S.L. 499.23 Art. 38Requisition by the Authority of a commercial vessel in case of stoppage or suspension of service.

(1) In the event of a stoppage or of a suspension for any cause whatsoever of any service on any established route or in any other part of Malta usually served by commercial vessels, which may affect, or be likely to affect the reasonable requirements of the inhabitants of Malta for transport, it shall be lawful for the

Authority to seize and take possession of and use, any commercial vessel and for such purpose to authorise any member of the Authority or other enforcement officer to enter any premises.

(2) The owner of any such commercial vessel, shall receive such compensation in respect of the use thereof as the Authority may, previously or subsequently, fix.

(3) From the decision of the Authority an appeal shall lie to the Court of Appeal. Such appeal shall be entered by an application within four working days from the date on which the decision was given. The application shall be served to the Authority which shall file an answer thereto within four working days. The pleadings on any such appeal shall be deemed to be closed with the answer of the Authority, or at the expiration of the time for such answer.

(4) Any person who shall obstruct or hinder any enforcement officer from taking possession of any commercial vessel, or shall in any way interfere with or incite others to interfere with the use of any vessel requisitioned under the provisions of this section, shall be liable, on conviction, to a fine (multa) of not less than one thousand and five hundred (1,500) euro and not more than twelve thousand (12,000) euro or to imprisonment for a term not exceeding three months.

(5) If any person shall by reason of any requisition in terms of this regulation be prevented from fulfilling any contract, such person shall not be deemed to have thereby committed a breach of contract, but such contract shall be suspended by such requisition so far as its fulfilment is thereby rendered impossible.

Safety and Pollution Prevention