Legislator Case Law & Legislation
act_2005_13 MT

ACT No. XIII of 2005 An Act to amend various laws.

84 Articles / Provisions · Malta
Open official source Machine-readable Markdown (.md)

Table of Provisions (84)

Preamble Art. 1 Art. 2 Art. 3 Art. 4 Amendment of article 533 of the Code. Art. 5 Amendment of article 650 of the Code. Art. 6 Amendment of the Code of Organisation and Civil Procedure, Art. 7 Amendment of article 231 of the Code. Art. 8 Amendment of the Civil Code, Cap. 16. Art. 9 Amendment of article 251 of the Code. Art. 10 Art. 11 Art. 12 Art. 13 Art. 14 Art. 15 Art. 16 Amendment to the Notarial Profession and Notarial Archives Act, Cap. Art. 17 Amendment of article 22 of the principal Act. Art. 18 Amendment of article 40 of the principal Act. Art. 19 Amendment of Article 43 of the principal Act. Art. 20 Amendment of the Financial Administration and Audit Act, Cap. Art. 21 Addition of new article 72 to the principal Act. Art. 22 Art. 23 Art. 24 Art. 25 Art. 26 Amendment of article 8 of the principal Act. Art. 27 Amendment of article 11 of the principal Act. Art. 28 Addition of article 11A to the principal Act. Art. 29 Amendment of article 13 of the principal Act. Art. 30 Art. 31 Art. 32 Art. 33 Amendment of article 134 of the principal Act. Art. 33A Art. 34 Amendment of the Import Duties Act, Art. 35 Amendment of article 18A of the principal Act. Art. 36 Amendment of the Private Guards and Local Wardens Act, Art. 37 Art. 38 Art. 39 Art. 40 Art. 41 Art. 42 Amendment of article 21 of the principal Act. Art. 43 Amendment of article 24 of the principal Act. Art. 44 Amendment of article 32 of the principal Act. Art. 45 Amendment of article 37 of the principal Act. Art. 46 of Art. 47 Art. 48 of Art. 49 of Art. 50 Art. 51 Amendment of article 76 of the principal Act. Art. 52 Amendment of article 77 of the principal Act. Art. 53 Amendment of article 78 of the principal Act. Art. 54 Amendment of article 80 of the principal Act. Art. 55 Amendment of article 84 of the principal Act. Art. 56 Art. 57 Art. 58 Art. 59 of the Art. 60 of Art. 61 Art. 62 Art. 63 Amendment of article 2 of the principal Act. Art. 64 Amendment of article 33 of the principal Act. Art. 65 Amendment of article 36 of the principal Act. Art. 66 Amendment of the Refugees Act, Cap. Art. 67 Amendment of article 5 of the principal Act. Art. 68 Art. 69 Art. 70 Art. 71 Art. 72 Art. 73 Art. 74 Amendment of article 17 of the principal Act. Art. 75 Amendment of article 25 of the principal Act. Art. 76 Amendment of the Healthcare Professions Act, Art. 77 Amendment of article 29 of the principal Act. Art. 78 Amendment of article 30 of the principal Act. Art. 79 Art. 80 Art. 81 Amendment of article 23 of the principal Act. Art. 82 Amendment of article 27 of the principal Act.

Statutory Text (84 Articles)

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

I assent.

E DWARD F ENECH A DAMI

President

29th July, 2005

ACT No. XIII of 2005

An Act to amend various laws.

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>-

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

The short title of this Act is the Various Laws (Amendment) Short title.

Act, 2005.

PART I

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

(1) This part amends the Criminal Code and shall be read Amendment of the

Criminal Code,

and construed as one with the same Code, hereinafter in this Part referred Cap. 9.

to as “the Code”.

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

Minister responsible for justice may by notice in the Gazzette establish

and different dates may be so established for different provisions and

different purposes thereof.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Immediately after article 33 of the Code there shall be inserted Addition of new

article 33A to the

the following new article>

Code.

33A (1) Where an offence is committed by a person

who is a prisoner the punishment for the offence shall in case

of a conviction be increased by one or two degrees and the

provisions of articles 21 and 28 of the Probation Act shall not

apply.

(2) For the purposes of this article “prisoner” has

the same meaning assinged to it by article 2 of the Prisons

Act and includes a prisoner deemed to be confined in a prison

according to the provisions of subarticle (3) of article 3 of the

same Act.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In subarticle (1) of article 533 of the Code the words “and if a

request to that effect is made by the prosecutor” shall be deleted and

immediately after the words “of any expert or referee,” there shall be

added the words “including such experts as would have been appointed

in the examination of the process verbal of the inquiry,”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

For the proviso to subarticle (2) of article 650 of the Code

there shall be substituted the following>

“Provided that the Minister responsible for Jutice may, after

consultation with the Chief Justice, appoint one or more persons

as official experts for the purpose of reporting on matters required

by other provisions of this Code requiring special technical skill

or knowledge, and when such persons are appointed, the court

shall choose such experts from among those persons who may be

on a roster system.”.

PART II

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

This Part amends, and shall be read and construed as one with,

the Code of Organisation and Civil Procedure, hereinafter in this Part

referred to as “the Code”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In subarticle (1) of article 231 of the Code, immediately after

the words “within six days from such judgement” there shall be inserted

the words “and when such leave to appeal from such separate judgements

is granted the time for the filing of the appeal in respect thereof shall

commence to run from the day on which the said leave is read out in

open court”.

PART III

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

This Part amends, and shall be read and construed as one

with, the Civil Code, hereinafter in this Part referred to as “the Code”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Immediately after subarticle (3) of article 251 of the Code

there shall be added the following proviso>

“Provided that the words “illegitimate father” wherever

they occur in an act of civil status registered before the 1 st

March, 2005 shall not be reproduced in any copy or extract

of such act issued by the Directors mentioned in subarticle

(1) of this article, except as may be otherwise explicitly

ordered or authorised by a Court.”.

PART IV

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

This Part amends, and shall be read and construed as one Amendment of the

Addolorata

with, the Addolorata Cemetery Ordinance, hereinafter referred to in Cemetery

Ordinance, Cap. 18.

this Part as “the principal law”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Article 6 of the principal law shall be amended by substituting Amendment of

article 6 of the

paragraph (c) thereof as follows>

principal Act.

“(c) a wife or a husband may be buried in the grave of his

or her family, or in that of the respective spouse or of his or her

family.”.

PART V

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

This Part amends, and shall be read and construed as one Amendment of the

with, the Customs Ordinance, hereinafter referred to in this Part as “the Customs

principal law”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In article 18 of the principal law, for the words “a fine (multa) Amendment of

equivalent to the aggregate of the amount of duty payable on the goods article

principal Act.

contained in such package and double the value of such goods, or to

twenty-five liri, whichever is the greater”, there shall be substituted the

words “a fine (multa) equivalent to three times the amount of duty

payable on the goods contained in such package or two hundred and

fifty liri, whichever is the greater, so however that one third of the said

amount shall be considered as a civil debt owed and payable to the

department of customs”.

Amendment of

In article 62 of the principal law>

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

article 62 of the

principal Act.

(a) for the words “a fine (multa) equivalent to the aggregate

of the amount of duty payable on the goods and double the value

of the goods, or to a fine (multa) of twenty-five liri, whichever is

the greater”, there shall be substituted the words “a fine (multa)

equivalent to three times the amount of duty payable on the goods

or two hundred and fifty liri, whichever is the greater, so however

that one third of this amount shall be deemed as a civil debt owed

and payable to the department of customs, ”< and

(b) the second proviso thereof shall be deleted.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In article 63 of the principal law, the words “of small Amendment of

article 63 of the

importance” shall be deleted and immediately after the words “loss of principal Act.

customs duty” there shall be added the words “not exceeding five

hundred liri”.

PART VI

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

(1) This Part amends the Notarial Profession and Notarial

Archives Act and shall be read and construed as one with the same Act,

hereinafter in this Part referred to as “the principal Act”.

55. (2) This Part shall come into force on such date as the

Minister responsible for justice may by notice in the Gazzette establish

and different dates may be so established for different provisions and

different purposes thereof.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In subarticle (1) of article 22 of the principal Act, for the

words “one or two Notaries to Government” there shall be substituted

the words “one or more Notaries to Government”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

At the end of article 40 of the principal Act, there shall be

added the following proviso>

“Provided that, without prejudice to the rights already acquired

by third parties, the Minister may by regulations provide that a

notarial act duly enrolled having one or more of the defects

mentioned in paragraphs (a) to (g) of this article and which had

been received by a Notary who is no longer alive shall be deemed

to be valid notwithstanding such defect or defects, and in making

such regulations the Minister may also subject the said validity to

such terms and conditions as he may consider appropriate.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In article 43 of the principal Act, for the words “The execution

of an act is not deemed” there shall be substituted the words “Without

prejudice to anything that may be provided by regulations made in

accordance with the proviso to article 40, the execution of an act is not

deemed”.

PART VII

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

This Part amends, and shall be read and construed as one

with, the Financial Administration and Audit Act hereinafter in this

Part referred to as “the principal Act”.

174.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Immediately after article 71 of the principal Act, there shall

be added the following new article>

“72. (1) The Minister responsible for finance, or any

person, body or unit delegated on his behalf, may,

notwithstanding any other law, issue directives as provided

in subarticle (2) to any authority, board, foundation,

corporation, institute, agency, commission, company or any

other entity 51 per cent or more of which is held in ownership

by the Government or over which the Government has

effective control, or where 51 per cent of its income comes

from public monies or from monies it receives by virtue of

any law.

(2) The directives referred to in subarticle (1) may regulate>

(a) the recruitment of employees and, or their

remuneration<

(b) the procurement of fixed assets, services,

consultancies, contracts of whatever type or nature

relating to operational and, or administrative expenses,

and, where such directives are issued, the Board of Directors

or other Board responsible for the affairs of the entity shall

ensure that the decisions taken at Board and at management

level respect such directives.”.

PART VIII

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

This Part amends the Immigration Act and shall be read and Amendment of

Immigration Act,

construed as one with the same Act hereinafter in this Part referred to Cap. 217.

as “the principal Act”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In article 26 of the principal Act for the words “a public officer Amendment of

not below the rank of a Head of Department” there shall be substituted article

principal Act.

the words “another Minister, a public officer not below the rank of a

Head of Department, or a body corporate established by law,”.

PART IX

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

(1) This Part amends the Commissioners for Justice Act Amendment of the

Commssioners for

and shall be read and construed as one with the same Act hereinafter in Justice Act, Cap.

this Part referred to as “the principal Act”.

291. (2) This Part shall come into force on such date as the

Minister responsible for justice may by notice in the Gazzette establish

and different dates may be so established for different provisions and

different purposes thereof.

Article 7 of the principal Act shall be amended as follows>

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Amendment of

article 7 of the

principal Act.

(a) for the words “if a person duly served with a summons

fails to appear”, there shall be substituted the words “if a person

duly served with a summons or his representative as may be

authorised in writing by him, fails to appear”< and

(b) for the words “in the absence of the person charged.”

there shall be substituted the words “in the absence of the person

charged>

Provided that any person charged may instead of appearing

before the Commissioner send to the Registry of the Commissioners

representations in writing and, or a declaration on the facts of the

case confirmed on oath contesting the charge against him, and the

Commissioner shall, prior to deciding the case, take into account

such representations and, or a declaration as if they had been made

viva voce before him.”

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In article 8 of the principal Act immediately after the proviso

to the article there shall be added the following new proviso>

“Provided further that the person charged may instead of

appearing before the Commissioner, appoint in writing a

representative who shall for all intents and purposes of law be

deemed to have the same rights and obligations as a person charged

before the Commissioner.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In subarticle (1) of article 11 of the principal Act, for the

words “six working days”, there shall be substituted the words “thirty

days”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Immediately after article 11 of the principal Act, there shall

be added the following new article>

11A. (1) Any person who has been found guilty of

“Re-Trial.

an infringement under article 10 may apply to the Court of

Magistrates for a re-trial of his case on the ground that he

was never duly served with the charge according to law.

(2) Such application shall be filed within fifteen

days from the day such person acquired, or should have

reasonably be expected to have acquired, knowledge of the

decision against him.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Subarticle (1) of article 13 of the principal Act shall be

amended as follows>

(a) paragraphs (d) to (h) thereof shall be renumbered as

paragraphs (e) to (i) respectively<

(b) immediately after paragraph (c) thereof there shall be

added the following new paragraph>

“(d) for the establishment, after consultation with the

Local Councils Association, of a Board which shall be

competent to hear and decide requests which may be made

for the waiving or discontinuance of proceedings against any

person for any infringement before a Commsissioner for

Justice, or for remission of the penalty awarded, for any valid

reason under such conditions as may be prescribed<”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

The provisions of articles 25 to 29 (both inclusive) of this Transitory

Part shall also apply to any proceedings before the Commissioners for provision.

Justice which have not been finally determined in accordance with the

Commissioners for Justice Act.

PART X

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

(1) This Part shall be read, and construed as one with the Amendment to the

Social Security Act,

Social Security Act, hereinafter referred to as “the principal Act”.

(2) This Part shall come into force as follows>

(a) this article and article 32 shall come into force on the

1st March, 2005<

(b) article 33 shall be construed to have come into force on

the 1st May, 2004.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

For subarticle (5) of article 30 of the principal Act, there Amendment of

article 30 of the

shall be substituted the following>–

principal Act.

“(5) A head of household who>–

(a) is registered under Part Two of the Register kept

in accordance with the provisions of the Employment and

Training Services Act< or

(b) has in terms of article 13 (3) of the Employment

and Training Services Act, forfeited his right to register under

Part Two of the said Register,

and who, had he been registered under Part One of the said Register,

would have been entitled in accordance with this article to social

assistance, shall nonetheless be entitled to apply for social

assistance and have his application referred by the Director to the

Board established under article 128 of this Act, and if the Board

shall determine that social assistance is due to any person on behalf

of that household as provided in article 129 of this Act, then the

person so designated by the Board shall become entitled to social

assistance at such rate as the Board may, in accordance with the

provisions of the said article 129, determine>

Provided that, no such claim will be accepted unless the head

of household proves to the satisfaction of the Director, in such

manner as the Director may determine, that such head of household

is not gainfully occupied.”.

Article 134 of the principal Act shall be amended as follows>

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

(a) for the marginal note thereto there shall be substituted

the words “Reciprocal and multilateral agreements.”< and

(b) immediately after subarticle (2) there shall be added the

following new subarticle>

“(3) The Minister may make regulations to provide for

the transposition and implimentation of any directive or other

legal instrument of the European Union or of any decision of

the European Court of Justice on matters of social security.”.

PART XI

Gazzetta tal-Gvern ta' Malta — Att 2005 13 — ATT Nru. XIII ta’ l-2005 Att biex jemenda diversi li;ijiet IL-PRESIDENT bil-parir u l-kunsens tal-Kamra tad-Deputati, imlaqqg[a f’dan il-Parlament, u bl-awtorità ta’ l-istess, [are; b’li;i dan li ;ej>-

(1) Meta jsir xi reat minn persuna waqt li tkun

piena g[al

pri;unier il-piena g[al dak ir-reat fil-ka] ta’ sejbien ta’ [tija

reati li jsiru

minn

g[andha ti]died bi grad jew tnejn u d-disposizzjonijiet ta’ l-

pri;unieri.

artikoli 21 u 28A u ta’ l-Att dwar il-Probation ma g[andhomx

japplikaw.

(2) G[all-g[anijiet ta’ dan l-artikolu “pri;unier”

g[andha l-istess tifsira li ng[atatilha fl-artikolu 2 ta’ l-Att dwar

il-{abs u tinkludi pri;unier meqjus li hu mi]mum f’[abs

skond id-disposizzjonijiet tas-subartikolu (3) ta’ l-artikolu 3

ta’ l-istess Att.”.

4. Fis-subartikolu (1) ta’ l-artikolu 533 tal-Kodiçi, il-kliem “u

jekk il-prosekutur jag[mel talba g[aldaqshekk” g[andhom jit[assru u

minnufih wara l-kliem “esperti jew periti fil-proçeduri”, g[andhom

ji]diedu l-kliem “inklu]i dawk ta’ l-esperti li jkunu ;ew ma[tura fl-

istadju tal-proçess verbal ta’ l-inkjesta,”.

5. Minflok il-proviso mas-subartikolu (2) ta’ l-artikolu 650 tal-

Kodiçi g[andu jid[ol dan li ;ej>

“I]da l-Ministru responsabbli g[all-;ustizzja jista’, wara li

jikkonsulta mal-Prim Im[allef, ja[tar persuna wa[da jew i]jed

b[ala periti uffiçjali sabiex jag[tu l-fehma tag[hom fuq [wejje; li

jirrikjedu disposizzjonijiet o[ra ta’ dan il-Kodiçi u li jridu [ila,

teknika jew seng[a speçjali, u meta ji;u ma[tura dawn il-persuni,

il-qorti g[andha tag[]el il-periti minn fost dawk il-persuni fuq

sistema ta’ rota.”.

TAQSIMA II

6. Din it-Taqsima temenda u g[andha tinqara u tiftiehem b[ala

[a;a wa[da mal-Kodi/i ta’ Organizzazzjoni u Pro/edura ?ivili,

hawnhekk i]jed ’il quddiem f’din it-Taqsima msejja[ “il-Kodi/i”.

7. Fis-subartikolu (1) ta’ l-artikolu 231 tal-Kodi/i, minnufih wara

l-kliem “fi ]mien sitt ijiem minn dik is-sentenza” g[andhom jid[lu l-

kliem “u meta jing[ata dak il-permess biex isir appell minn dawk is-

sentenzi separati, i]-]mien biex ji;i pre]entat l-appell relattiv g[andu

jibda g[addej mill-jum minn meta jing[ata dak il-permess fil-qorti bil-

miftu[”.

TAQSIMA III

8. Din it-Taqsima temenda u g[andha tinqara u tiftiehem b[ala

[a;a wa[da mal-Kodi/i ?ivili, hawnhekk i]jed ’il quddiem f’din it-

Taqsima msejja[ “il-Kodi/i”.

9. Minnufih wara s-subartikolu (3) ta’ l-artikolu 251 tal-Kodiçi Emenda

artikolu 251 tal-

g[andu ji]died dan il-proviso li ;ej>

Kodi/i.

“I]da l-kliem “missier ille;ittimu” kull fejn dawn

jinsabu f’att ta’ stat /ivili re;istrat qabel l-1 ta’ Marzu, 2005

ma g[andhom ji;u riprodotti f’ebda kopja jew estratt ta’ dak

l-att ma[ru; mid-Diretturi msemmija fis-subartikolu (1) ta’

dan l-artikolu, [lief skond ma jista’ ji;i xort’o[ra espli/itament

ordnat jew awtorizzat mill-qorti.”.

TAQSIMA IV

10. Din it-Taqsima temenda u g[andha tinqara u tiftiehem b[ala Emenda ta’ l-

Ordinanza dwar iç-

[a;a wa[da ma’ l-Ordinanza dwar iç-?imiterju ta’ l-Addolorata, ?imiterju ta’ l-

hawnhekk i]jed ’il quddiem f’din it-Taqsima msej[a “il-li;i prinçipali.”. Addolorata, Kap.

18.

11. Artikolu 6 tal-li;i prinçipali g[andu ji;i emendat billi minflok Emenda ta’ l-

artikolu 6 tal-li;i

il-paragrafu (ç) tieg[u g[andu jid[ol dan li ;ej>

prinçipali.

“(ç) il-mara jew ir-ra;el jistg[u ji;u midfuna fil-qabar tal-

familja tieg[u jew tag[ha, jew f’dak ta’ wie[ed minnhom jew f’dak

tal-familja tieg[u jew tag[ha.”.

TAQSIMA V

12. Din it-Taqsima temenda u g[andha tinqara u tiftiehem b[ala Emenda ta’ l-

Ordinanza tad-

[a;a wa[da ma’ l-Ordinanza tad-Dwana, hawnhekk i]jed ’il quddiem Dwana, Kap. 37.

f’din it-Taqsima msej[a “il-li;i prin/ipali”.

13. Fl-artikolu 18 tal-li;i prin/ipali, minflok il-kliem “multa li Emenda ta’ l-

artikolu 18 tal-li;i

tkun daqs it-total meta jing[addu flimkien l-ammont ta’ dazju li jkollu prin/ipali.

jit[allas fuq l-o;;etti li jkunu jinsabu f’dak il-koll u d-doppju tal-valur

ta’ dawk l-o;;etti, jew ta’ [amsa u g[oxrin lira, skond liema tkun l-

akbar”, g[andhom jid[lu l-kliem “multa ekwivalenti g[al tliet darbiet

l-ammont ta’ dazju li g[andu jit[allas fuq l-o;;etti li jkunu jinsabu f’dak

il-koll jew mitejn u [amsin lira, skond liema jkun l-akbar, hekk li terz

minn dak l-ammont g[andu jitqies b[ala dejn /ivili addebitat u li jit[allas

lid-dipartiment tad-dwana”.

Emenda ta’ l-

Fl-artikolu 62 tal-li;i prin/ipali>

14. artikolu 62 tal-li;i

prin/ipali.

(a) minflok il-kliem “multa li tkun daqs it-total meta

jing[addu flimkien l-ammont tad-dazju li jkollu jit[allas fuq l-

o;;etti u d-doppju tal-valur ta’ l-o;;etti, jew multa ta’ [amsa u

g[oxrin lira, skond liema minnhom tkun l-akbar”, g[andhom jid[lu

l-kliem “multa ekwivalenti g[al tliet darbiet l-ammont ta’ dazju li

g[andu jit[allas fuq l-o;;etti jew mitejn u [amsin lira, skond liema

jkun l-akbar, hekk li terz minn dak l-ammont g[andu jitqies b[ala

dejn /ivili addebitat u li jit[allas lid-dipartiment tad-dwana”< u

(b) it-tieni proviso li hemm mieg[u g[andu jit[assar.

15. Fl-artikolu 63 tal-li;i prin/ipali, il-kliem “ta’ importanza

]g[ira” g[andhom jit[assru u minnufih wara l-kliem “telf ta’ dazju tad-

dwana” g[andhom ji]diedu l-kliem “ta’ mhux i]jed minn [ames mitt

lira”.

TAQSIMA VI

16. (1) Din it-Taqsima temenda l-Att dwar il-Professjoni

Nutarili u Arkivji Nutarili, u g[andha tinqara u tiftiehem b[ala [a;a

wa[da ma’ l-istess Att, hawnhekk i]jed ’il quddiem f’din it-Taqsima

msejja[ “l-Att prinçipali”.

(2) Din it-Taqsima g[andha tid[ol fis-se[[ f’dik id-data li

l-Ministru responsabbli mill-;ustizzja jista’ b’avvi] fil-Gazzetta

jistabbilixxi u jistg[u ji;u hekk stabbiliti dati differenti g[al

disposizzjonijiet differenti u g[anijiet differenti tat-Taqsima.

17. Fis-subartikolu (1) ta’ l-artikolu 22 ta’ l-Att prinçipali,

minflok il-kliem “Nutar tal-Gvern jew tnejn” g[andhom jid[lu l-kliem

“Nutar tal-Gvern wie[ed jew aktar”.

18. Fi tmiem ta’ l-artikolu 40 ta’ l-Att prinçipali, g[andu ji]died

dan il-proviso ;did li ;ej>–

“I]da, ming[ajr pre;udizzju g[ad-drittijiet di;à akkwi]iti

minn terzi, il-Ministru jista’ b’regolamenti jipprovdi att nutarili li

jkun ;ie insinwat kif imiss u li jkollu xi wie[ed jew i]jed mid-

difetti msemmija fil-paragrafi (a) sa (;) ta’ dan l-artikolu u li jkun

;ie riçevut minn nutar illi ma jkunx g[adu [aj, g[andu jitqies b[ala

wie[ed validu minkejja kull difett b[al dawk li jista’ jkollu, u meta

jkun qieg[ed jag[mel dawk ir-regolamenti l-Ministru jista’ wkoll

jasso;;etta dik il-validità g[al dawk il-pattijiet u l-kondizzjonijiet

b[alma jistg[u jidhrulu xierqa.”.

19. Fl-artikolu 43 ta’ l-Att prinçipali, minflok il-kliem “Ir-

riçeviment ta’ att ma jitqiesx” g[andhom jid[lu l-kliem “Ming[ajr

pre;udizzju g[al kull ma jista’ ji;i provdut b’regolamenti mag[mulin

skond il-proviso li hemm ma’ l-artikolu 40, ir-riçeviment ta’ att ma

jitqiesx”.

TAQSIMA VII

20. Din it-Taqsima temenda u g[andha tinqara u tiftiehem b[ala Emenda ta’ l-Att

dwar l-

[a;a wa[da ma’ l-Att dwar l-Amministrazzjoni Finanzjarja u l-Verifika, Amministrazzjoni

hawnhekk i]jed ’il quddiem f’din it-Taqsima msejja[ “l-Att Finanzjarja

Verifika, Kap. 174.

prin/ipali”.

21. Minnufih wara l-artikolu 71 ta’ l-Att prin/ipali, g[andu }ieda ta’ artikolu 72

;did ma’ l-Att

ji]died dan l-artikolu ;did li ;ej>

prinçipali.

“72. (1) Il-Ministru responsabbli g[all-finanzi, jew

kull persuna, korp jew unità delegati f’ismu, jistg[u,

minkejja kull li;i o[ra, jo[ro; direttivi kif provdut fis-

subartikolu (2) lil kull awtorità, bord, fondazzjoni,

korporazzjoni, istitut, a;enzija, kummissjoni, kumpannija

jew entità o[ra li 51 fil-mija jew i]jed minnha tkun

mi]muma bi proprjetà mill-Gvern jew li fuqha l-Gvern

ikollu kontroll effettiv, jew meta 51 fil-mija mill-qlieg[

relattiv jinkiseb minn flejjes pubbli/i jew minn flejjes li

ji;u ri/evuti bis-sa[[a ta’ xi li;i.

(2) Id-direttivi msemmija fis-subartikolu (1)

jistg[u jirregolaw>

(a) ir-rekluta;; ta’ impjegati u, jew ir-

rimunerazzjoni li jir/ievu<

(b) il-ksib ta’ attiv fiss, servizzi, konsulenzi,

kuntratti ta’ liema tip jew xorta jkunu sakemm

ikollhom x’jaqsmu ma’ l-ispejje] operattivi u, jew

spejje] amministrattivi,

u, meta jin[ar;u dawk id-direttivi, il-Bord tad-Diretturi jew

xi Bord ie[or responsabbli g[all-affarijiet ta’ l-entità

g[andu ji]gura li d-de/i]jonijiet li jittie[du mill-Bord jew

mit-tmexxija mani;erjali, ikunu jirrispettaw dawk id-

direttivi.”.

TAQSIMA VIII

22. Din it-Taqsima temenda l-Att dwar l-Immigrazzjoni, u Emenda ta’

l-Att dwar

g[andha tinqara u tiftiehem b[ala [a;a wa[da ma’ l-istess Att, hawnhekk l-Immigrazzjoni,

i]jed ’il quddiem f’din it-Taqsima imsejja[ “l-Att prinçipali.”

23. Fl-artikolu 26 ta’ l-Att prinçipali, minflok il-kliem “lil uffiçjal Emenda ta’

l-artikolu 26

pubbliku mhux ta[t il-grad ta’ Kap ta’ Dipartiment” g[andhom jid[lu l-kliem ta’ l-Att prinçipali.

“lil xi Ministru ie[or, uffiçjal pubbliku mhux ta[t il-grad ta’ Kap ta’

Dipartiment, jew lil xi korp mag[qud stabbilit bil-li;i,”.

TAQSIMA IX

24. (1) Din it-Taqsima temenda l-Att dwar il-Kummissarji

g[all-:ustizzja, u g[andha tinqara u tiftiehem b[ala [a;a wa[da ma’ l-

istess Att, hawnhekk i]jed ’il quddiem f’din it-Taqsima msejja[ “l-Att

prinçipali”.

(2) Din it-Taqsima g[andha tid[ol fis-se[[ f’dik id-data li

l-Ministru responsabbli g[all-;ustizzja jista’ b’avvi] fil-Gazzetta

jistabbilixxi u jistg[u ji;u hekk stabbiliti dati differenti g[al

disposizzjonijiet differenti u g[anijiet differenti tat-Taqsima.

L-artikolu 7 ta’ l-Att prinçipali g[andu ji;i emendat kif ;ej>

25. (a) minflok il-kliem “jekk xi persuna li ti;i notifikata kif

imiss b’ta[rika tonqos li tidher” g[andhom jid[lu l-kliem “jekk

persuna li ti;i notifikata kif imiss b’ta[rika, jew ir-rappre]entant

tag[ha kif jista’ jkun minnha awtorizzat bil-miktub, tonqos milli

tidher”< u

(b) minflok il-kliem “fin-nuqqas tal-persuna akku]ata.”

g[andhom jid[lu l-kliem “fin-nuqqas tal-persuna akku]ata>

I]da persuna akku]ata tista’ tag[]el li minflok ma tidher

quddiem il-Kummissarju tibg[at fir-Re;istru tal-Kummissarji

sottomissjonijiet bil-miktub u, jew dikjarazzjoni dwar il-fatti tal-

ka] konfermata bil-;urament li fihom tikkontesta l-akku]a li ssir

kontriha, u l-Kummissarju, qabel ma jiddeçiedi l-ka], g[andu jie[u

in konsiderazzjoni dawk is-sottomissjonijiet u, jew dikjarazzjoni

daqslikieku dawn ikunu saru quddiemu viva voce.”.

26. Fl-artikolu 8 ta’ l-Att prinçipali minnufih wara l-proviso li

hemm ma’ l-artikolu g[andu ji]died dan il-proviso ;did li ;ej>

“I]da wkoll persuna akku]ata tista’, minflok ma tidher

quddiem il-Kummissarju, ta[tar bil-miktub rappre]entant tag[ha

li g[all-finijiet u l-effetti kollha tal-li;i jitqies li jkollu l-istess

drittijiet u obbligazzjonijiet b[alma jkollha persuna li ti;i akku]ata

quddiem il-Kummissarju.”.

27. Fis-subartikolu (1) ta’ l-artikolu 11 ta’ l-Att prinçipali,

minflok il-kliem “sitt ijiem tax-xog[ol mill-jum” g[andha tid[ol il-kelma

“tletin ;urnata mill-jum”.

28. Minnufih wara l-artikolu 11 ta’ l-Att prinçipali g[andu jid[ol }ieda

l-artikolu 11A

dan l-artikolu ;did li ;ej>

ma’ l-Att prinçipali.

11A. (1) Kull persuna li tinstab [atja ta’ ksur ta[t l-

“Ritrattazzjoni.

artikolu 10 tista’ b’rikors titlob lill-Qorti tal-Ma;istrati li ssir

ritrattazzjoni ta’ dak il-ka] min[abba f’li ma tkun ;iet qatt

notifikata kif imiss bl-akku]a kontriha skond il-li;i.

(2) Dak ir-rikors g[andu ji;i ppre]entat fi ]mien

[mistax-il jum minn meta dik il-persuna tkun saret taf, jew

ra;onevolment kienet mistennija li ssir taf, bid-deçi]joni

kontriha.”.

29. Is-subartikolu (1) ta’ l-artikolu 13 ta’ l-Att prinçipali g[andu Emenda ta’

l-artikolu 13

ji;i emendat kif ;ej>

ta’ l-Att prinçipali.

(a) il-paragrafi (d) sa (h) tieg[u g[andhom ji;u enumerati

mill-;did b[ala l-paragrafi (e) sa (i) rispettivament<

(b) minnufih wara l-paragrafu (ç) tieg[u g[andu jid[ol il-

paragrafu (d) ;did li ;ej>

“(d) li jistabbilixxu, wara konsultazzjoni ma’ l-

Assoçjazzjoni tal-Kunsillli Lokali, Bord li jkollu l-kompetenza

li jisma’ u jiddeçiedi talbiet li jsirulu biex ma jinbdewx jew

biex jieqfu proçeduri quddiem Kummissarju tal-:ustizzja

kontra persuna dwar xi ksur, jew biex ti;i ma[fura l-piena

mog[tija, g[al ra;unijiet validi ta[t dawk il-kundizzjonijiet

li jistg[u ji;u stabbiliti<”.

30. Id-disposizzjonijiet ta’ l-artikoli 25 sa 29 (it-tnejn inklu]i) Disposizzjoni

transitorja.

ta’ din it-Taqsima japplikaw ukoll g[al proçeduri quddiem il-

Kummissarji tal-:ustizzja li g[adhom ma ;ewx deçi]i b’mod finali

skond il-provvedimenti ta’ l-Att dwar il-Kummissarji tal-:ustizzja.

TAQSIMA X

31. (1) Din it-Taqsima g[andha tinqara u tiftiehem b[ala [a;a Emenda ta’ l-Att

dwar is-Sigurtà

wa[da ma’ l-Att dwar is-Sigurtà Soçjali, hawn i]jed ’il quddiem imsejja[ Soçjali, Kap. 318.

“l-Att prinçipali”.

(2) Din it-Taqsima g[andha tid[ol fis-se[[ kif ;ej>

(a) dan l-artikolu u l-artikolu 32 g[andhom jitqiesu li da[lu

fis-se[[ fl-1 ta’ Marzu, 2005<

(b) l-artikolu 33 g[andu jitqies li da[al fis-se[[ fl-1 ta’

Mejju, 2004.

32. Minflok is-subartikolu (5) ta’ l-artikolu 30 ta’ l-Att prinçipali,

g[andu jid[ol dan li ;ej>–

“(5) Kap ta familja li jkun –

(a) re;istrat ta[t it-Tieni Taqsima tar-Re;istru mi]mum

skond id-disposizzjonijiet ta’ l-Att dwar is-Servizzi ta’ Impieg

u Ta[ri;< jew

(b) skond id-disposizzjonijiet ta’ l-artikolu 13 (3) ta’

l-Att dwar is-Servizzi ta’ Impieg u Ta[ri;, tilef id-dritt li jkun

re;istrat ta[t it-Tieni Taqsima tar-Re;istru msemmi,

u li, li kieku kien re;istrat ta[t l-Ewwel Taqsima ta’ l-imsemmi

Re;istru kien ikun intitolat, skond dan l-artikolu g[al g[ajnuna

soçjali, g[andu, minkejja dan ikun intitolat biex japplika g[al

g[ajnuna soçjali u jkollu l-applikazzjoni tieg[u mg[oddija mid-

Direttur lill-Bord imwaqqaf ta[t l-artikolu 128 ta’ dan l-Att, u jekk

il-Bord jiddeçiedi li g[ajnuna soçjali hi dovuta lil xi persuna f’isem

dik il-familja kif provdut fl-artikolu 129 ta’ dan l-Att, allura l-

persuna hekk ma[tura mill-Bord tkun intitolata g[al g[ajnuna

soçjali b’dik ir-rata li l-Bord jista’ jiddeçiedi, skond id-

disposizzjonijiet ta’ l-istess artikolu 129>

I]da ebda talba b[al dik ma tkun aççettata kemm-il darba l-

kap tal-familja ma j;ibx prova g[as-sodisfazzjon tad-Direttur,

skond ma’ d-Direttur jista’ xort’o[ra jiddeçiedi, li dak il-kap tal-

familja ma jkunx qieg[ed ja[dem bi qlig[.”.

33. L-artikolu 134 ta’ l-Att prinçipali g[andu ji;i emendat kif

;ej>–

(a) minflok in-nota mar;inali li hemm mieg[u g[andhom

jid[lu l-kliem “Pattijiet ta’ ftehim reçiproçi u multilaterali.”< u

(b) minnufih wara s-subartikolu (2) g[andu jid[ol dan is-

subartikolu ;did li ;ej>

“(3) Il-Ministru jista’ jag[mel regolamenti biex

jipprovdi dwar it-trasposizzjoni u l-implimentazzjoni ta’ kull

direttiva jew strument legali ie[or ta’ l-Unjoni Ewropea jew

dwar kull deçi]joni tal-Qorti Ewropea tal-:ustizzja fil-qasam

tas-sigurtà soçjali.”.

TAQSIMA XI

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

This Part amends, and shall be read and construed as one

with, the Import Duties Act, hereinafter referred to in this Part as “the

principal Act”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In subarticle 18A (5) of the principal Act, immediately after

the words “under this article,” there shall be inserted the words “and

where the duty endangered does not exceed five hundred liri,”.

PART XII

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

(1) This Part amends the Private Guards and Local Wardens

Act, and shall be read and construed as one with the same Act, hereinafter

referred to as “the principal Act”.

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

Minister responsible for home affairs may by notice in the Gazzette

establish and different dates may be so established for different

provisions and different purposes thereof.

Amendment of

Article 2 of the principal Act shall be amended as follows>

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

article 2 of the

principal Act.

(a) in the definition “local warden services” for the words

“provision of similar services” there shall be substituted the words

“provision of similar services whether by uniformed or plain clothes

local wardens”< and

(b) immediately after the definition “Minister” there shall

be added the following definition>

“ “plain clothes local warden” means a local warden

without uniform whose services are rendered in the provision

of specific duties, or parts of legislation, which are listed in

the First Schedule to this Act.”.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Immediately after article 19 of the principal Act there shall Addition of article

19A to the principal

be added the following new article.

Act.

“Plain clothes

19A. A plain clothes local warden shall only be entitled

to

enforce

the provisions of legislation listed in the First

wardens.

Schedule to this Act, which schedule may be amended by

virtue of a notice made by the Minister.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Immediately after article 25 of the principal Act, there shall Adition of First

Schedule to the Act.

be added the following schedule>–

“FIRST SCHEDULE

(Article 19A)

Laws or Regulations which may be enforced by Plain

Clothes Local Wardens

Abandonment, Dumping and Disposal of Waste in Streets and

Public Places or Areas Regulations, 2005.”.

PART XIII

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

This Part amends, and shall be read and construed as one Amendment of the

with, the Value Added Tax Act, 1998, hereinafter in this Part referred Value

Act, Cap. 406.

to as “the principal Act”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Subarticle (4) of article 15 of the principal Act shall be deleted Amendment of

and subarticle (5) thereof shall be renumbered as subarticle (4) thereof. article

principal Act.

Article 21 of the principal Act shall be amended as follows>

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

(a) in subarticle (3) of article 21 thereof, for the words “of

the month following that during which he is required to deliver the

notice specified in article 15(4)” there shall be substituted the words

“of the second month next following either the date of invoice or

of the month during which the consignment or the supply of services

is received, as the case may be, whichever is the earlier”< and

(b) in subarticle (4) thereof, for the words “as may be

prescribed.” there shall be substituted the words “as may be

prescribed>” and immediately thereafter there shall be inserted the

following proviso>

“Provided that the running of interest on any amount of

tax due which is the merit of an appeal before the Board of

Appeal, shall be suspended for the period that exceeds two

months from the date of the last sitting of the Board of Appeal

relating to such appeal and the date when a decision is given

by the Board or a final judgement is delivered by the Court of

Appeal (Inferior Jurisdiction), as the case may be.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In subarticle (3) of article 24 of the principal Act, for the

words “that person by the Commissioner.” there shall be substituted

the words “that person by the Commissioner>” and immediately

thereafter there shall be inserted the following proviso>

“Provided that no interest shall be due for any period

during which such person fails to produce information and,

or documentation as may be requested by the Commissioner,

for the verification of the amount claimed.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In subarticle (1) of article 32 of the principal Act, immediately

after the words “from the end of the said tax period” there shall be

inserted the words “or from the date in which the tax return for that tax

period is submitted, whichever date is the later”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Immediately after subarticle (3) of article 37 of the principal

Act, there shall be inserted the following new sub-article>

“(4) Where, during the course of an investigation, a

person co-operates with the Commissioner, accepts an

agreement and within one month from the signing of the

agreement pays the amount of tax due, the agreed

administrative penalty and the interest due, that person shall

be liable to an administrative penalty in an amount equivalent

to 10 per cent of the amount of tax due.”.

Article 38 of the principal Act shall be amended as follows> Amendment

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

article 38 of the

principal Act.

(a) in subarticle (1) thereof, for the words “it is furnished

to the Commissioner.” there shall be substituted the words “ it is

furnished to the Commissioner>” and immediately thereafter there

shall be inserted the following proviso>

“Provided that such administrative penalty shall in no

case exceed two hundred and fifty liri for every return

submitted late.”< and

(b) in subarticle (2) thereof, for the words “it is furnished

to the Commissioner.” there shall be substituted the words “ it is

furnished to the Commissioner>” and immediately thereafter there

shall be inserted the following proviso>

“Provided that such administrative penalty shall in no

case exceed two hundred and fifty liri for each such declaration

or statement.”

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In subarticle (3) of article 39 of the principal Act, for the Amendment of

article 39 of the

words “given to the Commissioner.” there shall be substituted the words principal Act.

“given to the Commissioner>” and immediately thereafter there shall

be inserted the following proviso>

“Provided that such administrative penalty shall in no

case exceed two hundred and fifty liri for each such notice.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In article 40 of the principal Act, for the words “cancelled by Amendment

article 40 of the

the Commissioner.” there shall be substituted the words “cancelled by principal Act.

the Commissioner>” and immediately thereafter there shall be added

the following proviso>

“Provided that such administrative penalty shall in no

case exceed five hundred liri.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In article 42 of the principal Act, for the words Amendment

article 42 of the

“administrative penalty” there shall be substituted the words principal Act.

“administrative penalty, in whole or in part,”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Immediately at the end of subarticle (2) of article 59 of the Amendment of

article 59 of the

principal Act there shall be added the words “Upon the lapse of the principal Act.

period of two days mentioned in this sub-article the Commissioner shall

be entitled to register in the public registry or land registry, as the case

may be, a note of privilege for the amount demanded in the judicial act

which note of privilege shall be registered by any advocate or notary.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In article 76 of the principal Act, for the words “not less than

one hundred liri and not exceeding three hundred liri” there shall be

substituted the words “not less than three hundred liri and not exceeding

one thousand five hundred liri”.

Article 77 of the principal Act, shall be amended as follows>

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

(a) immediately after paragraph (n) there shall be added the

following new paragraph>

“(o) supplies or offers to supply to another person and,

or puts up for sale goods, without being in possession of a

fiscal cash register or manual fiscal receipt books as issued

or approved by the Commissioner,”< and

(b) for the words “not less than one hundred and fifty liri

and not exceeding one thousand liri” there shall be substituted the

words “not less than three hundred liri and not exceeding one

thousand five hundred liri”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Article 78 of the principal Act shall be amended as

follows>

(a) in subarticle (1) thereof, for the words “be less than

three hundred liri” there shall be substituted the words “be less

than five hundred liri”< and

(b) in subarticle (2) thereof, immediately after the words

“on the latest of the said convictions” there shall be added the

words “ impose a fine (multa) of not less than one thousand liri”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In subarticle (1) of article 80 of the principal Act, for the

words from “to the aggregate of the amount of tax” to the words

“whichever shall be the greater” there shall be substituted the words “to

three times the tax payable or to a fine (multa) of one hundred and fifty

liri, whichever shall be the greater, so however that one third of the said

amount shall be deemed as a civil debt due to the Commissioner”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In subarticle (3) of article 84 of the principal Act, immediately

after the words “against the provisions” there shall be inserted the words

“of paragraph (b) of article 76 or”, and for the words from “a fine (multa)

of fifty liri” to the words “within fifteen days” there shall be substituted

the words “one hundred liri in the case of a first offence, two hundred

liri in the case of a second offence and four hundred liri in the case of a

third offence, within fifteen days”.

PART XIV

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

This Part amends the Value Added Tax Act, 1994, and shall Amendment of the

Value Added Tax

be read and construed as one with the Value Added Tax Act, hereinafter Act, 1994, Act No.

referred to in this Part as “the principal Act”.

XII of 1994.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In subarticle (1) of article 29 of the principal Act, immediately Amendment of

article 29 of the

after the words “from the end of the said tax period” there shall be principal Act.

inserted the words “or from the date in which the tax return for that tax

period is submitted, whichever date is the later”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Immediately at the end of subarticle (2) of article 48 of the Amendment of

article 48 of the

principal Act, there shall be added the words “Upon the lapse of the principal Act.

period of two days mentioned in this sub-article the Commissioner shall

be entitled to register in the public registry or land registry, as the case

may be, a note of privilege for the amount demanded in the judicial act

which note of privilege shall be registered by any advocate or notary.”.

PART XV

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

This Part amends, and shall be read and construed as one Amendment

Customs and Excise

with, the Customs and Excise Tax Act, 1997, hereinafter referred to in Tax Act, 1997, Act

No. XII of 1997.

this part as “the principal Act”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In subarticle (1) of article 45 of the principal regulations, for Amendment

article 45 of the

the words “in respect of which the return was or should have been principal Act.

furnished.” there shall be substituted the words “or six years from the

date when the return is furnished for that tax period, whichever date is

the later.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Immediately at the end of subarticle (2) of article 50 of the Amendment of

article 50 of the

principal Act, there shall be added the words “Upon the lapse of the principal Act.

period of two days mentioned in this sub-article the Director shall be

entitled to register in the public registry or land registry, as the case

may be, a note of privilege for the amount demanded in the judicial act

which note of privilege shall be registered by any advocate or notary.”.

PART XVI

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

(1) This Part amends the Malta Communications Authority Amendment of the

Act, and it shall be read and construed as one with the Malta Malta

Communications

Communications Authority Act, hereinafter in this Part referred to as Authority Act, Cap.

418. “the principal Act”.

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

Minister responsible for communications may by notice in the Gazette

appoint and different dates may be so appointed for different provisions

and different purposes thereof.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In article 2 of the principal Act in the definition “decision”,

for the words “includes any determination, direction,” there shall be

substituted the words “includes any determination, direction, licence

condition,”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In sub-article (1) of article 33 of the principal Act, for the

words “the lapse” there shall be substituted the words “the beginning”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In paragraph (b) of sub-article (2) of article 36 of the principal

Act, the words “from amongst panels of persons” there shall be

substituted the words “from amongst a panel of persons”.

PART XVII

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

(1) This Part amends the Refugees Act and shall be read

and construed as one with such Act hereinafter referred to as “the

420. principal Act.”

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

Minister responsible for immigration may by notice in the Gazette

establish, and different dates may be so established for different

provisions and different purposes thereof.

Article 5 of the principal Act shall be amended as follows>

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

(a) in subarticle (1) thereof, for the words “consist of a

chairperson and two other members” there shall be substituted the words

“consist of one Appeals Commissioner”, and the proviso thereto shall

be deleted<

(b) in subarticle (2) thereof, for the words “The members of the

Board” shall there be substituted the words “The Appeals

Commissioner”<

(c) for subarticle (3) thereof there shall be substituted the

following>

“(3) The Minister may also appoint a substitute appeal

commissioner to sit on the Board whenever the Appeals

Commissioner is for some valid reason unable temporarily to

attend and participate in the sittings of the Board.”<

(d) in sub-paragraph (c) of subarticle (4) thereof, for the

words “composed of a chairperson and two other members” there

shall be substituted the words “composed of an Appeals

Commissioner”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In article 6 of the principal Act for the words “a member of Amendment of

article 6 of the

the Board” wherever they occur there shall be substituted the words principal Act.

“an Appeals Commissioner”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In subarticle (8) of article 7 of the principal Act for the Amendment of

words “the Chairperson” there shall be substituted the words “the article

principal Act.

Appeals Commissioner”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

In article 18 of the principal Act the words “the Chairman of Amendment of

article 18 of the

the Refugee Appeals Board” wherever they occur, shall be substituted principal Act.

with the words “the Appeals Commissioner”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

The provisions of articles 67 to 70 (both inclusive) of this Transitory

provision.

Part shall also apply to proceedings which are pending before the

Refugee Appeals Board, as constituted prior to the coming into force of

this Act or any chamber thereof, which have not been finally determined

in accordance with the Refugees Act< so however that the Minister may

make regulations in order to assign any pending appeal applications

which have already been filed before the coming into force of this Act

to different chambers of the Board presided over by different Appeal

commissioners.

PART XVIII

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

(1) This Part amends, and shall be read and construed as Amendment of the

Electronic

one with, the Electronic Commerce Act, hereinafter in this Part referred Commerce Act,

to as “the principal Act”.

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

Minister responsible for communications may by notice in the Gazette

appoint and different dates may be so appointed for different provisions

and different purposes thereof.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Article 2 of the principal Act shall be amended as follows>

Amendment of

article 2 of the

principal Act.

(a) immediately before the definition “addressee” there shall

be inserted the following new definition>

“ “the Act ” means the Electronic Commerce Act and

includes, unless the context otherwise requires, any

regulations made thereunder<”< and

(b) in the definition “competent authority” for the words

“in terms of article 17” there shall be substituted the words “in

terms of subarticle (3) of article 25”.

Article 17 of the principal Act shall be amended as follows>

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

(a)

subarticle (1) thereof shall be deleted<

(b) subarticle (2) thereof shall be renumbered as the whole

article< and

(c) for the words “The Minister may prescribe on any of

the following matters-” there shall be substituted the words “The

Minister may, in the context of the supervision of signature

certification service providers established in Malta, prescribe on

any of the following matters-”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

After subarticle (2) of article 25 of the principal Act there

shall be added the following new subarticle>

“(3) The Minister shall by Order designate a competent

authority which shall be responsible for monitoring and

ensuring compliance with the provisions of this Act and for

the undertaking of any such other functions as the Minister

may from time to time consider necessary.”.

PART XIX

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

This Part amends and shall be read and construed as one

with the Healthcare Professions Act, hereinafter referre to in tis Part as

“the principal Act.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Immediately after subarticle (1) of article 29 of the principal

Act, there shall be inserted the following proviso>

“Provided that a dentist shall be entitled to practice in all fields

of dentistry insofar as he holds a licence issued for that purpose by

the President of Malta and his name is entered in the Councils

Principal Register of Dental Surgeons.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Article 30 of the principal Act shall be amended by

substituting for sub-paragraph (i) of paragraph (a) of subarticle (6) the

following>–

“(i) to issue certificates of completion of specialist training

in the specialities listed in the relevant part of the Fifth Schedule,

upon the fulfillment of criteria recommended by the relevant

professional associations listed in the Fourth Schedule within three

months form the date of receipt of the application or from the day

any documentation which the Committee may request, whichever

is the later<”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

For article 44 of the principal Act there shall be substituted Substitution of

article 44 of the

the following>–

principal Act.

“44. Where a citizen of a Member State, who holds a

diploma, certificate or other evidence of formal qualificaiton

obtained outside the European Union which has been recognised

by a Member State and who has acquired experience in a Member

State or third countries which has also been recognised in a Member

Sate, applies to be registered under this Act, the relevant Council

shall within three months from the day the request is received, or

from the day the documentation referred to has been fully

submitted, whichever is the later, examine such diploma, certificate

or other evidence of formal qualification before recognising it,

and shall forthwith inform the applicant of its decision by registered

post.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Article 49 of the principal Act shall be amended by substituting Amendment of

article 49 of the

subarticle (3) with the following>

principal Act.

“(3) The Appeals Committee shall have the following

functions>

(a) upon an application to this effect by the person

concerned, to hear and decide upon a decision of the relevant

Council whereby registration of a healthcare professional in

the apropriate register is refused<

(b) upon an application to this effect by the person

concerned, to hear and decide upon a decision of the relevant

Specialist Accreditation Commmittee whereby the award of a

specialist certificate to a healthcare professional is refused<

(c) upon an application to this effect by the person

concerned, aggrieved by a default of the relevant Council to

decide upon an application for registration, within the time

referred to in article 42<

(d) to levy such fees as may be prescribed.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Article 23 of the principal Act shall be amended by adding

immediately after subarticle (3) thereof the following new subarticle>

“(4) Notwithstanding the provisions of subarticle (1), the

Council for Nurses and Midwives shall keep a register in which,

following an applicaiton to that effect by the person concerned,

these shall be registered for a period not exceeding one year the

names of any citizen of Malta or of a Member State who has

qualified for the qualificaitons listed in paragraphs (a) or (b) or (c)

or, subject to the provisions of subarticle (2), in paragraph (d), but

has not yet obtained such qualification.”.

Malta Government Gazette — Act 2005 13 — ACT No. XIII of 2005 An Act to amend various laws.

Article 27 of the principal Act shall be amended by

substituting for subarticle (1) thereof the following>

“(1) Where a citizen of a Member State, who holds a

diploma, certificate or other evidence of formal qualification

obtained outside the European Union which has been recognised

by a Member State and who has acquired experience in a Member

State or third countries which has also been recognised in a Member

State, applies to be registered under this Act, the relevant Council

shall within three months from the day the request is received, or

from the day the documentation referred to has been fully

submitted, whichever is the later, examine such diploma, certificate

or other evidence of formal qualificaiton before recognising it,

and shall forthwith inform the applicant of its decision by registered

post.”.

Passed by the House of Representatives at Sitting No. 292 of 18th July, 2005.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →