Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 367
367. (1) For the purposes of this Act, a surveyor of ships is a
person fit to be a surveyor of ships appointed, either generall y or
for specific purposes or on special occasion, by the Minister o r by
organizations or bodies authorised by the Minister in that beha lf,
and such person as aforesaid may be appointed as a ship surveyo r
or as an engineer surve yor, or as both, or as a radio surveyor.
(2) The Minister shall have pow er in respect of surveyors -
(a) to remove any surveyor of ships;
(b) to fix and alter, whether by regulation or otherwise, the
remuneration or fees payable to them in respect of
surveys, inspections or other services rendered by
them;
(c) to regulate the amount and payment of any travelling
or other expenses incurred by them in the execution of
their duties and functions and the person by whom and
the conditions under which the payment of those
expenses is to be made;
(d) to make regulations as to the performance of their
duties and functions and in particular as to the manner
i n w h i c h s u r v e y s a n d i n s p e c t i o n s o f s h i p s a r e t o b e
made and as to the notice to be given by them when
surveys are required.
(3) If a surveyor of ships de mands or receives directly or
indirectly any fee, remuneration or gratuity whatsoever in resp ect
of any duties or functions performed by him under this Act
otherwise than by the direction of the Minister, he shall for e ach
offence be liable to a fine ( multa) not exceeding on e hundred units.
Cap. 13.
(4) Until such time as the Minister has under this article fixed
the remuneration or fees payable to surveyors, Part III of the
Schedule to the Commercial Code shall have effect as if the fees
therein established had been fix ed by the Minister under this
article. The provisions of Part III of the said Schedule shall,
however, be deemed to have been repealed with effect from the
date on which the remuneration or fees payable to surveyors have
been fixed by the Minist er under this article.
(5) ( a) The Minister may make regulations prescribing the
criteria in accordance with whic h organizations or bodies of
surveyors may be recognised for the purposes of this article.
(b) Without prejudice to the provisions of paragraph ( a)
the Minister may by order make a list of organizations or bodie s of
surveyors which are recognised by any other State or any
international body as meeting the minimum criteria as may be se t
out in any regulation made under paragraph ( a) hereof, and may by
a subsequent order, am end, delete or substitute any such order.
(c) Any organization or body appearing on a list as
provided for in paragraph ( b) hereof shall be recognised for the
purposes of this article.
168 CAP. 234.] MERCHANT SHIPPING
Powers of
surveyors.
Amended by:
XIII. 1983.5;
XXII. 2000.2, 96.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.