ACT No. XV of 2018 AN ACT to provide for the regulation of social welfare provided to individuals by public or private entities or any other entity or person; as well as to regulate for the powers, duties and financial resources of the Social Care Standards Authority set up in accordance

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

11th May, 2018

ACT No. XV of 2018

AN ACT to provide for the regulation of social welfare provided

to individuals by public or private entities or any other entity or

person; as well as to regulate for the powers, duties and financial

resources of the Social Care Standards Authority set up in accordance

with the provisions of this Act; to regulate the exercise of the

Authority’s functions, which functions shall include the issuing of

licences and warrants for social welfare service providers, to set

regulatory standards for different areas of social welfare services that

are provided to individuals by agencies or public or private entities

or any other entity or person, to set procedures for the investigation

of complaints against service providers of social welfare services, to

provide cautions to social welfare service providers who do not

observe such regulations, to assist social welfare service providers to

achieve a greater quality of social well-being and to make provisions

in respect of all such powers as may be necessary in order for the

Authority to fulfil its functions in accordance with this 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:-

(1) The short title of this Act is the Social Care Standards

Authority Act, 2018.

(2) This Act shall come into force on such date as the Minister

responsible for social welfare may by order in the Gazette establish and

different dates and transitory arrangements may be established in

respect of different provisions and purposes of this Act.

In this Act, unless the context otherwise requires

"agency" means any agency which is responsible for the welfare of

the service user who may be referred by such agency for social welfare

services regulated by this Act;

"assessor" means any person who is engaged by the Authority to

carry out assessments in accordance with the provisions of this Act and

may include any representative of the Authority as authorised by the

Chief Executive Officer;

"Authority" means the Social Care Standards Authority, as

established under article 5;

"Chairperson" means the Chairperson appointed by article 9;

"Chief Executive Officer" means the Chief Executive Officer

appointed under article 13;

"financial year" means any period of twelve months ending on the

31st December

Provided that the financial year commencing upon the date of entry

into force of this Act shall terminate on the 31st December of that

same year;

"licensed service provider" means any person or organisation that

has been granted a licence by the Authority to operate, provide or carry

out an activity or operation or to provide a service relating to social

welfare;

"Minister" means the Minister responsible for social welfare;

"prospective service provider" means any person who, or

organization that, applies for a license to operate a social welfare

service;

"public officer" shall have the meaning assigned to it by article 124

of the Constitution of Malta;

"responsible person" means the owner, or any other person, legally

responsible for the service provision;

"service provider" means any person who, or organisation that

provides a social welfare service;

"service user" means any person or entity who makes use of a social

welfare service;

"social welfare service" means care services, provided in relation to

the well-being of service users, whether by a person, agency or

residential facility, or in the community or in a care and nursing home

or in the home, as well as may be prescribed by regulations made

under this Act;

"Tribunal" means the Administrative Review Tribunal established Cap. 490.

by article 5 of the Administrative Justice Act.

PART II

Guiding Principles

The Government shall, through the establishment of the Social Promotion and

Care Standards Authority, seek to promote and establish the regulation development

the Authority’s

of social welfare services, provided by agencies or public or private interests.

entities or any other entity or person.

(1) In accordance with the provisions of this Act, the Main policies

Government shall determine Malta’s policies and objectives in the and objectives.

regulation of social welfare services provided by public or private

agencies or entities or any other entity or person.

(2) The Government shall endeavour, through the Authority, to,

inter alia, achieve the following

(a)

establish regulatory standards for social welfare

services;

(b) assist the service providers to achieve a higher

quality of service;

(c) enforce the standards and conditions set in the

licences granted by the Authority to service providers.

PART III

Establishment and Functions of the Social Care Standards Authority

(1) There shall be established a body, to be known as the

Social Care Standards Authority, whose function is to set regulatory

standards in relation to social welfare services and to ensure that such

standards are duly complied with, in accordance with the provisions of

this Act.

(2) The Authority shall be a body corporate having a distinct

legal personality.

(3) The Authority shall be composed of the Chairperson and the

Board established under article 9.

(1)

Without prejudice to any other functions, which may be

assigned to it by this Act, or by any other law or regulations, the

functions of the Authority shall include

(a) to establish regulatory standards, policies and

guidelines for social welfare services and to enforce such

standards as may be necessary to ensure a quality level of social

welfare services;

(b) to establish criteria for the granting, refusal,

suspension or revocation of licences; and

(c)

to grant, refuse, suspend or revoke any licence.

(2) Notwithstanding any other law, where any function or power

of the Authority is performed or exercised through an agent as

provided in article 12(2), all judicial actions, acts and proceedings

arising from or relating to any matter in respect of which an agent acts

for and on behalf of the Authority shall be taken or be made by or

against such agent in the name of the Authority.

The powers of the Authority shall include

Powers of the

Authority.

(a) receiving and acknowledging

applications

for

licensing to operate a social welfare service;

(b)

assessing the proposed social welfare services;

(c) assessing and investigating social welfare service

providers;

(d) granting, refusing, suspending or revoking a licence

to operate a social welfare service in accordance with established

criteria;

(e) receiving, acknowledging, investigating and taking

any necessary action in relation to any complaint against any

agency or service provider or public or private entities or any

other entity or person;

(f)

recommending measures to improve the quality of

social welfare services provided in Malta;

(g) establishing and updating a register for agencies or

service providers or public or private entities or any other entity

or person providing social welfare services as the Authority may

from time to time consider that require registration;

(h) to modify or remove any of the conditions, or to

impose additional conditions, after the licence has been granted

and unless otherwise prescribed such conditions have effect after

the lapse of one year from date of entry into force of new

conditions;

(i) to make recommendations to the Government to

develop policies in the field of social welfare services.

(1) The affairs, business and the carrying out of the Conduct of the

affairs of the

functions of the Authority shall be the responsibility of the Board

Authority.

Provided that the Board may delegate the executive conduct

of the Authority, its administration and organization and the

administrative control of its officers and employees, to any officer or

officers of the Authority, who shall also have such other powers as may

from time to time be delegated to him or to them by the Board.

(2) Without prejudice to any other function conferred to him by

this Act or any other law or regulation, it shall be the function of the

Chairperson to –

(a) assume full responsibility for the overall control and

supervision of the Authority;

(b) develop the necessary strategies for

the

implementation of the objectives of the Authority; and

(c) perform such other duties as the Authority may

assign to him from time to time.

(1) There shall be a Board of Directors of the Social Care

Standards Authority, which shall be composed of seven members of

whom one shall be the Chairperson and one other the Deputy

Chairperson.

(2) The members of the Board shall be appointed by the Minister

from among persons who appear to him to be qualified by reason of

having professional qualifications or academic qualifications or

experience of or shown capacity in, matters relating to social welfare.

One of the Board members appointed by the Minister may be a service

user of a social welfare service.

(3) The Chairperson of the Authority shall be appointed by the

Minister for such period as the Minister shall deem appropriate. The

Minister may also designate another member of the Board as deputy

chairperson, and the member so designated shall have all the powers

and perform all the functions of the Chairperson during his absence or

inability to act as chairperson, or while he is on vacation, or during any

vacancy in the office of Chairperson; and the Minister may also, in any

of the circumstances aforesaid, appoint another person to act as

Chairperson and in such case the foregoing provisions shall apply in

respect of such person.

(4) A person shall not be qualified to hold office as a member of

the Board if he

(a) is a member of the House of Representatives, or of

the European Parliament, or of a Local Council, or a candidate

for election to the House of Representatives, or to the European

Parliament, or to a Local Council; or

(b) has such a financial or other interest in any enterprise

or activity, as is likely to affect prejudicially the discharge by

him of his functions as a member of the Board; or

(c)

is legally incapacitated or interdicted; or

(d) has been adjudged bankrupt or has made a

composition or arrangement with his creditors; or

(e) has been convicted of a crime affecting public trust

or of theft or of fraud or of knowingly receiving property

obtained by theft or fraud.

(5) Subject to the provisions of this article, the members of the

Board shall hold office for a period of three years.

(6) A member of the Board may, on ceasing to be a member, be

eligible for reappointment.

(7) A member of the Board may be removed from office by the

Minister if, in his opinion, such member is unfit to continue in office;

or has become incapable of, or is not, properly performing his duties as

a member; or in the event of any of the circumstances which disqualify

such person from remaining a member of the Board.

(8) If a member resigns or vacates his office before completing

the appointed term, or is removed in terms of the preceding sub-article,

the person appointed in his stead shall be appointed for the unexpired

period of the original appointment.

(9) In the exercise of its functions the Social Care Standards

Authority shall not be subject to the direction or control of any other

person or authority.

(1) The Board of the Authority shall meet as often as Proceeding of

necessary, but in no case not less than twice a month. The meetings of the

the Authority.

the Board shall be called by the Chairperson either on his own

initiative or at the request of any two of the other members. Without

prejudice to the other requirements of this Act, no decision of the

Board shall be valid which is not supported by a majority of the

members of the Board present at the meeting.

(2) Half the number of the members for the time being

constituting the Board shall form a quorum at any meeting of the

Board. Decisions shall be adopted by a simple majority of the votes of

the members present and voting. The Chairperson, or other member

presiding at the meeting, shall have an initial vote and, in the event of

an equality of votes, a casting vote.

(3) In the absence of the Chairperson at any meeting of the Board,

the deputy chairperson, or other person appointed to act as chairperson

as nominated in terms of article 9(3), or, if no other member or person

has been designated or appointed as such, a member of the Board

chosen for that purpose by the other members present, shall preside at

that meeting of the Board.

(4)

Subject to the provisions of sub-article (1), no act or

proceeding of the Board shall be invalidated merely by reason of any

vacancy among the members.

(5) A member of the Board who is in any way directly, or

indirectly, interested in a decision made, or proposed to be made, by

the Author ity shall, a s soon as possible, after t he relevant

circumstances have come to his knowledge, disclose the nature of his

interest at the first meeting of the Board after the relevant facts have

come to his or her knowledge.

(6) Any disclosure made under sub-article (5) shall be recorded in

the minutes of the meeting at which it is made, and the member

making any such disclosure -

(a) shall, after the disclosure, withdraw from the meeting

at which that decision is proposed to be made; and

(b)

shall, if the decision has been made, be

disregarded for the purpose of constituting a quorum for any

such decision.

(7) Minutes of the proceedings of the Board and of any

committee thereof shall be kept. For this purpose and for the keeping

of the relevant records, the Minister shall designate a person to act as

secretary to the Board for such period and on such terms as the

Minister may deem appropriate. The secretary to the Board shall not

have a vote.

(8) Subject to the provisions of this Act, or to any regulation

made thereunder, the Board may regulate its own procedure.

(9) In the exercise of its functions under this Act, the Board may

consult with such professionals, or such other persons having relevant

knowledge and experience in the field of social welfare services, as it

may deem appropriate. For such purpose, the Board may invite such

professionals or other persons to attend meetings of the Board and to

provide such information and documentation as it may deem

appropriate.

(10) The members of the Board, the secretary to such Board, and

any person involved in the proceedings of the Board, shall be bound by

confidentiality and shall not disclose to any third party any

information which may come to their knowledge during the

proceedings.

(11) The Board shall keep a true and correct record of all its

proceedings and the Board shall give to the Minister such information

as he may require.

(12) The Board shall lay on the Table of the House of

Representatives the annual report of the workings of the Social Care

Standards Authority, by not later than four months after the end of

each financial year.

Without prejudice to the provisions of article 8(2), the legal Legal

representation of the Authority shall jointly vest in the Chairperson representative

the Authority.

and/or the Chief Executive Officer.

(1) The Authority shall appoint and employ, at such Appointment

remuneration and upon such time terms and conditions as it may, in and

officer and

accordance with article 9, determine, such officers and employees of employees

the Authority.

the Authority as may from time to time be necessary for the due and

efficient discharge of the functions of the Authority.

(2) The Prime Minister may, at the request of the Authority, from Detailing of

time to time direct that any public officer shall be detailed for duty public

for duty with the

with the Authority in such capacity and with effect from such date as Authority.

may be specified in the Prime Minister’s direction.

(3) The period during which a direction as aforesaid shall apply to

any officer specified therein, shall, unless the officer retires from the

public service, or otherwise ceases to hold office at an earlier date, or

unless a different date is specified in such direction, cease to have

effect after one year from the effective date of such direction unless the

direction is revoked earlier by the Prime Minister.

(4) Where any officer is detailed for duty with the Authority, such Status of public

officer shall, during the time in which such direction has effect in officers

for duty with the

relation to him, be under the administrative authority and control of the Authority.

Authority but he shall for other intents and purposes remain and be

considered and treated as a public officer.

(5) Without prejudice to the generality of the foregoing, an officer

detailed for duty as aforesaid

(a)

shall not during the time in respect of which he is so

detailed

(i) be precluded from applying for a transfer to a

department of the Government in accordance with the

terms and conditions of service attached to the appointment

under the Government held by him at a date on which he is

so detailed for duty; or

(ii)

be so employed that his remuneration and

conditions of service are less favourable than those which

are attached to the appointment under the Government held

by him at the date aforesaid or which would have become

attached to such appointment, during the said period, had

such officer not been detailed for duty with the Authority;

and

(b) shall be entitled to have his service with the

Authority considered as service with the Government for the

purposes of any pension, gratuity, or benefit under the Pensions

Ordinance and the Widows’ and Orphans’ Pensions Act and of

any other right or privilege to which he would be entitled, and

liable to any liability to which he would be liable, but for the fact

of his being detailed for duty with the Authority.

(6) Where an application is made as provided in sub-article

(5)(a)(i) the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Authority.

(7) The Authority shall pay to the Government such contributions

as may from time to time be determined by the Minister responsible

for finance in respect of the cost of pensions and gratuities earned by

an officer detailed for duty with the Authority as aforesaid during the

period in which he is so detailed.

(8) The Authority may, with the approval of the Prime Minister,

offer to any officer detailed for duty with the Authority under any of

the provisions of article 12(2) permanent employment with the

Authority at a remuneration and on terms and conditions not less

favourable than those enjoyed by such officer at the date of such offer.

(9) The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those enjoyed

by the officer concerned at the date of such offer, if such terms and

conditions, taken as a whole, in the opinion of the Prime Minister, offer

substantially equivalent or greater benefits.

(10) Every officer who accepts permanent employment with the

Authority offered to him, under the provisions of sub-article (8), shall

for all purposes other than those of the Pensions Ordinance and of the

Widows’ and Orphans’ Pensions Act, be deemed to have ceased to be

in service with the Government and to have entered into service with

the Authority on the date of his acceptance, and for the purposes of the

said Ordinance and of the said Act, so far as applicable to him, service

with the Authority shall be deemed to be service with the Government

within the meanings thereof respectively.

(11) Every such officer as aforesaid who, immediately before

accepting permanent employment with the Authority, was entitled to

benefit under the Widows’ and Orphans’ Pensions Act, shall continue Kap. 58.

to be so entitled to benefit thereunder to all intents as if his service with

the Authority were service with the Government.

(12) The Authority shall pay to the Government such contributions

as may from time to time be determined by the Minister responsible for

finance in respect of the cost of pensions and gratuities earned by an

officer who has accepted performance of employment with the

Authority as aforesaid during the period commencing on the date of

such officer’s acceptance.

(13) The officers and employees of the Authority shall not have

any direct or indirect interest in any contract made or proposed to be

made by the Authority or in any enterprise which has or proposes to

have any business relations with the Authority.

(1) The Authority may appoint a Chief Executive Officer Delegation of

and delegate to him, subject to its overall supervision and control, such functions.

functions, duties and powers so as to enable the said Officer to give

effect to the policies of the Authority and to otherwise discharge

effectively and efficiently the functions of the Authority.

(2) The Authority and the Chief Executive Officer may exercise

any one or more of its functions, either through any of its officers or

employees, or through any other person or entity with whom an

agreement for the performance of any one or more of such functions

has been entered into.

(3) Where in this Act anything is to be done by or against or with

respect to the Authority, or any notice is to be or may be given to the

Authority, any such thing or notice may also be done by or against or

with respect to or be given to the Chief Executive Officer; and for the

purposes aforesaid any reference in this Act to the Authority includes a

reference to the Chief Executive Officer.

PART IV

Licensing

(1) No agency or public or private entities or any other Applications

entity or person that provides a social welfare service, shall provide a for

licences.

social welfare service unless there is in respect of such social welfare

service a valid licence issued by the Authority.

(2) Where the public or private agencies or entities or any other

entity or person intends to provide more than one social welfare

service, or to provide the same kind of social welfare service but from

different premises, separate application in respect of each social

welfare service shall be made.

(3) The Authority may, at any time during the processing of the

application, require the prospective service provider to provide any

documents and information deemed necessary and shall visit the

premises intended to be used for the provision of the social welfare

service in order to make its assessment and ascertain whether the

licence should be granted or not.

The Authority shall grant a licence to a prospective service

provider if it is satisfied that the prospective service provider

(a) complies with the eligibility criteria specified by the

Authority;

(b) complies with any standards relevant to the proposed

social welfare service and any regulations issued under this Act;

and

(c)

is not in violation of any applicable law or regulation.

The Authority may grant a temporary licence to a prospective

service provider who does not meet all the criteria of eligibility and

standards required by this Act, or any other regulation made

thereunder

Provided that a temporary licence may only be granted after

the Authority shall review and approve an action plan presented by the

prospective service provider to conform with the standards stipulated

in the relevant regulation.

Provided further that such a temporary licence may only be

issued for a period of six (6) months and may only be further extended

for another maximum period of six (6) months.

(1) Upon granting a licence to a service provider, the

Authority shall issue a Licence Certificate which shall be valid for a

period of one year from date of issue, unless otherwise prescribed in

the terms and conditions laid down in the licence.

(2) The licence referred to in sub-article (1) may be renewed by

the Authority if the service provider applies for renewal by not later

than two months prior to the expiration of the licence and renewal

shall only be granted if the licensed service provider is still in

compliance with the provisions of this Act and of any regulation made

thereunder. The decision of the Authority regarding the renewal of a

licence shall be served on the licensed service provider by registered

mail, within fifty days from the application for renewal.

(3) The licensed service provider shall ensure that the licence, or

a copy of it, is kept affixed in a prominent place in the principal office

of the premises from which the social welfare service is provided.

(4) The issuing and renewal of a licence shall be without

prejudice to the requirement of any other licence or authorisation

required under any other law.

(1) The Authority shall have the right to refuse an Refusal of an

application for licensing if it deems the prospective service provider or application.

licensed service provider not fit to carry out social welfare services.

The refusal together with detailed reasons therefor shall be served in

writing by registered mail, to the prospective service provider or

licensed service provider applying for licensing within fifty days from

the date of application.

(2) The prospective service provider or licensed service provider

shall have the right to request a reversal of the decision of the

Authority by filing an appeal in terms of Part VII of this Act.

(3) The prospective service provider or licensed service provider

shall have the right to re-apply to the Authority for a licence if the

reason for the refusal no longer subsists.

(1) The Authority shall have the right to revoke the licence Revocation of a

of a licensed service provider at any time, if the licensed service licence.

provider

(a) ceases to comply with the criteria of eligibility for

licensing;

(b) is no longer deemed suitable to provide the licensed

social welfare services;

(c) is in breach of the conditions for licensing in

accordance with the provisions of this Act.

(2) The Authority shall serve the service provider, by registered

mail, with the written revocation together with the reasons therefor and

such revocation shall have effect from date of notification.

(3) In all cases mentioned in paragraphs (a), (b) and (c) of sub-

article (1), the Licence Certificate and all the documentation relating to

the social welfare service shall become the property of the Authority.

(1) During the month of January of every year the Authority

shall publish in the Gazette

(a) a list of all licensed service providers specifying the

type of social welfare service being offered, their full name,

registered address and other relevant contact details;

(b) a list of licensed service providers whose licence has

been revoked and any changes in the conditions required for

licensing or renewal; and

(c) any changes in the conditions required for licensing

or renewal that were effected until the thirty-first of December of

the previous year.

(2) The Authority shall ensure to publish online the same

mentioned lists in paragraphs (a) and (b) of sub-article (1), and update

the same online lists at the end of every month.

PART V

Setting of Standards

(1) The Authority shall be responsible for establishing,

publishing and reviewing Regulatory Standards for social welfare

(2) For the purposes of sub-article (1), the Authority shall consult

such persons or groups of persons as it considers appropriate.

(3)

The purpose of Regulatory Standards shall be to

(a) improve and standardize the regulation of social

welfare services;

(b)

render effective the essential regulation of the

services;

(c) reassure the service users that social welfare services

are appropriate to their needs and respect their rights and dignity;

(d) emphasize that the welfare of the service users is to

be considered as paramount.

PART VI

Enforcing of Standards

(1) The Authority in a fair and equal manner, shall monitor,

review and enforce all operations involving the provision of social

welfare services provided by agencies, public or private entities or any

other entity or person. This will ensure that such operations are carried

out in accordance with this Act, or any other law or regulations

prescribed thereunder and in compliance with any decision made under

this Act, or such other law or regulations.

(2) For the purposes of the preceding sub-article, the Authority

shall have the power to

(a) enter any premises at any reasonable time and

without prior notice and inspect any operation involving the

provision of social welfare services;

(b) to carry out in any such premises any search,

examination, test or inquiry which it may consider necessary in

order to satisfy itself that the provisions of this Act, or of any

regulations or orders made thereunder, and any recognised social

welfare standards are being observed, and in particular –

(i) to interview, in the presence of witnesses, any

person whom it considers was involved in the provision of

the social welfare service and any person whom it

considers has made use of such service;

(ii) to require the production of any books,

registers or other documents being kept by the service

provider and to make a copy of such books, registers or

documents or take extracts therefrom;

(iii) require any information as may be reasonably

required in relation to the investigation;

(c) take photographs,

films,

video

recordings

or

electronic images; and

(d) to require the assistance of the Police whenever

deemed necessary.

(3)

On the conclusion of an investigation, the Authority may

(i) submit a report to the Executive Police for

further investigation in all cases involving a criminal

offence;

(ii) take any administrative action, which it deems

appropriate in the circumstances of the case;

(iii) take any such other action as it deems

appropriate in the circumstances of the case.

The Authority may at any time require a licensed service

provider or a prospective service provider, or agency, or the

responsible person, involved in the provision of the licensed social

welfare service, to supply them with any information as may be

reasonably required in relation to the service for the purposes of

fulfilling its functions under this Act and any regulations, which may

be made thereunder.

(1) Where the assessor deems that a service is not compliant

with the provisions of this Act, or with the terms of the licence, the

assessor shall make a report of his assessment and shall recommend,

where applicable, the changes which the licensed service provider

should undertake. The assessor shall remit a copy of the report,

together with his recommendations, to the Authority for its decision

and the Authority shall serve on the licensed service provider a copy of

its decision by means of registered post.

(2) The licensed service provider shall effect the changes listed in

the report within the time-frame established by the Authority. In the

event that the licensed service provider does not comply with the

required changes within the specified time-frames, the Authority shall

take any action it deems fit, according to the provisions of this Act.

PART VII

Appeals

(1) Any person who feels aggrieved by a decision of the

Authority may appeal before the Tribunal within ten days from the

of the Authority.

date of service of the decision.

(2) The provisions of the Administrative Justice Act shall apply

to the composition of the Tribunal in any appeal made to the Tribunal,

or in all cases where a reference by this Act is made to the Tribunal.

(3) The Tribunal may, upon good grounds being shown, stay the

execution of the decision appealed from.

Any party to the proceedings before the Administrative

Review Tribunal who feels aggrieved by a decision of the Tribunal,

may appeal to the Court of Appeal in its inferior jurisdiction within ten

days from the date of service of the decision.

PART VIII

Offences and penalties

Any person who in any way hinders or obstructs the Authority

or any of its officers in the performance of any of their functions shall

be guilty of an offence and shall, on conviction by the competent court,

be liable to detention for a term of not more than three months or to a

fine (multa) of not less than one hundred euro (€100) but not

exceeding five thousand euro (€5,000), or to both such fine and

detention.

In the event of non-compliance the Authority may impose an Administrative

administrative penalty of not less than one hundred euro (€100) but not penalties

imposed for

exceeding ten thousand euro (€10,000), or in the case of continuance non-

compliance.

of non-compliance a daily penalty of not less than fifty euro (€50) but

not more than three hundred and fifty euro (€350) for each day that the

non-compliance continues.

Any penalty established for any offence in this Part shall be Other offences.

without prejudice to any other penalty established under any other

laws or regulations prescribed under this Act.

PART IX

Miscellaneous

(1) All licensing powers of the Department for Social Welfare Transfer of

Standards shall upon the coming into force of this Act be vested in the powers

responsibilities.

Authority established under this Act

Provided that any decision or licence granted by the

Department for Social Welfare Services, before the coming into force

of this Act, shall continue to have effect as if the decision or licence

had been given or granted under the relative provisions of this Act

subject to the satisfaction of all conditions stipulated in this Act.

(2) Where any act or process has been commenced by or under

the authority of the Government prior to the date of entry into force of

this Act and such act or process is in relation to anything transferred to

the Authority by virtue of this Act, such act or process may be carried

on and completed by or under that authority of the Government.

(3) Where on the date of entry into force of this Act any legal

proceeding is pending to which the Government is a party or is entitled

to be a party and such proceeding has reference to anything transferred

to the Authority by virtue of this Act, the Authority shall be substituted

in such proceeding for the Government and shall be entitled to be so

substituted.

(4) The Minister may by order make such incidental,

consequential or supplementary provisions as may be necessary or

expedient for the purpose of securing and giving full effect to the

transfer of any undertaking or any right, power, liability or obligation

to the Authority by or under this Act and may make such orders as may

be necessary to make any powers and duties exercised by the

Government, in relation to anything transferred to the Authority by

virtue of this Act, exercisable by and on behalf of the Authority.

(5) The Minister may make regulations to give better effect to the

provisions of this Act.

All licensing powers of homes for older persons in terms of

article 98 of the Medical and Kindred Professions Ordinance shall

upon the coming into force of this Act be vested in the Authority

established under this Act

Provided that any decision or licence granted under article 98

of the Medical and Kindred Professions Ordinance, before the coming

into force of this Act, shall continue to have effect as if the decision or

licence had been given or granted under the relative provisions of this

Act subject to the satisfaction of all conditions stipulated in this Act.

In sub-article (1) of article 98 of the Medical and Kindred

Professions Ordinance, the words "nursing home, home for the aged,"

shall be deleted.

Passed by the House of Representatives at Sitting No. 110 of the 9th

May, 2018.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€1.80