ACT No. III of 2016 AN ACT to establish and ensure an inter-ministerial lifelong approach favouring physical education and healthy balanced diets for a healthy lifestyle and reducing the level of non-communicable diseases throughout all age groups.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

15th January, 2016

ACT No. III of 2016

AN ACT to establish and ensure an inter-ministerial lifelong

approach favouring physical education and healthy balanced diets

for a healthy lifestyle and reducing the level of non-communicable

diseases throughout all age groups.

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 Healthy Lifestyle Short title and

coming into

Promotion and Care of Non-Communicable Diseases Act, 2016.

force.

(2) The provisions of 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 or different purposes

of this Act.

In this Act, unless the context otherwise requires

"Advisory Council" means the Advisory Council on Healthy

Lifestyles established by article 4;

"curriculum" means the National Curriculum Framework for all

schools at compulsory educational level as provided for in the

Education Act and includes centres and facilities for children under the

age of compulsory education;

"the Minister" means the Minister responsible for health;

"schools" shall have the same meaning assigned to it in the

Education Act'';

"specialist" means a health care professional whose name is

entered in the appropriate part of the specialist register kept by the

relevant Council in accordance with the Health Care Professions Act;

"Superintendent" means the Superintendent of Public Health as

defined in the Public Health Act.

The purpose of this Act is to establish and ensure an inter-

ministerial lifelong approach favouring physical education and healthy

balanced diets for a healthy lifestyle reducing the level of non-

communicable diseases throughout all age groups.

PART II

Advisory Council on Healthy Lifestyles

(1) There shall be established an Advisory Council on

Healthy Lifestyles.

(2) The Advisory Council shall be composed as follows

(a)

a person nominated by the Prime Minister, who shall

be the Chairman;

(b) a public health consultant nominated by the Prime

Minister who shall act as Secretary to the Council;

(c)

a person nominated by the Minister responsible for

health;

(d)

a person nominated by the Minister responsible for

education;

(e)

a person nominated by the Minister responsible for

finance;

(f)

a person nominated by the Minister responsible for

social policy;

(g)

a person nominated by the Minister responsible for

sports;

(h) a person nominated by the Minister responsible for

local government; and

(i)

a person nominated by the Minister responsible for

home affairs.

(3) The Minister may appoint sub-committees of the Advisory

Council which shall be set up to deal with different and specific

matters related to a healthy lifestyle after consultation with, or after

having received a request or recommendation from, the Advisory

Council.

(4) The Advisory Council shall meet at least once a month and

as often as necessary and shall regulate its own procedures.

(1) It shall be the duty of the Advisory Council, in Functions and

general, to provide advice on any matter related to healthy lifestyles. duties

Advisory

Council.

(2) In particular, but without prejudice to the generality of the

foregoing, it shall be the duty of the Advisory Council to

(a)

advise the Minister on matters relating to health,

physical activity and nutrition;

(b) advise the Minister on policies, action plans and

regulations intended to reduce the occurrence of non-

communicable diseases among the general public;

(c)

upon the request of any other Minister advise such

Minister on such matters as may be required in order to achieve

the objectives of this Act;

(d) encourage an inter-ministerial approach to issues

related to physical activity and a healthy lifestyle; and

(e)

encourage a lifelong approach, from intrauterine life

till old age, to physical activity and a healthy lifestyle.

PART III

Power to make Regulations

The Minister may, after consultation with the Advisory

Council, make regulations to give better effect to the provisions of

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

such regulations may in particular provide for or refer to

(a)

the education and promotion of healthy lifestyles

and physical activity for persons of all ages, from intrauterine

life to old age;

(b)

food consumption in schools and in their proximity;

(c)

investment and expenditure by local councils to

promote healthy lifestyles;

(d) nutritional qualities of food consumed in institutions

licensed by public authorities including, but not limited to, old

people’s homes and day centres;

(e)

an integrated approach for the promotion of food for

healthy lifestyles;

(f)

the regulation of marketing of products which may

have adverse effects on healthy lifestyles; and

(g) any other related issue in the achievement of the

promotion of healthy lifestyles.

PART IV

Administration

(1) This

Act

shall

be

administered

by

the

Superintendent.

(2) The provisions of articles 3 to 24 of Part II of the Public

Health Act shall, mutatis mutandis, apply in relation to the

administration of this Act and any regulations made thereunder.

PART V

Offences and Penalties

(1) Regulations made under this Act may provide for

criminal offences which shall not be liable to a punishment higher

than a fine (multa) of two thousand and five hundred euro (€2,500).

(2) Regulations made under this Act may provide for

administrative penalties which shall not exceed two thousand and five

hundred euro (€2,500) and for the procedures that may lead to the

imposition of such penalties.

(3) Any person who contravenes any provision of any

regulations made under this Act, shall be guilty of an offence against

this Act and shall, on conviction, be liable, in the absence of specific

punishments being provided for in the said regulations, to a fine (multa)

of not less than two thousand and five hundred euro (€2,500).

Proceedings against any person for any offence against any Proceedings in

of the provisions of this Act shall be taken before the Court of case

offence.

Magistrates (Malta) or Court of Magistrates (Gozo) as a Court of

Criminal Judicature in accordance with the provisions of the Criminal

Code.

The provisions of article 121D of the Criminal Code shall, Proceedings

mutatis mutandis, apply where a person is found guilty of an offence against

corporate.

against this Act, sohowever, that the punishment to which the body Cap. 9.

corporate shall be liable, shall be that of a fine (multa) of not more than

two thousand and five hundred euro (€2,500).

Notwithstanding the provisions of the Criminal Code, the Right of appeal

Attorney General shall always have a right of appeal to the Court of by

General.

Criminal Appeal from any judgement given by the Court of Magistrates Cap. 9.

(Malta) or (Gozo) in proceedings arising out of the provisions of this

Act.

Passed by the House of Representatives at Sitting No. 342 of the

11th January, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

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