Merchant Shipping Act (Cap. 234)

Merchant Shipping Act (Cap. 234), article 367

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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 The provisions of Part III of the said Schedule shall, however, be deemed to have been repealed with effect from the date on which the remuneration or fees payable to surveyors have been fixed by the Minist er under this article.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.

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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.