ACT No. XI of 2016 AN ACT to amend the Police Act, Cap. 164.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

5th February, 2016

ACT No. XI of 2016

AN ACT to amend the Police Act, Cap. 164.

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 Police (Amendment) Short title and

Act, 2016, and this Act shall be read and construed as one with the commencement.

Police Act, hereinafter in this Act referred to as "the principal Act". Cap. 164.

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

Minister responsible for the Police may by notice in the Gazette

establish, and different dates may be so established for different

provisions or different purposes of this Act.

Article 123 of the principal Act shall be amended as Amendment of

article 123 of

follows

the principal

Act.

(a)

the present provision shall be re-numbered as sub-

article (1) of the said article;

(b) in paragraph (e) of sub-article (1) thereof, as re-

numbered, for the words ''Prime Minister'' there shall be

substituted the word ''Minister'', and for the words "and that such

infirmity is likely to be permanent." there shall be substituted

the words "and that such infirmity is likely to be permanent:";

(c)

immediately after paragraph (e) thereof there shall

be added the following provisos to the said paragraph (e)

"Provided that if a Police Officer is, without

his own default, seriously injured during the course

of his duties and due to such injury he is incapable

of discharging the duties of his office, and has been

duly certified as such by an Injuries Board made up

of medical and other professionals appointed by the

Minister responsible for the Police, such officer

may be entitled to pensionable emoluments as if he

had completed the 25 years service

Provided further that, if a Police Officer,

without his own default, dies as a direct

consequence of him having carried out the duties of

his office, his dependants, unless otherwise

precluded at law, will be entitled to the payment of

such pensionable emoluments, as mentioned

hereunder."; and

(d) immediately after sub-article (1) thereof, as re-

numbered, there shall be added the following new sub-article

"(2) For the purpose of sub-regulation

(1)(e), the pensionable emoluments shall be

granted to

(a)

the surviving spouse or

partner of the deceased until such spouse

remarries or such partner contracts

another union of equivalent status in

accordance with the Civil Union Act or

reaches pensionable age; or

(b) in the absence of an eligible

spouse or partner, the child or children of

the deceased until such child or children

attain the age of 18 years or until such

child or children attain the age of 23

years if attending a full-time educational

institution; or

(c)

in the absence of children, a

parent or immediate family relative who

was dependent on him for maintenance,

for a period of 5 years from the death of

the Police Officer subject to the retention

of a state of dependency.

For the purposes of paragraph (b), the

pensionable emoluments shall be granted to

the child or children equally divided and, in

the case of minors, entrusted to their legal

guardian as defined in the Children and Young

Persons (Care Orders) Act.".

The Fifth Schedule to the principal Act shall be amended Amendment of

the Fifth

as follows

Schedule to the

principal Act.

(a) regulation 9 thereof shall be substituted by the

following

"9. Where a Police Officer has sustained a physical

injury on duty leading to a permanent disability -

(a) without his own default; and

(b) during the actual discharge of his duties;

and

(c) is, due to such injuries, incapable of

fulfilling any other role in the Force; and

(d) has been duly certified by an Injuries

Board appointed by the Minister responsible for the

Police in accordance with the first proviso to

paragraph 123(e),

such officer shall be entitled to pensionable emoluments as

if he had completed the 25 years service."; and

(b) regulation 10 thereof shall be substituted by the

following

"10. (1) Where a Police Officer, without

his own default, dies as a direct and immediate

consequence of him having carried out the

duties of his office, his dependants, unless

otherwise precluded at law, shall be entitled to

the payment of such pensionable emoluments

as mentioned hereunder.

(2) For the purpose of sub-regulation

(1), his pensionable emoluments shall be

granted to

(a)

the surviving spouse or

partner of the deceased until such spouse

or partner remarries or contracts a union

of equivalent status in accordance with

the Civil Union Act or reaches

pensionable age; or

(b) in the absence of an eligible

spouse or partner, the child or children of

the deceased until such child or children

attain the age of 18 years or until such

child or children attain the age of 23

years if attending a full-time educational

institution; or

(c)

in the absence of children, a

parent or immediate family relative who

was dependent on him for maintenance

for a period of 5 years from the death of

the Police Officer subject to the retention

of a state of dependency

Provided that the pensionable

emoluments granted to the child or children as

provided in paragraph (b) shall be equally

divided and, in the case of minors, entrusted to

their legal guardian as defined in the Children

and Young Persons (Care Orders) Act.".

Passed by the House of Representatives at Sitting No. 348 of the

25th January, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.54