ACT No. XXIV of 2016 AN ACT to amend the Equal Opportunities (Persons with Disability) Act, Cap. 413, and to provide for matters ancillary or consequential thereto.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

10th May, 2016

ACT No. XXIV of 2016

AN ACT to amend the Equal Opportunities (Persons with

Disability) Act, Cap. 413, and to provide for matters ancillary or

consequential thereto.

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 Equal Opportunities

(Persons with Disability) (Amendment) Act, 2016, and this Act shall

be read and construed as one with the Equal Opportunities (Persons

with Disability) Act, hereinafter referred to as ''the principal Act''.

Article 2 of the principal Act shall be amended as follows

(a)

immediately after the definition "assistive means''

there shall be added the following new definition

'' ''Board'' means the Board established by

means of article 20A;'';

(b) immediately after the definition "Board" there shall

be added the following new definition

" "child" means a minor under the care and

custody of the natural or adoptive parents, or under

the care of foster carers.".

(c) immediately after the definition "Commission" there

shall be added the following new definition

" "communication" includes languages, the

showing of texts, communication by means of

touch, Braille, large font, accessible multimedia as

well as communication by means of writing, audio,

easy readable format, human or multimedia readers

or interpreters, accessible means and formats of

communication

and

technological

communication;";

(d) immediately after the definition "contract of

service" there shall be added the following new definition

" "Convention" refers to the United Nations

Convention on the Rights of Persons with

Disabilities adopted by the General Assembly of

the United Nations on the 13th December 2006,

and any Optional Protocol together with the

Reservations as affirmed and ratified by Malta on

the 30th March 2007 and the 9th November 2012

respectively;";

(e) immediately after the definition "Convention" there

shall be added the following new definition

" "Commissioner" means the Commissioner

for the Rights of Persons with Disability appointed

according to article 21, and includes any official

duly authorised to act in his name for a specific aim

or a category of aims under this Act;";

(f)

the definition "Commission" shall be substituted by

the following new definition

" "Commission" shall mean the Commission

for the Rights of Persons with Disability as

established under article 21;";

(g) immediately after the definition "Commissioner"

there shall be added the following new definition

" "Council" means the Council for the Rights

of Persons with Disability as appointed and

constituted according to the provisions of article

24;";

(h)

the definition "family member" shall be amended as

(i)

in paragraph (b) thereof for the words

"the spouse" there shall be substituted the words

"the spouse or the partner";

(ii)

paragraph (d)

thereof

shall

be

substituted by the following

"(d) foster carers;"; and

(iii) immediately after paragraph (d)

thereof there shall be added the following new

paragraph

"(e) a legal tutor or curator, of that

individual;";

(i)

immediately after the definition "family member"

there shall be added the following new definition

" "foster carer" shall have the same

definition as provided for under the Foster Care

Act;";

(j)

the definition "harassment" shall be substituted by

the following new definition

" "harassment" means when a person is

exposed to an act, request, or conduct which is not

desired, including words, gestures or conduct, the

showing or dissemination by any means of written

words, images and any other material which may

be reasonably considered offensive, humiliating,

hostile, degrading or intimidating with regard to

that person;";

(k) immediately after the definition "impairment" there

shall be added the following new definition

" "language" includes any verbal languages,

by means of signs, which includes, but does not

exclude, the Maltese Sign Language and any other

non-verbal languages;";

(l)

immediately after the definition "language" there

shall be added the following new definition

" "mental disorder" shall have the same

meaning as that provided for under the Mental

Health Act;";

(m) the definition "Minister" shall be substituted by the

following new definition

" "Minister" means the Minister responsible

for disability and the development of this sector,

and includes any person duly authorised by the

relevant Minister to act in his name for a specific

act or category of acts under this Act;";

(n) immediately after the definition "Minister" there

shall be added the following new definition

" "minor" means those persons who have

not attained the age of majority as defined under

the Civil Code;";

(o) in paragraphs (a) and (b) of the definition "qualified

person with a disability" for the words "Part III" there shall be

substituted the words "Part IV";

(p) in the definition "reasonable accommodation" for

the word ''alterations'' there shall be substituted the words

''necessary alterations'';

(q) immediately after the definition "reasonable

accommodation" there shall be added the following new

" "rights of persons with disability" includes

the rights of persons with disability referred to in

the United Nations Convention on the Rights of

Persons with Disabilities adopted by the General

Assembly of the United Nations on the 13th

December 2006, and any Optional Protocol

together with the Reservations as affirmed and

ratified by Malta on the 30th March 2007 and the

9th November 2012 respectively;"; and

(r)

in the definition "voluntary organisation"

immediately after the words "Voluntary Organisations Act"

there shall be added the words "the committee of which is

formed by at least fifty one per cent of persons with disability or

family members of persons with disability who cannot represent

themselves, so however that the executive functions are

exercised by persons with disability or family members of

persons with disability who cannot represent themselves. This

definition also includes groups of persons with intellectual

disabilities aided by persons without disability.".

The headings of Parts II, III, IV, V, VI and VII of the

principal Act shall be renumbered as Parts III, IV, V, VI, VII and VIII

respectively.

Article 3 of the principal Act shall be renumbered as

article 3A, and shall be amended as follows

(a)

sub-article (1) thereof shall be renumbered as sub-

article (6), and in the said sub-article for the words "against

another person" there shall be substituted the words "with

another person";

(b) sub-article (2) thereof shall be renumbered as sub-

article (7), and in the said sub-article for the words "of sub-

article (1)(a)" there shall be substituted the words "of sub-article

(6)(a)"; and

(c)

immediately after sub-article (6), as renumbered,

thereof there shall be added the following new sub-articles

"(1) A person discriminates with another

person in a multiple manner if apart from the

disability there exists discrimination inter alia due

to gender, age, civil status, sexual orientation, race,

ethnicity, beliefs, skin colour, trade union

affiliation or political belief.

(2)

A person would be discriminating with

another person due to disability if such person

inhibits the free thought, social and economic

improvement, and the integration in society of that

person.

(3)

A person would be discriminating with

another person due to disability if such person

deprives the other person from the protection and

rights provided by law.

(4)

There is discrimination when a person

(a) fails to provide full access to a person

with disability for all those actions provided by

law; or

(b) fails to furnish information with regard

to the rights of the other person by means of

communication which the other person can

understand; or

(c) fails to offer help to the other person in

procedures linked to an investigation, the giving of

evidence and other similar procedures; or

(d) knowingly limits or by any other act

inhibits the enjoyment of any right acquired by the

other person both inter vivos or causa mortis

Provided that the preceding paragraphs

include in particular the behaviour listed therein,

but without prejudice to the generality of the

conduct referred to in this Act and in the

Convention.

(5)

A person would be discriminating with

another person due to that person’s disability if

such refers to that other person or addresses him or

her in a language which is disrespectful. This

applies both to a person with disability in an

individual or a collective manner, as well as to

persons with a disability, both directly as well as by

references on all means of communication, such as,

but not limited to, broadcasting, publishing and

correspondence.".

Immediately before Part III, as renumbered, of the Addition of a

new Part in the

principal Act there shall be added the following new Part

principal Act.

"PART II

RIGHTS OF PERSONS WITH DISABILITY

3. (1) Every person has an intrinsic

persons with

right to life, dignity, respect and mental

reproductive and physical integrity, and the State

shall guarantee this right to persons with

disability, both before and after their birth.

(2) Every person has a right to know at

the first possible opportunity whether he or she

has any disability. Therefore every person has a

right to a diagnosis which shows if he or she has

any disability. So however that the State has the

duty to provide information and an early and

comprehensive intervention as well as services

and help to children with disability and to their

families.

(3) Whoever

abandons,

hides,

segregates, abuses, persecutes and exploits

persons with a disability shall be guilty of an

offence under this Act.

(4) Every person with a disability shall

have the right to family life and upbringing as

any other person.

(5) Every person with a disability shall

enjoy the same fundamental rights and freedoms

of the individual without discrimination as

declared in the Constitution of Malta. The State

shall ensure that the exercise of such rights is

also guaranteed when together with the

disability there are also other factors inter alia

gender, age, ethnicity, beliefs, skin colour, trade

union affiliation and the political belief of the

person with disability.

(6) Every person with a disability shall

have the right of freedom of expression, opinion

and association, including the freedom to search,

receive and provide information and ideas on an

equal basis with others and by means of any

form of communication of his or her choice.

(7) Every person with a disability shall

have the right to reach his or her maximum

physical, sexual, reproductive, emotional, social,

artistic and intellectual capacities.

(8) Every person with a disability shall

have the right to take those decisions which

affect his or her life and which he or she deems

as good for him or her after being aided to do so

in the case of a request for help.

(9) Every person with a disability shall

have the right to form a family or a civil union,

as the case may be, as any other person.

(10) The State shall ensure that no

discrimination is exercised against persons with

disability with regard to marriage, family, their

responsibilities as parents and relationships. In

no case shall a parent be separated from his child

due to a disability of the child or of any of the

parents, or of both parents, and no person with

disability shall be separated from his or her

family due to his or her disability

So however that every decision shall be

taken in the best interest of the children who

have or do not have a disability; and the same

interests shall be established by means of a full

consultation with the person with disability by a

competent authority according to the applicable

laws and procedures, subject to a judicial

examination where the best interest of the child

is to prevail.

(11) The person with disability shall be

free to decide with whom to live.

(12) A person with disability shall have

access to a range of tools of support, community

services and facilities including, but not limited

to, personal assistants, technological equipment

and mobility aid, to ensure an effective

inclusion. Such services shall be available for a

reasonable price and the freedom of choice shall

pertain to the person with disability. The choice

of objects, services and facilities shall reflect the

needs and preferences of the person with

disability.

(13) The person with disability shall have

access to mobility and orientation training, to the

Maltese Sign Language, and the use of

technological equipment.

(14) The assessment of a person with

disability shall be multi-disciplinary and trans-

disciplinary and shall reflect the actual needs

and the qualities of the person.".

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

article 5 of the

principal Act.

(a)

in sub-article (2) thereof for the words "against

another person" there shall be substituted the words "with

another person";

(b) in sub-article (4) thereof for the words "against

another person" there shall be substituted the words "with

another person"; and

(c)

in sub-article (5) thereof for the words "against

another person" there shall be substituted the words "with

another person".

Sub-article (5) of article 7 of the principal Act shall be

amended as follows

(a)

in paragraph (a) thereof for the words "with

disabilities; and" there shall be substituted the words "with

disabilities;";

(b) in paragraph (b) thereof for the words "with a

disability;" there shall be substituted the words "with a

disability; and"; and

(c)

immediately after paragraph (b) thereof there shall

be added the following new paragraph

"(c)

quality and vocational career guide,

which guide shall be free for the person with

disability.".

In sub-article (1) of article 11 of the principal Act for the

words "Part II" there shall be substituted the words "Part III".

In the Maltese version of the heading of Title 3

immediately before article 12 of the principal Act for the word

"DĦUL" there shall be substituted the word "AĊĊESS".

In the heading of Title 6 immediately before article 15 of

the principal Act for the words "TITLE 6" there shall be substituted

the words "TITLE 7".

The heading of Title 5, immediately before article 14 of

the principal Act, shall be substituted by the following new heading

"TITLE 6

ACCOMMODATION".

Immediately after article 13 of the principal Act there

shall be added the following new title

"TITLE 5

HEALTH

(1) A

person

would

be

Health

services.

discriminating with another person due to a

disability if that person is refused the giving of a

health service of the same standard, conditions,

even financial, of a range and quality like that

given to other persons, including but not limited

to that related to sexual and reproductive health.

This also includes, but is not limited to, the

refusal to administer food and fluids to the

person with disability due to that disability.

(2) A person with disability shall also

have a right to the health services required by

persons with disability specifically due to their

disability, including

(a)

the early identification and

intervention as appropriate;

(b) an assessment which reflects

the actual needs and health conditions of

the person with disability; and

(c)

rehabilitation and habilitation

services designed to minimise and prevent

further disabilities

so however that the State shall offer all help as

the case may be.".

13. Article 14 of the principal Act shall be amended as Amendment of

article 14 of the

follows

principal Act.

(a)

in sub-article (1) thereof for the words "Part II" there

shall be substituted the words "Part III"; and for the words

"against another person" there shall be substituted the words

"with another person";

(b) in sub-article (3) thereof for the words "ma’ jkunux"

in the Maltese version there shall be substituted the words "ma

jkunux"; and for the words "where special the services or

facilities" there shall be substituted the words "where particular

services or facilities".

In sub-article (1) of article 20 of the principal Act for the Amendment of

words "regard shall be had" there shall be substituted the words article

principal Act.

"regard shall be had by the Board".

Immediately after article 20 of the principal Act there

Addition of a

new article in

shall be added the following new article

the principal

Act.

" Board to

(1) There shall be a Board to

determine what

determine what is reasonable, for the object of

is reasonable

the preceding article, appointed by the

under this Act.

Commissioner for a period of three years.

(2) The Board shall be composed of

(a)

five persons to represent

organisations, public entities and experts in

the sector;

(b) a technical consultant of the

Commissioner; and

(c)

a member of the committee of a

voluntary organisation as defined under

article 2

So however that the representatives of

public entities and experts in the sector and the

technical consultant of the Commissioner may

from time to time be appointed according to the

nature of the case discussed by the Board.

(3) At least half of the total number of

members of the Board shall be persons with

disability or family members of persons with

disability who cannot represent themselves

So however that the number of persons

with disability shall be higher than the number

of family members of persons with disability

who cannot represent themselves.

(4) The Board shall be presided by the

Chairperson who shall be a person with

disability and who shall preside over every

meeting of the Board, aided by the Vice

Chairperson who shall be a person with

disability.

(5) The Board shall have a Secretary

appointed from amongst officials or employees

appointed by the Commissioner.

(6) The quorum of the Board shall be of

three members, one of whom shall be the

Chairperson or the Vice Chairperson.

(7) The validity of every Board

proceeding shall not be affected by any vacancy

amongst its members or by a defect in the

appointment of a member.

(8) The decisions of the Board shall be

taken by a majority of the members present and

voting. The Chairperson or, in his absence, the

Vice Chairperson, shall have an original and a

casting vote in the case of an equality of votes.

(9) Without prejudice to the provisions

of this Act and of any regulations made

thereunder, the Commissioner shall regulate the

proceedings of the Board.

(10) Together with the members of the

Board there may also be appointed, as observers,

competent officials, appointed by every Ministry

who may from time to time be called by the

Commissioner to assist the Board in its

functions, so however that the Commissioner

may recommend particular officials for this

scope.

(11) Every request made to the Board

shall be made in writing; in the case where the

person wishing to make a request needs help to

formulate such request in an oral form and, or in

writing, it shall be the duty of the Commissioner

to take reasonable steps to provide appropriate

help to that person.

(12) There shall be no appeal from a

decision of the Board.".

16. In the heading of Part VI, as renumbered, of the principal Amendment of

Act for the words "THE NATIONAL COMMISSION PERSONS the

heading of

Part VI of the

WITH DISABILITY" there shall be substituted the words principal Act.

"COMMISSION FOR THE RIGHTS OF PERSONS WITH

DISABILITY".

17. Article 21 of the principal Act shall be substituted by the Substitution of

article 21 of the

following

principal Act.

" Commission

(1) There shall be a Commission

for the Rights

for the Rights of Persons with Disability, which

of Persons with

shall be styled "the Commission", and shall be

Disability.

composed of the Commissioner for the Rights of

Persons with Disability, as appointed under

article 21A, and a Council for the Rights of

Persons with Disability, which shall be styled

"the Council", as appointed under article 24.

(2) The juridical representation of the

Commission shall be vested in the

Commissioner.".

18. Immediately after article 21 of the principal Act there

Addition of new

article to the

shall be added the following new article

principal Act.

" Commissioner

(1) The Prime Minister shall, after

for the Rights of

consultation with the Minister, appoint the

Persons with

Commissioner for the Rights of Persons with

Disability.

Disability, who as far as possible shall be a

person with disability, who shall be styled "the

Commissioner".

(2) A person shall not be qualified to

hold the office of a Commissioner if that person

(a)

is a Minister, Parliamentary

Secretary, Member of the House of

Representatives; or

(b) is serving as a judge or

magistrate; or

(c)

is bankrupt, or has made an

arrangement with his creditors, or is

insolvent or guilty of a voluntary offence

against the person; or

(d) has been found guilty of an

offence which impinges on public trust or

theft or fraud, or knowingly received

property acquired through theft or fraud, of

an offence against the good order of the

family, or a breach of a provision of this

Act or of the Convention; or

(e)

is not capable to perform his

duties; or

(f)

is a member of an organisation

of, or for, persons with disability.

(3) When the person appointed as

Commissioner was, before such appointment, a

public officer, such person shall continue to hold

such office but shall not hold any other office

which is incompatible with the exercise of his

official duties as a Commissioner for the Rights

of Persons with Disability or with the

independence and impartiality expected from

this office or from the public trust therein.

(4) In the exercise of the functions

established under this Act, the Commissioner

shall act independently and shall not be subject

to any direction or control of any person or other

authority.

(5) Without prejudice to the provisions

of sub-article (6), the Commissioner shall hold

office for a period of three years, and shall be

eligible for a reappointment upon termination of

such period.

(6) Unless he vacates the office before

termination,

the

person

appointed

as

Commissioner shall continue to hold office until

another Commissioner is appointed.

(7) The Commissioner may at any time

resign from office by writing to the Minister.

(8) The Commissioner may at any time

be removed or suspended from office by the

Prime Minister after consultation with the

Minister for the reasons of proven inability to

exercise his functions as a Commissioner or

proven misbehaviour or an unjustified absence

of more than fourteen consecutive days or

twenty-eight days within a period of twelve

months.

(9) The Prime Minister may, at any time,

during the absence of the Commissioner, or for

any other temporary purpose when the

Commissioner deems it fit to do so, appoint a

person to act in his office according to this

article, until the Commissioner resumes his

responsibilities under this Act; so however that

the person so appointed shall be eligible to hold

such office according to this Act.".

19. Article 22 of the principal Act shall be amended as Amendment of

article 22 of the

follows

principal Act.

(a)

the present article shall be renumbered as sub-article

(1) of the said article;

(b) in sub-article (1) thereof, as renumbered, for the

words "children, women and men" there shall be substituted the

word "persons";

(c)

in paragraph (k) of sub-article (1) thereof, as

renumbered, the words "including

legal

and

financial

assistance" shall be deleted;

(d) in paragraph (p) of sub-article (1) thereof, as

renumbered, the words "and in order for the Commissioner to

exercise a judicial action he shall be considered to hold the

required juridical interest to exercise such action in his name"

shall be deleted; and

(e)

immediately after sub-article (1) thereof, as

renumbered, there shall be added the following new sub-

articles

"(2) The Commissioner is responsible to

carry out the functions of the Commission;

provided that, the Commissioner may appoint, in

accordance with the provisions of article 26(2), the

officers whom he deems required, in order to

ensure that the functions of the Commission are

carried out.

(3)

The Commissioner may, on behalf of

the Commission, pursue all required actions,

including judicial actions, to ensure that the

provisions of this Act are adhered to, and he shall

be deemed to have the required juridical interest on

behalf of the Commission.".

20. Article 23 of the principal Act shall be substituted by the

following

"23. (1) The Commissioner may appoint one or more

officials or employees to appear and act in his name and on his

behalf in any judicial proceeding and on every act, contract,

agreement or any other document.

(2) A document which shows that it is an instrument

made or issued and signed by the Commissioner shall be

approved as evidence and shall, unless the contrary is proven,

be deemed as an instrument made or issued by the

Commissioner.".

21. Article 24 of the principal Act shall be substituted by the

following

" Council for

(1) There shall be a Council for the

the Rights of

Rights of Persons with Disability appointed by

Persons with

the Minister, to aid the Commissioner in the

Disability.

exercise of his duties, made up of the

Commissioner who shall preside and not less

than fourteen members appointed by the

Minister.

(2) Amongst the Council members, who

shall represent different types of disability and

be representative of society, there shall be

(a)

nine members who are

representative of voluntary organisations

of

persons

with

disability,

after

consultation

with

those

voluntary

organisations;

(b) a

member

who

is

a

representative of the University of Malta;

(c)

a

member

who

is

a

representative of the entities which provide

services to persons with disability;

(d) a

member

who

is

a

representative of residential homes for

persons with disability;

(e)

a member nominated by the

Government; and

(f)

a member nominated by the

Opposition

So however that at least half of the total

number of members of the Council shall be

persons with disability or family members of

persons with disability who cannot represent

themselves.

(3) Together with the Commissioner and

the members of the Council there shall be

appointed, as observers, competent officers by

every Ministry who may from time to time be

called upon by the Commissioner to assist him

in his work, so however that the Commissioner

may recommend particular officers for this

scope.

(4) A person shall not be qualified to be

a member on the Council if that person

(a)

is serving as a judge or

magistrate; or

(b) is bankrupt, or has made an

arrangement with his creditors, or is

insolvent or guilty of a voluntary offence

against the person; or

(c)

has been found guilty of an

offence which impinges on public trust or

theft or fraud, or knowingly received

property acquired through theft or fraud, or

an offence against the good order of the

family, or the breach of a provision of this

Act or of the Convention; or

(d) is not capable to perform his

duties.

(5) Without prejudice to the provisions

of sub-article (6), the members of the Council

shall hold such position for three years, and shall

be eligible for reappointment as members when

the period of such office terminates.

(6) A member may at any time resign

from his office by writing to the Minister.

(7) A member may at any time be

removed or suspended from office by the

Minister

after

consultation

with

the

Commissioner as a result of

(a)

proven inability to perform his

functions as member of the Council; or

(b) proven misbehaviour; or

(c)

unjustified absence for more

than three consecutive meetings; or

(d) if, being a chosen member due

to his representative state, he stops from

holding that representative state; or

(e)

in the case of the happening of

one of the circumstances provided for

under sub-article (4).".

22. Article 25 of the principal Act shall be substituted as

Substitution of

article 25 of the

follows

principal Act.

" Proceedings

(1) The Commissioner shall have a

and workings

right to regulate the proceedings of the Council.

of the Council.

(2) Without prejudice to sub-article (1),

the quorum for Council meeting shall be six

members

present

together

with

the

Commissioner.

(3) The proceedings of the Council shall

be valid notwithstanding any defect in the

appointment of a member, or in the vacancy of

any of the members of the Council.".

23. Article 26 of the principal Act shall be substituted by the Substitution of

article 26 of the

following

principal Act.

" Office of the

(1) The

Commissioner

shall

Commissioner.

occupy the post on a full-time basis on those

terms and conditions as indicated by the

Minister. When the Commissioner is a public

officer seconded from the Government, he shall

have the right, upon termination of his

secondment, to return to the post he used to

occupy without losing his position or seniority.

(2) The Commissioner may appoint,

after consultation with the Minister, the officers

whom he deems required, according to the

approval of the Minister with reference to the

number, remuneration and terms and conditions

of other services.

(3) The Commissioner shall treat as

confidential, all documents and any other

information which is in his possession or under

his control, or which in any manner is brought to

his attention, and which concerns persons with

disability together with any other matter or other

affairs related to the relevant person with

disability, and the obligation of confidentiality

as so put on the Commissioner shall extend to

the officers and employees of the Commission.".

24. In article 28 of the principal Act for the words "its Amendment of

financial year" there shall be substituted the words "the financial article

28 of the

principal Act.

year".

25. Article 29 of the principal Act shall be substituted by the Substitution of

article 29 of the

following

principal Act.

" Financing of

(1) At least two months prior to the

the

end of its financial year, the Commission shall

Commission,

submit to the Minister, a business plan

accounts and

audit.

(including a financial plan) covering the

proposed activities of the Commission during

the following financial year. If approved by the

Minister and by the Minister for Finance, such

business plan shall be the approved budget of the

Commission.

(2) The Commission shall keep proper

accounts of its income and expenditure and shall

prepare and send to the Minister statements of

account in relation to each financial year of the

Commission.

(3) The accounts of the Commission

may be audited by the Auditor General and for

this purpose the provisions of the Financial

Administration and Audit Act shall apply.

(4) The Minister shall, at the earliest

opportunity, cause to be laid on the Table of the

House of Representatives a copy of such

accounts of the Commission.

(5) The

financial

year

of

the

Commission shall be the twelve months ending

on the 31st of December, provided that the first

financial year of the Commission after the

coming into force of this Act shall commence on

the date of the coming into force of this Act and

shall end on the 31st day of December of the

following year.".

26. Article 30 of the principal Act shall be amended as

follows

(a)

in sub-article (2) thereof for the words "for the

different needs of children, women and men with disabilities"

there shall be substituted the words "for the different needs of

persons with disabilities"; and

(b) in sub-article (3) thereof for the word "Commission"

there shall be substituted the word "Commissioner".

27. Article 32 of the principal Act shall be amended as

follows

(a)

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

Commission may itself initiate" there shall be substituted the

words "The Commissioner may, on behalf of the Commission,

himself initiate";

(b) in sub-article (2) thereof for the words "The

Commission may also initiate" there shall be substituted the

words "The Commissioner may also initiate"; for the words

"with the Commission" there shall be substituted the words

"with the Commissioner"; and in the Maltese version for the

words "li tkun irċeviet" there shall be substituted the words "li

jkun irċieva"; and

(c)

in sub-article (3) thereof for the words "If it appears

to the Commission" there shall be substituted the words "If it

appears to the Commissioner"; for the words "duty of the

Commission" there shall be substituted the words "duty of the

Commissioner"; and in the Maltese version for the words "biex

tipprovdi għajnuna" there shall be substituted the words "biex

jipprovdi għajnuna".

28. Article 33 of the principal Act shall be amended as Amendment of

article 33 of the

follows

principal Act.

(a)

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

by the Commission" there shall be substituted the words

"undertaken by the Commissioner"; and in paragraph (a) thereof

for the words "the Commission may require" there shall be

substituted the words "the Commissioner may require"; and

(b) in sub-article (2) thereof for the words "the

Commission may itself refer" there shall be substituted the

words "the Commissioner may itself refer".

29. In paragraph (b) of sub-article (1) of article 35 of the Amendment of

principal Act for the words "of Part III" there shall be substituted the article

principal Act.

words "of Part IV" and for the words "with the Commission" there

shall be substituted the words "with the Commissioner".

Immediately after article 36 of the principal Act there Addition of new

article to the

shall be added the following new article

principal Act.

" Inconsistency

When another law is inconsistent

with this Act.

with this Act, this Act shall prevail when such

inconsistency regards the rights of a person with

disability.".

31. In sub-article (1) of article 188A of the Civil Code for the

words "be subject to guardianship" there shall be substituted the

words "be subject to guardianship; and notwithstanding the

provisions of Sub-title II on Interdiction and Incapacitation, to the

extent possible, the parents of a person of age, with disability, with a

mental disorder and with another condition, which makes such person

incapable of taking care of his or her affairs, shall first seek to place

the person with disability under guardianship before seeking the

interdiction or incapacitation of that person".

32. In article 3 of the Education Act for the words "age, sex,

belief" there shall be substituted the words "age, sex, disability,

belief".

33. On the coming into force of this Act, any pending

application or action which refers to the provisions of the principal

Act shall be regulated by the provisions of the principal Act as

amended by this Act.

Passed by the House of Representatives at Sitting No. 384 of the

3rd May, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€1.98