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ACT No. XIX of 2017 AN ACT to amend the Civil Protection Act, Cap 411.

11 Articles / Provisions · Malta
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Malta Government Gazette — Act 2017 19 · Gazzetta tal-Gvern ta’ Malta Nru. 19,767 – 28.04.2017 — ACT No. XIX of 2017 AN ACT to amend the Civil Protection Act, Cap 411.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

28th April, 2017

ACT No. XIX of 2017

AN ACT to amend the Civil Protection Act, Cap 411.

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:-

Malta Government Gazette — Act 2017 19 · Gazzetta tal-Gvern ta’ Malta Nru. 19,767 – 28.04.2017 — ACT No. XIX of 2017 AN ACT to amend the Civil Protection Act, Cap 411.

The short title of this Act is the Civil Protection Short title.

(Amendment) Act, 2017, and this Act shall be read and construed as

one with the Civil Protection Act, hereinafter in this Act referred to as Cap. 411.

"the principal Act".

Malta Government Gazette — Act 2017 19 · Gazzetta tal-Gvern ta’ Malta Nru. 19,767 – 28.04.2017 — ACT No. XIX of 2017 AN ACT to amend the Civil Protection Act, Cap 411.

In article 2 of the principal Act the definition "the Force" Amendment of

article 2 of the

shall be substituted by the following new definition

principal Act.

" "the Force" means the Rescue and Assistance Force

established by article 8 consisting of the Director, the Deputy

Director, the Chief Assistance and Rescue officers, the Station

Officers, the Leading Assistance and Rescue Officers, the

Assistance and Rescue Officers and the Fire Safety Inspectors

or any officers in equivalent grades performing equivalent

duties;".

Malta Government Gazette — Act 2017 19 · Gazzetta tal-Gvern ta’ Malta Nru. 19,767 – 28.04.2017 — ACT No. XIX of 2017 AN ACT to amend the Civil Protection Act, Cap 411.

Article 4 of the principal Act shall be amended as follows

(a) in paragraph (b) thereof, for the words "as

aforesaid;" there shall be substituted the words "as aforesaid, in

accordance with the provisions of the Academy of Disciplined

Forces Act:", and immediately thereafter there shall be added

the following new proviso

"Provided that training which does not fall within the

scope of the Academy of Disciplined Forces Act may be

provided subject to a written approval from the

Academy;";

(b) paragraph (d) thereof shall be substituted by the

following

"(d) to establish general guidelines in relation to

vulnerability and risk assessment studies

Provided that, the responsibility for the carrying

out of vulnerability and risk assessments in relation to

such public events, shall always lie on the organizer,

notwithstanding the guidelines that the Department of

Civil Protection may from time to time establish;";

(c) in paragraph (g) thereof, for the words "as aforesaid;

and" there shall be substituted the words "as aforesaid;";

(d) in paragraph (h) thereof, for the words "assign to it."

there shall be substituted the words "assign to it;"; and

(e)

immediately after paragraph (h) thereof there shall

be added the following new paragraphs

"(i) to take all necessary action, initiatives and

setting of standards and code of practice as well as

inspect and enforce regulations made in accordance with

this Act for the prevention of fire in buildings of

whatever nature, use or dimension; and

(j) make and enforce regulations in relation to

health and safety procedures in activities to be listed in

regulations made under this Act wherein the public

attends.".

Malta Government Gazette — Act 2017 19 · Gazzetta tal-Gvern ta’ Malta Nru. 19,767 – 28.04.2017 — ACT No. XIX of 2017 AN ACT to amend the Civil Protection Act, Cap 411.

In sub-article (3) of article 5 of the principal Act, for the Amendment of

words "the Commander Armed Forces," there shall be substituted the article

principal Act.

words "the Commander Armed Forces, the Head Security Service,".

Malta Government Gazette — Act 2017 19 · Gazzetta tal-Gvern ta’ Malta Nru. 19,767 – 28.04.2017 — ACT No. XIX of 2017 AN ACT to amend the Civil Protection Act, Cap 411.

Article 6 of the principal Act shall be amended as follows

Amendment of

article 6 of the

principal Act.

(a) sub-article (2) thereof shall be re-numbered as sub-

article (3); and

(b) immediately after sub-article (1) thereof, there shall

be added the following new sub-article

"(2) (a)

For the purposes of sub-article (1)(d) and

(f), there shall be a Strategic Committee made up of the

Director,

Civil

Protection

Department,

and

representatives of the Ministry responsible for Civil

Protection, as appointed by the Minister, as well as other

members from the Department and other entities as may

be appointed by the Minister from time to time in

consultation with the entity concerned.

(b)

The Committee shall be responsible for

the drafting of standard operating procedures and other

documents relating to emergency response.".

Malta Government Gazette — Act 2017 19 · Gazzetta tal-Gvern ta’ Malta Nru. 19,767 – 28.04.2017 — ACT No. XIX of 2017 AN ACT to amend the Civil Protection Act, Cap 411.

Sub-article (1) of article 7 of the principal Act shall be Amendment of

article 7 of the

amended as follows

principal Act.

(a) in paragraph (g) thereof, for the words "of an

administrative nature." there shall be substituted the words "of

an administrative nature;"; and

(b) immediately after paragraph (g) thereof there shall

be added the following new paragraphs

"(h) for establishing provisions and procedures with

a view to promoting fire safety;

(i) for prescribing provisions and procedures with

a view to maintaining a high level of health and safety

during public events

Provided that the organiser of the public event

shall be responsible for the carrying out of vulnerability

and risk assessments in relation to such public events,

notwithstanding any regulations that the Minister may

prescribe from time to time;

(j) for prescribing, amending or repealing the

Schedules to this Act.".

Malta Government Gazette — Act 2017 19 · Gazzetta tal-Gvern ta’ Malta Nru. 19,767 – 28.04.2017 — ACT No. XIX of 2017 AN ACT to amend the Civil Protection Act, Cap 411.

In sub-article (2) of article 8 of the principal Act, for the

words "headed by a Chief Assistance and Rescue Officer" there shall

be substituted the words "headed by the Director or by any other

officer as the Minister may prescribe".

Malta Government Gazette — Act 2017 19 · Gazzetta tal-Gvern ta’ Malta Nru. 19,767 – 28.04.2017 — ACT No. XIX of 2017 AN ACT to amend the Civil Protection Act, Cap 411.

Article 11 of the principal Act shall be deleted.

Malta Government Gazette — Act 2017 19 · Gazzetta tal-Gvern ta’ Malta Nru. 19,767 – 28.04.2017 — ACT No. XIX of 2017 AN ACT to amend the Civil Protection Act, Cap 411.

Immediately after article 19 of the principal Act there shall

be added the following new article

" Animals used

Malta Government Gazette — Act 2017 19 · Gazzetta tal-Gvern ta’ Malta Nru. 19,767 – 28.04.2017 — ACT No. XIX of 2017 AN ACT to amend the Civil Protection Act, Cap 411.

(1) The Force may make use of

by the Force.

animals in the performance of certain operations

and in ceremonial functions.

(2) The Director shall ensure that these

animals are treated in the best way possible and

compatibly with the nature of such animals, and

that they are not subjected to any cruel treatment.

(3) Unless otherwise advised by a

veterinary surgeon, an animal that is no longer of

use to the Force, for any reason whatsoever, shall

preferably be donated to any person or body that

can continue to treat the animal well in its

retirement. The Force shall never put down an

animal merely because no suitable person has

been immediately found to take care of that

animal.".

Passed by the House of Representatives at Sitting No. 507 of the

12th April, 2017.

ĊENSU GALEA

Deputy Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.54

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