Merchant Shipping Act (Cap. 234), article 282

282. (1) Any question as to whether any of the matters specified in relation to a ship in a detention notice in pursua nce of article 281 of this Act in connection with any opinion formed b y the Registrar-General constituted a valid basis for that opinio n shall, if the master, or the owner, or the bareboat charterer o f the ship so requires by a notice given to the Registrar-General within t en days from the service of the detention notice, be referred to t he court of survey. (2) Where a notice is given by the master, or the owner, or the bareboat charterer of the ship in accordance with sub-article ( 1), the giving of the notice shall not su spend the operation of the det ention notice unless, on the applicati on of the person requiring the reference, the court of survey so directs. (3) The court of survey shall have regard, in coming to its decision, to any other matter not specified in the detention no tice which appear to it to be relevant to whether the ship was or wa s not an unsafe ship. (4) Where on a reference under this article the court of survey decides as respects any matter to which the reference relates, that in all the circumstances the matter did not constitute a valid bas is for the Registrar-General’s opinion, it shall either cancel the det ention notice or affirm it with such modifications as it may in the circumstances think fit; and in any other case the court of sur vey shall affirm the notice in its original form. (5) The court of survey shall include in its decision a finding M E R C H A N T S H I P P I N G [CAP. 234. 139 whether there was or was not a valid basis for the detention of the ship as an unsafe ship. (6) Where the owner or master of a foreign ship, being at a port in Malta, appeals to the court o f survey, the consular officer referred to in article 281, on his request, may appoint a compe tent person to be assessor in lieu of the assessor who, if the ship were a Maltese ship, would be appointed o therwise than by the Minister . Compensation in connection with invalid detention of ship. Substituted by: XXII. 2000.90.