Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 234 · Merchant Shipping Act (Cap. 234)

Cap. 234 Art. 168AProvision of insurance policy. 

PART IV

In KraftAmtlicher Text

(1) Without prejudice to any other interpretation that may be given, other than for the purposes of this article, the terms

"seaman", "seamen", "crew", "member of the crew", "members of the crew", and "crew member" shall include a master of a ship and any other person serving on a ship.

(2) Subject to the provisions of this article and to other provisions of this Act, the provisions of the Social Security Act or any enactment replacing that Act, shall not apply in respect of foreign seamen employed on Maltese ships.

(3) The owner shall maintain an insurance policy issued by such insurer or class of insurers approved by the Registrar-General in respect of every member of the crew of his ship to cover:

(a) liability to pay hospital, medical, maintenance, funeral and other expenses incurred in relation to the injury to, or illness or death of, a member of the crew;

(b) liability to repatriate and to compensate a member of the crew for the loss of his employment caused in consequence of the actual or constructive total loss of the ship or of a major casualty rendering the ship unseaworthy and necessitating the signing off of the crew;

(c) liability to pay compensation or damages in accordance with Maltese Law and practice in relation to the injury to, or illness or death of, a member of the crew;

(d) liability for wages payable to an injured or sick member of the crew or on death to his estate;

(e) liability in respect of loss of or damage to the personal effects of a crew member.

(4) The Minister may make regulations as appear to him to be necessary regulating the maintenance of an insurance policy as required by sub-article (3) and the compensation to be paid in case of injuries or death sustained by members of the crew.

(5) In the case of a Maltese member of the crew, no benefits under the Social Security Act or any enactment replacing that Act, shall be forfeited because any compensation as is mentioned under sub-articles (3) and (4) is granted to the crew member or his survivors.

(6) 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.

Provisions as to discipline