions Maltese ships Foreign ships Exemptions Subdivision load lines and deck cargo Miscellaneous and supplementary provisions Ships not subject to load line provisions
  4. Unseaworthy Ships
  5. Carriage of Dangerous Goods
  6. Prevention of Collisions
  7. Miscellaneous Provisions Prevention of Pollution From Ships Emigrant Ships Special Shipping Inquiries and Courts Inquiries and investigations as to shipping casualties Provisions as to certified officers Rehearing of investigations and inquiries Court of survey Rules Wreck and Salvage Articles 106-111 112-122C 123-124 125-130 131-137A 138-146 148-154 156-168A 169-182 184-189 190-194 195-203 204-206 206A-308 207-249 207-213 214-216 217-231 232-241 242-246 247-249 250-277 250-251 252-260 261-266 267-271 272-273 274-276 278-283C 284-291 292-297 298-308 308A 309-311 312-329 312-317 318-324 326-328 330-346 MERCHANT SHIPPING Part IX. Part X. Vessels in distress Dealing with wreck Removal of wrecks Salvage Liability of Shipowners Liability and limitation thereof Apportionment of liability General Provisions Registrar-General and registrars Surveyors of ships Jurisdiction and proceedings Application of Act to Foreign Ships by Order Regulations, Rules and Orders SCHEDULES First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Registration fees Documents to be in the form prescribed by the Minister National Colours of Maltese Ships Form of Maltese Seaman’s Card Declaration in lieu of tax return in respect of a company owning and, or, operating an exempted ship. Articles 330-334 335-338 339-341 342-346 347-362 347-358 359-362 363-374 363-366 367-369 370-372C 374-375 MERCHANT SHIPPING PART I PRELIMINARY Short title. Interpretation. Amended by: XXXVII. 1988.4; XVII. 1991.82; XXII. 2000.3; XV. 2009.52; VIII. 2010.61; I.2025.2.    
  8. The short title of this Act is Merchant Shipping Act. 2.

(1)In this Act, unless the context otherwise requires or it is otherwise expressly provided "approved jurisdiction" means any member country of the Organisation for Economic Cooperation and Development and any other country approved for the purposes of this Act by the Minister by notice; " A u t h o r i t y " m e a n s t h e A u t h o r i t y f o r Tr a n s p o r t i n M a l t a established by the Authority for Transport in Malta Act; "bareboat charterer" means a person who leases or sub-leases a ship, by means of a contract for a stipulated period of time, during which period such person shall acquire full control and complete possession of the ship, including the right to appoint her master and crew for the duration of the charter but excluding the right to sell or mortgage the ship; "clearance" includes a transire; "cargo ship" means every ship which is not a passenger ship, a fishing vessel or a pleasure yacht; "collision regulations" means the regulations made under article 292; "company" means a limited liability company; "consular officer" when used in relation to Malta, means the diplomatic or consular representative of the Government of Malta or a person serving in a diplomatic, consular or other foreign service of any country which, by arrangement with the Government of Malta, has undertaken to represent that Government’s interest; and when used in relation to any other country, means the officer recognised by the Government of Malta as a consular officer of the country; "court of survey" means the court established by article 326; "crew accommodation" includes sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation, recreation accommodation, store rooms and catering accommodation provided for the use of seamen and apprentices, not being accommodation which is also used by, or provided for the use of, passengers; "effects" in relation to persons, includes clothes and documents belonging to such persons; "Gazette" means the Malta Government Gazette; "law" includes any instrument having the force of law; "Malta" has the same meaning as is assigned to it by article 124 of the Constitution of Malta; "master" includes every person (except a pilot) having command MERCHANT SHIPPING or charge of a ship; "Minister" means the Minister responsible for shipping and includes any person acting under his authority; "month" means calendar month; "name" in relation to a person, includes surname; "Organisation for Economic Cooperation and Development" means the Organisation for Economic Cooperation and Development established in 1961 under the Convention on the Organisation for Economic Cooperation and Development; "passenger" means any person carried in a ship except (
  1. a)persons employed or engaged in any capacity on board the ship on the business of the ship; (
  2. b)a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstances that neither the master nor the owner could have prevented or forestalled; and (
  3. c)a child under the age of one year; "passenger ship" means any ship which carries more than twelve passengers; "person" includes a body of persons; "pilot" means any person not belonging to a ship who has the conduct thereof; "prescribed" means prescribed by regulations, rules, orders or instructions under this Act; "proper officer" means an officer authorised in that behalf by the Minister or other appropriate authority; "proper return port" means either the port at which a seaman or an apprentice was shipped or a port in the country to which he belo ngs or som e o ther p ort ag reed to by t he seaman or the apprentice; "radio navigation aid" means radio apparatus on board a ship being apparatus designed for the purpose of determining the position or direction of ships or other objects; "register" means the record to be kept by the registrar under article 365; "registered" means registered under this Act; "registrar" means a person appointed as registrar under article 364, and includes any person acting under his authority with the permission of the Registrar-General; "Registrar-General" means the Registrar-General of Shipping and Seamen as provided in article 363, and includes any person acting under his authority; "seaman" includes every person (except masters, pilots and apprentices) employed or engaged in any capacity on board a ship; MERCHANT SHIPPING "ship" means every description of vessel used in navigation, whether self propelled or not, and it includes barges, pontoons, floating establishments, installations or structures, oil rigs and other similar vessels, and for those parts of the Act wherever applicable it shall also include a ship under construction; "shipping master" means an officer in the office of the RegistrarGeneral designated by the Minister to perform the functions of shipping master under this Act and, whether such an officer has or has not been so designated, includes the Registrar-General; "surveyor of ships" and "surveyor" means a person appointed as a surveyor of ships under article 367; "tonnage regulations" means the regulations for ascertaining the tonnage of a ship made under article 81; "vessel" includes any ship or boat, or any other description of vessel used in navigation; "wages" includes emoluments.
(2)Any notice required to be sent under this Act to the master, owner, or any other person representing the ship shall be deemed to have been duly received and notified if sent by electronic mail. PART II REGISTRY Registration of Maltese ships Maltese ships. Amended by: XXXVII. 1988.5; XVII. 1991.87; XXII. 2000.4; XV. 2009.49; L.N. 210 of 2016; I.2025.3. 3.
(1)No ship, other than a ship exempted from registry, or a ship referred to in sub-article
(7), shall enjoy the rights and privileges of a Maltese ship or be recognised as a Maltese ship unless such ship is registered under this Act.
(2)Ships registered under the Authority for Transport in Malta Act not exceeding twenty-four metres in length shall be exempted from registry, and such ships, if not registered elsewhere and if owned wholly by persons habitually resident in Malta or by bodies corporate established under and subject to the laws of Malta and having their principal place of business in Malta, shall also be deemed to be Maltese ships: Provided that ships of a length of six metres or over not employed solely in navigation on the coasts of Malta shall not be exempted from registry.
(3)It shall be lawful to register any ship which is being built or equipped and that when built or equipped will be a ship registrable under this Act.
(4)Pending completion the ship may be assigned an official MERCHANT SHIPPING number and a name.
(5)For the purposes of identification the owner of such ship that is being built or equipped shall identify it by painting the official number, name and port of registry on the keel, and such details are to be reproduced on the ship’s side and eventually on the stern, as may be possible from time to time.
(6)The requirements of this Act (
  1. a)relating to survey and safety of ships already built (
  2. b)relating to the declaration of ownership of a ship under construction where the builders thereof have not yet affected delivery to the owners, and (
  3. c)relating to a bill of sale in respect of a sale of a ship under construction, shall be suspended under such conditions as the Registrar-General may impose, until the construction or equipping of the ship is completed or until delivery has been made, as the case may be.
(7)Notwithstanding any other provision of this Act, ships under six metres in length shall not be registrable under this Act.
(8)No ship shall be registered otherwise than by or with the express permission of the Registrar-General if the completion of her first construction occurred more than twenty years before the commencement of the year in which application for registration is first made under this Act, and the Registrar-General may allow the registration, or refuse to allow the registration of, any such ship: Provided that the Minister may, in any case, direct the Registrar-General, not to register any ship irrespective of its age in respect of which an application for registration has been made, if in the Minister ’s opinion it would be detrimental to the national interest of Malta or the interest of Maltese shipping for the ship to be registered. 4.
(1)A ship shall not be eligible to be registered under this Act unless owned wholly by persons of the following description (in this Act referred to as persons qualified to own a Maltese ship), namely (
  1. a)citizens of Malta; (
  2. b)bodies corporate established under and subject to the laws of Malta having their principal place of business in Malta or having a place of business in Malta and satisfying the Minister that they can and will ensure due observance of the laws of Malta relating to merchant shipping; (
  3. c)such other persons as the Minister may, by regulations, prescribe, and, saving any other provision of this Act, if a registered ship ceases to be owned wholly by persons qualified to own a Maltese ship, such ship shall cease to be a Maltese ship. Ships eligible to be registered under this Act.  Amended by: XXXVII. 1988.6; XXII. 2000.5. MERCHANT SHIPPING
(2)Notwithstanding the provisions of this article, regulations made under sub-article
(1)(
  1. c)may, in particular (
  2. a)prescribe the extent of the ownership of a ship or class of ships eligible to be registered under this Act; and (
  3. b)prescribe other conditions in conjunction with the requisite ownership for ships eligible to be registered under this Act.
(3)A body corporate shall be deemed to satisfy the Minister as required by sub-article
(1)(b) unless the Minister has made a d e c l a r a t i o n t o t h e c o n t r a r y ; a n d t h e M i n i s t e r m a y, b e f o r e withdrawing such declaration, impose such conditions as he may deem fit in the circumstances that may include the provision of a guarantee or a bond.
(4)For the purposes of sub-article
(1)(b) the Minister may, by regulations, establish such other conditions as he may deem expedient in order to ensure the proper application of this Act, and the due observance of the laws of Malta relating to merchant shipping. Home port. Amended by: XXXVII. 1988.
  2. The home port of every ship registered under this Act shall be Valletta, and the name of the home port shall be shown on any certificate of registry issued under article
  3. Registration Fees Registration fees.  Amended by:  XXIV. 1986.
  4. 6.
(1)There shall be levied in respect of the registration of a ship under this Act the fee on first registration and the annual fee specified in the First Schedule to this Act.
(2)The Minister may with the concurrence of the Minister responsible for finance, by regulations amend, add to, vary, revoke or substitute the First Schedule to this Act. Payment of fees. Amended by: XI.1977.2;  XXIV. 1986.3. Substituted by: XXXVII. 1988.8. Amended by: XXXVII. 1990.2, 6; I.2025.4. 7.
(1)The fee due on first registration and the annual fee shall be paid upon registration of the ship and no certificate of registry as described in article 19 shall be issued in respect of a ship unless the fees have been paid in respect of the ship: Provided that if the registrar is requested to give a service in respect of a ship prior to such ship being registered under this Act, the registrar may grant such service on payment of an amount equivalent to ten per cent of the first registration fee payable in terms of article 6 of the Act: Provided further that if the ship is registered within one year from such service being given, such an amount paid shall be deducted from the fee due on first registration.
(2)Thereafter the annual fee shall be payable by the anniversary of the first registration.
(3)Notwithstanding that the ship remains on the register under this Act, no registry fees shall be payable unless and until a certificate of registry or a deletion certificate, as the case may be, is MERCHANT SHIPPING issued under this Act: Provided that in no case may a certificate of registry be issued as of a date later than the date of expiry of the last valid certificate of registry, and should a certificate of registry or a deletion certificate be delivered at a later date, the fees due shall still accrue from the date of expiry of the last valid certificate of registry: Provided further that should a deletion certificate be issued on closure of registry in terms of article 28A, no registry fees shall be payable on the issue of such a deletion certificate.
(4)The fees specified in sub-article
(1)are paid on the basis of the tonnage declared by the owner of the ship on the application for registry and such fees shall be adjusted in accordance with the tonnage specified in the surveyor’s certificate issued in accordance with article 14 upon receipt of such certificate by the registrar.
(5)Fees on first registration and annual fees shall not be subject to abatement or refund save as provided for in this Act, or in accordance with regulations which may be made by the Minister. 8. All registrars are charged with the collection of registration fees due under this Act and with the issue of receipts therefor. Collection of fees. 9. A registrar is entitled to demand payment of any outstanding fees, charges or penalties due under this Act prior to recording any transaction in the register of a ship or prior to granting any services in connection with a ship: Default of payment. Substituted by: XXXVII.1988.9. Provided that in any case any registered mortgagee shall always be entitled, on payment of such fee as may be prescribed, to official documentary evidence as to the status of his mortgage in the register of any ship. Procedure for registration 10. An application for registry of a ship, whether provisional or otherwise, shall contain such information, details and documents as may be required by the registrar, and shall be made, in the case of individuals by the person requiring to be registered as owner or by some one or more of the persons so requiring if more than one, or by his or their agent, and in the case of bodies corporate by their agent; and the authority of the agent shall be testified by writing, if appointed by individuals under the hand of the appointors and, if appointed by a body corporate under the hand of a person or perso ns au tho ri sed t o a uth enti cate docu men ts f or t he b ody corporate. Application for registry.  Amended by: XXIV.1986.4. Substituted by: XXXVII. 1988.9. Amended by: XXII. 2000.7. 11. A person shall not be entitled to be registered as owner of a ship or of a share therein until he, or in the case of a body corporate the person authorised by this Act to make declarations on behalf of the body corporate, has made and signed a declaration of ownership referring to the ship as described in the application referred to in article 10 and containing the following particulars: Declaration of ownership. Substituted by: XXXVII. 1988.9. Amended by: XXXVII. 1990.3. MERCHANT SHIPPING (
  1. a)a statement of his qualification to own a Maltese ship or, in the case of a body corporate, of such circumstances as prove it to be qualified to own a Maltese ship; (
  2. b)a statement of the time and place where the ship was built or if these are not known, a statement that the declarant does not know the time and place of her building; (
  3. c)a statement of the extent to which he or the body corporate, as the case may be, is entitled to be registered as owner; (
  4. d)a declaration that to the best of his knowledge and belief no unqualified person or body of persons is entitled as owner to any interest in the ship or any share therein; and (
  5. e)a declaration as to what registered encumbrances, if any, exist on the ship. Provisional registration. Substituted by: XXXVII. 1988.9. Amended by: XXII. 2000.8; I.2025.5. 12. Upon receipt of an application for registry, whether provisional or otherwise, made in accordance with article 10 accompanied by a declaration of ownership as required by article 11, and upon the payment of the fees specified in this Act or any regulations made thereunder, the registrar may, subject to such conditions as he may deem proper, provisionally register the ship as a Maltese ship for six months provided the applicant for registry has furnished evidence satisfactory to the Registrar-General that: (
  6. a)the ship is either a vessel being built or equipped, or if already built is seaworthy; and (
  7. b)where required the registered owner has satisfied such conditions as may be established in accordance with the provisions of article 4
(3); Provided that the registrar may, on good cause being shown, renew the provisional registry of a ship for a further period of, or further periods not exceeding in the aggregate, six months: Provided further that, notwithstanding the provisions of this article, the registrar may, prior to the provisional registration of a ship, require such ship to be inspected by an appropriate inspector or a surveyor of ships. Documents and evidence after provisional registration. Amended by:  XIII. 1983.5. Substituted by: XXXVII. 1988.9. Amended by: XXXVII. 1990.4; XXII. 2000. 9; I.2025.6. 13.
(1)Within one month of provisional registry, extendable for good reason for another period of two months, the owner shall, unless the ship is otherwise exempted, produce to the registrar the following documents and evidence: (
  1. a)a builder’s certificate, that is to say a certificate signed by the builder of the ship (which expression includes such person as the Registrar-General recognises as carrying on the business of the builder of a ship) and containing true account of the proper denomination and of the tonnage of the ship as estimated by him, and of the time when and the place where she was built, MERCHANT SHIPPING and of the name of the person (if any) on whose account the ship was built or, if there has been any sale, the bill of sale or other document under which the ship or a share therein was transferred to the applicant for registry: Provided that the registrar may not enquire into prior title or registered encumbrances in cases where the vessel was acquired by the owner free from encumbrances pursuant to an order or with the approval of a competent court. (
  2. b)evidence satisfactory to the registrar, or as may be prescribed by the Minister, that any foreign certificate of registry of the ship, or equivalent documents, has been legally cancelled or the registry has been duly closed: Provided that the Minister may, in such circumstances as he may deem appropriate, direct that no such certificate shall be required where the owner has attempted to obtain such certificate but due to reasons beyond the control of the owner inordinate delay has occurred. The Minister may give any direction as to the production of such other documents as he deems fit.
(2)Within six months of provisional registry, extendable for good reason for a further period of, or further periods not exceeding in the aggregate, six months, the owner shall, unless the ship is otherwise exempted, produce to the registrar the following documents and evidence: (
  1. a)proof that the ship has been issued with such valid certificates required by international conventions (including protocols, annexes and appendices thereto) which have been ratified or acceded to or accepted by the Government of Malta; (
  2. b)certificate of survey issued in terms of article 14 and a copy of the tonnage measurement certificate: Provided that the Registrar-General may, subject to such conditions as he may deem proper, in case of a ship which is being built, rebuilt or equipped, exempt such ship from the requirements of this paragraph for a period of one year extendable for a valid reason for a further period or periods but in no case for a period exceeding two years at a time. (
  3. c)a carving and marking note issued in accordance with article 15 or evidence satisfactory to the registrar that the vessel has been marked in accordance with article 15. 14.
(1)Every ship shall before registry be surveyed by a surveyor of ships and her tonnage ascertained in accordance with the tonnage regulations of this Act.
(2)The surveyor shall in his certificate specify the ship’s tonnage and build and such other particulars descriptive of the Survey and measurement of ship.  Substituted by: XXXVII. 1988.9. MERCHANT SHIPPING identity of the ship as may from time to time be required by the Minister, and shall certify that the tonnage has been ascertained in accordance with the tonnage regulations of this Act.
(3)The surveyor’s certificate and the copy of the tonnage certificate shall be delivered to the registrar before registry. Marking of ship. Substituted by: XXXVII. 1988.9. Amended by: XXII. 2000.2; I.2025.7. 15.
(1)Every ship shall before registry be marked permanently and conspicuously to the satisfaction of the registrar as follows: (
  1. a)her name shall be marked on each of her bows and her name and the name of the home port shall be marked on her stern, on a dark ground in white or yellow letters or on a light ground in black letters, such letters to be of a length of not less than ten centimetres and of proportionate breadth; (
  2. b)her official number and the number denoting her registered tonnage shall be cut in on her main beam; and (
  3. c)her International Maritime Organization (IMO) Identification Number, where applicable, shall be marked in accordance to the Safety Convention; and (
  4. d)her draught shall be marked in accordance to the Load Line Convention.
(2)The Registrar-General may exempt any class of ships from all or any of the requirements of this article under such conditions as he may deem appropriate.
(3)If the scale showing the ship’s draught of water is in any respect inaccurate so as to be likely to mislead, the owner of the ship shall be liable to a fine (multa) not exceeding one hundred units.
(4)The marks required by this article shall be permanently continued and no alteration shall be made therein except in the event of any of the particulars thereby denoted being altered in the manner provided by this Act.
(5)If any owner or master of a ship neglects to keep his ship marked as required by this article, or if any person conceals, removes, alters, defaces or obliterates, or suffers any person under his control to conceal, remove, alter, deface or obliterate any of the said marks, except in the event aforesaid, or except for the purpose of escaping capture by an enemy, that owner, master or person shall for each offence be liable to a fine (multa) not exceeding one hundred units, and, on a certificate from a surveyor of ships that a ship is insufficiently or inaccurately marked, the ship may be detained until the insufficiency or inaccuracy has been remedied. MERCHANT SHIPPING 16.
(1)Saving any provision with regard to ships being built, rebuilt or equipped, all ships provisionally registered under this Act s h a l l c o m p l y, e x c e p t w h e r e e x p r e s s l y e x e m p t e d , w i t h t h e requirements of this Act within the periods specified in this Act, and in any case, within a maximum period of twelve months of the date of provisional registration and thereafter shall observe such requirements that are laid down in the Act or in any regulations made thereunder: Provided that with regard to ships that are being built or equipped and are registered in accordance with article 3
(3), at the request of the applicant for registry or his authorised representative, the Registrar-General may extend the provisional registration for a further period or periods until the completion of the ship, but in no case may the provisional registration period be extended for periods exceeding three years at a time: Provided further that the Registrar-General may extend for other periods of time upon receipt of satisfactory evidence that the construction has not yet been completed: Provided further that the Registrar-General may request documentation related to the stage of construction or equipping of the vessel: Provided further that the annual fee shall be payable on the anniversary of the first registration in accordance with the provisions of this Act.
(2)Any person who fails to observe the requirements of this Act within the time limits specified in a notice in writing served by the registrar upon the owner shall be liable to a penalty of fifty units per month or part thereof for each violation and any ship not complying with the requirements of provisional registry within a maximum period of twelve months shall be liable to a penalty of two hundred units per month or part thereof and in these cases the registrar may take steps to cancel such ship in accordance with this Act.
(3)The registrar may not re-register any ship, provisionally or otherwise, prior to the payment of all penalties previously incurred and unless satisfactory evidence is supplied to the registrar that the ship has been registered in a foreign register the penalties for the intervening period shall also be collected.
(4)It shall be the obligation of the owner throughout the whole period of registry, whether provisional or otherwise, to notify the reg istrar of any ch anges whi ch m i ght hav e o ccurred in th e intervening period since registry, to the information contained in any certificates and evidence produced before registry.
(5)The registrar may refuse to register provisionally a ship more than three times in succession even in the name of different owners, and shall refuse to consecutively register provisionally a ship more than two times in the name of the same owner. Compliance with the requirements of this Act.  Amended by:  XXIV. 1986.5. Substituted by: XXXVII.1988.9. Amended by: XXXVII. 1990.5; XXII. 2000.2, 10; I.2025.8. Entry of particulars in register. Amended by: XXXVII.1988.4,10; VIII. 2010.61. MERCHANT SHIPPING 17.
(1)As soon as the requirements of this Act preliminary to registry whether provisional or otherwise, have been complied w it h, t he re gis t ra r s ha l l e nt e r in t he re g ist e r th e f ol lo w i ng particulars respecting the ship: (
  1. a)the name of the ship; (
  2. b)the details comprised in the surveyor’s certificate where applicable; (
  3. c)the particulars respecting her origin stated in the declaration of ownership; (
  4. d)the name and description of her registered owner or owners and, if there are more owners than one, the proportions in which they are interested in her; (
  5. e)any registered encumberances that may come to the knowledge of the registrar; (
  6. f)the details of any mandate or power of attorney, irrevocable or otherwise in a separate document or as part of an agreement between the parties, granted by way of security to the mortgagee, or to a third party for the mortgagee’s benefit, granting powers relating to the exercise of rights relating to the vessel or the closure of the register on behalf of the registered owner or grantor, where he is not the registered owner.
(2)Where a mortgagor has issued a mandate or power of attorney, whether irrevocable or otherwise, and whether in a separate document or within an agreement between the parties, and has submitted such mandate or power of attorney for registration to the registrar, such power of attorney shall be registered in the register of the ship to which it refers.
(3)The registrar shall register any notice of cancellation or release of such mandate or power of attorney from the registry at the request of the party authorised under the power of attorney or of the person for whose benefit it has been granted. In the event that a mandate or power of attorney is granted for a stated period of time after which it shall lapse, such date shall also be recorded in the register and the registration of the mandate shall have no effect after such date.
(4)The registrar and other administrative authorities shall support and co-operate with the authorised party in the exercise of the powers specified in any mandate or power of attorney entered in the register; provided that in so far as relates to powers granted for the benefit of holders of mortgages registered prior to the coming into force of this article, such assistance shall be granted even if the mandate or power of attorney is not recorded in the register and this upon the authorities being satisfied of the authenticity of the mandate.
(5)It shall be lawful for all holders of existing mortgages to submit for registration, at their option, any mandate or power of attorney they have received in their favour and which falls within the scope of this article and the registrar shall act accordingly. MERCHANT SHIPPING
(6)The registrar shall not be bound in any manner by any written notice from the grantor of revocation of such a mandate or power of attorney which is stated to be irrevocable and shall not be liable in any manner for acting upon the basis of a mandate or power of attorney issued in accordance with this article.
  1. On the registry of a ship, the registrar shall retain in his possession the surveyor ’s certificate, a copy of the builder ’s certificate, a copy of the last bill of sale previously made and all declarations of ownership. Electronic copies of documents to be retained shall suffice. Documents to be retained by registrar. Amended by: XXII. 2000.11; I.2025.
  2. 18A.
(1)The registrar may require such particulars, as he may deem proper, of the managing owner for the time being of a ship registered under this Act, to be registered with him. Ship’s managing owner to be registered. Added by: XXII. 2000.12.
(2)Where there is not a managing owner, there shall be registered the particulars of such other person to whom the management of the ship is entrusted by or on behalf of the owner, and any person whose particulars are so registered shall, for the purposes of this Act, be under the same obligations and subject to the same liabilities in respect of any act performed or omitted to be performed by him as if such act were performed or omitted to be performed by the managing owner. Certificate of Registry 19.
(1)On completion of the provisional registry of a ship the registrar shall, subject to such conditions as he may deem proper, grant a provisional certificate of registry: Provided that, unless exempted, if the ship is not in possession of valid certificates required by international conventions (including protocols, annexes and appendices thereto) w h i c h h av e b e e n r a t i f i e d o r a cc e d ed t o o r a cc e p t ed b y t h e Government of Malta and such other certificates as the Minister may by regulations prescribe, the registrar shall grant a nonoperational provisional certificate: Provided further that unless the requirements for registry have been completed the registrar shall also issue a non-operational provisional certificate to any laid up ship qualifying for special treatment under this Act, or to a ship under tow.
(2)On completion of registry of a ship the registrar shall grant a certificate of registry: Provided that, unless otherwise exempted, if the ship is not in possession of valid certificates required by international conventions (including protocols, annexes and appendices thereto) w h i c h h av e b e e n r a t i f i e d o r a cc e d ed t o o r a cc e p t ed b y t h e Government of Malta and such other certificates as the Minister may by regulations prescribe, the registrar shall issue a nonoperational certificate of registry: Provided further that if the requirements for registry have been completed the registrar shall also issue a non-operational Certificates of registry, provisional or other.  Substituted by: XXXVII.1988.11. Amended by: XXXVII. 1990.6; XXII. 2000.13; L.N. 210 of 2016. MERCHANT SHIPPING certificate of registry to any laid up ship qualifying for special treatment under this Act, or to a ship under tow.
(3)The period of validity of a certificate of registry shall be as follows: (
  1. a)if issued within the first twelve months of provisional registry for the remaining period of the said twelve months; or (
  2. b)if issued at the expiry of the first twelve months for a period of twelve months: Provided that the registrar, at the request of the owner and on payment of the relative annual fees, may issue a certificate of registry for the combined period of the periods specified in paragraphs (
  3. a)and (
  4. b)hereof, so however that the fee specified for the subsequent period of twelve months shall be refunded if the registry of the ship is closed prior to the commencement of such period: Provided further, that for ships of 500 gross tonnage and over, if the certificate of registry is issued at the expiry of the first twelve months, it may be valid for a maximum period not exceeding five years.
(4)Thereafter, all certificates of registry shall be issued for a period of twelve months provided that within a period of three months prior to the expiry of such certificate, the registrar, upon the payment of the annual fee, shall issue a renewal certificate of registry in the prescribed form: Provided that for ships of 500 gross tonnage and over, all certificates of registry or the respective renewal certificates of registry may be valid for a maximum period of five years.
(5)No certificate may be issued, except in cases of loss or destruction of a certificate, other than on the return o f the certificate currently being held by the owner or at the discretion of the registrar, upon the issue of an undertaking by the owner to return the certificate within a maximum period of one month.
(6)A certificate of registry, whether provisional or otherwise, issued to a ship in terms of the provisions of this article, may be issued subject to such conditions as the registrar may deem proper and shall include the name and official number of the vessel and such particulars, if any, as the registrar may deem proper showing the port of Valletta as the port to which she belongs. *
(7)For the purpose of this article a laid up vessel shall qualify for special treatment under this Act or any regulations made thereunder if (
  1. a)the registered owner makes a declaration to the effect that the ship is laid up and shall remain laid up for a period of not less than twelve months; and (
  2. b)evidence satisfactory to the registrar is produced to the *This sub-article is not yet in force as far as its applicability to articles 37A, 37B, 37C and 37D is concerned. MERCHANT SHIPPING effect that the ship is laid up certifying the location where the ship lies: Provided that should the ship be reactivated within six months from the date of the declaration specified in paragraph (
  3. a)hereof, the ship shall be deemed not to have been laid up, and the fees payable in accordance with article 7 shall become due in full from the date of the declaration: Provided further that should the ship be reactivated after the lapse of six months from the date of declaration specified in paragraph (
  4. a)hereof the fees payable under article 7 shall be payable from the lapse of the initial six months: Provided further that where a declaration specified in paragraph (
  5. a)hereof is made on a date after the annual fee becomes due, the difference in the fees payable had the declaration been made on or before the date on which the annual fee becomes due, will be deducted only upon the payment of the next annual fee. 19A. Where a ship registered under this Part of this Act is being operated under charter or is leased in any year in respect of which the charterer or the lessee shall have paid to a registrar an amount equal to the annual registration fee for that year in addition to that paid by the owner, and such ship is not bareboat charter registered in a foreign registry, the Registrar-General, on submission of an application made by such charterer or the lessee accompanied by a copy of the charter agreement or the lease agreement and the consent in writing of the owners of the ship and all registered mortgagees may, subject to such conditions as he may deem proper, authorise the issue of a certificate of registry, whether provisional or otherwise, in the name of such charterer or lessee instead of in the name of the registered owner. The copy of the charter or the lease agreement presented with the application shall not be available for public inspection. 19B. At any time during the period of when a certificate is issued in the name of the charterer or lessee, the registered owner and the registered mortgagee may withdraw their consent for the certificate to be issued in the name of the charterer or the lessee and upon doing so, the certificate will cease to have effect. The charterer or lessee shall forthwith surrender the said certificate. The Registrar shall inform/notify the owner and the mortgagee as the case may be. Certificate of registry in the name of the charterer. Added by: XXII. 2000.14. Substituted by: L.N. 210 of 2016. 20.
(1)Any certificate of registry shall be used only for the lawful navigation of the ship and shall not be subject to detention by reason of any title, lien, charge or interest whatever had or claimed by any owner, mortgagee, or other person to, on or in the ship. Custody of certificate. Amended by:  XIII. 1983.5; XXXVII.1988.12; XXII. 2000.2.
(2)Except as otherwise authorised or prescribed by or under this Act, no person, whether interested in the ship or not, shall refuse on request to deliver up any certificate of registry when in his possession or under his control to the person entitled to the custody thereof for the purposes of the lawful navigation of the ship, or to any registrar or other person entitled by law to require Certificate issued in the name of the charterer or lessee. Added by: L.N. 210 of
  1. MERCHANT SHIPPING such delivery; and any person so refusing shall, unless it is shown that there was reasonable cause for such refusal, be liable to a fine (multa) not exceeding one hundred units. Penalty for use of improper certificate. Amended by:  XIII. 1983.5 XXXVII. 1988.12; XXII. 2000.
  3. If the master or owner of a ship uses or attempts to use for her navigation any certificate of registry not legally granted in r e s p e c t o f t h e s h i p , h e s h a l l f o r e a c h o ff e n c e b e l i a b l e t o imprisonment for a period not exceeding two years or to a fine ( multa) n o t e x c e e d i n g f i v e h u n d r e d u n i t s , o r t o b o t h s u c h imprisonment and fine; and the ship shall be liable to forfeiture under this Act. Power to grant new certificate. Amended by: XXXVII.1988.4;
  5. The registrar may, with the approval of the RegistrarGeneral, on the delivery up to him of any certificate of registry of a ship, grant a new certificate in lieu thereof. Provision for loss of certificate. Amended by:  XIII. 1983.5; XXXVII.1988.4;
  7. In the event of any certificate of registry of a ship being mislaid, lost, destroyed or otherwise not recoverable, the registrar shall grant a new certificate of registry in lieu of the original certificate. Endorsement of change of master on certificate.
  8. Endorsement of change of ownership on certificate. Amended by:  XII
  9. 1983.5; XXXVII.1988.4; 14; XXII. 2000.
  11. Deleted by I.2025.
  12. Delivery up of certificate of ship lost or ceasing to be Maltese. Amended by: XIII.1983.5; XXIV.1986.6; XXXVII.1988.4; 15; XXII. 2000.2, 15; I.2025.
  13. Repealed by article 14 of Act XXXVII of
  14. 26.
(1)In the event of a registered ship whether provisionally or otherwise, being either actually or constructively lost, taken by the enemy, burnt or broken up, or ceasing, whether by reason of transfer to persons not qualified to own a Maltese ship or for any other reason, to be a Maltese ship, every owner of the ship shall, immediately on obtaining knowledge of the event, give notice thereof to the registrar, unless the registrar has already been give notice of the event or is otherwise already aware of it: Provided that no transfer of a Maltese ship may take place in favour of persons who are not qualified to own a Maltese ship, unless there is produced to the registrar, the consent in writing of all the mortgagees whose mortgages are duly registered in respect of the ship, saving where the transfer is made pursuant to an order or with the approval of a competent court.
(2)Suspension of certificate of registry. Added by: XXII. 2000.16. Amended by: I.2025.
  1. Deleted by I.2025.
  2. 26A. Where under any of the provisions of this Act a certificate of registry of a Maltese ship, whether provisional or otherwise, is suspended, the person by whom the suspension is made shall give to, or cause to be served on, the master or the owner of the ship a written notice of the suspension, and thereupon the ship shall not proceed to sea. MERCHANT SHIPPING 26B. Where under any of the provisions of this Act a nonoperational certificate of registry, whether provisional or otherwise, is issued, the ship shall not proceed to sea unless authorized by the Registrar for the purpose of sea trials. Non-operational certificate of registry. Added by: XXII.2000.17. Amended by: L.N. 210 of
  3. 26C. If any person sends or attempts to send, or is a party to sending or attempting to send, a ship to sea in contravention of the provisions of articles 26A and 26B, he shall be liable in respect of each offence to imprisonment for a period not exceeding two years or to a fine (multa) not exceeding one thousand units or to both such imprisonment and fine (multa). Penalties. Added by: XXII. 2000.
  4. 27.
(1)A certificate of registry, whether provisional or otherwise, shall cease to have effect: Validity of certificate of registry. Substituted by: XXXVII. 1988.16. Amended by: XXII. 2000.2. Substituted by: XXII. 2000.19. Amended by: L.N. 210 of 2016. (
  1. a)on the expiry of its validity date; (
  2. b)on its suspension in accordance with the provisions of this Act; (
  3. c)on its substitution by another certificate issued in accordance with the provisions of this Act; (
  4. d)on closure of registry in accordance with the provisions of this Act; or (
  5. e)on failure of payment of the relevant fees.
(2)Subject to the provisions of this Act, upon a certificate of registry, whether provisional or otherwise, ceasing to have effect the owner or the master shall forthwith forward this certificate to the registrar or, in case a certificate is suspended in terms of article 26A, to the registrar or a Maltese consular officer.
(3)If any such person as aforesaid fails without reasonable cause to deliver up the certificate as required by this article, he shall be liable to a fine (multa) of one hundred units. Closure of Registry 28.
(1)Where the owner of a Maltese ship desires to close the register of a ship he shall make an application to that effect to the registrar, giving all such particulars and information as the registrar may require for the purpose.
(2)The registrar may refuse such application if all liabilities and obligations in respect of the ship towards the Authority, the Government of Malta and any body corporate established by law, whether for fees, charges, fines or otherwise have not been paid, and shall refuse such application unless the consent in writing of all mortgagees whose mortgage is duly registered in respect of the ship is produced to him.
(3)Where any such application is acceded to the registrar shall make an entry thereof in the register and thereupon the ship shall cease to be a Maltese ship and the registry of the ship shall be considered as closed except so far as relates to any unsatisfied Voluntary closure of registry. Substituted by: XXXVII 1988.16. Amended by: XXII.
  2. MERCHANT SHIPPING mortgages or privileges entered therein. Closure of registry on sale of ship pursuant to court sale or sale by mortgagee in possession. Added by: XXII. 2000.21. Amended by: L.N. 210 of 2016. Substituted by: I.2025.
  3. 28A. Where the purchaser of a ship is not a person who is qualified to own a Maltese ship in accordance with this Act, the registrar upon obtaining knowledge or on being given notice of such a fact, the registrar shall: (a) in the case of a sale pursuant to an order or with the approval of a competent court, upon receiving copies of the proceedings of the sale certified to his satisfaction, make an entry thereof in the register and the register of the ship shall be considered as closed, including in so far as relates to any mortgage or encumbrance or finance charter instrument registered over that ship; or (b) in the case of a sale by a mortgagee in possession pursuant to article 42
(1)(b), upon the production of a copy of the bill of sale certified to his satisfaction, make an entry thereof in the register and the register of the ship shall be considered as closed except in so far as relates to any unsatisfied mortgages entered therein. Power to order or direct closure of registry. Substituted by: XXXVII.1988.16; XXII. 2000. 22. 29.
(1)The Minister may order that a ship shall cease to be registered if it is in the national interest or in the interest of Maltese shipping.
(2)The Registrar-General may direct that a ship shall cease to be registered in the following cases: (
  1. a)if the annual fee has not been duly paid in accordance with this Act; (
  2. b)if the formalities specified in article 13 are not complied with within the maximum periods therein specified; (
  3. c)if in the event of a registered ship being either actually or constructively lost, taken by the enemy, burnt or broken up, or ceasing, whether by reason of a transfer to persons not qualified to own a Maltese ship or for any other reason, to be a Maltese ship; (
  4. d)if the owner fails to observe the provisions of this Act; (
  5. e)if it is established that the ship will not or cannot be registered under this Act; (
  6. f)if, where required, any conditions established by the Minister in accordance with article 4
(4)are not observed for a period in excess of one month; (
  1. g)if the owner fails to pay any fine imposed under this Act, or fails to pay any penalty within one month of their being demanded in writing by the registrar; or (
  2. h)if the owner fails to be in possession of a valid certificate of registry, whether provisional or otherwise, for a period in excess of one month.
(3)Prior to the issue of any such order or directive the MERCHANT SHIPPING registrar shall give one month’s notice in writing to the registered owner and any registered mortgagee of the intention of closure of registry unless the cause for such closure is remedied. The registrar shall specify in the notice the reason for closure and the expiry date for compliance failing which closure will be effected.
(4)Upon the issue of any notice in terms of sub-article
(3)the registrar shall make a note thereof in the register and shall record the date on which the one month period shall lapse.
(5)Upon the lapse of the said one month from the giving of notice and upon receipt of the order from the Minister or the directive from the Registrar-General, as the case may be, the registrar shall make an entry thereof in the register and thereupon the ship shall cease to be a Maltese ship and the registry of the ship shall be considered as closed except so far as relates to any unsatisfied mortgages or privileges entered therein, and the mortgagees shall have the right to demand the immediate sale of the ship or share therein as if the debtor had not adhered to all the conditions under which the credit was granted. 30.
(1)When the registry of a ship, whether provisional or otherwise, has been closed, the registrar shall, upon request of the registered owner or, when the registry of a ship has been closed in terms of article 28A upon request of the purchaser, issue a deletion certificate: Provided that the registrar may refuse to issue such certificate if all liabilities and obligations in respect of the ship towards the Authority, the Government of Malta and any body corporate established by law, whether for fees, charges, fines or otherwise have not been paid. Deletion certificate. Amended by: XIII.1983.5; XXIV.1986.7. Substituted by: XXXVII.1988.16. Substituted by: XXII. 2000. 23. Amended by: I.2025.14.
(2)The registrar shall specify on the deletion certificate the reason for closure of registry, and where the registry of a ship, whether provisional or otherwise, has been closed saving any unsatisfied mortgage, any unsatisfied finance charter instrument or privilege entered therein, the deletion certificate shall also include a full description of any unsatisfied mortgage, any unsatisfied finance charter instrument or privilege, together with a statement that the registry of the ship was closed saving such mortgages, finance charter instruments or privileges. 31. Repealed by article 16 of Act XXXVII of 1988. Issue of certificate of registry in lieu of provisional certificate. MERCHANT SHIPPING Transfer and Transmissions Transfer of a ship or share therein. Amended by: XXIV.1988.8; XXXVII.1988.4; 77; XXII. 2000.24; L.N. 210 of 2016. 32.
(1)A registered ship or a share therein shall be transferred by a bill of sale.
(2)The bill of sale shall contain such description of the ship as it contained in the surveyor’s certificate or some other description sufficient to identify the ship to the satisfaction of the registrar, and shall be executed by the transferor in the presence of, and attested by, a witness or witnesses.
(3)No transfer of a Maltese ship may be made in favour of persons who are not qualified to own a Maltese ship, unless there is the consent in writing for such transfer of all the mortgagees whose mortgages are duly registered in respect of the ship, saving where the transfer is made pursuant to an order or with the approval of a competent court.
(4)Upon the entry of a transfer of a registered ship or a share therein in favour of a person qualified to own a Maltese ship the registrar shall notify accordingly the holder of any registered mortgage.
(5)Where the ownership of a ship or share therein is transferred following a merger or by operation of law, the person to whom the ownership is transferred shall make and sign a declaration indicating the manner in which and the person to whom the property has been transferred to and such declaration shall be accompanied by documentary evidence that may be required by the Registrar. Declaration of transfer.
  1. Where a registered ship or share therein is transferred to a person qualified to own a Maltese ship, the transferee shall not be entitled to be registered as owner thereof until he, or in the case of a body corporate, the person authorised by this Act to make declarations on behalf of a body corporate, has made a declaration (in this Act called a "declaration of transfer") referring to the ship and containing (a) a statement of the qualification of the transferee to own a Maltese ship or, if the transferee is a body corporate, of such circumstances as prove it to be qualified to own a Maltese ship; and (b) a declaration that, to the best of his knowledge and belief, no unqualified person or body of persons is entitled as owner to any interest in the ship or share therein. Registry of transfer.  Amended by: XXXVII. 1988.4; XXXVII. 1990.
  2. 34.
(1)Every bill of sale for the transfer of a registered ship or of a share therein to a person qualified to own a Maltese ship shall, when duly executed, be produced to the registrar with the declaration of transfer, and the registrar shall, saving any other provision of this Act, thereupon enter in the register the name of the transferee as owner of the ship or share and shall endorse on the bill of sale the fact of that entry having been made, with the day and hour thereof. MERCHANT SHIPPING
(2)All such bills of sale shall be entered in the register in the order of their production to the registrar. 35.
(1)Where the property in a registered ship or a share therein is transmitted on the death of any owner to a person qualified to own a Maltese ship, that person shall make and sign a declaration (in this Act called a "declaration of transmission") identifying the ship and containing the several statements required by article 33 to be contained in a declaration of transfer, or as near thereto as circumstances permit, and such declaration of transmission shall be accompanied by such evidence of the transmission as would be acceptable by a competent court as proof of such transmission. Transmission of property in ship. Amended by: XXXVII. 1988.4; XXXVII. 1990.9; XXIV.1995.362.
(2)On receipt of the declaration of transmission so accompanied, the registrar shall enter in the register the name of the person entitled under the transmission as owner of the ship or share the property in which has been transmitted and, where there is more than one such person, shall enter the name of all those persons.
(3)Where the property in a registered ship or share therein is transmitted on the death of any owner to a person not qualified to own a Maltese ship (
  1. a)the Civil Court, First Hall, may on an application by the unqualified person order a sale of the property so transmitted and direct that the proceeds of the sale, after deducting the expenses thereof, be paid to the person entitled under the transmission or otherwise as the court directs; (
  2. b)the court may require any evidence in support of the application it thinks requisite, and may make the order on any terms and conditions it thinks just, or may refuse to make the order, and generally may act in the case as the justice of the case requires; (
  3. c)every such application for sale must be made within four weeks after the occurrence of the death in consequence of which the transmission has taken place, or within such further time, not exceeding in the whole one year from the date of the occurrence, as the court may allow; (
  4. d)if an application is not made within the time aforesaid, or if the court refuses an order for sale, or if notwithstanding the sale the ship is not owned wholly by persons qualified to own a Maltese ship, the ship shall cease to be a Maltese ship. 36. Where the transfer or sale of any ship or share therein is ordered by a court, the order of the court shall contain a declaration vesting in some person named by the court the right to transfer that ship or share, and that person shall thereupon be entitled to transfer the ship or share in the manner and to the same extent as if he were the registered owner thereof; and the requisition of the person so Transfer of ship or sale by order of court. MERCHANT SHIPPING named in respect of any such transfer shall be obeyed to the same extent as if such person were the registered owner. Power of court to prohibit transfer. Amended by: XXXVII.1988.18; XXIV.1995.362. Substituted by: XXII. 2000. 25. Amended by: L.N. 181 of 2006; I.2025.15. 37.
(1)The Civil Court, First Hall, may, if it thinks fit (and without prejudice to the exercise of any other power of the court), on a demand by a sworn application of a person claiming a right in or over a ship make an order prohibiting for a specified time, which shall in no case be of more than a year, any dealing with a ship or any share therein, and the court may make the order on any terms and conditions it thinks just, subject to any other provision of this Act, including, without prejudice to the generality of the above, the imposition of an obligation to provide appropriate security, for damages, interests and costs, or may refuse to make the order, or may discharge the order when made, with or without costs, and generally may act in the case as the justice of the case requires; and every registrar, without being made a party to the proceedings, shall on being served with, or given notice of, the order obey the same and shall enter a note thereof and the relevant expiry date in the register of the ship.
(2)The sworn application shall, on pain of nullity, indicate a sum in Maltese or foreign currency which shall, for the purposes of this article, be deemed to be the amount of the claim.
(3)The Court shall not issue an order in terms of sub-article
(1)and shall discharge any such order when made, if it is satisfied that the rights of the plaintiff are already otherwise secured.
(4)Where the respondent either deposits in court the amount of the claim in the currency indicated therein or gives security, satisfactory to the court, for such claim, the court shall not issue the order or where the court has issued the order, it shall revoke the s a me w it h re s pe c t to t he sh ip o r th e shar e th e r e i n, a nd t he provisions of this article shall thereupon be applicable with respect to the amount so deposited or the security so given as the case may be.
(5)The Court shall appoint the writ for hearing within twenty days of its filing; moreover the court may, on the application of the plaintiff make a provisional order prohibiting any such dealings until the court decides definitely on the merits of the writ or until the court shall have revoked the provisional order.
(6)If the order, other than a provisional order, is issued in order to secure a claim which has not yet been judicially verified, unless proceedings on the merits of the claim are already pending, whether in a Maltese court or any other competent court or in arbitration, the plaintiff obtaining such order shall be obliged to prosecute such claim, in Malta or in any other competent court or in arbitration, within eight working days of the issue of the definite order failing which the court issuing the order shall, on the application of the owner, or any other interested party, revoke the same; and where the court has issued a provisional order, the plaintiff shall be obliged to prosecute the claim within thirty days of the issue of the provisional order or eight days of the definite order, whichever is the earlier.
(7)Notwithstanding any provision of the Code of Organization MERCHANT SHIPPING and Civil Procedure, an order given as aforesaid, even if provisional, shall be immediately enforceable.
(8)Any order issued hereunder may be extended by the Court on the application of the plaintiff for a further period or periods each of not more than one year; provided that the applicant confirms that the order is still required and the application is filed at least thirty days prior to the lapse of the then current term of the order. Upon such application the court shall thereupon extend such order and such extension shall be notified to the defendant and shall be served on the registrar who shall enter the new expiry date in the register of the ship.
(9)An order issued in terms of this article shall not affect: (a) the rights of the holder of any mortgage registered over the ship or recognised in terms of this Act, including the rights specified in article 42, with the exception of the mortgagee’s right to demand the closure of a ship’s register in accordance with article 42
(1); (
  1. b)the ability of the registrar to delete a ship or to issue any deletion certificate thereof pursuant to any provision of this Act other than on the request of the owner in terms of article 28; (
  2. c)the sale of the ship pursuant to an order or with the approval of a competent court within whose jurisdiction the ship was at the time of the sale; (
  3. d)the bareboat charter registration of the ship in a foreign registry pursuant to the provisions of Part IIA of this Act.
(10)For the purposes of this article: (
  1. a)a right in or over a ship or a part thereof shall be a claim based on: (
  2. i)(
  3. ii)(iii) (
  4. iv)(
  5. v)a right of ownership; or secured by a mortgage; or secured by a registered encumbrance; or secured by a privilege or a lien over the ship arising by operation of Maltese law or the law applicable to the claim; or any other claim which gives rise to a claim in rem against a vessel under Maltese law; (
  6. b)a discharge of or an amendment for the purpose of reducing the amount secured by a mortgage shall not be deemed to constitute a dealing with a ship or share therein; (
  7. c)a guarantee by a Maltese bank or by a foreign bank of repute in the currency of the claim shall qualify as satisfactory security; provided that in the event that such guarantee is deposited in the registry of the courts, the foreign bank issuing the guarantee shall unconditionally submit to the jurisdiction of the MERCHANT SHIPPING Maltese courts in so far as its obligations under the guarantee are concerned. Maritime privileges and mortgages Detention of ships as security for debts.  Added by:  XXXVII. 1988.19. 37A.
(1)Ships and other vessels constitute a particular class of moveables whereby they form separate and distinct assets within the estate of their owners for the security of actions and claims to which the vessel is subject. In case of bankruptcy of the owner of a ship, all actions and claims, to which the ship may be subject, shall have preference, on the said ship, over all other debts of the estate.
(2)A ship shall include together with the hull, all equipment, machinery and other appurtenances as accessories belonging to the ship, which are on board or which have been temporarily removed therefrom. Types of charges over ships.  Added by:  XXXVII. 1988.19. Amended by: I.2025.16. 37B.
(1)A ship may constitute security for a debt or other obligation either by agreement or by operation of the law as hereinafter provided.
(2)A debt or other obligation may be secured (
  1. a)by means of a mortgage which is a special charge over a vessel, or (
  2. aa)by means of a finance charter interest which is a charge over a vessel which is enforceable erga omnes, or (
  3. b)by a general hypothec which attaches to all the assets of a debtor including any vessel such debtor may own, or (
  4. c)by a special privilege upon the vessel: Provided that special privileges arise in virtue of law and no debt or other obligation other than those specified at law shall be secured by a special privilege.   
(3)Subject to the provisions of article 40, separate items upon a vessel may themselves be subj ect to special privileges in accordance with the provisions of the Civil Code, in security of the debts therein specified.
(4)A mortgage shall also include a mortgage that has been registered in a foreign jurisdiction but is recognized in Malta and registered in the Maltese registry. Priority of claims on ship over all other debts of owner.  Added by: XXXVII. 1988.19. Amended by: VIII. 2010.61; I.2025.17. 37C.
(1)All registered mortgages, any special privileges and all actions and claims to which a vessel may be subject shall not be a ff e c t e d b y t h e b a n k r u p t c y o f t h e m o r t g a g o r o r s h i p o w n e r happening after the date on which the mortgage was created or the special privilege, action or claim arose, notwithstanding that the owner at the commencement of the bankruptcy had the ship in his possession, order or disposition, or was the reputed owner thereof, and such mortgage, privilege, action or claim shall have preference, on the said vessel, over all other debts, claims or interests of any other creditor of the bankrupt or of any curator, trustee or receiver, MERCHANT SHIPPING acting on behalf of any other creditors.
(1a)Any finance charter instrument to which a vessel may be subject shall not be affected by the bankruptcy of the finance charterer occurring after the registration date of the finance charter interest, notwithstanding that the finance charterer at the commencement of the bankruptcy had the ship in his possession, order or disposition, and such finance charter interest shall have preference on the said vessel, over all other debts, claims or interests of any other creditor of the bankrupt or of any curator, trustee or receiver, acting on behalf of any other creditors, save for those claims which would rank in preference of a finance charter interest in accordance with the provisions of this Act.
(2)Any judicial sale proceedings instituted by any registered mortgagee or privileged creditor shall not be interrupted or in any way hindered by any curator in bankruptcy, whether voluntary or compulsory, or any liquidator or receiver of the shipowner for any cause other than a cause that could be set up by the owner.
(3)For the avoidance of doubt, the provisions of the Companies Act relating to insolvency shall not apply insofar as inconsistent with this Act.  37D.
(1)Subject to the provisions of this article, a registered mortgage and any finance charter instrument shall attach to the ship or share therein in respect of which it is registered until it is discharged: Attachment and extinguishment of charges.  Added by:  XXXVII. 1988.
  1. Amended by: XXXVII. 1990.10; XXII.
  2. 26; I.2025.
  3. Provided that where the ship has been forfeited in accordance with this Act, the interest of the mortgagee and, or of any lessor under a finance charter instrument in the ship shall terminate if the mortgagee or the lessor under a finance charter instrument has authorised, consented to, or conspired, to the act, failure or omission in consequence of which the ship is forfeited.
(1a)Where a ship has been sold pursuant to an order or with the approval of a competent court within whose jurisdiction the ship was at the time of the sale, such sale of the ship shall be considered to give the purchaser a title which is free from all privileges and encumbrances and any mortgage, finance charter instrument or encumbrance registered over that ship shall be deemed to be discharged and shall be removed from the ship’s register: Provided that the interest of the mortgagees, or of the lessor under a finance charter instrument as well as of any other creditor in the ship including their respective ranking, if any, shall be passed on to the proceeds of the sale of the ship in accordance with the applicable law in that jurisdiction: Provided further that where a ship has been sold by a mortgagee in possession pursuant to his rights in accordance with article 42
(1)(b) and it is stated in the bill of sale that the ship is being sold free from such encumbrance, then the rights arising from such registered mortgage and any finance charter instrument registered on the ship shall no longer be exercisable in relation to that ship.   MERCHANT SHIPPING
(2)Any hypothec or privilege whether general or special to which a ship may be subject under the provisions of the Civil Code shall not continue to attach to it when the vessel is transferred to third parties.
(3)Without prejudice to any other cause which may at law extinguish an obligation the special privileges specified in article 50 are not extinguished by the sale of the vessel, except in case of a sale made pursuant to an order or with the approval of a competent court made according to the forms prescribed by law, or where, subsequent to a voluntary sale a period of one year has elapsed from the date of the registration, recording or annotation of that voluntary sale in the registry to which the ship belongs or where no such registration, recording or annotation are entered in that registry from the date of closure of the register of the ship in such registry subsequent to such voluntary sale, unless within such period of one year an action for the recovery of the claim secured by such privilege has been brought before a competent court. Mortgage of ship or share.  Amended by: XXXVII. 1988.20; XXII. 2000. 27; XIII. 2004.61; VIII. 2010.61; I.2025.19. 38.
(1)A registered ship or a share therein may be made a security for any debt or other obligation by means of an instrument creating the security (in this Act called a "mortgage") executed by the mortgagor in favour of the mortgagee in the presence of, and attested by, a witness or witnesses.
(2)A mortgage is indivisible notwithstanding the divisibility of the underlying debt or other obligation which it may secure.
(3)A mortgage shall attach to any proceeds from any indemnity arising from collisions and other mishaps as well as any insurance proceeds.           
(4)It shall be lawful for a mortgage to be executed and registered in favour of a security trustee appointed or acting under a trust for the benefit of persons to whom a debt or other obligation is due. Such security trustee shall, in any such case, be recognised as the mortgagee of the particular mortgage and shall be entitled to exercise all the rights in relation to that mortgage as are accorded to mortgagees by this Act or any other enactment. Any such security trust shall be governed by the provisions of article 2095E of the Civil Code when the applicable law is the law of Malta.
(5)A mortgage registered in accordance with this Act may be drawn up to secure the payment of a principal sum and interest, a current account, as well as the performance of any other obligation, including a future obligation due by the debtor to the creditor: Provided that a mortgage drawn up in accordance with this Act shall be valid at law even if it does not indicate the monetary value of the indebtedness in the mortgage: Provided further that in order for future obligations to be secured by the mortgage, each of the following conditions shall be met: (
  1. i)a maximum sum by way of principal for which the mortgage is granted shall be expressly stated in the registered instrument; MERCHANT SHIPPING (
  2. ii)such maximum sum shall be recorded in the register by the registrar; and (iii) the mortgage shall be registered in favour of a credit institution in an approved jurisdiction or such other organisation as may be permitted by means of a notice issued by the Minister.
(6)The Minister may make regulations to further regulate the operation of security granted to secure future obligations.
(7)For the purposes of this Act, the term ''account current'' means any indebtedness of a mortgagor in favour of a mortgagee arising and determinable in accordance with an underlying obligation and all the provisions of the Commercial Code relative to the contract of account current including the provisions of article 264 thereof shall not apply thereto unless expressly agreed to by the parties.     39.
(1)On the production of a mortgage for registration the registrar shall record it in the register and assign an index number of registration to such mortgage. Registration of mortgages. Amended by: XXXVII. 1988.4; 21;  XXXVII. 1990.11; XXII. 2000. 28; I.2025.20.
(2)Mortgages shall be recorded by the registrar in the order in time in which they are produced to him for that purpose, and the registrar shall by memorandum under his hand notify on each mortgage that it has been recorded by him, stating the day and hour of that record.
(3)Where it is stated in the mortgage instrument that it is prohibited to create further mortgages over a vessel without the prior written consent of the mortgagee, the registrar shall make a note in the register to such effect, and the registrar shall not record such further mortgage unless the consent in writing of the holder of a prior mortgage is produced to him, and any mortgage registered in violation of this provision shall be null and void: Provided that where such further mortgage is executed in favour of an existing mortgagee, no such consent shall be required from such mortgagee.
(4)When it is stated in the mortgage instrument that it is proh ibit ed to effect the transfer of t he ship which is being mortgaged, or of a share therein, without the previous written consent of the mortgagee, the registrar shall make a note in the register to such effect, and the registrar, notwithstanding any other provision of this Act, shall not record any transfer of such ship or of a share therein unless the consent in writing of such mortgagee is produced to him, saving where the transfer is made pursuant to a court order in a sale by auction of such a ship or pursuant to any other court order, and any transfer registered in violation of this provision shall be null and void. MERCHANT SHIPPING Validity of a mortgage or assignment of a mortgage. Added by: I.2025.
  1. 39A. The mortgage or assignment of a mortgage of a Malta registered ship shall not be valid in respect of such ship, against any person other than the mortgagor, his successors and, or assignees and persons having actual notice thereof until the instrument evidencing such transaction is registered in accordance with article
  2. Correction of errors. Added by: I.2025.
  3. 39B. A party to a mortgage registered in accordance with this Act, with the consent of the other party or parties, may within seven days of the registration correct any error on the document. Preservation of special privileges on accessories of ship.  Amended by:  XXIV. 1986.9. Substituted by: XXXVII. 1988.
  4. 40.
(1)Upon the registration of any mortgage in the register the rights of any mortgagee shall not be affected by: (
  1. a)the creation of any separate privilege or charge on any part, appurtenance or accessory of a ship which may attach in virtue of any law; or (
  2. b)the reservation of ownership rights by a seller of any part, appurtenance or accessory sold to a shipowner under a contract of sale, hire purchase or any similar contract: Provided that provisions, fuel and other consumable goods shall not be considered as appurtenances: Provided further that the provision of this article shall in no way prejudice or reduce the rights of any creditor enjoying a privilege or reserving ownership rights in relation to any creditor other than the mortgagee.
(2)At any time prior to the registration of a mortgage over a ship any creditor having a separate privilege or charge over any part, appurtenance or accessory of a ship may register such privilege or charge in the register of the ship by means of an instrument executed by the owner in the presence of a witness in the form specified by the Minister; and on the production of such instrument the registrar shall by memorandum under his hand notify on each charge that it has been recorded by him stating the day and hour of that record.
(3)A seller reserving ownership rights in any part, appurtenance or accessory of a ship may also register his interest in the register of the ship at any time prior to the registration of a mortgage.
(4)The registration of such a charge or reservation of ownership rights prior to the registration of a mortgage shall preserve the creditor ’s rights on that part, appurtenance or accessory in relation to any subsequent mortgagee.
(5)A privilege or reservation of ownership rights registered over a ship under sub-article
(2)shall be cancelled upon production by the owner of a receipt for the price and other charges relative to the transfer of such part, appurtenance or accessory, and the registrar, upon production of such receipt duly signed and attested to his satisfaction, shall make an entry in the register to the effect that the privilege or reservation of ownership rights have been cancelled. MERCHANT SHIPPING
(6)The transfer of the interest of any creditor enjoying a privilege or reservation of ownership rights registered in terms of this article may on the production of proof to the satisfaction of the registrar be recorded by the registrar who shall enter in the register the name of the transferee and shall by memorandum under his hand notify on the instrument of transfer that it has been recorded by him.
  1. If there are more mortgages than one registered in respect of the same ship or share, the mortgagees shall, notwithstanding any express, implied or constructive notice, be entitled in priority, one over the other, according to the date and the time at which each mortgage is recorded in the register. Priority of mortgages. Amended by: XXXVII. 1988.4; 23; XXII.
  2. 29; XV. 2009.
  3. 42.
(1)Notwithstanding the provisions of article 256
(2)of the Code of Organisation and Civil Procedure, in the event of default of any term or condition of a registered mortgage or of any document or agreement referred to therein, the mortgagee shall, upon giving notice in writing to the mortgagor - Rights of mortgagee. Amended by: XXIV. 1986.10; XXXVII. 1988.24; XXII. 2000. 30; VIII. 2010.61; I.2025.23. (
  1. a)be entitled to take possession of the ship or share therein in respect of which he is registered; but except so far as may be necessary for making a mortgaged ship or share available as a security for the mortgage debt, the mortgagee shall not by reason of the mortgage be deemed to be the owner of the ship or share, nor shall the mortgagor be deemed to have ceased to be the owner thereof: Provided that any mortgagee may, by means of an application, seek the assistance of the Courts in the exercise of this right. The Court shall give all the orders and directions, as may be deemed necessary, to immediately and as expeditiously as possible grant such assistance to the mortgagee; (
  2. b)have power absolutely to sell the ship or share in respect of which he is registered; but where there are more persons than one registered as mortgagees of the same ship or share, a subsequent mortgagee shall not, except under the order of a court of competent jurisdiction, sell the ship or share without the concurrence of every prior mortgagee; and if the proceeds of sale, after discharging the mortgage debt, show a surplus in his hands, the mortgagee shall deposit the same for the benefit of other creditors and of the mortgagor; (
  3. c)have power to apply for any extensions, pay fees, receive certificates, and generally do all such things in the name of the owner as may be required in order to maintain the status and validity of the registration of the ship.
(2)A registered mortgage shall be deemed to be an executive title for the purposes of article 253 of the Code of Organization and Civil Procedure:  MERCHANT SHIPPING (
  1. a)where the obligation it secures is a debt certain liquidated and due and not consisting in the performance of an act; or (
  2. b)where a maximum sum secured thereby is expressly stated in the instrument creating the security and such figure is recorded in the register for public notice.
(3)The provisions of this article shall apply to all registered mortgages which secure debts resulting from any account current or overdraft or other credit facility.
(4)In connection with the enforcement of any mortgage, not being a mortgage contemplated in sub-article
(2), for the purpose of determining the amount certain liquidated and due or the actual sum due when the mortgage secures a future debt within an expressly stated maximum, in connection with any judicial sale of a ship, the mortgagee shall specify the sum due at the time of enforcement by means of an affidavit served on the mortgagor: Provided that this shall be without prejudice to the right of any interested party to contest such amount according to law.
(5)For the purpose of the proceedings referred to in this article the debtor shall be deemed to be duly served if the application or other act is served on the master of the vessel, or if he is absent from these Islands, on the local agent appointed for the vessel by the owners or their agent, or in the absence of such local agent on a curator appointed by the court to represent the debtor and the ship. Mortgage not affected by bankruptcy. 43. Repealed by article 25 of Act XXXVII of 1988. Transfer of mortgages. Amended by: XXXVII. 1988.4; XXII. 2000. 31. 44.
(1)A registered mortgage of a ship or share may be transferred to any person by an instrument of transfer executed by the transferor in the presence of, and attested by, a witness or witnesses; and on the production of such instrument for registration the registrar shall record it by entering in the register the name of the transferee as mortgagee of the ship or share, and shall by memorandum under his hand notify on the instrument of transfer that it has been recorded by him, stating the day and hour of the record.
(2)For the purposes of article 1471 of the Civil Code, registration of the instrument of transfer of a registered mortgage of a ship or share made by the registrar in the register of that ship in terms of the provisions of this article shall be deemed to constitute due notice of the assignment of such mortgage to the mortgagor. Assignment of part of a debt or other obligation. Added by: XXII. 2000. 32. 44A.
(1)It shall be lawful for the assignee of part of a debt or other obligation secured by a registered mortgage of a ship or share to demand that the assignment be entered in the registry of the particular ship for the part so assigned and the registrar shall, upon the production to him of the relative instrument of transfer together with the mortgage to which it relates, forthwith proceed to record such partial assignment by entering in the register the name of the assignee as co-mortgagee of the ship or share, and shall by memorandum under his hand notify on the mortgage that such MERCHANT SHIPPING assignment has been recorded by him, stating the day and hour of the record.
(2)The provisions of article 44
(2)shall be applicable mutatis mutandis to the assignments contemplated in sub-article
(1). 45.
(1)Where the interest of the mortgagee in a ship or share is transm itted by death, th e person t o who m t he interest is transm itted shall make an d sign a declarat ion contain ing a statement of the manner in which and the person to whom the property has been transmitted and such declaration shall be accompanied by the like evidence as is by this Act required in case of a corresponding transmission of the ownership of a ship or share. Transmission of interest of mortgagee by death.  Amended by: XXXVII. 1988.4.
(2)On the receipt of the declaration and the production of the evidence aforesaid, the registrar shall enter the name of the person entitled upon the transmission in the register as mortgagee of the ship or share. 45A.
(1)Where a registered mortgage is amended the registrar shall on the production of the instrument of mortgage executed in accordance with the provisions of article 38 containing the amendment, together with the written consent on the said instrument, of the mortgagee whose mortgage has been amended, make a note thereof in the register to the effect that the mortgage has been amended, and any such amendment shall form an integral part of the registered mortgage which it amends and such mortgage, as amended, shall continue to have the same priority as it had before the amendment was noted.
(2)Subject to the provisions of this article, an amendment of a mortgage may be effected for any purpose.
(3)Without prejudice to the generality of the foregoing, and subject always to the provisions of sub-articles
(4),
(5)and
(6), an amendment of a mortgage shall be effected for any one or more of the following purposes: (
  1. a)to increase the amount of capital secured by such mortgage. An agreement to amend and vary the rates of interest payable, the modalities for the calculation of interest including any indices, margin, or market mechanism, the repayment schedule or the currency in which payment is to be made is not considered as an increase for the purposes of this article; and (
  2. b)to extend such mortgage to secure any other obligation of the mortgagor, whether as principal debtor or as surety for any other person, in favour of the mortgagee, except where the new obligation qualifies as a future obligation of the mortgagor to the mortgagee secured by the mortgage being within a maximum sum by way of principal stated in the relative mortgage instrument.
(4)An amendment of a mortgage may not be effected after the obligation secured by the registered mortgage has been satisfied. Amendment of mortgage.  Added by:  XXIV. 1986.11. Amended by: XXXVII.1988.26; XXII. 2000. 33; VIII. 2010.61. MERCHANT SHIPPING
(5)Where any mortgages other than the mortgage that it is intended to amend are entered in the register of the ship an amendment shall not be noted unless the consent in writing of all the other mortgagees whose interests may be prejudiced by the amendment, is produced to the registrar.
(6)The consent to an amendment to a mortgage shall be signified by means of a declaration executed by the mortgagee in the presence of, and attested by a witness or witnesses. Amendment of registered mortgage details. Added by: I.2025.
  1. 45B. The registered details relating to a mortgage in the event of a change in the name or address of the mortgagor or of the mortgagee may be amended. The amendment shall be affected by the registrar in the registry of the ship concerned upon receipt of a request from the mortgagee together with evidence in support of the required changes. Entry of discharge of mortgage. Amended by: XXXVII. 1988.
  3. Where a registered mortgage is discharged the registrar shall, on the production of the mortgage deed, with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the register to the effect that the mortgage has been discharged. Transfers and mortgages not to have effect unless registered.
  4. A transfer or mortgage of a registered ship or share therein, and a transfer of a registered mortgage, shall have no effect in regard to the ship or share or against any person other than the transferor or the mortgagor, or their heirs, unless the transfer or mortgage has been registered under and in accordance with this Act. Loss of original mortgage deed. Substituted by: XXXVII. 1988.
  5. 48.
(1)In case of loss of any registered mortgage instrument the registrar shall, at the request of the mortgagee alone, or together with the mortgagor, reconstitute the original mortgage and certify t his i nstru ment as a r econsti tuted origi nal o f t he m ortgage instrument. The registrar shall only accede to such a request upon t he p ro du c t io n by t he p a r ty m a k in g th e re q u e s t of a s w or n declaration to the effect that the original has been lost.
(2)In such a case the registrar shall make a note in the register that a reconstituted mortgage instrument has been issued, reciting at whose request such a reconstituted mortgage has been issued.
(3)In case of loss of any original mortgage instrument, the registrar may enter any transfer or discharge of mortgage if the mortgagee produces a sworn declaration that he is the holder of the mortgage, the instrument of which has been lost, and that he is discharging or transferring the said security in virtue of the sworn declaration.
(4)In such a case the registrar shall, on production of the said sworn declaration, treat such declaration as the mortgage instrument and shall follow the procedure specified in this Act for the transfer or discharge of mortgage; the registrar shall make a note in the register that the transfer or discharge of mortgage has taken place in virtue of a sworn declaration. MERCHANT SHIPPING
  1. A foreign mortgage shall be recognised as a mortgage with the status and all the rights and powers specified in this Act, notwithstanding the fact that it is not entered over a registered ship if: Recognition of foreign mortgages. Substituted by: XXXVII. 1988.
  2. (a) such mortgage has been validly recorded in the registry of ships of the country under whose laws the ship is documented; (b) such registry is a public registry; (c) such mortgage appears upon a search of the registry and (d) such mortgage is granted a preferential and generally equivalent status as a mortgage under this Act under the laws of the country where the mortgage is registered. 49A.
(1)A mortgage may be registered over a ship that is under construction and any such mortgage shall operate in all respects as a mortgage in accordance with this Act and unless otherwise provided in this article, the provisions on mortgages shall apply mutatis mutandis. Registration of mortgages over ships under construction. Added by: I.2025.25.
(2)Prior to the registration of a mortgage over a ship under construction, the owner shall be required by the registrar to provide him with a declaration of ownership confirming his ownership of the ship under construction: Provided that the Registrar may require documentary proof of ownership.
(3)In cases where the ownership of the ship under construction vests in more than one owner, the declaration of ownership shall be drawn up jointly by the owners: Provided that the owners shall have the option to jointly indicate their respective proportions of shares in the ship under construction. Whenever there is a change in the proportions of shares in the ship, the owners may jointly declare their new respective proportion of shares.
(4)A declaration of ownership made in regard to a ship under construction shall not be limited to the said ship at the stage of construction that the ship is in at the time the declaration is made but shall also extend to the stages of construction or equipping of the ship that follow, and article 566 of the Civil Code shall apply thereto.      
(5)A mortgage registered over a ship that is under construction shall not be limited to the ship at the stage of construction that the ship is in at the time the mortgage is registered but shall extend and attach to the stages of construction that follow, and article 566 of the Civil Code shall apply thereto.     
(6)For the purposes of this article: MERCHANT SHIPPING "ship under construction" means a ship which is in the process of being built. Finance charter instrument. Added by: I.2025.26. 49B.
(1)The rights arising in favour of the lessor of a ship in a finance charter may be secured through the registration in that ship’s register of a finance charter instrument executed by the finance charterer in favour of the lessor who shall acknowledge same in writing, in the presence of, and attested by a witness or witnesses.
(2)On the production of a finance charter instrument for registration, the registrar shall record it in the register of the ship concerned.
(3)A finance charter instrument may be drawn up to secure the performance of any obligation of the finance charterer in favour of the lessor under and in terms of a finance charter, including the payment of hire, a principal sum and interest, an account current, as well as the performance of any other obligation.
(4)The consent in writing of any registered mortgagee shall be required for the registration of a finance charter instrument.
(5)The registration of any finance charter instrument shall not affect any mortgage registered over that ship or share therein irrespective of whether such mortgage registration is affected prior or after the registration of a finance charter instrument and any rights of the mortgagee shall in no way be prejudiced by the registration of a finance charter instrument: Provided that the registration of any finance charter instrument shall be without prejudice to the provisions of article 37C.
(6)The registration of a finance charter instrument over a ship shall not prohibit the registration, amendment or discharge of any mortgage over that ship.
(7)The transfer of the ship or any share therein referred to in the finance charter instrument shall not be prohibited and the registrar shall record any such transfer provided that in such instances the lessor shall either discharge the finance charter instrument prior to the transfer of the ship or transfer the finance charter instrument to the transferee together with the ship.
(8)A registered finance charter instrument shall be considered as a charge over a ship which shall be enforceable erga omnes: Provided that for the purposes of article 54A, the debt secured by a finance charter instrument shall rank after any debt secured by a mortgage registered under the provisions of this Act or secured by a foreign mortgage recognised in accordance with this Act and after the debts specified in article 54 and in article 50 (c), (d), (e), (f), (g), (h), (i), MERCHANT SHIPPING (
  1. j)and (
  2. k)but before the debts specified in article 50(l), (m), (n), (
  3. o)and (
  4. p)and in preference to other hypothecary and privileged claims: Provided further that the rights awarded to the lessor under this sub-article shall be limited to the ship indicated in the finance charter instrument and shall not apply to any debts, obligations, actions and claims relating to the ship which arose prior to the registration of the finance charter instrument.
(9)In the event of default of any term or condition of a registered finance charter instrument or of any document or agreement referred to therein, the lessor shall, upon giving notice in writing to the finance charterer, be entitled to take possession of the ship in respect of which the finance charter instrument is registered.
(10)For the purposes of any judicial proceedings instituted by the lessor in connection with a finance charter, the respondent shall be deemed to be duly served if the application or other act is served on the master of the ship, or if he is absent from Malta, on the local agent appointed for the ship, or in the absence of such local agent on curators appointed by the court to represent the finance charterer and the ship.
(11)The provisions of articles 38
(4), 38
(7), 44, 44A, 45, 46, 47 and 48 of this Act shall mutatis mutandis apply in respect of a finance charter instrument.
(12)This article shall be without prejudice to the provisions contained in articles 19A and 19B: Provided that it shall be permissible for a finance charter instrument to be registered over a ship notwithstanding that the said provisions are not availed of.
(13)For the purposes of this article: (
  1. a)the term "finance charter" shall refer to the chartering or lease of a ship under terms where the possession, operation or control of that ship is given to a bareboat charterer or to a lessee including through a demise or bareboat charter or a similar agreement, the principal purpose and intention of which is to finance the acquisition, operation, administration or management of that ship; (
  2. b)the term "finance charter instrument" shall refer to the registration of a finance charter as provided for in this article; (
  3. c)the term "finance charterer" shall refer to the person identified as the bareboat charterer or the lessee in the finance charter; (
  4. d)the term "lessor" shall refer to the owner of a ship MERCHANT SHIPPING which is the subject of or is otherwise addressed in a finance charter. Amendment of a finance charter instrument.  Added by: I.2025.27. 49C.
(1)Where a registered finance charter instrument is amended, the registrar shall on the production of the instrument of the finance charter executed in accordance with the provisions of article 49 B con taining such amendm ent, t ogether wit h the writt en acknowledgment by the lessor on the said instrument make a note thereof in the register to the effect that the finance charter instrument has been amended, and any such amendment shall form an integral part of the registered finance charter instrument and such finance charter instrument, as amended, shall continue to have the same priority as it had before the amendment was noted.
(2)Subject to the provisions of this article, an amendment of a finance charter instrument may be effected for any purpose.
(3)Without prejudice to the generality of the foregoing, and subject to the provisions of sub-articles
(4)and
(5), an amendment of a finance charter instrument shall be effected for any one or more of the following purposes: (
  1. a)to increase the amount of capital secured by such finance charter instrument. An agreement to amend and vary the rates of interest payable, the modalities for the calculation of interest including any indices, margin, or market mechanism, the repayment schedule or the currency in which payment is to be made is not considered as an increase for the purposes of this article; and (
  2. b)to extend such finance charter instrument to secure any other obligation of the finance charterer in favour of the lessor under and in accordance with the terms of a finance charter.
(4)An amendment of a finance charter instrument may not be effected after the obligation secured by the registered finance charter instrument has been satisfied.
(5)The acknowledgment to an amendment to a finance charter instrument shall be signified by means of a declaration executed by the lessor in the presence of and attested by a witness. Special privileges Special privileges on ships. Substituted by: XXXVII. 1988.27. Amended by: XXII. 2000. 2, 34; I.2025.28. 50. The debts hereunder specified are secured by a special privilege upon the vessel, as well as any proceeds from any indemnity arising from collisions and other mishaps as well as any insurance proceeds: (
  1. a)judicial costs incurred in respect of the sale of the ship MERCHANT SHIPPING and the distribution of the proceeds thereof; (
  2. b)fees and other charges due to the registrar of Maltese ships arising under this Act; (
  3. c)tonnage dues including anchorage and berthing dues; (
  4. d)wages and expenses for assistance, recovery of salvage, and for pilotage; (
  5. e)the wages of watchmen, and the expenses of watching the ship from the time of her entry into port up to the time of sale; (
  6. f)rent of the warehouses in which the ship’s tackle and apparel are stored; (
  7. g)the expenses incurred for the preservation of the ship and of her tackle including supplies and provisions to her crew incurred after her last entry into port; (
  8. h)wages and other sums due to the master, officers and other members of the vessel’s complement in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf; (
  9. i)damages and interest due to any seaman for death or personal injury and expenses attendant on the illness, hurt or injury of any seaman; (
  10. j)moneys due to creditors for labour, work and repairs previously to the departure of the ship on her last voyage: Provided that such privilege shall not be competent where the debt has not been contracted directly by the owner of the ship, or by the bareboat charterer or by the master, or by an authorised agent of the owner or of the bareboat charterer; (
  11. k)ship agency fees due for the ship after her last entry into port, in accordance with port tariffs, and any disbursements incurred during such period not enjoying a privilege in paragraphs (
  12. a)to (i), though in any case for a sum in the aggregate not in excess of four thousand units; (
  13. l)moneys lent to the master for the necessary expenses of the vessel during her last voyage, and the reimbursement of the price of goods sold by him for the same purpose; (
  14. m)moneys due to creditors for provisions, victuals, outfit and apparel, previously to the departure of the ship on her last voyage: Provided that such privilege shall not be competent where the debt has not been contracted directly by the owner of the ship, or by the bareboat charterer or by the master, or by an authorised agent of the owner or of the bareboat charterer; MERCHANT SHIPPING (
  15. n)damages and interest due to the freighters for nondelivery of the goods shipped, and for injuries sustained by such goods through the fault of the master or the crew; (
  16. o)damages and interest due to another vessel or to her cargo in cases of collision of vessels; (
  17. p)the debt specified in article 2009(
  18. d)of the Civil Code for the balance of the price from the sale of a ship. Debts contracted in different ports. Substituted by: XXXVII. 1988.27. 51. Where debts of a nature similar to the ones mentioned in paragraphs (
  19. a)to (p), both inclusive, of article 50 shall have been contracted in different ports, or on the occasion of several forced returns to the same port, the priority established by the said article shall be observed with regard to the several debts contracted on the occasion of each arrival or return, but the debts contracted on the occasion of a subsequent arrival or return shall have preference over those contracted on the occasion of a former arrival or return. Privileges of seller to be registered. Substituted by: XXXVII.1988.27.  Amended by: XXII. 2000. 35; I.2025.29. 52.
(1)The privilege granted to the seller for the price of the thing sold under the provisions of article 2009 (d) of the Civil Code is not effectual in regard to vessels, unless the claim for such price be registered, in the case of ships registered under Part II of this Act, in the register of the said ship, within two days from the date of the sale. Such privilege is registered by delivery to the registrar on the prescribed form duly completed and signed by the seller.
(2)A privilege shall only be effectual with regard to any other vessel if the claim is duly registered in a public registry in the country to which the vessel belongs and in accordance with the laws of that country.
(3)The same rule shall apply with regard to the right of recovering the thing sold, as provided in the said Code.
(4)Such privilege shall be extinguished upon payment of the price and relative charges, and upon production of a receipt issued by the seller, attested by a witness, the registrar or the Director of Public Registry, as the case may be, shall make a note in the register notifying the discharge thereof.
(5)The provisions of articles 44, 45, 45A and 48 shall mutatis mutandis apply in respect of the aforementioned privilege and right of recovery of the seller with regard to ships registered under Part II of this Act. Seller bound to make debts known to buyer. Substituted by: XXXVII. 1988.27. 53.
(1)The seller of a vessel is bound to inform the purchaser of all privileged debts, and to furnish him with a list thereof duly signed by himself.
(2)If the aforesaid list is not given to the purchaser, or if, in the list given to him, any of the aforesaid debts is omitted, he may, in the event of his sustaining any damage therefrom, exercise such rights as are competent to him against the seller, with all such means as the law provides against debtors committing fraud in contracting debts. MERCHANT SHIPPING 54.
(1)Any ship repairer, shipbuilder or other creditor into whose care and authority a ship has been placed for the execution of works or other purposes shall have a possessory lien over the ship.
(2)A possessory lien shall entitle the creditor to retain possession over the ship on which he has worked or carried out activity until such creditor is paid the debts due to him for such building, repairs or activity. Possessory lien or privilege. Substituted by: XXXVII. 1988.27. Amended by: XXIV.1995.362; XXII. 2000. 36.
(3)A possessory lien shall be extinguished by the voluntary release of the ship from the custody of the creditor.
(4)A possessory lien shall not be extinguished if the vessel is released pursuant to a court order or following a judicial sale of the vessel. In the latter case the creditor shall enjoy the priority specified in article 54A over the proceeds of sale of the ship.
(5)The creditor shall be obliged to release the ship if he is paid the sum claimed, or adequate security is deposited in the Civil Court, First Hall, under the provisions of the Code of Organization and Civil Procedure:   Provided that the creditor shall enjoy the same priority over such sum.
(6)For the purposes of this article, the creditor upon a demand by judicial letter served upon him by any person interested in the ship, shall be obliged to declare the amount of his claim by judicial act to be filed within a period of two days from the date of notification to him of the aforesaid demand failing which he shall be obliged to release the ship forthwith. 54A.
(1)The debts specified in article 50 shall rank in the order therein set out and in preference to other hypothecary and privileged claims, notwithstanding that the ship is still in the possession of the debtor, and the debts specified in article 50(a) and (b) shall under all circumstances rank in preference to any claim.
(2)Any debt secured by a possessory lien or privilege over a ship as stated in article 54, shall be paid in preference to all other claims except the debts specified in article 50(c), (d), (e), (f), (g), (h), (i), and (j) if such debts were created prior to the debt of the creditor enjoying the possessory lien.
(3)Any debt secured by a mortgage registered under the provisions of this Act or secured by a foreign mortgage recognised under this Act shall rank after the debts specified in article 54 and in article 50(c), (d), (e), (f), (g), (h), (i), (j) and (k) but before the debts specified in article 50(l), (m), (n), (o) and (p) and in preference to other hypothecary and privileged claims.
(4)Where the fund is insufficient, competing creditors under the same heading shall share in such fund ratably. Ranking of creditors.  Added by: XXXVII.1988.27. Amended by: XXII. 2000. 37. MERCHANT SHIPPING Name of ship Ships’ names. Amended by: XXXVII.1988.28; I.2025.30. 55.
(1)The Minister may make regulations enabling him to refuse the registry of any ship by the name by which it is proposed to register that ship if it is already the name of a registered Maltese ship or a name so similar as to be calculated to deceive, and may by those regulations require notice to be given in such manner as may be directed by the regulations before the name of the ship is marked on the ship, or before the name of the ship is entered in the register.
(2)If the registry of a ship by the name by which it is proposed to register that ship is refused by the Registrar-General, or if any requirements of the regulations are not complied with in the case of any ship which it is proposed to register, that ship shall not be registered under the name proposed, or until the regulations are complied with, as the case may be.
(3)The owner of a ship intending to register a ship under this Act, may, on payment of such fee as may be prescribed and on application to the registrar, reserve the proposed name of the ship for a maximum period of twelve months.
(4)The application referred to in sub-article
(3)may be made together with the application for registry of a ship, or with the application for permission to change the name of a ship, or by any other writing provided that the ship for which the reservation is being made is adequately identified. Rules as to name of ship.  Amended by:  XIII. 1983.5; XXXVII.1988.4; 29; XXII. 2000. 2, 38; I.2025.31. 56.
(1)A ship shall not be described by any name other than that by which it is for the time being registered.
(2)A change shall not be made in the name of a ship without the previous written permission of the Registrar-General.
(3)Application for that permission shall be in writing and if t h e R e g i s t r a r- G e n e r a l i s o f o p i n i o n t h a t t h e a p p l i c a t i o n i s reasonable he may entertain it and thereupon require notice thereof to be published or otherwise publicised, in such form and manner as he thinks fit.
(4)On permission being granted to change the name, the ship’s name shall forthwith be altered in the register, in the ship’s certificate of registry, in any other certificate issued by the registrar bearing the name of the ship and on her bows and stern and the Registrar-General shall forthwith proceed to notify in writing any registered mortgagee of the alteration in the register.
(5)If it is shown to the satisfaction of the Registrar-General that the name of a ship has been changed without his permission, he shall direct that her name be altered into that which she bore before the change and the name shall be altered in the register, in the ship’s certificate of registry, in any other certificate issued by the registrar bearing the name of the ship and on her bows and stern accordingly.
(6)Where a ship having once been registered under this Act ceases to be so registered, no person unless ignorant of the previous registry (proof whereof shall lie on him) shall apply to register, and MERCHANT SHIPPING no registrar shall knowingly register, the ship except by the name by which she was previously registered unless with the previous written permission of the Registrar-General.
(7)Where a ship has not at any previous time been registered under this Act, no person shall apply to register, and no registrar shall knowingly register, the ship except by the name which she bore immediately before the application for registry unless with the previous written permission of the Registrar-General.
(8)If any person acts, or suffers any person under his control to act, in contravention of this article, or omits to do, or suffers any person under his control to omit to do, anything required by this article, he shall for each offence be liable to a fine (multa) not exceeding one hundred units, and (except in the case of an application for registry made with respect to a ship which has not previously been registered under this Act) the ship may be detained until this article is complied with. Registry of alterations, Registry anew and Transfer of registry 57.
(1)Where a registered ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register, an application accompanied b y a c e r t i f i c a t e f r o m t h e p r o p e r s u r v e y o r, r e q u e s t i n g t h e registration of the alteration shall be made to the registrar who shall, on receipt thereof accompanied as aforesaid, either cause the alteration to be registered or direct that the ship be registered anew. Registry of alterations. Amended by:  XIII. 1983.5; XXXVII. 1988.30; XXII. 2000.2.
(2)If default is made in making an application as required by this article, or in registering anew a ship if so directed as aforesaid, the owner of the ship shall be liable to a fine (multa) not exceeding one hundred units and, in addition to a fine (multa) not exceeding five units for every day during which the offence continues after conviction.
  1. For the purposes of the registry of an alteration in a ship, the registrar shall enter the particulars of the alteration in the register and shall issue a new certificate of registry.
  2. Repealed by article 32 of Act XXXVII of
  3. Regulations for registry of alterations. Amended by: XXXVII.1988.31. Substituted by: I.2025.
  4. Provisional certificate or endorsement where ship is to be registered anew.
  5. Where the ownership of any ship is changed the registrar may, on the application of the owner of the ship, register the ship anew, although registration anew is not required under this Act. Registry anew on change of ownership. Amended by: XXXVII. 1988.
  6. 61.
(1)Where a ship is to be registered anew, the registrar shall proceed as in the case of first registry, and on the other requisites to registry, or in the case of a change of ownership such of them as he thinks material, having been duly complied with, he Procedure for registry anew. Amended by: I.2025.33. MERCHANT SHIPPING shall make such registry anew and grant a certificate thereof.
(2)When a ship is registered anew, her former register shall be considered as closed except so far as relates to any unsatisfied mortgages or existing certificates of mortgage or sale entered therein, but the names of all persons appearing on the former register to be interested in the ship as owners or mortgagees shall be entered in the new register, and the registry anew shall not in any way affect the rights of any of those persons. Transfer of registry. Restriction on reregistration of abandoned ships.
  1. Repealed by article 32 of Act XXXVII of
  3. Where a ship has ceased to be registered as a Maltese ship by reason of having been wrecked or abandoned or for any reason other than capture by the enemy or transfer to a person not qualified to own a Maltese ship, the ship shall not be re-registered until she has, at the expense of the applicant for registration, been surveyed by a surveyor of ships and certified by him to be seaworthy. Declarations Power of registrar to dispense with declarations and other evidence. Amended by: XXXVII. 1990.
  4. 64.
(1)Where under Part II and Part IIA of this Act any person is required to make a declaration on behalf of himself or of any body corporate, or any evidence is required to be produced to a registrar, and it is shown to the satisfaction of the registrar that from any reasonable cause that person is unable to make that declaration, or that the evidence cannot be produced, the registrar may, with the approval of the Registrar-General and on the production of such other evidence and subject to such terms as the Registrar-General may think fit, dispense with the declaration or evidence.
(2)Nothing in this article shall be construed as requiring the dispensation of the registrar or the approval of the RegistrarGeneral for the making of any declaration, or the doing of anything required or permitted by this Act to be made or done, by the person having the legal representation of a person interested in a ship or share therein and who is incapable of making that declaration or doing that thing by reason of minority, insanity or other cause; all acts lawfully so done shall be as effectual as if done by the person whom he represents. Mode of making declarations. Amended by: XXXVII. 1990.13; I.2025.34. 65.
(1)Declarations required by Part II and Part IIA of this Act shall be made before a registrar or a commissioner for oaths or a Maltese consular officer.
(2)Declarations required by Part II and Part IIA of this Act may be made on behalf of a body corporate by the secretary or by a duly authorised representative: Provided that the registrar may accept electronic declarations that are signed in an electronically secure manner. MERCHANT SHIPPING Returns, Inspection of register and Evidence
  1. Repealed by article 32 of Act XXXVII of
  2. Returns to be made by registrars.
  3. Saving any other provisions of this Act, a person may, on payment of such fee as may be prescribed, inspect any register by providing the name of the ship and obtain a transcript or extract of the register. Inspection of register and transcript and extract of register. Substituted by: XXXVII. 1988.33; I.2025.
  4. 68.
(1)The following documents shall be admissible in evidence without the necessity of any proof of their authenticity other than that which appears on the face of them and shall, until the contrary is proved, be evidence of their contents: Evidence of register and other documents. Amended by: XXXVII. 1988.4: XXXVII. 1990.13. (
  1. a)any register under Part II and Part IIA of this Act on its production from the custody of the registrar or other person having the lawful custody thereof; (
  2. b)a certificate of registry under Part II and Part IIA of this Act purporting to be signed by the registrar or other proper officer; (
  3. c)an endorsement on a certificate of registry purporting to be signed by the registrar or other proper officer.
(2)A copy of any document aforesaid or an extract therefrom shall also be so admissible in evidence if it purports to be signed and certified as a true copy or extract by the

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.