ACT No. V of 2007 AN ACT to provide for Administrative Justice in Malta.

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

20th April, 2007

ACT No. V of 2007

AN ACT to provide for Administrative Justice in Malta.

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 Administrative Short title and

commencement.

Justice Act, 2007.

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

may, by notice in the Gazette appoint and different dates may be so

appointed for different provisions and different purposes of this Act.

(3) A notice under subarticle (2) may make such transitional

provisions as appear to the Minister to be necessary or expedient in

connection with the provisions thereby brought into force.

PART I

Preliminary Provisions

[Article 4]

List of Administrative Tribunals Respecting the Principle of Good Administrative

Behaviour

Part A – Primary Legislation

Chapter

Name of Law

Provision

Name of Administrative

Number

Number

Tribunal

Marriage Legacies Act

Commission

Lepers Ordinance

2(8)

Board

Reletting of Urban Property

Rent Regulation Board

(Regulation) Ordinance

Utilities & Services (Regulation

Refers to the Communications

of certain works) Act

Appeal Board established by

the Malta Communications

Authority Act

Agricultural

Produce

(Export)

Board of Reference (set up

Ordinance

under subsidiary legislation

SL 85.01 regulation 27)

Land Acquisition Public purposes

Land Arbitration Board

Ordinance

Department

of

Health

General Services Board

(Constitution) Ordinance

Developed

Land

Valuations

Board

of

Special

Ordinance

Commissioners

for

Land

Valuation

Supplies & Services Act

3(1) (e)

Boards or Tribunals set up

under subsidiary legislation to

take cognisance of offences

Housing Act

8(6) and

Refers to Rent Regulation

12(1)

Board

Police Act

Police Board

Port Workers Ordinance

Ports Disputes Board

Enemy Properties Act

Board of Custodians

Agriculture Leases (Reletting)

Rural Leases Control Board

Act

Chapter

Name of Law

Provision

Name of Administrative

Number

Number

Tribunal

Central Bank of Malta Act

36A

Financial Services Tribunal

Disabled Persons Employment

Appeal to the ‘authority’ set

Act

up

under

subsidiary

legislation.

Public Transport (Regulation of

Public Transport Labour Board

Employment) Act

established by article 30 of the

Malta Transport Authority Act

Immigration Act

25A

Immigration Appeals Board

Civil Aviation (Air Operators

Aviations Safety Board

Certificate) Act

Post Office Act

Communications

Appeals

Board

Mental Health Act

Mental

Health

Review

Tribunal

Building (Price Control) Act

Building

Control

Tribunal

Commissioners for Justice Act

Commissioners for Justice

Partition of Inheritances Act

Partition

of

Inheritances

Tribunal

Social Security Act

Umpire

Business Promotion Act

Appeals Board

Education Act

Scholastic Tribunal

Malta

Financial

Services

Financial Services Tribunal

Authority Act

Trusts and Trustees Act

Financial Services Tribunal

Malta Transport Authority Act

Public Transport Labour Board

Malta Freeports Act

29(2)

Appeals Board constituted

under article 28 of the

Business Promotion Act

Import Duties Act

Customs Valuations Appeals

Board

Employment & Training Services

National

Employment

Act

Authority

Financial Markets Act

Financial Services Tribunal

Chapter

Name of Law

Provision

Name of Administrative

Number

Number

Tribunal

Development Planning Act

Planning Appeals Board

Duty on Documents & Transfers

Board

of

Special

Act

Commissioners for Duty on

Documents & Transfers

Investment Services Act

Financial Services Tribunal

Banking Act

Financial Services Tribunal

Income Tax Management Act

Board

of

Special

Commissioners for income tax

purposes

Financial Institutions Act

Financial Services Tribunal

Consumer Affairs Act

Consumer Claims Tribunal

Competition Act

Commission for Fair Trading

Small Claims Tribunal Act

Small Claims Tribunal

Controlled

Companies

Appeals Board

(Procedures for Liquidations) Act

Customs and Excise Tax Act

Excise Tax Tribunal

Telecommunications Regulations

Communications

Appeals

Act

Board

Insurance Business Act

Financial Services Tribunal

Value Added Tax Act

Value Added Tax Appeals

Board

Malta Travel & Tourism Services

Tourism Appeals Board

Act

Refugees Act

Refugees Appeals Board

Malta Resources Authority Act

Resources Appeals Board

Occupational Health & Safety

Occupational

Health

and

Authority Act

Safety Appeals Board

Environment Protection Act

Appeal to the Planning

Appeals Board est. under Cap.

Wine Act

Appeals Board

Data Protection Act

Data

Protection

Appeals

Tribunal

Chapter

Name of Law

Provision

Name of Administrative

Number

Number

Tribunal

Trading Licences Act

Licensing Appeals Board

Cooperatives Board

Cooperatives Board

Producer Organisations Act

Producer

Organisations

Appeals Board

Special Funds (Regulation) Act

Financial Services Tribunal

Mutual

Recognition

of

Mutual

Recognition

of

Qualifications Act

Qualifications Appeals Board

Employment

&

Industrial

Industrial Tribunal

Relations Act

The Sports Act

Sports Appeals Board

Medicines Act

Appeal to the Medicines

Review Board from findings

of the Medicines Authority

Eco Contributions Act

Eco Contributions

Appeals

Board

Prevention of Financial Markets

Financial Services Tribunal

Abuse Act

Securitisation Act

19(14)

Financial Services Tribunal

Insurance Intermediaries Act

Financial Services Tribunal

Part B – Subsidiary Legislation

Subsidiary

Name of Subsidiary Law

Provision

Name of

Legislation/Legal

Number

Administrative

Notice Number

Tribunal

GN 430 of 28

Cinema and Stage Regulations

Board of Film and

September 1937

Stage Censors

SL 33.04

Civil Explosives Regulations

Second

This regulation states

Schedule,

that provision must

paragraph 5

be made for an

of 1.

appeal

Module B

SL 85.01

Potato Export Regulations

Board of Reference

SL 128.02

Licences

Procedures

Police

Licences

Regulations

Appeals Tribunal

SL 174.02

Public Service (Procurement)

Public

Contracts

Regulations

Appeals Board

SL 174.04

Public Contracts Regulations

Public

Contracts

Appeals Board

SL 254.12

Postal Services Appeals Board

---

Postal

Services

(Rules

of

Procedures)

Appeals Board

Regulations

SL.260.03

Prison Regulations

Appeals Tribunal

SL 291.04

Petitions (Local

Tribunals)

Petitions Board

Regulations

SL 327.85

Assessment Test Regulations

University

Disciplinary Board

SL 332.09

Erection of Billboards on the

9(7)

Ad hoc Appeals

Road Regulations

Board

until

the

Appeals Board is

constituted

SL 458.23

Licensing of Private Medical

5(2)

Tribunal

Clinics Regulations

SL 458.25

Licensing of Private Medical

5(2)

Tribunal appointed

Diagnostic

Laboratories

under regulation 5(2)

Regulations

of the Licensing of

Private

Medical

Clinics Regulations

(SL 458.23)

In this Act, unless the context otherwise requires -

Interpretation.

“administrative act” includes the issuing by the public

administration of any order, licence, permit, warrant, authorisation,

concession, decision or a refusal to any demand of a member of the

public, but does not include any measure intended for internal

organisation or administration within the said public administration;

“Administrative Review Tribunal” means the Administrative

Review Tribunal established by article 5(1);

“administrative tribunal” means a tribunal listed in the First

Schedule;

“the Minister” means the Minister responsible for justice;

“principles of good administrative behaviour” means the

principles of good administrative behaviour listed in Part II of this

Act;

“public administration” means the Government of Malta,

including its Ministries and departments, local authorities and any

body corporate established by law;

“the Secretary” means the Secretary of the Administrative

Review Tribunal.

PART II

Administrative Tribunals

Competence of the Court of Appeal

[Article 22 (2)]

Title of Law

Reference

Competence

Number of the Law

of the Court of Appeal

Spirits Ordinance

Cap 41

Inferior Competence

Lepers Ordinance

Inferior Competence

Agricultural Produce (Export)

Inferior Competence

Ordinance

Supplies and Services Act

Inferior Competence

Enemy Property Act

Inferior Competence

Wine Act

Inferior Competence

Animal Welfare Act

Inferior Competence

Co-operatives Societies Act

Inferior Competence

Civil Explosives Regulations

SL 33.04

Inferior Competence

Importation of Dogs and Cats

SL 36.42

Inferior Competence

Regulations

Motor Vehicles (Carriage of

SL 65.19

Inferior Competence

Goods By Road) Regulations

National

Malta

Library

SL 92.03

Inferior Competence

Regulations

Malta Public Regulations

SL 92.06

Inferior Competence

Control of the Sale of Egg

SL 117.17

Inferior Competence

Regulations

Control of

the

Kerosene

SL 117.18

Inferior Competence

Regulations

Airport

(Groundhandling

SL 232.15

Inferior Competence

Services Regulations

(1) In their relations with the public, administrative

tribunals shall respect and apply the principles of good administrative

behaviour laid down in this Part of this Act.

(2) The principles of good administrative behaviour include

the following:-

(a)

an administrative tribunal shall respect the parties’

right to a fair hearing, including the principles of natural justice,

namely

(i)

nemo judex in causa sua, and

(ii) audi et alteram partem;

(b) the time within which an administrative tribunal

shall take its decision shall be reasonable in the light of the

circumstances of each case. The decision shall be delivered as

soon as possible and for this purpose the tribunal shall deliver

one decision about all matters involved in the cause whether

they are of a preliminary, procedural or of a substantive nature;

(c)

an administrative tribunal shall ensure that there

shall be procedural equality between the parties to the

proceedings. Each party shall be given an opportunity to present

its case, whether in writing or orally or both, without being

placed at a disadvantage;

(d) an administrative tribunal shall ensure that the

public administration makes available the documents and

information relevant to the case and that the other party or

parties to the proceedings have access to these documents and

information;

(e)

proceedings before an administrative tribunal shall

be adversarial in nature. All evidence admitted by such a

tribunal shall, in principle, be made available to the parties with

a view to adversarial argument;

(f)

an administrative tribunal shall be in a position to

examine all of the factual and legal issues relevant to the case

presented by the parties in terms of the applicable law;

(g) save as otherwise provided by law, the proceedings

before an administrative tribunal shall be conducted in public;

(h) reasons shall be given for the judgment. An

administrative tribunal shall indicate, with sufficient clarity, the

grounds on which it bases its decisions. Although it shall not be

necessary for a tribunal to deal with every point raised in

argument, a submission that would, if accepted, be decisive for

the outcome of the case, shall require a specific and express

response.

[Article 25 (3)]

Amendment of Laws

First Column

Second Column

Enactment

Extent of Amendment

Spirits Ordinance,

Article 6 of the Spirits Ordinance, Cap. 41,

shall be substituted by the following

“Refusal to issue licence.

6. (1) The Comptroller may refuse to

grant the said licence to any person applying

for it. But in case of refusal the Comptroller

shall deliver to such person a statement in

writing of the grounds of his refusal.

(2) Any person aggrieved by such refusal

may, within fourteen days after receiving the

said statement, appeal therefrom to the

Administrative Review Tribunal established

in terms of article 29 of the Administrative

Justice Act, 2006 and the provision of this

Act shall apply to such an appeal.”

Lepers Ordinance (Cap. 45)

Article 2(8) of the Lepers Ordinance, Cap. 45,

shall be substituted by the following

“(8) For the purposes of the preceding

provisions of this section the decision

whether a person is a leper shall rest with the

Administrative Review Tribunal established

in terms of article 29 of the Administrative

Justice Act, 2006 and the provisions of this

Act shall apply to such an appeal.”

First Column

Second Column

Enactment

Extent of Amendment

Agricultural Produce (Export) Ordinance,

Article 18 of the Agricultural Produce

(Export) Ordinance, Cap. 85, shall be

substituted by the following

“Appeal from decision of inspector.

18. (1) If an inspector refuses to pass for

export any consignment of produce, he shall

forthwith give notice in writing to the

exporter stating the reason for his refusal: the

exporter may thereupon, in writing, require

the inspector to refer the matter immediately

to the Administrative Review Tribunal

established in terms of article 29 of the

Administrative Justice Act, 2006 and the

provision of this Act shall apply to such an

appeal, for decision as soon as possible as to

whether the produce should be passed for

export.

(2) The exporter may be present at any

examination of his produce by an inspector.”

Supplies and Services Act,

Article 3(e) of the Supplies and Services Act,

Cap. 117, shall be substituted by the

following: “(e) for empowering the

Administrative Review Tribunal established

in terms of article 29 of the Administrative

Justice Act, 2006 for the purpose of taking

cognizance of offences under all or any

specified regulations made under this Act, for

prescribing the procedure to be followed by

the said Tribunal, for establishing the

jurisdiction thereof; and for providing, where

necessary, for applying the provisions of the

Administrative Justice Act 2006 to appeals

from the decisions of such Tribunal;”

First Column

Second Column

Enactment

Extent of Amendment

Enemy Property Act, Cap. 179.

Subarticles (3) and (4) of article 4 of the

Enemy Property Act, Cap. 179, shall be

substituted by the following

“(3) The decision of the Board shall be served

on the claimant by a judicial act, and may be

appealed by application before the

Administrative Review Tribunal established

in terms of article 29 of the Administrative

Justice Act, 2006 and the provision of this

Act shall apply to such an appeal.

(4) Where the Board or the Administrative

Review Tribunal or the Court of Appeal, as

the case may be, decide in favour of the

claimant the Custodian shall be entitled to

deliver the property to the claimant after

deducting therefrom the fees and expenses

incurred by the Custodian in the

administration of the property and its handing

over.”

Wine Act, Cap. 436.

Article 4 of the Wine Act, Cap. 436, shall be

substituted by the following

“Appeal to Appeals Board.

4. Where the issue or renewal of a licence has

been refused, the Director shall inform the

applicant forthwith of such refusal and the

applicant may appeal therefrom to the

Administrative Review Tribunal established

in terms of article 29 of the Administrative

Justice Act, 2006 and the provision of this

Act shall apply to such an appeal.”

First Column

Second Column

Enactment

Extent of Amendment

Animal Welfare Act,

Article 49 of the Animal Welfare Act, Cap.

439, shall be substituted by the following

“Revision of Director’s decisions.

The Minister may make regulations to implement and to Power of

give better effect to the provisions of this Part of this Act and may, Minister

make

without prejudice to the generality of the foregoing

regulations to

implement

provisions of

this Part.

(a)

establish the date of entry into force of the

provisions of this Part with regard to any administrative

tribunals referred to in the First Schedule that the Minister may

by regulations specify;

(b) make such amendments, alterations, deletions,

repeals, corrections, changes and modifications to any primary

law or subsidiary law for the purpose of bringing such primary

law or subsidiary law in conformity with the provisions of this

Part of this Act and may from time to time update the list of

administrative tribunals listed in the First Schedule.

PART III

The Administrative Review Tribunal

(1) There shall be set up in accordance with the

provisions of this Part of this Act, an independent and impartial

tribunal, to be known as the Administrative Review Tribunal, for the

purpose of reviewing administrative acts referred to it in accordance

with this Act or any other law, and for the purpose of exercising any

other jurisdiction conferred on the Administrative Review Tribunal

by or under this or any other law, whether before or after the coming

into force of this Act.

(2) The Administrative Review

Tribunal

shall

have

jurisdiction to review administrative acts.

The Administrative Review Tribunal shall comply with the

principles of good administrative behaviour laid down in article 3.

The Administrative Review Tribunal shall be competent to

review administrative acts of the public administration on points of

law and points of fact. It shall also be competent to decide disputes

referred to it unless any court or other administrative tribunal is

already seized of such dispute.

(1) The Administrative Review Tribunal shall consist of

a Chairperson who shall preside over the Tribunal.

(2) The President of Malta, acting on the advice of the Prime

Minister, may appoint more than one Chairperson to sit on the

Administrative Review Tribunal, but only one Chairperson shall sit in

any one case.

(3) A Chairperson who is an ex-Judge or an ex-Magistrate

shall be appointed for a term of four years and shall vacate his or her

office at the expiration of the term of the said appointment.

(4) A Chairperson shall be a person who holds, or has held, the

office of a judge or of a magistrate in Malta.

(5) During the tenure of office, a Chairperson may not be

removed except in the same manner and on the same grounds as a

magistrate may be removed.

(6) In the exercise of his or her function, a Chairperson shall

not be subject to the direction or control of any other person or

authority.

(7) Upon his or her appointment, a Chairperson shall take an

oath to examine and decide the cases brought before him or her with

impartiality, fairness and according to law. The oath shall be taken

before the Court of Appeal.

(8) The warrants or orders of the Administrative Review

Tribunal shall be signed by the Chairperson.

(9) The oath to the witnesses shall be administered by the

Chairperson or by the Secretary of the Administrative Review

Tribunal or such other person as the Chairperson may by order in

writing appoint.

(10) A Chairperson shall receive such remuneration as the

President of Malta, acting on the advice of the Prime Minister, may

by order to be published in the Gazette from time to time prescribe.

Such remuneration may not be altered to the disadvantage of a

Chairperson during his or her period of office.

(1) The President of Malta, acting on the advice of the Sections of the

Prime Minister, may by order establish sections of the Administrative Administrative

Review

Review Tribunal and may designate the categories of cases to be Tribunal.

assigned to each section; and may by subsequent order amend, revoke

or substitute such order.

(2) The President of Malta, acting on the advice of the Prime

Minister, shall assign a Chairperson or such Chairpersons to sit in the

Administrative Review Tribunal or in a section or such number of

sections of the Administrative Review Tribunal and may transfer a

Chairperson from one section of the Administrative Review Tribunal

to another.

(3) The provisions of the Code of Organization and Civil Cap. 12.

Procedure regarding the abstention and challenge of magistrates shall

apply to the abstention and challenge of a Chairperson.

(4) When a Chairperson has been objected to or has abstained

from sitting, or is otherwise unable to act, another Chairperson shall

be surrogated in his or her stead by the President.

(1) In proceedings before it, the Administrative Review Panels of

Tribunal shall be assisted by two assistants, appointed under this assistants.

article, whom the Administrative Review Tribunal may consult in any

case for its decision.

(2) Such consultation shall take place in open court or in

camera and the Administrative Review Tribunal shall not be bound to

abide by the opinion of the assistants.

(3) The two assistants shall be appointed by the President of

Malta, acting on the advice of the Prime Minister from amongst

persons who, in the Prime Minister’s opinion, have previous

experience and special qualifications in a particular field of expertise

falling within the competence of the Administrative Review Tribunal.

(4) The President of Malta, acting on the advice of the Prime

Minister, may appoint panels of assistants depending on the subject

matter of the dispute and the Secretary shall select two assistants from

each panel for each case.

(5) The President of Malta, acting on the advice of the Prime

Minister may, from time to time, add to or vary such order to include,

remove, fuse together or change existing panels as the case may be.

(6) The President of Malta, acting on the advice of the Prime

Minister, may at any time, appoint more than two persons on each

panel as assistants of the Administrative Review Tribunal, but only

two such persons from each panel shall assist the said Tribunal in any

one case.

(7) The office of an assistant of the Administrative Review

Tribunal shall become vacant

(a)

at the expiration of four years from the date of

appointment unless such appointment is renewed for a period or

further periods of four years; or

(b) following removal from office in the same manner

and on the same grounds as a magistrate may be removed from

office; or

(c)

following a written request addressed to the Prime

Minister to that effect by such assistant.

(8) The assistants of the Administrative Review Tribunal may

abstain or be challenged in the same manner and on the same grounds

as, according to law, a magistrate may abstain or be challenged. Any

question regarding any cause of abstention or challenge shall be

decided by the Chairperson.

(9) In the exercise of his or her function, an assistant of the

Administrative Review Tribunal shall not be subject to the direction

or control of any other person or authority other than the Chairperson

of the Administrative Review Tribunal.

(10) Upon appointment, an assistant of the Administrative

Review Tribunal shall take an oath of office. The oath shall be taken

before the Chairperson.

(11) An assistant of the Administrative Review Tribunal shall

receive such remuneration as the President of Malta, acting on the

advice of the Prime Minister, may by order to be published in the

Gazette from time to time prescribe. Such remuneration may not be

altered to the disadvantage of an assistant during his or her period of

office.

(1) The Administrative Review Tribunal shall hold Sittings of the

sittings in Malta and in Gozo at such regular intervals as may be Administrative

Appeals

necessary to expedite its business. The day and time of each sitting Tribunal.

shall be determined by the Chairperson.

(2) The Minister shall, by notice in the Gazette, determine the

buildings where the Administrative Review Tribunal shall sit in Malta

and in Gozo.

(3) Unless otherwise exempted by the Chairperson, assistants

of the Administrative Review Tribunal shall attend for all sittings of

the said Tribunal.

(1) The Minister may by regulations establish the Registry of the

Registry of the Administrative Review Tribunal and the functions Administrative

Review

thereof, and by the same regulations may also appoint such officers as Tribunal.

may be necessary for the operation of the said Tribunal. All the

records of the Administrative Review Tribunal shall be filed in the

Registry referred to in this subarticle.

(2) The records of the Administrative Review Tribunal shall

be accessible to all persons, and copies thereof shall be given on

payment of the prescribed fee to any person on request.

(3) The records of the Administrative Review Tribunal shall

be deposited and kept in such archives as may be designated by the

Minister by regulations made under this article.

(1) The Secretary to the Administrative Review Duties of

Tribunal shall be responsible for the running of the Registry. The Secretary.

Secretary shall also perform any other duty which may be incumbent

upon him or her under this Act or any rules made thereunder.

(2) The duties of the Secretary shall be carried out in

accordance with the provisions of the Code of Organization and Civil Cap. 12.

Procedure.

(1) The parties may appear before the Administrative

Review Tribunal in person or be represented through an advocate, a

legal procurator or another person.

(2) The parties may be assisted by an advocate, a legal

procurator or by another person.

(1) The provisions of articles 21, 22 and 23 of the Code

of Organization and Civil Procedure shall apply before the

Administrative Review Tribunal.

(2) Proceedings before the Administrative Review Tribunal

shall be commenced by the filing of an application. The applicant

shall file an application in the Registry of the Administrative Review

Tribunal. The said application shall contain

(a)

a clear and correct statement of the subject-matter

and the cause of the claim;

(b)

the claim or claims;

(c)

a clear and detailed statement of the facts of the case

of which the applicant may be aware;

(d) the name of witnesses the applicant intends to

produce, including the subpoena of the other party, stating in

respect of them the proof the applicant intends to establish by

their evidence; and

(e)

the remedy being requested, with costs against the

public administration.

(3) The application shall be served on the public

administration not later than five working days from its date of filing.

The provisions of article 3 in so far as they concern the

expeditiousness of proceedings shall be observed in so far as the reply

is concerned.

(4) The public administration shall file the reply within twenty

days from the date of service of the application, unless it intends to

admit the claim.

(5) When the public administration intends to admit the claim,

wholly and unconditionally, it shall file a note to that effect. Once the

applicant declares, by means of a note filed within twenty days from

service of the public administration’s admission of claim, that he is

satisfied with the remedy granted by the public administration, the

Tribunal shall abstain from taking further cognizance of the case.

(6) If the applicant is not satisfied with the remedy granted by

the respondent, whether in full or in part, or if the public

administration intends to contest the claim wholly and

unconditionally, the public administration shall file a reply

containing

(a)

any such pleas as would be taken to be waived if not

raised before the contestation of the suit;

(b) a clear and correct statement of the pleas on the

merits of the claim or claims and referring to the provisions of

the law in terms of which the decision was taken;

(c)

a clear and detailed statement of facts of the case of

which the public administration is aware, denying, admitting or

explaining the circumstances of fact set out in the applicant’s

application;

(d) the name of the witnesses which the applicant

intends to produce, including the subpoena of the other party,

stating in respect of each of them the proof he/she intends to

establish by their evidence;

(e)

a request that the public administration be non-

suited with costs against the applicant.

(7) Where the claim is contested, the Tribunal shall appoint

the case for hearing.

(8) The Tribunal shall, subject to the provisions of this Act or

any other applicable law regulating the Tribunal’s procedure, regulate

its own procedure.

(1) The Minister may make regulations to implement Minister to

and to give better effect to the provisions of this Part of this Act and make

regulations to

may, without prejudice to the generality of the foregoing, establish implement

provisions of

the date of entry into force of the provisions of this Part of this Act this Part.

with regard to the public administration and administrative tribunals

that the Minister may by regulations specify.

(2) The Minister may also make regulations for the better

functioning of the Administrative Review Tribunal and may, without

prejudice to the generality hereof, make regulations

(a)

setting out the procedure before the Administrative

Review Tribunal;

(b)

setting out the procedure in appeals from the

decisions of the Administrative Review Tribunal;

(c)

establishing the forms that are to be used in

proceedings before the Administrative Review Tribunal;

(d) establishing the forms that are to be used in

proceedings in appeals from the Administrative Review

Tribunal;

(e)

establishing rates of costs in proceedings before the

Administrative Review Tribunal;

(f)

establishing the fees that may be due to the Registry

of the Administrative Review Tribunal;

(g) establishing the fees that may be due to advocates,

legal procurators and other persons representing or appearing

before the Administrative Review Tribunal;

(h) setting out the duties of Secretary in relation to the

Administrative Review Tribunal;

(i)

establishing which provisions of the Code of

Organization and Civil Procedure, if any, not mentioned in this

Act, are to apply to the procedure before the Administrative

Review Tribunal;

(j)

prescribing anything that may or is to be prescribed

in accordance with this Part of this Act.

The service of judicial acts in terms of this Part of this Act

shall be carried out in such manner as is provided for the service of

judicial acts in the Code of Organization and Civil Procedure, unless

the Minister shall, by regulations made under this article, otherwise

provide.

The provisions of the Code of Organization and Civil

Procedure relating to the benefit of legal aid shall apply to parties to

proceedings before the Administrative Review Tribunal, being

persons entitled to such benefit within the meaning of those

provisions.

The expenses in connection with the administration of the

Administrative Review Tribunal and the remuneration due to the

Chairperson and the assistants of the panel, shall be paid out of the

Consolidated Fund without the necessity of any further appropriation.

(1) The Administrative Review Tribunal shall have all Powers of the

such powers as are, by the Code of Organization and Civil Procedure, Administrative

Review

vested in the First Hall of the Civil Court.

Tribunal.

(2) The enforcement of the decisions of the Administrative

Review Tribunal in the manner provided for in the Code of Cap. 12.

Organization and Civil Procedure, shall vest in the Administrative

Review Tribunal itself.

(3) The Administrative Review Tribunal may, through its

Chairperson, summon any person to appear before it and give

evidence and produce documents, and the Chairperson shall have the

power to administer the oath.

The Minister may make regulations to implement and to Minister to

give better effect to the provisions of this Part of this Act and may, make

regulations to

without prejudice to the generality of the foregoing make such implement

provisions of

amendments, alterations, deletions, repeals, corrections, changes and this Part of this

modifications to any law or regulation for the purpose of bringing Act.

such law or regulation in conformity with the provisions of this Part

of this Act.

PART IV

Appeals from decisions of the Administrative Review Tribunal

(1) Any party to the proceedings before the Right of appeal.

Administrative Review Tribunal who feels aggrieved by a decision of

the said Tribunal, may appeal to the Court of Appeal sitting either in

its superior or in its inferior jurisdiction.

(2) The Court of Appeal competent to hear and determine an

appeal from a decision of the Administrative Appeals Tribunal shall

be that established in the Second Schedule

Provided that the Minister may make regulations to

implement and to give better effect to these provisions of this Part of

this Act and may, without prejudice to the generality of the foregoing,

make such amendments, alterations, deletions, repeals, corrections,

changes and modifications to the Second Schedule and to any primary

law or subsidiary law for the purpose of bringing such Schedule or

primary or subsidiary law in conformity with the provisions of this

Part of this Act and may from time to time add any other reference to

legislation to the Second Schedule which is not mentioned in the said

Second Schedule.

(3) Such appeal shall be brought before the Court of Appeal by

means of an application filed in the Registry of that court within

twenty days from the day on which the decision of the court was

delivered.

(4) The said application of appeal shall be accompanied

together with the payment of an all inclusive Registry appeal fee as

may be prescribed by the Minister responsible for justice in

consultation with the Minister responsible for finance. Such fee shall

cover all Registry fees, including those taxed by the Registrar, Civil

Courts and Tribunals, when final judgement is read out in open court.

(5) When there are two parties, the appeal shall be lodged in

duplicate by means of an application. Where there are more than two

parties to an appeal before the Administrative Review Tribunal, the

application of appeal shall be lodged in such number of copies as

there are parties to that appeal.

(6) The application of appeal shall be filed in the competent

Registry in terms of the Code of Organization and Civil Procedure.

(7) The Registrar, Civil Courts and Tribunals, shall, on receipt

of the application of appeal, serve a copy of the said application of

appeal on the other party or parties.

(8) The respondent or respondents shall file their reply to the

appeal within twenty days of service of the appeal. Such replies shall

be accompanied together with the payment of an all inclusive

Registry fee as may be prescribed by the Minister responsible for

justice in consultation with the Minister responsible for finance. Such

fee shall cover all Registry fees, including those taxed by the

Registrar, Civil Courts and Tribunals, when final judgement is read

out in open court.

(9) When an appeal is lodged to the Court of Appeal as

aforesaid, that appeal and the reply or replies thereto shall be referred

by the Registrar, Civil Courts and Tribunals, to the Court of Appeal.

(1) The Court of Appeal shall have the power, in its

judgement, to confirm, revoke or alter the decision appealed against

and to give such directions as it may deem appropriate.

(2) The provisions regulating the Court of Appeal in the Code

of Organization and Civil Procedure shall apply to the Court of

Appeal when hearing appeals from decisions of the Administrative

Appeals Tribunal.

(3) Subject to the foregoing provisions and of any applicable

law, the Court of Appeal shall regulate its own procedure.

PART V

Miscellaneous Provisions

(1) On the entry into force of Parts III and IV of this Saving and

Act, all pending proceedings before those persons, bodies or transitory

provision. Cap.

administrative tribunals which were competent prior to the coming 12.

into force of article 25 shall be assigned to the Administrative Review

Tribunal for determination and shall be regulated by the provisions of

the said Parts III and IV of this Act; and the Minister may establish

different dates for the entry into force of Parts III and IV of this Act

with regard to the different persons, bodies or administrative tribunals

referred to in article 25.

(2) Nothing in subarticle (1) shall invalidate any procedure

whether written or oral which may have been made before the coming

into force of this Act and which was valid according to the law in

force on the date when made.

(3) The Administrative Review Tribunal shall draw up and

deliver such decrees which might be necessary to regulate those

undecided proceedings which hitherto were pending before the

persons, bodies and administrative tribunals mentioned in subarticle

(1) prior to the date of entry into force of this article and which have

on the date of the entry into force of this article been assigned to the

Administrative Review Tribunal so that the latter may bring these

proceedings in line with the provisions of Part III of this Act

Provided that, notwithstanding the provisions of this

article, proceedings pending before the persons, bodies and

administrative tribunals mentioned in subarticle (1) which have been

put off for judgment or for final oral or written submissions on the

date of the entry into force of this article, shall continue to be heard

and decided by those persons, bodies and administrative tribunals and

not by the Administrative Review Tribunal.

(4) Without prejudice to the generality of subarticle (1), one or

more of the Chairpersons ordinarily sitting in the Administrative

Review Tribunal or in a section or sections thereof, shall take

cognizance of all proceedings pending before the persons, bodies or

administrative tribunals mentioned in that subarticle which are re-

assigned to the Administrative Review Tribunal. The Secretary of the

Administrative Review Tribunal shall ensure that all pending

proceedings lodged from decisions of the public administration

hitherto being heard by any person, body or administrative tribunal

mentioned in subarticle (1) are referred to the section of the

Administrative Review Tribunal which would be taking cognizance

of the said proceedings.

(5) Appeals lodged to the Court of Appeal from any decision

of any person, body or administrative tribunal prior to the entry into

force of article 25 shall continue to be heard by the said Court until

they are so determined, and the provisions of the Code of

Organization and Civil Procedure shall continue to apply thereto.

(1) This provision shall have effect subject to the

provisions of articles 1(2) and (3) and 24.

(2) The Administrative Review Tribunal shall, on the entry

into force of this article, henceforth have jurisdiction in lieu of the

persons, bodies and administrative tribunals mentioned in the laws

listed in the Third Schedule prior to the entry into force of this article.

(3) The laws specified in the First Column of the Third

Schedule shall have effect subject to the amendments specified in the

Second Column thereof and the provisions of article 1(2) and (3) shall

apply thereto.

(1) Where the Director refuses

the issuing of a permit or of a licence required

by or under this Act, or modifies such permit

or licence or cancels the same, the person

applying for the permit or licence or the

person holding the permit or the licence, as

the case may be, shall have the right, by not

later than five working days, to appeal against

the Director’s decision wherein that person

shall state the reasons why the decision of the

Director should be cancelled or modified.

(2) Such appeal shall lie to the Administrative

Review Tribunal established in terms of

article 29 of the Administrative Justice Act,

2006 and the provision of this Act shall apply

to such an appeal.

(3) The Administrative Review Tribunal

shall, as soon as it receives the appeal in

accordance with subarticle (1), send the said

appeal to the Director so that, within two

days, the Director may reply in writing

thereto, wherein he shall indicate the reasons

why the appeal should be quashed; however

the Director may, where it appears to him that

the appeal is justified, change his decision in

accordance with the appeal and inform the

Tribunal, within the period given to him for

his reply.

(4) When the Tribunal receives the Director’s

reply, or the time given for the reply shall

have elapsed without the receipt, the Tribunal

shall hear the appeal and in doing so it shall

be composed of the Chairperson of the

Tribunal and those members of the Council

appointed under article 4(1)(c), (d) and (e)

and one of the members appointed in terms of

article 4(1)(f).

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(5) The Tribunal shall, within five days of the

receipt of the appeal, study the case and hear

any person whom it shall deem appropriate,

including both parties.

(6) After the Tribunal decides the appeal it

shall give an order in writing to the Director

according to its decision; a copy of the

Tribunal’s decision shall also be sent to the

appellant.”

Co-operative Societies Act,

Article 17(v) of the Co-operative Societies

Act, Cap., 442, shall be substituted by the

following: “(v) such regulations may also

prescribe any right of appeal from decisions

of the Board to impose an administrative

sanction to the Administrative Review

Tribunal established in terms of article 29 of

the Administrative Justice Act, 2006 and the

provision of this Act shall apply to such an

appeal.”

Civil Explosives Regulations,

The words “Provision must be made for an

SL 33.04.

appeals procedure” in paragraph 5 of the

Second Schedule of the Civil Explosives

Regulations, SL 33.04, shall be substituted by

the words “An appeal shall lie from the

decision of the notified body to the

Administrative Review Tribunal established

in terms of article 29 of the Administrative

Justice Act, 2006 and the provision of this

Act shall apply to such an appeal.”

Importation of Dogs and Cats Regulations,

Regulation 9(5) of the Importation of Dogs

SL 36.42.

and Cats Regulations, SL 36.42, shall be

substituted by the following

“(5) The Director reserves the right to

increase the period of quarantine referred to

in sub-regulations (1) and (2) of this

regulation for any animal

Provided that in such cases the importer may

appeal from such decision to the

Administrative Review Tribunal established

in terms of article 29 of the Administrative

Justice Act, 2006 and the provision of this

Act shall apply to such an appeal.”

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Extent of Amendment

Motor Vehicles (Carriage Of Goods By Road)

The Motor Vehicles (Carriage Of Goods By

Regulations,

Road) Regulations, SL 65.19, shall be

SL 65.19.

amended as follows:-

(a) regulation 12(d) thereof substituted by the

following

“(d) In the event of serious infringements of

these regulations, the Authority may suspend

the authorisation. Such suspension shall be

imposed having regard to the seriousness of

the infringement and shall be subject to

appeal the Administrative Review Tribunal

established in terms of article 29 of the

Administrative Justice Act, 2006 and the

provision of this Act shall apply to such an

appeal.”; and

(b) regulation 37 thereof shall be substituted

by the following

“Appeals.

37. Any decision by the Authority in

accordance with regulation 36 shall be

subject to appeal before the Administrative

Review Tribunal established in terms of

article 32 of the Administrative Justice Act,

2006 and the provision of this Act shall apply

to such an appeal.”

National Malta Library Regulations,

Regulation 6 of the National Malta Library

SL 92.03.

Regulations, shall be substituted by the

following

“Refusal to issue books by the Librarian.

6. The Librarian may refuse to issue such

books or manuscripts which he does not

consider adapted to the age or the intelligence

of the persons applying for them provided

that the applicant may appeal against such

refusal to the Administrative Review Tribunal

established in terms of article 29 of the

Administrative Justice Act, 2006 and the

provision of this Act shall apply to such an

appeal.”

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Extent of Amendment

Malta Public Library Regulations,

Regulation 39 of the Malta Public Library

SL 92.06.

Regulations SL 92.06, shall be substituted by

the following

“Appeal.

39. Any person who feels aggrieved by a

decision of the Librarian made or taken under

these Regulations, other than a decision under

regulation 34, may appeal therefrom to the

Administrative Review Tribunal established

in terms of article 29 of the Administrative

Justice Act, 2006 and the provision of this

Act shall apply to such an appeal.”

Control of the Sale of Egg Regulations,

Regulation 4(3) of the Control of the Sale of

SL 117.17.

Egg Regulations, SL 117.17, shall be

substituted by the following

“(3) Any person who feels himself aggrieved

by any decision of the Director under this

regulation may appeal therefrom to the

Administrative Review Tribunal established

in terms of article 29 of the Administrative

Justice Act, 2006 and the provision of this

Act shall apply to such an appeal.”

Control of the Kerosene Regulations,

Regulation 5(3) of the Control of the

SL 117.18.

Kerosene Regulations, SL 117.18, shall be

substituted by the following

“(3) Any person who feels himself aggrieved

by any decision of the Director under this

regulation may appeal therefrom within

fifteen days from the day on which the

decision is communicated to him in writing to

the

Administrative

Review

Tribunal

established in terms of article 32 of the

Administrative Justice Act, 2006 and the

provision of this Act shall apply to such an

appeal.”

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Extent of Amendment

Airport

(Groundhandling

Services)

The Airport (Groundhandling Services)

Regulations,

Regulations, SL 232.15, shall be amended as

SL 232.15.

follows

(a) The definition of the expression “Board”

in Regulation 2 shall be deleted and the

following expression shall be added before

the definition of the expression “airport”

“Administrative Review Tribunal” means the

Administrative Review Tribunal established

in terms of article 29 of the Administrative

Justice Act, 2006 and the provision of this

Act shall apply to such an appeal;”

(b) regulation 16 thereof shall be substituted

by the following

“Appeals.

16. (1) An appeal shall lie to the

Administrative Review Tribunal against any

decision or authorisation given under

regulations 7, 8, 9, 10 and 13.

(2) The right to appeal shall be competent to

any person aggrieved by the decision or

authorisation.”.

(c) regulation 17 thereof shall be substituted

by the following

“Grounds of appeal.

17. (1) An appeal to the Administrative

Review Tribunal may be filed on any of the

following grounds

(a) that a material error as to the facts has

been made;

(b) that there was a material procedural error;

(c) that an error of law has been made;

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Extent of Amendment

(d) that there was some material illegality,

including unreasonableness or lack of

proportionality.

(2) The Administrative Review Tribunal shall

give reasons for its decision and shall cause

such decisions to be made public omitting, if

it deems it appropriate for reasons of

commercial or security confidentiality, the

names of the persons involved and any other

information.

(3) In determining an appeal under this

regulation the Administrative Review

Tribunal may -

(a) dismiss the appeal; or

(b) annul the decision or authorisation, and

where the said Tribunal annuls the decision or

authorisation it may refer the matter to the

managing body of the airport or the Director,

as the case may be, with a direction to

reconsider it and reach a decision or

authorisation consistent with the findings of

the Tribunal.

(4) The effect of a decision or authorisation to

which an appeal relates shall not, except

where the Tribunal or the Court of Appeal, as

the case may be, so orders, be suspended in

consequence of the bringing of the appeal.”.

(d) regulation 18 thereof the shall be

substituted by the following

“Powers and procedure of the Administrative

Review Tribunal

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18. (1) The Administrative Review

Tribunal shall be competent to hear and

decide any appeal made to it in accordance

with the provisions of these regulations and,

subject to regulation 19, the decisions of the

Tribunal shall be final and binding.

(2) For the exercise of its functions, the

Tribunal may summon any person to appear

before it and give evidence and produce

documents; and the Chairperson shall have

the power to administer the oath.”

(e) regulation 19 thereof shall be substituted

by the following

“Appeal to the Court of Appeal.

19. (1) Any party to an appeal to the

Tribunal who feels aggrieved by a decision of

the Board may, on a question of law, appeal to

the Court of Appeal in terms of the

Administrative Justice Act, 2006.”

Passed by the House of Representatives at Sitting No. 514 of the 17th April,

2007. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives