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Maltese Laws |
MALTA TRAVEL AND TOURISM SERVICES ACT
To make provision for the promotion of tourism, for the regulation of tourism services and operations, for the establishment of an authority with powers to that effect and for matters connected therewith or ancillary thereto.
1st September, 1999;
11th October, 2000;
23rd February, 2001;
1st January, 2002;
31st May, 2002;
9th July, 2002;
14 March, 2003
ACT XII of 1999, as amended by Acts XXVI of 2000 and VI of 2001, Legal Notices 512 of
2004 and 426 of 2007; and Act XXIII of 2009.
ARRANGEMENT OF ACT
Articles | ||
PART I. | Preliminary | 1-2 |
PART II. | Administration | 3-17 |
Title I - The Malta Tourism Authority | 3-11 | |
Title II - The Directorates | 12 | |
Title III - The Tourism Appeals Board | 13-14 | |
Title IV - Common Provisions | 15-17 | |
PART III. | Accommodation and Catering Establishments | 18-26 |
PART IV. | I ncomi n g T ouris m Agenci es, T r a v el Agencie s a n d Destination Management Companies | 27-31 |
PART V. | Organised Excursions | 32-35 |
PART VI. | Tourist Guides | 36-39 |
PART VII. | Enforcement of Control | 40-42 |
PART VIII. | Offences and Penalties | 43-45 |
PART IX. | Supplemental | 46-53 |
SCHEDULES
FIRST SCHEDULE Provisions with respect to the proceedings of the
Authority
SECOND SCHEDULE Executive Directorates
THIRD SCHEDULE Proceedings before the Tourism Appeals Board and appeals therefrom
FOURTH SCHEDULE Regulations kept in force
PART I
PRELIMINARY
Short title. 1. The short title of this Act is Malta Travel and Tourism
Services Act.
Interpretation. Amended by: XXIII. 2009.85.
"accommodation" means a room or rooms furnis hed and equipped to provide living accommodation to a person;
"advertisement" means the making of a representation in any form in connection with a trade or business in order to promote
the supp ly of goods or services, including the making of any such representation, any word, letter, model, sign, placard, board,
notice, brochure or device, whether illuminated or not, in the nature of and emplo y ed whol ly or in part for the purposes of advertisement,
announcement or direction, and any boarding or similar structure used or adapted for use for the d i splay of advert isement s;
and "advertise" shall be construed accordingly;
"agency of Government" means a body corporate established by l a w or a com p an y in wh ich th e G ove rn men t or such
a bo dy corporate, or a combination thereof, has a controlling interest or which is a subsidiary of such a company;
"appointed day", in relation to articles 50, 51 and 52 means the day on which the said articles will come into force;
"the Authority" means the Malta Tourism Authority established by arti cle 3 and includ es any person actin g on it s behalf
under powers delegated by the Authority under this Act;
"the Board" means the Tourism Appeals Board established under article 13;
"catering establishment" means any building, premises or other establishment, including kiosks, howsoever described, purveying
for reward food and, or, beverages including wines and spirits, for consumption;
"destination management company" means any person whose p rin cipal li ne of b usiness, whet her as princi pal o r ag ent,
i s the creation, planning and operation of high level motivational and specialised programmes for tourists and other persons,
whether singly or in groups, and which programmes include the provision of all or any of the following services: accommodation in
a hotel or other suitable est a blishm ent; travel; conferen ce facilities; excursions; guides; interpreters; technical support;
entertainment and all other matt ers no rmally connected with motivation a l programmes, congresses, meetings and conference and
incentive travel. The term ''dest i natio n ma nagemen t company ' ' do es n o t i n clud e a ho tel keeper, guest
house k eeper, keeper of hol iday premises, a person who provides accommodation to tourists in a house, a tourist guide, a person
who provides transport services by land, sea or air, an incoming tourism agent, a travel agent or an organised excursion operator;
"the Directorates" means the Enforcement Directorate and such other executive directorates as are established under article
12;
"enforcement notice" has the meaning assigned to it by article
41;
"financial year" means the period of twelve months ending on 31
December of any year:
Provided that the first financial year of the Authority shall commence on the coming into force of this Act and end on the 31
December of the following year;
"guest" means a person who is provided with accommodation at a hotel, guest house, hostel, holiday premises, lodging house
or house used for the provision of accommodation to tourists or who has such accommodation placed at his disposal in any such place;
"guest house" means any building, howsoever described, but not be ing a hotel, in which accommodation, ancillary se rvices
and amenities are provided for the public by a common management; and "guest house keeper" shall be construed accordingly;
"holiday premises" means any building, howsoever described, but not being a hotel, guest house, hostel or the ordinary residence
o f t h e ow ner or tenant thereof, as the case may be, in wh ich accomm odation, ancillary services, including self-catering services,
and amenities are provided for tourists; and includes any number of such buildings which are grouped together; and "keeper of
holiday premises" shall be construed accordingly;
"hostel" means any building, howsoever described, but not being a hot el o r a gu est ho use, in wh ich accomm odat i on
, an ci ll ar y services and amenities of a basic st andard are provided for the public by a com mon m anag em ent; and "hostel
keeper" shall be construed accordingly;
"hotel" means any building, howsoever described, in which accommodation, ancillary services and amenities are provided for
the public by a common management and includes any number of such buildings which are grouped together; and "hotel keeper"
shall be construed accordingly;
"house" means any building, howsoever described, not being a hotel, guest house, hostel, holiday premises or lodging house,
used or intended to be used, whether wholly or in part, for habitation;
"incoming tourism agent" means any person who, whether as principal or agent, arranges for, advises on or undertakes to
provide to tourists and other persons, whether singly or in groups, travel arrangemen t s in respect of incomin g travel, in
cl udin g accommodation in a hotel, guest house, hostel, holiday premises or house used for the provision of accommodation to tourists;
travel; organised excursions and all other matters normally or by custom connected with the tourism industry, but does not include
a hotel k e ep er, guest hou se keeper, ho stel k e ep er, keep er of ho li day premises, a person who provides accommodation to
tourists in a house, a tourist guide, a person who provides transport services, a travel agency, a destination management company
or an organised
excursion operator and "incoming to urism agency" shall be construed accordingly;
"licence" means a licence issued hereunder by the Authority;
"M ember S t ate" means a member sta t e of the European
Economic Area;
"Minister" means the Minister responsible for tourism;
"operator", in relation to a tourism operation other than a tourist guide, means a pe rson, othe r than an owner, who is
entitled to operate it in his own right under a title derived directly or indirectly from an owner;
"organised excursion" means any organised excursion or tour for five or more tourists or other persons to one or more places
in or around Malta or transport but excludes any service intended solely to provide transport; and "organised excursion operator"
shall be construed accordingly;
"owner", in relation to a tourism operation other than a tourist guide, means a person who in his own right or as agent
for another person is entitled to receive the rent in respect thereof where it is granted on lease or, where it is not let, would
be so entitled if it were let:
Provided that where the tourism operation is subject to usufruct the expression "owner" shall include the bare owner;
"public officer" has the meaning assigned to it by article 124 of the Constitution;
"requirement" means any obligation, prohibition, condition or
l i m it provi ded fo r in th e law s or regul ati ons, o r in the
administrat ive provi sion s, or ad m i nistrative practices of th e
Authority;
"tourism operation" means a hotel, guest house, hostel, holiday premi s es, ho use u s ed f o r th e pr ovi sio n of accom
m od at io n t o t ourists, caterin g estab lishm ent, travel agency, des t ination m a nagement company, incom i ng tourist agency,
or ganised ex cu rsi o n o p erat or, to urist g u i d e , an d ot her to urism serv ic es, whether licensed or not:
Provided that for the purposes of article 48(2), the term
''tourism operati ons'' shall no t include a ho use used for the
provision of accommodation to tourists when the house constitutes the permanent residence of the person who provides such accommodation;
"tourist" means any person who travels to a place other than that of his usual environment for less than twelve months and
who stays at lease one night in the place visited;
"t our ist gui de" mean s a person wh o g u i d es vi si tor s in th e l an guage o f t heir choice an d in terpr ets th
e cultu ral an d natu ral heritage of Malta and/or specific area or areas, and who possesses a specific relevant qualification and
licence issued and/or recognised by the Authority;
"travel agent" means any person who, whether as principal or agent, arranges for, advises on or undertakes to provide to
tourists and other persons, whether singly or in groups, travel arrangements in respect of outgoing travel, including accommodation
in a hotel, guest house, hostel, holiday pr emises or house used for the provision of accommodation to tourists; travel by air, land
or sea; organised excursions and all other matters normally or by custom connected with the tourism industry; but does not include
a hotel keeper, guest house keeper, keeper of holiday premises, a person who provides accommodation to tourists in a house, a tourist
guide, a supplier of transpor t services, an incoming tour ism ag ency, a destination management company or an or ganised excursion
operator and "travel agency" shall be construed accordingly;
"travel pack age" means the pre-arran g ed co mbination of n o fewer than two of the following when sold or offered for
sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:
(a) transport;
(b) accommodation;
(c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion
of the package, and shall include such pre- arranged combinations even when various components thereof are billed separately;
"traveller" means any person who contracts wi th a licensed toursim operation for the provision of any travel or travel
related services of any and every kind by such licensed tourism operation.
PART II
ADMINISTRATION
3. (1) There is hereby established an authority, to be known as t h e Malt a To ur ism Aut h o r it y, whi c h sh al l co nsi s t
o f el ev en voting members and of the chief executive who shall ex officio be a non-voting member.
(2) The voting members of the Authority shall be:
(a) six persons appointed by the Minister from among persons with knowledge of and experience in matters relating to travel
and tourism; one of whom shall have knowledge and experience relating to Gozo; and
(b) one person appointed by the Minister on the recommendation of the association recognised by the Minister as being
representative of the hotel sector; and
(c) one person appointed by the Minister on the recommendation of the association recognised by the Minister as being
representative of the tourism and travel agents sector; and
Establishment of the Malta Tourism Authority.
(d) one person appointed by the Minister on the recommendation of the national airline; and
(e) two persons appointed by the Minister on the recommendation of such other associations recognised by the Minister
as representing other sectors providing travel and tourism services.
(3) The chairperson of the Authority shall be so appointed by the Minister from among the persons appointed by him in terms of
subarticle (2)(a). The Chief Executive shall be appointed by the Authority which, for the purposes only of such appointment, shall be deemed to consist
only of the voting members.
(4) A person shall not be qualified to be appointed as, or to remain, a member of the Authority if he is a member of the House
of Representatives.
(5) The members of the Authority shall hold office for a period not exceeding three years. Any member may, before the expiration
of his term of office, resign by letter addressed to the Minister:
Provided that:
(a) the members of the Authority may be removed from office by the Minister prior to the expiry of their term of office where, in
the opinion of the Minister, they have been guilty of misconduct or where they are, in the opinion of the Minister, unable
to perform the duties of their office;
(b) a person who has been appointed by the Minister on the recommendation of any other person shall cease to hold office
where the person making the recommendation declares to the Minister that he is withdrawing his recommendation
with respect to that person.
(6) A person who has ceased to be a member of the Authority shall, if he is otherwise qualified, be eligible for re-appointment.
(7) Subject to the foregoing provisions of this article, the First Schedule to this Act shall apply to and regulate the proceedings
of the Authority.
Powers and legal personality of the Authority.
(2) The representation of the Authority shall vest in the
Chairperson:
Provided that the Authority may appoint any one or more of its members, or any one or more of its officers, to appear in its name
and on its behalf in any judicial proceedings or in any act, contract, instrument or other document whatsoever:
Provided further that where any of the powers of the
Authority are delegated in te rm s of subarticle (3), the representation of the Authority shall also vest in the executive
or exe c ut i v es so d e l e ga ted to t h e ex t e nt nec e ssary for th e prop er exercise of their powers.
(3) The Authority may delegate any of its executive powers to any one or more of its executives under such conditions as it may
deem appropriate:
Provided that the Authority’s powers in connection with standards and control may only be delegated to the Enforcement Directorate.
(a) to promote and advance Malta as a tourist destination; (b) to advise Government on tourism operations and to
issue licences under this Act;
(c) to monitor, classify and control the licensing of and standards provided in or by tourism operations;
(d) to contribute towards the improvement of the level of human resources in the tourism industry;
(e) to advise Government on the planning and development of the tourism industry as well as on the infrastructure
supporting the tourism industry; and
(f) generally to assist and advise Government on any matter relating to or affecting tourism, and to undertake
and organise such activities and projects as it may consider appropriate in connection with the performance of its functions.
(2) In the performance of its functions the Authority shall adopt and follow the policies and plans of the Governm ent
and otherwise act in conformity with the provisions of this Act and any other app licable law; and the Auth ority may m a
ke su ch investments, as the Minister may approve, and as are calculated to assi st i n th e pro m ot io n an d ad va nc em en
t of Mal t a a s a t o u r ist destination.
(3) The Minister may, from time to time, as he may deem appropriate, give in writing and publish such directives as regards
the policies and plans of the Go vern men t to b e ad op ted an d fol l owed by the A u th ori t y, and the Aut hority sh all, as
soon as practicable, adopt and follow all such directives.
Functions of the
Authority.
(2) The Authority shall also appoint one of its officers to act as secretary of the Authority.
(3) Without prejudice to subarticle (1), the Authority may, with the approval of the Minister, offer to any public officer performing
duties in the department of tourism permanent employment with the Authority with the benefits contemplated in subarticle (4).
Appointment of officers.
Cap. 93. Cap. 58.
(4) Every public officer who accepts permanent employment with the Authority offered to him pursuant to subarticle (3) shall, for
all purposes other than those of the Pensions Ordinance and of the Widows’ and Orphans’ Pensions Act, cease to be in the service of the Government and shall enter into service with the Authority with effect from the date of his acceptance
of the offer, or such later date agreed between him and the Authority; and for the purposes of the said Ordinance and of the said
Act service with the Authority shall b e deem ed to b e servi ce w ith th e Governm e nt with in the meaning thereof:
Cap. 93. Provided that for the purposes of the said Pensions O r dinanc e th e pen s io na bl e e m ol um en ts of such o f fi cer on reti remen t shal l be deemed to be the pensionable emol uments payable
to an officer in government service in a grade and at an incremental level corresponding to the post and incremental level at which
the officer retires from the Authority.
(5) (a) For the purposes of the proviso to subarticle (4), posts and salary grades with the Authority shall be classified in the most
nearly corresponding grades and incremental levels in the service under the Government of Malta by r e f e r e nce t o jo b descrip
t i o n , sk il ls, responsibilities and other analogous factors.
(b) The classification referred to in paragraph (a) shall be c a r r ie d ou t b y a bo ar d co mpo s ed o f a c h ai rma n appointed by the Ministry responsible for Finance and two
o t h e r m e mber s, on e ap po in ted b y t h e Mi ni st ry resp onsibl e centrall y fo r personnel poli c i e s i n th e public
service and one appointed by the Authority. The classification shall be subject to the final approval of the Minister responsible
for finance.
(c) Such classification shall take place within three months of any adjustment of salaries of employees in g overnm e nt
serv ice and, o r, of em plo y ees o f the Authority.
(d) No post shall be classified in a grade higher than that of grade 3 i n the service of t he governm ent or such other grade that
the Minister responsible for Finance may from time to time in the Gazette determine.
(e) No person may, following a classification as aforesaid, be entitled to rights under the said Pensions Ordinance
Cap. 93.
less favo ur ab le th an t h o s e t o wh ich he wo ul d hav e been entitled prior to such classification.
(6) The Authority shall in January of each year pay to the Government the dif f erence between th e co st o f pensi
ons and gratuities payable at the time of retirement from the Authority and the cost of the pension or gratuity, as the case may
be, computed at t h e ti me of t e rm i n at ion o f th e service of the officer with the Government to take up employment with the
Authority.
(2) Thereafter the Authority shall be paid out of the Consolidated Fund such sums as the House of Representatives
may approve.
(3) Without prejudice to the provisions of article 47 the Min i ster m a y, on th e recom m e nd ati on of t h e A u t
horit y, mak e regulations prescribing the contributions payable to the Authority by tourism operations and by such other persons
as may be declared by the Minister to be direct beneficiaries of the tourism industry.
(4) The Authority shall cause to be prepared in each financial year, and shall not later than four weeks prior to the end of such
y e ar ado p t, est imat e s of t h e in co me an d expend itu re of the Authority for the next following financial year:
Provided that, in respect of the first financial year, the Authority shall prepare and adopt estimates not later than twelve
weeks after the coming into force of this Act.
(5) The estimates shall be made in such form and shall contain such information and such comparisons with previous estimates as
the Minister may direct.
(6) A copy of the estimates of the Authority shall, upon their adoption by the Authority, be sent forthwith to the Minister.
(7) The Minister shall, at the earliest opportunity and not later than eight weeks after he has received a copy of the estimates
of the Authority, or, if at any time the House of Representatives is not in session , wi thin eigh t weeks from the b e g i nn ing
of the n e x t following session, cause such estimates to be laid before the House together with a motion that the House approve
the said estimates. One sitting day shall be allotted for the debate in the House on such motion; and both the motion and the approval
of the estimates by the House may be with or without amendment to the estimates.
(8) No expenditure shall be incurred by the Authority that has not been approved by the House of Representatives:
Provided that:
(a) until the expiration of six months from the beginning of a financial year or until the approval of the estimates for
that year, the Authority may make or incur expenditure for carrying out its functions under this Act not exceeding in the
aggregate one half of the amount approved for the preceding financial year;
(b) expenditure approved in respect of a head or sub-head of the estimates may, with the approval of the Minister, be incurred in
respect of another head or sub-head of the estimates;
Financial provisions. Amended by:
L.N. 426 of 2007.
(c) if in respect of any financial year it is found that the amount approved by the House is not sufficient, or if a need has arisen
for expenditure for a purpose not provided for in the estimates, the Authority may adopt supplementary estimates for approval
by the House and, pending such approval, but subject to its being given, the Authority may in special circumstances and with
the approval of the Minister, incur the relative expenditure; and the provisions of this Act applicable to the estimates shall,
as near as practicable, apply to the supplementary estimates:
Provided further that in respect of the first financial year of the Authority, this subarticle shall apply as if the total expenditure
that may be made or incurred by the Authority until the approval of the estimates for that year by the House may not exceed one half
of the amount shown in such estimates.
(9) All estimates and supplementary estimates approved by the
House shall, as soon as practicable, be published in the Gazette.
Accounts and audit.
(2) The accounts of the Authority shall be audited by an auditor or auditors to be appointed by it:
Provided that the Minister responsible for finance may require the books and other records of the Authority to be audited or
examined by the Auditor General who shall for this propose have power to carry out such physical checking and other verifications,
and may require such information, as he may deem necessary.
(3) After the end of each financial year, at the same time as a copy of the estimates of the Authority is forwarded to the Minister
in accordance with article 9, the Authority shall cause a copy of the statement of accounts duly audited to be transmitted to the
Minister together with a copy of any report made by the auditor or auditors on that statement or on the accounts of the Authority.
(4) The Minister shall cause a copy of every such statement and report to be laid before the House of Representatives together
with the motion laid before the House under the said article 9.
Annual report. 9. (1) The Authority shall, not later than twelve weeks after the end of each financial year, make and transmit to the Minister a report of its activities during that year, containing such information relating to the functions and to the proceedings of the Authority as the Minist er m a y from t ime to time requi re togeth er with th e audited accounts as provided in article 8.
(2) The Minister shall cause a copy of every such report to be laid on the Ta ble of the House of Rep r esen t a ti v e s wi th i n tw o weeks, or, if at any time the House of Representatives is not in session, within two weeks from the beginning of the next following session.
(a) one person, appointed by the Authority, who shall act as chairperson; and
(b) two persons, appointed by the Minister, on the recommendation of the Authority, one of whom shall be a person
holding a warrant to practise as an advocate or a warrant to practise as a legal procurator who has been practising for not
less than five years.
(2) There shall also be the executive directorates as listed in the Second Schedule to this Act, which shall be composed as described
therein. The Minister may, after consulting the Authority, by order in the Gazette, abolish any one or more of the said directorates,
vary their composition and es tab lish such ot her execu tiv e directorates as he may from time to time deem appropriate. Each directorate
so established shall be composed of a chairperson and such other members as the Minister may determine, all of whom shall be appointed
by him:
Provided that the Minister shall appoint such members from among p e rsons wit h know led g e and experience in t h e fi eld of operation
of the directorate concerned, one of whom shall have knowledge and experience relating to Gozo:
Provided further that a majority of such members shall be appointed from among operators in the tourism sector.
(3) The Authority may delegate to such directorates and require them to perform such of its functions with respect, among other
matters, to marketing and promotion, human resource development, pro d u c t p l an ni ng and de vel o pm e n t , t o uri s m su
p p o r t serv ic es, standards, and to other matters as it may from time to time deem appropriate; and any such delegation of its
functions may be made subject to such conditions as the Authority may deem appropriate and may, at any time, be with drawn, wh olly
or in part, by the Authority.
(4) The decisions of the directorates, including any licences issued and classifications made by them, shall be deemed to be,
and shall have the same force and effect as, decisions of the Authority,
Contracts of supply or works.
Amended by:
L.N. 426 of 2007.
Exemption from tax.
Authority may delegate executive functions to directorates.
except in respect of matters which the Authority expressly reserves to itself or requires to be referred to it for determination.
(5) (a) The chief executive may attend all meetings of the directorates other than the Enforcement Directorate.
(b) The executive director of a directorate may attend all meetings of that directorate.
(6) The members of the Enforcement Directorate and of the executive directorates, established by or under subarticle (2), shall
hold office for a period not exceeding three years and shall, if otherwise qualified, be eligible for re-appointment.
(7) Subject to the foregoing provisions of this article and to any rules th at may be m a de by the Au thority, t h e di rectorates
may regulate their own procedures.
(8) Any order made under the provisions of this article may be amended, substituted or revoked by a subsequent order made in the
same manner.
Appointment of the Tourism Appeals Board.
(2) The Prime Minister may also appoint panels of members and in such case the composition of the Board for any one or more appeals
to be heard by it shall be the responsibility of the secretary who shall, as far as is practicable, determine the composition on
the basis of rotation.
(3) A person shall not be qualified to be appointed as, or to remain, a member of the Board if he:
(a) is a member of the House of Representatives; or
(b) is a public officer.
(4) A member of the Board shall be disqualified from hearing an appeal in such circumstances as would disqualify a judge in a civil
suit; and in any such case the member shall be substituted by another person appointed for the purpose by the Prime Minister.
(5) The members of the Board shall hold office for a period of three years, and shall be eligible for re-appointment.
(6) A member of the Board may be removed from office by the Prime Minister on the grounds of gross ne gl ig ence, confli ct of
interest, incompetence, or acts or omissions unbecoming a member of the Board.
Functions and procedure of Tourism Appeals Board.
Amended by: VI. 2001.32.
therefor; and
(b) to hear and determine all appeals made by any person aggrieved by any decision of the Authority on any matter concerning
the classification or reclassification of tourism operations and the enforcement of control:
Provided that the jurisdiction of the Board shall be limited to ensuring that the policy of the Government and the provisions of this
Act or any ot her app licable l a w have b e en pro p erly i m plemented or ap pli e d and that the d i scret i on vested
in the Authority has not been used in an unreasonable manner.
(2) The decisions of the Board shall be final except with respect to points of law decided by the Board from which an
appeal shall lie to the Court of Appeal (Inferior Jurisdiction).
(3) The decisions of the Board shall be binding if they are supported by the opinion of two of its members, and the dissenting
me mber, if any, may express hi s op in io n sep a ratel y ; and al l decisions of the Board shall be delivered in public and shall
be published as soon as practicable after the sitting at which they are given.
(4) Advance notice of not less than fourteen days shall be given of th e m eeti ngs of the Board in such manner as the Board
may deem appropriate or as may be prescribed under article 47. The Board shall hold a first hearing of the appeal within one month
of the day of filing of the appeal.
(5) The Board may appoint experts and may require any department of Government or agency of the Government to provide the
Board with such information or advice as the Board may deem necessary for the proper execution of its functions.
(6) The Board shall have an independent administrative secretariat consisting of a secretary to the Board and such
other o f fi cers or employees as may be n ecessary for a prompt an d efficient determination of the matters within its jurisdiction.
The secretariat shall be chosen and appointed by the Board.
(7) Without prejudice to the provisions of subarticle (6), the administrative and technical support required by the Board for the
performance of its functions shall be provided by the Authority.
(8) Subject to the above, appeals to the Board and the conduct of the business of the Board shall be made in accordance with the
ru les con t ai ned in t h e Thir d Sched u l e t o thi s A c t; an d in th e absence of such rules on any matter, the Board may
regulate its own procedure.
(9) Appeals to the Court of Appeal (Inferior Jurisdiction) from decisions of the Board as provided in subarticle (2) shall be
made within fifteen days from the day the decision is delivered and such appeals shall be regulated by Rules of Court made under
article 29 of the Code of Organization and Civil Procedure.
(10) The Minister responsible for justice may by regulations under this subarticle establish the fees payable in the registry
of the court in relation to the filing of judicial acts in connection with
Cap. 12.
appeals to the Court of Appeal (Inferior Jurisdiction) under this article:
Cap. 12.
Members of the Authority, etc., to be deemed public officers for certain purposes.
Cap. 9.
Publication of names of members of the Authority, etc.
Disclosure of interest in contract. Substituted by: XXIII. 2009.86.
Provided that until such fees are so established by the Minister , the fees contained in Schedule A to the Code of Organization and Civil Procedure shall apply.
15. For the purposes of the Criminal Code and of any provision of a penal nature in any other law, the members of the Authority and of any committee, board, commission or other body established by this Act, and every officer or employee thereof, shall be deemed to be and be treated as public officers.
(2) Without prejudice to the provisions of subarticle (1), where at a mee tin g of th e A ut horit y or by su ch oth er bo dy
any o f the following matters arises, namely -
(a) an arrangement to which the Authority is a party or a proposed such arrangement, or
(b) a contract or other agreement with the Authority or a proposed such contract or other agreement, or
(c) the assessment of any application for the issue or renewal of a licence or other authorisation and any decision relating
thereto, or
(d) any decision of the Authority taken after reviewing the methods of operation of a licensee, or (e) any other particular matter
in which any member of the Authority or such other body is in any way, directly or indirectly interested,
then, any member of th e Authority present at the meeting who o t he rw i s e th an in hi s or he r ca pa city as suc h a member
ha s a material interest in the matter, shall -
(i) at the meeting, disclose to the Authority the fact of such interest and the nature thereof,
(ii) absent himself or herself from the meeting or that part of the meeting during which the matter is being discussed,
(iii) take no part in any deliberation of the Authority
relating to the matter, and
(iv) not vote on a decision relating to the matter.
(3) Where a material interest is disclosed pursuant to subarticle (2), the disclosure shall be recorded in the minutes of the meeting
concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member by whom the
d i scl o sure is made shall n o t b e cou n ted i n th e quor um for the meeting.
(4) A member of the Authority who, otherwise than in his or her capacity as such a member has a material interest in -
(a) an arrangement or proposed arrangement to which subarticle (2)(a) applies; or
(b) a contract or other agreement or a proposed contract or other agreement to which subarticle (2)(b) applies; or
(c) the assessment of any application for the issue or renewal of a licence or other authorisation and any decision
relating thereto; or
(d) any decision of the Authority taken after reviewing the methods of operation of a licensee; or
(e) any other particular matter in which any member of the Authority or by such other body is in any way, directly or indirectly,
interested,
shall neither influence nor seek to influence any decision to be made by the Authority in relation thereto.
(5) Where at a meeting of the Authority a question arises as to whether or not a course of conduct, if pursued by a member of the
Authority, would constitute a failure by him or her to comply with the requirements of subarticles (2) and (3), the question may,
subject to subarticle (6), be determined by the chairperson of the meeting, whose decision shall be final, and where such a question
is so determined, particulars of the determination shall be recorded in the minutes of the meeting.
(6) Where at a meeting of the Authority, the chairperson of the meeting is the member in respect of whom a question to which subarticle
(5) app lies falls to b e determined, t h en th e other members of the Authority attending the meeting shall choose one of their
number to be chairperson of the meeting for the purpose of determining the question concerned.
(7) Where the Minister is satisfied that a member of the Authority has acted contrary to any of the provisions of this
article, the Minister may, if he or she thinks fit, remove that member from office and, where a person is removed from office pursuant
to this subarticle, he o r she shall t h enceforth be disqualified for membership of the Authority.
(8) The term ‘material interest’ in this article shall include, but no t be li m i t e d to, being in th e same ty pe of business
as the applicant, or licensee, as the case may be.
PART III
Licence to keep hotel, guest house, hostel, holiday premises, catering establishment or house used for the provision of accommodation to tourists.
Amended by: XXIII. 2009.87.
ACCOMMODATION AND CATERING ESTABLISHMENTS
(2) No person shall provide accommodation in a house to to uri s t s u n less h e shall have previ o u s l y obt ained
and is in possession of a licence:
Provided that this subarticle shall not apply to the provision of such accommodation to bona fide relatives or friends when such accommodation is provided without any payment.
(3) It shall not be lawful for any person to give on lease to a tourist or to allow a tourist to occupy under any title, a house
in Malta, or to transfer to any tourist any right of lease, or other title to occupation, of any such house, and for any tourist
to take on lease or under any title to occupy a house in Malta, or to acquire any right of lease or other title to occupation of
any such house, unless there is in respect of any such house a valid licence issued by the Authority authorising such lease, transfer
or occupation.
(4) Unless provided in the licence or unless earlier revoked under any of the provisions of this Act, every licence shall
remain valid until the thirty-first day of December next following the date of issue and may, thereafter, be renewed from year to
year or for such further period or periods as may be specified:
Provided that the renewal of the licence shall only be su bj ect t o t h e co nt in ue d fu lfi l m e nt of the relevant
applicable requirements current at the time.
(5) Notwithstanding the provisions of subarticle (4), a licence may in special circumstances be granted on a temporary basis for
a period not exceeding ninety days which period may, on good cause being sho w n, be extended for a fu rther period or periods not
exceeding ninety days in the aggregate.
(6) Any licence which has been revoked or which has not been renewed shall be returned to the Authority.
(7) A licence may be granted or renewed as subject to such requirements, conditions, lim itation and exclusions as the Authority
may consider necessary, appropriate and proportionate in accordance with this Act.
(8) In the event that a hotel keeper contracts or otherwise undertakes to provide accommodation and other services, if
any, in his hotel and dishonours the contract or undertaking, then, without prejudice to any other right or remedy available to the
person with whom the hotel keeper contracted or to whom the undertaking was made and without prejudice to any defence available to
the hotel keeper, the hotel keeper shall cause the tourist or tourists to whom, or in respect of whom, the accommodation and other
services, if any, had to be provided, with accommodation and similar services, if any, in another hotel of the same or of a higher
category and
situated as near as possible to his hotel, and the hotel keeper shall be responsible for and shall pay any difference between the
price for the accommodation and other services, if any, which were to be provided in the hotel keeper ’s hotel and the price charged
in such other hotel:
Provided that where a tourist is accommodated in a hotel of a lower category than that in which the accommodation had to be provided
either because he so chooses or because the hotel keeper cannot find him an alternative hotel as provided in this subarticle, the
hotel keeper shall, saving any other remedies which may be available to the tourist or to the person who contracted with the hotel
keeper, im mediately pay to the person with whom he
c o ntracted, any dif f ere n ce between the price for the accommodation and other services, if any, which were to
be
provided in the hotel keeper ’s hotel and the price charged in the hotel of the lower category.
(a) the person applying therefor is of good character and is fit and proper to be granted a licence in relation to a hotel, guest
house, hostel, holiday premises or catering establishment or to provide accommodation to tourists in a house, as the case may be;
provided that if the applicant is a body corporate or a person other than the person who will operate or in fact operates the hotel,
guest house, hostel, holiday premises or catering establishment or who will provide accommodation in a house, the attributes
in this paragraph shall at all times have to be satisfied by the person who will be responsible for such operation
or provision of accommodation or who in fact effects such operation or provides such accommodation.
The person who will be responsible for such operation or provision of accommodation or who in fact effects such operation or
provides such accommodation possesses the skills and competencies necessary to operate a business of a hotel, guest
house, hostel, holiday premises or catering establishment or to provide accommodation to tourists in a house, as the
case may be, proven to the satisfaction of the Authority by means of either a relevant formal qualification
from a recognised training institution or at least two years experience in the management of a similar business activity;
(b) the premises in respect of which the application is made are suitable and adequate for use as a hotel, guest
house, hostel, holiday premises, catering establishment or house for the provision of accommodation
to tourists, as the case may be;
(c) the use of the premises as a hotel, guest house, hostel, holiday premises, catering establishment or house for
Conditions under which licence is granted.
Amended by: XXIII. 2009.88.
the provision of accommodation to tourists is desirable in accordance with government policy at the time of the consideration of the
application for the grant of the licence.
(2) A hotel, guest house, hostel, holiday premises, catering establishme nt or house used for the accommodation of tourists
sha ll not use a nam e w h ich i n t h e o p in ion o f t h e A u t hority i s undesirable, unsuitable or misleading.
Transfer of licence.
Amended by:
XXIII. 2009.89.
20. A licence to keep or operate a hotel, guest house, hostel, holiday pr emises, cate ri ng establishm ent or house used fo r the accommodation to tourists may, with the consent in writing of the Authority previously obtained, be transferred to any person who fulfils the requirements mentioned in article 19(1)(a).
Classification. 21. (1) A licensed hotel, guest house, hostel, holiday premises or catering esta blishment shall b e gi ven such classi fi catio n or reclassification as, in accordance with such regulations as may be in force form time to time, reflects the standard and level of service provided by such hotel, guest house, hostel, holiday premises or catering establishment:
Provided that the Authority shall not be obliged to reclassify a hotel, guest house, hostel, holiday premises or catering
estab lish m ent before the l a pse o f one year from its last classification.
(2) Where it appears to the Authority, after such inquiry as it may deem fit, that a hotel, guest house, hostel, holiday premises
or c a te ri n g est a b l i s hm e n t i s no t b e in g k e p t or m a na ge d up t o t h e standard required by a hotel, guest
house, hostel, holiday premises or catering establishment of the category in wh ich it is then classified in accordance with the
regulations in force at that time, the Authority may reclassify the hotel, guest house, hostel, holiday premises or catering establishment
into a lower category. Any such re-cl a ssification shall be notifie d to the holder of the relativ e licence and shall have effect
as from the date on which it is so notified.
(3) Where, in accordance with the provisions of article 14, an appeal is entered against a classification made by the Authority
under subarticle (1), such classification shall not become effective until the appeal is finally determined.
(4) Any certificate of classification which has been revoked or substituted shall be returned to the Authority.
Advertisement and representation.
Joint licence and classification.
classification:
Provided that the Authority may give the catering establishment o r est abl ishm ents com prised in such hotel, guest
house or holiday premises a different classification or different classifications if the level of service provided so warrant or
require.
PART IV
INCOMING TOURISM AGENCIES, TRAVEL AGENCIES AND DESTINATION MANAGEMENT COMPANIES
(2) Unless earlier revoked under any of the provisions of this Act, every such licence shall remain valid until the thirty-first
day of December next following the date of issue and may, thereafter, be renewed from year to year or for such further period or
periods as may be specified:
Provided that the renewal of the licence shall only be su bj ect t o th e con tin ued fu lf ilm en t of th e rel e v a nt
app l i c ab le requirements current at the time.
(3) A licence which has been revoked or which has not been renewed shall be returned to the Authority.
(4) A licence may be granted or renewed as subject to such r e q u i r ement s , con d i tio ns, li mit at io ns an d exclu s
ion s as t h e Authority may consider necessary, appropriate and proportionate in accordance with this Act.
Register of guests.
Register to be kept open for inspection by police, etc.
Applicability.
Licence to operate as incoming tourism agency, travel agency or destination management company. Amended by: XXIII. 2009.90.
(a) the person applying therefor is of good character standing and is fit and proper to be granted and operate a licence in relation to the business of an incoming tourism agent or a travel agent or of a destination management company, as the case may be:
Conditions under which licence is granted.
Amended by: XXIII. 2009.91.
Provided that if the applicant is a body corporate -
(i) the requirements mentioned in the preceding paragraph shall apply to that person designated to be responsible for
the management of the business activity being licensed;
(ii) the person applying therefor possesses the skills and competencies necessary to operate a business of an incoming
tourism agent, or of a travel agent or of a destination management company as the case may be, proven to the satisfaction
of the Authority by means of either a relevant formal qualification from a recognised training institution or at least
two years experience in the management of a similar business activity:
Provided further that where the applicant is a body corporate, the requirements mentioned in the preceding paragraph
shall apply to that person designated to be responsible for the management of the business activity being licensed;
(b) the person applying therefor has suitable premises and means at his disposal for the proper and efficient running of
the business of an incoming tourism agency, a travel agency or of a destination management company
as the case may be; and
(c) the person applying therefor shows to the satisfaction of the Authority that he shall at all times have adequate
insurance in accordance with the requirements of article 31.
Name of tourism agent, travel agent or destination management company.
Transfer of licence.
Amended by:
XXIII. 2009.92.
(2) An incoming tourism agent and a travel agent and a destination management company shall exhibit his or its licence in a prominent place in his or its place of business. If an incoming tou r ism ag en t or a trav el ag en t or a desti n ation man a g e ment company operates from more than one place of business his or its licence shall be exhibited in his or its principal place of business and a copy or copies of his or its licence, issued and certified as such by the M i nister on payment of the prescribed fee, shall likewise be exhibited in all his or its places of business other than his or its principal place of business.
(2)* Every tourism operation requiring a licence under this Act shall, with effect from a date to be specified by the Author ity, contribute
to an insolvency fund which the Authority may establish in such manner and for such amounts and under such conditions, and shall
be managed by such persons, as may from time to time be determined by the Authority; the fund will provide compensation to any traveller,
licensed tourism operation or tourist for undisputed debts or for unavoidable but necessary expenses arising from the insolvency
of a licensed tourism operation.
(3)* The Authority shall ensure that contributions required to be paid by licensed tourism operations and the conditions, exclusions
and limitations of the insolvency fund referred to in subarticle (2) shall be published annually and be reasonably linked to the
size and degree of risk being accepted by the fund from each licensed tourism operation; any compensation offered by the fund shall
be p ubli s h e d wit h in si x mon t hs o f the in solvency o f the l i censed tourism operation.
PART V ORGANISED EXCURSIONS
carrying on, the business of an organised excursion operator unless he shall have previously obtained and is in possession of a licence.
(2) Unless earlier revoked under any of the provisions of this Act, every such licence shall remain valid until the thirty-first
day of December next following the date of issue and may, thereafter, be renewed from year to year or for such further period or
periods as may be specified:
Provided that the renewal of the licence shall only be su bj ect t o th e con tin ued fu lf ilm en t of th e rel e v a nt
app l i c ab le requirements current at the time.
(3) A licence which has been revoked or which has not been renewed shall be returned to the Authority.
(4) A licence may be granted or renewed as subject to such r e q u i r ement s , con d i tio ns, li mit at io ns an d exclu s
ion s as t h e Authority may consider necessary, appropriate and proportionate in accordance with this Act.
Insurance and insolvency fund. Amended by: XXIII. 2009.93.
Licence to carry on business of organised
excursion operator.
Amended by:
XXIII. 2009.94.
*this subarticle is not yet in force.
which licence is granted. Amended by: XXIII. 2009.95.
of article 32 unless -
(b) the person applying therefor has suitable means at his disposal for the proper and efficient organisation of organised excursions.
Provision of services by excursion operator.
(a) under a name which in the opinion of the Authority is undesirable, unsuitable or misleading, and
(b) unless the services of a tourist guide are provided for any such excursion.
Transfer of licence.
Amended by:
XXIII. 2009.96.
(2) An organised excursion operator shall exhibit his licence in a prominent place in his plac e of business. If an o r ganised excursion operator operates from more than one place of business his licence shall be exhibited in his principal place of business and a copy or copies of his licence, issued and certified as such by the Authority on payment of the pres cribed fee, shall likewise be exhibited in all his places of business other than his principal place of business.
PART VI
TOURIST GUIDES
(2) A licence may be granted and renewed for such periods and as sub j ect to su ch r e qu iremen ts, con d it io ns, li mi tati
on s an d exclusions as the Authority may consider necessary, appropriate and proportionate in accordance with this Act and regulations
made under it.
(3) A licence which has been revoked or which has not been renewed shall be returned to the Authority.
Licence to act as tourist guide. Amended by: XXIII. 2009.97.
(a) the person applying thereof is of good character and is fit and proper to act as a tourist guide; and
(b) the person applying therefor possesses the relevant qualification/s to act as tourist guide; or
(c) demonstrates that he has the practical and theoretical competencies and experience deemed and recognized to be equivalent to
the qualifications referred to in paragraph (b) by the Authority in terms of this Act and regulations made under it.
Conditions under which licence is granted. Substituted by: XXIII. 2009.98.
(2) A tourist guide shall produce his licence for inspection on t h e demand o f any memb er o f th e Au th or it y or of an y p e rso n authorised in writing for the purpose by the Authority or by the chief executive of the Authority or of any person who shall have requested his services or to wh om his services shall have been offered.
Name of tourist guide.
Transfer of licence.
PART VII
ENFORCEMENT OF CONTROL
Monitoring of tourism operations.
Serving of notice.
behalf under this Act, or that any conditions subject to which a licence was granted in respect of any tourism operation are not being
complied with or that a licensed tourism operation is being run in viol atio n of any o f the provi sio n s of thi s A c t o r of
any regulations made hereunder, or that circumstances have arisen which justify the revo cation of the licence, the A uth or it y
sh all serve a notice on the owner of the tourism operation or, in the case of a t ouri s t gui de, on the t ouri s t gui de, requir
i ng the to urism operatio n to be stopped forthwith or, in cases no t in vo lv in g an unlicensed tourism operation, that the tourism
operation be stopped forthwith or that the irregularity be rectified.
(2) A copy of the notice given under subarticle (1) shall also b e serv ed on an y o pe ra to r of t he t o uri sm op erat i on
an d o n an y employees in the tourism operation and a copy shall be fixed at a point of entry into each of the premises used for
or in connection with the tourism operation.
(3) Except as otherwise provided in this article, a notice given under subarticle (1) (in this Act also referred to as an "enforcement
notice") shall -
(a) in respect of any requirement stopping or prohibiting the further carrying on of a tourism operation, take effect immediately
upon service of the notice;
(b) in respect of any other requirement, take effect immediately upon service of the notice or at the expiration
of such period as shall be specified.
(4) Any person who feels himself aggrieved by any enforcement notice served on him may, within fifteen days
from the service of the notice, appeal against it to the Board; and in any such appeal the Board -
(a) if satisfied that a licence was in force under this Act for the tourism operation to which the enforcement notice relates
or that no such licence was required in respect thereof, as the case may be, or that the conditions subject to which
such licence was granted were complied with and that the tourism operation to which the enforcement notice relates was being run
in accordance with the provisions of this Act and of any regulations made hereunder, shall quash the enforcement
notice to which the appeal relates or such part thereof in respect of which the Board is satisfied as aforesaid;
(b) in any other case, shall dismiss the appeal.
(5) An appeal shall suspend the effects of the notice against which the appeal is entered, except those that stop the carrying
on of a tourism operation, until such time as the appeal is determined. The appeal, if upheld, shall cancel this notice.
(6) When an appeal is dismissed, the Board may direct that, in respect of any requirement, other than a requirement stopping or
p r oh ibi ting th e fu rt her carry ing on of a t our ism oper a tio n, the
enforcement notice shall not come into force until such date as the
Board thinks fit.
(2) Notwithstanding the provisions of any other law, no precautionary warrant or other order shall be issued or made
by any court restraining the Au thor ity fr om the exercise of any of the powers conferred upon it by this article.
(3) All expenses reasonably incurred by the Authority to carry out an enforcement notice under this article shall be recoverable
as a civil debt by the Authority from the person who is then the owner of the tourism operation or, in the case of a tourist guide,
from the to ur ist guide, to which the enforc ement notice relates, without prejudice to such right of recovery such person may
have against any other person.
Supplementary provisions as to enforcement.
PART VIII
OFFENCES AND PENALTIES
Offences and penalties. Amended by:
L.N. 426 of 2007.
duties, or knowingly furnishes such officer or employee or agent or police officer with false information
required for the purpose aforesaid; or
(e) knowingly makes a declaration for any of the purposes of this Act which is false, misleading or incorrect in any material respect;
or
(f)* fails to comply with the provisions of article 31,
shall be guilty of an offence against this Act and shall be liable on conviction to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) and not more than twenty-three
thousand and two hundred and ninety-t hree euro and seventy-three cents (23,293.73), and in the case of an offence under paragraph
(b) of this subarticle, or in respect of an offence under paragraph ( c ) of this subarti c l e , if the offender p e rsi s ts i n th e of f e nce fo r m o re than three months, also to imprisonment for
a term of not less than three months and not more than three years.
(2) The court, besides awarding the punishment referred to in subarticle (1), shall order the offender to remove the causes of
the offence and to undo anything which was done without a licence or to comply with the conditions imposed in the licence, as the
case may be, within a time sufficient for the purpose, but in any case not exceeding three months from the date of the judgement,
to be fixed by the court; and if the offender fails to comply with any order within the time so fixed, he shall be liable to a fine
(multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) and not more than eleven thousand
and six hundred and forty-six euro and eighty-seven cents (11,646.87), as the court may fix, for every day the default continues
after the expiration of the said time.
Cap. 446. (3) The provisions of the Probation Act shall not apply in relation to the offences mentioned in subarticle (1).
(4) Proceedings against any person for any offence as is men tion e d in subarticle (1 ) sha ll be taken b e fo re the
Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, as courts of criminal judicature in accordance
with the
Cap. 9.
provisions of the Criminal Code:
Provided that, notwithstanding the provisions of article
376(1)(b) of the Criminal Code, the court shall, at the request of the prosecution or of the accused, take down evidence given by the
witnesses in the manner provided for in article 390(6) of the said
Code or in any other law.
(5) In any prosecution against a person charged with running or operating a hotel, guest house, hostel, or holiday premises without
a licence as is pr ovi ded fo r i n arti cl e 18 (1), or char g e d wi th providing accommodation to tourists, other than bona fide friends or relatives who are provided with such accommodation without any payment, without a licence as provided for in article 18(2),
it
*In force only as relating to the provisions of article 31(1).
shall be sufficient for the prosecution to prove that the accused had control of th e prem ises to wh ich the charge relate s; that,
upon inspection of the premises, a tourist or tourists were found thereon; that such premises had sleeping facilities; that personal
effects of such tourist or tourists were found on such premises; and that the premises were not duly licensed, and it shall not be
required to produce such tourist or tourists as witnesses or such personal effects as evidence, and the court shall deem such charge
to be proved unless the accused proves that such tourist or tourists had been duly accommodated in licensed premises or that such
tourist or tourists were bona fide friends or relatives as aforesaid.
(6) In any prosecution against a person charged with being an accomplice in any one or more of the offences listed in subarticle
( 5 ) it shall be su ff icient for t h e pro s ecutio n t o pr ove th at the premises to which the charge relates were not duly licensed
as is provided for in article 18(1) or (2), as the case may be; that, upon inspection of the premises, a tourist was found thereon;
that such premi s es had sleeping facilit ies; that person al effects of su ch person were found on the premises; and that the accommodation
in th e premises was procured by or for such person through the intervention, however effected, of the accused, and the prosecution
shall not be required to produce such tourist as a witness or such personal effects as evidence, and the court shall deem such charge
to be proved unless the accused proves that prior to intervening in the procurement of the accommodation he made diligent enquiries
as to the licensing of the premises or that, in the circumstances, he could not reasonably have been expected to know that the premises
were not duly licensed.
45. (1) Notwithstanding any other law providing for the trial and punishment of offences, where the Authority believes that a person
has committed an offence against this Act, other than an offence under article 43(1)(c), the Authority may give notice in writing to such person describing the offence of which the person is accused, indicating the
steps to be taken to remedy the offence and the fine which he is required to pay in respect of that offence:
Provided that the Authority may not require the payment of a fine higher than two thousand and three hundred and twenty-nine euro
and thirty-seven cents (2,329.37).
(2) Where a notice under this article has been given, the person named in the notice may, within twenty-one days of the service
of the notice, accept responsibility for the offence specified in the notice and within the same period, or such further period
as the Authority may allow, remedy the offence and pay, or undertake in writing to pay, the fine indicated in the notice or such
fine as the
Certified copies of certain documents.
Special procedure.
Amended by:
L.N. 426 of 2007.
Cap. 9.
Authority may accept in lieu, and in any such case -
(a) the person named in the notice shall be deemed to have committed the offence and to have admitted his guilt in respect thereof,
and the fine paid, or agreed to be paid, shall be the fine to which he became liable to pay;
(b) if the offence is remedied and the fine is paid within the period, or further period as aforesaid, no further proceedings may
be taken against the said person in respect of the same facts;
(c) if the fine is not paid within the period, or further period as aforesaid, it shall be treated as if it were a fine
(multa) ordered to be paid by the court which would have had jurisdiction to take cognisance of the offence, and proceedings may
be taken accordingly as if it were an order of that court.
(3) Where the person to whom notice is given under subarticle ( 1 ) do es not accept r e spon sib ility for t h e of fence or,
having accepted such responsibility, fails to remedy the offence within the time aforesaid, ordinary proceedings may be taken against
him in accordance with the provisions of the Criminal Code, of this Act and of any other law applicable to the offence.
Cap. 9. (4) Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of the Criminal Appeal from any judgement given in proceedings arising out of this Act or of any regulations, rules or orders made hereunder.
PART IX
Power to make regulations includes power of revocation, etc. Cap. 249.
Power to make regulations. Amended by: XXVI. 2000.18; L.N. 426 of 2007; XXIII. 2009.99.
SUPPLEMENTAL
46. Without prejudice to the provisions of the Interpretation Act, any power conferred by this Act to issue licences, to give classifi cat ions o r r e- classi ficatio ns, t o m ake regu lation s, r ules, orders, lists, schedules and any other instrument of like nature, includes the power from time to time to revoke, replace, amend, alter, add to or delete from any such instrument as aforesaid.
(a) regulate standards, levels of service and amenities in tourism operations, as well as any other matter relating thereto, taking
account of all relevant considerations, including tourism policy from time to time, classification, health and
sanitation;
(b) require that any category or class of persons working, whether employed or self-employed, in any tourism operation shall be
in possession of such licences or shall be in possession of such certificates of
competence or qualifications as may be prescribed;
(c) regulate time-share contracts and the promotion of and services provided in time-sharing resorts, including without prejudice
to the generality of the foregoing the information that is to be given to prospective purchasers and the language
in which such information is to be given, the form which such contract must be drawn up in, the establishment of such cooling-off
periods during which and other circumstances in which the purchaser may withdraw from the contract, as well as the prohibition
of any or such payments as may be determined before the premises to which the contract refers or the contracts are completed,
as well as imposing an obligation for the repayment of such deposits as may be prescribed if the contract is rescinded
or the purchaser withdraws therefrom.
Such regulations may provide that the time- sharing contract shall take such form as may be prescribed notwithstanding
any provision of any other law to the contrary and that it shall be drawn up in such language or languages or be accompanied by a
certified translation in such language or languages as may be prescribed.
Such regulations may also provide that in case of failure to abide by any of the provisions thereof as may be prescribed the
contract may be null. Such regulations may also regulate credit facilities that may be granted with such contracts and the
effect that a rescission or withdrawal from the contract may have on such credit agreements, and any other matter relating
to the sale of time-share and time-share agreements;
(d) regulate the provisions of travel package services;
(e) prescribe the form of any notice, order or other document authorised or required by this Act to be made, served
or given;
(f) prescribe the manner in which a licence fee or other charge made under this Act is to be established, made, reviewed, collected,
utilised or otherwise dealt with;
(g) to the extent not otherwise provided, prescribe the procedure to be followed by any body established by this Act, and
to amend, add or otherwise alter anything contained in the schedules to this Act;
(h) prescribe the fees payable to the Authority for any service provided by it, or in respect of any matter for which it
is considered that a fee should be payable;
(i) establish codes of ethics and conduct for tourism operations: provided that, in making its
recommendations to the Minister, the Authority shall consult and, so far as is advisable and possible, adopt
such recommendations as it shall receive from the associations recognised by the Minister as representative
of the various sectors interested in tourism;
(j) prescribe such insurance cover that must be held by licencees under this Act;
(k) provide for any purpose for which regulations are authorised or required to be made otherwise than by the Authority.
(2) Any regulation made under this Act may provide for any matter relating to liability for the observance of such regulations,
and the persons who may be liable, and for any matter relating to the enforcement of the said regulations, including, but not limited
to, the imposition of a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) in respect of any contravention
of, or failure to comply with, the provisions of such regulations.
Provision of services by government agency.
(2) Any service consisting in the supply of water or electricity provided by an agency of government to any tourism operation,
other than a tourist guide, may be suspended or withdrawn if the
t ourism operati on is un licen sed or , i f i t i s li cen s ed, if an enforcement notice is in effect in respect thereof.
Serving of notice. 49. (1) Where any notice or other instrument or document whatsoever is required or authorised to be served or given by or under this Act, it may be served or given in any of the following manners:
(a) by delivering it to the person on whom it is to be served or to whom it is to be given; or
(b) by leaving it at the usual or last known place of abode of that person or, if such person has furnished an address for
service, at that address; or
(c) by sending it by registered mail addressed to that person at the place of abode or the address for service aforesaid;
or
(d) in the case of a juridical person, by delivering it to an officer or servant thereof at the registered or principal office, or
sending it by registered mail addressed to the body aforesaid at that office; or
(e) in any case in which it is not reasonably possible to effect service in any of the foregoing manners whether on all or on any
one or more of the persons on whom service is to be made or notice is to be given, by affixing the document to be
served or given in a conspicuous place on the premises to which it relates and keeping it so affixed for a period of not less
than seven working days and by publishing the contents thereof in the Gazette.
(2) Where the notice or other document is required or authorised to be served or given to any person as having
an interest i n a t our ism op er at ion , an d t h e name o f th at person can not be ascertained after reasonable inquiry, or
is required or authorised to be served on an operator of a tourism operation, the notice shall be deemed to be duly served or given
if it is served or given in any of the manners indicated in subarticle (1) and addressed to the person having an interest in the
tourism operation by the description of "owner" or "operator", or "owners" or "operators",
as the case may require.
(2) Such transfer shall extend to the whole of such property, mo vab l e and immovable, asset s , p o wers, r i ghts, bo th real an d pers onal, privileges and causes of acti on hel d o r enjo yed in connection therewith or appertaining thereto.
Transfer of property.
(2) Where on the appointed day any legal proceeding is pending to which the National Tourism Organization is a party or is entitled to be a party, and such proceeding has reference to any of the transferred property or any right or liability transferred by or under this Act, the Authori t y sh all be substitu ted in such proceeding for the Na tional To urism Orga niza tion or shall be entitled to be so substituted.
Construction of existing laws, contracts, etc.
Transitory provisions.
(3) The Minister may by order make such incidental, consequential and supplemental provision as may be necessary or expedient for the purpose of securing and giving full effect to the transfer of any property, right or liability to the Authority by or under this Act and may make such orders as may be necessary to make any powers and duties exercised by the National Tourism Or ganization, in relation to an y of the transferred property, exercisable by the Authority.
Savings. Cap. 190. Cap. 197. Cap. 240. Cap. 264. Cap. 310.
53. (1) The regulations made under the Tourist Guide Service Act, the Hotels and Catering Establishments Act, the Guest Houses and Holiday
Furnished Premises Act, the Tr avel Agencies and Hotel Services Act, and the National Tourism Organization Act, repealed by this
Act, as shown in the Fourth Schedule to this Act, shall, until other provision is made under or by virtue of this Act, continue
in force and have effect as if made under this Act and, notwithstanding anything contained in those regulations and in the A c t
s abov em ent i oned wit h regard to of fences, penalt ies and criminal proceedings, the provisions of articles 43, 44 and 45 shall,
mutatis mutandis, apply to those regulations.
(2) Any licence, permission or other authority granted under any enactment, or any provision thereof, repealed by this Act, and
still in force immediately before such repeal, shall continue in force thereafter as if it were a licence, permission or authority
granted under a co rrespond ing p r ovision of thi s Act, as the case m a y require; and any such licence, permission or authority
as aforesaid shall be treated and dealt with accordingly.
SCHEDULES
FIRST SCHEDULE
[Article 3 (7)]
1. The Authority may act notwithstanding any vacancy amongst its members, provided there is a quorum present at the
meeting.
2. The quorum of the Authority shall consist of the Chairperson or ac ting chairperson, w ho, i n th e absence
of the chairperson for any particular meeting, shall be appointed by the members present, and not less than five o t her voting m
em b ers constituting the Authority at the time of the meeting.
3. The meetings of the Authority shall be called by the Chairperson either on his own initiative or at the request of
any three members of the Authority, specifying the agenda; and the Authority shall also meet at such times as it may itself decide.
4. The Chairperson, or the acting chairperson, shall have an original vote, and where the votes are equally divided, a second
or casting vote.
5. A member of the Authority who has a direct or indirect i n terest in any mat t er comin g b e fo re the Auth orit y
fo r consideration shall, as soon as the relevant circumstances have come to his knowledge, disclose the nature of his interest.
Such disclosure shall be recorded in the minutes of the meeting and the member -
(a) shall not take part in any discussion or decision of the
Authority with respect to that matter; and
(b) shall be disregarded for the purpose of constituting a quorum for any such discussion or decision.
6. All acts done by any person in good faith as a member of the Authority shall be valid and effective as if he were a member
ev en if some defect in his qualification for app o intm ent is subsequently discovered.
7. Without prejudice to the provisions of article 44, any docu m en t p u rportin g t o be a docu m en t m a de or issued
by th e Authority and signed by the chairperson of the Authority or by the chief executive on its behalf shall be re ceived in evide
nc e a nd shall, until the contrary is proved, be deemed to be a document made or issued by the Authority.
8. Subject to the provisions of this Act, including this
Schedule, the Authority may regulate its own procedure.
Revoked by:
L.N. 512 of 2004.
SECOND SCHEDULE
[Article 12(2)]
THIRD SCHEDULE
[Article 14(8)]
1. Any person who feels aggrieved by a decision of the Authority, as provided in article 14(1), may appeal to the Tourism
Appeals Board, on payment of the prescribed fee, within fifteen days from the date the decision on which the appeal is entered is
communicated to the person concerned.
2. The application shall state the grounds for the appeal and the request of the appellant, and a copy of it shall be communicated
to the Authority, before the appeal is heard.
3. The appellant shall appear before the Board either in person or through an agent on the day and at the time fixed
for the hearing, make his submissions and produce such evidence as the Board may allow:
Provided that the Board may postpone the hearing of the ap peal i f it is sati sfi e d that the appellant was prevented from appearing
before it owing to illness or absence from Malta or other similar reasonable cause.
4. The Board shall give the Authority an opportunity to make i ts su bm ission s in ju stificat io n o f its decisi ons, an d
b ri ng such evidence as the Board may consider necessary.
5. The Board shall have the power to summon witnesses and to administer the oath to any person appearing before it.
6. The Board shall have power to confirm, revoke or alter the decision appealed against and give such directions as it may deem
appropriate.
7. The decisions of the Board shall be final and no appeal shall lie therefrom except on a question of law only.
8. If the appellant or the Authority, as the case may be, are dissatisfied with any point of law decided by the Board, they may
appeal to the Court of Appeal by an application filed as provided in article 14(9).
9. All hearings of the Board shall be held in public and all decisions of the Board shall be given in public.
10. Subject to the foregoing provisions and to the provisions of this Act, the Board shall regulate its own procedure.
FOURTH SCHEDULE
[Article 53(2)]
Regulations kept in force
Amended by:
L.N. 124 of 2002.
Hotels and Catering
Leg a l N o ti ce 67 of 1 972 as
Establ ishm ents Regul ati ons, subsequently amended by Legal
19 72. - in so far as th ey r efer Notices: 85 of 1978; 19 of 1986;
only to catering establishments
135 of 1990; and 100 of 1991
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