Cap. 234 Art. 19Certificates of registry, provisional or other. 

(1) On completion of the provisional registry of a ship the registrar shall, subject to such conditions as he may deem proper, grant a provisional certificate of registry:

Provided that, unless exempted, if the ship is not in possession of valid certificates required by international conventions (including protocols, annexes and appendices thereto)

which have been ratified or acceded to or accepted by the

Government of Malta and such other certificates as the Minister may by regulations prescribe, the registrar shall grant a non-operational provisional certificate: Provided further that unless the requirements for registry have been completed the registrar shall also issue a non-operational provisional certificate to any laid up ship qualifying for special treatment under this Act, or to a ship under tow.

(2) On completion of registry of a ship the registrar shall grant a certificate of registry:

Provided that, unless otherwise exempted, if the ship is not in possession of valid certificates required by international conventions (including protocols, annexes and appendices thereto) which have been ratified or acceded to or accepted by the Government of Malta and such other certificates as the Minister may by regulations prescribe, the registrar shall issue a non-operational certificate of registry: Provided further that if the requirements for registry have been completed the registrar shall also issue a non-operational certificate of registry to any laid up ship qualifying for special treatment under this Act, or to a ship under tow.

(3) The period of validity of a certificate of registry shall be as follows:

(a) if issued within the first twelve months of provisional registry for the remaining period of the said twelve months; or

(b) if issued at the expiry of the first twelve months for a period of twelve months:

Provided that the registrar, at the request of the owner and on payment of the relative annual fees, may issue a certificate of registry for the combined period of the periods specified in paragraphs (a) and (b) hereof, so however that the fee specified for the subsequent period of twelve months shall be refunded if the registry of the ship is closed prior to the commencement of such period: Provided further, that for ships of 500 gross tonnage and over, if the certificate of registry is issued at the expiry of the first twelve months, it may be valid for a maximum period not exceeding five years.

(4) Thereafter, all certificates of registry shall be issued for a period of twelve months provided that within a period of three months prior to the expiry of such certificate, the registrar, upon the payment of the annual fee, shall issue a renewal certificate of registry in the prescribed form: Provided that for ships of 500 gross tonnage and over, all certificates of registry or the respective renewal certificates of registry may be valid for a maximum period of five years.

(5) No certificate may be issued, except in cases of loss or destruction of a certificate, other than on the return of the certificate currently being held by the owner or at the discretion of the registrar, upon the issue of an undertaking by the owner to return the certificate within a maximum period of one month.

(6) A certificate of registry, whether provisional or otherwise, issued to a ship in terms of the provisions of this article, may be issued subject to such conditions as the registrar may deem proper and shall include the name and official number of the vessel and such particulars, if any, as the registrar may deem proper showing the port of Valletta as the port to which she belongs. *

(7) For the purpose of this article a laid up vessel shall qualify for special treatment under this Act or any regulations made thereunder if -

(a) the registered owner makes a declaration to the effect that the ship is laid up and shall remain laid up for a period of not less than twelve months; and

(b) evidence satisfactory to the registrar is produced to the

*This sub-article is not yet in force as far as its applicability to articles 37A, 37B, 37C and 37D is concerned. effect that the ship is laid up certifying the location where the ship lies: Provided that should the ship be reactivated within six months from the date of the declaration specified in paragraph (a) hereof, the ship shall be deemed not to have been laid up, and the fees payable in accordance with article 7 shall become due in full from the date of the declaration: Provided further that should the ship be reactivated after the lapse of six months from the date of declaration specified in paragraph (a) hereof the fees payable under article 7 shall be payable from the lapse of the initial six months:

Provided further that where a declaration specified in paragraph (a) hereof is made on a date after the annual fee becomes due, the difference in the fees payable had the declaration been made on or before the date on which the annual fee becomes due, will be deducted only upon the payment of the next annual fee.