ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.
Table of Provisions (23)
Statutory Text (23 Articles)
I assent.
M ARIE- L OUISE
(L.S.)
C OLEIRO P RECA
President
29th November, 2016
ACT No. LII of 2016
AN ACT to amend the Aircraft Registration Act, Cap. 503, and
ancillary laws 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:-
(1) The short title of this Act is the Aircraft Registration
(Amendment) Act, 2016.
(2) Words and phrases used in the different parts of this Act
shall have the same meaning assigned to them as is assigned to them
in the applicable principal Act or the applicable Code or the
Regulations, as the case may be.
PART I
Amendments to the Aircraft Registration Act
(1) The provisions of this Part amend the Aircraft
Registration Act, and this Part shall be read and construed as one with
the Aircraft Registration Act, hereinafter in this Part referred to as
"the principal Act".
(2) The provisions of this Part shall come into force on such
date as the Minister responsible for aircraft registration may by notice
in the Gazette establish, and different dates may be so established for
different provisions of this Part.
In the Arrangement of Act of the principal Act, Amendment of
immediately after the reference to the Fourth Schedule there shall be the
Arrangement of
added the following
Act of the
principal Act.
"Fifth Schedule
Aircraft Registration and Other Fees
Part I - Aircraft Registration Fees
Part II - Other Fees
Sixth Schedule
Offences and Administrative Penalties".
Article 2 of the principal Act shall be amended as follows
Amendment of
article 2 of the
principal Act.
(a)
the present article shall be re-numbered as sub-
article (1) of the said article;
(b)
in sub-article (1) as renumbered
(i) in the definition "aircraft", for the words "by
regulations but shall exclude aircraft used in the military,
customs or police services of any State" there shall be
substituted the words "by regulations, including
airframes with aircraft engines installed thereon, but
shall exclude aircraft used in the military, customs or
police services of any State";
(ii) immediately after the definition "aircraft" there
shall be added the following new definition
" "aircraft engines" means aircraft engines
(other than those used in military, customs or
police services) powered by jet propulsion or
turbine or piston technology and together with all
modules and other installed, incorporated or
attached accessories, parts and equipment and all
data, manuals and records relating thereto without
prejudice to any other thresholds which may be
applicable for the purposes of other parts of this
Act;";
(iii) immediately after the new definition "aircraft
engines" there shall be added the following new
definition
" "airframes” means airframes (other than
those used in military, customs and police services)
that, when appropriate aircraft engines are installed
thereon, are type certified by the competent
aviation authority to transport persons or cargo,
together with all installed, incorporated or attached
accessories, parts and equipment (other than
aircraft engines), and all data, manuals and records
relating thereto, without prejudice to any other
thresholds which may be applicable for the
purposes of other parts of this Act;";
(iv) immediately after the definition "resolution"
there shall be added the following new definition
" "security agreement" means an agreement
by which a debtor grants or agrees to grant to a
creditor an interest (including an ownership
interest or a mortgage) in or over an aircraft to
secure the performance of any existing or future
obligation of the debtor or a third person;"; and
(c)
in sub-article (2) thereof, for the words "Where
words used in this Act are defined in the First Schedule, they
shall apply also to the interpretation of the provisions of this
Act." there shall be substituted the words "Where words used in
this Act are defined in the First Schedule, they shall apply, as
defined, also to the interpretation of the provisions of this Act,
unless defined differently or the context requires otherwise.".
Article 3 of the principal Act shall be amended as follows
(a)
in sub-article (4) thereof, the words "in the manner
which reflects the ownership interests in the aircraft" shall be
deleted; and
(b)
sub-article (5) thereof shall be deleted.
Sub-article (2) of article 4 of the principal Act shall be
amended as follows
(a)
in sub-paragraph (ii) of paragraph (a) thereof, for the
words "for use on the aircraft;" there shall be substituted the
words "for use on the aircraft and, when the engines or
replacement engines do not belong to the registrant, the same
details shall be recorded in the National Aircraft Register with
the consent of the owner of the said engines or replacement
engines;";
(b) sub-paragraphs (iv), (v) and (vi) of paragraph (a)
thereof shall be re-numbered as sub-paragraphs (v), (vi) and
(vii) respectively;
(c)
immediately after sub-paragraph (iii) of paragraph
(a) thereof, there shall be added the following new sub-
paragraph
"(iv) the ownership rights in the aircraft or an engine
including when
1. held by a trustee, for a single interest or
more;
2. held by one or more owners;
3. divided into fractional shares or otherwise;
or
4. held under an agreement with reservation
of ownership rights or under conditions affecting
title in terms of article 31.
The information and documents which are to be
provided to the Director General relating to the above
may be prescribed from time to time;";
(d) in paragraph (b) thereof, for the words "if requested
to do so by the registrant or by any other person who, with the
consent of the registrant, demonstrates" there shall be
substituted the words "if required to do so under the applicable
law or if requested to do so by the registrant or by any other
person who demonstrates"; and
(e)
sub-paragraph (i) of paragraph (b) thereof shall be
deleted and sub-paragraphs (ii), (iii), (iv) and (v) shall be
renumbered as sub-paragraphs (i), (ii), (iii) and (iv)
respectively.
Article 10 of the principal Act shall be amended as Amendment of
article 10 of the
follows
principal Act.
(a)
in sub-article (1) thereof, for the words "in article 9
and the date of issue of such certificate" there shall be
substituted the words "in article 9, the name and address of the
registrant, the name, address and ownership interests or title of
the owner, if different, and the date of issue of such certificate";
(b)
sub-article (2) thereof shall be deleted; and
(c)
sub-articles (3) and (4) thereof shall be re-numbered
as sub-articles (2) and (3) respectively.
In paragraph (d) of sub-article (1) of article 11 of the
principal Act, for the words "registered mortgage or other security
interest" there shall be substituted the words "registered mortgage, an
international interest or other security interest,".
Article 13 of the principal Act shall be amended as
follows
(a) in paragraph (a) of sub-article (1) thereof,
immediately after the words "by operation of law" there shall be
added the words "or by other action on the part of the registrant,
the owner of the aircraft or the authority administering the
previous registration";
(b) in the proviso to paragraph (b) of sub-article (1)
thereof, for the words “registered mortgagee or a holder of a
security interest" there shall be substituted the words "registered
mortgagee or the holder of an international interest or a security
interest,";
(c)
in paragraph (c) of sub-article (1) thereof, for the
words "is no longer a qualified person", there shall be
substituted the words "is no longer a qualified person, or is no
longer entitled to operate the aircraft under the temporary title
or for any other reason";
(d) in the second proviso to paragraph (c) of sub-article
(1) thereof
(i) for the words "registered mortgagee or a holder
of a security interest" there shall be substituted the
words "registered mortgagee or the holder of an
international interest or a security interest"; and
(ii) for the words "until such time as the aircraft has
been transferred to a third party which is not a qualified
person in terms of article 6;" there shall be substituted
the following
"until
(i) such time as the aircraft has been
transferred to a third party which is not a qualified
person in terms of article 6, or
(ii) the holder of the international interest
advises the Director General that the registration is
no longer required to protect its interest;";
(e) in sub-article (2) thereof, for the words "shall be acted
upon in all cases" there shall be substituted the words "shall be acted
upon in all cases unless the holder of the irrevocable deregistration
authorisation which has been registered in the National Aircraft
Register or in the International Registry ranks in priority after any
mortgage or any international interest registered in the National
Aircraft Register or in the International Registry respectively, in
which case the provisions of sub-article (4) shall apply";
(f)
in sub-article (4) thereof
(i) for the words "undischarged mortgage" there
shall be substituted the words "undischarged mortgage
or international interest"; and
(ii) for the words "unless all mortgagees of" there
shall be substituted the words "unless all holders of
registered mortgages or registered international interests
over".
Article 17 of the principal Act shall be substituted by the Substitution of
article 17 of the
following
principal Act.
"17. (1) There shall be charged for the registration of an
aircraft, or of a mortgage over an aircraft and for any other
purpose as may be determined by the Authority the fees as
outlined in the Fifth Schedule.
(2) Without prejudice to the provisions of article 56(2),
the Minister may, with the concurrence of the Minister
responsible for finance, by regulations, amend, add to, vary,
revoke or substitute any schedule, including the Fifth Schedule,
relating to fees or penalties which may be applicable from time
to time.".
Immediately after sub-article (2) of article 25 of the Amendment of
article 25 of the
principal Act, there shall be added the following new sub-article
principal Act.
"(3) In this Part IV, the expression "claims to which the
aircraft is subject" or "aircraft claims" shall be construed to
refer to debts or other obligations secured by mortgages,
international interests or security interests and claims which
enjoy a special privilege under article 42.".
In sub-article (3) of article 26 of the principal Act,
immediately after the words "provisions of the First Schedule," there
shall be added the words "and notwithstanding the provisions of
articles 566 to 584 of the Civil Code,".
Sub-article (5) of article 27 of the principal Act shall be
substituted by the following
"(5) This article shall also apply to any international
interest and, or to any security interest registered in the
International Registry.
(6) The provisions of article 329B of the Companies Act
shall not apply to a Maltese company whose main object or
function is to own, hold, operate, charter, manage or lease any
aircraft or aircraft engine.".
Immediately after article 27 of the principal Act there shall
be added the following new article
" Insolvency
(1) The memorandum and articles
proceedings in
of a company, whose centre of main interests is
case of aircraft
in Malta or is registered in Malta and the sole
companies.
asset of which is an aircraft or aircraft engines
and other related assets (in this article referred to
as an "aircraft company"), can specify that the
right to request any insolvency proceedings in
relation to the aircraft company shall be
exercised only by the holders of a mortgage, an
international interest or a security interest, or
trustees or agents for such persons (in this article
referred to as "preferred creditors"), over such
assets, singly or collectively, including as a class
or classes of creditors, to the exclusion of any
other persons for as long as the interest of the
persons so indicated remains in force.
(2) Where, in the case of an aircraft
company, the aircraft is subject to a registered
mortgage, an international interest, a security
interest or other aircraft claims, having priority
under article 25(1), and
(a)
sub-article (1) applies; or
(b) the sums due to the relevant
preferred creditor or creditors under such
rights appear prima facie to exceed the
value of the aircraft,
the court shall, on the demand by application of
the relevant preferred creditor or creditors as
aforesaid
(i) stay
any
insolvency
proceedings which may have been
instituted; and, or
(ii) desist from issuing any
orders relating to insolvency
proceedings,
until the court is satisfied that there exist excess
funds due to the aircraft company from any
enforcement proceedings, in relation to which
orders relating to insolvency proceedings,
including a winding up order, may usefully be
made.
(3) In the event contemplated in sub-
article (2), the preferred creditor making a
demand under the said sub-article shall, on
making the demand and at such times and in the
manner ordered by the court, be bound to
provide the court with all information available
to him relating to any enforcement proceedings
he is involved in or is otherwise aware of, and in
case paragraph (b) of sub-article (2) applies,
information relating to the value of aircraft and
the claim. In such case the court shall await the
outcome of such enforcement proceedings,
whether private or public as the case may be,
after which it shall issue such orders as it
considers appropriate in the circumstances,
including the summary dismissal of any
applications on the basis of the absence of any
assets available to meet any claims other than
those of the preferred creditors.
The court shall not address or reopen issues
already resolved, agreed between the parties or
determined by any court pursuant to the
provisions of this Act, or a foreign court
otherwise having jurisdiction, prior to such
orders being made.
(4) Any person appointed by a court in
Malta or overseas in any insolvency proceedings
shall not in any way interfere with the exercise
of remedies of the mortgagee, the holder of an
international interest, security interest or other
aircraft claims and, to the extent that he has any
powers under applicable law, he shall exercise
them in support of the remedies of such creditors
under this Act. Should any aircraft come under
his control prior to any creditor having a right to
take possession of an aircraft and, or aircraft
engine, in the exercise of his remedies, then such
person must preserve the aircraft and, or aircraft
engine and maintain it and its value in
accordance with the agreements between the
creditor and the debtor and hand over possession
of the aircraft to the person entitled thereto under
the provisions of this Act or any other applicable
law.
(5) Should it result to the court that
(a)
there are no excess funds
resulting
from
any
enforcement
proceedings; or
(b) ranking of creditor proceedings
have taken place, in Malta or overseas,
over the proceeds of sale of the aircraft, the
result of which is final and binding on all
creditors, and there are no excess funds;
and
(c)
there is no other business of the
aircraft company which needs to be wound
up,
it shall not order the winding up of the aircraft
company but shall instead declare the aircraft
company dissolved and wound up for the above
reasons.
The court shall order the aircraft company to
be struck off the register without further
procedures and this shall take place within three
months from the filing with the Registrar of
Companies of authenticated evidence of the
enforcement proceedings, including the sale of
the aircraft or the closure of ranking of creditors,
which evidence together with a copy of any
decrees of the court, shall be filed at the Registry
of Companies for public notice. In such event,
any residual rights of the aircraft company shall
be vested in the shareholders of the company by
operation of law.
(6) Should it result that there are excess
funds due to the company after enforcement
proceedings as aforesaid where the claims of
preferred creditors are dealt with in a final
manner, the court may order the winding up of
the company in accordance with the applicable
law and the commencement among creditors
who are not preferred as aforesaid of the relative
competing claims procedure under Sub-Title III
of Title VIII of Part I of Book Second of the
Code of Organization and Civil Procedure.
(7) Should the right to demand the
winding up of the aircraft company not be vested
under the memorandum and articles of the
aircraft company in any of the persons referred
to in sub-article (1), and any member of the
aircraft company files such demand on the basis
that there are grounds of sufficient gravity to
warrant the dissolution and winding up of the
aircraft company
(a)
the applicant shall, on making
the demand and at such times and in the
manner ordered by the court, be bound to
provide the court with all information
available to him relating to any aircraft
claims over the aircraft and, or any
enforcement proceedings involving the
aircraft company or of which he is
otherwise aware; and
(b) the court shall only issue such
orders as will not hinder any enforcement
proceedings by the said creditors under the
provisions of this Act, unless otherwise
agreed between all parties; and
(c)
if a preferred creditor provides
evidence that sub-article (2)(b) applies, the
court shall act in accordance with sub-
article (2).
(8) In this article
"company" shall include any legal
organisation of any form, whether constituted
under the laws of Malta or of another state and
shall include also a trust being administered by a
trustee holding relevant assets;
"enforcement proceedings" shall include
actions by any mortgagee, the holder of an
international interest, a security interest and, or
aircraft claimants, whether in Malta or overseas,
under article 33, 33A, 33B and 33C of this Act
or any judicial sale proceedings under applicable
law;
"insolvency
proceedings"
means
bankruptcy, liquidation, administration, winding
up, company reconstruction or other collective
judicial or administrative proceedings, including
interim proceedings, in which the assets and
affairs of the debtor are subject to control or
supervision by a court, a liquidator, an
administrator or an insolvency practitioner for
the purposes of reorganisation or liquidation;
"related assets" shall include any proceeds
of sale or insurance or requisition compensation,
and all property referred to in article 25(2).
(9) For the avoidance of doubt, the
provisions of the Companies Act relating to
insolvency shall not apply insofar as inconsistent
with this article, the provisions of this Act and in
particular with the First Schedule of this Act.
(10) Nothing in this article shall restrict or
prejudice the right of any creditor to submit its
claim to the court, in order to ensure that the
claim is considered by the court at the
appropriate time, paying regard to the provisions
of this article.".
15. In sub-article (6) of article 30 of the principal Act, for the Amendment of
words "shall not thereafter record any security interest in the National article
principal Act.
Aircraft Register in accordance with this Part, until the prohibitory
notice is withdrawn by the creditor" there shall be substituted the
words "shall not thereafter record any mortgage or other security
interest in the National Aircraft Register in accordance with this Part,
until the prohibitory notice is withdrawn by the creditor, or unless the
creditor enjoying the benefits of the prohibitory notice grants prior
written consent".
16. Article 31 of the principal Act shall be amended as Amendment of
article 31 of the
follows
principal Act.
(a) in sub-article (3) thereof, immediately after the
words "registration of a mortgage", there shall be added the
words "or at any time after the registration of a mortgage but
only with the written consent of the mortgagee"; and
(b) in sub-article (5) thereof, for the words "The
registration of such a charge or reservation", there shall be
substituted the words "The registration of such a special
privilege, charge or reservation".
17. Article 33 of the principal Act shall be amended as Amendment of
article 33 of the
follows
principal Act.
(a)
sub-articles (4), (5), (6), (7) and (8) thereof shall be
re-numbered as sub-articles (5), (6), (7), (8) and (9)
respectively; and
(b) immediately after sub-article (3) thereof there shall
be added the following new sub-article
"(4) The mortgagee may alternatively apply to the
court for an order authorising or directing any of the acts
referred to in sub-article (1) and may apply to the court
for the judicial sale of the aircraft or engine in which
case sub-articles (5) to (8) shall apply.".
18. Immediately after article 33 of the principal Act there shall Addition of new
articles to the
be added the following new articles
principal Act.
" Further
(1) Any sum collected or received
remedies of
by the mortgagee as a result of the exercise of
mortgagee.
any of the remedies set out in article 33 and
including sums in reimbursement of any
reasonable costs in the exercise of such remedies,
shall be applied by the mortgagee towards
discharge of the secured obligations, subject to
the satisfaction of any prior rights of creditors
under Part V or Part VII.
(2) Unless otherwise ordered by the court,
in the event that there are excess funds after the
exercise carried out by the mortgagee under sub-
article (1) including any reasonable costs
incurred for such purpose, the mortgagee shall
pay the surplus as follows
(a)
to creditors with subsequently
ranking rights or interests of which the
mortgagee has been given notice, in order
of priority according to applicable law; and
(b) thereafter, pay any remaining
balance to the mortgagor.
(3) In the event of disagreement as to the
ranking between the mortgagee and, or the
creditors having claims against the aircraft or
engine, the mortgagee or any creditor satisfying
the court of its claim on the aircraft or engine, or
proceeds thereof, may apply to the court for the
court to establish the ranking among themselves,
or other preferred creditors who may join the
proceedings within a period established by the
court, for the purposes of this article. Persons
who do not prove to the court that they have a
preferred claim shall not be permitted to
participate in the proceedings at this stage.
(4) The court may order sufficient
security to be provided by the mortgagee over the
proceeds held by the mortgagee, but not in
excess of such proceeds, pending the
determination of the application referred to in the
preceding sub-article.
(5) This article does not apply to the case
of an aircraft being sold through a judicial
auction or a private sale authorised by the court
on the enforcement of a mortgage, international
interest or security interest, but may be applied
with the consent of the court if (a) all the parties
to the proceedings have agreed to its application
or (b) the mortgagee acquires the aircraft in the
judicial auction in set-off, in full or partially, of
its claims.
(6) In carrying out its functions under this
article the mortgagee shall, with respect to funds
held by it, be subject to fiduciary duties in favour
of other creditors participating in the process and
this until the allocation of funds has been agreed
or finally determined by the court, or the
proceeds which are not allocated to its claim are
deposited under authority of the court or such
other person as may be agreed among the parties.
(1) This article applies at any time
Vesting of
aircraft object in
after a default has occurred and notice in writing
satisfaction by
way of set-off.
thereof has been given to the debtor.
(2) The mortgagee, other preferred
creditors and the mortgagor may agree that
ownership of (or any other interest of the
mortgagor, including any lessor rights) any
aircraft covered by the mortgage shall vest in the
mortgagee in or towards satisfaction of the
secured obligations.
(3) Irrespective of any agreement under
the preceding sub-article, the court may, on the
application of the mortgagee, order that
ownership of (or any other interest of the
mortgagor) any aircraft covered by the mortgage
is to vest in the mortgagee in or towards
satisfaction of the secured obligations.
(4) The court shall grant an application
under the preceding sub-article only if the
amount of the secured obligations, after taking
into account any payment to be made by the
mortgagee to any of the preferred creditors, to be
satisfied by such vesting is more than the value
of the aircraft.
(5) At any time before the sale of the
mortgaged aircraft or the making of an order
under sub-article (3), the mortgagor or any
interested person may discharge the mortgage by
paying in full the amount secured, and any
amount paid by the mortgagee to any of the
preferred creditors, subject to any lease granted
by the mortgagee pursuant to its powers under
article 33(1)(d).
(6) Where, after such default, the payment
of the amount secured, and any amount paid by
the mortgagee to any of the preferred creditors, is
made in full by an interested person other than
the debtor, that person is subrogated to the rights
of the mortgagee.
(7) Ownership or any other interest of the
mortgagor passing on a sale to a third party under
article 33(1)(b) or passing to the mortgagee
under sub-article (2) or (3) of this article shall be
free from any other interest over which the
mortgage has priority under the provisions of this
Act.
(8) The mortgagee may designate a fully
owned subsidiary or a controlled entity in which
the ownership of the aircraft (or any other
interest of the mortgagor) may be vested for the
purposes of this article.
(9) The provisions of articles 358 to 364
of the Code of Organization and Civil Procedure
shall apply to any applications to the court under
sub-article (3), mutatis mutandis.
(1) The
mortgagor
or
the
Meaning of
default.
mortgagee may at any time agree in writing as to
the events that constitute a default or otherwise
give rise to the rights and remedies specified in
articles 33 to 33B and other provisions of this
Act.
(2) Where the mortgagor and the
mortgagee have not so agreed, "default" for the
purposes of this Act means
(a)
the fulfilment of a condition
under which the dissolution of the
agreement between the mortgagor and the
mortgagee was expressly covenanted or a
failure by a party to perform his
obligations; or
(b) a change in the financial
condition of the mortgagor as provided for
in article 1079 of the Civil Code; or
Cap 16.
(c)
a default which substantially
deprives the mortgagee of what it is entitled
to expect under the agreement between the
mortgagor and the mortgagee.
(3) When a default has taken place and a
notice thereof is given to the mortgagor and any
guarantor, in accordance with this Act or the
agreement between the parties, such notice shall
be valid and binding and all effects at law and
under any agreement between the parties shall
arise without the need of any determination by
any court as to whether a default has occurred or
not, as to whether the benefit of time has been
lost or not and as to whether any rights are
immediately enforceable or not.
(4) Where a mortgagee exercises his
rights in the preceding articles, and in any
valuation for the purpose, he must exercise such
rights in accordance with any agreement between
the parties and in any event in a commercially
reasonable manner and in good faith so as to
ensure fair treatment for the mortgagor.".
19. Immediately after article 37 of the principal Act there shall Addition of new
articles to the
be added the following new articles
principal Act.
" Correction of a
(1) A correction of an erroneous
mortgage.
indication or omission in a registered mortgage,
including an amendment mortgage, of any one or
more of the particulars specified in sub-article (2)
may be effected by the Director General by
means of a corrective or additional entry in the
National Aircraft Register, on the production of
the following documents
(a)
a declaration signed by the
mortgagee referring to the said mortgage
and indicating the correction to be made;
and
(b) such other evidence as the
Director General may require.
(2) The correction of an erroneous
indication or addition of an omission as referred
to in sub-article (1) may be effected with
reference to the following particulars
(a)
details of the aircraft or aircraft
engine;
(b) the date of any agreement or
document referred to in the said mortgage;
(c) the name and, or address of any
person or organisation referred to in the
said mortgage; or
(d) any other typographical error in
the said mortgage.
(3) The correction of any of the above
particulars in a registered mortgage or the
addition of any omission shall not affect the
validity or priority of the mortgage, or any of the
rights or powers of the mortgagee.
It shall be lawful to modify the
Modification of
the registered
registered details relating to a mortgage in the
details relating to
a mortgage.
event of a change in the name or the address of
any of the mortgagor or the mortgagee, resulting
from corporate events, including shareholder or
director resolutions, amalgamations, divisions or
similar events. This shall be made by means of a
note submitted by the mortgagee to the Director
General together with any evidence of the change
of name or address. The Director General shall
thereupon make an annotation in the National
Aircraft Register reflecting such modifications.".
20. Article 41 of the principal Act shall be amended as
follows
(a)
in sub-article (4) thereof
(i) for the words "security interest" there shall be
substituted the words "security interest and, or an
international interest";
(ii) for the words "Code of Organization and Civil
Procedure where:" there shall be substituted the words
"Code of Organization and Civil Procedure."; and
(iii) paragraphs (a) and (b) thereof shall be deleted;
(b) sub-article (7) thereof shall be substituted by the
following
"(7) Where the holder of a security interest or of an
international interest registered in accordance with the First
Schedule seeks the support of the court in the course of the
exercise of any remedies competent to him in terms of this Act he
shall do so by virtue of an application filed in the competent
court.".
21. Immediately after article 41 of the principal Act there shall Addition of new
article to the
be added the following new article
principal Act.
" Extension of
When the proper law of a conditional
rights under
sale or a lease agreement is Maltese law and a
Maltese law.
security interest in relation thereto is registered in
accordance with the First Schedule, for the
purposes of Maltese law, the owner and, or the
lessor shall enjoy the status and powers in
relation to the relevant aircraft as is envisaged in
terms of article 41(3) to (6) without prejudice to
its rights under the First Schedule.".
22. Immediately after sub-article (5) of article 42 of the Amendment of
article 42 of the
principal Act there shall be added the following new sub-article
principal Act.
"(6) The above provisions shall apply to aircraft engines
mutatis mutandis.".
23. Article 44 of the principal Act shall be amended as Amendment of
article 44 of the
follows
principal Act.
(a) in sub-article (3) thereof, for the words "of the
relevant privilege." there shall be substituted the following
"of the relevant privilege, and thereafter shall rank
(a) other overriding non-consensual rights and
interests arising under foreign law which do not have
priority under Chapter X of the First Schedule;
(b) any security interest governed by a foreign law
and recognised in accordance with article 41 which shall
rank after the claims referred to in the preceding articles;
and
(c) general hypothecs and privileges, whether
general or over particular movables, which shall rank
after the debts referred to in the preceding articles."; and
(b) for paragraphs (c) and (d) of sub-article (4) thereof
there shall be substituted the following
"(c) rights referred to in sub-article (3)(a) and (b)
shall rank among themselves equally and shall share in
such fund pro rata up to the amount of their claim and
rights referred to in sub-article (3)(c) shall rank among
themselves according to the provisions of the Civil
Code.".
24. Article 53 of the principal Act shall be deleted.
25. Article 56 of the principal Act shall be amended as
(a) the present article shall be re-numbered as sub-
article (1) thereof;
(b) paragraphs (n) and (o) of sub-article (1) thereof, as
re-numbered, shall be substituted by the following
"(n) the definition of aircraft for the purposes of this
Act and for the purposes of the applicability or
interpretation of any other law;
(o) the requirements for registration, the conditions
for operation and generally the regulation of aircraft
when used for peacekeeping operations or humanitarian
purposes, even if configured as military or state
aircraft;";
(c) immediately after paragraph (o) of sub-article (1)
thereof, as re-numbered, there shall be added the following new
paragraphs
"(p) the registration, operation or any matter related
to unmanned aerial systems, unmanned aerial vehicles,
remotely piloted aerial systems or any other similar
system or vehicle; and
(q) any other matter which may be further regulated
for the better implementation of the provisions of this
Act."; and
(d) immediately after sub-article (1) thereof, as re-
numbered, there shall be added the following new sub-article
"(2) The Minister may by regulations amend any of
the provisions of the Schedules to this Act, other than
the provisions of the First Schedule.".
26. Immediately after article 60 of the principal Act there shall Addition of new
article to the
be added the following new article
principal Act.
" Administrative
(1) Notwithstanding any other
sanctions.
provision of this Act, the offences listed in the
First Column of the Sixth Schedule shall be
administrative offences punishable by the
Authority.
(2) The imposition by the Authority of an
administrative sanction in terms of this article
shall be without prejudice to any other
consequences of the act or omission of the
offender under civil or administrative law.
(3) The Authority shall observe the
guarantees of fair and public hearing in its
determination as to whether a person is guilty of
an administrative offence in terms of this article.
(4) When the Authority is satisfied that a
person has committed an offence against any
provision of this Act listed in the First Column of
the Sixth Schedule to this Act, the Authority
may -
(a)
issue a warning in writing to
such person; or
(b) impose
an
administrative
penalty on such person up to an amount as
established in the Second Column of the
Sixth Schedule and subject to the
provisions of paragraph 1 of the said
Schedule
Provided that if such person is found guilty
of more than one offence in the same charge, the
Authority shall only impose the payment of the
higher penalty attributed to the offence in the
same charge as listed in the Sixth Schedule
Provided further that the Authority may also
impose a suspended penalty which penalty shall
be paid within such period as the Authority may
establish. The Authority may also determine such
conditions, limitations and restrictions both with
regard to the penalty and the suspended penalty
as it may deem fit.".
27. Immediately after the Fourth Schedule to the principal Act
there shall be added the following new schedules
"Fifth Schedule
(Article 17)
AIRCRAFT REGISTRATION AND OTHER FEES
Part I
Aircraft Registration Fees
1. The following charges are payable to the
Director General for the issue of a Certificate of
Registration in respect of an aircraft
Aircraft in respect of which application is made
Charge
payable
Aeroplanes having an empty weight not
exceeding 150 kg, a wing area of not less than 10
square metres, and a wing loading not exceeding
10kg per square metre at empty weight and
which are designed to carry not more than 2
persons ...............................................................
€60
Any other aircraft whose maximum take-off
mass
does not exceed 750 kg ...............................
€80
exceeds 750 kg but not 2730 kg ..................
€150
exceeds 2730 kg but not 5700 kg ................
€220
exceeds 5700 kg but not 15 tonnes ..............
€300
exceeds 15 tonnes but not 50 tonnes ...........
€450
exceeds 50 tonnes .......................................
€750
2. Upon making an application for a revised Certificate of
Registration, the following charges shall apply
(i) if due to change of address, or other technical details,
a fee of €50;
(ii) if due to change of legal ownership of the aircraft, a
charge equal to the 50% of the fee as would be payable for
the issue of the initial Certificate;
(iii) if for a replacement Certificate of Registration or
aircraft De-registration, the registered owner of the aircraft
shall pay €50.
Part II
Other Fees
3. Upon making an application for the reservation of a
customised out of sequence registration mark a charge of €250,
in addition to the registration fee, shall be payable to the
Director General.
4. Upon the registration of an Irrevocable De-registration and
Export Request Authorisation (I.D.E.R.A.) a charge of €100
shall be payable to the Director General.
5. Upon the registration of a mortgage in terms of the Act, a
charge of €500 shall be payable to the Director General.
6. Upon the registration of an amendment mortgage in terms
of the Act, a charge of €250 shall be payable to the Director
General.
Sixth Schedule
(Article 61)
ADMINISTRATIVE SANCTIONS
First Column
Second Column
Provision
Penalty
€
Article 11(1)(a)
2,000
Article 11(1)(b)
2,000
Article 11(1)(c)
2,000
Article 11(1)(d)
2,000
Article 13(1)(c)
5,000
Article 13(1)(g)
5,000
Article 13(1)(h)
5,000
Article 16(1)
5,000
Article 16(2)(a)
5,000
Article 16(2)(b)
5,000
Article 20(3)
2,500
Article 20(4)
2,500
The Authority may inflict on any person who has violated
any of the provisions listed in the First Column of this Schedule
the corresponding penalty listed in the Second Column of this
Schedule.".
PART II
Amendments to the Code of Organization and Civil Procedure
28. (1) The provisions of this Part amend the Code of
Organization and Civil Procedure, and this Part shall be read and
construed as one with the Code of Organization and Civil Procedure,
hereinafter in this Part referred to as "the Code".
(2) The provisions of this Part shall come into force on such
date as the Minister responsible for Justice, in consultation with the
Minister responsible for aircraft registration, may by notice in the
Gazette establish, and different dates may be so established for
different provisions of this Part.
29. In article 328 of the Code, immediately after the words "or
of ships," there shall be added the words "or of aircraft,".
30. In paragraph (c) of sub-article (1) of article 742E of the
Code, for the words "equivalent international interest" there shall be
substituted the words "international interest registered in terms of the
Aircraft Registration Act".
31. Immediately after article 742F of the Code, there shall be
added the following new articles
" Jurisdiction in
742G. Save as otherwise provided by law,
rem against
the civil courts of Malta shall have jurisdiction in
aircraft engines.
rem over aircraft engines in the following claims
(a)
any claim to the ownership, or
title to or of an aircraft engine, or to the
ownership of any share therein;
(b) any claim for possession of the
aircraft engine;
(c)
any claim in respect of an
international interest in an engine which
international interest is registered or
recognised in terms of the Aircraft
Registration Act;
(d) any claim giving rise to a
special privilege over an engine in terms of
article 42(1) of the Aircraft Registration
Act;
(e)
any claim based on a registered
non-consensual right or interest registered
in the International Registry in terms of the
First Schedule and article 42(2) of the
Aircraft Registration Act.
742H. (1) An action in rem may be
Action in rem in
cases mentioned
brought against the relevant aircraft engine
in article 742G.
before the civil courts of Malta on a claim
mentioned in article 742G when
(a)
the claim arises in connection
with that aircraft engine;
(b) the person who would be liable
on the claim for an action in personam ("the
relevant person") was, when the cause of
action arose, the owner or lessee of, or in
possession or in control of the aircraft
engine, if at the time when the action is
brought the relevant person is either an
owner or beneficial owner of that aircraft
engine or the lessee of that aircraft engine
under a dry lease agreement; and
(c)
the relevant threshold for the
issue of a warrant of arrest of the aircraft or
seizure of an aircraft engine as provided in
article 865E is satisfied.
(2) Notwithstanding the provisions of the
previous sub-article, in the case of a claim in
terms of article 742E(1)(e) in respect of an
aircraft engine, an action in rem may be brought
before the civil courts of Malta against the
aircraft engine only if, at the time when the
action is brought, it is beneficially owned by the
person who would be liable on the claim in an
action in personam.".
32. Article 865A of the Code shall be amended as follows
Amendment of
article 865A of
the Code.
(a)
sub-articles (2) and (3) thereof shall be re-numbered
as sub-articles (3) and (4) respectively;
(b) immediately after sub-article (1) thereof there shall
be added the following new sub-article
"(2) (a)
A precautionary warrant of arrest may
be issued on an aircraft to which an aircraft engine is
attached to secure a debt or claim, whether in personam
or in rem which could be frustrated by the departure of
the said aircraft with the aircraft engine, and for as long
as the aircraft engine is attached to an aircraft no other
warrant may be issued against an aircraft or the aircraft
engine unless it is a warrant of arrest. Such warrant of
arrest may be issued notwithstanding the fact that the
aircraft is owned by a different person than the owner of
the aircraft engine.
(b)
When such a warrant of arrest of an
aircraft is issued in relation to any engine attached to the
aircraft, the person having possession or control of the
aircraft may, without leave of Court, take all such
actions as may be within his powers to remove the
engine from the aircraft so as to be able to continue with
the operations of the aircraft. The person having
possession or control of the aircraft shall be obliged to
place the engine under the authority of the Court
Marshall executing the original warrant and notify the
Authority for Transport in Malta and when such action is
taken the Court shall immediately release the aircraft
from the effects of the warrant, which warrant shall
continue to apply only to the relevant engine without the
need for any other procedure by the claimant.
In the event of any opposition, the Court shall, on
demand, issue all such orders as may be necessary.
(c)
without prejudice to the rights referred
to in the preceding sub-articles, when an aircraft engine
is not attached to an aircraft, a precautionary warrant of
seizure as described in article 846 or, if it is in
possession or under the control of a third party, a
precautionary garnishee order as described in article 849
may be issued in relation to an aircraft engine without in
any way affecting any aircraft to which it may be
connected, commercially, under any contract or in any
register."; and
(c)
immediately after sub-article (4) thereof, as re-
numbered, there shall be added the following new sub-articles
"(5) (a)
A court seized of the proceedings
relating to the issue of a warrant of arrest of an aircraft,
shall also be competent to hear any applications and
issue any orders on the application of the owner of any
engine which may be attached to the aircraft and which
does not belong to the owner of the aircraft.
(b)
The owner of an engine which does not
belong to the owner of the aircraft to which the engines
are attached and which may have been arrested as
aforesaid shall be entitled to intervene in any
proceedings relating to the arrest of the aircraft and
make any applications and submissions to the court
seized of the warrant of arrest in order to protect its
rights and interests relating to the engine.
(c)
Any court receiving any application by
the owner of an engine in terms of this sub-article shall
immediately order its service upon the person having
possession or control of the aircraft and rule on any such
application expeditiously and within a maximum period
of two working days from when any such applications
are made.
(d)
In this sub-article the term "owner" of an
engine shall include any mortgagee or holder of any
international interest or other security interest over the
engine.
(6) (a)
Any court seized of the proceedings
relating to a warrant of arrest, seizure or garnishee
intended to operate in relation to an aircraft engine
which is attached to an aircraft owned by a different
person, shall also be competent to deal with any
applications for the protection of the rights and interests
of the owner of the aircraft.
(b)
The owner of such aircraft shall be
entitled to intervene and make submissions to the court
dealing with a warrant of arrest, seizure or garnishee
intended to operate in relation to an aircraft engine in
order to protect his rights and interests.
(c)
A court shall not consider the inability
of the aircraft to operate without the relevant engine to
be a good and sufficient ground for denying the request
for the issue or for revoking the warrant intended to
operate in relation to an aircraft engine.
(d)
Any court receiving any application by
the owner of an aircraft in terms of this sub-article shall
immediately order its service upon the owner of the
engine and rule on any such application expeditiously
and within a maximum period of two working days from
when any such application is made.".
33. Immediately after sub-article (3) of article 865B of the
Code there shall be added the following new sub-article
"(4) Notwithstanding the provisions of sub-article (1),
where aircraft engines are not owned by the owner of the
aircraft, the effect of the warrant of arrest applies to the engine
only to the extent that the application for the warrant of arrest
expressly states that the warrant is also intended to operate in
relation to the engine and in all other cases it shall be presumed
that if the engines are not owned by the owner of the aircraft,
the warrant is not intended to extend to the engines and the
Authority for Transport or the Court shall act on such
presumption if petitioned by the owner of the engines who also
provides satisfactory evidence of his title to the engines.
In this sub-article the term "owner" of an engine shall
include any mortgagee or holder of any international interest or
other security interest over the engine.".
34. Article 865E of the Code shall be substituted by the
following
"865E. (1) A warrant may be demanded and obtained
before the Court of Magistrates (Malta) or before the Court of
Magistrates (Gozo) in its inferior jurisdiction or before the First
Hall of the Civil Court in security of a debt or any other claim
whatsoever subject to the following limitations
(a) aircraft
(i) in all cases the amount of the claim must
not be for less than seven thousand euro;
(ii) in case of an aircraft being used for public
air transport of passengers or goods
(aa) for aircraft permitted to carry less
than ten passengers, the claim must not be for
less than two hundred and fifty thousand
euro; and
(bb) for aircraft permitted to carry more
than ten passengers the claim must not be for
less than one million euro;
(b) engines
(i) if the engine is not attached to the aircraft
the claim must be for not less than seven thousand
euro;
(ii) if the engine is attached to an aircraft
referred to in paragraph (a)(ii)(aa) the claim must
not be for less than fifty thousand euro;
(iii) if the engine is attached to an aircraft
referred to in paragraph (a)(ii)(bb) and the engine
is not owned by the owner of the aircraft, the claim
must not be for less than one hundred thousand
euro; and
(iv) if the engine is attached to an aircraft
referred to in paragraph (a)(ii)(bb) and the engine
is owned by the owner of the aircraft, the claim
must not be for less than one million euro.
(2) The limitations on the amount of the claim stated in
this article do not apply to
(a) any claims made by holders of a mortgage or an
international interest or a security interest when such
mortgage or interest has been registered or is recognized
under Part IV or in accordance with Part VI of the
Aircraft Registration Act; or
(b) any claims made by holders of an international
interest for the repossession of an aircraft engine when
such interest has been registered in accordance with Part
VI of the Aircraft Registration Act.
(3) In this article reference to the amount of the claim is
a reference to the principal due and no reference shall be made
to any interest accrued or accruing or to other costs.".
35. Article 865F of the Code shall be substituted by the Substitution of
article 865F of
following
the Code.
"865F. The application for the issue of a warrant of arrest
shall, under pain of nullity, state in a clear manner such
particulars as may enable the identification of the aircraft or the
aircraft engine, the name of the authority in whose hands or
under whose power or control the arrested aircraft or aircraft
engine may be, as well as the place where the aircraft or aircraft
engine is to be found.".
36. Article 865G of the Code shall be amended as follows
(a) the present article shall be re-numbered as sub-
article (1) thereof;
(b) in sub-article (1) thereof, as renumbered, for the
words "eleven thousand and six hundred euro" there shall be
substituted the words "the commercial value of a lease which
the aircraft or aircraft engine may attract, notwithstanding that
the aircraft or engine may not have been subject to an actual
lease, and depending on the type, value and operation of the
aircraft, or engine, and which in no case shall be less than
eleven thousand and six hundred euro"; and
(c)
immediately after sub-article (1) thereof, as re-
numbered, there shall be added the following new sub-article
"(2) The Court shall take into consideration only the
daily lease value and no other type of damages.".
37. Immediately after paragraph 12 of Tariff D of Schedule A
to the Code, there shall be added the following new paragraph
"13. Fees for the approval by the Court of sales in
accordance with Sub-Title V of Title VII of Part I of Book
Second (Of Court Approved Sales of Ships, Vessels and
Aircraft) - there shall be paid a registry fee, calculated on the
sale value of the asset being sold
On the first Euro 1,000,000
1%
From Euro 1,000,001 to Euro 5,000,000
0.5%
From Euro 5,000,001 to Euro 10,000,000
0.1%
Above Euro 10,000,000
0.01%
".
PART III
Amendments to the Civil Code
38. (1) The provisions of this Part amend the Civil Code,
and this Part shall be read and construed as one with the Civil Code,
hereinafter in this Part referred to as "the Code".
(2) The provisions of this Part shall come into force on such
date as the Minister responsible for Justice, in consultation with the
Minister responsible for aircraft registration, may by notice in the
Gazette establish, and different dates may be so established for
different provisions of this Part.
39. Immediately after article 1351 of the Code there shall be Addition of new
article to the
added the following new article
Code.
" Ships and
1351A. (1) Notwithstanding any of the
aircraft.
provisions of this sub-title, any agreement
relating to the sale or purchase of ships or
aircraft, including aircraft engines, shall be
governed by
(a)
the terms and conditions agreed
between the parties as well as by the
international usages of trade applicable in
the context, and in case of conflict with the
provisions of this Code, such terms and
conditions shall prevail; and
(b) the special laws relating to
merchant shipping and civil aviation, as the
case may be.
(2) For the purposes of this article and
sub-article (3) of article 1357, the term "ship"
shall have the same meaning as ascribed to it in
the Merchant Shipping Act and the term
"aircraft" shall have the same meaning as
ascribed to it in the Aircraft Registration Act.".
40. Immediately after sub-article (2) of article 1357 of the Amendment of
article 1357 of
Code there shall be added the following new sub-article
the Code.
"(3) A promise of sale or purchase, by whatever name
called, of ships and aircraft, including an aircraft engine, shall
be regulated by the provisions of any agreement between the
vendor and the purchaser in accordance with its terms as well as
by the international usages of trade applicable in the context.
Sub-article (2) shall not apply in such cases and
(a) the effect of such promise shall cease on the
lapse of time or on the events agreed between the parties
for the purpose; and
(b) any notices which may be required to be given
by the parties may be given by notice in writing in any
manner, including by electronic means.".
41. Immediately after sub-article (2) of article 1526 of the
Code there shall be added the following new sub-articles
"(3) The letting of ships and aircraft, including aircraft
engines, shall be regulated by the provisions of any agreement
between the lessor and the lessee in accordance with its terms as
well as by the international usages of trade applicable in the
context.
Notwithstanding any of the provisions of this sub-title, any
agreement relating to the letting of ships or aircraft or aircraft
engines, shall be governed by
(a) the terms and conditions agreed between the
parties, and in case of conflict with the provisions of this
Code, such terms and conditions shall prevail; and
(b) the special laws relating to merchant shipping
and civil aviation, as the case may be.
(4) The requirement in article 1569 for a notice by
judicial act for the cessation of a lease shall not apply and the
termination of the lease shall be regulated by the agreement
between the parties and any notice of termination which may be
required to be given by any parties may be given by notice in
writing in any manner, including by electronic means.
(5) The lease of a ship or an aircraft, including aircraft
engines, or rights thereunder, shall be immediately dissolved or
terminated by the lessor (or mortgagee who shall be deemed to
have such power unless expressly waived) at any time in the
event of a default and upon notice in writing to the lessee,
notwithstanding the opposition by the lessee, and this without
the need of any authorisation or confirmation by any court that
an event of default has taken place.
In such circumstances the lessor may, after notice to the
lessee, take possession of the ship or aircraft, including an
aircraft engine, in accordance with the agreement between the
parties and may ask the Court for an order authorising or
directing these acts, and the Court shall render full support to
the lessor or the mortgagee as expeditiously as possible.
(6) In the event that the lessor terminates the lease
agreement for reasons which are not
(a) contemplated in the agreement, or
(b) generally valid reasons at law,
the lessee may seek damages for breach of the agreement.
(7)
For the purposes of this article
(a) the term "aircraft" shall have the same meaning
as ascribed to it in the Aircraft Registration Act;
(b) the term "default" means
(i) the fulfilment of a condition under which
the dissolution of the lease was expressly
covenanted or a failure by a party to perform his
obligations; or
(ii) a change in the financial condition of the
lessee as stated in article 1079; or
(iii) a default which substantially deprives the
mortgagee of what it is entitled to expect under the
agreement between the mortgagor and the
mortgagee;
(c) the term "lease" of ships and aircraft shall refer
to the chartering thereof under terms where possession
or control is given to the lessee, including bareboat
charters or the equivalent;
(d) the term "mortgagee" shall include a mortgagee
acting in its capacity as security trustee, bond trustee or
by whatever name called;
(e) the term "ship" shall have the same meaning as
ascribed to it in the Merchant Shipping Act; and
(f) the term "writing" shall include any manner
through which words may be represented and read and
includes notices through electronic means.".
PART IV
Amendments to the Financial Institutions Act
42. (1) The provisions of this Part amend the Financial Amendments to
Institutions Act, and this Part shall be read and construed as one with the
Institutions Act.
the Financial Institutions Act, hereinafter in this Part referred to as Cap. 376.
"the principal Act".
(2) The provisions of this Part shall come into force on such
date as the Minister for Finance may by notice in the Gazette
establish, and different dates may be so established for different
provisions of this Part.
43. Immediately after article 3 of the principal Act, there shall
be added the following new article
" Exemption for
3A. (1) Notwithstanding the provisions
financial leasing
of article 3, any entity, whether established or
of ships and
operating in Malta or otherwise, carrying out the
aircraft.
activity, in or from Malta, of financial leasing and
all related transactions involving
(a)
an aircraft registered or to be
registered in the National Aircraft Register
as defined in the Aircraft Registration Act
or registered in any other jurisdiction
whatsoever and any aircraft engine; or
(b) a ship registered or to be
registered in the register as defined in the
Merchant Shipping Act or registered in any
other jurisdiction whatsoever,
shall not require a licence from the competent
authority for the purposes of this Act, where
(i) such entity is owned and
controlled, or is a subsidiary of, or
exclusively funded by; and
(ii) any
relevant
financial
leasing transaction or the relevant
underlying asset, being an aircraft,
an aircraft engine or a ship, is
exclusively financed by -
persons or entities as described in Annex II to
Directive 2014/65/EU of the European
Parliament and of the Council of 15 May 2014 on
markets in financial instruments, or persons or
entities who are recognised as eligible
counterparties in accordance with Article 30 of
such Directive 2014/65/EU
Provided that in the interpretation and
application of paragraphs (i) and (ii), and in order
to ensure compliance with their requirements,
where the ownership of such entity as described
in the said paragraph (i), or of the entity
financing the transaction in the said paragraph
(ii) or its underlying assets, is vested in a trustee,
or is otherwise held by another intermediary on a
fiduciary basis, the criteria described in Annex II
of Directive 2014/65/EU shall apply by reference
to the beneficial interests involved and not to the
said trustee or intermediary.
(2) The provisions of this article shall
only apply to an entity where the business of such
entity is limited to the financial leasing of
aircrafts, aircraft engines or ships as described in
sub-article (1) and to activities that are ancillary
thereto, to the exclusion of other types of assets
and activities otherwise falling within the
purposes of this Act.".
PART V
Amendments to the Interest Rate (Exemption) Regulations
44. (1) The provisions of this Part amend the Interest Rate Amendments to
(Exemption) Regulations, and this Part shall be read and construed as the
(Exemption)
one with the Interest Rate (Exemption) Regulations, hereinafter in Regulations.
this Part referred to as "the Regulations".
(2) The provisions of this Part shall come into force on such
date as the Minister responsible for Justice, in consultation with the
Minister responsible for aircraft registration, may by notice in the
Gazette establish.
45. Paragraph (b) of sub-regulation (1) of regulation 3 of the Amendment of
regulation 3 of
Regulations shall be substituted by the following
the Regulations.
"(b) debts and other obligations which are (i) secured by
a mortgage over, or (ii) due under a lease of a ship or aircraft,
including an aircraft engine, whether registered in Malta or
otherwise and whether governed by Maltese law or otherwise;".
Passed by the House of Representatives at Sitting No. 448 of the
7 th November, 2016.
A NĠLU F ARRUGIA
Speaker
R AYMOND S CICLUNA
Clerk of the House of Representatives
€3.42