XIX tal-1993

I assent.

CENSU TADONE

(L.S. )

President

3rd August. t993

ACf No. XIX of 1"3

eT IQ iUrU!!nd ct:rwin IDMlJ /" rdtllion 10 /he composilioil 0/ ~"Qjn

AN A

BoardJ.

8 E rr ENACTED by the Pnsi«nt. by and with the advia: and

consent of the HO\ISt: of Represent. ti ves. in Ihis present Parliament as-

sembled. and by the authori ty of the " me, IS follows:-

This ACl may be dted u the Llows (Boards) (Amendment)

ACl. 1993. and shall come into force on such date as lhe Minister

responsible for justice may by nOtia: in the Gazelle esta blish and

different dates ma~ be so cstft blished in respect of different purpos«

and different provisions of this Ad .

t · Ewwcl Kolonna

It-TieDi Kolonna

I. Fil-paragnfu (b) tas-subartikolu ( I) u' l-artikolu 4

A . Ordin.nza I;

laghha miJ1 00k il-klic m ~il Bord jis'" jist.bbiliui di n iJ-kcra

Tinegola I-Tigdid

gust bil-muz ta ' kw! Arkilelli u Injinieri Civil; I; jkun fil-

lal·Kiri la' Bini.

80rd rkull kat li jkun .~ ghandhom jidfllu l-kliem " il-Bard

jista' jistabbili.u:i dan il-kera 81,151. ~.

2. Minflok I-anikoli 16 sa 18 1agblla gllandu jidbol dan

ligej :-

l1Ie enactments shown in the First Colum n of the Schedule to

lhis Act shall have effed sub;ect 10 the amendmenls sho .... n in Ihe Sec-

ond Column thereof.

l . (i) The members of the Rent Reguiation Board. of the Land

A rbilralion and of the Agricullural LeaKS Control Board other than

the respective chairmen of the said Boards, who were in omce im-

mediately before the coming into force of the amendments reiative to

the composition of the Board of wh ich they were members, effected in

accorda""", wilh section 2 of this Act. shall upon lhe coming into force of

the respective amendment oonlin ue 10 take cognizance of any casoe the

hearing of which had commenced before the coming inlo force of lhe re·

spccIive amendments, as if such members were members of the respec-

IM: panel assigned by the rcspc:d ive C"hairman 10 make the necessary

va]ual;o" or cive such othu te<:hn ical opinion as may be required . and

lhe respective chairman of ead! Board shall give sucb directives tosuch

members accordingly.

(2) Any r\lks or ",gulalions in respett of the J'l"XC'dure be-

fo", the Renl Regulation Boa,d. the Land Amitr.ltioo Boardor the Ag-

ricultural Leases Control Board . made u!>de r the appropriate provision

of the Reie tting of Urban Propeny (Regulation) Ordinance , the Land

Acquisitio n (Public Purposes) Ordinam:e. or the Agricultural Lease.

(Rektting) Act , shall continue to apply as in force before the coming

into force of this sect ion. until ",vokedoramended, with such modifICa-

tions as may be n«essal')' in oonsequem:e of the amendments effected in

aecordanee with sedion 2 of this Act .

SCHEDU LE

(Section 2)

FimColumn

Second Column

Ezlr,"o/ Ammdmrn,

A . RekUing of

I. Forthe words-the Board mayaoUte such fai r ,enlto

be fi~ed by the two AKhitccts and Civil Engineen sitting on

Urban Propeny

the Board in respcd oflhe panicular case.~ in paragraph (b)

( Regulation)

Ordinance. Cap. fIl.

of 5Ilb5ection (I) of section 4thereof tile", shall be SUbstituted

Ihe .... ords -the Board may fix such fair rent." .

2. Sections 16 10 18 thereof shall be substituted by the

followi ng

(I) II-mcmbri taJ-Bord li Jirregoll I-Kerl, tal·Bord la '

ArbitnlU dwlr Artijicllllal-Bord dwar il -Kontroll tal-Kiri ta ' Raba ',

minbarn ~-<lIajnMn rispenivi la' dawn il-Bordijiet, li !tel1 hom kariga

fuq dawn il-Bord.jiet minnufih qabcl id-dhlll fi N ehh ta' l-cmendi li

jolqlu I-!tompotizzjoni lal-Bord 1i fuqujoqoghdu li saRI skond l-ani!tolll

2 ta' dan I-All , $handhom mad-dhuJ fis-schh la ' l-emenda rispeniva

jkomplll jibqghll/isimghu !tul! kawia Ji s-smiegh taghha nbeda qabcl id-

<!hul fis-sdlll ta ' -emendi rispcttivi , bllallikicku daw!t iJ-membri benu

membri lal -lisla rispettiva asscnjala m i~-c:hilinniln rispcttiv sabiex

jaghmlu l-jllima mehtiega jew jaghtu !tull fchma tc!tnilta obra li tistl '

tenhtic:g, u ~-<IIai",....,. rispettiv la' kul] Bord gllandu jaghli dawk id-

direltivi m daw!t i'-mcmbri s!tond il-lIticga.

(2) Kull rego]. jew regolament dwar il-procedura quddiem

it-8ord I; J irregola I· Kera, i1-Bord ta' ArbilraU dwar Anijiet Jew iJ-

Bord dwar il-Kontroll tal-Kin ta' Roba', maghmulin talll iJ·

provvediment; llierqa ta' 1·0rdinalWl li lirrcgola \-Tigdid tal- Kiri ta'

Bini, ]·OrdinanUl dwar ]-Akkwisl la' Anijiel gI'Ial Skopijiet PubbliQ,

jew I-All dwar il-Tigdid ta' Kiri la' Raba' ghandhom jibqgl'lu jglloddu kir

kienu jglloddu qabel id-dhul lis-seMI la' dan I-anitolu , sakemm dawn

pgu rcvokalijcw cmendali , b'dawk it-tibdilietlijistgflu jkvnu mehtiep

mintlatm. n~mendi maghmulin skond I-anitolu 2 ta ' clan I-An.

(I ) There sIIall be a Board 10 be known

as the Rent Regulation Board.

(2) The Board shan consist of I Oair·

man who shall be appointed by the President 0(

Malta from among the: judges and magistTl lef.

(l) Thc Prntdcnl 0( Malta may appoinl

several judges or magistllltcs to sit on the Board .

-.

but only one judge or magiSlTl.te 5h.a1l sit in any onc

_.

~.

lbe President of Maltuhalllll$O appoint

I Panel of Architects and Civil E ngineers from

.-...

among persons who hold the wlrrantto practice as

-~ Architect and Civil Engineer aQ;:Ording to the pro-

£nP-n.

visions of the AKhitects Ordinance and who hive

",.

practi5Cd that profession in Malt a for not less than

5Cyen years.

Oo,h 10 ""

(I) The members of the Panel shall nOI

--"

, • • ,. by

cnler upon the duties of their offiee unless they

,_.

.~

have laken and subscribed In oath befo", the

Seoond Column

chairm an to extrcise their functions under thi$

Ordinance with imPltrtiality and in 'lOOOrdance with

the law.

(2) The memben of the Pane l shall be

appointed for a period of two yean and be re·

appoin ted.".

3. Seclion 19 therwf shall be amended M follows

(a) the words "of the Board" in $ubsection ( 1)

thereof shall be substituted by the words "of the Panel-;

~d

(b) the words "or challenge. and any question

which is a question of law alone" in subsection (2)

thereof shall be subst ituted by the words "or challenge" •

.--

4. Section 23 thereof shall be substituted by the

following

{I} IJ- membri tal-usta ml gbandhomx

jibdew iwellqu d-dmirijier tal-tarig. Ilgbhom

$Ilkemm mB jkunUJI bool,l prramenl quddiem it-

chllirmJln li jwellqu I-funzjonijiellagbhom tabt din

A I""

It-Tien; Kolonna

]-Ordi nanza bil-tlaqq u stond il-ligi.

Il-membri taJ·l1sta jist~u jintlatru

(2)

glial imien senlejn u jislgh ... jerjg!Ju jmhatl'\l mill-

gelid.".

L-artikolu 19 taghha ghand ... jigi emendat kif ~j

3. (a) fis-subartikolu ( I) (itgll ... , minflok il- kliem

"laI-Bord" gbandhomjidhJu I-kliem " tal ·List, "; u

(b) lis-subanikolu (2 ) tieghu. minflok il·kliem

";ew ta' rikuta , u hU nist;oni li tltun biss dWllr punlla'

lip," gllandhom jidhlu [-kliem "jew la' rikuta ".

Minflok I-artitolu 23lagh ha &handu jidhol dan I; gel

4.

(I) Whene~er a queSlion arises before

the Board rquiringthe valuation of any premisesor

any other technital opinion in connection with any

case be fore the Boa rd . the Chairman lhal1 llS$lgn

two of the members of the Panel to aamine the

premises in question, or to take c:og:nizance of the

rCOOf"d of the case relative to the matter in which the

teehn ital opinion is requested; and such two

me mbers 'hall present their report to the Chairman

during the silling or file the said report in the

registry of the Board as the Chai rman may direct.

(2) The Chairman may al$(! require the

members of the Panel assigned to a case to a\tend

the silling of the Board when that case is being

consitkred by the Board if the uid memben

require additional information from Ihe parties or

need 10 hear any particular witnesses.

(l) The Chairman shall only be boIand

by the reports of the Pancl whenever the reports of

the two memben of the Panel assigned to I

part icular use arc unanimous; where unanimi ty is

not reached by the said two memben. the

Chairman shall on the basis of the reports

submittcd by the two members. decide the maller

himself.".

A

10 1'

Serond Column

£X1Ull of Amolltmml

, . 'The words Min open COlI". wMtM:r;n tM: presence

Or in tM: absence of the otM:r members of the Board. in

M

IUbIection (I) of section 24 thereof sball be l ubistilUled by the

words Min opeD coun

H

and in subseclion (2) there<lf

,

immediately afler the words MCoU" of Appc:aI there shall be

M

iruerted the words ~as oonSlituled in term, of subsection (6)

of scaion 4\ of the Code of Organiution and Civil Proce·

M

dure

•

6. The words "a friend. ~ in section 32aod in subsection

(2) of section 34 thereof shall be substituted by the words "an

advocate or a legal procurator. ~ .

7. Section 39 thereof shall be substituted by the

following

The Minster responsible for jll$ticc may

be notice prescribe

(a) the fees payable to the members of

the Panel provided that no fea Ihall be

payable to members of the Panel who are in

the employment of the Government: and

(b) the fees payable to advocates and

legal procurators for any proceedings before

the board.

M .

l. Section 23 thereof shall be substituted by the

following

~

23. (1) There shall be a Board to be known

~.~

as the Land Arbitration Board.

-~

oppoi

...

..... of

(2) 'The Board shall consist of a

~.

Chairman who shall be appointed by the President

of Malla. The chairman shall be a person who holds

Or has held the office of judge or a person who holds

the office of magistrate.

(3) 'The President ofMaltl may Ippoint

several stw.:b judges or mlgiSlrales 10 sit on the

hoard . but only one such judge or mlgi~rate $hIli

sit in Iny oncouc.

(4) 'The Praidcnt of Malta shlll IlK>

appoint 11 Panel of Ardtitect$ and Civil Engineers

fmm among persons who hold the w'rTant to

pnct~ u Ardlilett . nd Civil Engineer lC(:()rding

to the provisions of tile Architects Ordinance and

who have practised that profe$$ion in Mal" for not

kiSii than seven years

Second Column

& u" , of A~,,'

(5) The pl'Ovions of IICCtl0ns 733, 734.

7]5. 737 and 739 of IIIe Code of Organisation and

Civill'rol.:cdure shallllpply 10 the Chalnnan and to

the memben of the Panel and any eJloeptioo to any

member of the Panel ~all be de<:idcd by the

Oiai rmaD and shall not be subject to .ppeal.

24. (1) Where the chai rman is a per",,"

who has held office of jud~ bu t no lonser holds

sueh office he shall take and sub$crihc an oalh

before the An omey General to ucmsc his

functions UDder this Ordinance with impartiali ty

and In lICIX>rdance with the law.

(2) 1lIc members of the Pane l shall not

en ter upon the dutiC$ of their office unless they

have taken and sub$cribed an oath before Ihe

chainnan 10 e. ercise lhe ir funclions under this

Ordinance with imp.rtiality and in..:c:ordance with

the law.

(l) 1lIc members of the Panel shall be

Ippoi nted for a period of two years and may be re-

appointed . ~ .

2. Section 2S thereof shall be amended as follOWl

(I) the word ~aIonc~ in pangraph (c) of

IUbsocction (2) thereof shall be deleted;

(b) lubscctioD (4) thereof shall be re numbered as

subsection (7);

(c) for subsection (l) thereof !ben: shall be

substituted the followinS subsections (3). (4). (5) and

(6),

-(3) Whenever a question arises befon: the

Board requiring the valuation of any land or any

other technical opinion in connectioD wit h any case

before the Board. the Chainnan shall assign two of

the members of the Panel to examine the land in

question . or to take cogniu.nce of the n:oord of the

CII5C relative to the matter in which the tcehnical

opinion is requested; and such two memben ,hall

presen t their report to the Chai rman during the

sittiDS or file the said report in the Registry of the

Board as the Chairman may direct.

Second Column

£X/em 01 Ammdment

(4) The Ch.i rman may aJ$Q require the

me mben of the Panel assigned [0. case !O attend

[he sitting of the Board when that case is being

considered by the Board if lhe llllid members require

addition.1 information from the parties or nef:d 10

hear any particular witlles$CS.

(5) The Chairman shall o nly be bound by the

reports of thetwo membc:rsof the Panel assigned to

a particular cue whenever the reporu are

unanimous; whe re unani mity is not reached by the

llllid [WO memben, the Chairman lliall on the basis

o f the reporu submitted by the laid two members,

decide the matter himself.

(6) The parties dlall be beard on a day to be

filled by the ao"rd . ~ .

3. Section 27tbereof lliall be amended as foUows

(a) the words ~ [he report of the technical

members o f that board ,ft in pangraph (b) of subsectioo

(3) thereof shall be substituted by tbe words ~tbe reporu

o f the two me mbers of the Panel assigned 10 th.t cue by

tha[ Board o r the report of the te<:hnical membenof that

board, as the case may be, ft;

(b) the words ~by t be tech nical me mbers of tbat

boardt in subsection (4) thereof shall be substituted by

the words "by the two members of [he Panel ll5$igned to

that case by that board , o r by the technical mem bc:1'lI of

that board, as the case may be, ft; and

(c) tbe words ~by the tec:hnical memben o f the

board ,H in subsection (5) thereof shall be lubsti tuted by

the words " by the two memben of the Panel assigned 10

that case by thal board , or the IeChnicaJ memben of th.t

board, as the case may be ,H.

4, Section 35 thereof shall be ren umbered as

$Ubseaion ( I) thereof and the following new ~ions shaD

be added aflersubscctioo ( I ) of Kerion 35 as renumbered

M(2) Without prejudice to the generali ty o f

subsection ( I) of this section , the Minister respotJ$lble

for justice may by notice prescribe the fees pay.ble to the

membeR o f the Panellnd [he fees due to advoca[es and

legll procuratOR for a ny p roceedings before or in

connection with the Board.

Second Column

Extent of Anu'lIdmmt

(3) No fus shall be payabk to the Otlirman

where such chainnan holds the office of judge: and to

memben ofthe Panel who are in the employment of the

~rnrne nt . ~ .

1. Section 5 thereof shall be substituted by the

fotlowiq

S. (I) There shaU be a Board to be known

as the Rural Leases Control Board.

(2) The Board shall c:QQSUt of I

Chairman who shall be a magistrate or a person

who has practised as an advoCIIte in Malta for a

period of, or periods amounting in the .wegate

to. DOl less than seven ~an . • ppointed by the

Prime Minister.

(3) The Prime Minister may appoint

several magistrates or per50nS qualified as in

subsection (2) bereof to sit 00 the Board, but ooly

one magistrate or other pet$OI'I qu.alified as

aloresaid dlIll sitascbainnan in anyone cue.

(4) The Prime Minister shall also

.ppoint two Panels IS fo\low$

(a) a Panc:1 of Architects and Civil

Engineen from among penOD$ who hold the

warrant to prlctiK as ArehilCCl . nd Civil

Engineer acrordina to the provisions of the

Arch itects OrdinllKlC and who have pnc:tised

fop . ...

that profession in Malta for not ~ than fo!:\'t:!I

yean; and

(b) a Panel of penons (in the public

fo!:rvi«: or otherwiK) who are competent and

knowledgeable in agricultural mallen.

(5) The chai rman or .ny member of the

panels may abstain or m.y be challenged by anyof

the contending panies for any of the causes

mentioned in fCCIion 739 of the Code of

OrgBni s.ation and Civil Procedure and any question

Cop. 12

arising in regard to or in eonnc:dion with any cause

of challenge or abstention sh.1I be decided by the

chBinnan .

A

Second Column

£X1~l1t 0/ AmDldmmt

(6) (a) Wbe~ the chainnan is oot a

magist ... te he shaD no! enter upon the dutiesof

hit office unless he has laken and Slllacribed

before !be Altomey General an oath 10

exercise his functions I nd to e .. mine and

decide any ml lter rderred to him "';th equity

I nd im~rtiali ly.

(b) The membett of the Panels

shall noI enter upon the duties of their office

ullless they hi ve taken and subscribed In oath

befo~ the chainnan 10 exen:ise their functions

under this Act with impartiality and in

accordance with the law.

(7) The me mbett of the Pancls shall be

appointed for a period oftlO'o yelf'$ and may be re-

appointed .

(8) Whenever a question arises befo~

the Board requiring the valuation of IIDY

agricultural land or any other technical opinion in

connection with any CM(: bero~ the Board, the

Chairman shall assign one member from each

Panel to exami ne the agricultural land in question

or to take cogniz.ance of the ream! of the case

relative to the maller in which the technical opinion

is requested, and such two membef1 s.haIl presen t

their ~pon to the Chairman during the sitti ng or

file the said report in the Registry of the Board III

the Chairman may direct .

(9) The Chairman may also require the

said two mcmbef110 attend the sitting of tbe Board

when that case is being oomtdered by the Board if

any of the said two membett require additional

informatioll from the partic$ or D«d to bear any

particular witnc55C:l. ~ .

Sc:<:tion 9thercofs.hall be lmended III follows

2. (I) subsection (2) tbereof sha11 be deleted

(b) subsection (l) thereof shaD be SUbstiluted by

tbe following

M(l) TheCl!lirman shlDonly be bound bylhe

~potU of tbe two membett of the two Panc!s

assigned 10 a particular cue in aa:or<iance with

Sc:cond Column

exUnI of A1M~nl

subsection (8) of section 5 of this Aa whenever their

ft'pom are unanimous; where unanimity is nOI

reacbed by the said I'M) members , the Chairmln

shall on the basis oflhe reportS submiued by the said

two members. decide the maller hi.m$elf. M.

3. In subsection (2) of lCdion 10 the~, immediately

. fter the wordJ ~Cou r1 of Appeal ~ thert: shall he added the

words MU constitu ted in terms of sub$ecl:ion (6) ofsection 41

or the Code: ofOrganiulion Ind Civil Proccdurc

M

•

4. Sections 11 and 18thereofshall he substituted by the

following

17. The Minister responsible for justice may

be notice prellClihe the rees payable 10 the

thairman and the members orthe Iwo Panels

Provided Ihal no recs shall be payable 10

any penon who is in the employment of the

;i' ; " :"

~mmenl .

18. The upc:nscs in oonllCClioon with the

admilli$tllllic:m of the Board , including the fo:es

plyable in ac:rordancc with regulations made under

ICdion 17 of this An, shall he paid OUI of the

Consolidated F1,Ind withoLl' the nea:ssity of any

funher appropriation .

M.

Passed by the House of Rcprese ntativet at Sitting No. 172 of the 27th July. 1993.

RICHARD J . C .... UCHI

Ckrk 10 dte HQU.Jf! of R~p"-SerJltJIi~.

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