ACT No. XIII of 2003 AN ACT to promote and protect health 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:-

I assent.

(L.S.)

G UIDO DE M ARCO

President

21st October, 2003

ACT No. XIII of 2003

AN ACT to promote and protect health

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:-

Part I

PRELIMINARY

(1) The short title of this Act is the Public Health Act, 2003. Short title and

commencement.

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

Minister responsible for Health may by notice in the Gazette establish

and different dates may be so established for different provisions and

different purposes thereof.

Interpretation.

In this Act, unless the context otherwise requires;

“abatement notice” means the official notification for the

elimination or removal of a nuisance issued in virtue of article 12

of this Act;

“airport” means an airport designated by the state in whose

territory it is situated as an airport of entry or departure for

international air traffic;

“animal” means any animal whether kept as a pet or otherwise

and includes birds, fish, reptiles and insects;

“authorised officer” means any duly qualified person

authorised by the Superintendent to carry out any functions under

this Act and includes any nominated officer;

“bathing area” means any place where bathing water is found;

“bathing water” means sea water along the coastline of the

Maltese islands which is recognised as such by the Superintendent

and wherein bathing is not prohibited;

“body of water” means an area of sea, whether enclosed or

not, and whether public or private;

“chimney” includes structures and openings of any kind from

or through which smoke, grit, dust or fumes may be emitted, and,

in particular, includes flues, and references to a chimney of a

building include references to a chimney which serves the whole

or a part of a building but is structurally separate from the building

but does not include an exhaust pipe of any vehicle;

“consent” means approval given by an individual without

any force, fraud or threat ;

“contaminant” means any substance declared under article

27 to be a contaminant;

“contaminated land” means land considered as a public health

risk by the Superintendent because of its being contaminated by

waste disposal, or by industrial or other waste, or other activities;

“Council of Health” means the Council constituted by article

7 of the Department of Health (Constitution) Ordinance;

“dark smoke” means smoke which is classified as such when

measured in terms of any regulations prescribed by the Minister

under this Act;

“disease” includes any sickness or illness which may cause a

disruption of human body functions, systems or organs; and

includes also any notifiable disease as well as any symptoms

associated with a disease;

“domestic furnace” means any furnace which is to used solely

or mainly for domestic purposes, and is designed for heating a

boiler with a maximum heating capacity of less than 16.12

kilowatts;

“free pratique” means permission for a ship to enter a port

and disembark passengers, or for an aircraft, after landing, to

disembark passengers;

“human pathogenic organism” means an organism declared

under article 27 to be a human pathogenic organism, and any toxins

produced by such an organism;

“inhabited area” means an area occupied or capable of being

occupied by 100 persons at an accommodation rate of 3.5 persons

per residential unit;

“medical examination” means any physical, psychological

or psychiatric examination and includes the taking of samples of

any substance or excrement from the body;

“medical practitioner” means a person legally entitled to

practice as a medical practitioner under any law for the time being

in force;

“Minister” means the Minister responsible for public health;

“noise” means noise emitted from all sources and includes

noise from road, air traffic, industries, construction and public work,

the surrounding neighbourhood, noise emitted from ventilation

systems, office machines and home appliances;

“nominated officer” means any person authorised by the

Superintendent to carry out any specified function or functions

under this Act for such period of time as the Superintendent may

determine;

“notifiable disease” means a disease declared under article

27 to be a disease which is required to be reported to the

Superintendent;

“nuisance” means unlawful interference, of public health

significance, with the enjoyment of property or with a person’s

way of life and which is prejudicial to health and has an element

of repetition;

“owner” includes

(a)

the agent of the owner or a trustee;

(b) any person who receives, or is entitled to receive;

rental payments under a lease of the premises;

(c)

an occupier; and

(d) a person in charge of or operating any premises;

“person” means physical or legal person and includes a public

authority;

“port” means a port designated by the state in whose territory

it is situated as a port of entry or departure for international travel

or trade;

“practicable” means reasonably practicable having regards,

amongst other things, to local conditions and circumstances, to

the financial implications and to the current state of technical

knowledge;

“premises” includes

(a)

land;

(b) a building or part of a building;

(c)

a structure or part of a structure; and

(d) a tent, stall or other temporary structure;

“private dwelling” means any building or part of a building

used or intended to be used for or by a person to reside in;

“public health” means the physical and mental well being of

the community;

“public health emergency” means any situation in which a

public health risk is actual or imminent;

“public health risk” includes any person and any structure,

activity, animal, substance or thing that may contribute to disease

in humans or may have adverse effects on human health or prevent

and, or, restrict the improvement of public health;

“recreational water” means bathing water, swimming pool

water and any body of water used for recreational purposes ;

“smoke” includes soot, ash, grit and gritty particles emitted

in smoke;

“Superintendent” means the Superintendent of Public Health

and to the extent of any delegation or authority given includes an

authorised officer;

“swimming pool water” means water in a pool intended for

recreational bathing, swimming, diving, or for therapeutic purposes

whether located indoors or outdoors other than such pool used or

intended to be used as a pool at a single-family residence, but includes

a swimming pool located at a single-family residence, which is used

or intended to be used for commercial or business purposes;

“vaccine” means a vaccine, derived from any source, that is

used to prevent disease in humans;

“vehicle” includes any sea-going craft or aircraft;

“waste” includes refuse, rubbish, sewage, manure, liquid

waste, stagnant water, rubble and debris;

“water” excludes water for human consumption.

Part II

ADMINISTRATION

This Act shall be administered by the Superintendent.

Superintendent.

Provided that in matters related to radiation the Superintendent

shall act through the Radiation Protection Board established by the

Occupational Health and Safety Authority Act, 2000 and that in matters Act XXVIII of

related to food safety the Superintendent shall act through the Food 2000.

Safety Commission established by the Food Safety Act, 2002.

Act XIV of 2002.

The Superintendent shall be responsible for public health in

Malta and shall

(a) ensure that the provisions of this Act and of regulations

made thereunder are complied with;

(b) develop and implement strategies to promote and

improve public health;

(c)

issue standards for public health;

(d) advise the Minister on matters regarding public health

in general and on matters relating to this Act in particular;

(e) carry out any other function assigned to him by this Act

or any other law; and

(f) perform any other act which may be necessary or

conducive to the better performance of the functions and

responsibilities assigned to him by this Act.

(1) The Superintendent may under such conditions as he may

deem fit, delegate any of his powers under this Act to any person.

(2) Such delegation may be with respect to different parts

or articles of this Act and to different persons or entities or to a

combination and be subject to any direction by the Superintendent who

may, at any time, revoke it.

(1) For the purposes of this Act, the Superintendent or an

authorised officer may, at any reasonable time -

(a) enter, and inspect any area, premises, body of water or

vehicle;

(b) require any person to answer any question and, or,

produce any records under that person’s control concerning any

activities carried in any area , premises, body of water or vehicle;

(c) inspect, extract or seize any record or take any copy of

any record relevant to public health in whatever form held and,

where any record is kept by means of a computer -

(i) shall have access to, and inspect and check the

operation of any computer, any associated apparatus or

material which is or has been or could have been used in

connection with the records; and

(ii) shall require any person having charge of, or

otherwise concerned with the operation of, the computer,

apparatus or material to afford him such assistance as he may

reasonably require;

(d) request any translation of any document into Maltese or

English;

(e) examine and, or, inspect any person or object found in

or on any area, premises, body of water or vehicle;

(f) mark, fasten, seal, take and remove a sample of any object

found in or on any area, premises, body of water or vehicle;

(g) open any container, receptacle or package found in or

on any area, premises, body of water, or vehicle;

(h) weigh, count, measure or gauge any object found in or

on any area, premises, body of water or vehicle;

(i) seize any object or record found in or on any area,

premises body of water and vehicle;

(j)

seal any area, premises, body of water or vehicle;

(k) take any photographs, film, tape or video image and

make any sketch, plan, or drawing or otherwise make a record of

any person, premises, body of water or vehicle, or anything

contained, therein or thereon;

(l)

test and, or, examine any drainage system;

(m) carry out any test, examination, or measurement by

instruments, monitor any situation, and make observations that

may be required under this Act;

(n) give any order under this Act that he may deem

necessary;

(o) refer any matter to any relevant board under this Act.

(2) An authorised officer shall, when exercising a power

delegated to him by the Superintendent under the provisions of this Act -

(a) provide an identification document issued by the

Superintendent under article 11 when requested by the owner of

the area, premises, body of water or vehicle;

(b) give reasonable notice unless such notice would defeat

the objective of the intended exercise.

(3) An authorised officer, while exercising any power under

this Act, may request the assistance of a police officer or of any other

person as he may require.

(4) A person who seizes any object under subarticle (1) (i),

shall, by notice in writing served on the owner of the object or the

person in charge of the said object at the time, specify the details of the

object seized and the date.

(1) The Superintendent may by order and in the national

interest exempt

(a)

any person;

(b) any matter or activity;

(c)

any area, premises, body of water;

(d) and any vehicle

from any provision of this Act.

(2) An order made in accordance with sub-article (1) of this

article shall be immediately enforceable, and shall without prejudice to

its enforceability be published in the Gazette as soon as practicable

after it is made. Any such order may be revoked, amended or substituted

by subsequent order of the Superintendent

Provided that such order that is revoked, amended or substituted

shall be published in the Gazette as soon as practical after it is made.

The Superintendent or any authorised officer may for the Information request.

purposes of this Act request any person to

(a)

give his personal details;

(b) give details of any licence, permit or exemption under

this Act;

(c)

provide any information relating to public health; and

(d) give information about his or any other person’s activities

in respect of any matter under this Act.

Any person who by any means whatsoever, hinders or obstructs Hindering or

obstructing

the Superintendent or an authorised officer from exercising any of his authorised officer.

powers and functions under this Act shall be guilty of an offence against

this Act.

The Superintendent and any authorised officer may not Conflict of interest.

directly or indirectly involve himself in any activity that may be in

conflict with the execution of his duties under this Act.

The Superintendent shall issue identification documents to Identification

documents.

authorised officers.

(1) When the Superintendent or an authorised officer Abatement notices.

believes, on reasonable grounds, that any requirement under this Act or

under any regulation made thereunder is not being complied with he

may issue an abatement notice to any person whom he believes is

responsible to comply or ensure compliance with such requirement

Provided that an abatement notice may be issued to different

persons when the responsibility for complying falls on more than one

person.

(2) An abatement notice shall be in writing and shall contain

(a)

all relevant details relating to the infringement; and

(b) the address or an indication of the place where the

infringement is taking place: and

(c) an order stating what is required to be done to comply

with the notice.

(3) An abatement notice may be given orally by the

Superintendent or an authorised officer

(a)

in urgent cases; or

(b) if it proves impossible to serve it in written form.

(4) An abatement notice shall be served in writing

(a) at either the residential or commercial address of the

person on whom the abatement notice is to be served;

(b) or, where the person on whom an abatement notice is

to be served cannot be found, by affixing the abatement notice

onto the premises, where the infringement is taking place, and any

person who removes or in any way interferes with an abatement

notice so affixed shall be guilty of an offence.

(5) Any person or persons, on whom an abatement notice

is served, shall abate the nuisance without delay and in any case not

later than such time indicated in the abatement notice

Provided that the indication of any such time in the abatement

notice shall be without prejudice to any other action that may be taken

by the Superintendent or any authorised officer before the expiry thereof.

(6) Any person on whom an abatement notice has been

served and who fails to comply with any of the requirements of the

notice, shall be guilty of an offence against this Act and the Court may

apart from awarding punishment, order the accused to undertake such

works so as to prevent the reoccurrence of the infringement.

(1) When it appears to the Superintendent that any person

has engaged in any conduct that constitutes an offence against this Act

or has failed to comply with any regulations made thereunder, the

Superintendent may, at his discretion, instead of authorising proceedings

against that person, caution that person in writing, and seek an

undertaking in writing from that person that he shall refrain from the

conduct specified in the undertaking.

(2) The Superintendent shall maintain a register of

undertakings made under sub-article (1), which register shall be kept at

an office specified by him, and shall be available for public inspection

at such times as may be established by notice published in the Gazette.

(3) Any person who acts in contravention of an undertaking

made in accordance with sub-article (1) shall be guilty of an offence

against this Act.

(4) As long as it is reasonably possible in the circumstances,

the Superintendent shall inform the person being investigated, about

the reason for his investigation.

(1) The Superintendent may, if he is so satisfied, declare Declaration of an

emergency.

that a public health emergency exists.

(2) The declaration shall specify

(a)

the nature of the public health emergency; and

(b) the area to which the declaration applies.

(1) After declaring a public health emergency the Directions by

Superintendent.

Superintendent may take any one or more of the measures hereunder

as he may consider necessary in order to reduce, remove or eliminate

the threat to public health

(a)

segregate or isolate any person in any area; or

(b) evacuate any persons from any area; or

(c)

prevent access to any area; or

(d) control the movement of any vehicle; or

(e) order that any person undergo a medical examination; or

(f) order that any substance or object be seized, destroyed

or disposed of as he may direct; or

(g) order such other action be taken as he may consider

appropriate.

(2) Any person who does not comply with any direction by

the Superintendent given by virtue of this article shall be guilty of an

offence against this Act.

(1) For the purpose of this Part the Superintendent may

authorise any person to;

(a) enter any place if necessary by using such reasonable

force to

(i)

save human life; or

(ii) prevent injury to any person; or

(iii)

rescue any injured or endangered person; and

(b) close any area, premises, body of water or vehicles; and

(c) remove by reasonable force any person who fails to

comply with a direction.

(1) Any person may apply to the Superintendent for

reasonable compensation for any loss or damage suffered as a result of

anything done under this Part.

(2) Compensation is not payable to any person who suffers

any loss or damage because

(a) of any action or inaction by that person that is not the

result of a direction under this Part; or

(b) the loss or damage caused by a public health emergency.

(1) Any person who becomes aware of any fact or situation

which he reasonably ought to believe to be a public health risk or a

potential public health risk shall, as soon as he becomes aware of such

risk, inform the Superintendent.

(2) Any person who fails to comply with the provisions of

sub-article (1) shall be guilty of an offence against this Act.

No person may record, collect, transmit or store any records, Recording

information.

information or forms for the purpose of this Act other than in accordance

with the provisions of this Act or any regulations made thereunder.

(1) The Superintendent may order for the purposes of this Powers of

Superintendent with

Act that any article, item or substance that causes a threat to public regard to certain

health

articles.

(a) is not imported, manufactured, sold, used, stored or

transported or handled in any manner whatsoever;

(b) is to be dealt with in accordance with any directions he

may impose.

(2) Any person who, does not comply with an order of the

Superintendent under sub-article (1) shall be guilty of an offence.

(1) The Superintendent may require any person to treat, Removal and

disposal.

remove, recall, dispose of or destroy any articles, items, goods or

substances that, in his opinion, may cause a threat to public health.

(2) The Superintendent may require any person who is in

possession or, at the time, is in control of any premises, area, vehicle or

object, which, in his opinion, may cause a threat to public health, to

clean, disinfect or disinfest such premises, area, vehicle or object.

(3) The requirements of sub-articles (1) and (2) shall be

carried out in accordance with any directions that the Superintendent

may give and at the expense of the person required to comply with the

said requirements.

If a person fails to comply with any direction given by the Superintendent may

carry out direction

Superintendent under this Act, the Superintendent may take any and the expenses

measures he deems appropriate to have the direction carried out at the recovered as civil

debts.

expense of that person.

(1) Any person who assaults, abuses, harasses or threatens Offences against

an authorised officer, a nominated officer or a police officer exercising authorised officers.

a function under this Act or otherwise hinders, obstructs or delays a

power or the performance of a function under this Act, shall be guilty

of an offence under this article.

(2) Any person who fails to comply with a requirement of

an authorised officer, nominated officer or a police officer under this

Act shall be guilty of an offence under this article.

(1) A person who removes or otherwise interferes with :-

(a) any seal or mark made by an authorised officer or a

nominated officer; or

(b) any sample taken by an authorised officer or nominated

officer; or

(c) any object or document seized by an authorised officer

or nominated officer;

shall be guilty of an offence under this article.

(2) A person who contaminates any sample taken by an

authorised officer or a nominated officer shall be guilty of an offence.

The Minister may, from time to time, after consulting the

Superintendent, establish committees, boards or other similar groups

to advise and assist the Minister and the Superintendent in the

performance of their functions under this Act.

Part III

POWERS TO MAKE REGULATIONS

The Minister, after consulting the Superintendent, may make

regulations in general to regulate matters related to public health and

without prejudice to the generality of the aforesaid, may by such

regulations make provisions relating to public health

(a) (i) requiring the licensing, registration or approval of

any person, premises, equipment, machinery, apparatus or service

concerning public health matters;

(ii) prescribing conditions, obligations or directions to

any licence, registration or approval;

(iii)

specifying the date of issue and the duration of

any licence;

(iv) specifying reasons for withdrawal, cancellation or

suspension of any licence, registration or approval;

(b) for the acquisition, disclosure, transmission, publication,

restriction and storage of information relevant to public health;

(c)

prescribing fees for any services given under this Act;

(d) for the control of recreational waters and in particular: Recreational waters.

(i)

the quality standards thereof;

(ii) the method and frequency of sampling and the

methods for testing and analysis thereof;

(iii)

the closure of bathing areas;

(iv) the regulation, registration and licensing of

swimming pools;

(v) the regulation of areas where and times when

animals may be taken into the sea;

(e)

for the control of smoke and in particular

(i) the methods of measurement of dark smoke and

setting the limits on the rate of emissions of smoke;

(ii) identifying specific chimney heights depending on

the purpose of the chimney, on the type of fuel to be used or

in use and the location of the building;

(iii)

declaring smoke controlled areas;

(iv) regulating or exempting from regulations any

burning process, including furnaces and domestic furnaces;

(v) controlling and monitoring indoor air pollution;

(vi) giving effect to international agreements or

standards with regard to smoke and air pollution applicable

to Malta;

(f) regarding the limit or elimination of any noise, which

may give rise to a nuisance, inconvenience or disturbance or

constitute a danger to health and in particular

(i)

setting out objectives for reducing noise levels;

(ii) setting noise level standards for residential noise

and noise that is emitted from or caused by a vehicle,

machinery or equipment;

(g) regulating

(i) dumping, keeping, transportation, storage,

collection, treatment, recycling, reuse, disposal, importation

and exportation of waste; and

(ii) houses or other premises built upon or near any

contaminated land;

(h) regulating

(i) premises used for habitation or assembly, including

caravans and caravan sites, day care centres and any other

structures used for habitation whether permanent or not and

whether movable or fixed;

(ii) prohibiting the keeping of animals, in any premises,

in any area whether within an inhabited area or not;

(i)

prescribing

(i)

the standards for water quality for different uses;

(ii) the sampling and monitoring requirements for

specific types of water and their uses;

(iii) water which may become prejudicial to health

when used in any process or system;

(iv) the registration or licensing of activities, processes

and systems where water is used;

(v) the regulation of suppliers or carriers of water;

(j) regulating

(i) the construction, layout, siting and material to be

used for any drainage system and ancillary facilities;

(ii) sanitary practices relating to disposal of waste in

or from any premises;

(iii) the removal of stoppages from and the

maintenance of drainage systems and other ancillary facilities

of private and public premises;

(k) prescribing

(i) the obligations of any commander, ship master, or

any other member of the crew or staff on an aircraft or sea-

going craft;

(ii) the signals to be hoisted or messages to be given

by sea-going craft or by aircraft having any case of disease

on board;

(iii) regulations regarding the granting of free pratique;

(iv) regulations relating to the issue of deratting

certificates or deratting exemption certificates;

(v) the obligations of any person engaged with any

airport or port authorities or any other person at any airport

or port;

(vi) regulations regarding the discharge or loading of

cargo, waste, water or food supplies, fuel, equipment, as well

as smoke or gas emissions;

(l) (i) regulating the importation, exportation, licensing,

keeping, sale, giving by way of compensation or otherwise of

poisonous, venomous or otherwise dangerous living organisms

which are not endemic in Malta and which may pose a public health

risk to any person that may come in contact with them;

(ii) regulating the control or extermination of rats, mice

or any other pest which may act as a vector or carrier of disease;

(iii) regulating the importation, use, storage and sale

of chemicals and substances containing chemical which are or may

pose a public health risk;

(iv) regulating burning process, including furnaces and

domestic furnaces; and

(m) (i) regulating any activity where there is risk of

potential exposure to ionising radiation, including activities of

producing, manufacturing, importing, exporting, supplying,

keeping, conveying, using or otherwise dealing with radioactive

substances or radiation apparatus as well as the exposure to

radiation in the diagnosis and treatment of disease;

(ii) classifying and regulating

A. radioactive substances;

B. ionising or non-ionising radiation apparatus;

C. sealed radioactive sources;

D. other radiation apparatus;

(iii) specifying standards, practices and procedures to

be followed with regard thereto;

(iv) regulating any act or thing that is involved in or

related to an activity referred to in (ii) and (iii) above;

(v) regulating licences, permits, registrations,

authorities or approvals in connection therewith;

(vi) requiring the keeping of records, furnishing of

information, and notification of accidents or other matters or events

by persons carrying on activities referred to in (ii) and (iii) above;

(vii) prescribing the monitoring of levels of exposure

to radiation of persons engaged in activities referred to in (ii) and

(iii) above and the monitoring of the health of such persons as

well as of the general public during and after such activities;

(viii) guarding the protection of persons and the

environment against the harmful effects of radiation resulting from

activities referred to in (ii) and (iii) above.

The Superintendent may make, vary or revoke orders

Powers of the

Superintendent.

(a)

(i)

listing and categorising notifiable disease;

Notifiable diseases

and contaminants.

(ii) declaring an organism to be a human pathogenic

organism;

(iii)

declaring a substance to be a contaminant;

(b) controlling advertisements that may affect public health Advertising.

and in particular

(i) controlling the visual, audio and written content

thereof;

(ii) controlling the layout and sequence of events of

the advertisements;

(iii) regulating the persons or class of persons used in

the advertisements;

(iv) requiring a written permission from the

Superintendent before the publication of an advertisement;

(c) prescribing measures to guard against or to control Epidemics and

infectious diseases.

dangerous epidemics or infectious disease and in particular

(i)

regulating the prompt internment of the dead;

(ii) regulating the power to inspect premises;

(iii) regulating the provision of medical aid, the

distribution of medicine, the establishment of hospitals, the

promotion of cleansing, ventilation and disinfection and

otherwise for guarding against the spread of disease and for

the treatment of persons suffering therefrom;

(iv) regulating occupancy in premises or any parts

thereof to prevent them from being so overcrowded as to be

dangerous to health;

(v) prescribing such other matter as the Superintendent

may deem expedient for the prevention or mitigation of such

disease;

(d) ensuring the protection of the public by immunisation

against particular diseases and in particular may by such order

(i) regulate and control the practice of any particular

type of immunisation in humans;

(ii) prescribe forms, certificates, notices, immunisation

certificates and postponement certificates;

(iii) prescribe those diseases against which

immunisation of humans shall be compulsory;

(iv) regulate and control the importation, exportation,

manufacture, storage and transport of any type of vaccine;

(v) publish schedules regarding compulsory or

recommended immunisations;

(e) (i) specifying the qualifications or conditions necessary

for a person to qualify for a registration or a licence under this Act;

(ii) specifying the criteria and conditions for the

licensing or registration of premises or persons under this Act;

(f) (i) requiring the medical examination of persons

exposed or believed to have been exposed to radiation;

(ii) providing measures to be taken in case of a public

health emergency caused by any type of radiation;

(g) giving any other direction that is or may be given by

the Superintendent under this Act.

Part IV

PREVENTION AND CONTROL OF DISEASE

(1) The Superintendent may require a person to undergo a

medical examination by a medical practitioner within such period as

the Superintendent may specify if the Superintendent has reason to

believe that such person is suffering from a notifiable disease or if he

has an occupation which is considered capable of spreading disease.

(2) The medical practitioner who conducts a medical

examination under this article shall as soon as practicable provide the

Superintendent with a written report of the results thereof.

(3) Any person who fails to undergo a medical examination

or any medical practitioner who fails to provide a written report shall

be guilty of an offence.

(1) The Superintendent may order that a person suffering Directions by the

Superintendent.

from a notifiable disease

(a) be isolated in such a place as the Superintendent

determines;

(b) be placed under the supervision of a specified person;

(c) submits to further medical examination, medical testing,

immunisation, medical treatment or counselling;

(d) discloses to an authorised officer the name and address

of any other person with whom contact by that person may result

or may have resulted in the transmission of the disease;

(e) refrains from doing anything which may cause the spread

of disease.

(2) Where a child is suffering from a disease or has resided

in a house where a disease exists or has existed for any period at any

time not earlier than six weeks before, the Superintendent may require

the parent, guardian or any other person not to allow the child to attend

school without providing to the person in charge of such school a medical

certificate that such child is free from disease or infection and is fit to

attend school.

(3) The Superintendent may apply to a magistrate for a Warrant by

warrant to apprehend and detain or quarantine any person who fails to magistrate.

comply with a direction under sub-article (1) and for that purpose, to

enter any area, premises, body of water or vehicle.

Where it appears to the Superintendent that a person is so Persons dirty or

verminous.

dirty or, on a report by a medical practitioner, that a person or his clothing

are verminous, and that person does not consent or is unable to consent

to be cleansed, the Superintendent may cause such person, including

his clothing to be cleansed.

(1) Any medical practitioner who treats or examines any

person for a notifiable disease shall report such notifiable disease to the

Superintendent on the prescribed certificate.

(2) The person in charge of a laboratory that receives a

primary specimen or sample that yields a positive result indicating that

the patient who supplied the specimen is suffering from a notifiable

disease shall report such findings to the Superintendent within such

time and in such manner as the Superintendent may direct.

(3) The reports that are to be made in terms of sub-articles

(1) and (2) shall not require the consent of the person being treated or

examined.

(4) The Superintendent may require any person to notify

him of the presence or occurrence of any of the following

(a)

any notifiable disease or suspicion thereof;

(b) any human pathogenic organisms or suspicion thereof;

(c)

any contaminant or suspicion thereof.

(5) Any person who contravenes any requirement of this

article shall be guilty of an offence.

The Superintendent may, in the interest of public health, give

information to any person or persons who may be affected by any

notifiable disease or any human pathogenic organism or contaminant.

(1) A person who is aware of having a notifiable disease

and in case of a child, the parent, guardian or any other person having

the custody of that child, shall take all reasonable measures and

precautions to prevent the transmission of the disease.

(2) Any person who contravenes any requirement of this

article shall be guilty of an offence.

(1) The Superintendent, by public notice, may declare that

Outbreak of disease.

there is an outbreak of a notifiable disease. Such declaration shall be

revoked when the outbreak is over.

(2) The Superintendent may give any directions he considers

necessary or appropriate for the control of an outbreak and any person

who does not comply with the directions given shall be guilty of an

offence under this article.

(3) The Superintendent may also give information about

such outbreaks outside Malta and in particular indicate any port or airport

that may be infected.

Whenever any part of Malta is affected by any epidemic Epidemics.

disease, medical practitioners exercising their profession within the area

affected by the disease, as well as other medical practitioners engaged

by the Government, shall not refuse to treat persons suffering from such

disease within the area.

The Superintendent may require any person to keep, use or Use of certain

dispose of any contaminant, human pathogenic organism and any other materials.

material or substance capable of causing disease in humans in accordance

with any orders or regulations that may be issued under this Act.

(1) No person shall, unless authorised by the Burial or removal of

body to mortuary.

Superintendent, retain the body of any person who has died from a

disease for more than twenty-four hours, in a room used as a dwelling-

place, sleeping-place or workroom

Provided that nothing contained in this article shall prevent the

removal of such body, before the lapse of 24 hours, to a mortuary where

such removal becomes necessary under any provisions of this Act or

any other law.

(2) It shall not be lawful for any person to remove the body

of a person who dies at home, in any hospital or in any other place

provided for the treatment of persons suffering from a disease, except

for the purpose of immediate burial, where a medical officer certifies

that in his opinion it is desirable, in order to prevent the risk of

communicating such disease or of spreading infection, that such body

shall not be removed from such home, hospital or place except for such

burial

Provided that nothing in this sub article shall prevent the

Superintendent from authorising the removal of such dead body to a

mortuary designated by the said Superintendent.

(3) The Superintendent or an authorised officer may order

the removal of a dead body to a mortuary if -

(a) the person died of any notifiable disease and is lying in

a dwelling in which persons live or sleep; or

(b) whatever the cause of death, the body is in such a state

as to pose a risk to health.

(4) A person who does not comply with the provisions of

this article shall be guilty of an offence.

(5) Unless any relative of the deceased undertakes to bury

the body and effect such burial within the period of time stipulated by

such order as aforesaid, it shall be the duty of the Superintendent to

cause the burial of such body and any expense so incurred may be

recovered by the Superintendent as a civil debt.

Part V

LEGAL PROCEEDINGS

(1) Where there is reasonable cause to believe that any

person has contravened any of the provisions of this Act or of any

regulations made thereunder, the police shall, on the report of the

Superintendent, institute criminal proceedings against the offender.

(2) In any criminal proceedings instituted by the police for

an offence under this Act, the Superintendent or any authorised officer,

may, notwithstanding any law to the contrary, lay the charge before the

court, produce evidence, plead and otherwise conduct the prosecution

instead of the police.

(3) The sworn statement of any authorised officer, to the

effect that he has been deputed as provided in sub-article (2) shall be

conclusive evidence of the fact, should proof thereof be required by

the court.

A person convicted of an offence against this Act shall be

Cost of proceedings.

liable for costs relating to

(a) the examination and analysis of any object to which the

offence relates; and

(b) the seizure and disposal of any object to which the

offence relates; and

(c) the transportation and storage of any object to which

the offence relates; and

(d) any other costs incurred by the Superintendent and

occasioned by the offence.

(1) Where a person is found guilty of an offence against Offender to

this Act, the court shall, where necessary, besides awarding punishment, conform

and regulations.

order the offender to abate any nuisance arising from the offence or, if

the circumstances so require, to comply with the law, in either case

within such time as shall be fixed by the court for the purpose and, in

the case of non-compliance with any such order, he shall be liable to a

further fine (multa) not exceeding 50 liri for every day of non-compliance

after the expiration of the said time fixed as aforesaid.

(2) The court may upon an application to that effect by the

prosecution at any time authorise the police to abate the nuisance or to

enforce the law at the expense of the offender, who, in either case, shall

be liable to refund such expense as a civil debt.

(3) When the offence for which a person has been found

guilty relates to dumping of any waste in any manner whatsoever, the

court shall, where applicable, besides awarding punishment, order the

offender to remove such waste.

(4) If the offender fails to abide with an order made under

sub-article (3), the provisions of sub-article (2) shall apply.

(5) If the offender is absent from Malta or has absconded

or is, on account of mental disorder or other physical incapacity, unable

to appear before the court or, for any reason whatsoever the summons

cannot be served and the Superintendent certifies on oath that it is

urgently required that the nuisance be abated or that the law be otherwise

enforced, the court shall proceed to order that the summons be served

on the lawful representative of the offender or on the person having the

custody of the offender or on the person having the management of his

property or, in default of any known representative or person as aforesaid,

on the offender’s husband or wife or son or daughter. In any case, if the

nuisance or non compliance with the law is proved, the court shall apply

the provisions of sub-article (2) of this article or in appropriate cases,

the provisions of sub-article (1).

Upon conviction for an offence against the provisions of this Suspension of

Act where the offence relates to an area, premises, body of water or licence.

vehicle requiring a licence under this Act, the court may order the

suspension of any licence or licences issued in respect of the person

charged or the premises forming the subject of the proceedings.

Any person in any application, information, advice or record

made or submitted for the purpose of this Act, either makes a statement

knowing it to be false or misleading, or omits any material fact shall be

guilty of an offence against this article.

Where the evidence of the prosecuting officer is required,

the said officer shall be heard before he assumes the duties of prosecuting

officer unless the necessity of his evidence arises at a later stage of the

proceedings.

A person guilty of a first offence against any of the provisions

of this Act shall be liable, on conviction, to a fine (multa) of not less

than one hundred liri and not exceeding two thousand liri or to

imprisonment for a term of not less than six months and not exceeding

two years or both such fine and such imprisonment and on a second or

subsequent conviction, to a fine (multa) of not less than two hundred

liri and not exceeding five thousand liri or to imprisonment for a term

of not less than two years and not exceeding four years or to both such

fine and such imprisonment.

(1) Without prejudice to anything done or any liability

incurred thereunder the laws or articles or parts of laws listed in sub-

article (2) of this article (hereinafter the Repealed Laws) are hereby

repealed.

(2) Clean Air Act, Cap. 200; Litter Act, Cap 206; Articles

97, 101 to 110, 117, 118, 121, 122 and articles 124 to 127 of the Code

of Police Laws Cap. 10; Prevention of Disease Ordinance, Cap. 36.

(3) Any licence granted under any of the Repealed Laws

shall continue in force and be subject to renewal as if its were a licence

under this Act.

(4) Any regulation made under the Repealed Laws shall

continue in force as if it was made under the corresponding provision

of this Act, and may be amended, repealed or substituted accordingly.

Passed by the House of Representatives at Sitting No. 39 of the 7th October,

2003. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives