and certified as a true copy or extract by the officer having the lawful custody thereof.
\n
Forms
\n
Art. 69
\n
69.Deleted by Act I.2025.36.
\n
Forms of documents.
\n
Amended by:
\n
XXXVII. 1988.4.
\n
Forgery and false declarations
\n
Art. 70
\n
70.If any person forges or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered, any of the following documents, namely, any register, builder’s certificate, surveyor’s certificate, certificate of registry, declaration, bill of sale, instrument of mortgage, or certificate of mortgage or sale or any other certificate issued by the registrar under Part II and Part IIA of this Act, or any entry or endorsement required by Part II and Part IIA of this Act to be made in or on any of those documents, that person shall, in respect of each offence, be liable to imprisonment for a period of not less than two years and not exceeding five years.
\n
Forgery of documents.
\n
Amended by:
\n
XXXVII. 1988.4;
\n
XXXVII. 1990.13; I.2025.37.
\n
Art. 71
\n
71.If any person, in the case of any declaration made in the presence of or produced to a registrar under this Part of this Act, or in any document or other evidence produced to such registrar- False declarations.
\n
Amended by: XIII. 1983.5;
\n
XXXVII.1988.34; XXII. 2000.2. (a) wilfully makes, or assists in making, or procures to be made, any false statement concerning the title to or MERCHANT SHIPPING ownership of any registered encumbrance or mortgage existing on, or the interest existing in, any ship or share therein; or (b) utters, produces or makes use of any declaration or document containing any such false statement knowing the same to be false, he shall, in respect of each offence, be liable to imprisonment for a period not exceeding two years or to a fine (multa) not exceeding five hundred units or to both such imprisonment and fine.
\n
Flag and National character National colours for Maltese ships.
\n
Amended by:
\n
XIII.1983.5; XXII. 2000.2.
\n
Art. 72
\n
72.(1) The flag as set out in the Third Schedule to this Act, without any defacement or modification whatsoever, is hereby declared to be the proper national colours for all Maltese ships.
\n
Penalty on ship not showing colours. Amended by: XIII.1983.5; XXII. 2000.2.
\n
Art. 73
\n
73.(1) A registered ship shall hoist the Maltese flag on entering or leaving any foreign port and, if of fifty tons gross tonnage or upwards, on entering or leaving any port in Malta.
\n
National character to be declared before clearance.
\n
Art. 74
\n
74.(1) No clearance shall be granted for any ship until the master of such ship has declared to the officer from whom the clearance is required the name of the nation to which he claims that she belongs, and that officer shall thereupon inscribe that name on the clearance.
\n
(2)If any distinctive national colours, except the Maltese flag, are hoisted on board any Maltese ship, the master of the ship, or the owner thereof if on board the same, and every other person hoisting the colours, shall, for each offence, be liable to a fine (multa) not exceeding five hundred units.
\n
(2)If default is made on board any such ship in complying with this article, the master of the ship shall, for each offence, be liable to a fine (multa) not exceeding one hundred units.
\n
(2)If the ship attempts to proceed to sea without such clearance she may be detained until the declaration is made.
\n
Penalty for unduly assuming Maltese character.
\n
Art. 75
\n
75.If a person uses the Maltese flag and assumes the Maltese national character on board a ship which is not a Maltese ship for the purpose of making a ship appear to be a Maltese ship, the ship shall be subject to forfeiture under this Act, unless the assumption has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right.
\n
Penalty for concealment of Maltese or assumption of foreign character.
\n
Amended by: XIII. 1983.5; XXII. 2000.2.
\n
Art. 76
\n
76.If the master or owner of a Maltese ship does anything or permits anything to be done, or carries or permits to be carried papers or documents, with intent to conceal the Maltese character of the ship from any person entitled by the law of Malta to inquire into the same, or with intent to assume a foreign character, or with intent to deceive any person so entitled as aforesaid, the ship shall be subject to forfeiture under this Act; and the master, if he commits or is privy to the commission of the offence, shall in MERCHANT SHIPPING respect of each offence be liable to imprisonment for a period not exceeding two years or to a fine (multa) not exceeding five hundred units or to both such imprisonment and fine.
\n
Forfeiture of ship
\n
Art. 77
\n
77.(1) Where any ship has either wholly or as to any share therein become subject to forfeiture under this Act, any officer authorised in that behalf by the Minister and any Maltese consular officer may seize and detain the ship and may bring her for adjudication before the Civil Court, First Hall, in Malta, and the court may thereupon adjudge the ship with her tackle, apparel and furniture to be forfeited to the Government of Malta and make such order in the case as to the court seems just.
\n
Proceedings on forfeiture of ship Amended by: XXIV.1995.362.
\n
(2)Any such officer as in this article mentioned shall not be responsible either civilly or criminally to any person whomsoever in respect of any seizure or detention as aforesaid, notwithstanding that the ship has not been brought in for adjudication or, if so brought in, is declared not to be liable to forfeiture, if it is shown that there were reasonable grounds for such seizure or detention.
\n
Art. 78
\n
Repealed by article 35 of Act XXXVII of 1988.
\n
Art. 79
\n
79.(1) Where it appears to the Registrar-General that there is any doubt as to the title of any ship registered as a Maltese ship to be so registered he may direct the registrar to require evidence to be given to his satisfaction that the ship is entitled to be registered as a Maltese ship; and if within such time, not being less than thirty days, as the Registrar-General may specify, satisfactory evidence of the title of the ship to be so registered is not given, he may order that the registry of the ship shall be closed.
\n
Transfer to foreign registry.
\n
Inquiry into title of ship to be registered.
\n
Amended by:
\n
XXXVII. 1988.4; I.2025.38.
\n
(2)Upon the receipt of any such order, the registrar shall make an entry thereof in the register and thereupon the registry of the ship in that book shall be considered as closed except so far as relates to any unsatisfied mortgages or existing certificates of mortgage entered therein.
\n
Art. 80
\n
Repealed by article 35 of Act XXXVII of 1988.
\n
Power of Minister to order closure of registry.
\n
Measurement of ship and Tonnage
\n
Art. 81
\n
81.(1) The tonnage of any ship to be registered under this Act shall be ascertained in accordance with regulations made by the Minister, and those regulations shall be taken to be the provisions referred to in this Act as the tonnage regulations of this Act.
\n
(2)Regulations under this article may (a) make different provision for different description of ships or for the same description of ships in different circumstances; (b) make any provision thereof dependant on compliance Tonnage regulations.
\n
Amended by: XIII. 1983.5; XXII. 2000.2; I.2025.39.
\n
MERCHANT SHIPPING with such conditions, to be evidenced in such manner, as may be specified in the regulations; (c) prohibit or restrict the carriage of goods or stores in spaces not included in the registered tonnage of a ship and may provide for making the master and owner or bareboat charterer each liable to a fine (multa) not exceeding one hundred units where such a prohibition or restriction is contravened.
\n
(3)Regulations under this article may make provision for assigning to a ship, either instead of or as an alternative to the tonnage ascertained in accordance with the other provisions of the regulations, a lower tonnage applicable where the ship is not loaded to the full depth to which she can be safely loaded, and for indicating on the ship, by such mark as may be specified in the regulations, that such a lower tonnage has been assigned to her and, where it has been assigned to her as an alternative, the depth to which the ship may be loaded for the lower tonnage to be applicable.
\n
(4)Regulations under this article may provide for the issue of documents certifying the registered tonnage of any ship or the tonnage which is to be taken for any purpose specified in the regulations as the tonnage of a ship not registered in Malta.
\n
(5)Where regulations under this article are amended, such regulations may make provision for the alteration of the particulars relating to the registered tonnage of any ship registered before the coming into operation of the amendment.
\n
(6)Regulations under this article may prescribe the fees to be paid in respect of the measurement of a ship’s tonnage.
\n
Tonnage ascertained to be tonnage of ship.
\n
Art. 82
\n
82.Wherever the tonnage of any ship has been ascertained and registered in accordance with the tonnage regulations of this Act, the same shall thenceforth be deemed to be the tonnage of the ship and shall be repeated in any subsequent registry thereof, unless any alteration is made in the form or capacity of the ship, or unless it is discovered that the tonnage of the ship has been erroneously computed, or unless the tonnage regulations of this Act are amended and make provision for the alteration of the particulars of the registered tonnage of any ship registered before the coming into operation of the amendment; and in any such case the ship shall be r e - m e a s u r e d a n d h e r t o n n a g e d et e r m i n e d an d r e - r e g i s t e r e d according to the tonnage regulations of this Act then in force.
\n
Tonnage of ships of other countries adopting regulations.
\n
Art. 83
\n
83.(1) Whenever it appears to the Minister that the tonnage regulations of this Act have been adopted by any country, and are in force there, the Minister may order that the ships of that country shall, without being re-measured, be deemed to be of the tonnage denoted in their certificates of registry or other equivalent documents, in the same manner, to the same extent, and for the same purposes, as the tonnage denoted in the certificate of registry of a Maltese ship is deemed to be the tonnage of that ship; and any space shown by the certificate of registry or other equivalent document of any such ship as deducted from the tonnage shall, MERCHANT SHIPPING where a similar deduction in the case of a Maltese ship depends on compliance with any conditions or on the compliance being eviden ced i n any manner, b e deemed t o comply w ith those conditions and be so evidenced, unless a surveyor of ships certifies to the Minister that the construction and equipment of the ship as respects that space do not come up to the standard which would be required if the ship were a ship registered under this Act.
\n
(2)The Minister may limit the time during which the order is t o r e m a i n i n o p e r a t i o n a n d m ak e t h e o r d e r s u b j e c t t o s u c h conditions and qualifications as he may deem expedient, and the operation of the order shall be limited and modified accordingly.
\n
(3)If it is made to appear to the Minister that the tonnage of any ship, as measured by the rules of the country to which she belongs, materially differs from that which would be her tonnage if measured under this Act, the Minister may order that, notwithstanding any other order for the time being in force under this article, any of the ships of that country may, for all or any of the purposes of this Act, be re-measured in accordance with this Act.
\n
Art. 84
\n
84.All duties in relation to the survey and measurement of ships shall be performed by surveyors of ships in accordance with regulations made or instructions given by the Minister.
\n
Survey and measurement to be performed by surveyors.
\n
PART IIA Added by: XXXVII. 1990.14.
\n
BAREBOAT CHARTER REGISTRATION
\n
Art. 84A
\n
84A. (1) For the purposes of this Part of this Act, unless the context otherwise requires \"bareboat charter\" means the contract for the lease or sub-lease of a ship, hereinafter referred to as charter, for a stipulated period of time, by virtue of which the charterer 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; \"bareboat charter registration\" means the registration of a ship in a bareboat charter registry under the name of the charterer; \"bareboat charter registry\" means the registry of the State whose flag the ship is entitled to fly during the period in which the charterer is registered as the bareboat charterer; \"compatible registry\" means a ship registry of a foreign State declared by the Minister to be a compatible registry in terms of article 84B; \"day\" means calendar day; \"underlying registry\" means the registry of the State in which the owners of a ship are registered as owners and to which jurisdiction and control will revert upon termination of the bareboat charter Interpretation.
\n
MERCHANT SHIPPING registration, and \"underlying register\" and \"underlying registration\" shall be construed accordingly.
\n
(2)Article 76 shall be construed for the purpose of this Part of this Act, as if for the words \"If the master or owner\" there were substituted the words \"If the master or charterer or owner\".
\n
Compatible registries.
\n
Art. 84B
\n
84B. Whenever it appears to the Minister that the provisions of the law of a State with regards to bareboat charter registration are compatible with the provisions of this Act, he may declare the ship registry of that State to be a compatible registry for the purposes of this Part of this Act.
\n
Eligibility and conditions for bareboat charter registration. Amended by: XXII. 2000.39.
\n
Art. 84C
\n
84C. (1) Notwithstanding anything contained in article 4, a ship not eligible in terms of the said article to be registered as a Maltese ship shall be eligible to be registered as a Maltese ship under this Part of this Act provided that (a) the ship is bareboat chartered to a citizen of Malta, or to bodies corporate or such other persons qualified to own a Maltese ship in terms of article 4; (b) the ship is not a Maltese ship, and is registered in a compatible registry; (c) is not registered in another bareboat charter registry; and (d) the following certified documents are submitted to the registrar to his satisfaction: (i) an application for registry under this Part of this Act made by the charterer or his authorised agent containing such information as may be required by the registrar; (ii) a declaration of bareboat charter made by the charterer accompanied by a copy of the charter agreement, which charter agreement shall not be available for public inspection; (iii) a transcript or an extract of the underlying registration of the ship which shall include a description of the ship, the owners and, where applicable, all registered mortgages and encumbrances of the ship, and such document shall be available for public inspection; and (iv) the consent in writing for the ship to be bareboat charter registered in Malta of: (a) the appropriate authorities of the underlying registry who may be further required by the registrar to declare that during the period of bareboat charter registration the ship will not be entitled to fly their flag; (b) the owners of the ship; and (c) all registered mortgagees.
\n
MERCHANT SHIPPING
\n
(2)Any amendments or modifications to the bareboat charter shall within thirty days be produced to the registrar by the charterer.
\n
(3)Whenever any amendments or modifications are effected to the underlying registration the charterer shall (a) within seven days from such amendments being effected communicate to the registrar any such amendments or modifications; and (b) within thirty days of such amendments or modifications having been entered in the underlying register produce to the registrar a transcript or an extract of the underlying registration showing such amendments or modifications.
\n
Art. 84D
\n
84D. The tonnage of a ship to be registered under this Part of this Act shall be ascertained in accordance with the tonnage regulations made under this Act:
\n
Ascertainment of tonnage. Amended by: XXII. 2000. 40.
\n
Provided that at the request of the charterer the registrar may accept the tonnage of such ship to be that registered in the underlying registry if he is satisfied that the provisions of the International Convention on Tonnage Measurement of Ships signed in London on 23 June, 1969 (including any protocol or amendment to su c h c o nv e n ti o n r a t i f i e d , ac ce d ed t o o r ac ce p te d by t h e Government of Malta), if applicable to such ship and unless such ship has been exempted from them, have been adhered to, and the certificate of survey provided for in article 14 shall be that issued by the underlying registry.
\n
Art. 84E
\n
84E. (1) Subject to the provisions of sub-article (2) a ship shall be registered under this Part of this Act by the name under which it is registered in the underlying registry, provided that such name is not already the name of a registered Maltese ship or a name so similar as to be calculated to deceive.
\n
Name of ship bareboat chartered registered in Malta.
\n
(2)The name of a ship to be registered or of a ship already registered under this Part of this Act, may be changed prior or subsequent to registration under this Part of this Act as the case may be, provided the appropriate authorities of the underlying registry, the owners, and the registered mortgagees, if any, have consented thereto and provided also that such change is made in accordance with the provisions of article 56.
\n
Art. 84F
\n
84F. (1) The registrar, if satisfied that all conditions for registration specified in this Part and in other Parts of this Act, where applicable, have been complied with, and on payment of the prescribed fee shall (a) enter in the register of Maltese ships provided for in article 365, all particulars of the ship and its underlying registration, owners and charterers, stating that it is a bareboat charter registration, the expiry date of such registration, and that the register does not contain an official record of any mortgages affecting Bareboat charter registration. Amended by: XXII. 2000.41.
\n
MERCHANT SHIPPING the ship; (b) inform the appropriate authorities of the underlying registry of the registration under this Part; and (c) issue a provisional certificate of bareboat charter registry or a certificate of bareboat charter registry, as the case may be, which shall include the expiry date thereof, the name and official number of the ship, the name of the home port Valletta and such particulars, if any, as the registrar may deem proper:
\n
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) which have been ratified or acceded to or accepted by the Government of Malta and such other certificates as the Minister may by regulations prescribe, the registrar shall issue a non-operational provisional certificate of bareboat charter registry or a non-operational certificate of bareboat charter registry, as the case may be.
\n
(2)Upon the issue of a certificate of bareboat charter registry, whether provisional or otherwise, all documents issued to the ship by the underlying registry, shall be surrendered to the appropriate authorities of that registry and, within thirty days of the issue of the certificate as aforesaid, the charterer shall make and deliver to the registrar a declaration to that effect.
\n
Duration of bareboat charter registration.
\n
Art. 84G
\n
84G. Subject to the provisions of article 84H the duration of such registration shall be for a period not exceeding the duration of the bareboat charter or the expiry date of the underlying registration, whichever is the shorter period, but in no case for a period exceeding two years.
\n
Extension of bareboat charter registration. Amended by: XXII. 2000. 42; L.N. 210 of 2016.
\n
Art. 84H
\n
84H. (1) At the request of the charterer or his authorised agent the registrar may extend and further extend the registration for the remaining period of the charter or until the expiry date of the underlying registry, whichever is the shorter period, but in no case for periods exceeding two years at a time, provided that the charterer has produced a transcript of the underlying registry, the consent of the underlying registry, and the consent of owners and mortgagees.
\n
(2)Upon the grant of an extension in terms of sub-article (1), the registrar shall (a) enter the new date of expiry in the register of the ship; (b) issue a renewal certificate of bareboat charter registry which shall include the date of expiry thereof, the name and official number of the ship, the name of the home port Valletta and such particulars, if any, as the registrar may deem proper; and (c) inform the appropriate authorities of the underlying registry.
\n
MERCHANT SHIPPING
\n
Art. 84I
\n
84I. A ship bareboat charter registered under this Part required to be issued with international convention certificates in terms of an international convention to which Malta is a party shall be issued with such certificates under the authority of the Government of Malta:
\n
International convention certificates of ship bareboat charter registered in Malta.
\n
Provided that where Malta is not a party to such convention a certificate required under that convention may be issued, with the permission of the registrar, under the authority of the government of the underlying registry.
\n
Art. 84J
\n
84J. (1) A ship registered under this Part of this Act shall be deemed to be a Maltese ship and except where otherwise provided shall be under the jurisdiction and control of Malta and shall comply with all the laws applicable to Maltese ships.
\n
(2)A ship registered under this Part of this Act shall only hoist the Malta flag as provided for in this Act.
\n
Jurisdiction over a ship registered under this Part of this Act. Amended by: XXII. 2000. 43.
\n
(3)The home port of a ship registered under this Part of this Act shall be Valletta and shall be shown on the certificate of bareboat charter registry, whether provisional or otherwise, and shall be marked on the stern in accordance with the provisions of the Act.
\n
Art. 84K
\n
84K. (1) This Act shall not assert any ownership rights over a ship registered under this Part of this Act and it shall have no effect with regards to title and transfer and transmission of such ship or shares therein.
\n
(2)Any transfer of ownership of a ship registered under this Part of this Act shall be notified by the charterers to the registrar, and the registration of the ship under this Part of this Act may be closed unless the new owners, within seven days, have informed the registrar that they have no objection to the registration of the ship under this Part of this Act, and, within thirty days of having made such declaration, delivered to the registrar their consent in writing to such registration.
\n
Ownership of ship registered under this Part of this Act. Amended by: XXII. 2000. 44.
\n
Art. 84L
\n
84L. A ship registered under this Part of this Act shall be subject to the payment of the initial and annual registration fees and of any other fees set out in this Act, or in any regulations made thereunder.
\n
Payment of fees.
\n
Art. 84M
\n
84M. Mortgages and encumbrances may not be registered under this Act in respect of a ship registered under this Part of this Act, and the registrar shall refuse to register any such mortgages and encumbrances; such power of registration shall remain vested in the underlying registry.
\n
Mortgages and encumberances.
\n
Art. 84N
\n
84N. (1) The Minister may order that the registration of a ship under this Part of this Act shall be closed if it is in the national interest or in the interest of Maltese shipping.
\n
Closure of bareboat charter registration. Substituted by: XXII. 2000. 45. Amended by: L.N. 210 of 2016.
\n
(2)The Registrar-General may direct that the registration of a ship under this Part of this Act shall be closed for any reason specified in article 29(2), in as far as the same may be applicable to a ship registered under this Part of this Act.
\n
MERCHANT SHIPPING
\n
(3)Prior to the issue of any such order or directive the registrar shall give one month’s notice in writing to the charterer of the intention of closure of registry unless the cause of 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.
\n
(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.
\n
(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.
\n
(6)Where the charterer of a ship, registered under this Part of this Act, desires to close the bareboat charter registration of such 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, and 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 been paid.
\n
(7)The registrar shall close the registration of a ship under this Part of this Act, and shall make an entry to that effect in the register, if (a) the Minister has ordered such closure in terms of subarticle (1); (b) the Registrar-General has directed such closure in terms of sub-article (2); (c) a voluntary closure of registry has been requested and such request has been acceded to by the registrar in terms of sub-article (6); (d) the appropriate authorities of the underlying registry, or the owners, or any of the mortgagees, if any, have withdrawn their consent to the bareboat charter registration in Malta; (e) the registration in the underlying registry has for any reason been terminated; (f) the charter lapses or is terminated by any of the parties to it; or (g) the period for which the ship has been bareboat charter registered lapses and no extension has been granted in accordance with article 84H.
\n
(8)Upon the closure of a registration in terms of sub-article
\n
(7)the ship shall cease to be a Maltese ship and the registrar shall immediately notify the appropriate authorities of the underlying registry, the owners, the bareboat charterers and the mortgagees, if MERCHANT SHIPPING any, of such closure.
\n
(9)The registrar may refuse to issue a deletion certificate or a transcript of registry showing the closure of registry until (a) any certificate of bareboat charter registry, whether provisional or otherwise, issued in terms of article 84F has been surrendered to him; and (b) 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 been paid.
\n
Art. 84O
\n
84O. Notwithstanding any other provision of this Act a Maltese ship registered under Part II of this Act may be bareboat charter registered in a foreign registry if the Registrar-General gives his consent in writing thereto in terms of article 84P.
\n
Bareboat charter registration in a foreign registry.
\n
Art. 84P
\n
84P. (1) The Registrar-General may, under such conditions as he may deem fit to impose, give his consent referred to in article 84O if - Consent of the Registrar-General. Amended by: XXII. 2000. 46. (a) the ship is registered as a Maltese ship under Part II of this Act; (b) the bareboat charter registry where the ship is to be registered is a compatible registry; and (c) the following documents are submitted to him: (i) an application for bareboat charter registration in a foreign registry made by the owners containing such information as may be required by the Registrar-General; (ii) the consent in writing to such registration of all registered mortgagees, if any; (iii) a written undertaking by the owners to surrender the certificate of registry issued under this Act within thirty days from entry into the bareboat charter registry; (iv) a written undertaking by the charterer that the Maltese flag shall not be hoisted during the period of bareboat charter registration; and (v) a copy of the bareboat charter, and such consent shall be valid for a period not exceeding the duration of the bareboat charter or for a period not exceeding two years, whichever is the shorter period, and, in any case, such consent shall lapse on the expiry of the registry of the ship under
\n
Part II of this Act unless this has been extended as provided for in
\n
that same Part of this Act.
\n
(2)At the request of the owner or his authorised agent the Registrar-General may extend and further extend his consent referred to in article 84O for the remaining period of the charter or until the expiry of the registration of the ship under Part II of this Act, whichever is the shorter period, but in no case for periods exceeding two years at a time.
\n
MERCHANT SHIPPING
\n
(3)The owners shall produce to the registrar any amendments or modifications to the bareboat charter within thirty days of such amendments or modifications being effected.
\n
Name of ship bareboat charter registered in a foreign registry. Amended by: L.N. 210 of 2016.
\n
Art. 84Q
\n
84Q. (1) Subject to the provisions of sub-article (2) a ship registered under Part II of this Act shall be bareboat charter registered in a foreign registry by the name under which it is registered under this Act, provided that with the consent of the Registrar General, the registered owners and registered mortgagees, the name of the ship may be changed in the foreign bareboat charter registry.
\n
(2)The name of a Maltese registered ship bareboat charter registered in a foreign registry may be changed with the written permission of the Registrar-General in terms of article 56 only if such change is being effected also in the bareboat charter registry.
\n
Registration in a foreign bareboat charter registry not in terms of this Act.
\n
Art. 84R
\n
84R. The registration in a foreign bareboat charter registry of a ship registered under this Act not made in accordance with the provisions of this Part of this Act shall be null and void.
\n
Bareboat charter registration of a Maltese ship in a foreign registry.
\n
Art. 84S
\n
84S. (1) Upon the bareboat charter registration of a Maltese ship in a foreign registry (a) the owners shall immediately notify the registrar of such registration, and within thirty days surrender to the registrar the certificate of registry issued to the ship under this Act and deliver to the registrar a transcript or an extract of the foreign bareboat charter registration; and (b) the registrar, if satisfied that such registration has been effected according to the provisions of this Act, shall make an entry thereof in the register of the said ship.
\n
(2)The owners shall immediately notify the registrar of the closure or lapse of the bareboat charter registration in a foreign registry, and shall within thirty days of the closure of such registry, deliver to the registrar a transcript or an extract of the foreign bareboat charter registration showing such closure.
\n
Obligations while ship is a foreign bareboat charter registry.
\n
Art. 84T
\n
84T. (1) Unless otherwise provided for in this Part of this Act, the owners of a Maltese ship bareboat charter registered in a foreign registry shall comply with all the provisions of this Act as if the ship were not so registered in the foreign registry.
\n
(2)During the time a Maltese ship is bareboat charter registered in a foreign registry in terms of the provisions of this Part of this Act (a) notwithstanding the provisions of article 73, such ship shall not hoist the Maltese flag; and (b) notwithstanding the provisions of article 5, the home port of such ship shall be that of the bareboat charter registry.
\n
(3)The owners shall, within fifteen days from the entry into the foreign bareboat charter registry, make and deliver to the MERCHANT SHIPPING registrar a declaration to the effect that the name of the foreign home port has been marked on the stern of the ship in lieu of the name Valletta.
\n
Art. 84U
\n
84U. A Maltese ship bareboat charter registered in a foreign registry shall, notwithstanding such registration, continue to be subject to the payment of all the fees set out in this Act, or in any regulations made thereunder, in respect of Maltese ships.
\n
Payment of fees while ship is in foreign bareboat charter registry.
\n
Art. 84V
\n
84V. A Maltese ship bareboat charter registered in a foreign registry required to be issued with international convention certificates in terms of an international convention to which Malta is a party shall be issued with such certificates under the authority of the government of the bareboat charter registry:
\n
International convention certificates of ship bareboat charter registered in foreign registry.
\n
Provided that where the State of the bareboat charter registry is not a party to such convention the certificate required under such convention may be issued under the authority of the Government of Malta.
\n
Art. 84W
\n
84W. (1) Notwithstanding that a Maltese ship may be bareboat charter registered in a foreign registry, all matters with respect to title over the ship, mortgages and encumbrances shall continue to be governed by Maltese law.
\n
(2)Any transaction affecting the title over the ship or relating to the registration, amendment, transfer and transmission and discharge of mortgages shall be made and registered in accordance with the provisions of this Act and only by the persons specified therein.
\n
Title, mortgages and encumbrances of ship bareboat charter registered in a foreign registry.
\n
(3)The registration of any mortgages or encumbrances in the bareboat charter registry shall be null and void.
\n
Art. 84X
\n
84X. (1) The Registrar-General may withdraw the consent referred to in article 84O, if any of the applicable provisions of this Act are not complied with:
\n
Provided that the Registrar-General shall withdraw such consent, if (a) the Minister, in the national interest or in the interest of Maltese shipping, has ordered the Registrar-General to withdraw his consent; (b) any of the conditions required to be fulfilled in terms of sub-article (1) of article 84P is not so fulfilled; or (c) the charter terminates or is terminated by any of the parties to it.
\n
(2)Upon the withdrawal of the consent of the RegistrarGeneral in terms of sub-article (1) (a) the registrar shall inform the appropriate authorities of the bareboat charter registry, the owners, the charterers, and the mortgagees, if any, of such withdrawal; and (b) the bareboat charter registration shall be terminated.
\n
Termination of bareboat charter registration in foreign registry. Amended by: XXII. 2000. 47.
\n
MERCHANT SHIPPING
\n
(3)Upon the termination of the bareboat charter registration (a) the registrar shall make an entry thereof in the register, and the ship shall thereupon be again subject to all the provisions of Maltese law; (b) within thirty days from the termination of such registration the owners shall make and deliver a declaration to the registrar that the certificate of bareboat charter registration has been surrendered to the foreign bareboat charter registry, and thereupon the registrar, unless the registry of the ship under Part II of this Act is also being closed, shall again deliver to the owners the certificate of registry which had been surrendered to him in terms of article 84S; and (c) within thirty days from the termination of such registration the owners shall deliver to the registrar a transcript or an extract of register showing that the bareboat charter registration has been cancelled.
\n
Certification of documents.
\n
Art. 84Y
\n
84Y. All documents required by the registrar for the purposes of this Act shall be certified as required by the registrar.
\n
PART III
\n
Substituted by: XXII. 2000.48.
\n
SHIPPING COMPANIES AND OTHER ORGANISATIONS Shipping organisation. Added by: XXII. 2000.48.
\n
Art. 84Z
\n
84Z. (1) An organisation shall qualify as a shipping organisation under this Act if its principal objects are one or more of the following activities and it obtains and maintains a licence from the Registrar-General to enable it to carry on such activities: (a) the ownership, operation (under charter or otherwise), administration and management of a ship or ships registered as a Maltese ship in terms of this Act and the carrying on of all ancillary financial, security and commercial activities in connection therewith; (b) the ownership, operation (under charter or otherwise), administration and management of a ship or ships registered under the flag of another state and the carrying on of all ancillary financial, security and commercial activities in connection therewith; (c) the holding of shares or other equity interests in entities, whether Maltese or otherwise, established for any of the purposes stated in this article and the carrying on of all ancillary financial, security and commercial activities in connection therewith; (d) the raising of capital through loans, the issue of guarantees or the issue of securities by the company when the purpose of such activity is to achieve the objects stated in this article for the shipping organisation itself or for other shipping organisations MERCHANT SHIPPING within the same group; for the purposes of this paragraph \"group\" has the same meaning as ascribed to it in the Companies Act; and (e) for the carrying on of such other activities within the maritime sector which the Minister may, on the advice of the Authority, from time to time prescribe by regulations as qualifying for the above purpose.
\n
(2)A shipping organisation may be established for any lawful purpose contemplated in sub-article (1) as (a) a limited liability company; or (b) a partnership en nom collectif; or (c) a partnership en commandite; and a company may have the status of (a) a public company; or (b) a private company.
\n
(3)A shipping organisation may also operate under a trust (a \"shipping trust\") or be a foundation (a \"shipping foundation\").
\n
(4)A shipping organisation may also be any foreign corporate body or other entity enjoying legal personality in terms of the law under which it has been established or constituted and which has established a place of business in Malta. (These organisations are referred to in this Act, as \"foreign corporate bodies\".).
\n
(5)Where the shipping organisation is a shipping trust, the trust shall be regulated by the Trusts and Trustees Act, or shall be a trust recognised in terms of the Recognition of Trusts Act, as the case may be.
\n
(6) Cap. 331. (a) Subject to paragraph (b), where the shipping organisation is a company, it shall be exclusively regulated by regulations made under sub-article (8), irrespective of the place where the management and control of the company’s affairs are exercised. (b) Upon the initial registration of the company or at any time thereafter, the directors of the company shall elect whether the company shall be regulated by the company regulations made under sub-article (8) or by the Companies Act. Such election shall be made by means of an appropriate declaration in the memorandum of association and the company will be regulated accordingly either from incorporation or from the date of the registration of the relative amendment with the Registrar of Companies, as the case may be. In virtue hereof, the directors are vested with the power and shall be deemed for all intents and purposes, to possess the authority to amend or vary the relative clause of the memorandum of association at their discretion without reference to the general meeting of the company. Any election made hereunder MERCHANT SHIPPING shall be binding on the company for at least one calendar year. Cap. 168. (c) The election made by a company to be regulated by the Companies Act will only be effective upon the full compliance by the company of all the requirements of the said Act.
\n
(7)All companies and commercial partnerships whose objects fall within any of those stated in sub-article (1) and which on the date of the coming into force of regulations made under sub-article
\n
(8)are in existence, including those companies which are in a state of liquidation and not yet struck off, shall be regulated by the provisions of this Act and regulations made under sub-article (8) with effect from the coming into force of such regulations; and they shall moreover be deemed to qualify as shipping organisations in terms of this article unless and until the memorandum of association of such companies is amended to provide otherwise.
\n
Wi t h e ff e c t f r o m t h e d a t e o f c o m i n g i n t o f o r c e o f t h e s a i d regulations made under this article, the provisions of the Commercial Partnerships Ordinance shall no longer apply to such companies and article 431 of the Companies Act, shall be construed accordingly.
\n
(8)The Minister, acting in consultation with the Authority, may make regulations: (a) regulating the establishment, operation, administration, and winding up and striking off of shipping organisations which are companies or other commercial partnership, including the relative fees, penalties and forms; (b) regulating places of business in Malta by foreign corporate bodies including the imposition of the relative fees, penalties and forms; (c) establishing the conditions under which the authority may issue or revoke licences to shipping organisations, and regulations made under this sub-article may in particular provide for or allow the application to shipping organisations which are companies any part, chapter or section of the Companies Act, subject to such variations, modifications and conditions as may be stipulated in such regulations.
\n
(9)The Minister, with the concurrence of the Minister of Finance, may make regulations establishing the manner in which any law imposing any tax, levy or impost or regulating the collection thereof is to apply to shipping organisations, or any category thereof, and may by such regulations amend, substitute or delete all or any of the provisions of articles 85 to 88A and of the Fifth Schedule.
\n
MERCHANT SHIPPING
\n
Art. 85
\n
85.Deleted by Legal Notice 128 of 2018.
\n
Definitions and Registration of companies under this Part of this Act. Amended by:
\n
XXIV.1986.12;
\n
XXXVII.1988.36;
\n
XXXVII.1990.15; XXII. 2000. 49; Substituted by: L.N. 224 of 2004; L.N. 83 of 2010. Deleted by: L.N.128 of 2018.
\n
Art. 85A
\n
85A. Deleted by Legal Notice 128 of 2018.
\n
Minister may declare a ship to be a tonnage tax ship. Added by: XXIV. 1986.13. Substituted by: L.N. 224 of 2004; L.N. 83 of 2010; Deleted by: L.N. 128 of 2018.
\n
Art. 86
\n
86.(Deleted by Legal Notice 224 of 2004 as amended by Legal Notice 83 of 2010).
\n
Exemption from Income Tax.
\n
Amended by:
\n
XXIV.1986.14;
\n
XXXVII.1988.37; XXXVII.1990.16; XXII. 2000.50.
\n
Art. 87
\n
87.(Deleted by Legal Notice 224 of 2004 as amended by Legal Notice 83 of 2010) Exemption from death and donation duties. Amended by: XXIV. 1986.15.
\n
Art. 88
\n
88.(Deleted by Legal Notice 224 of 2004 as amended by Legal Notice 83 of 2010).
\n
Exemption from duty on documents.
\n
Amended by:
\n
XXXI. 1981.64;
\n
XXIV.1986.16;
\n
XXXVI.1988.39;
\n
XXXVII. 1990.17.
\n
Art. 88A
\n
88A. (Deleted by Legal Notice 224 of 2004 as amended by Legal Notice 83 of 2010).
\n
Concessions at option of company. Added by:
\n
XXXVII.1988.40.
\n
PART IV
\n
MASTERS AND SEAMEN Certificate of competency
\n
Art. 89
\n
89.For the purposes of this Part of this Act, unless the context otherwise requires, the term ''certificate of competency'' includes certificate of proficiency and licence and any other similar document.
\n
Interpretation.
\n
Amended by: XIII. 1983.5; Substituted by: XXXVII.1990.18. Amended by: XXII. 2000.102.
\n
Manning of Maltese ships. Substituted by: XXXVII.1990.18. Amended by: XXII. 2000.102.
\n
MERCHANT SHIPPING
\n
Art. 90
\n
90.(1) Every Maltese ship when going to sea from any place shall be provided with such number and description of officers and crew as the Minister may by regulations prescribe:
\n
Provided that the Minister may in such regulations authorise the Registrar-General to exempt any ship or a class of ships from all or any of the requirements of such regulations.
\n
(2)If the requirements of sub-article (1) are not complied with, the master or owners of the ship shall for each offence be liable to a fine (multa) not exceeding five hundred units.
\n
Certificates of competency. Substituted by: XXXVII.1990.18 Amended by: XXII. 2000.102.
\n
Art. 91
\n
91.The Minister may by regulations prescribe: (a) the grades in respect of which certificates of competency shall be granted, recognised or endorsed in accordance with this Act; (b) the conditions for the issue, recognition or endorsement of certificates of competency granted, recognised or endorsed in accordance with this Act; (c) the conditions for the replacement, suspension, cancellation and alteration of certificates of competency issued, recognised or endorsed in accordance with this Act; and (d) any other matter affecting certificates of competency.
\n
Examination for certificates of competency.
\n
Art. 92
\n
Repealed by Act XXXVII of 1990.
\n
Grant of certificates on passing examination.
\n
Art. 93
\n
Repealed by Act XXXVII of 1990.
\n
Foreign certificates of competency, etc.
\n
Art. 94
\n
Repealed by Act XXXVII of 1990.
\n
Form and record of certificates.
\n
Art. 95
\n
95.Deleted by Act I.2025.40.
\n
Loss of certificate.
\n
Art. 96
\n
Production of certificates of competency.
\n
Art. 97
\n
97.Deleted by Act I.2025.41.
\n
Forgery of certificates of competency.
\n
Amended by: XIII. 1983.5; XXII. 2000.2; I.2025.42
\n
Art. 98
\n
Repealed by Act XXXVII of 1990.
\n
If any person (a) forges or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered, any certificate of competency or any recognition of a certificate of competency, or an official copy of any such certificate or recognition; or (b) makes, assists in making, or procures to be made, any false representation for the purpose of procuring, or having recognised, either for himself or for any other person, a certificate of competency; or (c) fraudulently uses a certificate, or a recognition of a certificate, or a copy of a certificate or of a recognition of a certificate, of competency which has been forged, altered, cancelled or suspended, or to which he is not MERCHANT SHIPPING entitled; or (d) fraudulently lends his certificate of competency or recognition of a certificate of competency, or allows it to be used by any other person, that person shall for each offence be liable to imprisonment for a period not exceeding two years or to a fine (multa) not exceeding five hundred units or to both such imprisonment and fine.
\n
Furthermore, the Registrar-General may prohibit that person from being engaged on a Malta registered ship, for a definite or indefinite period.
\n
Masters
\n
Art. 99
\n
99.(1) The master is appointed and may be dismissed by the owner of the ship; and any agreement purporting to deprive the owner of the power to dismiss the master shall have no effect.
\n
Appointment and dismissal of master.
\n
(2)A master shall not be entitled to any compensation if he is dismissed with good cause or is removed by the court.
\n
(3)Where a master is dismissed without good cause he shall, unless it is by agreement otherwise provided, be entitled to an indemnity related to the length of his service with the ship or the owner thereof and, where the master is so dismissed during the course of the voyage, the indemnity shall not be less than his wages for the entire voyage and the expenses of his repatriation.
\n
Art. 100
\n
100.(1) In the discharge of his duties the master shall be responsible for any negligence or misconduct even where the fault is slight, and shall be answerable for all damage resulting from non-observance of any law or regulation; his liability ceases only if it is shown that he exercised all proper care.
\n
(2)The master shall be responsible for the proper management and navigation of the vessel, for the safety of the vessel, her crews and passengers, for the prompt receipt and proper stowage, care and discharge of cargo, and for the maintenance of discipline on board; and he shall be on board at all times during the voyage.
\n
(3)The master shall also be responsible for the loss of, or any damage to, articles taken in or put on board by passengers, including any loss through theft, or injury caused, by members of the crew except in case of theft or injury committed by force of arms or happening through circumstances over which the master had no control.
\n
(4)Deleted by Act I.2025.43.
\n
(5)The master shall give to the owners a true and faithful account of all dealings and other matters relating to the ship at such reasonable times as he may be directed so to do.
\n
(6)Nothing in this article shall affect the provisions of Part IX of this Act.
\n
Duties and liability of the master. Amended by: I.2025.43.
\n
Powers of the master.
\n
MERCHANT SHIPPING
\n
Art. 101
\n
101.Deleted by Act I.2025.44.
\n
Ship’s papers. Substituted by: I.2025.45.
\n
Art. 102
\n
102.The master of every ship shall keep on board all the relevant certificates of the ship and its crew, as required in terms of this Act and in accordance with international instruments to which Malta is a party.
\n
Passengers’ list.
\n
Amended by:
\n
XIII.1983.5. Substituted by: XXII. 2000.51.
\n
Art. 103
\n
103.(1) The master of every Maltese ship and the master of every ship carrying passengers on any voyage to Malta from a place outside Malta, or from Malta to any place outside Malta, shall furnish to such person as the Minister may by regulations direct a return giving the total number of persons on board as well as such other information relative to such persons as may be prescribed, in such form and manner and within such time as may be prescribed.
\n
(2)The Minister may by such regulations exempt any passenger ship or any passenger ship undertaking such voyage or voyages as may be prescribed in the regulations generally or in respect of any voyages or classes of voyages from the provisions of such regulations.
\n
(3)Any passenger to which regulations under sub-article (1) refer shall furnish the master with such information required by the master for making any such return.
\n
(4)If (a) the master of a ship fails to make a return as required by this article or makes a false return; (b) any passenger refuses to give information required by the master of the ship for the purpose of the return, or for that purpose gives the master information which he knows to be false or recklessly gives information which is false, the master, or as the case may be, the passenger, shall be guilty of an offence against this article and shall on conviction be liable to a fine (multa) not exceeding five hundred units in the case of the master, and not exceeding one hundred units in the case of a passenger.
\n
(5)The Minister may extend the provisions of these regulations to the owner, bareboat charterer, manager, or any other person or organisation who may have assumed responsibility for operating the passenger ship from the owner, the obligations of the master with regard to such regulations, and may moreover provide that any person or organisation to whom such obligations may have been so extended preserve and keep such records for such period and in such manner as may be prescribed and supply such periodic or other returns thereof as may be prescribed, and the provisions of sub-article (4) hereof shall apply mutatis mutandis to such person or organisation as they apply to the master.
\n
(6)The provisions of this article and of any regulations made hereunder shall not apply to ships of war and troop ships and to pleasure yachts unless such pleasure yachts are or will be crewed and carry more than twelve passengers for commercial purposes.
\n
MERCHANT SHIPPING
\n
Art. 104
\n
104.(1) Where a vessel sustains damage, or is stranded, abandoned or lost, or where owing to stress of weather or other cause is forced to enter any port, the master shall, within twentyfour hours after the event if the event happens in any port, or within twenty-four hours after his arrival in any port if the event happens elsewhere, make a sea-protest in manner provided by this article.
\n
Sea-protest. Amended by: XXIV.1995.362.
\n
(2)The master shall also, at the time of making his sea-protest, produce his official log book and the ship’s log and cause them to be endorsed by the authority before whom the sea-protest is made.
\n
(3)In Malta, the sea-protest shall be made before the judge of the Civil Court, First Hall; elsewhere it shall be made before a Maltese consular officer or, in the absence of such officer, before a local authority.
\n
(4)In the sea-protest the master shall state on oath the place and time of sailing, the nature of his cargo, the course pursued, the perils encountered and the damage sustained by the vessel, and all other relevant facts, in particular those relating to the casualty in respect of which the sea-protest is made.
\n
(5)The authority before whom the sea-protest is made shall, immediately after the master has made his statement, examine on oath not less than three members of the crew and, where practicable, some of the passengers.
\n
(6)Where a sea-protest is required to be made, the master shall, except in the case of imminent danger, not discharge any goods from the vessel until he makes the sea-protest.
\n
(7)It shall be competent to any interested party to prove any fact contrary to those stated in a sea-protest; and if a sea-protest is not made within the time specified in sub-article (1), any interested party may prove any fact which should have resulted from the seaprotest, or otherwise related to the casualty, by any other means.
\n
(8)If the master fails to comply with any of the provisions of this article he shall be answerable to any interested party for any damages and interest.
\n
Art. 105
\n
105.(1) If during the progress of a voyage the master is dismissed, removed or superseded, or for any other reason quits the ship, and is succeeded in the command by some other person, he shall deliver to his successor the various documents relating to the navigation of the ship and to the crew thereof which are in his custody; and if he fails without reasonable cause so to do he shall be liable to a fine (multa) not exceeding one hundred units.
\n
(2)The successor shall immediately on assuming the command of the ship enter in the official log book a list of the documents so delivered to him.
\n
Conditions for admission to employment Documents to be handed over to successor.
\n
Amended by: XIII. 1983.5; XXII. 2000.2.
\n
Employment of children and persons under eighteen years. Substituted by: XXII. 2000. 52.
\n
MERCHANT SHIPPING
\n
Art. 106
\n
106.(1) Subject to the provisions of this article and notwithstanding the provisions of any other law or of any regulations, rules and orders made or deemed to be made thereunder, no person under the age of sixteen years shall be employed in any Maltese ship.
\n
(2)The Minister may make regulations (a) prescribing circumstances and capacities in which and the conditions subject to which persons under the age of sixteen years but who have attained such age as may be prescribed in the regulations may be employed in a Maltese ship; (b) prescribing circumstances and capacities in which persons over the age of sixteen years but under the age of eighteen years or under such lower age as may be specified in the regulations may not be employed in a Maltese ship or may be so employed only subject to such conditions as may be specified in the regulations.
\n
(3)Regulations made for the purposes of this article may make different provision for different employments and different descriptions of ship and any other different circumstances.
\n
Registration of persons under eighteen years who are members of the crew. Substituted by: XXII. 2000. 52.
\n
Art. 107
\n
107.(1) There shall be included in every agreement with the crew a list of all persons under the age of eighteen years who are members of the crew, together with particulars of the dates of their birth, and, in the case of a ship in which there is no such agreement, the master of the ship shall, if persons under the age of eighteen years are employed therein, keep a register of those persons with particulars of the dates of their birth and of the dates on which they become or cease to be members of the crew, and the register so kept shall at all times be open to inspection by the Minister or an officer autho rised by the Mini ster in that b ehalf or an appropriate inspector, or any other person having power to enforce compliance with the provisions of this Act.
\n
(2)There shall be included in every agreement with the crew a short summary of the provisions of this article and of article 106.
\n
Medical examination. Substituted by: XXII. 2000. 52.
\n
Art. 108
\n
108.(1) Subject to the provisions of this article, no person shall be employed in any capacity in any Maltese ship unless there has been delivered to the master of the ship a certificate granted by a duly qualified medical practitioner certifying that the person is fit to be employed in that capacity.
\n
(2)The provisions of sub-article (1) shall not apply to the employment of a person authorised to be so employed on the ground of urgency by the shipping master or by a Maltese consular officer, but a person in whose case any such authorisation is given shall not be employed for more than a single voyage, except in accordance with and subject to the provisions of sub-article (1).
\n
(3)The Minister may make regulations as appear to him to be necessary for the medical examination of all persons seeking employment in any capacity on board ships and the issue of medical certificates in respect of such persons.
\n
MERCHANT SHIPPING
\n
(4)Without prejudice to the generality of the foregoing subarticle, regulations made thereunder may, in particular (a) prescribe the nature of the medical examination or examinations to be made and the particulars to be included in the medical certificates; (b) prescribe the period of validity of medical certificates; (c) provide for the acceptance, in substitution of a medical certificate, of evidence in a prescribed form that the required certificate has been issued; and (d) provide for any other matter affecting the medical examination or examinations to be made and the medical certificates to be issued or recognised.
\n
(5)For the purposes of this article, ''duly qualified medical practitioner'' means a medical practitioner authorized by law to practice as a legally qualified medical practitioner in Malta or unless otherwise prescribed in the country in which such certificate is issued.
\n
Art. 109
\n
109.(1) If any person is employed in any ship in contravention of any of the provisions of articles 106 and 108 or in contravention of any regulations made under these articles, the master or owner of the ship shall be liable to a fine (multa) not exceeding five hundred units, or, in the case of a second or subsequent offence, not exceeding one thousand units; and where a person under the age of sixteen years or a person under the age of eighteen years is taken into employment in any ship in contravention of the aforesaid provisions of this Act on the production by, or with the privity of, the parent of a false or forged certificate or on a fake representation by the parent that the person is of an age at which such employment is not in contravention of the said provisions, that parent shall be liable to a fine (multa) not exceeding five hundred units.
\n
Penalties. Substituted by: XXII. 2000. 52.
\n
(2)If the master of a ship fails to comply with any of the provisions of article 107, or on being so required by the Minister or a n o ff i c e r a u t h o r i s e d b y t h e M i n i s t e r i n t h a t b e h a l f o r a n appropriate inspector, or any other person having power to enforce compliance with the provisions of this Act, refuses or neglects to produce for inspection by that officer any register as is required to be kept by him under the article aforesaid or any certificate delivered to him under articles 106 or 108 or in terms of any regulations made under these articles, he shall be liable to a fine (multa) not exceeding five hundred units.
\n
Art. 110
\n
110.Repealed by article 52 of Act XXII of 2000.
\n
Medical examination of young persons and children.
\n
Art. 111
\n
111.Repealed by article 52 of Act XXII of 2000.
\n
Penalties. Amended by: XIII. 1983.5.
\n
Engagement of seamen Not lawful to engage in business of finding employment for seamen. Amended by: XIII. 1983.5.
\n
Agreements with crew. Amended by: XIII. 1983.5; XXII. 2000.2.
\n
MERCHANT SHIPPING
\n
Art. 112
\n
112.Repealed by article 53 of Act XXII of 2000.
\n
Art. 113
\n
113.(1) The master of every Maltese ship, other than ships employed solely in navigation on the coasts of Malta, shall enter into an agreement (in this Act called the \"agreement with the crew\") in accordance with this Act with every seaman whom he carries to sea as one of his crew from any port.
\n
(2)If a master of a ship carries any seaman to sea without entering into an agreement with him in accordance with this Act, he shall for each offence be liable to a fine (multa) not exceeding fifty units.
\n
Form, period and conditions of agreements with crew. Amended by: XXII. 2000. 54; I.2025.46.
\n
Art. 114
\n
114.(1) An agreement with the crew shall be in a form approved by the Registrar-General and shall be dated at the time of the first signature thereof, and shall be signed by the master before a seaman signs his name.
\n
(2)The agreement with the crew shall show the place at which it is made, the surname and other names of the seaman, his birthplace, and his age or the date of his birth, and shall contain as terms thereof the following particulars: (a) the name of the ship on board which the seaman undertakes to serve; (b) either the nature and, as far as is practicable, the duration of the intended voyage or engagement, or the maximum period of the voyage or engagement, which shall not exceed twelve months, and the places or parts of the world, if any, to which the voyage or engagement is not to extend; (c) the number and description of the crew; (d) if possible, the place and date at which each seaman is to be on board or to begin work; (e) the capacity in which each seaman is to serve; (f) the amount of wages which each seaman is to receive; (g) the agreed leave, being agreed leave not less favourable to the crew than that, if any, prescribed under this Act; (h) any regulations as to conduct on board and as to fines (multa) and other lawful punishment for misconduct which have been approved by the Minister as regulations proper to be adopted and which the parties agree to adopt; (i) any regulations as to the provisions to be provided for seamen employed in Maltese ships; (j) a list of persons under the age of eighteen years and the dates of their births.
\n
MERCHANT SHIPPING
\n
(3)The agreement with the crew shall be so framed as to admit of such stipulations to be adopted at the will of the master and seaman in each case, whether respecting the advance and allotment of wages or otherwise, as are not contrary to law.
\n
(4)Saving any other provision of this Act, an agreement with the crew under this article shall be terminated by (a) the mutual consent of the parties thereto; or (b) the death of the seaman; or (c) the loss or total unseaworthiness of the ship; or (d) the sale of the ship; or (e) the expiration of time.
\n
Art. 115
\n
115.The following provisions shall have effect with respect to agreements with the crew: (a) the agreement shall (subject to the provisions of this Act as to substitutes) be signed by each seaman; (b) the master shall cause the agreement to be read over and explained to each seaman, or otherwise ascertain that each seaman understands the same, before he signs it, and shall attest each signature; (c) when the crew is first engaged, the agreement shall be signed in duplicate and one part shall be retained by the master and the other shall be delivered to the shipping master, and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departures of the ship; (d) where a substitute is engaged in the place of a seaman who duly signed the agreement and whose services are within twenty-four hours of the ship’s putting to sea lost by death, desertion or other unforeseen cause, the master shall, before the ship puts to sea, if practicable, and if not, as soon afterwards as possible, cause the agreement to be read over and explained to the substitute, and the substitute shall thereupon sign the same in the presence of a witness, and the witness shall attest the signature; (e) an agreement may be made for a voyage or, if the voyages of the ship average less than six months in duration, may be made to extend over two or more voyages, and agreements so made to extend over two or more voyages are in this Act referred to as \"running agreements\"; (f) a running agreement shall not extend beyond the twelve months’ period of time next following the date of the making of the agreement or the first arrival of the ship at her port of destination after the termination of that period; (g) on every return to the port where the crew was Special provisions as to agreements with crew. Amended by: XIII. 1983.5; XXII. 2000.2, 55.
\n
MERCHANT SHIPPING engaged before the final termination of a running agreement, the master shall make on the agreement an endorsement as to the engagement or discharge of seamen, either that no engagements or discharges have been made or are intended to be made before the ship leaves port, or that all those made have been made as required by law, and if the master wilfully makes a false statement in any such endorsement or if he omits to make an endorsement which he is required to make under this paragraph, he shall for each offence be liable to a fine (multa) not exceeding fifty units; (h) the duplicate of the agreement retained by the master on the first engagement of the crew as well as any endorsements made on the agreement shall, on the expiration of the agreement, be delivered to the shipping master who shall retain same for a period of five years after the expiration of the agreement; (i) the duplicate of the agreement delivered to the shipping master on the first engagement of the crew shall be kept by the shipping master until he receives the other duplicate of the agreement retained by the master on the expiration of same.
\n
Terms not to be contrary to the provisions of this Act. Amended by: XIII. 1983.5.
\n
Substituted by: XXII. 2000. 56.
\n
Art. 116
\n
116.To the extent that any terms or conditions adopted by the parties to an agreement with the crew are contrary to the provisions of this Act in matters relating to wages and conditions of employment of seamen and masters on board ships such terms and conditions shall have no effect and the relevant provisions of this Act shall be deemed to apply.
\n
Copy of agreement to be accessible to crew. Amended by: XIII. 1983.5; XXII. 2000.2.
\n
Art. 117
\n
117.The master shall, at the commencement of every voyage or engagement, cause a legible copy of the agreement with the crew to be posted up in some part of the ship which is accessible to the crew, and if he fails without reasonable cause so to do he shall for each offence be liable to a fine (multa) not exceeding ten units.
\n
Forgery etc. of agreements with crew. Amended by: XIII. 1983.5; XXII. 2000.2.
\n
Art. 118
\n
118.If any person fraudulently alters, makes any false entry in, or delivers a false copy of, any agreement with the crew, or assists in committing or procures to be committed any such offence, that person shall for each offence be liable to imprisonment for a period not exceeding two years or to a fine (multa) not exceeding five hundred units or to both such imprisonment and fine.
\n
Alterations in agreements with crew. Amended by: XXII. 2000. 57.
\n
Art. 119
\n
Every erasure, interlineation, or alteration in any agreement with the crew (except additions made for the purpose of shipping substitutes or persons engaged after the first departure of the ship) shall be wholly inoperative unless proved to have been made with the consent of all the persons interested in the erasure, interlineation or alteration by the written attestation of two witnesses.
\n
Seaman not bound to produce agreement.
\n
Art. 120
\n
120.In any legal or other proceeding a seaman may bring forward evidence to prove the contents of any agreement with the crew or otherwise to support his case without producing, or giving notice to produce, the agreement or any copy thereof.
\n
MERCHANT SHIPPING
\n
Art. 121
\n
121.Repealed by article 58 of Act XXII of 2000.
\n
Art. 122
\n
122.The master shall, every time there are changes in the crew of a Maltese ship, deliver to the Registrar General a list of the crew or a copy thereof:
\n
Provided that the Registrar General may exempt any ship or class of ships from the requirement of this article, either absolutely or subject to such conditions as he thinks fit.
\n
Art. 122A
\n
122A. (1) Except where otherwise provided in this Act, all correspondence, documents, forms or other writings shall be in the English language:
\n
Engagement of seamen in foreign ports. Amended by: XIII. 1983.5.
\n
Deposit of list of the crew. Amended by: XIII. 1983.5. Substituted by: XXII. 2000. 59.
\n
Use of English language. Added by: XXII. 2000. 59.
\n
Provided that a foreign language version of any document may be appended to the English language version thereof.
\n
(2)All written signs displayed on board a Maltese ship shall be in the English language with, if it is considered necessary by the master, a foreign language version appended thereto.
\n
Art. 122B
\n
122B. (1) Where in the opinion of an appropriate inspector the crew of a Maltese ship consists of or includes persons who do not understand orders given to them in the course of their duty because of their insufficient knowledge of English and the absence of adequate arrangements for transmitting the orders in a language of which they have sufficient knowledge, the appropriate inspector shall inform the master of his opinion and the ship shall not go to sea and may be detained.
\n
Crew’s knowledge of English. Added by: XXII. 2000.59. Amended by: I.2025.47.
\n
(2)If a ship goes to sea or attempts to go to sea in contravention of this article, the the master, the owner or the bareboat charterer of the ship shall be liable to a fine (multa) of five hundred units.
\n
Art. 122C
\n
122C. (1) Subject to the provisions of this article and notwithstanding the provisions of any other law or of any regulations, rules and orders made or deemed to be made thereunder, the conditions of service of persons employed on Maltese ships and of Maltese citizens serving in foreign ships shall be governed by regulations made by the Minister under this article.
\n
(2)Without prejudice to the generality of the foregoing subarticle, regulations made thereunder may, in particular, make provision in respect of (a) apprenticeship in a calling aboard a ship; (b) the engagement of persons on Maltese ships and the engagement by foreign ships of Maltese citizens; (c) the implementation of any international convention relating to the employment, welfare, security, certification or status of seafarers; (d) the avoidance of agreements made contrary to such regulations;
\n
Conditions of service regulations. Added by: XXII. 2000. 59. Amended by: I.2025.48.
\n
MERCHANT SHIPPING (e) wages in general, and the rights related thereto of persons employed in Maltese ships, securing safe working conditions, health and welfare for seafarers and apprentices employed in ships; (f) the minimum wage payable to persons employed on Maltese ships; (g) the annual leave and holidays entitlement of persons employed on Maltese ships; (h) the maximum hours of work or the minimum hours of rest for persons employed on Maltese ships; (i) the maintenance of records of daily hours of work or of daily hours of rest of persons employed on Maltese ships; (j) the maximum duration of service periods on board Maltese ships following which a seafarer is entitled to repatriation; (k) the posting on board Maltese ships of a table containing the shipboard working arrangements; (l) the employment of persons under the age of eighteen years.
\n
(3)Regulations made under this article may provide that a person who contravenes the provisions thereof shall be liable to such penalty as may be provided for in the regulations, being a penalty of not more than one thousand units.
\n
Certification of Able Seamen and Ships’ Cooks Rating of seaman as A.B.
\n
Art. 123
\n
123.Repealed by Act XXXVII of 1990.
\n
Certificated cooks for certain ships. Amended by: XIII. 1983.5; XXII. 2000.2.
\n
Art. 124
\n
124.Repealed by Act XXXVII of 1990.
\n
Discharge.
\n
Amended by: XIII. 1983.5; XXII. 2000.2, 60.
\n
Discharge of seamen
\n
Art. 125
\n
125.(1) When a seaman serving in a Maltese ship under an agreement with the crew is on the termination of his engagement discharged, he shall be discharged in manner provided by this Act:
\n
Provided that this sub-article shall not apply where the seaman is proceeding on temporary leave while remaining in the service of the owner of the ship.
\n
(2)If the master or owner of a ship acts in contravention of this article he shall for each offence be liable to a fine (multa) not exceeding ten units.
\n
MERCHANT SHIPPING
\n
Art. 126
\n
126.(1) The master of a Maltese ship shall sign and give to a seaman discharged from his ship at any place, either on his discharge or on payment of his wages, a certificate of his discharge in a form approved by the Minister, specifying the period of his service and the time and place of his discharge, and if the master fails to do so he shall for each offence be liable to a fine (multa) not exceeding ten units.
\n
Certificate of discharge and return of certificates of competency.
\n
Amended by: XIII. 1983.5; XXII. 2000.2.
\n
(2)The master shall also, upon the discharge of every certificated officer whose certificate of competency has been delivered to and retained by him, return the certificate to the officer, and if without reasonable cause he fails to do so he shall for each offence be liable to a fine (multa) not exceeding twenty units.
\n
Art. 127
\n
127.Repealed by article 61 of Act XXII of 2000.
\n
Reports of seamen’s character.'
\n
Art. 128
\n
128.If any person:
\n
False or forged certificate of discharge.
\n
Amended by: XIII. 1983.5; XXII. 2000.2. Substituted by: I.2025.49. (a) forges or fraudulently alters any certificate of discharge; or (b) assists in committing, or procures to be committed, any of such offences as aforesaid; or (c) fraudulently uses any certificate of discharge which is false or altered or does not belong to him, he shall for each offence, on conviction be liable to imprisonment for a term not exceeding two years or to a fine (multa) not exceeding five hundred units or to both such imprisonment and fine.
\n
Art. 129
\n
129.(1) Where a Maltese ship is transferred or disposed of, any seaman or apprentice belonging to that ship shall be discharged unless he consents in writing to complete the voyage of the ship if it is continued.
\n
(2)Where a seaman or apprentice is discharged under this article the provisions of this Act as to the certificate of discharge and the return of the seaman to a proper return port shall apply as if his service had terminated otherwise than by his consent to be discharged during the currency of the agreement.
\n
Art. 129A
\n
129A. (1) Except as hereinafter provided, every agreement with the crew shall be deemed to provide that the seaman or apprentice, if the agreement terminates at a port other than the port of engagement (whether by effluxion of time, or by any act of the parties, or by shipwreck or sale of the ship, or by the inability of the seaman or apprentice to proceed in the ship by reason of sickness or injury or any other cause whatsoever) be returned to a proper return port at the expense of the master or owner of the ship, and such master or owner, whether principal or agent, shall make such arrangements as may be necessary and defray all expenses incurred for the return of such seaman or apprentice and such liability shall include the cost of any maintenance and medical treatment which is necessary for the seaman or apprentice until his Discharge of seamen on change of ownership.
\n
Amended by: XIII. 1983.5. Substituted by: XXII. 2000. 62;
\n
Owner responsible for return of seaman left behind at a port other than the port of engagement. Added by: XXII. 2000.63. Amended by: I.2025.50.
\n
MERCHANT SHIPPING arrival at a proper return port, and such seaman or apprentice shall not become a charge upon the Government of Malta.
\n
(2)A seaman or an apprentice who has been left behind or discharged from his ship as a result of his desertion, or his imprisonment, or his inability to proceed in the ship owing to s ic k ne s s o r i n f i r m i ty w il f u l ly co n c e a l e d a t t he ti m e o f t he engagement, shall not be entitled to be returned at the expense of the owner or master under sub-article (1) but such master or owner, whether principal or agent, shall make all arrangements necessary and defray all expenses incurred for the return of the seaman or apprentice to a proper return port as if he was so entitled, and such master or owner may be reimbursed his expenses out of any wages owing to the seaman or apprentice at the time he left the ship or out of the proceeds from the sale of any of his effects left on board or, if this should not prove sufficient by ordinary process of law, but such seaman or apprentice shall not become a charge upon the Government.
\n
(3)A registrar or a Maltese consular officer may demand a guarantee from the master or owner (whether principal or agent) of a ship from which a seaman or an apprentice is to be discharged or left behind, for the proper discharge of any obligations imposed by this article, and if this is refused he may withhold his consent to the discharge.
\n
(4)Where a seaman or an apprentice becomes eligible to receive, and receives, medical aid or periodical payments at the expense of his employer under the terms of any law providing for compensation to injured or sick workmen such receipt shall be in full or part payment as the case may be of the entitlement under this article and not in addition thereto.
\n
(5)This article shall also apply in respect of a foreign ship that engages a seaman or an apprentice in Malta; and ''owner'' in such a case includes any person appointed or nominated by the owner or the charterer if the ship is on demise charter, to act as his agent and who was so acting at the time the seaman or apprentice was engaged.
\n
Repatriation of seamen on termination of service at foreign port. Amended by: XXII. 2000. 64.
\n
Art. 130
\n
130.(1) Where the service of a seaman or of an apprentice belonging to a Maltese ship terminates otherwise than by the consent of the seaman to be discharged during the currency of the agreem ent , the m aster of the ship shall, besi des gi ving the certificate of discharge required under this Act and besides paying the wages to which the seaman or apprentice is entitled, make adequate provision in accordance with this Act for his maintenance and for his return to a proper return port, and if the service terminates at a port in which there is a registrar or a Maltese consular officer, such officer shall endorse upon the agreement with the crew of the ship which the seaman or apprentice is leaving the particulars of any provision so made.
\n
(2)If the master fails, without reasonable cause, to comply with this article, the expenses of maintenance and of the journey to the proper return port - MERCHANT SHIPPING (a) if defrayed by the seaman or apprentice, shall be recoverable as wages due to him; (b) if defrayed by any such officer as aforesaid or by any other person, shall (unless the seaman has been guilty of barratry) be a charge on the ship to which the seaman or the apprentice belonged, and may also be recovered against the person who is the owner of the ship for the time being or, where the ship has been lost, against the person who was the owner of the ship at the time of the loss, or, where the ship has been transferred to some person not being a Maltese citizen or not being a body corporate established under the laws of Malta either against the owner for the time being or against the person who was the owner at the time of the transfer, at the suit of the person defraying the expenses, or, in the case they have been allowed out of public money, as a debt due to the Government of Malta.
\n
Payment of wages
\n
Art. 131
\n
131.All wages to which a seaman may be entitled, subject to deductions made in accordance with this Act, shall be paid before or at the time the seaman lawfully leaves the ship at the end of his engagement; and in the event of a seaman’s wages or any part thereof not being so paid or settled, then, unless the delay is due to the act or default of the seaman or to any reasonable dispute as to liability or to any other cause not being the wrongful act or default of the owner or master, the seaman’s wages shall, for the period the seaman remains on board the vessel, continue to run and be payable until the time of the final settlement thereof:
\n
Time of payment of wages. Amended by: I.2025.51.
\n
Provided that should the ship concerned be subject to a judicial sale, the wages due to the seamen on board shall continue to accrue in favour of the seamen who continue to carry out their duties on board and shall continue to accrue either until the seamen leave the ship or until the ship is sold, whichever is the earlier. Following a judicial sale, wages shall not continue to accrue in favour of a seaman unless he is engaged by the new owner of the ship.
\n
Art. 132
\n
132.Repealed by article 65 of Act XXII of 2000.
\n
Payment of wages before shipping master. Amended by: XIII. 1983.5.
\n
Art. 133
\n
133.Deleted by Act I.2025.52.
\n
Master to deliver account of wages. Amended by: XIII. 1983.5; XXII. 2000. 2, 66.
\n
Art. 134
\n
134.(1) Where a seaman is discharged, and the settlement of his wages completed, he shall sign a release, in a form approved by the Minister, of all claims in respect of the past v oyage or engagement and the release shall also be signed by the master or owner of the ship.
\n
Settlement of wages. Amended by: XXII. 2000.67.
\n
MERCHANT SHIPPING
\n
(2)The release so signed and attested shall operate as a mutual discharge and settlement of all demands between the parties thereto in respect of the past voyage or engagement.
\n
(3)The release shall be delivered to and retained by the shipping master and on production from his custody shall, until the contrary is proved, be evidence of its contents, provided its authenticity is proved.
\n
(4)Notwithstanding anything in this article, a seaman may except from the release signed by him under this article any specified claim or demand against the master or owner of the ship, and a note of any claim or demand so excepted shall be entered upon the release. The release shall not operate as a discharge and settlement of any claim or demand so noted, nor shall sub-article
\n
(4)apply to any payment, receipt or settlement made with respect to any such claim or demand.
\n
Deductions from wages and book to be kept for that purpose.
\n
Art. 135
\n
135.Deleted by Act I.2025.52.
\n
Notice of disrating of seaman.
\n
Art. 136
\n
136.Deleted by Act I.2025.52.
\n
Deduction and payment of fines due under agreement. Amended by: XXII. 2000.68.
\n
Art. 137
\n
137.Deleted by Act I.2025.52.
\n
Rate of exchange. Added by: XXII. 2000.69.
\n
Art. 137A
\n
137A. Deleted by Act I.2025.52.
\n
Rights of seamen in respect of wages When right to wages begins.
\n
Art. 138
\n
138.A seaman’s right to wages and provisions shall be taken to begin at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens.
\n
Right to recover wages and salvage not to be forfeited.
\n
Art. 139
\n
139.(1) A seaman shall not by any agreement forfeit his rights on the ship, or be deprived of any remedy for the recovery of his wages, to which in the absence of the agreement he would be entitled, and shall not by any agreement abandon his right to wages in case of the loss of the ship, or abandon any right that he may have or obtain in the nature of salvage; and every stipulation in any agreement inconsistent with any provision of this Act shall be void.
\n
(2)Nothing in this article shall apply to a stipulation made by the seamen belonging to any ship, which according to the terms of the agreement is to be employed on salvage service, with respect to the remuneration to be paid to them for salvage services to be rendered by that ship to any other ship.
\n
Wages not to depend on freight.
\n
Art. 140
\n
140.The right to wages shall not depend on the earning of freight; and every seaman and apprentice who would be entitled to demand and recover any wages if the ship in which he has served had earned freight shall, subject to all other rules of law and MERCHANT SHIPPING conditions applicable to the case, be entitled to demand and recover the same, notwithstanding that freight has not been earned; but in all cases of wreck or loss of the ship, proof that the seaman has not exerted himself to the utmost to save the ship, cargo and stores, shall bar his claim to wages.
\n
Art. 141
\n
141.(1) Where by reason of the wreck or loss of the ship on which a seaman is employed his service terminates before the date contemplated in the agreement, he shall, subject to the provisions of this article, be entitled, in respect of each day on which he is in fact unemployed during a period of two months from the date of the termination of the service, to receive wages at the rate to which he was entitled at that date.
\n
Termination of service by wreck or loss of ship.
\n
(2)A seaman shall not be entitled to receive wages under this article if the owner shows that the unemployment was not due to the wreck or loss of the ship, and shall not be entitled to receive wages under this article in respect of any day if the owner shows that the seaman was able to obtain suitable employment on that day.
\n
(3)In this article \"seaman\" includes every person employed or engaged in any capacity on board any ship but, in the case of a ship which is a fishing boat, does not include any person who is entitled to be remunerated only by a share in the profits or the gross earnings of the working of the boat.
\n
Art. 142
\n
142.Where the service of a seaman terminates before the date contemplated in the agreement by reason of his being left on shore at any place abroad under a certificate granted as provided by this Act of his unfitness or inability to proceed on the voyage, he shall be entitled to wages up to the time of such termination, but not for any longer period.
\n
Termination of service by illness, etc.
\n
Art. 143
\n
143.A seaman or apprentice shall not be entitled to wages for any time during which he unlawfully refuses or neglects to work, when required, whether before or after the time fixed by the agreement for his commencement of such work, nor, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offence committed by him.
\n
Wages not to accrue during refusal to work or imprisonment.
\n
Art. 144
\n
144.When a seaman is by reason of illness incapable of performing his duty and it is proved that the illness has been caused by his own wilful act or default, he shall not be entitled to wages for the time during which he is by reason of the illness incapable of performing his duty.
\n
Forfeiture of wages when illness caused by own fault.
\n
Art. 145
\n
145.If a seaman, having signed an agreement, is discharged otherwise than in accordance with the terms thereof before the commencement of the voyage or before one month’s wages are earned, without fault on his part justifying that discharge, and without his consent, he shall be entitled to receive from the master or owner, in addition to any wages he may have earned, due compensation for any damage caused to him by the discharge not exceeding one month’s wages, and that compensation shall be treated as if it were wages duly earned.
\n
Compensation to seaman improperly discharged.
\n
Restriction on assignment of, and charge upon, wages. MERCHANT SHIPPING
\n
Art. 146
\n
146.As respects wages due or accruing to a seaman or apprentice to the sea service (a) they shall not be subject to a garnishee order in accordance with but subject to the provisions of article 382 of the Code of Organization and Civil Procedure; (b) any assignment thereof made prior to the accruing thereof shall not bind the person making the same; (c) any authority for the receipt thereof shall not be irrevocable; (d) a payment of wages to the seaman or apprentice shall be valid notwithstanding any previous assignment of those wages.
\n
Power of court to rescind contracts Power of court to rescind contract between owner or master and seaman. Amended by: I.2025.53.
\n
Art. 147
\n
147.Where proceedings are instituted before any court in relation to any dispute between an owner, or bareboat charterer, or master of a ship and a seaman or apprentice arising out of or incidental to their relation as such, or is instituted for the purpose of this article, the court, if having regard to all the circumstances of the case thinks just to do so, may rescind any contract between the owner, or bareboat charterer, or master and the seaman or apprentice upon such terms as the court may think just, and this power shall be in addition to any other jurisdiction which the court can exercise independently of this article.
\n
Accommodation, Provisions and Health Accommodation for seamen.
\n
Amended by: XIII. 1983.5; XXII. 2000.2, 70; I.2025.54.
\n
Art. 148
\n
148.(1) The Minister may make regulations with respect to the crew accommodation to be provided in Maltese ships of a class specified in the regulations.
\n
(2)Without prejudice to the generality of the foregoing subarticle, regulations made thereunder may in particular (a) prescribe the minimum space per person which shall be provided by way of sleeping accommodation for seamen and apprentices and the maximum number of persons by whom a specified part of such sleeping accommodation may be used; (b) prescribe the equipment to be provided for the sleeping accommodation, mess rooms, sanitary accommodation and galleys in a ship; (c) regulate the spaces in the ship in which the crew accommodation or any part thereof may be located and the standards to be observed in the construction, equipment and furnishing of any such accommodation; (d) provide for the protection of the crew against injury, condensation, heat, cold and noise on a ship; (e) prescribe the water, heating, lighting, ventilation and MERCHANT SHIPPING sanitary facilities to be provided on a ship; (f) require the submission to a surveyor of ships of plans and specifications of any works proposed to be carried out for the purpose of the provision or alteration of any such accommodation, and authorise the surveyor to inspect any such works; (g) provide for the maintenance and repair of any such accommodation and prohibit or restrict the use of any such accommodation for purposes other than those for which it is designed; and (h) provide for the inspection, measuring and marking of crew accommodation on a ship and its certification for the purpose of ascertaining tonnage.
\n
(3)Regulations made under this article may (a) make different provision with respect to different classes of ships or with respect to ships which were registered in Malta at different dates or the construction of which was begun at different dates and with respect to crew accommodation provided for seamen and apprentices of different descriptions; (b) exempt any ship or class of ships from any requirements of the regulations, either absolutely or subject to such conditions as the Minister thinks fit; (c) require the master of a ship or any officer authorised by him for the purpose to carry out such inspections of the crew accommodation as may be prescribed.
\n
(4)If the provisions of any regulations made under this article are contravened in the case of a ship, the owner, or bareboat charterer, or master of the ship shall be liable to a fine (multa) not exceeding five hundred units.
\n
(5)Regulations under this article may be made by reference in whole or in part to the requirements of the Maritime Labour Convention, 2006 of the International Labour Organisation, including any revisions thereof.
\n
Art. 149
\n
149.(1) The Minister may make regulations requiring provisions and water to be provided for persons employed in Maltese ships or any class of ships as may be specified in the regulations.
\n
(2)The Minister may exempt any ship or class of ships from any requirements of regulations made under this article, either absolutely or subject to such conditions as he thinks fit.
\n
(3)Where the provisions of any regulations made under this article are not complied with in the case of a ship master, or owner or bareboat charterer s h a l l b e l i a b l e , i n a d d i t i o n t o p a y i n g compensation under article 150A, to a fine (multa) not exceeding one thousand units unless he proves that the failure to comply was not due to his neglect or default.
\n
(4)Where a person empowered under this Act to inspect the Provisions and water. Amended by: XIII. 1983.5. Substituted by: XXII. 2000.71. Amended by: I.2025.55.
\n
MERCHANT SHIPPING provisions and water to be supplied to the persons employed in a Maltese ship is not satisfied that they are in accordance with regulations made under this article, he shall inform the master of the ship of his opinion, and the ship’s certificate of registry, whether provisional or otherwise, may be suspended until the defects are remedied.
\n
Complaint as to provisions or water. Substituted by: XXII. 2000.71.
\n
Art. 150
\n
150.(1) Where three or more members of the crew of a Maltese ship consider that the provisions or water provided for the use of the crew are, at any time, of bad quality or deficient in quantity, they may complain thereof to a registrar or a Maltese consular officer or an appropriate inspector, who may either examine the provisions or water complained of, or cause them to be examined.
\n
(2)Where the person making an examination under this article finds that the provisions or water are of bad quality or deficient in quantity, he shall communicate that fact in writing to the master of the ship, and if the master does not replace them with provisions or water fit for human consumption within a reasonable time or, without reasonable excuse, permits them to be used, he shall be liable to a fine (multa) not exceeding one thousand units unless he proves that the failure to replace them or permit them to be used was not due to his neglect or default.
\n
(3)The person making the examination shall enter a statement of the result of the examination in the official log book and send a report thereof to a registrar, and that report shall be admissible in evidence in the manner provided by this Act.
\n
(4)Where the person making the examination certifies in his statement that there was no reasonable ground for complaint, each of the complainants is liable to forfeit to the owner out of his wages a sum not exceeding one week’s wages.
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Allowance for short or bad provisions. Added by: XXII. 2000.71.
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Art. 150A
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150A. (1) If during the voyage of a Maltese ship the allowance of provisions provided for a person is less than that prescribed or any of those provisions are of bad quality, the person shall receive by way of compensation for the deficiency or bad quality, for so long as it lasts, such amounts as may be prescribed to be paid to him in addition to, and to be recoverable as, wages.
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(2)Where the deficiency occurred because the provisions could not be procured or supplied in proper quantities and proper e q ui v a l e n t su b s t i t ut e s w e r e su p p li e d i n l i e u t h e r e of , th o s e circumstances shall be taken into consideration for the purposes of sub-article (1) and the compensation reduced or denied accordingly.
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Weights and measures on board. Amended by: XIII. 1983.5; XXII. 2000.2.
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Art. 151
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151.Deleted by Act I.2025.56.
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MERCHANT SHIPPING
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Art. 152
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152.(1) The Minister may make regulations protecting the health of persons on board Maltese ships and requiring Maltese ships to carry such medicines, medical stores, equipment, facilities, appliances and books containing instructions and advice, as may be specified in the regulations, and the regulations may make different p r o v i s i o n s f o r d i ff e r e n t d e s c r i p t i o n s o f s h i p s o r d i ff e r e n t circumstances.
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Medical stores regulations.
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Amended by: XIII. 1983.5. Substituted by: XXII. 2000. 72. Amended by: I.2025.57.
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(2)The owner, or bareboat charterer and master of every Maltese ship shall ensure that the ship carries medicines, medical stores, equipment, facilities, appliances and books in accordance with the scales laid down under sub-article (1).
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(3)Where an appropriate inspector is of the opinion that the medicines, medical stores, equipment, facilities, appliances and books on a Maltese ship are deficient in quantity or quality or are placed in improper receptacles, he shall give notice in writing to the master, owner, bareboat charterer, or agent of the ship, and the ship’s certificate of registry, whether provisional or otherwise, may be suspended until the default has been remedied:
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Provided that if the master, or owner or bareboat charterer of the ship fails to remedy the default and comply with the requirements of this article, the master, or owner or bareboat charterer shall be liable to a fine (multa) not exceeding five hundred units unless he proves that the non-compliance was not caused through his inattention, neglect or wilful default.
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Art. 153
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153.(1) Notwithstanding the provisions of any other law the Minister may make regulations for securing, as far as is practicable, safe working conditions and safe means of access for persons employed in Maltese ships.
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(2)Without prejudice to the generality of sub-article (1) and to any provision of this Act, or any regulations, rules or orders made thereunder, regulations under this article may (a) make provisions for (i) (ii) (iii) (iv) (v) (vi) the structural features of the ship, any machinery or equipment used on board, special safety measures on and below deck, any loading equipment, fire-fighting and fire prevention, any anchors, chains and lines, (vii) dangerous cargo and ballast, and (viii) personal protective equipment; (b) require the maintenance, inspection and testing of any equipment and impose conditions on its use; (c) require, prohibit, or regulate the use of any material or process; (d) require the provision and use of any protective clothing or equipment; (e) limit the hours of employment of masters, seamen and Occupational safety regulations.
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Amended by: X111. 1983.5. Substituted by: XXII. 2000.73.
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MERCHANT SHIPPING apprentices in any specified operation or in any specified circumstances; (f) make provision for the discharge by persons appointed from among the persons employed in a ship, of functions in connection with the arrangements to be made under regulations; and (g) make provision specifying the respective responsibilities and duties of the Authority, owners, masters, seamen, pilots and apprentices in the prevention of accidents at sea.
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(3)Regulations made under this article may provide that a person who contravenes the provisions thereof shall be liable to such penalty as may be provided for in the regulations, being a penalty of not more than one thousand units.
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Appropriate inspectors.
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Amended by: XIII. 1983.5; XXII. 2000.2, 74.
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Art. 154
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154.(1) The Minister may charge such persons as he may deem proper (in this Act referred to as “appropriate inspectors”) with ensuring compliance with the provisions of this Act relating to ships, their operation, crew, equipment, accommodation, provisions and water and conditions on board, and in so doing may in particular charge an appropriate inspector either with ensuring compliance with the provisions of this Act in general or of any particular provision or provisions thereof.
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(2)Appropriate inspectors shall perform their duties according to instructions given from time to time by the Minister, and in the performance of their duties they may(a) go on board any ship and inspect the same or any part thereof or any article on board to which the aforesaid provisions of this Act apply; (b) require the production of all books, certificates (including certificates of competency), papers or documents which they consider important; (c) require the attendance of such persons as they think fit to call before them and examine, and administer the oath to, such persons.
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(3)If any person obstructs an appropriate inspector in the performance of his duty, or refuses or neglects to attend as a witness before him after having been required to do so, or refuses to make any answer or to produce any document in his possession, that person shall for each offence be liable to fine (multa) not exceeding one hundred units.
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(4)The Minister may by regulations under this Act, provide that appropriate inspectors shall carry such identity card showing such details and containing such information as may be prescribed.
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MERCHANT SHIPPING Facilities for making complaint
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Art. 155
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155.(1) If a seaman or apprentice whilst on board states to the master of the ship his desire to make a complaint to the shipping master, or to an appropriate inspector, or to a Maltese consular officer, against the master or any of the crew, the master shall, so soon as the service of the ship will permit - Facilities for making complaint.
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Amended by: XIII. 1983.5; XXII. 2000.2. (a) if the ship is at a place where there is any such person as aforesaid to whom the complaint is to be made, after such statement; and (b) if the ship is not then at such place, after her first arrival at such a place, allow the complainant to go ashore or send him ashore in proper custody so that he may be enabled to make his complaint.
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(2)If the master of a ship fails without reasonable cause to comply with this article, he shall for each offence be liable to a fine (multa) not exceeding ten units.
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Deceased and distressed seamen and seamen left behind
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Art. 156
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156.If any seaman or apprentice belonging to a Maltese ship dies while he belongs to that ship, the following provisions shall have effect with respect to any money or effects belonging to the seaman or apprentice and to any wages due to him: (a) the master of the ship shall take charge of any moneys or effects belonging to the seaman or apprentice which are on board; (b) if the seaman or apprentice dies while the ship is in Malta, the shipping master, and in any other case, the Maltese consular officer at or near the place of the occurrence, shall claim and take charge of any such money or effects which are at such place and not on board the ship; (c) the shipping master or the Maltese consular officer may, if he thinks fit, sell any of the property delivered to him, or of which he takes charge, under this article, and the proceeds of any such sale shall be deemed to form part of the said property; (d) the master of the ship shall enter in the official log book: (i) a statement of the amount of the money and a description of the effects; (ii) a statement of the sum due to the deceased for wages and the amount of deduction, if any, to be made from the wages, and the entry shall be signed by the master and attested by a mate and some other member of the crew; (e) the master shall pay and deliver all such property and Effects and wages of deceased seamen. Amended by: XIII. 1983.5; XXII. 2000.2.
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MERCHANT SHIPPING wages to the shipping master, if his port of destination is in Malta, within forty-eight hours after his arrival at that port, and in any other case, to the Maltese consular officer of the first port, at which the ship touches and remains for forty-eight hours, in which there is such an officer; (f) a consular officer taking charge or receiving any such property and wages shall remit the same to the Minister or shall deal with such property and wages as the Minister directs; (g) in all cases in which a seaman or apprentice dies during the progress of a voyage or engagement, the master shall give to the shipping master or consular officer to whom payment and delivery are made as aforesaid, such account and in such form as they may require of the property of the deceased and of any wages due to him, and no deduction claimed by the master shall be allowed unless claimed in such account and unless verified by an entry in the official log book made and attested as required by this Act; (h) if the master of the ship fails to comply with this article, he shall be accountable for the property to the Minister and shall deliver and pay the same accordingly, and shall in addition be liable for each offence to a fine (multa) not exceeding treble the value of the property not accounted for or, if such value is not ascertained, not exceeding fifty units.
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Effects and wages of seamen left behind. Amended by: XIII.1983.5; XXII. 2000.2.
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Art. 157
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157.(1) If a seaman or apprentice belonging to a Maltese ship is left behind, the master of the ship shall (a) as soon as may be enter in the official log book a statement of the property left on board by the seaman or apprentice and of the amount due to him on account of wages at the time he was left behind; and (b) on the termination of the voyage during which the seaman or apprentice was left behind, furnish, within forty-eight hours after the arrival of the ship at the port at which the voyage terminates, the shipping master, if the voyage terminates in Malta, or, if the voyage terminates at a port in which there is a Maltese consular officer, to such officer, such accounts and in such form as they may require of the property left on board by the seaman or apprentice and of any wages due to him, as well as of the deductions, if any, to be made from such wages, and of any expenses caused to the master or owner of the ship by the absence of the seaman where the absence is due to desertion, neglect to join his ship or other conduct constituting offence under article 171.
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(2)The master of the ship shall deliver to the officer to whom the account aforesaid is made the property of the seaman or MERCHANT SHIPPING apprentice as shown in that account and, subject to any deductions or expenses allowed under this article, the amount due for wages as shown in that account; and that officer shall give to the master a receipt therefor.
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(3)No deduction claimed by the master shall be allowed unless claimed in such account and verified by an entry in the official log book made and attested as required by this Act; and no expenses claimed by the master or owner shall be allowed unless claimed in the account aforesaid and appear to the officer receiving the account to be properly chargeable and, when so required by him, verified by vouchers.
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(4)The officer to whom payment and delivery as aforesaid have been made shall remit the property and any amount received on account of wages under this article to the Minister or deal with such property and wages in such manner as the Minister directs.
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(5)If the master of a ship fails without reasonable cause to comply with this article, he shall (in addition to any other liability) be liable for each offence to a fine (multa) not exceeding fifty units.
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Art. 158
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158.(1) If the master of, or a seaman or apprentice belonging to, a Maltese ship receives any hurt or injury in the service of the ship, or suffers from any illness (not being an illness due to his own wilful act or to his own misbehaviour), the expenses of providing the necessary surgical and medical advice and attendance and medicine, and also the expenses of the maintenance of the master or seaman or apprentice until he is cured, dies, or is returned to a proper return port, including any period during which he is unemployed after he has been cured and before he has been returned to a proper return port, and of his conveyance to the port, and, in the case of death, the expenses, if any, of the repatriation of the deceased and his burial, shall be defrayed by the owner of the ship, without any deduction on that account from his wages:
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Provided that an owner shall not be liable by virtue of this article to pay the expenses of the maintenance of any person during any period after he has been cured or of his conveyance to a proper return port if he shows that that person has failed to accept suitable employment on board a Maltese ship proceeding within a reasonable time to a proper return port or had failed to comply with any other reasonable arrangements made for his return to a proper return port.
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(2)If the master or seaman or apprentice is, on account of any illness, temporarily removed from his ship for the purpose of preventing infection, or otherwise for the convenience of the ship, and subsequently returns to his duty, the expenses of the removal a n d o f p r o v i d i n g t h e n e c e s sa r y a d v i c e a n d a t t e n d a n c e a n d medicine, and of his maintenance while away from the ship shall be defrayed in like manner.
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(3)The expenses of all medicines, surgical and medical advice and attendance given to a master or seaman or apprentice whilst on board his ship shall be defrayed in like manner.
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Expenses of medical attendance in case of injury or illness. Amended by: I.2025.58.
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MERCHANT SHIPPING
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(4)In all other cases any reasonable expenses duly incurred by the owner or bareboat charterer for any seaman or apprentice in respect of illness, and also any reasonable expenses duly incurred by the owner or bareboat charterer in respect of the repatriation of the deceased and of the burial of any seaman or apprentice who dies whilst on service shall, if duly proved, be deducted from the wages of the seaman or apprentice.
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Recovery of expenses from owner. Amended by: I.2025.59.
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Art. 159
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159.(1) If any of the expenses attendant on the illness, hurt or injury of a seaman or apprentice, which are to be paid under this Act by the master or owner, or bareboat charterer are paid by any authority on behalf of the Government of Malta, or if any other expenses in respect of the illness, hurt or injury of any seaman or apprentice whose wages are not accounted for under this Act to that authority, are so paid, those expenses shall be repaid to the authority by the master or owner or bareboat charterer of the ship.
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(2)Save as otherwise provided for in article 37D (3), if the expenses are not so repaid, the amount thereof shall with costs be a charge upon the ship and be recoverable from the master, the owner or the bareboat charterer of the ship at the time the action is brought or, where the ship has been lost, the owner of the ship at the time of the loss, or, where the ship has been transferred, either from the owner of the ship at the time the action is brought or from the person who was the owner of the ship at the time of the transfer, at the suit of the person defraying the expenses or as a debt due to the Government of Malta.
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(3)In any proceeding for such recovery, a certificate of the facts signed by that authority, together with such vouchers (if any) as the case requires, shall be sufficient proof that the said expenses were duly paid by that authority.
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Certificate required where seaman is left behind.
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Amended by: XIII. 1983.5; XXII. 2000.2.
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Art. 160
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160.(1) The master of a Maltese ship shall not leave a seaman or an apprentice behind at any place, ashore or at sea (except where the seaman is discharged in accordance with this Act), unless he previously obtains, endorsed on the agreement with the crew the certificate of the shipping master or of a Maltese consular officer stating the cause of the seaman or apprentice being left behind, whether the cause be unfitness or inability to proceed to sea, desertion, disappearance, or otherwise.
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(2)The officer to whom an application is made for a certificate under this article shall examine into the grounds on which a seaman or an apprentice is to be left behind, and for that purpose may, if he thinks fit, administer oaths, and may grant or refuse the certificate as he thinks just, but the certificate shall not be unreasonably withheld.
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(3)If the master of a ship fails to comply with this article he shall (without prejudice to his liability under any other provision of this Act) be liable for each offence to imprisonment for a period not exceeding two years or to a fine (multa) not exceeding five hundred units or to both such imprisonment and fine, and in any legal proceedings for the offence it shall lie on the master to prove that the certificate was obtained, or could not be obtained, or could not MERCHANT SHIPPING be obtained without unreasonable delay to the ship, or was unreasonably withheld.
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Art. 161
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161.(1) Where a master of a Maltese ship leaves a seaman or an apprentice behind on shore at any place on the ground of his unfitness or inability to proceed to sea, he shall deliver in duplicate to the officer giving the certificate required by this Act a full and true account of the wages due to the seaman or apprentice.
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Account and payment of wages in case of seaman left behind.
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Amended by: XIII. 1983.5; XXII. 2000.2.
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(2)The master shall pay the amount of wages due as aforesaid either to the seaman or apprentice himself, or to the said officer.
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(3)Where payment is made to the shipping master or to a consular officer, that officer shall retain one duplicate of the account delivered to him and, if satisfied with the account, endorse on the other duplicate a receipt for the payment and return it to the master, and the master shall deliver the duplicate within forty-eight hours of his return to his port of destination, if that port is in Malta, to the shipping master, and in any other case to the Maltese consular officer of that port.
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(4)If the master fails without reasonable cause to comply with this article or knowingly delivers a false account, he shall for each offence be liable to a fine (multa) not exceeding twenty units.
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Art. 162
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162.Where the amount of wages due to a seaman or to an apprentice left behind on the ground of unfitness or inability to proceed to sea is paid to the shipping master or to a consular officer, that officer shall deal with the sum so paid to him in the following manner:
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Application of payments on account of wages. Amended by: I.2025.60. (a) if the seaman or apprentice subsequently obtains employment at or quits the port at which the payment has been made, he shall deduct out of the sum any expenses incurred by him in respect of his maintenance, except such as the owner or bareboat charterer or master is by this Act required to defray, and shall pay the remainder to the seaman or apprentice and deliver to him an account of the sums so received and expended on his behalf; (b) if the seaman or apprentice dies he shall deal with the sum as part of the property of a deceased seaman; (c) if the seaman or apprentice is sent to a proper return port at public expense he shall account for the sum to the Minister.
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Art. 163
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163.The Minister may make regulations with respect to the relief, maintenance and return to a proper return port of shipwrecked seamen and apprentices and of seamen and apprentices found otherwise in distress in any place and may by those regulations make such conditions as he thinks fit with regard to that relief, maintenance and sending to a proper return port; and where the regulations so provide, any payment made thereunder shall be a charge on the Consolidated Fund.
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Regulations as to relief and maintenance of distressed seamen. Amended by: I.2025.61.
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Provision for relief and maintenance of distressed seamen. Amended by: XXII. 2000. 75; I.2025.62.
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MERCHANT SHIPPING
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Art. 164
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164.Where either (a) any seaman or apprentice, whether a citizen of Malta or not, is found in any place and has been shipwrecked from a Maltese ship, or, by reason of having been discharged or left behind from any such ship, is in distress in that place; or (b) any seaman or apprentice, being a citizen of Malta who has been engaged to serve in a ship belonging to the government of, or registered in, any foreign country, is in distress in any place, the Maltese consular officer at that port, or such person as may be designated in the regulations, shall in accordance with and on the conditions prescribed by those regulations, provide in accordance with this Act for the return of those seamen or apprentices to a proper return port and also provide for their necessary clothing and their maintenance until their departure for such port and, in case of death, for the repatriation of the deceased and for his burial expenses and, in addition, in the case of shipwrecked seamen or apprentices, for the repayment of any expenses incurred in their conveyance to a port after their shipwreck and their maintenance while being so conveyed.
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Recovery of expenses of relief of distressed seamen. Amended by: I.2025.63.
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Art. 165
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165.(1) Where any expenses (other than excepted expenses as defined by this art icle) are i ncurred by or on behalf of the Government of Malta, or are incurred by the government of a foreign country and are repaid or repayable to that government by or on behalf of the Government of Malta, on account of a distressed seaman or apprentice, either for his maintenance, necessary clothing, conveyance to a proper return port or, in case of death, for the repatriation of the deceased and his burial, or otherwise in accordance with this Act, those expenses (together with the wages, if any, due to the seaman or apprentice) shall be a charge upon the ship, whether Maltese or foreign, to which the distressed seaman or apprentice belonged, and shall be recoverable as a debt due to the Government of Malta from the master of the ship or from the owner of the ship for the time being or the bareboat charterer or, where the ship has been lost, from the person who was the owner of the ship at the time of the loss or, where the ship has been transferred to some person not being a Maltese citizen or not being a body corporate established under the laws of Malta, either from the owner for the time being or from the person who was the owner of the ship at the time of the transfer, and also, if the ship is a foreign ship, from the person who, whether as principal or as agent, engaged the seaman or apprentice for service in the ship.
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(2)In any proceedings for such recovery, a certificate of the expenses signed by the person defraying the expenses together with such vouchers (if any) as the case requires, shall be sufficient proof that the said expenses were duly paid.
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(3)For the purposes of this article, \"excepted expenses\" are expenses incurred in cases where the certificate obtained under this Act on leaving a seaman or apprentice behind states, or the Minister is otherwise satisfied, that the cause of the seaman or MERCHANT SHIPPING apprentice being left behind is desertion, disappearance, imprisonment for misconduct or discharge from his ship by a competent court on the ground of misconduct, and expenses incurred on account of the return to the proper port of a distressed seaman or apprentice who has been discharged at the port at which he was shipped or at some neighbouring port.
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Art. 166
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166.A person belonging to a Maltese ship shall not wrongfully force a seaman or an apprentice on shore and leave him behind or otherwise cause a seaman or an apprentice to be wrongfully left behind at any place, either on shore or at sea, and if he does so he