Cap. 234 ст. 248Exemption of certain ships from certain provisions of this Act.

(1) Nothing in the foregoing provisions of this Part of this Act -

(a) prohibiting or preventing a ship from proceeding to sea unless there is in force in relation to the ship, or are produced, the appropriate certificates issued by the Minister under the aforesaid provisions or the appropriate accepted Safety Convention certificates;

(b) conferring powers on a surveyor of ships for the purpose of verifying the existence, validity or correctness of a Safety Convention certificate or that the conditions on which such certificate was issued are complied with;

(c) imposing a penalty for the contravention of any rules relating to openings in ships’ hulls and watertight bulk heads, shall apply to any ship of war, troopship, pleasure yacht or fishing vessel, or to any ship of less than five hundred tons gross tonnage other than a passenger ship, or to any ship not propelled by mechanical means:

Provided that this sub-article shall not prevent the application -

(i) to any ship of three hundred tons gross tonnage or upwards of so much of the provisions mentioned in paragraphs (a) and (b) as relates to certificates issued under article 221 or equivalent accepted Safety Convention certificate;

(ii) to any ship to which article 207, by virtue of paragraph (b) of sub-article (2) thereof, applies and which is registered under this Act, of so much of the provisions mentioned in paragraph

(a) as relates to certificates issued under article 219, by reason only that she is less than five hundred tons gross tonnage.

(2) Notwithstanding that any of the foregoing provisions of this Part of this Act is expressed to apply to foreign ships while they are within any port in Malta, that provision shall not apply to a ship that would not be within any such port but for stress of weather or any other circumstance that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled.