Merchant Shipping Act (Cap. 234), article 19

19. (1) On completion of the provisional registry of a ship the registrar shall, subject to such conditions as he may deem prop er, grant a provisional cer tificate of registry: Provided that, unless exempted, if the ship is not in possession of valid certificates required by international conventions (including protocols, annexes and appendices theret o) which have been ratified or acceded to or accepted by the Government of Malta and such oth er certificates as the Minister may by regulations prescribe, the registrar shall grant a non- operational provisional certificate: Provided further that unless the requirements for registry have been completed the registrar shall also issue a non-operat ional provisional certificate to any laid up ship qualifying for spec ial treatment under this Act, or to a ship under tow. (2) On completion of registry of a ship the registrar shall gran t a certificate of registry: Provided that, unless otherwise exempted, if the ship is not in possession of valid certifi cates required by international conventions (including protocols, annexes and appendices theret o) which have been ratified or acceded to or accepted by the Government of Malta and such oth er certificates as the Minister may by regulations prescribe, th e registrar shall issue a non- operational certifi cate of registry: Provided further that if the requirements for registry have been completed the registrar sha ll also issue a non-operational 16 CAP. 234.] MERCHANT SHIPPING certificate of registry to any laid up ship qualifying for spec ial treatment under t his Act, or to a ship under tow. (3) The period of validity of a certificate of registry shall be as follows: (a) if issued within the first twelve months of provisional registry for the remaining period of the said twelve months; or (b) if issued at the expiry of the first twelve months for a period of twelve months: Provided that the registrar, at the request of the owner and on payment of the relative annual fees, may issue a certificate of registry for the combined period of the periods specified in paragraphs ( a) and (b) hereof, so however that the fee specified for the subsequent period of twelve months shall be refunded if the registry of the ship is closed prior to the commencement of suc h period: Provided further, that for ships of 500 gross tonnage and over, if the certificate of regi stry is issued at the expiry of the first twelve months, it may be valid for a maximum period not exceeding five years. (4) Thereafter, all certificates of registry shall be issued for a period of twelve months provided that within a period of three months prior to the expiry of su ch certificate, the registrar, upon the payment of the annual fee, shall issue a renewal certificate of registry in the prescribed form: Provided that for ships of 500 gross tonnage and over, all certificates of registry or the respective renewal certificates of registry may be valid for a maximum period of five years. (5) No certificate may be issued, except in cases of loss or destruction of a certificate, other than on the return of the certificate currently being held by the owner or at the discret ion of the registrar, upon the issue of an undertaking by the owner to return the certificate within a maximum period of one month. (6) A certificate of registry, whe ther provisional or otherwise, issued to a ship in terms of the provisions of this article, ma y be issued subject to such conditions as the registrar may deem pro per and shall include the name and official number of the vessel an d such particulars, if any, as the registrar may deem proper show ing the port of Valletta as the p ort to which she belongs. *(7) For the purpose of this artic le a laid up vessel shall quali fy for special treatment under this Act or any regulations made thereunder if - (a) the registered owner makes a declaration to the effect that the ship is laid up and shall remain laid up for a period of not less than twelve months; and (b) evidence satisfactory to the r egistrar is produced to the *This sub-article is not yet in fo rce as far as its applicabili ty to articles 37A, 37B, 37C and 37D is concerned. M E R C H A N T S H I P P I N G [CAP. 234. 17 effect that the ship is laid up certifying the location where the ship lies: Provided that should the ship be reactivated within six months from the date of the declaration specified in paragraph (a) hereof, the ship shall be deemed not to have been laid up, and the fees payable in accordance with a rticle 7 shall become due in f ull from the date of the declaration: Provided further that should the ship be reactivated after the lapse of six months from the date of declaration specified in paragraph ( a) hereof the fees payable under article 7 shall be payable from the lapse of the initial six months: Provided further that where a declaration specified in paragraph ( a) hereof is made on a date after the annual fee becomes due, the difference in the fees p ayable had the declaration bee n made on or before the date on wh ich the annual fee becomes due, will be deducted only upon the payment of the next annual fee. Certificate of registry in the name of the charterer. Added by: XXII. 2000.14. Substituted by: L.N. 210 of 2016.