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Maltese Laws |
AN ACT to amend various laws.
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-
(Amendment) Act, 2011.
(2) The provisions of this Part shall come into force on such date as the Minister responsible for transport may by notice in the Gazette establish, and different dates may be so established for different purposes of this Part.
Short title.
Amendment of the Traffic Regulation Ordinance. Cap. 65.
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Amendment of article 2 of the principal law.
Deletion of articles 5 to 11 and articles 13 and 14 of the principal law.
Amendment of article 16A of the principal law.
(a) the definition "motor-car" shall be deleted, and for the words "motor-car" or "motor-cars"
wherever they appear in the principal law there shall be substituted the words "motor vehicle" or "motor vehicles"
respectively;
(b) immediately after the definition "motor bus" there shall be inserted the following new definition:
"the words "motor vehicle" mean any vehicle propelled by mechanical power;"; and
(c) in the definition "owner” the words "or a ferry-boat" shall be deleted.
"(6) Every person who contravenes any of the provisions of this article shall be guilty of an offence and shall on conviction
be liable -
(a) for a first offence, to a fine (multa) not exceeding five thousand euro (€5,000); for a second offence, to a fine (multa) not exceeding seven thousand euro (€7,000) or to imprisonment for a period of not more than three months; for a third or subsequent
offence, to a fine (multa) not exceeding ten thousand euro (€10,000) or to imprisonment for a period of not more than six months or to both such fine and
imprisonment;
(b) to the immediate suspension or revocation of any prescribed permit, licence or authorisation;
(c) any prescribed penalty points; and
(d) the confiscation of the taxi-car for a period of: (i) not less than one month but not
exceeding three months for a first offence;
(ii) not less than three months but not exceeding six months for a second offence; and
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(iii) not less than six months but not exceeding twelve months for a second and subsequent offence.".
(a) for the marginal note thereto, there shall be substituted the words "Driver of passenger vehicle used
for hire or reward to be in possession of identification tag"; and
(b) in subarticle (1) thereof, for the words "a public transport vehicle" there shall be substituted the words "a
passenger vehicle used for hire or reward", and immediately after the words "that it may be easily seen," there
shall be inserted the words "unless otherwise prescribed,".
(a) for subarticle (2) thereof there shall be substituted the following:
"(2) Any Police officer or a local warden in whose opinion any such contravention has been committed, may hand over to the
owner or driver, or affix to the windscreen, of the motor vehicle used in the commission of the contravention, a notice containing
a general description of the contravention and such other information or requirements as the Minister may prescribe by regulations
made under this subarticle."; and
Amendment of article 34 of the principal law.
Amendment of article 37 of the principal law.
Deletion of articles 38, 42,
46 and 47 of the principal law.
Amendment of article 54 of the principal law.
Amendment of article 55 of the principal law.
Deletion of article 58 of the principal law.
Amendment to article 62 of the principal law.
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(b) for subarticle (3) thereof there shall be substituted the following:
Amendment of the Second Schedule to the principal law.
Amendment to the Land Acquisition (Public Purposes) Ordinance. Cap. 88
Amendment of article 2 of the principal law.
"(3) Where any notice has been handed over or affixed as is provided in subarticle (2), the owner or driver of the motor vehicle, as the case may be, or any other person who accepts responsibility for the contravention referred to in the said notice, may, within ten days of the notice, call at the place referred to in the notice, produce all such documents therein referred to and pay the fine set out in the second column of the said Schedule in respect of that contravention, or such person shall send those documents and payment of the fine by registered post or by any other means shown in that notice.".
shall be substituted by the words " "historical building" means land, other than land consisting of cultural property
constituting religious cultural heritage of the type referred to in article 52 of the Cultural Heritage Act, which:"; and
(b) in paragraph (b) thereof the words "other than cultural property of the type referred to in article 52 of the
said Act" shall be deleted.
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"4. (1) The Head of the Department of Health shall be the Chief Government Medical Officer.
(2) There shall also be a Superintendent of Public Health who shall carry out those functions assigned to him under
the Public Health Act or any other law.".
Employment) Act.
21. This Part amends the Āieh ir-Repubblika Act and it shall be read and construed as one with the Āieh ir-Repubblika Act, hereinafter in this Part referred to as "the principal Act".
(a) immediately after the words "diplomatic relations with Malta", there shall be added the words "or any international organisation of which Malta is a member"; and
Amendment to the Department of Health (Constitution) Ordinance.
Cap. 94
Substitution of article 4 of the principal law.
Amendment of article 5 of the principal law.
Repeal of the Public Transport (Regulation of Employment) Act.
Cap. 214.
Repeal of the Public Transport (Regulation of Employment) Act.
Amendment of the Āieh ir- Repubblika Act. Cap. 251.
Amendment of article 29 of the principal Act.
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(b) for the words "by any such State or Sovereign Order after the commencement", there shall be substituted the words
"by any such State, Sovereign Order or any international organisation after the commencement".
Amendment of the Local Councils Act. Cap. 363.
Amendment of article 31 of the principal Act.
(2) This Part shall come into force on such date as the Minister responsible for Local Councils may by notice in the Gazette appoint, and different dates may be so appointed for different purposes and for different provisions of this Part.
(a) in the marginal note thereof, the words "and Deputy
Mayor" shall be deleted;
(b) subarticles (2) and (4) thereof shall be deleted; and
Amendment of article 37 of the principal Act.
Addition of new article 37A to the principal Act.
(c) subarticle (3) thereof shall be renumbered as subarticle (2).
"Regional
Committees.
37A. (1) There shall be five regions as established in the Eleventh Schedule.
(2) (a) Each Regional Committee shall be chaired by a Chairman to be elected from among all Councillors of the localities
forming that Region.
(b) Each Local Council forming part of that Region shall appoint its representative to form part of the Regional Committee.
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(c) The Regional Deputy Chairman shall be appointed from among the members of the Regional Committee as appointed by the Local
Councils.
(3) The Regional Committee shall appoint a person to act as Executive Secretary to the same committee from among those persons
forming part of the pool mentioned in article 49.
(4) Any change of a locality from one region to another may be made by the Minister after consultation with the Local
Councils Association and shall be effected after considering the geographical aspect, the total population in each region
and the number of Local Councils in each region.
(5) The functions of Regional Committees shall be those established by the Minister by regulations to be made following consultation
with the Local Councils Association.
(6) The Regional Committees may also make bye-laws according to articles 34,
35, 36 and 36A which shall mutatis mutandis
apply to the making of such bye-laws.
(7) The Regional Committees shall be appointed for such time as the Minister may by order establish.
(8) The Minister may also by regulations establish the practice and procedure relating to the working of the Regional Committees.".
(2) The provisions of paragraph (b) of article 28 and paragraph (a) of article 29 shall come into force on such a date as the Minister responsible for finance may by notice in the Gazette establish.
Amendment of the Value Added Tax Act.
Cap. 406.
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Amendment of article 21 of the principal Act.
(a) in the proviso to subarticle (4) thereof, for the words "judgement is delivered by the Court of Appeal (Inferior Jurisdiction),
as the case may be." there shall be substituted the words "judgement is delivered by the Court of Appeal (Inferior Jurisdiction),
as the case may be:" and immediately thereafter there shall be added the following new proviso:
"Provided further that the Minister may by regulations prescribe conditions under which part or all the interest incurred under
this subarticle may be remitted. Such regulations may also make provision for the remission of any interest due
under the Value Added Tax Act, 1994, and under the Customs and Excise Tax Act."; and
(b) immediately after subarticle (4) thereof, there shall be added the following new subarticle:
Amendment of article 42 of the principal Act.
"(4A) Notwithstanding the other provisions of this article, no interest shall be due where a return required to be furnished under article 27 is furnished in an electronic format through the established web portal designated for the purpose by the Commissioner, together with payment of the tax due on the return, not later than seven days following the date on which the tax becomes payable under the provisions of this Act.".
(a) in paragraph (c) of subarticle (1) thereof, for the words "the administrative penalty for that default." there
shall be substituted the words "the administrative penalty for that default;" and immediately thereafter there shall be
added the following new paragraph:
"(d) no administrative penalty under article 38 shall be due where a return required to be made in terms of article 27
or a declaration required to be made in terms of article 30(1) is furnished in an electronic format through the established web portal
designated for the purpose by the Commissioner, together with payment of the tax due on the return, not later than seven days from
the date on which the said return or declaration should have been submitted under the provisions of this Act."; and
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(b) immediately after subarticle (3) thereof, there shall be added the following new subarticle:
"(4) The Minister may by regulations prescribe other conditions under which part of, or all, the administrative penalty incurred
under articles 37 to 41 may be remitted. Such regulations may also make provision for the remission of any administrative penalties
due under the Value Added Tax Act, 1994, and under the Customs and Excise Tax Act.".
Amendment of the Malta Resources Authority Act. Cap. 423.
(a) subarticle (2) thereof shall be substituted by the following:
"(2) The Authority shall, in consultation with the Minister, establish Directorates, Units, Divisions and Sections as appropriate,
and vested with such responsibilities as it may decide and which it may vary from time to time, as it deems appropriate.";
(b) in subarticles (3), (4), (5), (6) and (7) thereof, for the word "Directorates" wherever it appears, there shall
be substituted the words "Directorates, Units, Divisions and Sections", and for the word "Directorate" wherever
it appears, there shall be substituted the words "Directorate, Unit, Division and Section"; and
(c) in subarticle (9) thereof, for paragraphs (a), (b) and
(c) there shall be substituted the following:
"(a) assume full responsibility for the overall supervision and control of the Directorates, Units, Divisions and
Sections;
(b) assign to each Directorate, Unit, Division and Section such duties which he considers necessary or expedient;
Amendment of article 5 of the principal Act.
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Addition of new articles to the principal Act.
(c) co-ordinate the workings of the Directorates, Units, Divisions and Sections;".
"Proceedings when imposing administrative fines.
31A. (1) The Authority, before imposing an administrative penalty upon any person who infringes or fails to comply
with -
(a) any provision of this Act;
(b) regulations made thereunder; (c) any other law which the
Authority is entitled to enforce;
(d) any directive or decision given by the Authority whether under this Act, regulations made thereunder or under
any other law which the Authority is entitled to enforce; or
(e) any condition of any authorisation granted under this Act,
shall by judicial letter to the person concerned -
(i) give notice of the administrative penalty that may be imposed by the Authority;
(ii) give notice of the specific reason why such penalty may be imposed;
(iii) give notice of the amount of the penalty;
(iv) demand that the person concerned rectify the acts or omissions committed by such person and, or make submissions to the
Authority within a specified time:
Provided that such time may not be of more than twenty days and of not less than five days from the date of service of the judicial
letter:
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Provided further that the person, against whom an administrative penalty may be imposed, shall be given a reasonable opportunity
during such period of time as may be stipulated in the judicial letter to make submissions to the Authority and to propose any remedies
that rectify the acts or omissions required by the Authority to be so rectified.
(2) In the judicial letter mentioned in subarticle (1), the Authority may impose such conditions as it may consider reasonable
in the circumstances.
(3) If the person concerned remedies the infringement within the period established by the Authority in accordance with subarticle
(1), and agrees in writing to abide with any conditions that the Authority may impose, the Authority shall desist from proceeding
any further:
Provided that if the person concerned, after having been bound in writing as stated above, fails to remedy the infringement within
the period established by the Authority in accordance with subarticle (1) or fails to abide with any conditions agreed to in writing,
the Authority shall impose against such person an administrative penalty for such failure, in addition to the administrative penalty
which may be imposed for the infringement itself.
(4) If, after the lapse of the period mentioned in subarticle (1), the Authority considers that the person concerned has not
given any valid reasons to demonstrate why no administrative penalty should be imposed against such person, the Authority
shall proceed to impose such administrative penalty.
(5) Notwithstanding any other provision of this article, where the Authority has prima facie evidence that the infringement -
(a) represents an immediate and serious threat to public safety or public security or public health; or
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Cap. 12
(b) creates or may create serious economic or operational problems for other providers of resources or for consumers,
the Authority may shorten the periods mentioned in subarticle (1):
Provided that the person against whom such administrative penalty is imposed shall be given a reasonable opportunity to state any
views and propose any possible remedies.
(6) The judicial letter referred to in subarticle (1), upon the expiry of the time limit for appeal therefrom, and upon the service
of a copy thereof by means of a judicial act on the person liable to the payment of the administrative penalty, shall constitute
an executive title for all effects and the purposes of paragraph (a) of article 253 of the Code of Organization and Civil Procedure:
Provided that if the person, against whom the judicial letter has been issued, files an appeal before the Appeals Board, and concurrently
with or before the filing of the appeal requests the Appeals Board to suspend the effects of the judicial letter, then the Authority
shall desist from issuing a judicial act as referred to in this subarticle until the request of suspension has been determined, withdrawn
or otherwise dealt with:
Provided further that the Appeals Board shall determine any requests for suspension referred to in this subarticle expeditiously.
Before determining any such request the Appeals Board shall give the Authority a reasonable opportunity to reply and make its submissions,
within a period not less than three working days.
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Administrative infringements by bodies corporate.
(7) Interest at the rate of eight per cent per annum shall run as from the date set by the Authority for the payment of
any administrative penalty imposed by it. In cases where the Appeals Board or the Court of Appeal, as the case may be, after
having upheld an application to suspend the penalty pending proceedings, finally decides that the administrative penalty as imposed
by the Authority is due, such administrative penalty shall be due together with any interests accrued thereon as from the date originally
set by the Authority for payment including the period during which the payment of the said penalty was suspended.
(8) The Authority shall give its reasons for any decision taken under this article.
(9) Notwithstanding the provisions of any other law, no precautionary warrant or order shall be issued by any court
restraining the Authority from the exercise of any of the powers conferred upon it under this Act in relation to administrative penalties.
(10) In all cases where the Authority imposes an administrative penalty in respect of anything done or omitted to be done by any
person and such act or omission also constitutes a criminal offence, no proceedings may be taken or continued against
the said person in respect of such criminal offence.
(11) An administrative penalty imposed by the Authority upon any person shall be considered a civil debt.
(12) If any person knowingly avoids, obstructs or refuses service of any judicial act issued under this article, such person shall
be guilty of an offence and shall be liable, on conviction, to a fine (multa) of not more than seventy thousand euro (€ 70,000).
31B. Where an administrative infringement breaches -
(a) any provision of this Act;
(b) regulations made thereunder;
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Amendment of article 34 of the principal Act.
(c) any other law which the
Authority is entitled to enforce;
or any person -
(i) fails to comply with any directive or decision given by the Authority whether under this Act, regulations made thereunder or
under any other law which the Authority is entitled to enforce; or
(ii) fails to comply with any condition of any authorisation granted under this Act, and the infringement is committed by a body
corporate and is proved to have been committed with the consent, or involvement of, or to be attributable to, any gross negligence
on the part of a person being a director, manager, secretary or other officer, however so described, of such body corporate or a
person who was purporting to act in any such capacity,
such person and such body corporate, shall be responsible for the said infringement and shall be jointly and severally liable for
the payment of any administrative penalty imposed by the Authority as a consequence thereof.".
"(6) The right of appeal to the Appeals Board shall be competent to any person aggrieved by the decision:
Provided that in any case, a person making an appeal to the Appeals Board shall also require a direct interest in impugning the decision
or directive appealed from.
(7) Without prejudice to the provisions of article 31A - (a) an appeal from a decision or directive of the
Authority shall be made by application and shall be filed
with the secretary of the Appeals Board within thirty days from the date on which the said decision or directive has been notified
in writing to the party appealing or published in the Gazette whichever is the earlier, as the case may be; and
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(b) the application of appeal shall be served on the Authority, which shall not later than twenty days from such service file its
reply thereto with the secretary of the Appeals Board.".
Amendment of article 37 of the principal Act.
Addition of new article to the principal Act.
"Debt recovery procedure. Cap. 12.
40. The provisions of article 466 of the Code of Organisation and Civil Procedure shall apply to the Authority in the same manner
as they apply to Government Departments.".
"Plant Health Service" means the office empowered to carry out plant health inspections and examinations and to implement the provisions of this Act;".
words "a representative from the educational sector" there shall
be substituted the words "a representative from the University of Malta", and for the words "and the Water Services
Corporation" there shall be substituted the words ", the Department of Agriculture and the Malta Resources Authority";
(b) subarticle (2) thereof shall be renumbered as subarticle (3) thereof; and
Deletion of First Schedule to the principal Act.
Amendment of the Plant Quarantine Act. Cap. 433.
Amendment of article 2 of the principal Act.
Amendment of article 4 of the principal Act.
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(c) immediately after subarticle (1) thereof, there shall be added the following new subarticle:
Amendment of article 10 of the principal Act.
Amendment of article 26 of the principal Act.
Substitution of article 27 of the principal Act.
"(2) The Minister shall designate an officer of the
Department to act as Secretary of the Board.".
Minister" there shall be substituted the words "the Minister".
"Assistance of members of
the Police
Force.
27. For the purpose of enforcing the provisions of this Act, the Director may request the assistance of members of the Police Force or any authorised officer, and the provisions of article 10 shall apply to anything seized in the execution of such powers.".
Addition of new article to the principal Act.
"Administrative penalties.
29A. Where the Director has reasonable cause to believe that -
(a) an offence against this Act has been committed by any person; and
(b) having regard to the previous conduct of the person concerned, it would be appropriate to impose a penalty under
this article,
he may cause a notice in writing in accordance with subarticle (2) in the appropriate form to be served on that person.
(2) A notice under subarticle (1) shall specify -
(a) the date and nature of the offence;
(b) a summary of the facts upon which the allegation that an offence has been committed is based (being a sufficient summary fully
and fairly to inform the person of the allegation against him);
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(c) any other matter (not being previous convictions) that the Director considers relevant to the imposition of a penalty; and
(d) the amount of the penalty due, and, where the penalty due depends on a previous conviction, the date of such conviction,
and shall be endorsed on a statement setting out the provisions of this article.
(3) Any person on whom a notice under subarticle (1) is served may, within thirty days after such service, by notice in writing
in the appropriate form served on the Director, require that proceedings in respect of the alleged offence shall be
dealt with by the Court, in which case the following provisions shall apply:
(a) no further proceedings shall be taken under this article by the Director; and
(b) nothing in this article shall be construed as preventing the institution of any proceedings in respect of the alleged offence
or the conviction of the person for the offence by the Court or the imposition of any penalty or forfeiture under this Act upon such
conviction.
(4) Any person on whom a notice under subarticle (1) is served who does not wish that proceedings in respect of the alleged offence
shall be dealt with by the Court may by notice in writing served on the Director -
(a) admit the offence, and
(b) pay the amount of the penalty to the Director within thirty days after the notice of the penalty is served or after such subsequent
period as the Director may determine.
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Cap. 12.
(5) Where under this article a person admits an offence, the Director shall impose a monetary penalty on that person in respect
of the offence amounting to one third of the maximum penalty to which the person would be liable if he were convicted of the offence
by the Court.
(6) The penalty imposed under subarticle (5) shall be due as a civil debt enforceable by the competent Court of civil jurisdiction
in favour of the Government and the declaration by the person on whom the penalty is imposed that he admits the charge shall constitute
an executive title for the purposes of article 253 of the Code of Organization and Civil Procedure in the same manner as if it were
a judgement of the competent Court of civil jurisdiction.
(7) Notwithstanding any other provision of this Act or of any other enactment, where an offence has been admitted under this
article no charge may be laid in respect of the offence against any person by whom it has been admitted.
(8) Where a person on whom a notice under subarticle (1) is served does not, within thirty days after the notice is served on
him, admit the offence, the Director shall institute proceedings or cause proceedings to be instituted before the Court in respect
of the alleged offence.".
Amendment of article 30 of the principal Act.
"(1) Any person who acts in violation of this Act or in breach of any regulations made thereunder, shall -
(a) on a first conviction, be liable to a fine (multa) of not less than two hundred euro (€200) but not exceeding two thousand euro (€2,000);
(b) on a second or subsequent conviction be liable to a fine (multa) of not less than one thousand euro (€1,000) but not exceeding twenty thousand euro (€20,000),
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or to a term of imprisonment for a period not exceeding one year, or to both such fine and imprisonment.".
(a) in paragraph (s) thereof, for the words "within such protected zones; and", there shall be substituted the words
"within such protected zones;";
(b) in paragraph (t) thereof, for the words "to particular pests and diseases.", there shall be substituted the words
"to particular pests and diseases; and"; and
(c) immediately after paragraph (t) thereof, there shall be added the following new paragraph:
"(u) to establish a national plant health laboratory and regulate plant health laboratory analysis.".
"(1) Any person who acts in violation of this Act or in breach of any regulations made thereunder, shall:
(a) on a first conviction, be liable to a fine (multa) of not less than five hundred and euro (€500) but not exceeding thirty thousand euro (€30,000);
(b) on a second or subsequent conviction be liable to a fine (multa) of not less than four thousand euro (€4,000) but not exceeding fifty thousand euro (€5,0000),
or to a term of imprisonment for a period not exceeding one year, or to both such fine and imprisonment.".
Amendment of article 32 of the principal Act.
Amendment of the Animal Welfare Act. Cap. 439.
Amendment of article 45 of the principal Act.
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Amendment of the Employment and Industrial Relations Act. Cap. 452.
Amendment of article 43 of the principal Act.
Amendment of article 64 of the principal Act.
"(1) The Minister shall appoint such officers of the department responsible for employment and industrial relations or other persons acting on behalf of the Director as the Minister may think fit to be inspectors for the purposes of this Act.".
(a) in paragraph (f) thereof, for the words "the community:" there shall be substituted the words "the community;"
and immediately after paragraph (f) there shall be added the following new paragraph:
"(g) such number of persons in such posts as the Minister responsible for transport may by notice in the Gazette prescribe,
as being necessary to provide service at the level of one-half of the public passenger transport services in Malta and Gozo and one-half
of the scheduled public ferry services between Malta and Gozo and it shall be deemed to be an implied condition of the contract of
employment of any employee employed in the public passenger transport services and scheduled ferry transport services that the said
employee shall be obliged to perform duties as directed by the employer thereof in order to constitute the number designated as aforesaid
and any employee failing to perform such duties without justification shall be liable to dismissal:"; and
(b) immediately after the proviso thereto there shall be added the following new proviso:
"Provided further that for the purpose of paragraph (g) the term "public passenger transport services" shall have
the same meaning as that assigned to it in the Authority for Transport in Malta Act.".
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Amendment of the Authority in Malta for Transport Act. Cap. 499.
(a) immediately after the definition "loss or damage" there shall be inserted the following new definitions:
" "M2 vehicle" means a motor vehicle comprising more than eight seats in addition to the driver’s seat, and having
a maximum mass not exceeding 5 tonnes;
"M3 motor vehicle" means a motor vehicle comprising more than eight seats in addition to the driver’s seat, and having
a mass exceeding 5 tonnes;";
(b) immediately after the definition “master” there shall be added the following new definition:
" "motor route bus" means an M2 or M3 vehicle which, by virtue of its type of construction and equipment, is suitable
for carrying passengers, and is intended for that purpose and which is licensed to operate a public passenger transport
service in terms of any regulation made under this Act;"; and
(c) in the definition "public passenger transport services" for the words "means passenger transport
services" there shall be substituted the words "means regular passenger transport services".
"(b) The immovable assets which immediately before the coming into force of this Act were owned by the Government
Amendment of article 2 of the principal Act.
Amendment of article 7 of the principal Act.
Amendment of article 36 of the principal Act.
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Amendment of article 43 of the principal Act.
Amendment of article 46 of the principal Act.
and used for the exercise of any of the functions which by this Act are being transferred to or vested in the Authority shall by virtue of this Act and without any further assurance be transferred to and vested in the Authority under the same title by which they were held by the Government before the coming into force of this Act.".
"(8) Regulations, rules and orders made under any of the provisions of this Act may be made in the English language only.".
(a) subarticles (4) and (5) thereof shall be renumbered as subarticles (5) and (6) respectively; and
(b) immediately after subarticle (3) thereof there shall be inserted the following new subarticle:
"(4) Where a public passenger transport service contract is awarded to a person or persons on an exclusive basis, any motor
route bus licence other than that of the person to whom the contract is awarded or any subcontractors thereof known and approved
by the Authority shall be withdrawn as from such date as the Minister responsible for transport may prescribe.".
Passed by the House of Representatives at Sitting No. 339 of the
13th April, 2011.
PAULINE ABELA
Clerk to the House of Representatives
MICHAEL FRENDO
Speaker
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