Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971) - Sect 217

Constitution of Court of Survey

217.
(1) A Court of Survey for a port shall consist of a Judge sitting with two assessors.
(2) The Judge shall be such person as is summoned for the case in accordance with rules made under section 220 out of a list approved by the Minister of Magistrates and other fit persons; but in any special case in which the Minister thinks it expedient, after consultation with the Chief Justice, to appoint a Judge of the Supreme Court, such Judge shall be Judge of the Court of Survey.
(3) The assessors shall be persons of nautical, engineering or other special skill and experience.
(4) Subject to sub-section (5), one of the assessors shall be appointed by the Minister, either generally or for the particular case, and the other shall be summoned by the Registrar of the Court of Survey from a list of persons periodically nominated for the purpose by the Chambers of Commerce of such port, in accordance with such rules as aforesaid, or, if there is no such list, shall be appointed by the Judge.
(5) Where the owner or master of a foreign ship appeals to a Court of Survey, the Consular officer for the country to which the ship belongs, acting on the request of such owner or master, or if there is no such Consular officer available the owner or master of such ship, may appoint a competent person to be a member of the Court of Survey in lieu of such person as would (had the ship been a Ceylon ship) have otherwise been summoned by the Registrar or appointed by the Judge under sub-section (4).
(6) The Registrar of the Court of Survey shall be appointed by the Minister, and shall, on receiving notice of an appeal or reference under section 208, immediately summon the Court to meet forthwith, in such manner as may be prescribed by such rules as aforesaid.
(7) The name of the Registrar and his office, together with the rules made as aforesaid relating to Courts of Survey, shall be published in such manner as may be prescribed by such rules.


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