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Malta Travel And Tourism Services Act (Cap. 409) Tourism Operations (General) (Amendment) Regulations, 2005 (L.N. 85 Of 2005 )

MALTA TRAVEL AND TOURISM SERVICES ACT (CAP. 409)
Tourism Operations (General) (Amendment) Regulations, 2005
IN exercise of the powers conferred by Article 47 of the Malta Travel and Tourism Services Act (Cap 409), the Minister for Tourism and Culture, on the recommendation of the Malta Tourism Authority, has made the following regulations.

Citation.

L.N. 128 of 2002

.

Amends regulation

4 of the principal regulations.

1. The title of these regulations is the Tourism Operations (General) (Amendment) (Regulations), 2005 and shall be read and construed as one with the Tourism Operations (General) Regulations,
2002, hereinafter referred to as “the principal regulations”.
2. For sub-regulation (4) of regulation 4 of the principal regulations, there shall be substituted the following>-
“(4) (a) When a licensee wishes to engage an operator to run all or any part of the tourism operation, he shall obtain the prior approval of the Authority.
(b) If the operator of a tourism operation or of any part of such tourism operation is different from the licensee, such licensee shall submit details of the operator to the Authority and inform the Authority whenever the operator is replaced>
Provided that if the tourism operation, or any part of such tourism operation, is under the sole and exclusive control of the operator for any period covered by the licence, the responsibility of the operator at law shall be equivalent to that of the licensee.
Provided further, it shall be competent to the Authority to proceed against the licensee or the operator, or both, for any of the following>
(i) infringements of the provisions of the Act or of regulations issued thereunder<
(ii) outstanding licence fees or contributions due to the Authority in terms of any law.
(c) In the event of an application for the issue of a licence being filed by a body corporate, the Authority shall issue the said licence in the name of the body corporate making the application and it shall be the duty of the body corporate making such application to submit to the Authority details relating to the operator.
(d) Where a licence is to be issued in the name of a body corporate, it shall be incumbent on the person requesting the issue of such licence to provide the Authority with details of the physical person who is to represent the body corporate in all its dealings with the Authority. Such person so indicated shall for intents and purposes of the Act or of regulations issued thereunder, be responsible jointly and severally with the licensee for each of the following>
(i) infringements of the provisions of the Act or of regulations issued thereunder<
(ii) outstanding licence fees or contributions due to the Authority in terms of any law>
Provided that it shall be the duty of the person so nominated to signify his responsibility by signing and filing the appropriate form with the Authority, and to inform the Authority whenever such responsibility ceases.
(e) The provisions of paragraph (d) hereof shall apply in their entirety to situations where the operator, or a tourism operation or any part thereof, is a body corporate.
(f) In the event of no information being submitted by the licensee regarding the engagement of an operator, as required by this regulation, the licensee shall, in all cases, be solely responsible for conforming to the provisions of the law and the regulations made thereunder.”.
3. For paragraph 3 of the Schedule to the principal regulations, there shall be substituted the following>
B 1055

Amends the Schedule to the principal regulations.

B 1056
“3. Without prejudice to the Authority’s right to take action in accordance with the provisions of article 42 of Part VII of the said Act, you are hereby requested to stop this breach of the law and to regularise your position IMMEDIATELY#WITHIN .............DAYS FROM THE DATE OF THIS NOTICE.”.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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