ACT No. XI V cl 1992 AN A CT /0 ule"d {he Howl", Ael. Cap. J25.

I assenl.

CENSU T AIIONE

(L.S.)

President

4th August . 1992

ACT No. XI V cl 1992

AN A CT /0 ule"d {he Howl", Ael. Cap. J25.

BE IT ENACTED by the President. by and ""ith the adVKx: and

CQIlscnt of the House of Representatives. in this present Parliament

assembled, and by the authority of the s.ame. as follow5 :-

(I) This Act may be cited as the Housing (Extension) Act ,

1992. (2) This Act shall be deemed to have come into force on the

13th February,I992.

( I) With effect from the date when . in aa;:ord.OCI: with

section 21 thereof its operativelK'SS would ha ~ expired, the Housing

Act, Cap. 125, hereinafter referred to as Mthe principal Act M reproduced

in the schedule 10 this AC1 is being hereby re-enacted subject to the

amendments as incorporated in the said principal Act as reproduced in

the said sc hedule.

(2) The principal Act as reproduced in the :;chedulc 10 Ihis

Act and as may from time to time be amended . shall be operative for a

period of3 ycarsoommcncinson the I3l hdayofFcbruary 1992and may

be continued in force in the manne r prescribed in the proviso to section

21 thereof.

l. The provisions of Kctlon 10 of the Housin& (Amendmc:nl) Ti

Act , 1989 shall , nolwilhslandin& any of the provisions of this Act , oon· Z:'~I

tinue to apply in rdation 10 any building therein referred 10.

of 1_.

SCH EDULE

(Section 2)

HOUSING ACf

To mIlk~ pro~iJion for suurinll IM'I1l 1KC:~lio'l 10 Ih~

Iwme/as. for lll$uri'lll a lair dutriburio'l of livi"ll ac:rom~rio'l a'ld

for IlIl r~quisitiO'li'lll of bui/di'lp.

I . This Act may be ciled as the Housing Act .

2. In this Act. unless Ihcrontext otherwise requires-

MbuildinJM means I house or other building, or part thereof,

used or eapable of use for residenlial puYpOSes, and ineludes any

land or garden forming an inlegral part, or enelose<! within the

precinet$, of sueh a house or other building; bul does nOI ineludc a

tenement falling wilhin lile definition of shop under seelion 2 of Ihe

Relel1ing of Urban Properly (Regu lation) Ordi nance;

"Direelor of Socia l liousing" or MDirector means the public

M

officcr appoinled by Ihe Pri me Min isler 10 be Ihe Director of Social

Housing for the purposes of this Ae!;

MMinisler" mClns tile Minisle r responsible for housing

Provided that the Minister may, by writing undcr his hand ,

dckgate all or any 0( his powers and du ticJ under this ACI to any

off~r 0( his MiniSlry, and . 10 the utenl of such delegation, if

made. any reference 10 the Ministcr in this ACI shaD include a

rcfercncc to such officer;

Krequisition ~ means tat e posse$Sion of a building or require

the building to be plaoed at the disposal of the requisitioning

authority;

Krequisi t ionee~

means the pel"ioOn or pel"ioOns from whose

possession I building has been requisitioned by the requisitioning

authority;

(I) If it appears to the Director of Snail Housing to be

necessary or expedient so to do in the public interesl , but only for the

purpose: of providing living aa:ommodation 10 per1Ol1S or of ensuring I

fair distribulion of such living accommodation, he may requisition Iny

building, and may give such directions as appear 10 him to be necessary

or expedient in order Ihat lhe requisition may be put into effect and

oomplied with .

(2) A requisition order made under subsection (I) of this

5eC1ion shall be served on the person entilled to tile immediate

occupation of the building requifii tioned, or his agent or represenlative.

and where Ihe building. is held by the occupant on leue, or on a

temporary emphyteusis expiring DOl later than five Y<'ars from Ihe date

of the order , il fihall also be served on !be landlordor!be dinct owner,

as lile case may be, or their agenl or reprnentalive ;

Provided that where a tille to any building as aforesaid. or \0

ilS occupancy. belongs 10 more Ihan one pel"ioOn, service of Ihe

requisi tion order on anyone of wch peQ(lnS shall. in respect of the title

herd in common with othen. have effect as if it had been served also on

all such other persons.

(3) Where, after the exercise of due diligence. anypennnon

wkom a requisition order is to be served. orhis agenlorreprcsentalive ,

cannot be found. or if found refuses 10 accept theonier, the requisition

order shall be deemed 10 have been validly served on liuch pennn . and

on s.uch other persons as would have been deemed to be served with Ihe

orde r had it been served on sUoCh persons. if notice of the order is given

in the Government Gazelle and in not le55 than th ree daily newspapers

published in Malta.

(4) A requisi tion order made and served in accordance wilh

the provisions of this section shall operate and have full effect againSl l 1l

persons and shall remain so operative and effective until the building is

derequisitioned.

(05) Any police officer not below the rant of sergeant may . on

instructioll$ from the dinctor, tate weh steps and use s.uch force as

appear to him to be reasonably oeceI$al)' for securing compliance with

directions given 10 any person under the provisions oflhis section or of

section 90f this Act requiring him to give up possession of the building

Provided that the Dinctor shall not give such instructions as

aforesaid except in cases connC(;(ed wi th reconstruction or with

replanning. or with mass evacuation. or in the case of unauthoriud

occupation, or in other cases which the DirC(;tor deelIl$ urgent, and

except so far 11$ they are reasona bly jl,lstifiable in a democratic society.

(6) Where 11 bui ldi ng requi~lioned under Ihis section is

vacaled and belongs in ab!iOlute ownenhip Of on emphyteusis to a

person woo provC$IO Ihe satisfaction of the Director that he intends to

take possession of Ihe buildin, 10 establish Iherein his ordinary

residence or Ihal of an y of his chIldren, Ihe Director shall allocate the

building to such person , Or any of his children aforesaid , as the case may

requ ire; and if such ordinary n:sidcnce is in fact 50 ~tabfubcd within six

months from the date of the allocation, or such later date as the Director

may fo r a good reason allow, and conlinues fOT a period of not less Ihan

two years, t he Director shall, if he is so requ ested, derequi sition the

building .

(7) Where a rcq uisilion order has been made , and the

n:quisilionce shows to the satisfaction of the Director that he is unable

10 procure transport for the removal of. or alternalivestorage place for ,

the furniture o r o ther articles existing in the bui lding requisi lioned , it

shall be the dUly of the Director to provide such meansoftransport and

alternative storage place as may be required , without prejudice 10 the

provisions contained in subsection (9) oflhis section.

(8) Where any requisition order is not complied with, or

where, after the exercise of due diligence. no person having the right of

immediate og;upatio n of the building requisitioned, or his agent Of

represe mative, u n be found , the Direaor may give &ueh o rders as he

may think fit for the remonl and storage of the furniture or artid~

existing in the building

Provided that before such removal an inventory of the

fum ilure or articles aforesaid shall be made and signed by the Director

OT his represe ntalive in the presence of a police officer TIC)( below the

ran k of sergeant. who shall al50 affix his signature to the inventory.

(9) In every u se where Ihe !Tampon or storage of furniture

OT aniclC$ is provided by the DirectOT under this section. such furniture

or 8rticlesshaH. during transpon and storaae. remain atlhe sole risk of

the owner thereof and , in respect of Slorage, likewise at his charge ; and

no compensalion shall be payable in respect of any deficiency therein o r

dam age thereto if it is proved that such deficiency or damage was nol

uused by negl igence on the pan of the Director o r persons acting on his

insuuctions.

(10) While a building is in the possession of Ihe Director by

virtue of this A ct , the building may be ur.edonl~ forthe purposes sel out

in subsection ( I ) of this section. but, save IS aforesaid, the Director , so

far as it appcan to him to be necessa ry or eJpedient in ronneClion with

the laking of possession o r use of Ihe buildin, in pursuance of this Act .

may do, or autho rise persons using the buildi ng 10 do. in relation to the

building, an~thing which any person having an unrestricted interest in

the building would be entitled to do by virtue of that interest .

" . ( I) Any (lCrwn, if requested by o r o n behalf of the Directo r

so to do. shall furnish to the Din:cIOT. OT to such person as may be

specified in the req uest. such information in his possessio n relating 10

any building. being information which may reasonably be demanded of

him in connection with . orwlUch the Directordccms ncccwry for. the

ta .... ing of possnsion of ~ny building or with the acoommodation of

pcnons therei n. liS may be specified.

(2) ibe D irector or any other person deputed in writin$ by

the Director for the pu~ may require any information requi red

under the last preceeding subsection to be give n in writing and the

stalementto be signed by the perwn giving the infonnation. [n the caS(!

of an iIIiteT1lte person. the Director or, as the case may be. any other

person aforesaid may requill' the statement by the person giving the

information to be mar .... ed by that person in the presence of two

witne$$Cs who shall sign the st atemen t.

(3) Whosoever .... nowingly gives an information urlder the

foregoi ng provison! of this section which is false or incorrea in any

material particular shall be gu ilty of an offence under this Act and shall

be liable. on conviction. to a fine (mullll) of not less than one hundred

[iri bit not exceeding five hundred lin or to imprisonment for a period of

oot less than fifteen days and not exceeding three months . or to buth

such fine and imprisonment.

( I) KuU persuna. jekk miltuba mid·Dircttur Jew fismu, li

I. gbmd heklt, ghandha tag/'lti lid·Direllur jc ... lil dik il·persuna I~ra ~'ot

kifikun imsemmi fil-Ialba, dalt it·t.aghrifli bija jltollh. c.twar xi bini, met • ...,....

<lair; ikun la&hrif li bi r·ragun jist,' jintalab minghandh. dw.ru ,jcw I; d·

Direllu. jidhirlu ",emitg ghaHchid I.I-pussess ta' xi bini jcw dwar il-

tqeghid ta' persun; fdak i)·bini biu ighammru fih. kifjista' jkun hemrn

imsemmi.

(2) Id·Dire"u. jcw kull persuna 0013 imqabbda bil-mikwb

8halhekk mid·Direllu. tista' tillob li kull taghrif rnchtiet \ahll-ahh.r

5ubanikolu qabeL dan jinghata bil-miklub u Ii d-dikjarazzjoni (kun minD

idejn il-pel'$una li laghti t-laghrif. Mct. persuna ",alkuru: tal titleb id -

Di rellur Jew, ki f jist.' jaght; I·ltu; persunaohra kifhawn fuq imsemmi,

lista' lillob iIIi d-dikj araujoni mill -pcnuna 1; tagh t; Haghrif ligi

m",arkata minn dik il-perlluna quddicm tcwll xhicda li ghandhom

jagbmlu min D idejhom fuq id-dikjarazzjoni.

(3) Kull min *memenl jaghti xi nrormazz;oru tahl id·

dispotizz;ooijiel pretedcnli la' dan I·anikolu I; Ihn qameqa jcw

skorrella fxi rail partikolari I.ghha, ikuD hali ta ' real skond daD I·A1t u

jehel, meta jinstab hati, multa ta' mhux inqas minD miulira iida mhux

i:l:jed minn hames mill lira jcw prillu ncrija ghal tmien la' mhux inqas

minn hmislllI-i l jum u rnhUl[ itied minn llielxhur j.ew ghal dik il·mulll u

priiuncrija nimkien.

(I) Subject to the provisioll5 of the next folJowingsubsection.

the Director shall have the same rights and obligations in respect of

repairs and maimenance of a requisitioned building as tenant under !be

relevant provi50n5 of the Civil Code.

(2) When 11 building .... hich has been in the ~ion of the

Director under the provisions of this Act is vacated. the Director (unless

the requisilionee prefers 10 retain same paying wmpe nsation 1$ laid

down inseaioo lS640f lheCivil Code). mayrelI'KWe all fu:turesor otbcr

improvements of .... hat_ver nature made therein during the

requisi tion period, ma .... ina compensation 10 lhe requisitionec for the

damage .... hich may have bee n caused by the placing or by the removal of

those fu:tures or othe r improve ments.

ibe possession of any buildi ng which has bee n ta .... en by the

Ministe r or by another oompetent authority under or in virtue of the

Malta Defence Regulations. 19391" , or under or in virtue of the

Protection Office Regulations, 1942. published by Government Notice

No. 435 daled the 20ih Auaust. 1942' . shaLl , where the building on the

date of enactment of this Act is still in the poossession of the Minister. be

deemed to hllve been ta .... en under the provisions of this Act.

Any building which was in the posse ssio n or at the disposal of

or held by the Minister by virtue of a requ isition made in accordance

with the provisions of this Act . and in respect of wh ich a tenancy or

subtenancy was not crea ted by vinue of section 8 of t his Act. shall be

deemed to have been requisitioned by the Director and to be in his

possession or at his di sposal or held by him . as the case may be.

t No ....... 1n 10«0: .

• IIq>taI<4 "I> 00., .. _

_ , _

No. lD '" 2jUj Mo~. 19fi.

( I) Where any persons have been acoommodated in a

building which is held by virtue ofa requisition, the Directormay.tt any

time. by means of a judicial lette r , require lhe requi5itionee to recognize

-

Ihe persons so accommodated as tenants or as sub-tenants of the

building <lIthe case may be.

(2) Within thirty da)'!i of scl"'lice on him of a judicial leUer '"

under the last preceeding suhsc:ction, the requisitionee. by application

before the Fir$! Hall of the Civil Court in contestation of the Director.

may P"'Y for an authoriution of non-compliance with that request

Provided that, in the casc where the building has been

requisitioned from the tenant . the latter. by a judieiallelter to be filed

within fifteen days from sel"'lice on him of the judicial letter provided for

in the lasl pro:ceeding subsection, may infonn Ihe Director that he does

not wi~ to relain the tenancy, and thereupon the Director shall be

entitled 10 take action under the last preceding subsection against the

landlord.

(3) The coun shall not grant the authorisation of non -

compliance mentioned in the last preceding subsection unless the

applicant shows to the ulisfaction of the court that serious hardship

woold be caused to him bycomplying with the request

Provided thal lhe assertion that the requisitiooee wishes to

take possession of the building for his own use or for the use of any

member of his family shall not be considered of itself as a hardship for

the purposes of this subsection.

(.) Any subtenancy created by virtuc of this section shall not

be deemed to be a subtenancy for the purposes of section 9 of the c.,.,*.

Retell ing of Urban Property (Regulations) Ordinance.

(S) No right of preference under the Civil Code or under the Cop. t2.

Rent Resniction (Dwelling Houses) Ordinance, shall be compe tent in Cop. \16.

respect of any tenancy or subtenancy created by virtue of this section.

(6) Where 11 tenancy Or a SIIbtenancy is created by virtue of

this section, then, unless an agreement 10 Ihe connary is lawfully

reached. a contract of lease or subleasc of Ihe building under Ihe IISUal

condil ions laid down by the Rent Regulation Board established under

the Relelling of Urban Property (Regulation) Ordinance and for a c..II9.

period of three monlhs, 10 be reckoned from tne date of definite

recognition, shall be deemed 10 h~ve been entered into between Ihe

req uisilionee of the building and the person accoml"l"l()(bted therein,

and rent , equal to the periodica l amount paid or payable by the Director

as compensation for Ihe occupation of the building, shall be payable

quarterly in adVlnce in respect thereof.

Where ~ person has been &ocormnodated in , building

requisitioned under this Act, the Director may , even though such

person pay. compensation in respect ohuch ICOOmmodalKm , order him

to quit such building and 10 surrender the $Ime 10 the Director within

such time as the Director may determine. if he is of opinion that such

person is not making use of the building for residential pu.-po5es. Or is

the owner of or has or who isot herwise provided with anotller building

""hieh he u n use as his and his family's residence. or if it is rU50IIably

required so to act in tile interests of defence , public safety, public order

or public health.

The Di rector or any other person deputed in writing by the

Director for tile purpose may e nter any building at all reasonable times

with a view toootaining information toenable him tocanyout an)' of lIis

powers under tllis Act.

(\) Sub;ect as hereinafter provided. the compensation

payable in respeel of the requisition of I building shall be the aggregate

of the following sums, that is to say -

(a) a sum equal to the rent which might reasonably be

expe<:ted to be payable by a tenant in occupation of the building

during the period for which possession of the building is retained by

virtue of the provisions of this Act. under a lelling granted

immediately before the beginning of that period

Provided that where the building is used by the Director

by a person aa:omodated the rein after a requisi tion, as I

Of

dwelling house within the meaning of the Rent Resniaion

(Dwelling Houses) O rdinance the rent shall not exceed the fair rent

as defined in section 2 of the aforesaid Ordinance;

(b) asum equal to \heoost of making good any damage tothe

building which may have occurred during the period in whiCh

possevion thereof under requistion was relained (except in so rar

as the damage has been made good during that period by the

occupant of the requisitioned premillCs or by a penon acting on

behalf of the Director), no ICCWnt beinllaken of damage wh>cl\ ,

unde r the provisions of this Act, is the responsbility of the

requisitionee ;

(e) a sum equal to Ihe amount of expenses reasonably

incurred, otherwise than on be half of the Director, for the purpose

of compliance with any directions given by or on be half of the

Director in connection with the taking popession of the building,

but without prejudice to the provisions of subsection (S) of section

J.

(2) Anyoompensation under paragraph (a) of subsection (I)

of this section shall be deemed to ao;>;'TUC due frorn day to day during the

period in which posse$Sion of the building i$ held in the exercise of the

powers vested in the Director by this Act , shall be apportionable in

respect of time accordingly; and shall be paid 10 the person who for the

time beinl would be entitled to occupy the building but for the fact that

it is requisitioned; but the provisions of this subsection shall not operate

so as to require the making of payments by the Director at intervals of

less than t hree months.

(3) An y compensa tion un<kr paragraph (b) ofsubKction ( I )

of this se~tion shall accrue due at the end of the period in which

posse5Sion of the bui lding is retained in the exe rcise of the powen vested

in thoe Director by this Att, and shall be paid to the pel'$On who is then

the beneficial owner of the building.

(4) Any compensation under paragraph (~) of subse<.:tion ( I )

of th is settlon shall accrue due at the time when expensu in respect of

which rompensation is payable are incurred, and shall be paid to the

pel'$On by whom or on whose beh alf those expenses were inrurred .

(I) Compensation under paragraph (a) o f subsection (I) of

section I I shall , in all cases, be assessed by the Rent Regulation Board

establis hed under the Relet\ing Urban Propeny (Regulation) Cop . ~ .

Ordi nance which for that pu rpose shall have e ~cl usive jurndktion

subject to appeal in cases allowed by that Ord inante

Provi<kd that , in respett of dwelling hou5e$ within the

mening of the Rent Restriction (Dwelling Houses) Ordi nance ,

possession of which has been taken by the requisitioning authori ty

before the 22nd February 1946 and , tt the ti me of the hereunder

mentioned appli<.:ation. is still retained by that authority, the

requisitioning authority or the requisitionee may at any time apply to

the 5aid Board for the IlS$CSSIllCnt of the fair rent as <kfined in section 2

of the lut meotioned Ordinance. and weh fair rent shall be the

com pensation payable un<kr pangraph (a) of subKction ( I) of section

I I in respect of that possession .5 from the date of 5ervioc of the

appli cation on the requisitionee or his representative or . as the case may

be. on the req uisitioning authority.

(2) Compensation under paragraphs (b) and (c) of

subsection (I) of section 11 bereof shall, in case of disagree ment. be

assessed by the Fint H all of the C ivil Coun.

Any compensation which, prior to the roming into operation

of this Ad . has been lawfully asses5ed shall be deemed to have been $0

assessed under and for the purposes of th is Act , without prejudice

however to the provisions contained in subsection ( I) of section 12.

The Minister may make and when made amend . repeal or

repeal and re-e nact regulations for th e purpose of carrying the

provisions of this Act intodfe" and in panicular, but without prejudice

to the &e nerali tyof that power , for all or any of the following pUrpoKs

(a ) for req uiring any relUms 10 be made in r~ of

buildings, or an~ class thereof, their occupation and use ;

(b) for maintaining an equita ble dimibution of housing

accommodation;

(c) for determining wi thin [he uPJlC'r limil5 set oot in 5CCI1on

17 ofthis Act special penalties applicable in respect ohny breach of

an~ regulatio n $0 made;

(d) for fixing storage fees and for providing for the retrieval

or disposition of furniture or anicles, including the sale thereof,

removed from a building requisitioned under this Act

Provided th.t the re,ulations mentioned in tbe Sc:beduJe

hereto Jrhall be deemed to be regulations made under this Act and Jrhall

remain in force until they are amended or repealed by the Minister by

virtue of the powen ve$led in him by this $e<;lion ,

Nothing in thi$ Act oontained Jrhall confer any righl upon any

penoo to demand the exen:ise ID his f,vour or in favour of any olher

pel"5Oll of any requisitioning or olher power vested in the Minister,

............ Act , 16, ' requisition

Without prejudice to any special provision contained in this

order or a notice 10 be served on any person for Ihe

purposes of this Act or of any regulations made Ihereunder may be

Krved by sending il by registered letter post addressed 10 that person at

his lasl or usual place of abode or place of business, and shall be

presumed , saving any proof 10 Ihe oonlrary, to have reached Ibe'

addressee in the normal COUnt of the postal !;Crvice,

17, (1) Any pe~n who, without lawful excuse, the proof

whereof shall lie on him, commits any breach of any order or regulation

given or made under this Act , whether by doi", anything which he ough l

not to do or by omitting anything which he ought 10 do, or by preventing

other persons from doing anything which they .re enjoined or permitted

to do or by undoing or frustating anylhing which other pel'$OO$ may llave

done under the provisions of this Act QC' of any order or regulation

thereunder, or by hinderin, or obstructing the Oirec1or Of any other

pel'liOll acting 011 his behalf or under his aulhority , shall be guill)' of an

offer>ce under thi>; Act and Jhall, 011 conviction, be liable to a fine

(muha) of !KM bs thanooc hundred liri but not exceeding (lVe hundred

fin or to imprisonmenl for a period of from fifleen days 10 three months

or to both such fine and such imprisonment

Provided that any person who commits an offeoce against the

provis.ions contained in subsections (I) and (2) of section 4 of Ihili Act,

Jha.U on conviction be liable to a flne (mulla) of not less than five lin and

not more than one hundred liri or to imprisonment for a period of fifleen

days to three months or 10 both such fine and imprisonment.

(2) In the case of any such breach, lhe court, besides

awarding punilihment or applying the provi~ioru; of IICCliollll 5 and 9 of

Ihe Probation of Offenders Act shall order the offender, ... hen: the

occasion 10 requires, tocomply wilh the law within a lime , sufrleient for

the purpose, 10 be flled by the 1XH1I1; and, if the offender fails 10 comply

with any such order within the lime w fixed. he §hall be liable 10 I fine

(amI'Mndt.) of from fifty cents to ten liri for eyery day lhe (\afl ult

cont inues afle r the upiralion of the said time,

(3) l1Ie COlI" may also order that physical compliance ... ilh

the requiremenl5 oflaw be carried out by the Police at the expense of the

offender, in which case the offender may be made to refund the expeDJe,

under Ihe warrant issued by the court.

(4) The powers given to tbc eau" under subsccltons (2) and

(3) of this section shall be ~mcd to be witbout prejudice: to the powers

of the: Director under KC1ion 3 or toany other power pven orwhich may

be given to him or to any other pe~ by any regulation .

Minghajr hsara &hal 1",1] disposi7.tjoni s~~iaJj li hcmm fdan N"';fi~.,.·

I-AIt , ordn; la' rekwifizzjoni Jew avvit li gI'Iandu jkun ootifikat liI It; ~~. t.,,,,,,"

hsdd ghaU-finijiet ta' dlll1 I-Att Jew la' It; regolament maghmul his- ~; "';

KIgha mogI'Irija minn dan I·An. jisla' jip nootifikat bill; jinbaghat ........

bi l-posI. b'iurn regislrata indiriz:r.ata lil dik il-pers"na n-ahhar post jew ~ .. '

m-post lu-soltll re jn dit il-persuna loqgl'lod jew linncgozja, "ghandll

jilqies, temm-il darba rna jk"nt ~mm prova k"ntrarja, illi wasaJ ghand

min kien indirizzal st ond il-to1"5 normali las-scmzz lal-posla .

( I) K"U min. minghajr RuU ictiuima. li 1-pr0v3 laghh.a 0i0p;>0Irt;':"1r.

tmis$liIu , ;iber xi o rclni moghli Jew xi regoiamenl map,,1 bis-sahba dwaril-fi<ao.

la' dan I-A n , sew billi iaghrne:1 xi bap li tI" rn'ghandux jagtunel jew bill;

rna jaghrnibl: xi haP. li ghandu jagrund, jew billi rna jllallix HI hadd ichor

jaghmel xi haP. ill i dan I-idIOT ghandu jaghrne:1 Jew li huw. rnholli li

jaghmel, iew billi jhassar iew jisfratta xi Ila~ illi haddietlor ikun ghamel

tahl id-disposi:/:zjonijicl la' dan I-All jew la' xi ordni jc:w rcgolament

maghmul bis-sahha licghu , jew billi jfir.kel jew ixekkcllid-Direllur Jew

lil tu]] persuna oIlra li lidher b'ismu jew lahll-.wtori~ licghu ilmn bati

la' real tahl dan I-All, u jisla' meta jinsab hal; minn qorti, jc:1'Ie1 mulla la'

mhux inqu minn mill lira i:tda mhW! itjc:d minn hama mill lira jew

priaunerija ghaJ tmicn minn hmistu il-iurnata sa tliet xh"r Jew ghal dik

iJ·muita u dik il·priaunerija flimkien;

lida kull min iaghmel reat tonlra id-di5~jonijicl ~ ~mm

fis-suoortikoli ( I ) u (2) la' I-anikolu 4 la' dan I-All. jc:I'IeI, mela jinsab

hali, mulla la' mhux inqas miM hames liri itda mhw: itjed minn milllina

jew P"iiuncrija ghar tmien minn hmi5tax il-jurnala sa lliellhur Jew dik

il-mulla u dik il-priaunerijil nimkien.

(2) Fil-kat ta' reat bhal dan, i).qorti, minbarra I. taghti 1-

piena Jew t.appIik.a I-prowcdimenti la' 1-artii.oIi S ,, 9 ta' I-AII dwar

il -f'robIuion ta' Hat;in ghandha lonina lill-hati. fe;n il-katjihtieg hell. ~. III

Ii joqgI'Iod gbal-1i!i fdak it-:tmicn li itun bif;t,eijed ghal dak 1-mop " li

jkun iffl5Slll mill-qoni; u jc:kt il-hat; ma joqghodI ghall-ordni bhal dan

fiz-bnien heU iffJSSat, huwa jkun ji~la' jc!\!'1 amrnenda la' minn harnsin

a:n lcZm u sa ghallar liri gha' kull jum I; fiha ;dum in-nuqqas wara 1i

jaghlaq dak it-tmien.

IJ.qoni tista' lordna wkQlI illi <lak li hu fl5ikament

(3)

mehlie~ rnil-lig; jsir mill-Pulizija , bi spejjei III -hali, u fdan il-kat it-hati

jist.' jkun mgieghel irodd in-ncfqB b'rnallda! mahru~ mill-qortL

(4) Is-setg.hat mogblijin liU-qorti bis-subartikoli (2) u (3) la'

dan '·artikolu gl'Iandhom jifqic:w I; hum. mingl'lajr hsara gl'Ia,s.~lgl'Ial

tad-Dirctlur tal'lt I-artikolu 3 jew &hal kull Soelgl'l& ohra moghlija ;ew It

gt'l1uJ tista' linghata lilu jew Ii1 kllll persuna ohra b'~i rcgolamen\.

(I ) Any offence under this Act or under any order o r Comp<1.""" in

regulation made thereunder shall, for the purpose of the Criminal Code.

fall into the dllSS of contraventions. even where the punishment IhisAcl.

provided in respe~t of that offence is higher than those laid <Iown in the

said Code in respect of contraventions

Provided that criminal action arising oot of any provision of

t~ is Act shall be barred by the lapse of onc year unless I longe r period is

necessary under any other law in respect of any !lp«ific offence.

(2) Every punishment provided for any offena: UiMkr this

Act shall be deemed to be 50 provided without prejudice to any higher

punishment applicable to the offena: under any other law whenever the

circumstances set OIIt in such other law OOOC\IT in the offena:. In any such

case the punishment laid down in that other law sh.all apply .

(3) AOY proceedings for any offence undcr this Act shall be

instituted by the Police in the COU" of Magistrates of Judicial Police,

sitting as a COU" of Criminal Judicature.

(4 ) Notwithstanding the provisions of section 413 of the

Criminal Code, every decision of the CoU" of Magi5uates of Judicial

Police in respect of an offence under thili Act may , in all cases. be

appealed against by the A IIOTOe)' General aDd by !be party convicted.

( I) When the alleged offendcr is. 00 aa:ount of mental ""-~

disease or physical disability , unable to I ppear in oourt . or is ab5ent from . ' F · ......

Malta or has absconded , and the Directo r ce"ifies on oath thal it is ~-.

urgently required that the law be enforced. the COlI" !hall orde r the

summons to be served on any known lawful representative of the alleged

offcndcr or any known person having the custody in fad of the alleged

offe nder or, if the alleged offender has not a known lawful

representative or is not under the amody in fad of any known pennn.

o n his husbaoo or wife or on a near relation byoonsanguinity or affinity

o ron any person. if any. entrusted with lhe management of his propcny.

(2) In any sudt (:MC the 00II" shall apply the provisions 0(

t his Act: provided that where there is room for the appli<.:ation of any

punilihment under 5ubscclio0'5 (I) and (2) of section 17 against $UCh

offe nder. the COlI" shall . for th.e Purpo6C of determining whether or no!

lhe punishmenl is 10 be applied . adjourn the case until he is lit to , land

trial or until his return .

(I) All trials in re5peCI of offences under this Act shall be Proced .... _

de<: med to be urgen t and not to admit of any delay for thc purposes of "1'1'<0".

sections 361 and 364 of the ,Criminal Code.

(2) In rcspc<:t of an appeal from a decision concerning an

offe oce undcr Ihis Act. the application referred to in 5CC1ion 417 of the

C riminal Code shall be filed within (wo workinJ days and , in the <::Ue of

an appeal from a decision of the Coun of Magistrates of J udicial Police

fo r the Islands of Gow and Comlno. witllin five working days. Such

periods !hall run as provided in that 5eI:tion.

Subject as hereinafter provided , this Act shall conti nue in

force for the period mentioned in subsection (2) of section 2 of the

Housinl (EJuenaon) AC'! , 199'2. and dl~U then e.pino

Provided that, if at any time while thiJ Ad is in foree a

Resolution is passed by the House of Representatives that this Act

Ibould be continued in fora:: for- a funber period nol eJtcc:eding tln-ee

ycars from tbe time at which it would otherwise expire. this Act dIaIl

continue in force forthat tunher period.

Puscd by the House of Representatives a' Silting No. 45 of the 28th July. 1992.

LAWRENCE GoNZI

SptDur

RIOlARD J . CAUCtII

Ckrk. IQ the HOUM- 0/ RtpUJOllari~u.

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ijo lal-Goeno

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