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Administrative Justice Act (Cap. 490) Consolidated

CHAPTER 490

ADMINISTRATIVE JUSTICE ACT

To provide for Administrative Justice in Malta.

15th June, 2007;
1st January, 2009

ACT V of 2007, as amended by Legal Notices 246 and 334 of 2009, and

337 of 2010; Act VI of 2011; and Legal Notice 326 of 2011.

1. The short title of this Act is the Administrative Justice Act.

PART I
Preliminary Provisions

2. In this Act, unless the context otherwise requires -

"ad mini s t r ativ e act " includ es t h e issuing by th e publi c administration of any order, licence, permit, warrant, authorisation, concession, decision or a refusal to any demand of a member of the public, bu t does not include any measure intended for internal or g a nisati on or admi nist rati on with in the sai d pu bli c administration;
"Administrative R eview Tr ibunal" means the Administrative
Review Tribunal established by article 5(1);
"administrative tribunal" means a tribunal listed in the First
Schedule;
"the Minister" means the Minister responsible for justice;
"p rinciples of g ood admi nist rative behaviour" means t h e principles of good administrative behaviour listed in Part II of this Act;
"publ ic admini s t r atio n" mean s t h e Government of Malta, including its Ministries and departments, local authorities and any body corporate established by law;
" t he Se cre t a r y" me ans t h e Sec r et ary of t h e Admin is tra tive
Review Tribunal.

Short title.

Interpretation.

PART II
Administrative Tribunals

3. (1) In their relations with the public, administrative t r i bunals shall respect and a pply the p r incip l es of goo d administrative behaviour laid down in this Part of this Act.

(2) The principles of good administrative behaviour include the following:
(a) an administrative tribunal shall respect the parties’ right to a fair hearing, including the principles of natural justice, namely:
(i) nemo judex in causa sua, and
(ii) audi et alteram partem;

General provision applicable to administrative tribunals.

(b) the time within which an administrative tribunal shall take its decision shall be reasonable in the light of the circumstances of each case. The decision shall be delivered as soon as possible and for this purpose the tribunal shall deliver one decision about all matters involved in the cause whether they are of a preliminary, procedural or of a substantive nature;
(c) an administrative tribunal shall ensure that there shall be procedural equality between the parties to the proceedings. Each party shall be given an opportunity to present its case, whether in writing or orally or both, without being placed at a disadvantage;
(d) an administrative tribunal shall ensure that the public administration makes available the documents and information relevant to the case and that the other party or parties to the proceedings have access to these documents and information;
(e) proceedings before an administrative tribunal shall be adversarial in nature. All evidence admitted by such a tribunal shall, in principle, be made available to the parties with a view to adversarial argument;
(f) an administrative tribunal shall be in a position to examine all of the factual and legal issues relevant to the case presented by the parties in terms of the applicable law;
(g) save as otherwise provided by law, the proceedings before an administrative tribunal shall be conducted in public;
(h) reasons shall be given for the judgment. An administrative tribunal shall indicate, with sufficient clarity, the grounds on which it bases its decisions. Although it shall not be necessary for a tribunal to deal with every point raised in argument, a submission that would, if accepted, be decisive for the outcome of the case, shall require a specific and express response.

Power of Minister to make regulations to implement provisions of this Part.

4. The Minister may make regulations to implement and to give better effect to the provisions of this Part of this Act and may, without prejudice to the generality of the foregoing:

(a) establish the date of entry into force of the provisions of this Part with regard to any administrative tribunals referred to in the First Schedule that the Minister may by regulations specify;
(b) make such amendments, alterations, deletions, repeals, corrections, changes and modifications to any primary law or subsidiary law for the purpose of bringing such primary law or subsidiary law in conformity with the provisions of this Part of this Act and may from time to time update the list of administrative tribunals listed in the First Schedule.
PART III
The Administrative Review Tribunal

5. (1) There shall be set up in accordance with the provisions of this Part of this Act, an independent and impartial tribunal, to be known as the Administrative Review Tribunal, for the purpose of reviewing administrative acts referred to it in accordance with this Act or any other law, and for the purpose of exercising any other jurisdiction conferred on the Administrative Review Tribunal by or under this or any other law, whether before or after the coming into force of this Act.

(2) The Administrative Review Tribunal shall have jurisdiction to review administrative acts.

Administrative

Review Tribunal.

6. The Administrative Review Tribunal shall comply with the principles of good administrative behaviour laid down in article 3.

7. The Administrative Review Tribunal shall be competent to review administrative acts of the public administration on points of law and points of fact. It shall also be competent to decide disputes referred to it unless any court or other administrative tribunal is already seized of such dispute.

8. (1) The Administrative Review Tribunal shall consist of a

Chairperson who shall preside over the Tribunal.
(2) The President of Malta, acting on the advice of the Prime Mini ster, may appoint more than one Chairperson to sit on the Administrative Review Tribunal, but only one Chairperson shall sit in any one case.
(3) A Chairperson who is an ex-Judge or an ex-Magistrate shall be appointed for a term of four years and shall vacate his or her office at the expiration of the term of the said appointment.
(4) A Chairperson shall be a person who holds, or has held, the office of a judge or of a magistrate in Malta.
(5) During the tenure of office, a Chairperson may not be removed except in the same manner and on the same grounds as a magistrate may be removed.
(6) In the exercise of his or her function, a Chairperson shall not be subject to the direction or control of any other person or authority.
(7) Upon his or her appointment, a Chairperson shall take an oath to examine and decide the cases brought before him or her with impartiality, fairness and according to law. The oath shall be taken before the Court of Appeal.
(8) The warrants or orders of the Administrative Review
Tribunal shall be signed by the Chairperson.
(9) The oath to the witnesses shall be administered by the Chairperson or by the Secretary of t h e Adm i nistrative Revi ew Tribunal or such other person as the Chairperson may by order in writing appoint.

Principles which shall guide the Administrative Review Tribunal.

Review of administrative acts.

Constitution of the Administrative Review Tribunal.

(10) A Chairperson shall receive such remuneration as the President of Malta, acting on the advice of the Prime Minister, may by order to be published in the Gazette from time to time prescribe. Such remu neratio n m ay no t b e alt ered to t he d isadv antag e of a Chairperson during his or her period of office.

Sections of the Administrative Review Tribunal.

9. (1) The President of Malta, acting on the advice of the Pri m e Min i ster , may b y or der est a bli s h sect io ns of th e Administrative Review Tribunal and may designate the categories of cases to be assigned to each section; and may by subsequent order amend, revoke or substitute such order.

(2) The President of Malta, acting on the advice of the Prime Minister, shall assign a Chairperson or such Chairpersons to sit in the Administrative Review Tribunal or in a section or such number of sections of the Administrative Review Tribunal and may transfer a Chai rperson from one section o f the Admini s trative Review Tribunal to another.
Cap. 12. (3) The provisions of the Code of Organization and Civil Procedure regarding the abstention and challenge of magistrates shall apply to the abstention and challenge of a Chairperson.
(4) When a Chairperson has been objected to or has abstained from sitting, or is otherwise unable to act, another Chairperson shall be surrogated in his or her stead by the President.

Panels of assistants.

10. (1) In proceedings before it, the Administrative Review Tribunal shall be assisted by two assistants, appointed under this article, whom the Administrative Review Tribunal may consult in any case for its decision.

(2) Such consultation shall take place in open court or in camera and the Administrative Review Tribunal shall not be bound to abide by the opinion of the assistants.
(3) The two assistants shall be appointed by the President of Malta, acting on the advice of the Prime Minister from amongst p e rsons who, i n t h e Pri m e Mini st er ’s opi nio n , have prev iou s exp e rience an d special qualificatio n s i n a p a rticular fiel d of ex pert ise fall ing wit h in the co mpeten ce of the Admi nistrativ e Review Tribunal.
(4) The President of Malta, acting on the advice of the Prime Minister, may appoint panels of assistants depending on the subject matter of the dispute and the Secretary shall select two assistants from each panel for each case.
(5) The President of Malta, acting on the advice of the Prime Minister may, from time to tim e, add to or vary such order to include, remove, fuse together or change existing panels as the case may be.
(6) The President of Malta, acting on the advice of the Prime Minister, may at any time, appoint more than two persons on each panel as assistants of the Administrative Review Tribunal, but only two such persons from each panel shall assist the said Tribunal in any one case.
(7) The office of an assistant of the Administrative Review
Tribunal shall become vacant:
(a) at the expiration of four years from the date of appointment unless such appointment is renewed for a period or further periods of four years; or
(b) following removal from office in the same manner and on the same grounds as a magistrate may be removed from office; or
(c) following a written request addressed to the Prime
Minister to that effect by such assistant.
(8) The assistants of the Administrative Review Tribunal may ab stain or be challenged in the same m a nn er and on the sam e grounds as, according to law, a magistrate may abstain or be challenged. An y questi on re garding any cause of abstenti on or challenge shall be decided by the Chairperson.
(9) In the exercise of his or her function, an assistant of the Admin istrativ e Review T r ibun al shall not be sub j ect to the direction or control of any other person or authority other than the Chairperson of the Administrative Review Tribunal.
(10) Upon appointment, an assistant of the Administrative Review Tri bunal sh all take an oat h of office. The oat h sh all be taken before the Chairperson.
(11) An assistant of the Administrative Review Tribunal shall receive such remuneration as the President of Malta, acting on the advice of the Prime Minister, may by order to be published in the Gazette from time to time prescribe. Such remuneration may not be altered to the disadvantage of an assistant during his or her period of office.

11. (1) The Administrative Review Tribunal shall hold sittings in Malta and in Gozo at such regular intervals as may be necessary to expedite its business. The day and time of each sitting shall be determined by the Chairperson.

(2) The Minister shall, by notice in the Gazette, determine the buildings where the Administrative Review Tribunal shall sit in Malta and in Gozo.
(3) Unless otherwise exempted by the Chairperson, assistants of the Administrative Review Tribunal shall attend for all sittings of the said Tribunal.

Sittings of the Administrative Appeals Tribunal.

12. (1) The Minister may by regulations establish the Registry of the Administrative Review Tribunal and the functions thereof, and by the same regulations may also appoint such officers as may be necessary for the operation of the said Tribunal. All the records of the Administrative Review Tribunal shall be filed in the Registry referred to in this subarticle.

(2) The records of the Administrative Review Tribunal shall be acce ssible to all persons, and copi es ther eof shall be given on payment of the prescribed fee to any person on request.
(3) The records of the Administrative Review Tribunal shall be

Registry of the Administrative Review Tribunal.

Minister by regulations made under this article.

Duties of

Secretary.

Cap. 12.

13. (1) The Secretary to the Administrative Review Tribunal shall be responsible for the running of the Registry. The Secretary shall also perform any other duty which may be incumbent upon him or her under this Act or any rules made thereunder.

(2) The duties of the Secretary shall be carried out in accordance with the provisions of the Code of Organization and Civil Procedure.

Appearance before the Administrative Review Tribunal.

14. (1) The parties may appear before the Administrative Review Tribunal in person or be represented through an advocate, a legal procurator or another person.

(2) The parties may be assisted by an advocate, a legal procurator or by another person.

Procedure before the Administrative Review Tribunal. Cap. 12.

15. (1) The provisions of articles 21, 22 and 23 of the Code of Or ganization and Civi l Procedure shall appl y before t h e Administrative Review Tribunal.

(2) Proceedings before the Administrative Review Tribunal shall be commenced by the filing of an application. The applicant shall file an application in the Registry o f the Administrative Review Tribunal. The said application shall contain:
(a) a clear and correct statement of the subject-matter and the cause of the claim;
(b) the claim or claims;
(c) a clear and detailed statement of the facts of the case of which the applicant may be aware;
(d) the name of witnesses the applicant intends to produce, including the subpoena of the other party, stating in respect of them the proof the applicant intends to establish by their evidence; and
(e) the remedy being requested, with costs against the public administration.
(3) The application shall be served on the public administration no t later than five working days from i t s d a t e o f fil i ng. The provisions of article 3 in so far as they concern the expeditiousness of proceedings shall be observed in so far as the reply is concerned.
(4) The public administration shall file the reply within twenty days from the date of service of the application, unless it intends to admit the claim.
(5) When the public administration intends to admit the claim, wholly and unconditionally, it shall file a note to that effect. Once the applicant declares, by means of a note filed within twenty days from service of the public administration’s admission of claim, that
he is satisfied with the rem e dy granted by the public ad mi nistrati on, t h e Tr ibu n al shall abst ain from tak i ng fu rt her
cognizance of the case.
(6) If the applicant is not satisfied with the remedy granted by
the respond ent, whet her in full or in part , or if the p ubli c adm i ni st rat i on in tend s to c ontes t the claim wholly and un condition a lly, the pu blic adm i nistration shall file a rep l y containing:
(a) any such pleas as would be taken to be waived if not raised before the contestation of the suit;
(b) a clear and correct statement of the pleas on the merits of the claim or claims and referring to the provisions of the law in terms of which the decision was taken;
(c) a clear and detailed statement of facts of the case of which the public administration is aware, denying, admitting or explaining the circumstances of fact set out in the applicant’s application;
(d) the name of the witnesses which the applicant intends to produce, including the subpoena of the other party, stating in respect of each of them the proof he/she intends to establish by their evidence;
(e) a request that the public administration be non-suited with costs against the applicant.
(7) Where the claim is contested, the Tribunal shall appoint the case for hearing.
(8) The Tribunal shall, subject to the provisions of this Act or any ot her ap plicabl e law regulati ng t h e Tr i bunal’s proced ure, regulate its own procedure.

16. (1) The Minister may make regulations to implement and to give better effect to the provisions of this Part of this Act and may, without prejudice to the generality of the foregoing, establish the date of entry into force of the provisions of this Part of this Act with r e gard to the pub lic admi nistratio n and adm i nistrati ve tribunals that the Minister may by regulations specify.

(2) The Minister may also make regulations for the better fu ncti oni ng of t h e A d m i ni strativ e Rev i ew Tr i b u n al and ma y, without prejudice to the generality hereof, make regulations:
(a) setting out the procedure before the Administrative
Review Tribunal;
(b) setting out the procedure in appeals from the decisions of the Administrative Review Tribunal;
(c) establishing the forms that are to be used in proceedings before the Administrative Review Tribunal;
(d) establishing the forms that are to be used in proceedings in appeals from the Administrative Review Tribunal;
(e) establishing rates of costs in proceedings before the
Administrative Review Tribunal;
(f) establishing the fees that may be due to the Registry of the Administrative Review Tribunal;

Minister to make regulations to implement provisions of this Part.

legal procurators and other persons representing or appearing before the Administrative Review Tribunal;
(h) setting out the duties of Secretary in relation to the
Administrative Review Tribunal;
Cap. 12. (i) establishing which provisions of the Code of Organization and Civil Procedure, if any, not mentioned in this Act, are to apply to the procedure before the Administrative Review Tribunal;
(j) prescribing anything that may or is to be prescribed in accordance with this Part of this Act.

Service of judicial acts.

Cap. 12.

Benefit of legal aid.

Cap. 12.

Administrative expenses of the Administrative Review Tribunal.

Powers of the Administrative Review Tribunal. Cap. 12

17. The service of judicial acts in terms of this Part of this Act shall be carried out in such manner as is provided for the service of jud i cial acts in the Code of Organization and Civil Procedure, unless the Minister shall, by regulations made under this article, otherwise provide.

18. The provisions of the Code of Organization and Civil Procedure relating to the benefit of legal aid shall apply to parties to proceedings before the Administrative Review Tribunal, being persons entit led to such benefit with in the meanin g of t hose provisions.

19. The expenses in connection with the administration of the Administrative Review Tribunal and the remuneration due to the Chairperson and the assistants of the panel, shall be paid out of the Consolidated Fund w ithout the neces sity of any further appropriation.

20. (1) The Administrative Review Tribunal shall have all su ch p o we rs a s are , by t h e Code of Or g a ni zation and Civil Procedure, vested in the First Hall of the Civil Court.
(2) The enforcement of the decisions of the Administrative Review Tr ibunal in the manner prov ided for in th e Code of Organization and Civil Procedure, shall vest in the Administrative Review Tribunal itself.
(3) The Administrative Review Tribunal may, through its Chairp erson , su mmon any perso n to appear bef o re it and giv e evidence and produce documents, and the Chairperson shall have the power to administer the oath.

Minister to make regulations to implement provisions of this Part of this Act.

21. The Minister may make regulations to implement and to give better effect to the provisions of this Part of this Act and may, w ith out pr eju dice to the gener ali ty of th e f oreg oin g mak e such amendments, alterations, deletions, repeals, corrections, changes and m odificati ons to any law or reg u latio n for the purpo se of bringing such law or regulation in conformity with the provisions of this Part of this Act.

PART IV
Appeals from decisions of the Administrative Review Tribunal

Right of appeal. 22. (1) Any party to the proceedings before the

Administrative Review Tribunal who feels aggrieved by a decision
of t he sai d Trib unal, may ap peal to the Cour t of App eal si tting either in its superior or in its inferior jurisdiction.
(2) The Court of Appeal competent to hear and determine an appeal from a deci sion of the Adm ini strat ive Appeal s Tri bunal shall be that established in the Second Schedule:
Provided that the Minister may make regulations to implement and to give better effect to these provisions of this Part of this Act and may, without pr ejudice to the generality of the foregoing, make such amendments, alterations, deletions, repeals, corrections, changes and modifications to the Second Schedule and to any primary law or subsidiary law for the purpose of bringing such Schedule or primary or subsidiary law in conformity with the provisions of this Part of this Act and may from time to time add any other reference to legislation to the Second Schedule which is not mentioned in the said Second Schedule.
(3) Such appeal shall be brought before the Court of Appeal by means of an application filed in the Registry of that court within twenty days from the day on which the decision of the court was delivered.
(4) The said application of appeal shall be accompanied together with the payment of an all inclusive Registry appeal fee as may be prescribed by the Minister responsible for justice in consultation with the Minister responsible for finance. Such fee shall cover all Registry fees, including those taxed by the Registrar, Civil Courts and Tribunals, when final judgement is read out in open court.
(5) When there are two parties, the appeal shall be lodged in duplicate by means of an application. Where there are more than two p a rties to an appeal b e fore t h e Adm i nistrative Revi ew Tribunal, the application of appeal shall be lodged in such number of copies as there are parties to that appeal.
(6) The application of appeal shall be filed in the competent
Registry in terms of the Code of Organization and Civil Procedure.
(7) The Registrar, Civil Courts and Tribunals, shall, on receipt of the application of appeal, serve a copy of the said application of appeal on the other party or parties.
(8) The respondent or respondents shall file their reply to the appeal within twenty days of service of the appeal. Such replies shall be accompanied together with the payment of an all inclusive Registry fee as may be prescribed by the Minister responsible for justice in consultation with the Minister responsible for finance. Such fee shall cover all Registry fees, including those taxed by the Registrar, Civil Courts and Tribunals, when final judgement is read out in open court.
(9) When an appeal is lodged to the Court of Appeal as aforesaid, that appea l and the re p l y o r rep lies theret o sh all be referred by the Registrar, Civil Courts and Tribunals, to the Court of Appeal.

Cap. 12.

23. (1) The Court of Appeal shall have the power, in its

Powers of the

Court of Appeal.

ju dgement , t o confirm , revoke o r alter the d e ci sio n appealed against and to give such directions as it may deem appropriate.
Cap. 12. (2) The provisions regulating the Court of Appeal in the Code of Organi zatio n and Civil P r o cedur e shall apply to the Court of Appeal when hearing appeals from decisions of the Administrative Appeals Tribunal.
(3) Subject to the foregoing provisions and of any applicable law, the Court of Appeal shall regulate its own procedure.

Saving and transitory provision.

PART V
Miscellaneous Provisions

24. (1) On the entry into force of Parts III and IV of this Act, all pending proceedings before those persons , bodie s or administrative tribunals which were competent prior to the coming into force of article 25 shall be assigned to th e Administr ative Review Tribunal for determination and shall be regulated by the provisions of the said Parts III and IV of this Act; and the Minister may establish different dates for the entry into force of Parts III and IV o f thi s Act wi th regard t o th e d i ff eren t persons, b odies or administrative tribunals referred to in article 25.

(2) Nothing in subarticle (1) shall invalidate any procedure wh et her wr itten or o r al wh ich m ay have been m a de befo re the coming into force of this Act and which was valid according to the law in force on the date when made.
(3) The Administrative Review Tribunal shall draw up and deliver such decrees which might be necessary to regulate those undecided proceedings which hitherto were pending before the persons, bo dies and adm i nistrative trib unal s m e n tioned in subarticle (1) prior to the date of entry into force of this article and which have on the date of the entry into force of this article been assigned to the Administrative Review Tribunal so that the latter may bring these proceedings in line with the provisions of Part III of this Act:
Provided that, notwithstanding the provisions of this art i cle, pro c eeding s pendi ng before th e per s o n s, bo dies and administrative tribunals mentioned in subarticle (1) which have been put off for judgment or for final oral or written submissions on the date of the entry into force of this article, shall continue to be heard and decided by those persons, bodies and administrative tribunals and not by the Administrative Review Tribunal.
(4) Without prejudice to the generality of subarticle (1), one or more of the Chairpersons ordinarily sitting in the Administrative Revi ew Tr i bunal or in a sect ion or secti ons th ereof, shall take cognizance of all proceedings pending before the persons, bodies or adm inistrat ive tribunals m entioned in th at su barticle w hich are reassigned to the Administrative Review Tribunal. The Secretary of the Administrative Review Tribunal shall ensure that all pending proceedings lodged from decisions of the public administration hitherto being heard by any person, body or administrative tribunal m e nt io ned in sub a rt icle (1 ) are ref e r r ed to t h e sect io n o f the Administrative Review Tribunal which would be taking cognizance
of the said proceedings.
(5) Appeals lodged to the Court of Appeal from any decision of any person, body or administrative tribunal prior to the entry into force of article 25 shall continue to be heard by the said Court until they are so determined, and the p r ovisi ons of the Co de of Organization and Civil Procedure shall continue to apply thereto.

Cap. 12.

25. (1) This provision shall have effect subject to the provisions of article 24.

(2) The Administrative Review Tribunal shall henceforth have jurisdictio n in li eu of th e persons, bodi es and adm i nistrati ve tribunals mentioned in the laws listed in the Third Schedule* prior
to the entry into force of this article.

Jurisdiction.

*Omitted under the Statute Law Revision Act, 1980. Amendments therein have been inserted in the relative legislation.

Amended by:| VI. 2011.167; L.N. 326 of 2011

FIRST SCHEDULE [Article 4]
List of Administrative Tribunals Respecting the Principle of Good Administrative
Behaviour
Part A - Primary Legislation

Chapter

Number

Name of Law Provision

Number

Name of Administrative Tribunal

3 Marriage Legacies Act 3 Commission

45 Lepers Ordinance 2(8) Board

69 R e letting of U r ban Prop erty

(Regulation) Ordinance

81 Utiliti es & Se rvic es (Regulation of certain works) Act

85 Agricultural Produce

(Export) Ordinance

88 Land Acqu isitio n Pu blic

Purposes Ordinance

94 Departme nt of Health

(Constitution) Ordinance

110 Developed Land Va luation

Ordinance

16 Rent Regulation Board

4 Refers to the Communications Appeal Board established by the Malta Communications Authority Act

18 Board of Reference (set up under sub s idiary legislation SL 85.01 regulation 27)

23 Land Arbitration Board

44 General Services Board

9 Board of Spe c ial Comm issioners for

Land Valuation

117 Supplies and Services Act 3(1)(e) Bo ard s or T r ib un als set up un der subsidiary legislation to take cognisance of offences

125 Housing Act 8(6) and

12(1)

Refers to Rent Regulation Board

164 Police Act 48 Police Board

171 Port Workers Ordinance 10 and 12 Ports Disputes Board

179 Enemy Property Act 4 Board of Custodians

199 Agricultural L eas es

(Reletting) Act

5 Rural Leases Control Board

204 Central Bank of Malta Act 36A Financial Services Tribunal

210 Disabled Persons

Employment Act

214 Public Transport (Regulation of Employment) Act

13 Appeal to the ‘authority’ set up under subsidiary legislation

3 Pub l ic T ransport Labour Board established by article 30 of the Malta Transport Authority Act

217 Immigration Act 25A Immigration Appeals Board

218 Civil Aviation (Air Operators

Certificate) Act

9 Aviation Safety Board

254 Post Office Act 28 Communications Appeals Board

262 Mental Health Act 38 Mental Health Review Tribunal

288 Building (Price Control) Act 9 Building Price Control Tribunal

291 Commissioners for Justice

Act

3 Commissioners for Justice

308 Partition of Inheritances Act 4 Partition of Inheritances Tribunal

318 Social Security Act 107 and

128

Umpire

Chapter

Number

Name of Law Provision

Number

Name of Administrative Tribunal

325 Business Promotion Act 28 Appeals Board

327 Education Act 42 Scholastic Tribunal

330 Ma lt a Fi nancia l S e rvi ces

Authority Act

21 Financial Services Tribunal

331 Trusts and Trustees Act 55 Financial Services Tribunal

332 Ma lt a Tr a n sp or t Au th or it y

Act

30 Public Transport Labour Board

334 Malta Freeports Act 29(2) Appeals Board constituted under article

28 of the Business Promotion Act

337 Import Duties Act 9 Customs Valuations Appeals Board

343 Employment and T r aining

Services Act

3 National Employment Authority

345 Financial Markets Act 42 Financial Services Tribunal

356 Development Planning Act 15 Planning Appeals Board

364 Du ty o n Docu ment s and

Transfers Act

57 Board of Spec ial Commi ssi o ners for

Duty on Documents and Transfers

370 Investment Services Act 19 Financial Services Tribunal

371 Banking Act 10 Financial Services Tribunal

372 Income Tax Management Act 34 Board of Spec ial Commi ssi o ners for

Income Tax purposes

376 Financial Institutions Act 21 Financial Services Tribunal

378 Consumer Affairs Act 16 Consumer Claims Tribunal

380 Small Claims Tribunal Act 3 Small Claims Tribunal

383 Controlled Companies (Procedures for Liquidations) Act

389 Privat e Guards and Loca l

Wa rdens Act

7 Appeals Board

11 Commissioner

395 Customs and Excise Tax Act 47 Excise Tax Tribunal

399 Electronics Communications (Regulation) Act

16 Communications Appeals Board

403 Insurance Business Act 35 Financial Services Tribunal

406 Value Added Tax Act 43 Value Added Tax Appeals Board

409 Mal t a T r avel and To urism

Services Act

13 Tourism Appeals Board

420 Refugees Act 5 Refugees Appeals Board

423 Ma lta Resource s Authorit y

Act

424 Occupat i onal Healt h and

Safety Authority Act

32 Resources Appeals Board

21 Occupational Health and Safety Appeals

Board

435 Environment Protection Act 16 Appeal to the Planning Appeals Board established under Cap.356

436 Wine Act 4 Appeals Board

440 Data Protection Act 48 Data Protection Appeals Tribunal

441 Trading Licences Act 8 Licensing Appeals Board

442 Co-operative Societies Act 3 Co-operatives Board

447 Producer Organisations Act 18 Producer Organisations Appeals Board

Number

450 Spec ial Funds (Regulat ion) Act

451 M u tu al R e c o gn iti on of

Qualifications Act

452 Employment and Industrial

Relations Act

Number

54 Financial Services Tribunal

7 Mutual Reco gnition of Qualifications

Appeals Board

73 Industrial Tribunal

455 Sports Act 47 Sports Appeals Board

458 Medicines Act 21 Appeal to the Medicines Review Board from findings of th e Medicines Authority

473 Eco-Contribution Act 26 Eco-Contribution Appeals Board

476 Preventi on of Financ ial

Markets Abuse Act

23 Financial Services Tribunal

484 Securitisation Act 19(14) Financial Services Tribunal

487 Insurance Intermediaries Act 2 Financial Services Tribunal

. Repealed by Act XV of 2009.
Part B - Subsidiary Legislation

Subsidiary Legislation/ Legal Notice

Number

Name of Subsidiary Law Provision

Number

Name of Administrative Tribunal

GN 430 of 28

September

1937

Cinema an d S t age

Regulations

42 Board of Film and Stage Censors

SL 33.04 Civil Explosives Regulations Second

Schedule,

paragraph

5 of 1.

Module B

This regulation states that provision must be made for an appeal

SL 85.01 Potato Export Regulations 27 Board of Reference

SL 128.02 L i cences P r ocedures

Regulations

SL 174.02 Public Service

(Procurement) Regulations

SL 174.04 Pub l ic Procurement

Regulations

SL 254.12 Pos t al Servic es Appeal s Board (Rules of Procedures) Regulations

6 Police Licences Appeals Tribunal

15 Public Contracts Appeals Board

34 Public Contracts Review Board

- Postal Services Appeals Board

SL.260.03 Prison Regulations 79 Appeals Tribunal

SL 291.04 Petitions (Loc al Tr ibunals) Regulations

3 Petitions Board

SL 327.85 Assessment Test Regulations 6 University Disciplinary Board

SL 458.23 Licensing of Private Medical

Clinics Regulations

SL 458.25 Licensing of Private Medical Diagnostic Laboratories Regulations

5(2) Tribunal

5(2) Tribunal appointed under regulation

5(2) of the Li censing of Pri v at e

Medic a l Clinics Regulat i ons (SL

458.23)

Subsidiary Legislation/ Legal Notice Number

Name of Subsidiary Law Provision

Number

Name of Administrative Tribunal

SL 499.32 Placing of Billbo a rds and Adver t ising on the Road Regulations

9A Authority for Transport in Malta

SECOND SCHEDULE Amended by:

L.N. 246 of 2009;

Competence of the Court of Appeal
[Article 22 (2)]

Title of Law Reference Number of the Law

L.N. 334 of 2009; L.N. 337 of 2010.

Competence of the

Court of Appeal

Spirits Ordinance Cap 41 Inferior Competence Lepers Ordinance Cap. 45 Inferior Competence Agricultural Produce (Export) Ordinance Cap. 85 Inferior Competence Supplies and Services Act Cap. 117 Inferior Competence Income Tax Act Cap. 123 Inferior Competence Enemy Property Act Cap. 179 Inferior Competence Accountancy Profession Act Cap. 281 Inferior Competence Engineering Profession Act Cap. 321 Inferior Competence Import Duties Act Cap. 337 Inferior Competence

Duty on Documents and Transfers Act Cap. 364 Inf e ri or Co mpe t ence : where the total amount of duty payable in dispute at the time when the appeal was lodg ed before the Tribunal is less than one million and one hundred and sixty- fiv e th ousand euro (€1,165,000); and

S u perior Competence: where the total amount of duty payable in dispute at the time when the appeal was lodg ed before the Tribunal is of one million and one hund red and sixty-five thousand euro (€1,165,000) or more

of the Law

Court of Appeal

Income Tax Management Act Cap. 372 S u perior Competence: where the total amount of tax, additional tax, fi ne s and interest in dispute at the time when the appeal was lo dged before the Administrative Rev i ew Tribunal or the Board of Speci al Comm issi one r s, as the case may be, is of

one milli on a n d one hu ndr ed an d sixty-f i ve thousan d euro (€1,165,000) or more; and

Inferior Competence:

where the total amount of

tax, additional tax, fi ne s

and interest in dispute at

the time when the appeal

was lo dged before the

Administrative Rev i ew

Tr ib un a l or the Board of

Speci al Comm issi one r s,

as the case may be, is less

than one million and one

hu ndr ed and six t y- five

thousan d eu ro

(€1,165,000)

Excise Duty Act Cap. 382 Inferior Competence Periti Act Cap. 390 Inferior Competence Wine Act Cap. 436 Inferior Competence Animal Welfare Act Cap. 439 Inferior Competence Co-operatives Societies Act Cap. 442 Inferior Competence Cinema and Stage Regulations SL 10.17 Inferior Competence Civil Explosives Regulations SL 33.04 Inferior Competence

Importation of Dogs and Cats Regulations SL 36.42 Inferior Competence

Motor Vehicles (Carriage of Goods By Road) Regulations

SL 65.19 Inferior Competence

National Malta Library Regulations SL 92.03 Inferior Competence Malta Public Library Regulations SL 92.06 Inferior Competence Control of the Sale of Eggs Regulations SL 117.17 Inferior Competence

Control of Kerosene Regulations SL 117.18 Inferior Competence

Exemption from Motor Vehicles Registration Ta x Rules
Registration and Licensing of Motor Vehicles
Regulations
Airport (Groundhandling Services) Regulations

SL 368.01 Inferior Competence SL 368.02 Inferior Competence SL 499.25 Inferior Competence