ACT No. XXVIII of 2018 AN ACT to make provision for the establishment of the Agency for Infrastructure Malta and to regulate such activities and provide for matters ancillary or incidental thereto or connected therewith.

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

13th July, 2018

ACT No. XXVIII of 2018

AN ACT to make provision for the establishment of the Agency for

Infrastructure Malta and to regulate such activities and provide for

matters ancillary or incidental thereto or connected therewith.

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 Agency for

Infrastructure Malta Act, 2018.

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

responsible for infrastructure may by notice in the Gazette establish,

and different dates may be established for different provisions and

different purposes of this Act.

PART II

Agency for Infrastructure Malta

The provisions of this Part provide for the establishment of

the Agency for Infrastructure Malta.

(1) Unless otherwise provided in this Act, the provisions of

article 2 of the Authority for Transport in Malta Act shall apply.

(2) In this Act unless the context otherwise requires, the

following expressions have the meaning hereby assigned to them

"Act" or "this Act" means this Act and includes any

regulations made thereunder unless the context otherwise

requires;

"Agency" means the Agency for Infrastructure Malta

established under article 4 and includes any person acting on its

behalf under powers delegated by the Agency to that person in

accordance with the provisions of this Act;

"arterial and distributor road" means any road which has

been classified and designated as such by the Authority for

Transport in Malta, which classification and designation may be

amended by the Authority for Transport in Malta from time to

time;

"Board" means the Board of the Agency appointed in

terms of article 8;

"carriageway" means that part of a road which is

principally intended for vehicular traffic;

"Chairperson" means the Chairperson of the Agency and

includes, in the circumstances mentioned in article 8, the deputy

Chairperson;

"Chief Executive Officer" means the Chief Executive

Officer of the Agency appointed under article 8;

"connected person" means a person who is connected to

another person, in this definition referred to as a "Board

member", by virtue of

(a) being a Board member’s spouse or partner, Cap. 571.

child or step-child, parent, cohabitant of whatever nature in

terms of the Cohabitation Act and any other dependent of

that Board member; or

(b) being a body corporate in which the Board

member or any of the persons mentioned in paragraph (a)

above or both

(i) holds or hold shares of a nominal value

equal to at least twenty per cent (20%) of the share

capital of that body corporate; or

(ii) is or are entitled to control the exercise of

more than twenty per cent (20%) of the voting power

at any general meeting of that body corporate; or

(c) acting in a capacity as trustee of any trust, the

beneficiaries of which include

(i) the Board member, or any other person

mentioned in paragraph (a) above; or

(ii) a body corporate as set out in paragraph (b)

above; or

(d) acting in a capacity as a business partner of that

Board member or of any person who, by virtue of

paragraphs (a), (b) or (c) is connected with the Board

member;

"financial year" means a period of twelve months

beginning on the 1 st day of January and ending on the 31 st day of

December of each year;

"footway" means the paved or surfaced area forming part

of a road at one or both borders of a carriageway and which is

intended for pedestrian traffic;

"Local Council" means a local council established under

the Local Councils Act;

"local road" means a road which is not designated as an

arterial or distributor road and which is not a private road, and

includes any road which has been classified and designated as

such by the Authority for Transport in Malta, which

classification and designation may be amended by the Authority

for Transport in Malta from time to time;

"Minister" means the Minister responsible for

Infrastructure as may be vested with responsibility for the

Agency;

"private road" means any way on land, by whatever name

called, which is not the property of the Government and over

which there is generally no public right of passage at all times of

the day but which is accessible to vehicles and, or pedestrians,

whether intended for vehicular and, or pedestrian traffic or not;

"road" means any way on land, by whatever name called,

over which there is a public right of passage (by whatever

means) and consists of carriageways and footways, and includes

the road’s verge, and any bridge (whether permanent or

temporary) over which, or tunnel through which, the road passes,

and any reference to a road includes any part thereof, including

(a) the foundations, sub-surfaces and surface

dressing thereof;

(b) central strips, roundabouts, traffic islands,

footways and bicycle lanes; and

(c) road drainage works and access thereto,

trenches and trenching works for utilities including access

thereto, ducting, conducting and the like for the

distribution of utilities or the provision of services,

including works connected therewith or ancillary thereto

and manholes or other means of access to such utilities or

works;

"utility service provider" means an authority or an

enterprise, the primary business of which is to provide

electricity, gas or water, potable or second class water, including

disposal or treatment of sewage, and drainage services to the

public.

Part I: Constitution and functions of the Agency

for Infrastructure Malta

The Agency shall be a body corporate having a distinct legal Agency to be a

personality and shall be capable of entering into contracts, of body corporate.

acquiring, holding and disposing by whatever title any kind of

property for the purposes of its functions, of suing and being sued, and

of doing all such things and entering into all such transactions as are

incidental or conducive to the exercise of its functions under this Act,

including the borrowing of money.

(1) Without prejudice to any other power or function Functions.

conferred to it by this Act or by any other law, it shall be the function

of the Agency

(a) to implement national plans for road construction and

road infrastructure strategies;

(b) to implement, whether by itself or through any person

or group of persons, in accordance with the provisions of this

Act, applicable strategies or master plans however so described,

relating to road construction and road infrastructure;

(c) to occupy, plan, design, construct, re-construct,

repair, widen and renew any road, maintain the upkeep of,

improve, manage, administer restore any road and to manage and

control any necessary road works, to do any works however so

described, including but not limited to the planning and

programming thereof and the planning and programming for the

rebuilding and restoration of any existing roads

Provided that where the maintenance of any local

road is by law the responsibility of a local council, the

maintenance of such road shall not, to the extent of such

responsibility, be the function of the Agency

Provided further that the Agency shall have no

obligations in relation to any private roads;

(d) to erect, construct, develop and maintain on any road,

the following

(i)

poles and light fittings;

(ii) road traffic safety and management facilities,

including signs or signals, road markings and traffic

calming measures, traffic control and management

equipment, related lighting equipment and other road

traffic facilities used for traffic management and control

Provided that the operation and maintenance of

permanent electronic road traffic signs or signals,

electronic traffic measures, electronic traffic control

equipment and related lighting equipment and any other

electronic road traffic facilities used for road safety and

traffic management shall be vested in, and shall be the sole

responsibility of, the Authority for Transport in Malta;

(e) to advise the Government on the formulation of

policies relating to road infrastructure in Malta and to make

recommendations to the Government on action which in the

opinion of the Agency would be expedient in relation to matters

within its functions.

(2) Without prejudice to the above, the Minister may, from time

to time, give to the Agency directions, not inconsistent with the

provisions of this Act, to be followed by the Agency in the carrying

out of its functions under this Act, and the Agency shall, as soon as

practicable, give effect to all such directions.

(3) It shall be the responsibility of the Minister to ensure that the

Agency is fully informed of strategic directions of Government in

relation to this Act, and it shall be the duty of the Agency through its

proper organs to properly execute such policies.

(4) For the proper performance of its functions under this Act, the

Agency shall consult with the relevant local council and be

empowered to collaborate with any other person, including other

agencies, public authorities and Government departments, and to make

arrangements for mutual exchange of information and for other forms

of assistance.

(5) In pursuance of its functions under this Act, the Agency shall

regulate its own procedure.

(1) The Agency shall have such powers as may be

necessary or conducive for the proper performance and attainment of

all its functions under this Act, and without limitation to the generality

of the foregoing, but subject to any requirements under any other law,

shall have the power and authority to

(a) acquire, construct, reconstruct, maintain and operate

road installations and equipment;

(b) acquire, take the necessary measures in terms of the

Land Acquisition (Public Purposes) Ordinance and the Lands Cap. 88.

Authority Act to acquire, any property under any title which the Cap. 563.

Agency considers necessary for the purposes of constructing,

extending or maintaining any road or road installation in

accordance with the functions of the Agency in terms of this Act;

(c)

hold and administer any assets from time to time;

(d) do all acts and things necessary for the opening and,

or breaking up of the surface of any road;

(e) carry on, whether as principal, as agent or as a

contractor, all such activities as may appear to the Agency

necessary, advantageous or convenient to be carried on for, or in

connection with the proper performance or attainment of any of

the functions of the Agency under this Act or in order to make

the best use of the assets of the Agency;

(f) contract road works where such road works are to be

commissioned by a utility services provider, the Government or

any authority

Provided that where such works are contracted by the

Agency, this shall be done on behalf and at the expense of the

utility service provider or the Government or any authority

concerned;

(g) exercise, perform, discharge and delegate all such

rights, powers, duties and functions as are by or under this Act

vested in or assigned to the Agency;

(h) do all such other acts as are incidental to or

consequential upon the exercise, proper performance and

discharge of its powers, duties and functions, or for the

attainment of its functions, under this Act.

(2) For the purposes of the proper performance or attainment of

the functions of the Agency under this Act, the Agency may grant to

any third party the right to carry on, engage in, perform, whether in

whole or in part, and whether as operator, concessionaire, manager,

agent, independent contractor or otherwise, any functions, activities,

operations, duties or transactions which the Agency is authorised and

empowered or obliged to carry on or engage in or perform under or in

accordance with this Act

Provided that this sub-article shall not be construed as

exempting the Agency from complying with the requirements of any

applicable law, directive, authorisation, licence or permit.

(3)

In carrying out its functions, the Agency shall

(a) ensure that it is in possession of any licences, permits

or authorisations howsoever described as may be required by law

and that it complies with any conditions as may be imposed in

any such licences, permits or authorisations however so

described;

(b) be subject to and abide by any laws, orders,

directives, standards and any other legal requirements however

so described, as may be imposed by or under this Act or any

other law.

(4) Notwithstanding the provisions of any other law, the use,

administration and operation of all roads falling under the

responsibility of the Agency in terms of this Act are vested exclusively

in the Agency.

(5) The Agency shall, in the carrying out of its functions, consult

with any relevant public authority, including local councils, and any

private entities and establish processes and procedures as well as

working practices, to ensure efficient processes for any road works

that are to be undertaken by the Agency and for any permits to be

issued by any relevant public authority for road works in accordance

with the applicable law.

(1) The Agency shall be governed by a Board appointed in

accordance with the provisions of this Act.

(2) The Board shall be responsible for the business of the Agency

and for the formulation and implementation of the policy and strategy

of the Agency, and shall give to the Chief Executive Officer such

directions as it deems proper for the proper performance by the

Agency of its functions.

(3) In particular, but without prejudice to any other duty assigned

to the members of the Board, whether individually or collectively by

this Act or any other law, the members of the Board shall

(a) act honestly and in good faith and promote the best

interests of the Agency;

(b) be obliged to exercise the degree of care, diligence

and skill which would be exercised by a reasonably diligent

person having both

(i) the knowledge, skill and experience that may

reasonably be expected of a person carrying out the same

functions as are carried out by or entrusted to that Board

member in relation to the Agency; and

(ii) the knowledge, skill and experience that that

Board member has;

(c) not make any profit from their position, nor make

personal gain or give any advantage to any third party from

confidential Agency information;

(d) ensure that their personal interests are not in conflict

with the interests of the Agency;

(e) not use any property or information of the Agency

for their own benefit or for the benefit of any other persons, nor

obtain benefit in any other way in connection with the exercise

of their powers;

(f) exercise the powers they have only for the purposes

for which the powers are conferred and not misuse such powers.

(1) The Board shall consist of seven (7) members appointed Composition of

Board of the

by the Minister, including the Chief Executive Officer.

Agency.

(2) The Minister shall designate one of the appointed members as

Chairperson and another member as deputy Chairperson. The deputy

Chairperson shall have all the powers and perform all the functions of

the Chairperson during his absence or in the event that the office of the

Chairperson becomes vacant.

(3) The Minister shall select the members from among persons

who appear to him to be qualified by reason of having had experience

of, and shown capacity in, matters relating to the functions of the

Agency under this Act.

(4) The members shall receive such remuneration as the Minister

may from time to time determine.

(1) There shall be appointed a secretary to the Board, who Secretary to the

shall be appointed for a period of three (3) years and shall, on the Board.

expiry of the term of appointment, be eligible for re-appointment. If

the secretary is appointed at any time after any one or more members

have already been appointed, the term of appointment of the secretary

shall end on the date being three (3) years after the appointment of the

first member appointed as a member of the Board. The secretary shall

be appointed by the Board.

(2) The secretary to the Board appointed in terms of sub-article

(1) above shall not be a member of the Board, but shall have the right

to attend Board meetings.

(3) The secretary to the Board shall be responsible for

maintaining the minutes of meetings of the Board and for keeping and

maintaining such registers and records as the secretary may be

required to keep by the Board.

(4)

The secretary to the Board shall ensure that

(a) adequate prior notice of all meetings is given to all

members of the Board; and

(b) all returns and other documents of the Agency are

prepared and delivered in accordance with the requirements of

any applicable law and regulations.

(5) The provisions of article 12 shall apply to the secretary of the

Board.

(1) Subject to the provisions of sub-article (3) and article

12, the members of the Board shall hold office for a period of up to

three (3) years and on such terms and conditions as the Minister may

deem appropriate

Provided that a member shall, on the expiry of this term of

appointment, be eligible for re-appointment.

(2) The Minister may at any time terminate the appointment of

any member of the Board if the Minister considers that such member is

unfit to continue in office or has become incapable of properly

performing the duties of a member of the Board.

(3) If a member is appointed at any time after any one or more

other members have already been appointed, the term of appointment

of all members shall end on the date being three (3) years after the

appointment of the first member appointed as a member of the Board.

(1) A natural person shall be disqualified for appointment

to, or to remain a member of the Board if such person

(a)

is a Minister or Parliamentary Secretary; or

(b)

is a Judge or Magistrate of the Courts of Justice; or

(c)

is legally incapacitated or interdicted; or

(d)

has been declared an undischarged bankrupt or has

made a composition or arrangement with his creditors; or

(e) is subject to disqualification under article 320 of the

Companies Act or is subject to black-listing as provided in the Cap.

386. Public Procurement Regulations; or

(f) has any personal financial or business interests in any

business, enterprise or activity which is connected to any of the

functions of the Agency and which is likely to affect his

independence or objectivity in the proper discharge of his

functions as a member of the Board; or

(g) is a connected person to the person mentioned in sub-

article (f) above.

(2) Notwithstanding the above or any other provision of this Act

or of any other law, no person occupying a public office or any office

in any agency or body established by law or a company in which the

Government has a controlling interest, shall be disqualified from

occupying the office of Chairperson of the Agency, member of the

Board of the Agency or Chief Executive Officer of the Agency.

(1) Any member who has a direct or indirect interest in any Conflicts of

contract, proposed contract or in any transaction or arrangement interests.

(whether or not constituting a contract) made or proposed to be made

by or with the Agency, not being an interest which disqualifies such

member under article 11 above from being or remaining a member,

shall disclose the nature of such interest, or, if applicable, the nature of

the interest of a connected person, at the first meeting of the Board

after the relevant facts have come to the knowledge of such member.

(2) After the disclosure has been recorded in the minutes of the

meeting of the Board, that member shall withdraw from that part or

parts of the meeting at which such contract, proposed contract,

transaction or arrangement however so described is discussed or

decided on by the Board and, in any event, that member shall be

prohibited from voting on such contract, proposed contract, transaction

or arrangement.

(3) If the Board is of the view that an interest disclosed to it under

article 12(1) is such that it satisfies the grounds for disqualification of

a person from being a member of the Board in terms of article 11(1)(f)

or (g) above, the Board shall notify the Minister in writing, and the

Minister shall take such steps as he may deem necessary in such

circumstances, including either (i) notifying the Board that he

disagrees with the Board giving his reasons therefor or (ii) terminating

the appointment of such member pursuant to article 10(2).

(1) A member of the Board may resign from office at any

time, by letter addressed to the Chairperson and copied to the Minister.

(2) The appointment of any person as member of the Board and

the termination of office of any such member shall be notified in the

Gazette.

(1) The meetings of the Board shall be called by the

Chairperson, either on his own initiative or at the request of any two

(2) other members of the Board.

(2) A minimum of four (4) members of the Board shall constitute

a quorum at any meeting. Decisions shall be adopted by a simple

majority of the votes of the members present and voting. The

Chairperson shall have an initial vote and, in the event of an equality

of votes, a casting vote.

(3) Subject to the provisions of this Act, the Board may regulate

its own procedure.

(4) Subject to the foregoing provisions of this article, no act or

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

existence of any vacancy among the members, provided that the

minimum number of Board members in terms of sub-article (2) has

been satisfied.

(5) Notwithstanding that there occurs some defect in the

appointment of or qualification to be appointed as a member of the

Board, all acts done by a person acting in good faith as a member of

the Board shall be valid as if he were a member duly appointed and, or

qualified.

(1) The Minister may, in relation to matters that appear to

him to affect the public interest, from time to time, give to the Agency

directions of a general or of a specific character, not inconsistent with

the provisions of this Act, on the policy to be followed or other action

to be taken in the carrying out of the functions vested in the Agency by

or under this Act, and the Board shall, as soon as practicable, give

effect to all such directions.

(2) The Board shall afford to the Minister facilities for obtaining

information with respect to the property and activities of the Agency

and furnish him with returns, accounts and other information with

respect thereto, and afford to him facilities for the verification of

information furnished, in such manner and at such times as he may

reasonably require.

(1) The legal and judicial representation of the Agency shall Legal and

judicial

vest in the Chairperson

representation.

Provided that the Agency may appoint any one (1) or more

persons to appear in the name and on behalf of the Agency in any

proceedings and in any act, contract, instrument or other document

whatsoever, with such powers, authorities and under such terms and

conditions as the Board may determine from time to time, which

powers shall include the power of delegation.

(2) Any document purporting to be an instrument made or issued

by the Agency and signed by the Chairperson or by any officer

delegated by the Board on behalf of the Agency shall be received in

evidence and shall, until the contrary is proved, be deemed to be an

instrument made or issued by the Agency.

(1) The Chief Executive Officer shall be a member of the Executive

Board and shall be the most senior executive of the Agency and shall conduct

Agency.

be responsible and accountable directly to the Board for the executive

conduct of the Agency.

(2) Without limitation to the generality of the foregoing, the

responsibilities of the Chief Executive Officer shall include

(i)

the administration and organisation of the Agency;

(ii) the administrative control of the officers and other

employees of the Agency;

(iii) the implementation of the business plan of the

Agency, its objectives and budget;

(iv) upholding, promoting and fostering among the

Agency, its officers and its employees, the public service values

and those specific to the role of the Agency; and

(v) such other functions as may from time to time be

conferred or delegated to him by the Board.

(3) The Chief Executive Officer shall have such powers as are

necessary from time to time for the performance of the functions

vested in him by this Act, and such other powers as may be conferred

or delegated to him by the Board.

(1) Without prejudice to the other provisions of this Act, the Staff

appointment of officers and other employees of the Agency shall be appointments.

made by the Chief Executive Officer, in accordance with the policies

and directions of the Board from time to time.

(2) The Chief Executive Officer shall appoint and employ, at such

remuneration and upon such terms and conditions as may be

determined by the Board, such officers and employees of the Agency

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

discharge of the functions of the Agency.

(3) Notwithstanding the provisions of this article, the Prime

Minister may, from time to time on the recommendation of the Chief

Executive Officer of the Agency, direct that any public officer shall be

detailed for duty with the Agency in such capacity and with effect

from such date as may be specified in the direction of the Prime

Minister.

(1) Where any public officer is detailed for duty with the

Agency under article 18(3) above, such officer shall, during the time in

which such direction has effect in relation to him, be under the

administrative authority and control of the Agency but he shall for all

intents and purposes remain and be considered and treated as a public

officer.

(2) Without prejudice to the generality of the foregoing, a public

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

Government department however so described in

accordance with the terms and conditions of service

attached to the appointment held by him under the

Government on the date on which he was so detailed for

duty; or

(ii) receive remuneration and be subject to

conditions of service which are less favourable than those

attached to the appointment under the Government held by

him on 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 Agency;

and

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

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 for the purpose

of any other right or privilege to which he would have been

entitled, and responsible for any liability for which he would

have been answerable, but for the fact of his being detailed for

duty with the Agency.

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

(2)(a)(i) above, the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Agency.

(4) The Agency 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 Agency as aforesaid during the

period in which he is so detailed.

(1) The Agency may, with the approval of the Prime Offer of

Minister, offer permanent employment with the Agency to any officer permanent

employment

detailed for duty with the Agency under article 18(3) at the with

to public

remuneration and on terms and conditions not less favourable than officers detailed

for duty with the

those enjoyed by such officer on the date of such offer.

Agency.

(2) The terms and conditions of any permanent employment

offered by the Agency under the provisions of sub-article (1) shall not

be deemed to be less favourable merely because they are not in all

respects identical or superior to those enjoyed by the public officer

concerned on 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.

(3) Every public officer who accepts permanent employment with

the Agency offered to him under the provisions of sub-article (1) shall,

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

93. Widows’ and Orphans’ Pensions Act, and saving the provisions of

article 21, be deemed to have ceased to be in service with the

Government and to have entered into service with the Agency 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 Agency

shall be deemed to be service with the Government within the

meanings thereof respectively.

(4) Every such public officer as aforesaid who, immediately

before accepting permanent employment with the Agency was entitled

to benefit under the Widows’ and Orphans’ Pensions Act, shall Cap. 58.

continue to be so entitled to benefit thereunder for all intents as if his

service with the Agency were service with the Government.

(5) The Agency 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 permanent employment with the Agency

as aforesaid during the period commencing on the date of such

officer’s acceptance.

The members of the Board of the Agency and all officers and

employees detailed with the Agency under the provisions of article

18(3), but excluding any officer who accepts permanent employment

with the Agency in accordance with the provisions of article 20, shall

be deemed to be public officers or employees within the meaning of

the Criminal Code.

Part II: Financial Provisions

(1) The Agency shall cause to be prepared in every

financial year, and shall not later than four (4) weeks after the end of

each such year adopt, estimates of the income and expenditure of the

Agency for the next following financial year and submit them for the

consideration of the Minister in accordance with norms and practices

established by the Minister responsible for finance.

(2) The Agency shall be funded by the Government out of the

Consolidated Fund through such sums as the House may from time to

time authorise and through such sums as may be authorised by any

other law, to be appropriated to meet the cost of its operational and

capital expenditure identified in its financial business plan or budget.

(3) Any excess of revenue over expenditure shall, subject to such

directives as the Minister may, after consultation with the Minister

responsible for finance, from time to time give, be applied by the

Agency to the formation of reserve funds to be used for the purposes of

the Agency, and without prejudice to the generality of the powers

given to the Minister by this sub-article, any directive given by the

Minister as aforesaid may order the transfer to the Government, or the

application of such funds in such manner as may be specified in the

directive.

(4) Any funds of the Agency not immediately required to meet

expenditure may be invested in such manner as may from time to time

be approved by the Board.

(1) The Agency shall keep proper accounts and other

records in respect of its operations and shall cause to be prepared a

statement of accounts in respect of each financial year.

(2) The accounts of the Agency shall be audited by an auditor or

auditors to be appointed by the Agency and approved by the Minister

Provided that the Minister responsible for finance may, after

consultation with the Minister, require that the books and accounts of

the Agency be audited or examined by the Auditor General who shall

for this purpose have the power to carry out such physical checking

and any other certifications as he may deem necessary.

(3) After the end of each financial year, and not later than six (6)

months, the Agency shall cause a copy of the statement of accounts

duly audited to be transmitted to the Minister and to the Minister

responsible for finance, together with a copy of any report made by the

auditors on that statement or on the accounts of the Agency.

(4) The Minister shall cause a copy of every such statement and

report to be laid on the Table of the House as soon as practicable.

(1) The Agency shall, not later than six (6) months after the Annual reports.

end of each financial year, make and transmit to the Minister and to the

Minister responsible for finance, a report dealing generally with the

activities of the Agency during that financial year and containing an

audited statement of accounts together with such information relating

to the proceedings and working of the Agency as either of the

Ministers may from time to time require. The Minister shall cause a

copy of every such report to be laid on the Table of the House as soon

as practicable.

The Agency shall be exempt from any liability for the Exemption from

payment of income tax and duty on documents under any law for the taxation.

time being in force.

Part III: Liability for injury or damage

(1) In any action in respect of injury or damage sustained by Liability for

any person or property resulting from the failure to maintain a road, injury

damage.

such actions shall be instituted against

(i) the Authority for Transport in Malta in relation to any

injury or damage sustained by any person or property at the time

when before the order in article 27(1) the relevant road fell within

its responsibility in terms of applicable legislation;

(ii) the Agency in relation to any injury or damage

sustained by any person or property at the time when after the

order in article 27(1) the relevant road is within its responsibility

in terms of applicable legislation; and

(iii) a local council in relation to any injury or damage

sustained by any person or property at the time when the relevant

road is within its responsibility in terms of applicable legislation

and the orders in article 27(2) and (3) respectively as applicable

Provided that where a road is classified as a local

road in accordance with applicable legislation and is to any

extent the responsibility of a local council in terms of the Local

Councils Act, the responsibility for such local road shall not, to

the extent of such responsibility, be the function of the respective

local council if the works are of an extraordinary nature and in

such case the Agency will be responsible thereof.

(2) In either of the cases mentioned in sub-article (1) above in

relation to the Authority for Transport in Malta, the Agency or local

council as the case may be, it shall be a defence to prove that

(a) the Authority for Transport in Malta, the Agency or

local council, as the case may be, had taken such care as in the

circumstances was reasonably required to secure that the part of

the road to which the action relates was not dangerous for traffic;

or

(b)

that the injury or damage resulted -

(i) from works carried out on or under that part of

the road to which the action relates; and

(ii) from an event which occurred before the

completion of the re-instatement or making good of that

part of the road in accordance with any relevant

requirement.

(3) For the purposes of a defence under sub-article (2)(a) above,

the court shall in particular have regard to the following

(a) the character of the road, and the traffic which was

reasonably expected to use it;

(b) the standard of maintenance appropriate for a road of

that character and used by such traffic;

(c) the state of repair in which a reasonable person

would have expected to find the road;

(d) whether the Authority for Transport in Malta,

Agency or local council, as the case may be, knew or could

reasonably have been expected to know that the condition of the

part of the road to which the action relates was likely to cause

danger to users of the road;

(e) where the Authority for Transport in Malta, the

Agency or local council, as the case may be, could not

reasonably have been expected to repair that part of the road

before the cause of action arose, what warning notices of its

condition had been displayed

Provided that for the purposes of such a defence, it

shall not be relevant to prove that the Authority for Transport in

Malta, the Agency or local council, as the case may be, had

arranged for an authorised contractor to carry out or supervise

the maintenance of the part of the road to which the action

relates, unless it is also proved that the Authority for Transport in

Malta, the Agency or local council as the case may be, had given

that contractor written instructions with regard to the

maintenance of the road and that it had carried out the

instructions.

Part IV: Transitory Provisions

(1) The Minister shall by order in the Gazette, bring into Transfer of

effect articles 5, 6 and Part III of this Act and thereby automatically functions

powers to the

transfer such functions and powers set out in articles 5 and 6 which are Agency.

currently vested in the Authority for Transport in Malta to the Agency

in accordance with the provisions of this Act. As of the date upon

which the functions or powers so transferred from the Authority for

Transport in Malta to the Agency become effective, the Authority for

Transport in Malta shall have no further liability or responsibility for

the discharge or carrying out of such functions or powers.

(2) The Minister shall, by order in the Gazette and after articles 5

and 6 and Part IV of this Act become effective, transfer to the Agency

such functions and powers with respect to roads which are vested in Cap. 363.

local councils under the Local Councils Act, in accordance with the

provisions of this Act. The Minister may affect such transfer in either

one or a series of schemes with respect to such roads as are to be set

out in the order in the Gazette, and in such manner as the Minister

considers most appropriate and expedient for the better attainment of

the objectives of this Act

Provided that until such time as the responsibility for a road is

transferred to the Agency in accordance with the provisions of this

article, the responsibility for that road shall remain with the local

council vested with that responsibility in accordance with applicable

legislation.

(3) The Minister may, from time to time by legal notice, re-

transfer certain functions and powers for the maintenance and upkeep

of local roads to local councils if it appears to the Minister that such re-

transfer of those functions and powers is appropriate or expedient for

the better maintenance and upkeep of those local roads

Provided that where a road is classified as a local road in

accordance with applicable legislation and is to any extent the

responsibility of a local council in terms of the Local Councils Act, the

responsibility for such local road shall not, to the extent of such

responsibility, be the function of the respective local council upon the

transfer thereof by the Agency, until such date as the Minister so

prescribes pursuant to a legal notice re-transferring such

responsibilities under this Act.

Where before the date of the coming into force of any part of

this Act there are any pending contracts concluded by the Authority for

Transport in Malta with third parties relating to any of the functions

transferred to the Agency by or under this Act, any such contract shall

be transferred to the Agency who shall, as from the date of coming into

force of this Act as aforesaid, substitute the Authority for Transport in

Malta as a party to the respective contract.

Where before the date of the coming into force of any part of

this Act there are any pending lawsuits, claims, final court judgments,

damages, penalties, fines, liabilities, demands and, or losses, against

the Authority for Transport in Malta relating to any of the functions

transferred to the Agency by or under this Act as from the date of the

coming into force of this Act as aforesaid, the Authority for Transport

in Malta shall remain solely responsible therefor, without any liability

on the part of the Agency

Provided that, save for the provisions of article 26, if a claim,

sanction, or recovery order is made with respect to a project in

connection to any road that was undertaken by the Authority for

Transport in Malta, then any liability, cost, or expense that may

eventually arise with respect to such project shall remain at the charge

of the Authority for Transport in Malta.

PART III

Amendments to the Authority for Transport in Malta Act

(1) This Part amends the Authority for Transport in Malta

Act and this Part shall be read and construed as one with the Authority

for Transport in Malta 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 Transport may by notice in the Gazette

establish, and different dates may be established for different

provisions of this Part.

Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a) immediately after the definition "goods" there shall

be added the following new definition

" "Infrastructure Malta" means the Agency for

Infrastructure Malta established by the Agency for Act

of 2018.

Infrastructure Malta Act, 2018;";

(b) immediately after the definition "prescribed" there

shall be added the following new definition

" "private roads" shall have the same meaning

assigned to it by article 2 of the Agency for Infrastructure Act No. XXVIII

Malta Act, 2018;";

of 2018.

(c) the definition "road" shall be substituted by the

following

" "road" shall have the same meaning assigned to it

by article 2 of the Agency for Infrastructure Malta Act,

Act No. XXVIII

2018;".

of 2018.

In paragraph (c) of sub-article (5) of article 5 of the principal Amendment of

Act for the words "in the Gazette; or" there shall be substituted the article

principal Act.

words "in the Gazette:", and immediately thereafter there shall be

added the following new proviso

"Provided further that notwithstanding the provisions of

this Act or of any other law, no person occupying a public office

or any office in an agency or body established by law or a

company in which the Government has a controlling interest,

shall be disqualified from occupying the office of Chairperson of

the Authority, member of the Authority or Chief Executive

Officer of the Authority; or".

In paragraph (m) of sub-article (1) of article 6 of the principal Amendment of

Act, for the words "Authority; and" there shall be substituted the article

principal Act.

words "Authority:" and immediately thereafter there shall be added the

following new proviso

"Provided that, in so far as any of the policies, schemes or

strategies of the Authority as set out in this sub-article (1)

concern or relate, to any extent, to the functions of Infrastructure

Malta, the Authority shall consult Infrastructure Malta prior to

the implementation of any policy, scheme or strategy in terms of

sub-article (1); and".

Article 7 of the principal Act shall be substituted by the

Amendment of

article 7 of the

following

principal Act.

7. Without prejudice to the powers and

"Powers and

functions in

functions granted to the Authority in terms of

connection

with roads

article 6, the Authority shall have the following

and railways

powers and functions specifically in connection

and transport

by road and

with roads and railways and transport by road

by rail.

and by rail

(a) to regulate transport by road,

the registration, licensing and use of

vehicles, the licensing of all commercial

operations connected with road transport,

and to make provision for any matter that

is provided for under this Act in

connection with transport by road;

(b) to do all such things as may be

necessary for the regulation, management,

safety and control of road traffic both at a

national as well as at local level and for

this purpose to adopt strategies and

standards that are benchmarked at a

European level;

(c) to plan, design, regulate and

authorise road traffic signs or signals, road

markings and traffic calming measures,

the installation of traffic control

equipment and related lighting equipment,

the construction of road ramps, the

installation of speed cameras and other

road traffic facilities for the purposes of

traffic, management and control;

(d) to administer, operate and

maintain electronic road traffic and safety

signs or signals, electronic road traffic

markings and traffic control equipment

and related lighting equipment;

(e) to establish standards and

specifications to be maintained and

complied with in the execution of any

works connected with roads and to do all

such things as are necessary or expedient

to ensure adherence to such standards and

specifications by any local council, the

Agency for Infrastructure Malta or person

who carries out works on a road

independently of who is responsible for

that road and for this purpose to set up

regular programmes to verify as well as to

ensure the implementation of such

standards and specifications;

(f) to carry out road safety audits,

road safety assessments and any other

functions relating to roads set out in the

New Roads and Road Works Regulations

and any other law;

(g) without prejudice to any

application that may have to be made

under the Development Planning Act, to

act as the sole authority to grant permits

for any work on any road;

(h) to grant rights of way on

roads, other than private roads, to persons;

(i) to determine the classification

or re-classification of roads as the

Authority may consider most appropriate

or expedient and to keep and cause to be

published a list of such classifications;

(j) to do all such things as are

necessary or expedient for the testing,

registration and licensing of vehicles,

owners of vehicles, commercial operators

of vehicles, drivers of vehicles, or other

persons connected with road transport;

(k) to ensure the provision of

adequate, efficient and environmentally

friendly public transport systems and for

this purpose to either provide such

services itself or enter into a contract of

service or other binding instrument with

one or more operators to provide such

services, whether on an exclusive basis or

otherwise, as the Authority may

determine;

(l) to plan, install, construct and

maintain bus stops, fare stages, bus

termini, taxi stands, karrozzini stands and

other commuter facilities, and to regulate

the installation of bus shelters;

(m) to plan, design, construct, re-

construct, authorise, permit, regulate,

administer, maintain, repair and restore

accordingly, billboards, benches, kiosks

and any other thing that may be affixed to

the surface of a road, save as has been

vested in Infrastructure Malta in terms of

Act No.

the Agency for Infrastructure Malta Act,

XXVII of

2018. 2018 or any other law;

(n) to provide and regulate

parking places for motor vehicles in

public areas and roads, and to regulate and

issue licences to car park attendants; and

(o) to

establish

weights,

dimensions and equipment requirements

for motor vehicles.".

In sub-article (3) of article 31 of the principal Act, for the

words "three months" there shall be substituted the words "six

months".

In article 34 of the principal Act, for the words "three months"

there shall be substituted the words "six months".

In the First Schedule of the principal Act

(a)

paragraph 5 shall be deleted;

(b) paragraphs 6, 7, 8 and 9 shall be renumbered as

paragraphs 5, 6, 7 and 8 respectively;

(c)

paragraph 7 as renumbered shall be substituted by the

following

"7. Enforcement Directorate - which shall have the

responsibility for the overall enforcement of the provisions

of this Act and other laws and regulations regulating road,

sea and air transport, including in particular the

management of traffic and the promotion of traffic safety.".

PART IV

Amendments to the Local Councils Act

(1) The provisions of this Part amend the Local Councils Amendments to

Act and this Part shall be read and construed as one with the Local the

Councils Act.

Councils Act, hereinafter referred to in this Part as the "principal Act". Cap. 363.

(2) The provisions of this Part shall come into force on such date

as the Minister responsible for Transport may by notice in the Gazette

establish, and different dates may be established for different

provisions of this Part.

Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a) immediately after the definition "Information

and Data Protection Commissioner", there shall be added the

following new definition

""Infrastructure Malta" means Agency for

Infrastructure Malta as established by the Agency for Act No. XXVIII

Infrastructure Malta Act, 2018;";

of 2018.

(b) immediately after the definition "locality", there shall

be added the following new definition

" "local road" shall have the same meaning assigned

to it in article 2 of the Agency for Infrastructure Malta Act, Act No. XXVIII

2018;";

of 2018.

(c) immediately after the definition "population of a

locality" there shall be added the following new definition

" "private road" shall have the same meaning

assigned to it in article 2 of the Agency for Infrastructure Act No. XXVIII

Malta Act, 2018;";

of 2018.

(d) immediately after the definition "resolution", there

shall be added the following new definition

" "road" shall have the same meaning assigned to it

under article 2 of the Agency for Infrastructure Malta Act,

2018 and for the purposes of this Act, where applicable, it

shall also include any local road, alley, square, bridge,

shore front, quay, or other place of public passage or

access;";

(e) the definition "street" shall be deleted and the words

"street" or "streets" wherever they occur in the principal Act,

shall be substituted by the words "road" or "roads" respectively.

Article 33 of the principal Act shall be amended as follows

(1)

sub-article (1) thereof shall be amended as follows

(a) paragraph (a) shall be substituted by the

following

"(a) to provide, with respect to any road, other

than any road the responsibility for which vests in

Infrastructure Malta in terms of the Agency for

Infrastructure Malta Act, 2018 or any regulations

made thereunder, for its upkeep and maintenance, or

improvements therein, and to provide and maintain

proper road signs and road markings, in conformity

with national and international standards

Provided that maintenance in relation to

any road referred to under this paragraph includes the

patching and resurfacing thereof, but does not

include its reconstruction;";

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

following

"(b) with respect to any road, to provide for

sweeping, cleaning and weed cutting, cleaning of

road signs and road lights, the collection and removal

of all refuse, for the maintenance of cleanliness and

for the upkeep and maintenance of all public

conveniences, dustbins and other receptacles for the

temporary deposit and collection of waste and to

ensure that these are all accessible to all persons,

including persons using a wheel-chair;";

(c) paragraph (d) shall be substituted by the

following

"(d) to propose measures which relate to the

maintenance and repair of local roads, pedestrian areas,

parking areas, road signs and road markings within the

locality, to provide for the installation and maintenance of

bus shelters in accordance with standards and

specifications laid down by the competent transport

authority, pedestrian and parking areas and provide for the

protection of school children in the vicinity of schools;";

(d) paragraph (e) shall be substituted by the

following

"(e) to propose to and, where applicable be

consulted by, any competent authority or agency

prior to the competent authority or agency making

any changes in traffic schemes directly affecting the

locality;";

(e) paragraph (f) shall be substituted by the

following

"(f) to make recommendations to any

competent authority or agency for or in relation to

any planning or building scheme and to be a full

participant in any decisions on the naming or

renaming of streets;";

(f) paragraph (w) shall be substituted by the

following

"(w) to enter into agreements with any agency

or public body or Government department for the

delegation to the local council of any of the functions

of that agency, public body or department

Provided that any such delegation shall only

come into effect after the Minister has made the relevant

order in the Gazette;";

(2) sub-article (2) thereof shall be substituted by the

following

"(2) National monuments, national parks or

gardens, industrial estates, ports, airports and other

national territories, establishments, buildings and items

listed in the Fourth Schedule to this Act are the

responsibility of the Government, except as provided in

terms of sub-article (1)(w) or (x), and are totally excluded

from the competence of local councils.";

(3) immediately after sub-article (3) thereof, there shall

be added the following new sub-article

"(4) The Minister responsible for transport retains

the right to, at any point in time as may be determined by

the Minister responsible for transport, transfer all and any

rights previously pertaining to Infrastructure Malta in

relation to a local road in terms of the Agency for

Infrastructure Malta Act, 2018 or any other law, to a local

council.".

PART V

Amendments to the Public Administration Act

(1) The provisions of this Part amend the Public

Administration Act and this Part shall be read and construed as one

with the Public Administration Act, hereinafter referred to in this Part

as the "principal Act".

(2) The provisions of this Part shall come into force on such date

as the Minister responsible for Infrastructure may by notice in the

Gazette establish.

In the Fourth Schedule of the Public Administration Act,

immediately before "Aġenzija Żgħażagħ" there shall be added the

following

" Agency for Infrastructure Malta To perform any functions however so

described relating to the design,

construction, repair, maintenance and

operation of infrastructural projects

including

the

setup

and

implementation of strategies and

policies related thereto".

PART VI

Amendments to Subsidiary Legislation

The Public Procurement Regulations shall be amended as

(a) in Schedule 1 thereof, immediately after the words

"Gozo Heliport Limited" there shall be added the words

"Infrastructure Malta";

(b) in Schedule 3 thereof, immediately after the words

"Local Councils" there shall be added the words "Infrastructure

Malta".

In Schedule 1 of the Concession Contracts Regulations, Amendment of

immediately after the words "Institute for Education" there shall be Schedule

the Concession

added the words "Infrastructure Malta".

Contracts

Regulations.

Passed by the House of Representatives at Sitting No. 137 of the 4th

July, 2018.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€2.88