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Swimming Pools (Control) Act (Cap. 244) Consolidated

SWIMMING POOLS (CONTROL) [CAP. 244. 1

CHAPTER 244

SWIMMING POOLS (CONTROL) ACT

To provide for the control of swimming pools and for matters ancillary or incidental thereto.

(21st June, 1974)*

ACT XXXI of 1974, as amended by Act XIII of 1983; Legal Notice 411 of

2007; and Act II of 2009.

1. The short title of this Act is the Swimming Pools (Control) Act.

2. In this Act, unless the context otherwise requires - "Minister" means the Minister responsible for resources; "person" includes a body or association of persons;

"swimming pool" means any built up, constructed or dug in area, the maximum internal height of which is at any point not less than ninety centimetres, which is filled or is intended to be filled with water, and is not used solely for agricultural purposes, but does not include any cistern used solely for water collection and/or storage; it also includes any recipient, made of whatever material, which could be used for swimming or bathing purposes.

3. No person may construct, operate, or allow or permit the use of any swimming pool without the written permission of the Minister.

4. (1) The Minister may make regulations, and when made may vary, al ter or, without p r ejudice to the mak i ng of new regulations, revoke such regulations, to control and regulate the construction, operation and use of swimming pools and the grant of permissions under article 3.

(2) Any regulations made under this Act shall be laid on the Table of the House of Representatives as soon as may be after they are made and if, within the period of twenty-eight days after they are so laid, the House resolves that they be annulled or amended, the same sha l l thereupon cease to have e f fect or sha l l be so am ended, as the case may require, bu t wit hout prejud ice to t he validity of anything previously done thereunder or to the making of new regulations.
(3) In reckoning for the purpose of subarticle (2) any such period of twenty-eight days, no account shall be taken of any time during wh ich th e Ho use of Rep resent ativ es is not in session or during which it is adjourned for more than seven days.

Short title.

Interpretation. Amended by: II. 2009.20.

Swimming pools subject to Minister’s permission.

Power to make regulations.

*See Government Notice No. 416 of 21st June, 1974.

2 CAP. 244.] SWIMMING POOLS (CONTROL)

Offences and penalties. Amended by: XIII. 1983.5;

L.N. 411 of 2007.

Offences by bodies of persons.

5. Any person who contravenes any of the provisions of this Act or of any regulations made thereunder shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) of not less than six hundred and ninety-eight euro and eighty-one cents (698.81) but not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37).

6. Where an offence under this Act is committed by an association or body of persons, every person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer of such association or body of persons, or was purporting to act in any such capacity, shall be guilty of that offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence.