ACT No. XIII of 2019 AN ACT to amend the Malta Communications Authority Act, Cap.

I assent.

(L.S.)

GEORGE VELLA

President

12th April, 2019

ACT No. XIII of 2019

AN ACT to amend the Malta Communications Authority Act, Cap.

418. 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 Malta Communications

commencement.

Authority (Amendment) Act, 2019 and this Act shall be read and

construed as one with the Malta Communications Authority Act

hereinafter referred to as the ''principal Act''.

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

responsible for communications may by notice in the Gazette appoint,

and different dates may be so appointed for different provisions and

different purposes of this Act.

Sub-article (3) of article 4 of the principal Act shall be amended Amendment of

article 4 of the

as follows

principal Act.

(a)

paragraph (u) thereof shall renumbered as paragraph

(v); and

(b) immediately after paragraph (t) there shall be added

the following new paragraph

''(u) monitor and ensure the accessibility of websites

and mobile applications in accordance with the provisions of

this Act;''.

In the proviso to sub-article (1) of article 5 of the principal Amendment of

Act, immediately after the words "employees," there shall be added the article

principal Act.

words "to a Chief Executive Officer or", for the words "any officer"

there shall be substituted the words "any other officer" and

immediately after the words "by the Board." there shall be added the

words "The first Chief Executive Officer shall be appointed by the

Minister.

In sub-article (1) of article 6 of the principal Act the words ''on Amendment of

matters related to ex-ante market regulation and the resolution of article

principal Act.

disputes between undertakings in accordance with articles 43 and 44A.''

shall be substituted by the words ''on any matters related to the exercise

of any of its statutory functions however so described as provided for by

law.''.

Article 7 of the principal Act shall be amended as follows

Amendment of

article 7 of the

principal Act.

(a) in the proviso to sub-article (2) thereof, immediately

after the words "members of the Board" there shall be added the

words ", the Chief Executive Officer, if any,"; and

(b) in sub-article (3) thereof, immediately after the

words "member of the Board" there shall be added the words ",

the Chief Executive Officer, if any,".

In sub-article (1) of article 32 of the principal Act the words Amendment of

''The Authority shall before proceeding to take any of the measures article

principal Act.

under article 31'' shall be substituted by the words ''Unless otherwise

provided by or under this Act, the Authority shall before proceeding to

take any of the measures under article 31''.

Sub-article (7) of article 38 of the principal Act shall be deleted. Amendment of

article 38 of the

principal Act.

Immediately after article 40A of the principal Act there shall be Addition of new

article 41 to the

principal Act.

added the following new article

41. Any party to an appeal to the Tribunal, who

''Appeal to the

Court of Appeal

feels aggrieved by a decision of the Tribunal, may

appeal to the Court of Appeal in terms of the

Administrative Justice Act.''.

Sub-article (1) of article 46 shall be substituted by the

following

''(1) The Minister may, after consultation with the

Authority, make regulations in respect of any functions assigned to

the Authority including such functions as may be assigned in

compliance with any international obligations of Malta

Provided that the Minister may establish the procedure

to be followed by the Authority in the investigation of any

infringements and the enforcement of any sanctions that the

Authority may be empowered by law to impose.''.

Passed by the House of Representatives at Sitting No. 218 of the 9th

April, 2019.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36