ACT No. XV of 2003 AN ACT to make provision for the restructuring of Malta Drydocks and the Marsa Shipbuilding Yard.

I assent.

G UIDO DE M ARCO

(L.S.)

President

25th November, 2003

ACT No. XV of 2003

AN ACT to make provision for the restructuring of Malta Drydocks

and the Marsa Shipbuilding Yard.

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>–

(1) The short title of this Act is the Dockyard and

Shipbuilding Yard (Restructuring) Act, 2003.

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

the 7th November, 2003.

In this Act unless the context otherwise requires>

“Early Retirement Scheme” means the scheme established

by article 16A of the Malta Dockyard Act<

“dockyard lease” means the lease granted under the Authority

of the Malta Dockyard Emergency Ordinance, by a deed dated

28th March, 1959, in the records of Notary Doctor Paul Pullicino,

as varied from time to time<

“Corporation” means Malta Drydocks, a corporation

established by the Malta Dockyard Act<

“Company” means the Malta Shipbuilding Company Ltd, a

company duly constituted and registered under the laws of Malta<

“Minister” means the Minister responsible for government

investments<

“transferee companies” means the Malta Shipyards Limited

and the Industrial Projects and Services Limited.

(1) With effect from the date of the coming into force of Transfer of

Assets and

this Article all assets whether in Malta or abroad including all assets of Liabilities.

the Corporation and of the Company leased under the dockyard lease,

all real or other rights under any contract, all monies due by any person

to the Corporation or the Company and all shares in or stocks of any

other bodies in or stocks of any other bodies held by them shall without

any further assurance other than this Act vest in the Government, and

all liabilities of the Corporation and of the Company including all

liabilities and obligations under the Early Retirement Scheme shall vest

and be due by the Government.

(2) All actions pending before any court or tribunal instituted

by or against the Corporation or the Company shall be continued by or

against such public officer in the name of the Government as the Minister

may by notice in the Gazette, from time to time, establish.

(3) With effect from the date next following the date referred

to in subarticle (1) hereof, the Company shall be dissolved, liquidated

and wound up without the need of any further formality other than this

Act.

(1) Notwithstanding the provisions of any other law all Employees of the

Corporation and the

persons in the employment of the Corporation and of the Company Company.

immediately before the coming into force of this article shall be

transferred to and become employees of one or other of the transferee

companies as established by this article.

(2) The transferee companies shall take on all the rights and

obligations which the Corporation or the Company had prior to the

transfer towards the employees transferred to them, and each of such

employees shall, for all intents and purpose of any law, be deemed to

have been in the employment of the respective transferee company,

since the date on which he took up the employment with the Corporation

or the Company, as the case may be.

(3) The transfer of the employees aforestated to each of the

transferee companies shall be made in accordance with the selection

made by the Corporation and the Company.

Notwithstanding the provisions of the Disposal of Government

of land to transferee

Land Act, the Government may under such title and subject to such

conditions as it may deem fit, transfer any land vested in the Government

under article 3 of this Act, and any other asset vested under the same

article to either of the transferee companies for any of the purposes of

the transferee companies or any body corporate established by law,

without any further authorisation other than this article>

Provided that the provisions of the Disposal of Government Land

Act shall upon such transfer continue to apply to such land as if its

transfer was authorised under the provisions thereof.

Without prejudice to anything lawfully done thereunder the

Malta Dockyard Emergency Ordinance, the Malta Dockyard

(Temporary Provision) Act, and the Malta Dockyard Act, are hereby

repealed.

Passed by the House of Representatives at Sitting No. 61 of the 21st November,

2003. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives