Home | Databases | WorldLII | Search | Feedback Maltese Laws

Medical and Kindred Professions Ordinance (Cap. 31) Consolidated

CHAPTER 31

MEDICAL AND KINDRED PROFESSIONS ORDINANCE

To amend and consolidate the law with respect to the practice of the medical and kindred professions.

1st August, 1901

ORDINANCE XVII of 1901 as amended by Ordinances: V of 1906, VIII of 1921; Act V of

1926; Ordinances: XXIII of 1931, XII of 1932, XII of 1934, VIII of 1936, I and XXVII of 1937, XV, XXX and XLII of 1939, XIII of 1942, I and V of 1944, XLII of 1946; Acts: V and XLVII of

1948, IX of 1949, VIII of 1953, VII of 1955, XXII and XXIV of 1957; Emergency Ordinances: XV of 1958, II of 1959; Ordinances: III of 1959, XXVII and XXX of 1961, XXV of 1962; Act III

of 1962; Legal Notices: 4 of 1963, 46 of 1965; Acts: V, XI and XXVIII of 1967, XXII of 1968,

X, XIV and XXVI of 1969, XXX of 1970, XXXVII of 1972, XVIII of 1973, LVIII of 1974, XXI, XLIX and LVI of 1975; Legal Notice 148 of 1975; Acts: XX and XXII of I976, XVII and XX of

1977, XLIX of 1981, IX and XVI of 1982, XIII and XVI of 1983, V of 1985, XVII of 1986; Legal

Notice 34 of 1986; Acts: XIX of 1987, VIII of 1990; Legal Notices 48 of 1990 and 31 of 1997; Act II of 1998; Legal Notice 79 of 1998; Acts VI of 2000 and VI of 2001; Legal Notice 285 of

2001; Act XXIII of 2001; Legal Notices 38, 209 and 222 of 2002; Act III of 2002; Legal

Notices 212 and 374 of 2003; Acts III and XII of 2003; Legal Notices 135 and 260 of 2006; Act XVI of 2006; Legal Notices 127 and 404 of 2007; Acts XXIV and XXXI of 2007; and Legal

Notices 407 of 2007, and 174 and 423 of 2010.

ARRANGEMENT OF ORDINANCE

First Schedule

Second Schedule

Third Schedule

SCHEDULES

Short title. l. The short title of this Ordinance is Medical and Kindred

Professions Ordinance.

Interpretation.

Added by:

II. 1959. 30.

Amended by:

XXII.1968.37;

XIV.1969.19;

XVIII.1973.18;

XLIX.1981.6;

XVI. 1983.26;

II. 1998.2.

Professions subject to supervision. Amended by:

VIII. 1921.2; V. 1926.2;

XII. 1932.2; XXII. 1957.2; XV. 1958;

II. 1959.2; XXV. 1962; L.N. 4 of 1963;

L.N. 46 of 1965; XXII. 1968.2; XVIII. 1973.2;

XVI. 1983.2,3; XXIII. 2001.62.

Trades subject to sanitary supervisions.

2. Repealed by: XII. 2003.52.

PART I

PRACTICE OF MEDICAL AND KINDRED PROFESSIONS

3. Repealed by: XII. 2003.52.

4. Repealed by: XII. 2003.52.

Amended by: VIII. 1921.3.

Licence to practise medical

profession.

Amended by:

VIII. 1921.4;

XII. 1932.3;

II. 1959.3.

Substituted by:

XVII. 1977.2.

Amended by:

XX. 1977.2;

XVI. 1983.4;

V. 1985.2;

XIX. 1987.2.

Medical Register.

Amended by:

VIII. 1921.5;

XXIII. 1931.2;

XXVII. 1937.2;

VIII. 1953.2;

II. 1959.4;

XXVIII. 1967.2;

L.N. 148 of 1975.

Substituted by:

XVII. 1977.2.

Amended by:

V. 1985.3;

XIX. 1987.3.

PART II

MEDICAL PRACTITIONERS

5. Repealed by: XII. 2003.52.

6. Repealed by: XII. 2003.52.

7. Repealed by: XII. 2003.52.

8. Repealed by: XII. 2003.52.

9. Repealed by: XII. 2003.52.

10. Repealed by: XII. 2003.52.

11. Repealed by: XII. 2003.52.

12. Repealed by: XII. 2003.52.

PART III

VETERINARY SURGEONS

13. (deleted by XXIII. 2001.62.)
14. (deleted by XXIII. 2001.62.)

Duties of licensed medical practitioners. Amended by:

VIII. 1921.6; XXII. 1957.3;

XXII. 1968.3; XVI. 1983.6; XIX. 1987.4;

II. 1998.3.

Medical practitioner not to practise pharmacy. Amended by:

V. 1906.1; XXVII. 1937.3;

II. 1959.6.

Medical practitioners not to have any interest in any dispensary. Amended by:

VIII. 1921.7.

Medical practitioners not to have any interest in any optician’s business.

Added by: XXVII. 1961.3.

Persons authorized to give prescriptions. Amended by:

VIII. 1921.8; XII. 1932.4; XLVII. 1948.2; XXIII. 2001.62.

Form of prescription. Amended by: VIII. 1921.9; XIII. 1942.2; XLVII. 1948.3; V. 1967.2; XVII. 1986.2.

Practice of veterinary surgery. Substituted by:

II. 1959.7. Amended by:

L.N. 46 of 1965; LVIII. 1974.68.

Qualifications for obtaining licence. Amended by: VIII. 1921.10; II. 1959.8;

XI. 1967.2;

L.N. 148 of 1975.

Veterinary Surgeons’ Register. Added by:

II. 1959.9. Amended by: L.N. 46 of 1965;

LVIII. 1974.68; L.N. 148 of 1975.

Veterinary surgeon not to practise pharmacy.

Added by: VIII. 1921.11.

Applicability of article 7. Amended by: VIII. 1921.12. Substituted by: XLIX. 1981.6.

Amended by: VIII. 1921.34; XVI. 1983.2.

Licence to practise as apothecary and pharmacy technician. Substituted by:

II. 1959.10. Amended by:

L.N. 46 of 1965; LVIII. 1974.68;

XVI. 1983.2.

Qualifications for licence to practise as apothecary. Amended by:

VIII. 1921.13; VII. 1955.2;

II. 1959.8;

L.N. 46 of 1965;

XXII. 1968.4;

LVIII. 1974.68;

L.N. 148 of 1975;

XLIX. 1981.6.

Apothecaries’ Register. Added by:

II. 1959.11. Amended by:

L.N. 46 of 1965; XXII. 1968.5;

LVIII. 1974.68; L.N. 148 of 1975; XVI. 1983.2.

15. (deleted by XXIII. 2001.62.)
16. (deleted by XXIII. 2001.62.)
17. (deleted by XXIII. 2001.62.)

PART IV

APOTHECARIES AND PHARMACY TECHNICIANS

18. Repealed by: XII. 2003.52.

19. Repealed by: XII. 2003.52.

20. Repealed by: XII. 2003.52.

21. Repealed by: XII. 2003.52.

22. Repealed by: III. 2003.108.

23. Repealed by: III. 2003.108.

24. Repealed by: III. 2003.108.

25. Repealed by: III. 2003.108.

26. Repealed by: III. 2003.108.

27. Repealed by: III. 2003.108.

28. Repealed by: III. 2003.108.

Qualifications for licence to practise as pharmacy technician. Amended by:

VIII. 1921.14. Substituted by:

V. 1944.2. Amended by:

XLVII. 1948.4; II. 1959.12;

XI. 1967.3;

XXII. 1968.6;

XXXVII. 1972.2;

XLIX. 1981.6;

IX. 1982.2;

XVI. 1983.2,7;

V. 1985.4.

Licence to open a dispensary. Amended by:

VIII. 1921.15. Substituted by:

XVI. 1983.8.

Dispensary to be managed by licensed apothecary. Amended by: VIII. 1921.16; XXVII. 1937.4; II. 1959.12;

XXII. 1968.7; V. 1985.5.

Employment of pharmacy technician. Added by: XLIX. 1975.2. Amended by: XX. 1976.2.

Duties of apothecary. Amended by: VIII. 1921.17. Substituted by: XXII. 1968.8.

Apothecary not to carry on business of dispensary on behalf of medical practitioner, etc. Amended by:

VIII. 1921.18; XXVII. 1937.5; XXIII. 2001.62.

Owner of dispensary may employ one or more apothecaries. Amended by:

VIII. 1921.19; XXI. 1975.3.

Where managing apothecary is ill or absent.

Amended by: XX. 1976.3.

38. Repealed by: III. 2003.108.

39. Repealed by: III. 2003.108.

40. The Minister responsible for public health may, after consulting the Council of Health, and so far as he may consider necessary or expedient for the protection of the public health, make regulations for contro lling t h e manufacture, exp o rtat ion, im portation, possession, distribution and sale of such drugs or chemical products as may be deemed by him to require such control in the public interest, and for preventing their improper use, and in particular but without prejudice to the generality of the foregoing power for -

(a) regulating the issue by the persons mentioned in article
31(1) of prescriptions containing any such drug or chemical product and the dispensing of any such
prescription;
(b) requiring persons engaged in the manufacture, exportation, importation, sale, or distribution of any such drug or chemical product to keep and produce for inspection such books and to furnish such information as may be prescribed; and
(c) requiring and regulating the labelling and marking of any such drug or chemical product and regulating any advertisement thereof.

*40A. (1) The Minister responsible for public health may, after consulting the Council of Health, and so far as he may consider necessary or expedient for the protection of the public health, make regulations for contro lling t h e manufacture, exp o rtat ion, importation, possession, distribution and sale of psychotropic drugs as m ay b e deem ed by hi m to req uir e such con tr ol in th e pu bli c

interest, and for preventing their improper use, and in particular but without prejudice to the generality of the foregoing powers for -
(a) regulating the issue by the persons mentioned in article
31(1) of prescriptions containing any such drug or chemical product and the dispensing of any such prescription;
(b) requiring persons engaged in the manufacture, exportation, importation, sale or distribution of any such drug or chemical product to keep and produce for inspection such books and to furnish such information as may be prescribed;

Sale of poisonous substances. Amended by:

VIII. 1921.27; XIII. 1942.2,3; XXII. 1968.9.

Where the medical substance is for external use. Amended by:

VIII. 1921.28. Substituted by: XXII. 1968.10.

Power of Minister to make regulations for controlling drugs or chemical products.

Added by: V. 1967.3.

Amended by: XLIX. 1975.3.

Psychotropic drugs.

Added by: V. 1985.6.

Amended by: XIX. 1987.13.

*See article 16 of Act V of 1985.

(c) requiring and regulating the labelling and marking of any such psychotropic drug and regulating any advertisement thereof.
(2) For the purpose of this article, the term "psychotropic drug" means any drug or chemical listed in the Third Schedule to this Ordinance.
(3) The Minister responsible for public health may, after con su lti ng t he Cou ncil of Health , by regulation amend, add to, revoke or substitute the list of psychotropic drugs contained in the Third Schedule to this Ordinance.

Inspections of dispensaries. Substituted by: XXII. 1968.11; Amended by: XIV. 1969.19.

Mode of inspection and drawing up of procès verbal. Amended by:

VIII. 1921.29. Substituted by:

XXII. 1968.12.

Seizure of noxious substances found on the premises. Amended by:

VIII. 1921.30.

41. Repealed by: III. 2003.108.

42. Repealed by: III. 2003.108.

43. (1) If, in the course of an inspection, any substances kept in the dispensary are fou nd to be imperfect, deterio r ated or no xious, the inspecting of fi cer sh al l forthwit h sei z e such substances, and the manager of such dispen sary shall b e called upon by the Superintendent of Public Health to give an explanation.

(2) If such explanation is not satisfactory, the necessary proceedings shall be instituted for an offence under article 33.

Wrappers of articles seized to be sealed and signed. Amended by:

VIII. 1921.31; XXII. 1968.13.

Right of apothecary.

44. In the case mentioned in the last preceding article, the wrappers or receptacles containing the substances so seized shall be sealed with the seal and the signature of the apothecary or of the person for the time being in charge of the dispensary:

Provided that if such apothecary or person refuses to affix his seal or signature, the signat ure of the officer effecting the seizure shall be sufficient:
Provided also that if the apothecary or the person for the time being in charge of the dispensary so requires, the inspecting officer shall divide each article so seized into two parts, sealed and signed as aforesaid, and shall deliver one part to the apothecary or the person for the time being in charge of the dispensary.

Copy of procès- verbal of inspection to be forwarded to Superintendent of Public Health. Amended by:

VIII. 1921.32.

Document of identity. Substituted by: XXII. 1968.14.

45. A copy of the procès-verbal of each inspection shall be transmitted to the Superintendent of Public Health together with the articles, if any, seized upon such inspection.

46. An authorised apothecary shall, if so required by the owner or manager of the dispensary being inspected or by the person for the time being in charge thereof, produce a document signed by the

Minister responsible for public health attesting his authority to act as such.

47. At the end of each year the Superintendent of Public Health shall make to the Minister responsible for public health a report of t h e result of the i n spect i on s carri ed ou t i n p u rsuance of the foregoing articles.

48. Repealed by: III. 2003.108.

49. It shall be the duty of the apothecary in charge of a dispensary to keep affixed to the door of the dispensary, in such a way as to be clearly visible from the street and at all times during which the dispensary is closed, a notice sh owing the name and address of the apothecary in charge of that dispensary.

Superintendent of Public Health to make report of result of inspections. Amended by:

VIII. 1921.33; L.N. 4 of 1963.

Opening of dispensaries on prohibited days. Added by:

XXIV. 1957.12. Amended by:

XXX. 1961.3.

Name and address of apothecary to be affixed to door of dispensary.

Added by: XXIV. 1957.12.

PART V

MIDWIVES

50. Repealed by: XII. 2003.52.

51. Repealed by: XII. 2003.52.

52. Repealed by: XII. 2003.52.

53. Repealed by: XII. 2003.52.

54. Repealed by: XII. 2003.52.

Practice of midwifery. Substituted by: II. 1959.13. Amended by: L.N. 46 of 1965; LVIII. 1974.68.

Qualifications. Amended by: VIII. 1921.35; XLII. 1946.2; II. 1959.12; L.N. 4 of 1963; XXX. 1970.2; XVIII. 1973.3; XLIX. 1981.6; XVI. 1983.2.

Register of Midwives. Added by: II. 1959.14.

Amended by: XVIII. 1973.3.

Midwives in actual practice before the commencement of Ordinance.

Duties of midwife.

Amended by:

VIII. 1921.36;

XV. 1958;

II. 1959.12;

L.N. 4 of 1963;

XVIII. 1973.3.

65. Repealed by: XII. 2003.52.

66. Repealed by: XII. 2003.52.

67. Repealed by: XII. 2003.52.

68. Repealed by: XII. 2003.52.

69. Repealed by: XII. 2003.52.

70. Repealed by: XII. 2003.52.

Licence to practise dental surgery. Substituted by:

II. 1959.15. Amended by: L.N. 46 of 1965;

LVIII. 1974.68. Substituted by: XVI. 1983.9.

Amended by: XIX. 1987.5.

Register of Dental Surgeons. Amended by:

VIII. 1921.41; XII. 1932.8;

XXVII. 1937.6; II. 1959.4;

L.N. 46 of 1965;

X. 1969.2;

LVIII. 1974.68;

L.N. 148 of 1975;

XLIX. 1981.6.

Substituted by:

XVI. 1983.11.

Amended by:

XIX. 1987.6.

Qualifications to be entered in Register of Dental Surgeons.

Added by: XII. 1932.9.

Amended by: XII. 1934.2.

Substituted by: II. 1959.16. Amended by:

L.N. 46 of 1965; LVIII. 1974.68; L.N. 148 of 1975.

Substituted by: XVI. 1983.12.

Assumption of title and user.

Added by: XII. 1932.10. Amended by:

II. 1959.17.

Dentists not to make agreements with apothecaries for a share of the profits of a dispensary.

Added by: XXVII. 1937.7.

Amended by: XXX. 1939.2.

Dentists not to practise pharmacy. Added by:

XXVII. 1937.7. Amended by:

L.N. 46 of 1965; LVIII. 1974.68.

Vested rights of dentists practising before July, 1900. Amended by:

VIII. 1921.43.

71. Repealed by: XII. 2003.52.

Added by: VIII. 1936.2.

PART VII

77. Repealed by: XII. 2003.52.

78. Repealed by: XII. 2003.52.

79. Repealed by: XII. 2003.52.

80. Repealed by: XII. 2003.52.

Certificate of registration or enrolment. Added by: VIII. 1936.2. Amended by: II. 1959.21.

Substituted by: XXII. 1968.21.

Amended by: XVIII. 1973.3.

Unlawful assumption of title of registered or enrolled nurse. Added by:

VIII. 1936.2. Amended by: XXII. 1957.4. Substituted by: XXII. 1968.22. Amended by: XVI. 1983.15.

Training schools for nurses.

Added by:

VIII. 1936.2.

Substituted by:

V. 1948.3.

Amended by:

II. 1959.22.

Substituted by:

XXII. 1968.23.

Amended by:

XVIII. 1973.3.

Power of Minister responsible for public health to make regulations. Added by:

VIII. 1936.2. Amended by:

V. 1948.4;

II. 1959.12,23;

L.N. 4 of 1963;

XVIII. 1973.3.

PART VIII

HOSPITAL ATTENDANTS

81. Repealed by: XII. 2003.52.

82. Repealed by: XII. 2003.52.

Added by: V. 1948.5.

Roll of hospital attendants. Added by:

V. 1948.5. Amended by:

II. 1959.24; XVIII. 1973.3.

Conditions for enrolment. Added by:

V. 1948.5. Amended by:

II. 1959.25; XVIII. 1973.3; XLIX. 1981.6.

assumption of title of hospital attendant.

Added by: V. 1948.5.

Added by: IX. 1949.2.

PART IX

XIX. 1987.13.

Definition of "poisons". Added by: VIII. 1921.47.

Substituted by: XX. 1976.6.

PART X

TRADES AKIN TO THE SANITARY PROFESSIONS

88. Repealed by: III. 2003.108.

89. Repealed by: III. 2003.108.

90. No person shall sell or distribute -

(a) any substance or preparation advertised as a secret remedy or specific, which shall not have been approved by the Council of Health; or
(b) any substance or any preparation or mixture of substances intended to be used as a drug or remedy or as a solvent, additive or colouring matter unless the box, wrapper, bottle or other container in which it is to be sold or distributed bears the name or designation of the substance or substances of which the preparation or mixture is compounded or composed, and, where any substance is of a poisonous nature in terms of article 88, unless the total or pro rata amount of such substance is stated on the said box, wrapper, bottle or other container; or
(c) any remedy falsely described on labels or in advertisements as composed of ingredients which are not really those which it contains, or as having any therapeutical qualities or indications which are not recognised by the Council of Health.

Sale of drugs. Substituted by: V. 1967.4. Amended by: XXII. 1968.24; XVI. 1983.2.

Secret remedies or specifics.

Amended by: VIII. 1921.44;

II. 1959.12; V. 1967.5; XVI. 1983.19.

90A. (1) No person shall advertise or permit or suffer to be advertised in any manner whatsoever, any medical or health service or treatment, not being a service provided by Government, or any other service or treatment which is or is described as being of a medical, therapeutic or curative value or effect, or in any other way beneficial to health, without the approval of the Council of Health.

(2) For the purposes of subarticle (1), "treatment" shall include any form of advice relating to the treatment or cure of maladies or ailments, or any advice relating to health.

Advertisement of treatment, etc. Added by:

V. 1985.9.

91. The provisions of article 90 shall apply also to apothecaries and to pharmacy technicians, as the case may be.

92. Repealed by: III. 2003.108.

93. Repealed by: III. 2003.108.

94. The provisions of articles 36 and 38 shall apply to any person, not being an apothecary, who holds a licence under the last preceding article.

Article 90 to apply to apothecaries. Amended by:

XXII. 1968.25; XVI. 1983.2;

V. 1985.10.

Sale of poisons. Amended by: VIII. 1921.45.

Licence for sale of poisons.

Amended by:

VIII. 1921.46.

Applicability of provisions relating to apothecaries and to persons who are not apothecaries.

Power of inspection. Amended by: VIII. 1921.48.

Laboratories of chemical products.

95. Repealed by: III. 2003.108.

96. (1) No person shall set up any laboratory of chemical products used in medicine, or of galenic preparations, without a licence from the Superintendent of Public Health.

(2) Such licence shall not be granted unless the Superintendent is satisfied that the laboratory is managed by an apothecary or by a person holding a certificate of competency in chemistry.
(3) The Superintendent of Public Health shall have power to direct any laboratory to be closed, if it ceases to be managed by an apothecary or chemist as provided in subarticle (2).

Certificate of competency to practise as chemist. Amended by:

VIII. 1921.49; II. 1959.12. XXII. 1968.26;

L.N. 148 of 1975.

Private hospitals, etc.

Amended by: VIII. 1921.50;

II. 1959.12. Substituted by: XX. 1977.3.

Amended by: XIX. 1987.8.

97. The Pharmacy Board shall have power to grant a certificate of competency to practise as a chemist for the purposes of the last preceding article to any applicant who satisfies the Board that he or she -

(i) has attained majority,
(ii) has attended the course of chemistry at the University of Malta or at another school recognised by the University of Malta and passed the relative examinations.

98. (1) No person shall use any premises as a hospital, clinic, mat e r n it y h o me, n u r s i n g h o m e, ho me fo r th e aged , medi cal d i ag nost i c l a bo rat o ry, X - ray dep a rt men t , o r any ot her sim i l a r establishment or institution, by whatever name called, unless there is in respect of such premises a valid licence for the purpose issued by the Minister responsible for public health, and no person may open or carry on any establishment or institution for any of the purposes aforesaid unless he is in possession of a valid licence for the purpose issued by the said Minister.

(2) No licence shall be granted or renewed under subarticle (1) if the premises, equipment and facilities as well as the personnel, whether medical or otherwis e, are not such as to provide such standard of medical care or service as the Minister responsible for public health deems to be satisfactory, or as he may, by regulations made under this article, from time to time prescribe.
(3) The said Minister may, in granting or renewing any licence under subarticle (1), impose any such condition as he may deem fit and may restrict the services and the activities that may be provided or carried on in the licensed premises.
(4) Where any premises are used or any act is done in contravention of any condition or restriction, contained in a licence granted or renewed under subarticle (1), any premises so used and any act so done shall be deemed to have been used or done without the licence required by this article.
(5) Any licence granted under the provision of subarticle (1) shall lapse on the 31st December of the year in which it is issued but may be renewed by the said Minister from year to year. Any such licence shall also lapse if there is a declaration of guilt under
article 119 in respect of any offence against this article whether the offence is com mi tted by th e person or in the premi ses li censed under subarticle (1).

99. (1) The Superintendent of Public Health may, in granting a licence under articles 22, 33, 89, 92 or 96, im pose any such condition as he may deem fit.

(2) Any person duly licensed under any of the said articles 22,
33, 89, 92 or 96 who fails to comply with any condition imposed by the Superintendent of Public Health under subarticle (1) shall be deemed to have acted without the necessary licence.

Imposition of conditions to licence. Added by:

XX. 1976.7. Amended by:

XX. 1977.4; XV1. 1983.20.

100. (1) No licensee of any premises, establishment or institution licensed under article 98(1) shall charge or make, or allow to be charged or made, any fees or other charges, for any service or thing whatsoever, which is in excess of the fee or charge payable in respect thereof in accordance with such tariff as the Minister responsible for public health may, after consulting the Medical Council, from time to time establish.

(2) Every licensee of any premises, establishment or other institution licensed under article 98(1) shall display, and keep at all times displayed, in a prominent place in the licensed premises and which is easily accessible to th e public, the tariff o f fees and charges currently applicable in accordance with subarticle (1).

Medical practitioners in private hospitals and clinics and fees to be charged. Added by:

XX. 1977.5. Amended by: XIX. 1987.9.

101. Where any premises are used or any act is done in contravention of any of the provisions of article 98, either because the required licence or authority has not been issued or given, or is deemed not to have been issued or given, or has lapsed or has not been renewed or has been withdrawn, it shall be the duty of the Commissioner of Police to ensure that the premises in question are kept closed and that no further contraventions take place, and it shall be lawful f o r h im to take al l approp riate step s f o r th at purpose.

102. It is prohibited to sow, cast, put or place, or cause to be sown, cast, put or placed in or upon any land or other exposed place any grain, seed, meal, or flesh which has been so dipped or steeped in poison, or has been so mixed with poison or other ingredient or preparation as to be rendered poisonous and calculated to destroy life.

103. (1) The provisions of the last preceding article shall not apply to any person who sells or offers or exposes for sale or makes use of any ingredient or substance for preparing or protecting any grain or seed for bo na f i d e use in agriculture only, or sows or causes to be sown such grain or seed so prepared.
(2) Nor shall the said provisions apply to the occupier of any dwelling house or other building or the owner of any rick or stack of wheat, barley, oats, beans, peas, clover, seeds or other cultivated vegetable produce who puts or places or causes to be put or placed in any such house or building or in any garden or field attached to such house or building and enclosed by walls not less than three metres and sixty-five centimetres in height, or in the privy of any

Enforcement of foregoing provisions. Added by:

XX. 1977.5. Amended by: XIX. 1987.10.

Poisoned grain, seed, etc.

Article 102 not to apply in certain cases.

such house or building, provided that such privy is so protected as to prevent any dog from entering the same, or in any such rick or stack, any poison or poisonous ingredient or preparation for the purpose of destroying rats, mice or small vermin or insects.

Administering drugs to domestic animals.

104. It shall not be lawful for any person, to administer or cause to be administered any poisonous or noxious drug or substance to any horse, cattle or other domestic animal, whereof such person is not the owner, without an order from the owner.

PART XI

OFFENCES AND PENALTIES

108. Repealed by: XII. 2003.52.

109. Repealed by: XII. 2003.52.

110. Repealed by: XII. 2003.52.

111. Repealed by: XII. 2003.52.

112. Repealed by: XII. 2003.52.

113. Repealed by: XII. 2003.52.

114. Repealed by: XII. 2003.52.

Erasure by Nursing and Midwifery Board on grounds of conviction or infamous conduct. Added by:

XVIII. 1973.8. Amended by: XLIX. 1981.4; XVI. 1983.24.

Saving of proceedings under other laws.

Added by: II. 1959.29. Amended by:

XXII. 1968.30; XVIII. 1973.9; XVI. 1983.2.

Erasure from register or roll on ground of infirmity.

Added by: II. 1959.29. Amended by: XXII. 1968.31; XVIII. 1973.10; XVI. 1983.2.

Restoration of names to register. Added by:

II. 1959.29. Amended by:

XXII. 1968.32; XVIII. 1973.11;

XVI. 1983.2.

Fraudulent and incorrect registration. Added by:

II. 1959.29. Amended by:

XXII. 1968.33; XVIII. 1973. 12; XVI. 1983.2.

Notification of decision of Medical Council and appeal therefrom.

Added by: II. l959.29.

Amended by:

L.N. 148 of 1975;

VI. 2001.4.

Notification of decision of Pharmacy Board and appeal therefrom.

Added by: XXII. 1968.34.

certain offences.

Added by:

XX. 1976.9.

Amended by:

XX. 1977.6;

XIII. 1983.5;

XVI. 1983.2,25;

V. 1985.11;

XIX. 1987.12;

L.N. 407 of 2007.

the provisions of article 7(1)(f), article 8, 9, 10, 16 or 24, article
26(a) or (b), article 27, 32 or 34, article 35(2), article 48(2) or (3)
or article 49, 62, 69, 70 or 100 shall be liable -
(a) on a first conviction, to a fine (multa) of not less than twenty-three euro and twenty-nine cents (23.29) but not exceeding two hundred and thirty-two euro and ninety- four cents (232.94), and,
(b) on a second or subsequent conviction, to a fine (multa) of not less than one hundred and sixteen euro and forty- seven cents (116.47) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).
(2) Any person who commits an offence against any of the provisions of article 7 [with the exception of sub-article (1)(f)], article 13, 17, 18 (in so far as it refers to the unlawful practice as a pharmacy technician), 22, 23 or 25, article 26(c), article 28, 29, 30,
31 or 33, article 35(1), article 36, 38 or 39, article 54(1), or article
55, 56, 57, 58, 60, 63, 68, 78, 83, 87, 90, 90A, 91, 94 or 104 shall
be liable -
(a) on a first conviction, to a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) but not exceeding four hundred and sixty-five euro and eighty-seven cents (465.87), and
(b) on a second or subsequent conviction, to a fine (multa) of not less than one hundred and sixteen euro and forty- seven cents (116.47) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.
(3) Any person who commits an offence against any of the provisions of article 5, article 11(1), article 18 (in so far as it refers to the unlawful practice as an apothecary), 50, 59, 65, 89, 92, 96,
98 or 102 shall be liable -
(a) on a first conviction, to a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), or to imprisonment for a term of not less than one month but not exceeding three months, or to both such fine and imprisonment, and
(b) on a second or subsequent conviction, to imprisonment for a term of not less than two months but not exceeding six months, with or without the addition of a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).

120. Any person who contravenes the provisions of any regulations under article 40 shall be liable -

(a) on the first conviction to a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47)but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), or to imprisonment for a term of not less than one month but not exceeding three months, or to both such fine and imprisonment, and
(b) to a fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94) but not exceeding one thousand and one hundred and sixty- four euro and sixty-nine cents (1,164.69).

Offence under article 40. Added by: XLIX. 1975.5. Amended by: XX. 1976.10; XIII. 1983.5;

L.N. 407 of 2007.

Offences under article 40A. Added by:

V. 1985.12. Amended by: XVII. 1986.3;

XIX. 1987.13; VIII. 1990.3; II. 1998.4;

VI. 2000.8; III. 2002.159; XVI. 2006.27;

L.N. 407 of 2007; XXXI. 2007.29.

Cap. 217.

*120A. (1) Any person -

(a) who acts in contravention of, or fails to comply with any provision of any regulation made under article
40A; or
(b) who acts in contravention of, or fails to comply with the conditions of any licence or permit or authority granted under the provisions of any regulation made under article 40A; or
(c) who for the purpose of obtaining, whether for himself or for any other person, the issue, grant or renewal of any such licence, permit or authority as aforesaid, makes any declaration, or statement which is false in any particular, or knowingly utters, produces or makes use of any such declaration or statement or any document containing the same; or
(d) who in Malta aids, abets, counsels, or procures the commission in any place outside Malta of any offence punishable under the provisions of any corresponding law in force in that place, or who with another one or more persons conspires in Malta for the purpose of committing such an offence, does any act preparatory to, or in furtherance of, any act which if committed in Malta would constitute an offence against any such regulations; or
(e) being a citizen of Malta or a permanent resident in Malta, who in any place outside Malta does any act which if committed in Malta would constitute an offence of selling or dealing in a drug against this article or an offence under paragraph (f); or
(f) who with another one or more persons in Malta or outside Malta conspires for the purposes of selling or dealing in a drug in Malta against the provisions of this article or who promotes, constitutes, organises or finances the conspiracy,
shall be guilty of an offence against this article.
For the purposes of paragraph (e) the expression "permanent resident" means a person in favour of whom a permit of residence has been issued in accordance with the provisions contained in article 7 of the Immigration Act.
(1A) The conspiracy referred to in subarticle (1)(d) and (f) shall subsist from the moment in which any mode of action whatsoever is planned or agreed upon between such persons.
(1B) For the purposes of this article the word "dealing" (with its grammatical variations and cognate expressions) with reference to d e al ing i n a drug, in cl udes cult ivatio n, imp ort a t i on in such circumstances that the Court is satisfied that such importation was not for the exclusive use of the offender, manufacture, exportation, distribution, production, administration, supply, the offer to do any

*See article 16 of Act V of 1985.

of these acts, and the giving of information intended to lead to the purchase of such a dru g cont rary to th e prov isio ns o f thi s Ordinance:
Provided that in the case of importation in such circumstances that the Court is satisfied that such importation was for the exclusive use of the of fender, the provisio n s of the Probati on Act and of article 21 of the Criminal Code sha ll not apply.
(1C) A person shall also be guilty of an offence against this Ordinance who m a nufactures, tran sports or distri butes any equipment or materials knowing that they are to be used in or for t h e pro ducti on or man u facture o f any drug contrary to the provisions of this Ordinance and any such conduct as is prohibited under this sub - article shall be deemed for the purposes of this Ordinance as constituting an offence of selling or dealing in a drug against this Ordinance.
(1D) (a) A person shall also be guilty of an offence against this Ordinance who uses, transfers the possession of, sends or delivers to any person or place, acquires, receives, k e eps, t r ansports, transmit s, alters, disposes of or otherwise deals with, in any manner or by any means, any money, property (whether movable or immovable) or any proceeds of any such money or property with intent to conceal or convert that money or property or those proceeds and knowing or suspecting that all or a part of that money or property, or of those proceeds, was obtained or received, directly or indirectly, as a result of -
(i) the commission of any of the offences mentioned in subarticles (1) and (1C); or
(ii) any act of commission or omission in any place outside these Islands which if committed in these Islands would constitute an offence under subarticles (1) or (1C).
(b) In proceedings for an offence under paragraph (a), where the prosecution produces evidence that no reasonable explanation was given by the person charged or accused showing that such money, property or proceeds was not money, property or proceeds described in the said paragraph, the burden of showing the lawful origin of such money, property or proceeds shall lie with the person charged or accused.
(1E) A person shall also be guilty of an offence against this Ordinance who sells or otherwise deals in a substance mentioned in the Third Schedule to the Dangerous Drugs Ordinance knowing or suspecting that the substance is to be used in or for the production of a drug listed under Part A of the Third Schedule contrary to the provisions of this Ordinance; and the definition of "dealing" in sub- article (1B) shall apply, mutatis mutandis, to this subarticle.
(1F) Any person who lands in Malta and is in possession of a

Cap. 446. Cap. 9.

Cap. 101.

drug against the provisions of this Ordinance shall be exempt from any criminal liability if the conditions mentioned in subarticle (1G) are satisfied.
(1G) The conditions to which reference is made in subarticle
(1F) are the following:
(a) the person in possession of the drug is not ordinarily resident in Malta and has come from a place outside Malta;
(b) at the first opportunity after landing in Malta that person surrenders the said drug to a Police officer or to a customs officer and declares that the same drug was for his exclusive personal use; and
(c) the said drug is in such a quantity and is in possession of that person under such circumstances as to reasonably lead to the inference that the same drug was destined for the exclusive personal use of that person.
(2) Every person charged with an offence against this Ordinance shall be tried in the Criminal Court or before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the Attorney General may direct, and if he is found guilty shall, in respect of each offence be liable -
(a) on conviction by the Criminal Court -
(i) where the offence consists in selling or dealing in a drug listed under Part A of the Third Schedule contrary to the provisions of this article, or in an offence under subarticle (1)(f), or of the offence of possession of a drug, contrary to the provisions of this Ordinance, under such circumstances that the court is satisfied that such possession was not for the exclusive use of the offender, or of the offences mentioned in subarticles (1C) or (1D) or (1E), to imprisonment for life:
Provided that:
(aa) where the Court is of the opinion that, when it takes into account the age of the offender, the previous conduct of the offender, the quantity of the drug and the nature and quantity of the equipment or materials, if any, involved in the offence and all other circumstances of the offence, the punishment of imprisonment for life would not be appropriate; or
(bb) where the verdict of the jury is not unanimous,
then the Court may sentence the person convicted to the punishment of imprisonment for a term of not less than four years but not exceeding thirty years and to a fine (multa) of
not less than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) but not exceeding one hundred and sixteen thousand and four hundred and sixty- eight euro and sixty-seven cents (116,468.67); and
(ii) for any other offence to imprisonment for a term of not less than twelve months but not exceeding ten years and to a fine (multa) of not less than four hundred and sixty-five euro and eighty- seven cents (465.87), but not exceeding twenty- three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73); or
(b) on conviction by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) -
(i) where the offence consists in selling or dealing in a drug listed under Part A of the Third Schedule to this Ordinance contrary to the provisions of this article, or in an offence under subarticle (1)(f), or of the offence of possession of a drug, contrary to the provisions of this Ordinance, under such circumstances that the court is satisfied that such possession was not for the exclusive use of the offender, or of the offences mentioned in subarticles (1C) or (1D) or (1E), to imprisonment for a term of not less than six months but not exceeding ten years and to a fine (multa) of not less than four hundred and sixty-five euro and eighty-seven cents (465.87) but not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87); and
(ii) for any other offence, to imprisonment for a term of not less than three months but not exceeding twelve months, or to a fine (multa) of not less than four hundred and sixty-five euro and eighty-seven cents (465.87) but not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or to both such imprisonment and fine,
and in every case of conviction for an offence against this Ordinance, all articles in respect of which the offence was committed shall be forfeited to the Government, and any such forfeited article shall, if the court so orders, be destroyed or otherwise disposed of as may be provided in the order:
Provided that for the purposes of this subarticle, when the person charged has not attained the age of sixteen years and unless he is charged jointly with any other person who has attained the age of sixteen years, any reference to the Court of Magistrates (Malta) or t o th e Cou r t of M a gi st rat e s (G oz o) sh al l be co nst r u e d as a reference to the Juvenile Court:

Cap. 101.

Cap. 101.

Cap. 101.

Provided further that where a person is convicted as provided in paragraph (a)(i) or paragraph (b)(i) and the offence has taken place in, or within one hundred metres of the perimeter of, a scho ol, yo uth club or centre, or such o t her pl ace where yo ung people habitually meet, or the offence consists in the sale, supply, adm inistrati on or offer to d o any of these act s, to a mino r, to a woman with child or to a person who is following a programme for cure or rehabilitation from drug dependence, the punishment shall be increased by one degree.
(2A) Where a person is charged under the provisions of this article with selling or dealing in a drug listed under Part A of the Th ird Sched u l e , o r wi th p r o m ot in g, c onst i t u t i n g orga ni si ng o r financing a conspiracy under subarticle (1)(f) in respect of such drug, or with the offence of possession of a drug, contrary to the provisions of this Ordinance, under such circumstances that the court is satisfied that such possession was not for the exclusive use of the offender, or with the offences mentioned in subarticles (1C) or (1D), the provisions of articles 22A, 22B, 22E, 27 and 30 of the Dangerous Drugs Ordinance shall apply.
(2A bis) Where a person is charged under the provisions of this article with an offence mentioned in subarticle (2A) and that person is a p e rson as is referred to in sub a rticle (5) o r is a person in possession of a licence, permit or authorit y issued to him by a competent authority in or in connection with the exercise of any art, trade, calling or other occupation and the offence is committed in a place licensed under this Ordinance, under the Dangerous Drugs Ordinance or under any other law, the Court may, without prejudice to any other order that it may make under the provisions of this article, at the request of the prosecution make an order, hereinafter referred to as a ''suspension order'', suspending such licence, permit or authority and the provisions of article 22B bis (2) and (3) of the Dangerous Drugs Ordinance shall mutatis mutandis apply.
(2B) Where an offence against this article in respect of which a person has been found guilty consists in an offence mentioned in subarticle (2A) the provisions of article 22(3A), (3B) and (7) and the provisions of articles 22C, 22D, 28 and 29 of the D a ngerous Drugs Ordinance shall apply.
(2C) Notwithstanding that the Attorney General has directed in accordance with the provisions of subarticle (2), that a person be tried in the Criminal Court, he may, at any time before the filing of the bill of i ndictm e nt, or at any time af ter filing the bill of indictment before the jury is empanelled, and with the consent of the accused, direct that that person be tried before the Court of Magistrates, and upon such direction the Court of Magistrates as a court of cr iminal judicatur e shall become competent to try that p e rson as if n o prev io us di rec t i o n h a d bee n gi ven . Wh ere t h e Attorney General has given such new direction after the filing of t he b il l o f ind ict men t, t he r egi st rar o f the Cr im inal Co ur t sh all cause the record to be transmitted to the Court of Magistrates, and shall cause a copy of the Attorney General’s direction to be served on the Commissioner of Police.
(2D) Notwithstanding the provisions of article 370 of the Criminal Code and without prejudice to the provisions of subarticle (2C), the Court of Magistrates shall be competent to try all offences against this article as direct ed b y the Attorney General in accordance with the provisions of subarticle (2).
(3) No person shall, on conviction for any offence of contravening or failing to comply with any regulation under article
40A relating to the keeping of books or the issuing or dispensing of
prescriptions containing psychotropic drugs to which that article applies, be sentenced to imprisonment without the option of "a fine or to pay a fine exceeding one hundred and sixteen euro and forty-
seven cents (116.47), if the court dealing with the case is satisfied that the offence was committed through inadvertence and was not preparatory to or committed in the course of or in connection with
the commission or intended co m m i ssi o n of any o t her offenc e against this article.
(4) If any person attempts to commit an offence against this article, or solicit s or incites anothe r person to commit such an offence, he shall, without prejudice to any other liability, be liable on conviction to the same punishment and forfeiture as if he had committed an offence under this article.
(5) Where the offence in respect of which a person is found guilty under this article consists in the importation, manufacture, sel lin g or ot herw ise deali ng in a psycho tro p ic d r ug , and such person i s e i t h er l i c e nsed u n d e r t h i s O r d i n a nc e o r un de r th e Dangerous Drugs Ordinance, or is in possession of a warrant issued under th is Or dinanc e to pr actise a pr ofession, or a calling or a trade, or the offence is committed in a place licensed under this Ordinance or the Ordinance aforesaid, the court shall, at the request of the prosecution and in addition to any other punishment, order the revocation of such licence or warrant and upon such order being made any such licence or warrant shall cease to have effect for all purposes of law and in particular for the purposes of this Ordinance and of the Ordinance aforesaid.
(6) Where it results to the court that the offender, other than an offender convicted of an offence as is referred to in subarticle (2)( a )( i) or ( b )(i), is in ne ed of care a n d a s s i stance for his rehabilitati on from depend ence on any drug li sted in the Third Schedule to this Ordinance the court may, instead of applying any of the punishments provided for in the foregoing sub-articles, place the offender on probation in accordance with the provisions of the Probation Act, sohowever that such probation order may be made notwi thstanding that t h e offender, wh o has attained the age of fourteen years, has not expressed his willingness to comply with the requirements thereof as provided in article 7 of that Act.
(7) The provisions of articles 21 and 28A of the Criminal Code and the provisions of the Probation Act shall not be applicable in respect of any person convicted of an offence as is referred to in sub-article (2)(a)(i) or (b)(i):

Cap. 9.

Cap. 101.

Cap. 446.

Cap. 9. Cap. 446.

Cap. 446.

Cap. 101.

Cap. 9.

Provided that where, in respect of any offence mentioned in this subarticle, after considering all the circumstances of the case including the amount and nature of the drug involved, the character of the person concerned, the number and nature of any previous convictions, including convictions in respect of which an order was made under the Probation Act, the court is of the opinion that the offender intended to consume the drug on the spot with others, the court may decide not to apply the provisions of this subarticle:
Provided further that an offender may only benefit once from the provisions of the above proviso.
(8) Where, in the case of a person convicted of an offence referred to in subarticle (7), the court is satisfied that such person is in need of treatment for his rehabilitation from dependence on any drug listed in the Third Schedule, the provisions of article 22(10) to (14) of the Dangerous Drugs Ordinance shall be applicable in the same manner and to the same extent as if that person were a person convicted of an offence referred to in the said article 22(10).
(9) Where an offence against this Ordinance in respect of wh ich a p e r s on h a s been fo un d gui lt y con s ists in any o f th e of fen c es referred t o in article 120C(1) or o f the of fence of possession of a drug contrary to the provisions of this Ordinance under such circumsta n c e s that th e co urt is sati sfied that such pos s ess i on wa s not for the exclus ive use of the of fende r, the provisions of articles 121D and 248E(4) of the Criminal Code shall apply mutatis mutandis.

Definition of expression "corresponding law".

Added by: II. 1998.5.

Cap. 101.

Additional powers of investigation. Added by:

II. 1998.5. Amended by:

XXXI. 2007.30.

120B. For the purposes of articles 120A and 121C the expression "corresponding law" shall have the same meaning assigned to it by article 23 of the Dangerous Drugs Ordinance and the provisions of the said article 23 shall apply thereto.

120C. (1) Where, upon information received, the Attorney General has reasonable cause to suspect that a person (hereinafter referred to as "the suspect") -

(a) is guilty of selling or dealing in a drug contrary to the provisions of this Ordinance; or
(b) is guilty of any of the offences mentioned in article
120A(1)(e) or (f); or
(c) is guilty of an offence mentioned in article 120A(1)(d) with reference to any of the offences referred to in the foregoing paragraphs of this subarticle, or
(d) is guilty of the offence mentioned in article 120A(1D);
or
(e) is guilty of the offence of possession of a drug contrary to the provisions of this Ordinance, under such circumstances that the court is satisfied that such possession was not for the exclusive use of the offender,
the Attorney General may apply to the Criminal Court for an investigation order or an attachment order or for both and the provisions of article 24A of the Dangerous Drugs Ordinance shall mutatis mutandis apply to that application and to the suspect and to any investigation or attachment order made by the court as a result of that application.
(2) The words "investigation order" in article 24A(2) and (5) of the Dangerous Drugs Ordina nce shall be read an d construed as including an investigation order made under the provisions of this article.
(3) The words "attachment order" in article 24A(6A) of the Dangerous Dru g s Ordin a nce shall be read and construed as including an attachment order made under the provisions of this article.

Cap. 101.

Cap. 101.

Cap. 101.

120D. (1) Where the Attorney General receives a request made by the judicial or prosecuting authority of any place outside Malta fo r inve stigations to ta ke place in Malta in respect of a person (hereinafter referred to as "the suspect") suspected by that authority of an act or omission which if committed in these Islands, or in corresponding circumstances, would constitute any of the offences mentioned in article 120C(1)(a), (b), (c), (d) and (e) the Attorney General may apply to the Criminal Court for an investigation order or an attachment order or for both and the provisions of article 24A of the Dangerous Drugs Ordinance shall mutatis mutandis apply to that ap pli cati on and to th e susp ect an d to any in vesti g ati on or attachment order made by the court as a result of that application.
(2) The words "investigation order" in article 24A(2) and (5) of the Dangerous Drugs Ordina nce shall be read an d construed as including an investigation order made under the provisions of this article.
(3) The words "attachment order" in article 24A(6A) of the Dangerous Dru g s Ordin a nce shall be read and construed as including an attachment order made under the provisions of this article.

Powers of investigation in connection with offences cognizable by courts outside Malta.

Added by: II. 1998.5.

Amended by: XXXI. 2007.31.

Cap. 101.

Cap. 101.

Cap. 101.

120E. (1) Where the Attorney General receives a request made by a judicial or prosecuting authority of any place outside Malta for the tem porary seizure of all or any of the m oneys o r propert y, mo vabl e or im m ovab l e, of a pers o n ( h er einaf t er in th is ar ticl e referred to as "the accused") charged or accused in proceedings before the courts of that place of an offence consisting in an act or an om ission w h ich if co mm itted in these Island s, or in corresponding circumstances, would constitute any of the offences mentioned in article 120C(1)(a), (b), (c), (d) and (e), the Attorney General may apply to the Criminal Court for an order (hereinafter referred to as a "freezing order") having the same effect as an order as i s re ferred to in art i c l e 22 A ( 1) of t h e D a n g erous D r ug s Ordinance and the provisions of the said article 22A shall, subject to t he pro visions o f subarticle (2) of t his art icle, ap ply mutatis mutandis to that order.
(2) The provisions of article 24C(2) to (5) of of the Dangerous

Freezing of property of person accused with offences cognizable by courts outside Malta.

Added by: II. 1998.5.

Amended by: XXXI. 2007.32.

Cap. 101.

Cap. 101.

Drugs Ordinance shall apply to an order made under this article as if it were an order made under the said article 24C.
Cap. 101. (3) Article 22B of the Dangerous Drugs Ordinance shall also apply to any person who acts in contravention of a freezing order under this article.

Enforcement of confiscation orders made by courts outside Malta following conviction for offences

cognizable by those courts. Added by:

II. 1998.5. Amended by: XXXI. 2007.33.

Cap. 101.

120F. (1) A confiscation order made by a court outside Malta providing or purporting to provide for the confiscation or forfeiture of proceeds from the commission of a relevant offence shall be enforceable in Malta in accordance with the provisions of article

24D(2) to (11) of the Dangerous Drugs Ordinance.
(2) For the purposes of this article, but subject to the provisions of subarticle (3), "confiscation order" and "proceeds" shall have the same mean in gs assi g n ed to t h em by a r t i cl e 24 D(12 ) of t h e Dangerous Drugs Ordinance which meanings shall be construed in accordance with the meaning assigned to "property" by the same subarticle (12) and in accordance with the meaning assigned to "relevant offence" in subarticle (3).
(3) For the purposes of this article "relevant offence" means any offence consisting in any act or omission which if committed in these Islands, or in corresponding circumstances, would constitute any of the offences mentioned in article 120C(1)(a), (b), (c), (d) and (e).

Unlawful obstruction, etc. Added by:

XX. 1976.11. Amended by:

XIII. 1983.5;

L.N. 407 of 2007.

121. Any person who prevents any other person from doing what he is enjoined or permitted to do under the provisions of this Ordinance or of any order or regulations made thereunder, or who undoes or frustrates anything which any other person may have done in compliance with any of the said provisions, shall be guilty of an offence and shall be liable -

(a) on a first conviction, to a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), and
(b) on a second or subsequent conviction, to imprisonment for a term of not less than one month but not exceeding six months, with or without the addition of a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).

Burden of proof.

Added by:

II. 1998.6.

121A. (1) In any proceedings against any person for an offence against this Ordin ance, it sh all not be necessary to negative by evidence any licence, au thority or oth er m atter of except ion or defence, and the burden of proving any such matter shall lie on the person seeking to avail himself thereof.

(2) When the offence charged is that of possession of, or of sell ing or deali ng in, a d r ug con t rary t o t h e pro v isio ns of this Ordinance it shall not be a defence to such charge for the accused
t o p r ov e th at he b e lieved that he w a s in po ssession o f , or was selling or dealing in, some thing other than the drug mentioned in the charge if the possession of, or the selling or dealing in, that other thing would have been, in the circumstances, in breach of any other provision of this Ordinance or of any other law.
121B. Notwithstanding the provisions of article 661 of the Criminal Code, where a person is involved in any offence against this Ordinance, any statement made by such person and confirmed on oath before a magistrate and any evidence given by such person before any court may be received in evidence against any other person char ged wit h an of fence again s t t h e said Ordinance, provided it appears that such statement or evidence was made or given voluntarily, and not extorted or obtained by means of threats or intimidation, or of any promise or suggestion of favour.
121C. The provisions of article 30B of the Dangerous Drugs Ordinance shall apply mutatis mutandis to a controlled delivery of any drug listed under the Third Schedule to this Ordinance or of money, property or proceeds as referred to in article 120A(1D)(a) with a view to identifying persons involved in the commission of offences under this Ordinance or under the corresponding law in force in the territory of another country and the same provisions shall also apply mutatis mutandis to the acquisition or procurement of any such drug by the Executive Police.
121D. The provisions of article 30C of the Dangerous Drugs Ordina nce shall apply mu tatis mutan dis to a witness, expert or other person in a foreign country who consents, in respect of an o f f e nce con t r a ry t o t h e pr ov is io ns o f t h is Or di n a nce, to gi ve evidence or to assist as provided in that article following a request for assistance as also provided in the same article.

121E. (1) Where the Attorney General receives, or is informed about, a request made by or on behalf of a judicial, prosecuting, law enforcement, administrative or other competent authority of any State or place other than or outside Malta (hereinafter in this article referred to as the "requesting authority") seeking authorisation for the competent authorities of that State or place to take appropriate measures in regard to a relevant vessel reasonably suspected to be en gaged i n th e commi ssio n of a r e l e vant o ff e n c e th e A t t o rn ey General may, with the concurrence of the Prime Minister, authorise the ta king of the said measur es by the a f oresaid c o mpetent authorities subject to such conditions as may have been agreed by Malta with that State or as may be agreed between the requesting authority and the Attorney General with the concurrence of the Prime Minister.

(2) Where authorisation has been given by the Attorney General as aforesaid the competent authorities referred to in sub- article (1), subject to the conditions as may have been agreed upon as provided in the same sub-article, shall be authorised to take the appropriate measures and to exercise on board the vessel in regard to which ap propriate measures hav e been authorised under this article all such powers of arrest, entry, search and seizure as are

Statement may be admitted as evidence.

Added by: II. 1998.6. Cap. 9.

Controlled delivery and purchase. Added by:

II. 1998.6. Amended by:

VI. 2000.8.

Cap. 101.

Persons transferred to Malta from abroad for the purpose of giving evidence or assisting in an investigation, etc. Added by:

II. 1998.6.

Cap. 101.

Co-operation in the suppression of relevant offences at sea.

Added by: II. 1998.6. Amended by: XVI. 2006.27; XXIV. 2007.8.

vested in the Executive Police of Malta. (3) For the purposes of this article -
"appr opri a te measures" with regard to a v e ssel in cl ude the boarding of and carrying a search on such vessel as well as such other appropriate action with respect to the vessel, persons and cargo on board such vessel if evidence of involvement of the vessel in a relevant offence is found;
"relevant offence" shall have the same meaning assigned to it by article 120F(3); and
"relevant vessel" means a ship or any other floating craft of any description, including hovercrafts and submersible crafts, flying the flag of Malta or displaying the marks of registry of Malta and exercising freedom of navigation in accordance with international law.

More serious offence. Added by: XX.1976.11. Cap. 9.

122. Where the act committed by an offender constitutes a more serious offence under th e Cr iminal Code or any other law, the provisions of that Code or other law shall apply, in respect of that act.

Interdiction. 123. Any person sentenced for an offence under article 33, 38 or 90 who commits another offence against the provisions of any of such articles may, in addition to the punishment prescribed for such other offence, be sentenced to interdiction from the practice of his profession or trade for a term not exceeding three months.

Right of appeal.

Added by:

XVII. 1986.4.

Amended by:

VIII. 1990.3.

Cap. 9.

123A. Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of C r i m i n al A p p eal from a ny ju dg men t gi ven b y t h e Co urt o f Magistrates in respect of criminal proceedings arising out of the provisions of article 120A.

Added by: II. 1959.30.

Inspection of registers. Added by:

II. 1959.30. Amended by: V. 1985.13.

PART XII

REGISTERS

124. Repealed by: XII. 2003.52.

FIRST SCHEDULE

(Article 7)

PART 1

A Lead poisoning
Phosphorus poisoning Manganese poisoning Arsenical poisoning
Mercury poisoning
Carbon-bisulphide poisoning
Benzene poisoning and poisoning from Nitro and Amido derivatives of Benzene and its homologues
Aniline poisoning
Compressed air illness (Caisson Disease) Anthrax
Epitheliomatous ulceration or chrome ulceration
Poisoning attributed to occupational exposure to pesticides
Brucellosis attributed to occupational exposure
Cadmium poisoning
Cancer of occupation origin
Blood dyscrasias of occupational origin
Toxic jaundice
Acute or chronic effects of exposure to radiation
Asthma of occupational origin
B "Gassing" incidents in which a person is affected as a result of occupational exposure to gasses or fumes
Part 2

DEPARTMENT OF HEALTH

Notification of Occupational Disease or Incident

(Article 7)
1. Name of patient .....................................................................
2. Age ................................... Sex .............................................
3. Address .................................................................................
4. Present/last occupation ..........................................................
5. Name and address of present/last employer ............................

Added by: XVI. 1983.27.

...................................................................................................
6. Name and address of prev ious employer (if previous employment is suspected to be the cause) ...............................
...................................................................................................
7. Type of disease/poisoning/incident ........................................
8. Harmful agent/process suspected to be the cause of disease poisoning / incident ...............................................................
9. Dates (even approxim a te) of beg i nning and cessatio n of exposure to risk .....................................................................
............................................... Signature of Medical Practitioner
Date....................................... .........................................
Name and Address

SECOND SCHEDULE

(Article 7)

CERTIFICATE OF DEATH AND CAUSE THEREOF

1. Name and surname ...............................................................
2. Age and sex........................ Identity Card No......................... (if dead person had an Identity Card)
3. Place of birth ........................................................................
4. Residence .............................................................................
5. Profession, trade or other status .............................................
6. Name and surname of parents and whether living or dead ......
..................................................................................................
7. Whether bachelor or spinster, married, widower or widow, and in the latter two cases the name and surname of the husband or wife ...................................................................
8. Hour, day, month and year of death .......................................
9. Place where death occurred ...................................................
*10. Cause of death:
I Approximate interval between onset and death

Added by: XXII. 1957.11. Amended by: XVI. 1983.6. Substituted by: V. 1985.14.

Disease or condition
directly leading to
(a) ............................................
(due to or as a
consequence of) ..................
Antecedent causes; morbid conditions, if any, giving rise to the above cause, stating the underlying condition last
II
Other significant conditions cont rib uting to the deat h bu t no t related to t h e disease or conditio n causing it
(b) ........................................... (due to or as a
consequence of)...............
(c) ............................................
.................................................
.................................................
11. Place of interment .................................................................
12. Signature of the Medical Practitioner ....................................
Date ............................................................................... Name in Block Letters .................................................... Address ..........................................................................
TO THE POLICE OFFICER IN CHARGE OF THE ACTS OF DEATH IN .................................................................................

*NOTES:

The certifier should enter under -

I. (a) The disease or injury which initiated the train of morbid events leading to

death, i.e. the disease, injury or complication which was the direct cause of death. This

does not mean the mode of dying e.g. heart failure, asthenia, etc.

(b) The condition, if any, considered to have been antecedent to the direct cause,

both in respect of time and of etiological or pathological relationship. A condition can

be entered as antecedent even though a long interval of time has elapsed since its onset

or since the occurrence of symptoms of it.

(c) Any other condition which is considered to be antecedent to (b) in the same

sense as described above.

If it is thought that there has not been any antecedent condition as defined above,

lines I (b) and I (c) should be left blank.

On no account must the starting point of the sequence of disease be entered in Part II

because of lack of space for it in Part I.

II. Any other conditions which, though not in the causal sequence in Part I, appear to

have contributed something to the fatal outcome.

Added by: V.1985.15. Amended by: XVII.1986.5; L.N. 34 of 1986. Substituted by: L.N. 48 of 1990. Amended by: L.N. 31 of 1997; L.N. 79 of 1998;

L.N. 285 of 2001; L.N. 38 of 2002;

L.N. 209 of 2002; L.N. 222 of 2002;

L.N. 212 of 2003; L.N. 374 of 2003; L.N. 135 of 2006;

L.N. 260 of 2006; L.N. 127 of 2007;

L.N. 404 of 2007; L.N. 174 of 2010; L.N. 423 of 2010.

THIRD SCHEDULE

(Article 40a)

LIST OF PSYCHOTROPIC DRUGS

PART A

International or other nonproprietary Chemical name name or other trivial name

1-BENZYLPIPERAZINE 1-benzyl-1, 4-diazacyclohexane

2C-1 (2,5-dimethoxy-4-

iodophenethylamine)

2C-T-2 (2,5-dimethoxy-4-

ethylthiophenethylamine)

2C-T-7 (2,5-dimethoxy-4-(n)-

propylthiophenethylamine)

TMA-2 (2,4,5,-trimethoxyamphetamine) CATHINONE (-)-a-aminopropiophenone

DET N.N-diethyltryptamine

DMA dl-2,5-dimethoxy-a-methylphenyl- ethylamine

DMHP 3- (1,2-dimethylheptyl)-1-hydroxy-

7, 8, 9, 10-tetrahydro-6, 6, 9-

trimethyl-6 H - dibenzo [b,d] pyran

DMT N.N-dimethyltryptamine

DOB,BROLAMFETAMINE 2,5-dimethoxy-4-

bromoamphetamine

(+)LYSERGIDE, LSD, LSD-25 (+)-N.N-diethyllysergamide

(d-lysergic acid diethylamide)

DOET dl-2, 5-dimethoxy-4-ethyl-a- methylphenylethylamine

mCPP 1-(3-chlorophenyl)piperazine

oCPP 1-(2-chlorophenyl)piperazine pCPP 1-(4-chlorophenyl)piperazine

MDA, METHYLENE 3, 4, methylenedioxyamphetamine

DIOXYAMPHETAMINE

MDMA, TENAMFETAMINE dl-3,4-methylenedioxy-N, a- dimethyl-phenylethylamine

mephedrone 2-methylamino-1-(4-
(4-methylmethcathinone) methylphenyl) propan-1-one

MESCALINE, MESCAL 3, 4, 5-trimethoxyphenethylamine

BUTTON, PEYOTE, PEYOTL

MMDA dl-5-methoxy-3, 4-methylenedioxy- a methylphenylethylamine

PARAHEXYL 3-hexyl-1-hydroxy-7, 8, 9, 10-tet- rahydro-6,6,9-trimethyl-6H-

dibenzo [b, d] pyran

PCE, ETICYCLIDINE N-ethyl-1-phenylcyclohexylamine PHP, PCPY, ROLICYCLIDINE 1-(1-phenylcyclohexyl) pyrrolidine PMA 4-methoxy-a-methylphenylethyl-

amine

PMMA paramethoxymethylamphetamine or N-methyl-1-(4-methoxy-phenyl)-2- aminopropane

PSILOCINE, PSILOTSIN 3-(2-dimethylaminoethyl)-4- hydroxyindole

PSILOCYBINE 3-(2-dimethylaminoethyl)-indol-4- yl di hydrogen phosphate

STP. DOM 2-amino-1-(2, 5-dimethoxy- 4- methyl) phenylpropane

TETRAHYDROCANNABINOLS,

ALL ISOMERS 1-hydroxy-3-pentyl-6a, 7, 10, l0a-

tetrahydro-6,6,9-trimethyl-6-H-

dibenzo [b, d] pyran

TCP, TENOCYCLIDNE 1-[1-(2-thienyl) cyclohexyl] piperi-

dine

TMA dl-3, 4, 5-trimethoxy-a-methylphe- nylethylamine

4-MTA (α -methyl-4-

methylthiophenethylamine)

Methcathinone 2-(methylamino)-1-phenylpropan-1- one

And any derivatives, salts, or esters of the above.

PART B

International or other nonproprietary Chemical name name or other trivial name

ALLOBARBITAL 5, 5-diallylbarbituric acid

AMFEPRAMONE,

DIETHYLPROPION 2-(diethylamino) propiophenone

AMOBARBITAL 5-ethyl-5-(3-methylbutyl) barbituric acid

AMINEPTINE (7-[(10, 11-dihydro-5H-dibenzo

[a,d,] cyclohepten-5-y-5-yl)amino]

heptanoic acid)

AMPHETAMINE (±)-2-amino-1-phenylpropane

BARBITAL 5, 5-diethylbarbituric acid

BENZPHETAMINE N-benzyl-N,α-dimethylphenethyl- amine

BUTALBITAL 5-allyl-5-isobutylbarbituric acid BUTOBARBITAL 5-butyl-5-ethylbarbituric acid CATHINE d-threo-2-amino-1-hydroxy-1-phe-

nylpropane

CHLORAL HYDRATE 2, 2, 2- trichloroethane-1,1-diol

CHLORDIAZEPOXIDE 7-chloro-2-(methylamino)-5-phenyl-

3H-1, 4-benzodiazepine-4-oxide

CHLORMETHIAZOLE 5-(2-chloroethyl)-4-methyl-1,3- thiazole

CHLORPHENTERMINE p-chloro-α-dimethylpheneth- lylamine

CYCLOBARBITAL 5-(1-cyclohexen-1-yl)-5-ethylbarbi- turic acid

DEXAMPHETAMINE (+)-2-amino-1-phenylpropane

DIAZEPAM and other

compounds containing the

chemical structure of

DIHYDRO-1:4 BENZODIA-

ZEPINE or of DIHYDRO-1:5

BENZODIAZEPINE

substituted to any degree 7-chloro-1, 3-dihydro-1-methyl-5-

phenyl-2H-1,4-benzodiazepine-2-

one

ETHCHLORVYNOL ethyl-2-chlorovinylethynylcarbinol

ETHINAMATE 1-ethynylcyclohexanolcarbamate

FENCAMFAMIN dl-N-ethyl-3-phenylbicyclo (2,2,1)- heptan-2-amine

FENETYLLINE dl-3, 7-dihydro-1, 3 dimethyl-7-(2- [(1-methyl-2-phenylethyl) amino]

ethyl)-1H-purine-2, 6-dione

FENFLURAMINE N-ethyl-α-methyl-m(trifluorome- thyl) phenethylamine

FENPROPOREX dl-3-[(a-methylphenethyl)amino]

propionitrile

GLUTETHIMIDE 2-ethyl-2-phenylglutarimide

KETAMINE (±)-2-(2-Chlorophenyl)-2-

methylaminocyclohexanone

LEVAMPHETAMINE 1-a-methylphenethylamine

LEVOMETHAMPHETAMINE 1-N,a-dimethylphenethylamine

MAZINDOL 5-(p-chlorophenyl)-2, 5-dihydro-3H- imidazo [2, 1- a] isoindol -5-ol

MECLOQUALONE 3-(o-chlorophenyl)-2-methyl-4 (3H)- quinazolinone

MEFENOREX dl-N-(3-chloropropyl)-a- methylphenethylamine

MEPHENTERMINE N-α -trimethylphenethylamine

MEPROBAMATE 2-methyl-2-propyl-1, 3-propanediol dicarbamate

METHAMPHETAMINE (+)-2-methylamino-1-phenylpropane

METHAMPHETAMINE

RACEMATE METHAQUALONE 2-methyl-3-o-tolyl-4(3H)-quina-

zolinone

METHYLPHENIDATE 2-phenyl-2(2-piperidyl) acetic acid, methylester

METHYLPHENOBARBITAL 5-ethyl-1-methyl-5-phenylbarbituric acid

METHYPRYLON 3, 3-diethyl- 5-methyl-2, 4- piperidine-dione

N-ETHYLAMPHETAMINE dl-N-ethyl-a-methylphenylethyl- amine

PARALDEHYDE acetaldehyde trimer

PENTAZOCINE 1, 2, 3, 4, 5, 6, hexahydro-6, 11-

dimethyl-3 -(3-methyl-2-butenyl)-

2, 6-methano-3-benzazocin-8-ol

PENTOBARBITAL 5-ethyl-5-(1-methylbutyl) barbituric acid

PHENCYCLIDINE 1-(1-phenylcyclohexyl) piperidine

PHENDIMETRAZINE (+)-3, 4-dimethyl -2-phenylmorpho- line

PHENMETRAZINE 3-methyl-2-phenylmorpholine PHENOBARBITAL 5-ethyl-5-phenylbarbituric acid PHENTERMINE a, a-dimethylphenethylamine

PIPRADROL 1,1-diphenyl-1-(2-piperidyl)

methanol

PROPYLHEXEDRINE dl-1-cyclohexyl-2-methylamino- propane

PYROVALERONE dl-1-(4-methylphenyl)-2-(1- pyrrolidinyl)-1-pentanone

SECBUTABARBITAL 5-sec-butyl-5-ethylbarbituric acid

SECOBARBITAL 5-allyl-5-(1-methylbutyl) barbituric acid

SPA, LEFETAMINE (-)-1-dimethylamine-1, 2, diphenylethane

TRAMADOL (±)-trans-2-Dimethylaminomethyl-1- (3-methoxyphenyl) cyclohexanol

VINYLBITAL 5-(1-methyl-butyl)-5- vinylbarbituric acid.

ZOLPIDEM (N,N,6-trimethyl-2-p-tolylimidazo

[1,2-α]pyridine-3-acetamide)

2C-B (4-bromo-2,5-

dimethoxyphenethylamine)

GHB (γ-hydroxybutyric acid)

AMINOREX 2-amino-5-phenyl-2-oxazoline

BROTIZOLAM 2-bromo-4(o-chlorophenyl)-9-

methyl-6H-thieno

[3,2-f]-s-triazolo [4,3-a] [1,4]

Diazepine

BUPRENORPHINE 21-cyclopropyl-7-alpha-[(S)- lhydroxy-1,2,2-trimethylpropyl]-

6,14-endoethano-6,7,8,14- tetrahydrooripavine

MESOCARB 3-(α-methylphenethyl)-

Nphenylcarbamoyl) sydnone imine

PEMOLINE 2-amino-5-phenyl-2-oxazolin-4-one or

2-imino-5-phenyl-4-oxazolidinone

ZIPEPROL α-(α-μethoxybenzl)-4- ((ßmethoxphenethyl)-

1-Piperazineethanol

DRONABINOL delta-9- (6aR, 10aR)-6a7, 8, 10a-tetrahydro- tetrahydrocannabinol 6,6,9-

and its stereochemical variants trimethyl-3-penatyl-6H-dibenzo [b,d] (This item refers to only one of the pyran-1-o1

stereochemical variants

of delta-9-tetrahydrocannabinol,

namely (-)-trans-delta-9-

tetrahydrocannabinol.)

And any salts or esters of the above.