Section 106: Endorsement

106. Endorsement (1) An order that the particulars of a conviction or of a disqualification to which the convicted person has become subject are to be endorsed on the skipper's licence held by the offender shall, whether the offender is at the time the holder of a skipper’s licence or not, operate as an order that any skipper's licence he may then hold or subsequently obtain shall be so endorsed until he becomes entitled, under this section, to have a skipper’s licence free from endorsement issued to him. (2) (a) Where an order is made requiring a skipper’s licence held by an offender to be endorsed, the offender shall— (i) where he is at the time the holder of a skipper’s licence, produce, if the Court so orders, the skipper’s licence within 5 days or such longer time as the Court may determine, for the purpose of endorsement; and (ii) where he is not the holder of a skipper’s licence but subsequently obtains a skipper’s licence, within 5 days after obtaining the skipper’s licence, produce it to the Court for the purpose of endorsement. (b) Any person who contravenes paragraph (a) shall commit an offence and, where the skipper’s licence is not produced for the purpose of endorsement within the period specified under paragraph (a), it shall be suspended from the expiry of that period until it is produced for the purpose of endorsement. (3) On the issue of a new skipper’s licence to any person, the particulars endorsed on a previous skipper’s licence held by him shall be copied on the new skipper’s licence, unless he has previously become entitled, under this section, to have a skipper’s licence free from endorsement issued to him. (4) Any person— (a) whose skipper’s licence has been ordered to be endorsed; and (b) who has not previously become entitled, under this section, to have a skipper’s licence free from endorsement issued to him, who applies for or obtains a skipper’s licence without giving particulars of the order, shall commit an offence and shall, on conviction, be liable to a fine [Issue 4] T11 – 54 Revised Laws of Mauritius of not less than 3,000 rupees and not exceeding 25,000 rupees and to imprisonment for a term not exceeding 6 months and the skipper’s licence which he has obtained shall be of no effect. (5) (a) Where an order has been made in respect of a person under this Part requiring the endorsement of a skipper’s licence held by him, he shall be entitled, on applying for the grant of a skipper’s licence under this Part, or on payment of the prescribed fee and the surrender of any subsisting skipper’s licence, to have issued to him a new skipper’s licence free from endorsement— (i) where he has, during a continuous period of 3 years or more since the order was made, had no order made against him, or no order, other than an order made more than one year before the date of his application and by reason only of a conviction for the offence of operating a pleasure craft at speed exceeding a prescribed speed limit; or (ii) where the order was made by reason only of a conviction under subparagraph (i) and immediately before the order was made, he was the holder of, or was entitled to have issued to him, a skipper’s licence, free from any endorsement, other than that of particulars in relation to the conviction if he has during a continuous period of one year or more since the order was made, had no order requiring endorsements made against him. (b) In reckoning the continuous period of 3 years and one year respectively und e order was made by reason only of a conviction under subparagraph (i) and immediately before the order was made, he was the holder of, or was entitled to have issued to him, a skipper’s licence, free from any endorsement, other than that of particulars in relation to the conviction if he has during a continuous period of one year or more since the order was made, had no order requiring endorsements made against him. (b) In reckoning the continuous period of 3 years and one year respectively under paragraph (a), any period during which the applicant was, by virtue of the order, disqualified from holding or obtaining a skipper’s licence shall be excluded. (6) (a) Where— (i) a Court orders particulars to be endorsed on a skipper’s licence held by a person; or (ii) by a conviction or order of a Court, a person is disqualified from holding or obtaining a skipper’s licence, the Court shall send notice of the conviction or order to the Authority. (b) Where a person is disqualified under paragraph (a), the Court shall also, on the production of the skipper’s licence for the purpose of endorsement, retain the skipper’s licence and forward it to the Authority. (c) The Authority shall keep the skipper’s licence until— (i) the disqualification has expired or been removed; and (ii) the person entitled to the skipper’s licence has made a demand in writing for its return to him. (d) Where the disqualification to which a person has become subject is limited to the skipper’s licence of a particular class or description, the Authority shall forthwith, after receiving the skipper’s licence of that person under paragraph (b), issue to that person a new skipper’s licence. T11 – 55 [Issue 4] Tourism Authority Act (e) The new skipper’s licence shall indicate, in the prescribed manner, the class or description of pleasure craft which the holder of the skipper’s licence is not authorised to operate, and shall remain in force for— (i) the unexpired period of the original skipper’s licence; or (ii) the period of the disqualification, whichever is the shorter. (7) (a) Where on an appeal against an order made under this section, the appeal is allowed or the conviction quashed, the appellate Court shall send notice of the fact to the Authority. (b) The Registrar or other officer of the Court shall, as may be necessary, cancel or amend an endorsement made on the skipper’s licence. [S. 106 amended by s. 29 (b) of Act 38 of 2011 w.e.f. 15 December 2011.]