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ACT No. XIV of 2018 AN ACT to amend the Private Guards and Local Wardens Act, 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:-
Table of Provisions (11)
Statutory Text (11 Articles)
I assent.
(L.S.)
MARIE-LOUISE
COLEIRO PRECA
President
8th May, 2018
ACT No. XIV of 2018
AN ACT to amend the Private Guards and Local Wardens Act,
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 Private Guards and Local Short title.
Wardens (Amendment) Act, 2018, and this Act shall be read and
construed as one with the Private Guards and Local Wardens Act, Cap. 389.
hereinafter referred to as "the principal Act".
In the short title of the principal Act for the words "and Local Amendment to
Wardens" there shall be substituted the words "and Community the
the principal
Officers".
Act.
Article 2 of the principal Act shall be amended as follows
Amendment of
article 2 of the
principal Act.
(a) the definitions "local warden", "local warden
services", "plain clothes local warden" and "warden agency"
shall be deleted;
(b) immediately after the definition "Commissioner"
there shall be inserted the following new definitions
" "community officer" means an individual whose
services are rendered in the provision of community
officers’ services;
"community officers agency" means an individual or
a body of persons whether corporate or unincorporate, who
provide community officers’ services;
"community officers’ services" means such services
as may be required by local councils in the discharge of
their duties and responsibilities for the control, regulation
and enforcement of bye-laws, including the provision of
services for the control and regulation of access and
movement by pedestrians or vehicles, generally or on
particular occasions and the provision of similar services
whether by uniformed or plain clothes community
officers"; and
(c) immediately after the definition "Minister" there
shall be inserted the following new definition
" "plain clothes community officer" means a
community officer without uniform whose services are
rendered in the provision of specific duties or parts of
legislation, which are listed in the Schedule.".
In the title of Part III of the principal Act, for the words
"Local Wardens" there shall be substituted the words "Community
Article 14 of the principal Act shall be substituted by the
following
No person shall act as a community officers’
officers’ agencies
agency or as a community officer or offer his services
and community
as such unless such person is licensed in accordance
with the provisions of this Act.".
6. Article 15 of the principal Act shall be substituted by the
following
No person shall employ, engage or permit the
use of community officers’ services unless such
officers’ services.
services are provided by a community officers’ agency
or by a community officer, as the case may be, licensed
in accordance with the provisions of this Act.".
7. Article 16 of the principal Act shall be substituted by the Substitution of
article 16 of the
following
principal Act.
No community officers’ agency shall provide
"Employment of
community
any person for duties in, or connected with, community
officers.
officers’ services unless such person is licensed as a
community officer in accordance with the provisions of
this Act.".
8. Article 17 of the principal Act shall be amended as follows
Amendment of
article 17 of the
principal Act.
(a) in the marginal note thereof, for the words "warden
agencies and local wardens" there shall be substituted the words
"community officers’ agencies and community officers";
(b) in sub-article (1) thereof, for the words "warden
agency or for a local warden" there shall be substituted the words
"community officers’ agency or for a community officer";
(c) in sub-article (2) thereof, for the words "warden
agency or for a local warden" there shall be substituted the words
"community officers’ agency or for a community officer";
(d) in sub-article (3) thereof, for the words "local
wardens" there shall be substituted the words "community
officers";
(e) in paragraph (a) of sub-article (5) thereof, for the
words "of local wardens" there shall be substituted the words "of
community officers";
(f) in paragraph (b) of sub-article (5) thereof, for the
words "by a local warden against treatment which the local
warden" there shall be substituted the words "by a community
officer against treatment which the community officer".
9. Article 18 of the principal Act shall be amended as follows
Amendment of
article 18 of the
principal Act.
(a) in the marginal note thereof, for the words "local
wardens" there shall be substituted the words "community
officers";
(b) in sub-article (1) thereof, for the words "local
warden" there shall be substituted the words "community
officer";
(c) in sub-article (2) thereof, for the words "local
warden" there shall be substituted the words "community
officers";
(d) in sub-article (3) thereof, for the words "local
warden" there shall be substituted the words "community
officer".
10. Article 19 of the principal Act shall be amended as follows
(a) in the marginal note thereof, for the words "local
wardens" there shall be substituted the words "community
officers";
(b) in sub-article (1) thereof, for the words "local
warden" there shall be substituted the words "community
officer".
11. Article 19A of the principal Act shall be amended as follows
(a) in the marginal note thereof, for the words "Plain
clothes local wardens." there shall be substituted the words
"Plain clothes community officers."; and
(b) for the words "plain clothes local warden" there shall
be substituted the words "plain clothes community officer".
12. In article 20 of the principal Act, for the words "to a local
warden." there shall be substituted the words "to a community
officer.".
13. In sub-article (1) of article 22 of the principal Act, for the
words "licensed as a local warden," there shall be substituted the
words "licensed as a community officer,".
14. In article 23 of the principal Act, for the words "or as a local
warden" there shall be substituted the words "or as a community
officer".
15. The proviso to article 24 of the principal Act shall be
substituted by the following
"Provided that in the case of regulations made in relation to
community officers, community officers’ services or community
officers’ agencies, such regulations shall be made with the concurrence
of the Minister responsible for local government.".
16. Article 25 of the principal Act shall be amended as follows
(a) in paragraph (a) thereof, for the words "warden
agency" there shall be substituted the words "community
officers’ agency";
(b) in paragraph (b) thereof, for the words "or as a local
warden" there shall be substituted the words "or as a community
officer"; and
(c) in paragraph (c) thereof, for the words "or of warden
services" there shall be substituted the words "or of community
officers’ services".
In the title of the Schedule to the principal Act, for the words Amendment of
"by Plain Clothes Local Wardens" there shall be substituted the words the
the principal
"by Plain Clothes Community Officers".
Act.
Any reference in any other law to "Local Warden", "Local General
Wardens", "warden agency", "warden agencies", "local warden amendment
the Laws of
services" and the "Private Guards and Local Wardens Act" shall be Malta.
read and construed, after the coming into force of this Act, as a
reference to "Community Officer", " Community Officers",
"community officers agency", "community officers agencies",
"community officers’ services" and the "Private Guards and
Community Officers Act" respectively.
Passed by the House of Representatives at Sitting No. 107 of the
2nd May, 2018.
ANĠLU FARRUGIA
Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
€0.72