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ACT No. XXVII of 2011 AN ACT to amend the Private Guards and Local Wardens Act (Cap. 389).

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Malta Government Gazette — Act 2011 27 — ACT No. XXVII of 2011 AN ACT to amend the Private Guards and Local Wardens Act (Cap. 389).

I assent.

A NTON T ABONE

(L.S.)

Acting President

20th December, 2011

ACT No. XXVII of 2011

AN ACT to amend the Private Guards and Local Wardens Act

(Cap. 389).

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 2011 27 — ACT No. XXVII of 2011 AN ACT to amend the Private Guards and Local Wardens Act (Cap. 389).

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

Local Wardens (Amendment) Act, 2011, and this Act shall be read

and construed as one with the Private Guards and Local Wardens Act,

hereinafter in this Act referred to as "the principal Act".

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

responsible for the Police may by notice in the Gazette appoint.

Malta Government Gazette — Act 2011 27 — ACT No. XXVII of 2011 AN ACT to amend the Private Guards and Local Wardens Act (Cap. 389).

Article 17 of the principal Act shall be amended as

follows

(a)

in sub-article (1) thereof, for the words "the

provisions of articles 6, 7, 8, 9, 10, 11, 12 and 13 shall apply"

there shall be substituted the words "the provisions of articles 6,

7, 8, 9, 10, 11, 12(1)(b), (c) and (d) and 13 shall apply"; and

(b) immediately after sub-article (2) thereof, there shall

be added the following new sub-articles

"(3) A licence issued by the Commissioner of

Police may be revoked or suspended by a Disciplinary

Board made up of three persons appointed by the Minister

responsible for Local Government for a period of three

years to hear and decide on misconduct or abuse of power

of local wardens according to regulations published by the

same Minister which the termination of appointment of the

members of the Board, the procedures before the Board,

the functions of the Board and ancillary matters.

(4) A person shall not be qualified to be

appointed or to hold office as a member of the Board if he

(a) is a member

of

the

House

of

Representatives; or

(b) is a member or an official of a Local

Council, or

(c)

is a Judge or a Magistrate; or

(d)

is legally incapacitated; or

(e) has been declared bankrupt or has made

a composition or arrangement with his creditors;

or

(f) has been convicted of a crime affecting

public trust or theft or fraud or of knowingly

receiving property obtained by theft or fraud; or

(g) has a financial or other interest in any

enterprise or activity which is likely to affect the

discharge of his functions as a member of the

Board.

(5)

The Board shall have the following functions

(a) to expeditiously inquire into and report

on any matter regarding the misconduct or abuse

of power of local wardens;

(b) to inquire and report on any complaint

made to it in writing by a local warden against

treatment which the local warden deems

prejudicial or discriminatory

Provided that the Minister may from time to time

add to or revise the functions of the Board by means of

regulations.".

Passed by the House of Representatives at Sitting No. 435 of the

14th December, 2011.

M ICHAEL F RENDO

Speaker

P AULINE A BELA

Clerk to the House of Representatives

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