AN ACT to amend the Malta Board ofStandmds Act to pruYitkfor.he ~stablishin8 of an autonomous authority for Standards and ancillary matters.

I assent.

(LS.)

Uoo MIFSUD BoNNIeI

President

2nd August, 1996

ACI' No. XIX of 1996

AN ACT to amend the Malta Board ofStandmds Act to pruYitkfor.he

~stablishin8 of an autonomous authority for Standards and

ancillary matters.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assemb led, and by the authority of the same, as follows:-

(I) This Act may be cited as the Malta Board of Standards Sborttitlo_

(Amendment) Act, 1996, and shall be read and construed as one with _ ........ _ .

the Malta Board of Standards Act, hereinafter referred to as "the principal Cop. 11'1 .

Act".

(2) This Act shall come into force on such date as the

Minister responsible for industry. may by notice in the Gazette appoint

and different dales may be so appointed for different provisions and

purposes of this Act.

In the title to the principal Act for the words "Malta Board of •

Standards". there shall be substituted the words "Malta Standardisation 1iUo.

Authority"; and for the words "Malta Board of Standards Act" there

shall be substituted the words "Malta Standardisation Authority Act".

In section 1 of the principal Act, for the words "Maila Board,. • .... 01

of Standards Act" there shall be substituted the words "Malta ;:;,:.:~

Standardisation Authority Act".

In section 2 of the principal Act:-

(a) for the definilion of "Board" there shaH be substituted

the following

" "Authority" mea ns the Malta Standardisation

Authority;";

(b) in the definition o["licence" for the word "Board" there

shall be substituted the word "Authority"; and

(c) immediately aner the definition o{"person" there shall

be added the following definiton

"standard" means definition, classification, specification or

description of a product or process, including wherever possible

reference to its procedure, safety requirement, mode of

manufacture, nature, material, methods of lest or measurement,

weight, grade, purity, origin, age , composition, quantity,

dimensions, properties, labelling, packaging, perfonnance, bio

availability or other characteristics or any combination of the same.

Section 3 of the principal Act shall be amended as follows

(a) for subsections ( I) to (4) thereof, there shall be

substituted the following

There shall be established an Authority, to be

"(I)

called the Malta Standardisation Authority, which shall

exercise and perfonn the functions assigned to it by this Act

or by any other law.

(2) The Authority shaH be governed by a Council

which shall be composed as follows:-

(a) A Chainnan, appointed by the Prime Minister;

(b) the Director of Industry t!X officio who shall

be Deputy Chainnan;

the Comptroller of Customs ex officio;

(e)

the Director of Agriculture ex officio;

(d)

the Director of Consumer Affairs ex officio;

(e)

(0

the Director (Environment Protection) ex

officio;

the Director (Public HeaJth) Lt officio;

(g)

(h)

three members appointed by the Minister·

(i) one after consultation with the Chamber

of Architects,

(ii) one after consultation wi th the Chamber

of Professional Engineers, and

(iii) one after consultation with the Chamber

of Pharmacists;

(i) a member appointed by the Council of the

University of Malta;

G) a representative of the Malta Council for

Science and Technology, appointed by the Prime

Minister;

a member appointed by the Chamber of

(k)

Commerce; and

a member appointed by the Federation of

(I)

Industries.

The me mbers of the Council otber than those

(3)

referred to in paragraphs (b) to (g) of subsection (2) shall be

appointed for a period not exceeding three years and shall be

eligible to be reappointed.

(4) The members of the Council shall receive such

remuneration as the Minister may prescribe.";

(b) in subsections (5), (6) and (7) thereof for the word

"Board" wherever it appears, there shall be substituted the word

"Council";

(c) in subsection (6) thereof for the word "four members"

there shall be substituted the words "six members"; and

(d) immediately after subsection (7) thereof there shall be

added the following subsections

"(8) The Council may act notwithstanding any vacancy

as long as a quorum is present.

(9) The Chairman shall have an original and in the case

of equality of votes a second or casting vote.

The Authority shan be the authority in Malta

(10)

entrusted with the coordination of standardisation and related

activities, and in the exercise of its functions under Ihis or

any other law . it shall, unless otherwise expressly provided,

not be under the direction or control of any person or authority .

(11) The Authority may with the concurrence of the

Minister, enter into agreements with any person or authority

whereby such person or authority shall on behalf of the

Authority carry out such functions and services as are by Ihis

or any other law assigned to the Authority.

(12)

The Authority shall have a legal personality

distinct from that of the Government, its legal representation

shall vest in the Chainnan. The assets and other properties

held by the Authority shall however be the property of the

Government and th e Authority shall only have their

administration during such tenure, and shall dispose of them

in accordance with such directions as the Minister may from

lime 10 lime give to the Authority.

(13) The Authority may charge fees for any service

provided by it under this Act.

(14) The accounts of the Authori ty shall be audited by

an independent auditor appointed by it with the concurrence

of the Minister. provi ded Ihat the Director of Audil may al

any time inspect the records and accounts of the AuthOrity

and repon thereon to the Minister and !he Minister responsible

for finance .

(15)

The Authority may with the approval of the

Ministerrecru it such personnel as it may require for the proper

discharge of its functions under this Act under such terms

and conditions as the Minister may approve.".

Immediately after section 3 of the principal Act, there shall be

added the following new section 3A

3A . ( I) The Prime Minister may, at the request o f

the Authority . from time to time direct that any public officer

.... dlll)' ...... shall be detailed for duty with the Authority in such capacity

and with effect from such date as may be specified in the

direction.

(2) The period during which a direction as aforesaid

shall apply to any officer specified therein shall, unless the

officer retires from the public service, or otherwise ceases 10

hold office at an earlier date, or a different date is specified in

the direction, end on the happening of any of the following

events, that is 10 say •

(a) the acceptaoce by such officer of an offer of

transfer 10 the service of, and permanent employment

with the Authority made in pursuance of subsection (8)

of this section; or

(b) the revocation by the Prime Minister of any

direction made by him under this section in relation to

such officer.

(3) Where a direction as aforesaid is revoked by the

Prime Minister in relation to any officer, the Prime Minister

may , by further direction. detail such officer for duty with

the Authority in such capacity and with effect from such date

as may be specified in the further direction, and the proviSions

of subsection (2) of this section shall thereupon apply to the

period of duration of such further diI'C(;tion in relation to such

o fficer.

(4) When a public officer is detailed for duty with the

Authority under any of the provisions of this section. such

officer shall , during the time the direction has effect in relation

to him, be under the administrative authority and control of

the Authority, but he shall for other intents and purposes

remain, and be considered and treated as, a public officer.

(5) Without prejudice to the generaJity of the foregoing,

a public officer detailed for dUlY as aforesaid ·

(a) shall not during the time while such officer is

so detailed ·

(i) be precluded from applying for a transfer

to a department of the Government in accordance

with the tenns and conditions of service attached

10 the appointment under the Government held by

him at the date on which he was detailed for duty;

0'

(ii) be socmpJoyed that his remuneration and

conditions of service are less favourable than those

which are attached to the appointment under the

Government held by him at the date he was detailed

for duty as aforesaid or which would have become

attached to such appointment, during the said

period, had such officer not been detailed for duty

with the Authority; and

(b) shalJ be efllitled to have his service with the

Authority considered as service with the Government

for the purpose of any pension, gratuity or benefit under

the Pensions Ordinance and the Widows' and Orphans'

cap. 9) .

Pension Act, and of any other right or privilege to which

cap.51 .

he would be entitled, and shall be liable to any liability

to which he would be liable, but for the fact that he is

detailed for duty with the Authority.

(6)

Where an application is made as provided in

subparagraph (i) of paragraph (a) of subsection (5) of this

section, the same consideration shall be given thereto as if

the applicant had not been detailed for duty with the Authority,

(7) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for fi nance in respect of the cost of

pensions and gratuities earned by an officer detailed for duty

with the Authority as aforesaid during the period in which he

is so detailed.

(8) The Authority may, with the approval of the Prime

Minister,offer to any public officer detailed for duty with the

Authority under subsection (2) of this section permanent

employment with the Authoity at a remuneration and on terms

and conditions specified in the offer.

(9) Every officer who accepts permanent employment

with the Authority offered to him under this section shaH, for

all purposes be deemed to have ceased to be in the service of

the Government and to have entered into service with the

Authority on the date of his acceptance:'.

For section 4 of the principal Act there shaH be substi tuted the

following

4 . The functions of the Authority shall be

(a) to prescribe, in relation to any class, category or

type of products, standards which arc in accordance with

regionally and internationally recognised standards and

which any product falling within thatdass,category or type

is to satisfy;

(b) to co-ordinate, monitor and promote

standardisation and related activi~ at the various corporate,

national, regional and international levels, and to supply

andlor ensure the existence of adequate supporting related

services;

(c) to consider all applications for a licence to use the

standard mark and to grant licences for the purpose;

(d) to do all such other things as may be done by the

Authority under the provisions of this Act or any other law.".

For the word "Board" wherever it appears in sections.5, 6, 7 and ~of

17 of the principal Act, there shall be substituted the word "Authority". ::':;'" ~.!;,1

and in the Mallese text of the same sections the gender is to be amended pr\loI:lpoI A<t.

..

__ 1",

Section 18 of the principal Act shall be amended as follows

AJ

in paragraph (b) thereof for the word "Board there shall pNocipoI ......

(a)

H

be ~ub~tiluted the word "Authority";

paragraph (e) thereof sball be renumbered as paragraph (0,

(b)

(c) immediately after paragraph (d) thereof, there shall be

inserted the following

"(e) prescribing anything that is or may be prescribed

under this Act; and".

(I) In subsection (i )ofseclion 1890ftheCodeofPoliceLaws, c:c...cqucntial

for the words "at the office o f the Director of Consumer Affairs" there .......m-

shall be substituted the words "at the office of the Malta Standardisation Cap. 10.

The Weights and Measures Ordinance, shall be amended Cap. )9.

(2)

(a)

immediately before the definition of "stamping" in section 2

thereof lhere shall be added the following definition

" "Authority" means the Malta Standardisation Authority

established by section 3 of the Malta Standardisation Authority

Act;";

section 6 thereof shall be amended as follows ;

(b)

the present provision shall be renumbered as subsection

(i)

( I) thereof; and

immediately after subsection (I) thereof as renumbered

(ii)

there shall be added the following new subsection (2):-

"(2) The Authority may from time to time detennine

standards of size, weight or other mensuration in substitution

of, or in addition 10, those established under subsection (I) of

this ~ion, and when such standards have been 10 detcnnincd

by the Authori ty the size and weight o f all measures and

weights in Malta shall be dctcnnined thereby,";

(e) for the words "Director of Consumer Affairs" in sections 7,

13 , 14, 15 and 19 thereof, there shall be substituted the word "Authority";

(d)

for the words "President of MalIa" in section 8 thereof there

shall be substituted the word "Authority"; and

(e) for the words " Minister responsible for consumer affairs" in

sections IS, 18, 26 and 28, there shall be substituted the words "Minister

responsible for industry".

(3) The Quality Control (ExportS, Imports and Local Goods) Act,

shall be amended as follows

(a) in the title thereof for the words " Malta Board of Standards"

there shall be substituted the words "Malta Standardisation Authority";

(b) for the definition of " Board" in section 2 thereof, there shall

be substituted the following

.. "Authority" means the Malta Standardisation Authority

established by section 3 of the Malta Standardisation Authority

Act;";

for the word "Board" wherever it appears in the Act, there

(f)

shall be substituted the word "Authority", and in the Maltese text of

the same sections the gender is to be amended accordingly;

(d) in section 3 thereof for the words "Director of Industry"

there shall be substituted the word "Minister";

(e) in sections 6, 9 and 11 thereof for the words "Director of

Industry" wherever they appear there shall be substituted the word

"Authority"; and

(f) section 14 thereof shall be deleted.

The Food, Drugs and Drinking Water Act, shall be amended as c.p. 231.

(4)

follows

in section 2 thereof -

(a)

(i) immediately after the definition oC"Authorised officer"

there shall be inserted the following new definition

" "Authority" means the Malta Standardisation

Authority established by section 3 of the Malta

Standardisation Authority Act;"; and

(ii)

the definition of " Food Standards Board" shall be

deleted;

section 3 thereof shaU be deleted; and

(b)

(c) for the words " Food Standards Board" in subsection (2) of

section 4 thereof there shall be substituted the word "Authority".

(5) In section 43 of the Consumer Affairs Act 1994 the words "the ""'. XXVIII

Weights and Measures Ordinance," and the words ·'Cap. 39" in the marginal of '994.

note thereto, shall be deleted.

o.-.... of

Any reference in any other law totheMaIta Board of Standards

and to the Malta Board of Slandards Act, shall be deemed and construed

as a reference to the Ma1ta Standardisation Authority and the Malta

Standardisation Authority Act, respectively.

Passed by the House of Representatives at Sitting No. 56S of the 16th July.

1996. RICHARD J. C.MJCHl

Clerk to tlu Howst: of Rt:prt:sl:nlotiws