ACT No. V of 2011 AN ACT to amend various laws.

I assent.

G EORGE A BELA

(L.S.)

President

19th April, 2011

ACT No. V of 2011

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:-

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

(Amendment) Act, 2011.

PART I

Amendments to the Traffic Regulation Ordinance

(1) This Part amends the Traffic Regulation Amendment of

Ordinance, and shall be read and construed as one with the Traffic the

Regulation

Regulation Ordinance, hereinafter in this Part referred to as "the Ordinance.

principal law".

(2) The provisions of this Part shall come into force on such

date as the Minister responsible for transport may by notice in the

Gazette establish, and different dates may be so established for

different purposes of this Part.

Article 2 of the principal law shall be amended as follows

(a)

the definition "motor-car" shall be deleted, and for

the words "motor-car" or "motor-cars" wherever they appear in

the principal law there shall be substituted the words "motor

vehicle" or "motor vehicles" respectively;

(b) immediately after the definition "motor bus" there

shall be inserted the following new definition

"the words "motor vehicle" mean any vehicle

propelled by mechanical power;"; and

(c)

in the definition "owner” the words "or a ferry-boat"

shall be deleted.

Articles 5 to 11 and articles 13 and 14 of the principal law

shall be deleted.

Subarticle (6) of article 16A of the principal law shall be

substituted by the following

"(6) Every person who contravenes any of the provisions

of this article shall be guilty of an offence and shall on

conviction be liable -

(a) for a first offence, to a fine (multa) not

exceeding five thousand euro (€5,000); for a second

offence, to a fine (multa) not exceeding seven thousand

euro (€7,000) or to imprisonment for a period of not more

than three months; for a third or subsequent offence, to a

fine (multa) not exceeding ten thousand euro (€10,000) or

to imprisonment for a period of not more than six months

or to both such fine and imprisonment;

(b) to the immediate suspension or revocation of

any prescribed permit, licence or authorisation;

(c)

any prescribed penalty points; and

(d)

the confiscation of the taxi-car for a period of

(i) not less than one month but not

exceeding three months for a first offence;

(ii) not less than three months but not

exceeding six months for a second offence; and

(iii) not less than six months but not

exceeding twelve months for a second and

subsequent offence.".

Article 34 of the principal law shall be amended as Amendment of

article 34 of the

principal law.

(a)

for the marginal note thereto, there shall be

substituted the words "Driver of passenger vehicle used for hire

or reward to be in possession of identification tag"; and

(b) in subarticle (1) thereof, for the words "a public

transport vehicle" there shall be substituted the words "a

passenger vehicle used for hire or reward", and immediately

after the words "that it may be easily seen," there shall be

inserted the words "unless otherwise prescribed,".

In article 37 of the principal law, for the words "under Amendment of

article 37 of the

article 32" there shall be substituted the words "under article 43".

principal law.

Articles 38, 42, 46 and 47 of the principal law shall be Deletion of

articles 38, 42,

46 and 47 of the

principal law.

In paragraph (i) of subarticle (2) of article 54 of the Amendment of

principal law, for the words "and ferry-boats" there shall be article

principal law.

substituted the words "on ferry-boats".

Subarticles (5) and (6) of article 55 of the principal law Amendment of

article 55 of the

shall be deleted.

principal law.

Article 58 of the principal law shall be deleted.

Deletion of

article 58 of the

principal law.

Article 62 of the principal law shall be amended as Amendment to

article 62 of the

principal law.

(a) for subarticle (2) thereof there shall be substituted

the following

"(2) Any Police officer or a local warden in whose

opinion any such contravention has been committed, may

hand over to the owner or driver, or affix to the

windscreen, of the motor vehicle used in the commission

of the contravention, a notice containing a general

description of the contravention and such other

information or requirements as the Minister may prescribe

by regulations made under this subarticle."; and

(b) for subarticle (3) thereof there shall be substituted

the following

"(3) Where any notice has been handed over or

affixed as is provided in subarticle (2), the owner or driver

of the motor vehicle, as the case may be, or any other

person who accepts responsibility for the contravention

referred to in the said notice, may, within ten days of the

notice, call at the place referred to in the notice, produce

all such documents therein referred to and pay the fine set

out in the second column of the said Schedule in respect of

that contravention, or such person shall send those

documents and payment of the fine by registered post or by

any other means shown in that notice.".

In the Second Schedule to the principal law, the words

"Failure to perform trip by motor bus ................................ 23.29" and

"Non-issue of ticket to passenger showing fare paid or issue of wrong

ticket ................................ 11.65" shall be deleted.

PART II

Amendments to the Land Acquisition (Public Purposes)

Ordinance

This Part amends the Land Acquisition (Public Purposes)

Ordinance and it shall be read and construed as one with the Land

Acquisition (Public Purposes) Ordinance, hereinafter in this Part

referred to as "the principal law".

Article 2 of the principal law shall be amended as follows

(a)

the words " "historical building" means land which"

shall be substituted by the words " "historical building" means

land, other than land consisting of cultural property constituting

religious cultural heritage of the type referred to in article 52 of

the Cultural Heritage Act, which:"; and

(b) in paragraph (b) thereof the words "other than

cultural property of the type referred to in article 52 of the said

Act" shall be deleted.

PART III

Amendments to the Department of Health (Constitution)

Ordinance

This Part amends the Department of Health (Constitution) Amendment to

Ordinance and it shall be read and construed as one with the the

of Health

Department of Health (Constitution) Ordinance, hereinafter in this (Constitution)

Ordinance.

Part referred to as "the principal law".

Article 4 of the principal law shall be substituted by the Substitution of

article 4 of the

following

principal law.

"4. (1) The Head of the Department of Health shall be

the Chief Government Medical Officer.

(2) There shall also be a Superintendent of Public

Health who shall carry out those functions assigned to him

under the Public Health Act or any other law.".

In article 5 of the principal law for the words "shall belong Amendment of

to the department" there shall be substituted the words "shall also article

principal law.

belong to the department".

PART IV

Repeal of the Public Transport (Regulation of Employment) Act

This Part repeals the Public Transport (Regulation of Repeal of the

Public Transport

Employment) Act.

(Regulation of

Employment)

Act.

The Public Transport (Regulation of Employment) Act is Repeal of the

Public Transport

hereby repealed.

(Regulation of

Employment)

Act.

PART V

Amendments to the Āieh ir-Repubblika Act

This Part amends the Āieh ir-Repubblika Act and it shall Amendment of

be read and construed as one with the Āieh ir-Repubblika Act, the

Repubblika Act.

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

Subarticle (1) of article 29 of the principal Act shall be Amendment of

article 29 of the

amended as follows

principal Act.

(a)

immediately after the words "diplomatic relations

with Malta", there shall be added the words "or any

international organisation of which Malta is a member"; and

(b) for the words "by any such State or Sovereign Order

after the commencement", there shall be substituted the words

"by any such State, Sovereign Order or any international

organisation after the commencement".

PART VI

Amendments to the Local Councils Act

(1) This Part amends the Local Councils Act and it shall

be read and construed as one with the Local Councils Act, hereinafter

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

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

responsible for Local Councils may by notice in the Gazette appoint,

and different dates may be so appointed for different purposes and for

different provisions of this Part.

Article 31 of the principal Act shall be amended as

follows

(a)

in the marginal note thereof, the words "and Deputy

Mayor" shall be deleted;

(b)

subarticles (2) and (4) thereof shall be deleted; and

(c)

subarticle (3) thereof shall be renumbered as

subarticle (2).

Subarticle (4) of article 37 of the principal Act shall be

deleted.

Immediately after article 37 of the principal Act, there

shall be added the following new article

" Regional

(1) There shall be five regions

Committees.

as established in the Eleventh Schedule.

(2)

(a)

Each Regional Committee

shall be chaired by a Chairman to be elected

from among all Councillors of the localities

forming that Region.

(b) Each Local Council forming

part of that Region shall appoint its

representative to form part of the Regional

Committee.

(c)

The

Regional

Deputy

Chairman shall be appointed from among the

members of the Regional Committee as

appointed by the Local Councils.

(3)

The Regional Committee shall

appoint a person to act as Executive Secretary

to the same committee from among those

persons forming part of the pool mentioned in

article 49.

(4)

Any change of a locality from one

region to another may be made by the

Minister after consultation with the Local

Councils Association and shall be effected

after considering the geographical aspect, the

total population in each region and the

number of Local Councils in each region.

(5)

The functions of Regional

Committees shall be those established by the

Minister by regulations to be made following

consultation with the Local Councils

Association.

(6)

The Regional Committees may

also make bye-laws according to articles 34,

35, 36 and 36A which shall mutatis mutandis

apply to the making of such bye-laws.

(7)

The Regional Committees shall be

appointed for such time as the Minister may

by order establish.

(8)

The Minister may also by

regulations establish the practice and

procedure relating to the working of the

Regional Committees.".

PART VII

Amendments to the Value Added Tax Act

27. (1) This Part amends the Value Added Tax Act and it Amendment of

shall be read and construed as one with the Value Added Tax Act, the

Value Added

Tax Act.

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

(2) The provisions of paragraph (b) of article 28 and paragraph

(a) of article 29 shall come into force on such a date as the Minister

responsible for finance may by notice in the Gazette establish.

28. Article 21 of the principal Act shall be amended as

(a) in the proviso to subarticle (4) thereof, for the words

"judgement is delivered by the Court of Appeal (Inferior

Jurisdiction), as the case may be." there shall be substituted the

words "judgement is delivered by the Court of Appeal (Inferior

Jurisdiction), as the case may be:" and immediately thereafter

there shall be added the following new proviso

"Provided further that the Minister may by

regulations prescribe conditions under which part or all the

interest incurred under this subarticle may be remitted.

Such regulations may also make provision for the

remission of any interest due under the Value Added Tax

Act, 1994, and under the Customs and Excise Tax Act.";

and

(b) immediately after subarticle (4) thereof, there shall

be added the following new subarticle

"(4A) Notwithstanding the other provisions of this

article, no interest shall be due where a return required to

be furnished under article 27 is furnished in an electronic

format through the established web portal designated for

the purpose by the Commissioner, together with payment

of the tax due on the return, not later than seven days

following the date on which the tax becomes payable under

the provisions of this Act.".

29. Article 42 of the principal Act shall be amended as

(a)

in paragraph (c) of subarticle (1) thereof, for the

words "the administrative penalty for that default." there shall

be substituted the words "the administrative penalty for that

default;" and immediately thereafter there shall be added the

following new paragraph

"(d) no administrative penalty under article 38

shall be due where a return required to be made in terms of

article 27 or a declaration required to be made in terms of

article 30(1) is furnished in an electronic format through

the established web portal designated for the purpose by

the Commissioner, together with payment of the tax due on

the return, not later than seven days from the date on which

the said return or declaration should have been submitted

under the provisions of this Act."; and

(b) immediately after subarticle (3) thereof, there shall

be added the following new subarticle

"(4) The Minister may by regulations prescribe

other conditions under which part of, or all, the

administrative penalty incurred under articles 37 to 41 may

be remitted. Such regulations may also make provision for

the remission of any administrative penalties due under the

Value Added Tax Act, 1994, and under the Customs and

Excise Tax Act.".

PART VIII

Amendments to the Malta Resources Authority Act

30. This Part amends the Malta Resources Authority Act and it Amendment of

shall be read and construed as one with the Malta Resources the

Resources

Authority Act, hereinafter in this Part referred to as "the principal Authority

31. Article 5 of the principal Act, shall be amended as follows: Amendment of

article 5 of the

principal Act.

(a) subarticle (2) thereof shall be substituted by the

following

"(2) The Authority shall, in consultation with the

Minister, establish Directorates, Units, Divisions and

Sections as appropriate, and vested with such

responsibilities as it may decide and which it may vary

from time to time, as it deems appropriate.";

(b) in subarticles (3), (4), (5), (6) and (7) thereof, for the

word "Directorates" wherever it appears, there shall be

substituted the words "Directorates, Units, Divisions and

Sections", and for the word "Directorate" wherever it appears,

there shall be substituted the words "Directorate, Unit, Division

and Section"; and

(c)

in subarticle (9) thereof, for paragraphs (a), (b) and

(c) there shall be substituted the following

"(a) assume full responsibility for the overall

supervision and control of the Directorates, Units,

Divisions and Sections;

(b) assign to each Directorate, Unit, Division and

Section such duties which he considers necessary or

expedient;

(c) co-ordinate the workings of the Directorates,

Units, Divisions and Sections;".

32. Immediately after article 31 of the principal Act, there

shall be added the following new articles

" Proceedings

31A. (1) The

Authority,

before

when imposing

imposing an administrative penalty upon any

administrative

person who infringes or fails to comply with -

fines.

(a)

any provision of this Act;

(b) regulations made thereunder;

(c)

any other law which the

Authority is entitled to enforce;

(d) any directive or decision

given by the Authority whether under this

Act, regulations made thereunder or

under any other law which the Authority

is entitled to enforce; or

(e)

any

condition

of

any

authorisation granted under this Act,

shall by judicial letter to the person

concerned -

(i) give notice of the

administrative penalty that may be

imposed by the Authority;

(ii) give notice of the

specific reason why such penalty

may be imposed;

(iii) give notice of the

amount of the penalty;

(iv) demand that the person

concerned rectify the acts or

omissions committed by such

person and, or make submissions to

the Authority within a specified

time

Provided that such time may

not be of more than twenty days and

of not less than five days from the

date of service of the judicial letter

Provided further that the person, against

whom an administrative penalty may be

imposed, shall be given a reasonable

opportunity during such period of time as may

be stipulated in the judicial letter to make

submissions to the Authority and to propose

any remedies that rectify the acts or omissions

required by the Authority to be so rectified.

(2)

In the judicial letter mentioned in

subarticle (1), the Authority may impose such

conditions as it may consider reasonable in the

circumstances.

(3)

If the person concerned remedies

the infringement within the period established

by the Authority in accordance with subarticle

(1), and agrees in writing to abide with any

conditions that the Authority may impose, the

Authority shall desist from proceeding any

further

Provided that if the person concerned, after

having been bound in writing as stated above,

fails to remedy the infringement within the

period established by the Authority in

accordance with subarticle (1) or fails to abide

with any conditions agreed to in writing, the

Authority shall impose against such person an

administrative penalty for such failure, in

addition to the administrative penalty which

may be imposed for the infringement itself.

(4)

If, after the lapse of the period

mentioned in subarticle (1), the Authority

considers that the person concerned has not

given any valid reasons to demonstrate why no

administrative penalty should be imposed

against such person, the Authority shall

proceed to impose such administrative penalty.

(5)

Notwithstanding

any

other

provision of this article, where the Authority

has prima facie evidence that the

infringement -

(a) represents an immediate and

serious threat to public safety or public

security or public health; or

(b) creates or may create serious

economic or operational problems for

other providers of resources or for

consumers,

the Authority may shorten the periods

mentioned in subarticle (1)

Provided that the person against whom

such administrative penalty is imposed shall be

given a reasonable opportunity to state any

views and propose any possible remedies.

(6) The judicial letter referred to in

subarticle (1), upon the expiry of the time limit

for appeal therefrom, and upon the service of a

copy thereof by means of a judicial act on the

person liable to the payment of the

administrative penalty, shall constitute an

executive title for all effects and the purposes

of paragraph (a) of article 253 of the Code of

Organization and Civil Procedure

Provided that if the person, against whom

the judicial letter has been issued, files an

appeal before the Appeals Board, and

concurrently with or before the filing of the

appeal requests the Appeals Board to suspend

the effects of the judicial letter, then the

Authority shall desist from issuing a judicial

act as referred to in this subarticle until the

request of suspension has been determined,

withdrawn or otherwise dealt with

Provided further that the Appeals Board

shall determine any requests for suspension

referred to in this subarticle expeditiously.

Before determining any such request the

Appeals Board shall give the Authority a

reasonable opportunity to reply and make its

submissions, within a period not less than three

working days.

(7)

Interest at the rate of eight per cent

per annum shall run as from the date set by the

Authority for the payment of any

administrative penalty imposed by it. In cases

where the Appeals Board or the Court of

Appeal, as the case may be, after having

upheld an application to suspend the penalty

pending proceedings, finally decides that the

administrative penalty as imposed by the

Authority is due, such administrative penalty

shall be due together with any interests accrued

thereon as from the date originally set by the

Authority for payment including the period

during which the payment of the said penalty

was suspended.

(8)

The Authority shall give its reasons

for any decision taken under this article.

(9)

Notwithstanding the provisions of

any other law, no precautionary warrant or

order shall be issued by any court restraining

the Authority from the exercise of any of the

powers conferred upon it under this Act in

relation to administrative penalties.

(10) In all cases where the Authority

imposes an administrative penalty in respect of

anything done or omitted to be done by any

person and such act or omission also

constitutes a criminal offence, no proceedings

may be taken or continued against the said

person in respect of such criminal offence.

(11) An administrative penalty imposed

by the Authority upon any person shall be

considered a civil debt.

(12) If any person knowingly avoids,

obstructs or refuses service of any judicial act

issued under this article, such person shall be

guilty of an offence and shall be liable, on

conviction, to a fine (multa) of not more than

seventy thousand euro (€ 70,000).

31B. Where

an

administrative

Administrative

infringements

infringement breaches -

by bodies

corporate.

(a)

any provision of this Act;

(b)

regulations made thereunder;

(c)

any other law which the

Authority is entitled to enforce;

or any person -

(i)

fails to comply with any

directive or decision given by the

Authority whether under this Act,

regulations made thereunder or under any

other law which the Authority is entitled

to enforce; or

(ii) fails to comply with any

condition of any authorisation granted

under this Act, and the infringement is

committed by a body corporate and is

proved to have been committed with the

consent, or involvement of, or to be

attributable to, any gross negligence on

the part of a person being a director,

manager, secretary or other officer,

however so described, of such body

corporate or a person who was purporting

to act in any such capacity,

such person and such body corporate, shall be

responsible for the said infringement and shall

be jointly and severally liable for the payment

of any administrative penalty imposed by the

Authority as a consequence thereof.".

33. Immediately after subarticle (5) of article 34 of the

principal Act, there shall be added the following new subarticles

"(6) The right of appeal to the Appeals Board shall be

competent to any person aggrieved by the decision

Provided that in any case, a person making an appeal to the

Appeals Board shall also require a direct interest in impugning

the decision or directive appealed from.

(7)

Without prejudice to the provisions of article 31A -

(a) an appeal from a decision or directive of the

Authority shall be made by application and shall be filed

with the secretary of the Appeals Board within thirty days

from the date on which the said decision or directive has

been notified in writing to the party appealing or published

in the Gazette whichever is the earlier, as the case may be;

and

(b) the application of appeal shall be served on

the Authority, which shall not later than twenty days from

such service file its reply thereto with the secretary of the

Appeals Board.".

34. In subarticles (1) and (2) of article 37 of the principal Act, Amendment of

for the words "Second Schedule", wherever they occur, there shall be article

principal Act.

substituted the word "Schedule".

35. Immediately after article 39 of the principal Act there shall Addition of new

article to the

be added the following new article

principal Act.

" Debt

The provisions of article 466 of the

recovery

Code of Organisation and Civil Procedure shall

procedure.

apply to the Authority in the same manner as

they apply to Government Departments.".

36. The First Schedule to the principal Act shall be deleted, Deletion of First

and the Second Schedule thereto shall be restyled as the Schedule

principal Act.

"SCHEDULE".

PART IX

Amendments to the Plant Quarantine Act

37. This Part amends the Plant Quarantine Act and it shall be Amendment of

read and construed as one with the Plant Quarantine Act, hereinafter the

Quarantine Act.

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

38. In article 2 of the principal Act, immediately after the Amendment of

definition "phytosanitary certificate" there shall be added the article

principal Act.

following new definition

"Plant Health Service" means the office empowered to

carry out plant health inspections and examinations and to

implement the provisions of this Act;".

39. Article 4 of the principal Act shall be amended as follows

Amendment of

article 4 of the

principal Act.

(a) in paragraph (d) of subarticle (1) thereof, for the

words "a representative from the educational sector" there shall

be substituted the words "a representative from the University

of Malta", and for the words "and the Water Services

Corporation" there shall be substituted the words ", the

Department of Agriculture and the Malta Resources Authority";

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

subarticle (3) thereof; and

(c)

immediately after subarticle (1) thereof, there shall

be added the following new subarticle

"(2) The Minister shall designate an officer of the

Department to act as Secretary of the Board.".

40. In article 10 of the principal Act for the words "the Police"

there shall be substituted the words "inspectors or any authorised

officer".

In article 26 of the principal Act for the words "the Prime

Minister" there shall be substituted the words "the Minister".

Article 27 of the principal Act shall be substituted by the

following

" Assistance of

27. For the purpose of enforcing the

members of

provisions of this Act, the Director may

the Police

request the assistance of members of the Police

Force.

Force or any authorised officer, and the

provisions of article 10 shall apply to anything

seized in the execution of such powers.".

Immediately after article 29 of the principal Act, there

shall be added the following new article

" Administrative

29A. Where the Director has reasonable

penalties.

cause to believe that -

(a) an offence against this Act

has been committed by any person; and

(b) having regard to the previous

conduct of the person concerned, it

would be appropriate to impose a penalty

under this article,

he may cause a notice in writing in accordance

with subarticle (2) in the appropriate form to be

served on that person.

(2) A notice under subarticle (1) shall

specify -

(a) the date and nature of the

offence;

(b) a summary of the facts upon

which the allegation that an offence has

been committed is based (being a

sufficient summary fully and fairly to

inform the person of the allegation

against him);

(c)

any other matter (not being

previous convictions) that the Director

considers relevant to the imposition of a

penalty; and

(d) the amount of the penalty

due, and, where the penalty due depends

on a previous conviction, the date of such

conviction,

and shall be endorsed on a statement setting

out the provisions of this article.

(3) Any person on whom a notice under

subarticle (1) is served may, within thirty days

after such service, by notice in writing in the

appropriate form served on the Director,

require that proceedings in respect of the

alleged offence shall be dealt with by the

Court, in which case the following provisions

shall apply

(a)

no further proceedings shall

be taken under this article by the

Director; and

(b) nothing in this article shall be

construed as preventing the institution of

any proceedings in respect of the alleged

offence or the conviction of the person

for the offence by the Court or the

imposition of any penalty or forfeiture

under this Act upon such conviction.

(4) Any person on whom a notice under

subarticle (1) is served who does not wish that

proceedings in respect of the alleged offence

shall be dealt with by the Court may by notice

in writing served on the Director -

(a)

admit the offence, and

(b) pay the amount of the penalty

to the Director within thirty days after the

notice of the penalty is served or after

such subsequent period as the Director

may determine.

(5) Where under this article a person

admits an offence, the Director shall impose a

monetary penalty on that person in respect of

the offence amounting to one third of the

maximum penalty to which the person would

be liable if he were convicted of the offence by

the Court.

(6) The

penalty

imposed

under

subarticle (5) shall be due as a civil debt

enforceable by the competent Court of civil

jurisdiction in favour of the Government and

the declaration by the person on whom the

penalty is imposed that he admits the charge

shall constitute an executive title for the

purposes of article 253 of the Code of

Organization and Civil Procedure in the same

manner as if it were a judgement of the

competent Court of civil jurisdiction.

(7) Notwithstanding

any

other

provision of this Act or of any other enactment,

where an offence has been admitted under this

article no charge may be laid in respect of the

offence against any person by whom it has

been admitted.

(8) Where a person on whom a notice

under subarticle (1) is served does not, within

thirty days after the notice is served on him,

admit the offence, the Director shall institute

proceedings or cause proceedings to be

instituted before the Court in respect of the

alleged offence.".

Subarticle (1) of article 30 of the principal Act shall be

substituted by the following

"(1) Any person who acts in violation of this Act or in

breach of any regulations made thereunder, shall -

(a) on a first conviction, be liable to a fine

(multa) of not less than two hundred euro (€200) but not

exceeding two thousand euro (€2,000);

(b) on a second or subsequent conviction be

liable to a fine (multa) of not less than one thousand euro

(€1,000) but not exceeding twenty thousand euro

(€20,000),

or to a term of imprisonment for a period not exceeding one

year, or to both such fine and imprisonment.".

Subarticle (1) of article 32 of the principal Act shall be Amendment of

article 32 of the

amended as follows

principal Act.

(a)

in paragraph (s) thereof, for the words "within such

protected zones; and", there shall be substituted the words

"within such protected zones;";

(b) in paragraph (t) thereof, for the words "to particular

pests and diseases.", there shall be substituted the words "to

particular pests and diseases; and"; and

(c)

immediately after paragraph (t) thereof, there shall

be added the following new paragraph

"(u) to establish a national plant health laboratory

and regulate plant health laboratory analysis.".

PART X

Amendments to the Animal Welfare Act

This Part amends the Animal Welfare Act and it shall be Amendment of

read and construed as one with the Animal Welfare Act, hereinafter in the

Welfare Act.

this Part referred to as "the principal Act".

Subarticle (1) of article 45 of the principal Act shall be Amendment of

article 45 of the

substituted by the following

principal Act.

"(1) Any person who acts in violation of this Act or in

breach of any regulations made thereunder, shall

(a) on a first conviction, be liable to a fine

(multa) of not less than five hundred and euro (€500) but

not exceeding thirty thousand euro (€30,000);

(b) on a second or subsequent conviction be

liable to a fine (multa) of not less than four thousand euro

(€4,000) but not exceeding fifty thousand euro (€50,000),

or to a term of imprisonment for a period not exceeding one

year, or to both such fine and imprisonment.".

PART XI

Amendments to the Employment and Industrial Relations Act

This Part amends the Employment and Industrial Relations

Act and it shall be read and construed as one with the Employment

and Industrial Relations Act, hereinafter in this Part referred to as "the

principal Act".

Subarticle (1) of article 43 of the principal Act shall be

substituted by the following

"(1) The Minister shall appoint such officers of the

department responsible for employment and industrial relations

or other persons acting on behalf of the Director as the Minister

may think fit to be inspectors for the purposes of this Act.".

Subarticle (6) of article 64 of the principal Act shall be

amended as follows

(a) in paragraph (f) thereof, for the words "the

community:" there shall be substituted the words "the

community;" and immediately after paragraph (f) there shall be

added the following new paragraph

"(g) such number of persons in such posts as the

Minister responsible for transport may by notice in the

Gazette prescribe, as being necessary to provide service at

the level of one-half of the public passenger transport

services in Malta and Gozo and one-half of the scheduled

public ferry services between Malta and Gozo and it shall

be deemed to be an implied condition of the contract of

employment of any employee employed in the public

passenger transport services and scheduled ferry transport

services that the said employee shall be obliged to perform

duties as directed by the employer thereof in order to

constitute the number designated as aforesaid and any

employee failing to perform such duties without

justification shall be liable to dismissal:"; and

(b) immediately after the proviso thereto there shall be

added the following new proviso

"Provided further that for the purpose of paragraph

(g) the term "public passenger transport services" shall

have the same meaning as that assigned to it in the

Authority for Transport in Malta Act.".

PART XII

Amendments to the Authority in Malta for Transport Act

This Part amends the Authority in Malta for Transport Act Amendment of

and it shall be read and construed as one with the Authority in Malta the

Malta for

for Transport Act, hereinafter in this Part referred to as "the principal Transport

Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a) immediately after the definition "loss or damage"

there shall be inserted the following new definitions

" "M2 vehicle" means a motor vehicle comprising

more than eight seats in addition to the driver’s seat, and

having a maximum mass not exceeding 5 tonnes;

"M3 motor vehicle" means a motor vehicle

comprising more than eight seats in addition to the driver’s

seat, and having a mass exceeding 5 tonnes;";

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

be added the following new definition

" "motor route bus" means an M2 or M3 vehicle

which, by virtue of its type of construction and equipment,

is suitable for carrying passengers, and is intended for that

purpose and which is licensed to operate a public

passenger transport service in terms of any regulation

made under this Act;"; and

(c) in the definition "public passenger transport

services" for the words "means passenger transport services"

there shall be substituted the words "means regular passenger

transport services".

In paragraph (g) of article 7 of the principal Act for the Amendment of

words from "enter into" to the words "such services" there shall be article

principal Act.

substituted the words "enter into a contract of service or other binding

instrument with one or more operators to provide such services,

whether on an exclusive basis or otherwise, as the Authority may

determine".

For paragraph (b) of subarticle (1) of article 36 of the Amendment of

article 36 of the

principal Act there shall be substituted the following

principal Act.

"(b) The immovable assets which immediately before the

coming into force of this Act were owned by the Government

and used for the exercise of any of the functions which by this

Act are being transferred to or vested in the Authority shall by

virtue of this Act and without any further assurance be

transferred to and vested in the Authority under the same title by

which they were held by the Government before the coming into

force of this Act.".

Immediately after subarticle (7) of article 43 of the

principal Act, there shall be added the following new subarticle

"(8) Regulations, rules and orders made under any of the

provisions of this Act may be made in the English language

only.".

Article 46 of the principal Act shall be amended as

follows

(a) subarticles (4) and (5) thereof shall be renumbered

as subarticles (5) and (6) respectively; and

(b) immediately after subarticle (3) thereof there shall

be inserted the following new subarticle

"(4) Where a public passenger transport service

contract is awarded to a person or persons on an exclusive

basis, any motor route bus licence other than that of the

person to whom the contract is awarded or any

subcontractors thereof known and approved by the

Authority shall be withdrawn as from such date as the

Minister responsible for transport may prescribe.".

Passed by the House of Representatives at Sitting No. 339 of the

13th April, 2011.

M ICHAEL F RENDO

Speaker

P AULINE A BELA

Clerk to the House of Representatives