ACT No. XVIII of 2019 AN ACT to provide for the establishment of an Authority to be known as the Gozo Regional Development Authority and for the exercise, by or on behalf of that Authority, of regulatory and consultative functions regarding the implementation of the Regional Development Strategy

I assent.

(L.S.)

GEORGE VELLA

President

14th June, 2019

ACT No. XVIII of 2019

AN ACT to provide for the establishment of an Authority to be known

as the Gozo Regional Development Authority and for the exercise, by

or on behalf of that Authority, of regulatory and consultative functions

regarding the implementation of the Regional Development Strategy

for Gozo and to make provision with respect to matters ancillary

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 Gozo Regional

Development Authority Act, 2019.

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

for Gozo may by notice in the Gazette establish, and different dates

may be so established for different provisions and different purposes

of the Act.

[Article 8(1)(d)]

Performance Agreement between the Gozo Regional Development

Authority and an implementing Government department and, or

entity within the Ministry for Gozo

A Performance Agreement is to have the following sections

01. Actions and measures under the regional development

strategy for Gozo delegated to the implementing

Government department and, or entity within the Ministry

for Gozo.

02. The responsibilities, relationships and accountability

parameters between the Gozo Regional Development

Authority as the ‘purchaser’ of the implementation service

and the Government department and, or entity within the

Ministry for Gozo as the ‘supplier’ of the implementation

service.

03. The planning, reporting and control framework established

between the Gozo Regional Development Authority as the

‘purchaser’ of the implementation service and the

Government department and, or entity within the Ministry

for Gozo as the ‘supplier’ of the implementation service.

04. The budget management framework for the specified

action and, or measure established between the Gozo

Regional Development Authority as the ‘purchaser’ of the

implementation service and the Government department

and, or entity within the Ministry for Gozo as the ‘supplier’

of the implementation service.

05. Key performance indicators and targets.

In this Act, unless the context otherwise requires -

"Authority" means the Gozo Regional Development Authority

established by this Act and any reference to the Authority shall,

unless the context otherwise requires, be construed as including a

reference to any person authorised by the Authority to act for or on its

behalf;

"authorization" means any authorization including any general

authorization, licence, right to use or permit, however so described,

that a person may hold or be granted under any law which the

Authority is entitled to enforce or administer;

"Board" means the Board of the Authority composed of the

Chairman and members appointed in accordance with article 3;

"Chairman" means the Chairman of the Authority and includes,

in the circumstances mentioned in article 3(3), the Deputy Chairman

or other person appointed to act as Chairman;

"contractor" means a person acting in pursuance of an

agreement entered into with the Authority or in accordance with

article 9(3);

"decision" includes any directive, determination, direction,

licence condition, measure, requirement or specification however so

described made by the Authority and the word "decision" shall be

construed accordingly;

"directive" means a directive issued by the Authority;

"employee" means a person employed by the Authority;

"functions" includes responsibilities, powers and duties;

"Minister" means the Minister for Gozo;

"Ministry" means the Ministry for Gozo Affairs;

"Tribunal" means the Administrative

Review Tribunal

established by article 5 of the Administrative Justice Act;

"undertaking" means a person providing or authorised to

provide works and, or services and, or associated facilities.

PART II

Establishment, Functions and Conduct of Affairs of the Authority

[Article 8(1)(f)]

Regional Impact Assessment Study

01. Objective

The purpose of the Regional Impact Assessment Study

(RIAS) is to ensure that

(a)

Gozo’s

significant

economic,

social

and

environment characteristics are factored in the

national strategy, policy design and planning;

(b)

the impacts of proposed policies and actions are

assessed within the context of the regional

development strategy for Gozo;

(c)

Gozo is incorporated within the implementation

targets and actions of such national strategy, policy

design and planning.

02. Implementing the Regional Impact Assessment

(a) Permanent Secretary or Executive Chairman or

Chairman

(i) When a Ministry, department, authority, agency

or any other form of government entity is to undertake

any one of the initiatives referred to in article 8(1)(f) of

this Act, the responsible Permanent Secretary, Executive

Chairman or Chairman of the government department or

entity is to ensure that such work is complemented by a

RIAS.

(ii) The Office of the responsible Permanent

Secretary, Executive Chairman or Chairman of the

government department or entity is to inform the

Chairman of the Gozo Regional Development Authority

that a RIAS is to be carried out.

(iii) The Chairman of the Gozo Regional

Development Authority shall appoint the Chief

Executive Officer of the Authority to work with the

responsible entity on the RIAS and will formally inform

the Permanent Secretary, Executive Chairman or

Chairman of the government department or entity of the

person assigned.

(b)

Preparing a Regional Impact Assessment Study

(i) The RIAS is to demonstrate that appropriate

consultation and research took place in relation to the

potential impact, on Gozo and on Gozo-related affairs,

of a proposal under consideration. The RIAS is to

incorporate the central aspects presented in the Table

below.

Table 01: Aspects Central to the Regional Impact

Assessment Study

Consideration

Whether the proposal has an impact on Gozo.

The significance of the impact on Gozo.

How the proposal is adjusted to ensure that Gozo’s

needs are addressed in so far that it is possible.

(ii) The RIAS is to assess both the positive and

negative impacts on Gozo arising from a proposal under

consideration. The assessment is based on three primary

factors

Table 02: Factors and Considerations to be assessed

when preparing the Regional Impact Study

Checklist of Considerations to be Assessed

For existing enterprise and industry.

Employment.

Business or capital investment.

Disposable income.

Cost of business.

Attracting business and capital to Gozo.

Infrastructure.

Effect on population numbers and demographics

profile.

Access to education.

Access to healthcare.

Poverty alleviation.

Housing.

Social

Impact on commuting between Gozo and Malta.

Impact on culture and heritage.

Impact on marginal groups.

Local government facilities and services.

Central government facilities and services.

Urban environment.

Rural environment.

Waste management.

Environment

Climate change (mitigation and adaptation).

Transportation.

Marine, maritime and land resources.

The attributes presented in the checklist above are for the

purpose of example and are not intended to be exhaustive.

03. A primary purpose of the RIAS is to provide the

opportunity to the Gozo economic operators and social

partners to be consulted on changes arising from a proposal

under consideration.

Such consultation process will be managed on behalf of the

responsible government entity by the Gozo Regional

Development Authority and will be carried out in Gozo.

This consultation is carried out as part of the process

leading to the conceptual articulation of the proposal under

consideration and not after its articulation and publication.

04. The RIAS is carried out jointly between the Gozo Regional

Development Authority and responsible government entity.

This inter-ministerial coordination is of significant

importance to ensure joined-up policy design within the

context of the understanding and accounting for Gozo’s

distinct regional economic, social and environment

characteristics.

05. The extent of the detail of the RIAS should match the

complexity of a proposal under consideration. The level of

assessment will vary depending on the size and complexity

of the issue, level of controversy, and potential impact on

Gozo.

The RIAS is to assess both positive and negative impacts.

It should, to the extent possible, be quantitative in its

assessment and may include research analysis, modelling,

surveys, or specially commissioned research amongst

others.

06. Should the RIAS identify negative impacts or flow-on

effects, it should present strategies directed to manage

them. Solutions to negative impacts or flow-on effects may

include any one or more of the categories presented in

Table 03.

Table 03: Solutions to Negative Impacts or Negative Flow-on

Effects

Avoidance

Altering the proposal so that the impact does not

occur in the first instance.

Minimisation

Modifying the proposal to reduce the severity of the

impact.

Mitigation

Alleviating or offsetting the impact.

Enhancement

Adding a desirable or positive feature to the proposal.

07. The RIAS is to be signed by both the Gozo Regional

Development Authority and the responsible Ministry.

0.8 On completion of the Regional Impact Assessment Study

(a)

a proposal is to make specific reference to the RIAS

setting out

(i)

the conclusions of the RIAS;

(ii) the recommendations of the RIAS which are

incorporated within the proposal under consideration;

(iii) the recommendations of the RIAS which are not

included within the proposal under consideration and the

reasons of why such recommendations are not accepted;

and

(b) the RIAS is presented as an appendix of the final

proposal documentation.

Passed by the House of Representatives at Sitting No. 236 of the

12th June, 2019.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€3.42

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

Regional Development Authority, the affairs and business of which and

of the Gozo

shall be carried out by a board composed of a Chairman and not less Regional

Development

than four and not more than six other members.

Authority.

(2) (a)

The Chairman and three members of the Board shall

be appointed by the Minister for a term of one year or for such longer

period as may be specified in the instrument of appointment subject

to a maximum of three years but the members so appointed may be

re-appointed on the expiration of their term of office. Such

appointments shall be made in such manner as to ensure an equitable

representation of society in Gozo including tourism and commercial

sectors.

(b) The three other members of the Board shall be

appointed by the Minister on the recommendation of each of the

following institutions of the Gozo public community

(i) one member to represent and be recommended

by the Diocese of Gozo;

(ii) one member to represent and be recommended

by the local councils in Gozo; and

(iii) one member to represent and be recommended

by the Gozo Regional Committee, established under the

the Malta Council for Economic and Social Cap. 431.

Development Act.

(3) The Minister may designate one of the members of the

Board, other than the Chairman, as Deputy Chairman and the member

so designated shall have all the powers and perform all the functions

of the Chairman during his absence or inability to act as Chairman or

while the Chairman is on vacation or during any vacancy in the office

of chairman, and the Minister may also, in any of the circumstances

aforesaid, appoint another person to act as chairman 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 Minister, Parliamentary Secretary or a member

of the House of Representatives; or

(b) was, for a period of up to five years immediately

before such nomination, a former Minister, Parliamentary

Secretary or a member of the House of Representatives; or

(c)

is a judge or magistrate of the courts of justice;

(d) has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his functions as

a member of the Board

Provided that the Minister may waive the

disqualification of a person under this paragraph if such person

declares the interest and the Minister considers that there are

valid reasons for such a waiver

Provided further that if the Minister decides to grant

such waiver, the declaration of the person stating his interest,

the waiver and reasons therefor shall be published in the

Gazette.

(5) Subject to the provisions of this article, the office of a

member of the Board shall become vacant

(a)

at the expiration of his term of office; or

(b) if any circumstances arise that, if he were not a

member of the Board, would cause him to be disqualified for

appointment as such.

(6) A member of the Board may only be removed from office

by the Minister for any one or more of the following reasons

(a)

if the member due to infirmity of mind or of body or

of any other cause is effectively unable to continue to discharge

his duties as a member;

(b) if the behaviour or performance of the member

brings into question his suitability or ability to continue as a

member, in particular for behaviour that affects or may affect

his reputation, independence or autonomy, or the reputation,

independence or autonomy of the Authority;

(c)

if the member has been convicted of a criminal

offence affecting public trust, or of theft or fraud, or of

knowingly receiving property obtained by theft or fraud or of

bribery or of money laundering, provided that the Minister may

suspend the member if he is being investigated for a criminal

offence; or

(d) if the member fails to perform his duties for a

prolonged period without any valid justification

Provided that notwithstanding the above, it shall be a cause

for the removal of a member if that member for any reason fails to

perform his duties, including attending for Board meetings, for a

continuous period exceeding six months.

(7) If the Minister removes a member of the Board from

office, such removal shall be made public by no later than the

effective date of removal from office. At the same time, the Minister

shall provide the member concerned with a statement of reasons for

his removal, and the member shall have the right to request that the

statement of reasons for his removal be made public, in which case

the Minister shall publish such statement.

(8) If a member resigns or if the office of a member of the

Board is otherwise vacant or if a member is for any reason unable to

perform the functions of his office, the Minister may, in the case of a

member referred to in sub-article (2)(a), appoint a person who is

qualified to be appointed to be a member to be a temporary member

of the Board, or, in the case of a member referred to in sub-article

(2)(b), the Minister shall request the institution which originally

recommended such member to recommend another member in

substitution thereof; and any person so appointed shall, subject to the

provisions of sub-articles (5) and (6), cease to be such a member

when a person has been appointed to fill the vacancy or, as the case

may be, when the member who was unable to perform the functions

of his office resumes those functions.

(9) Any member of the Board who has any direct or indirect

interest in any contract made or proposed to be made by the Board,

not being an interest which disqualifies such member from remaining

a member, shall disclose the nature of his interest at the first meeting

of the Board after the relevant facts have come to his knowledge;

such disclosure shall then be recorded in the minutes of the Board,

and the member having an interest as aforesaid shall withdraw from

any meetings at which such contract is discussed. Any such

disclosure shall be communicated to the Minister without delay.

Where the interest of the member is such as to disqualify him from

remaining a member, he shall report the fact immediately to the

Minister and tender his resignation.

(1) The Board and Chief Executive Officer of the

Authority shall take such steps as are necessary to ensure that they

present to the Minister a proposed corporate plan for the Authority for

three years of operation, which plan shall be reviewed by the end of

October of each year.

(2) The proposed corporate plan shall be in a form approved

by the Permanent Secretary for the Ministry for Gozo, and shall

include

(a)

the Authority’s strategic objectives together with its

broad plans for achieving them;

(b) the Authority’s plans for programme management

and overseeing the implementation of the Gozo Regional

Development Strategy, the carrying out of regional impact

assessment studies, and financial and human resources;

(c)

the Authority’s main undertakings;

(d) the information to be provided by the Authority to

the Minister during the three year period;

(e)

a business and financial plan containing such

information as the Minister may require;

(f)

the key performance indicators of the Authority;

(g) the management and application of regulatory

powers provided under an instrument of delegation by the

Minister; and

(h) such other matters as may be agreed upon by the

Permanent Secretary and the Minister from time to time.

(3) The Permanent Secretary shall, within fourteen days of

receiving the proposed corporate plan, submit it with any

modifications proposed by him to the Minister with a

recommendation in writing from him for its approval by the Minister.

(4) The corporate plan may be modified at any time by the

Authority with the approval of the Permanent Secretary and the

Minister.

(5) The Authority shall act only in accordance with the

corporate plan unless it has obtained the written approval of the

Minister and the Permanent Secretary to do otherwise.

The procedure for setting key performance indicators shall Procedure for

setting key

require that such indicators

performance

indicators.

(a) are set by the Chief Executive Officer in

consultation with the Board;

(b)

are related to the core business of the Authority;

(c)

are clearly linked to the Authority’s goals and

objectives;

(d) provide for transparency and are measurable and

credible; and

(e)

are certified by the Permanent Secretary as being

meaningful and relevant to the monitoring of the Authority’s

performance; and are approved by the Minister.

(1) A strategic review of the operations of the Authority Strategic

review.

shall be carried out every five years.

(2) The strategic review shall be conducted by such person or

persons as are appointed by the Minister on such terms and conditions

as are specified in the instrument of appointment.

(3)

The purpose of the strategic review shall be to provide -

(a) an evaluation of the Authority’s performance against

key performance indicators;

(b) an assessment of the efficacy, efficiency, and

effectiveness of the surveillance and enforcement framework

applied in instances where regulatory powers are delegated;

(c)

an assessment of the application of methodologies

and industry benchmarks introduced to ensure a standardised

approach; and

(d) an assessment of de-bureaucratisation measures

introduced.

(4) The findings of the strategic review shall be used to update

matters such as, but not limited to, the corporate plan and review of

instruments of delegation relating to regulatory powers and standards.

(5) Notwithstanding the provisions of sub-articles (1) to (4),

the Minister may at any time request an independent review on one or

more aspects of the operation of the Authority.

(1) The Minister may, by means of an instrument of

delegation, transfer surveillance and enforcement powers to the

Authority.

(2) In accordance with the provisions of article 6(5) the

Minister shall, by means of an independent review, monitor the

exercise of the power delegated under sub-article (1) in order to

ensure that such delegation is being exercised in terms of the

instrument of delegation and in terms of the provisions of articles 4

and 5.

(3) If, on the basis of sub-article (2), the Minister finds that the

Authority has not exercised its powers under the instrument of

delegation in accordance with the provisions of the said delegation

and the provisions of this Act, the Minister shall withdraw the relative

instrument of delegation.

(1) Subject to the provisions of articles 4 to 7, both

inclusive, the functions of the Authority shall be

(a)

to consult with the Government, the private sector,

constituted bodies and non-governmental organisations, and

private citizens in connection with any work which it intends to

carry out with regard to the design of a regional development

strategy for Gozo, subsequent to which a report relating to such

consultation process is to be presented to the Minister for

approval, with or without amendments, or otherwise;

(b) to give its recommendations regarding the setting up

of the Standing Committee on Gozo Affairs and regarding

discussions which are to be suggested to the Committee once

this is set up;

(c)

to own and steward the implementation of the

regional development strategy for Gozo once this is approved

by the Minister;

(d) to draw up performance agreements, as established

in Schedule I, with government departments or entities under

the responsibility of the Ministry which are assigned

responsibility for the implementation of measures and actions

identified in the regional development strategy for Gozo;

(e)

establish a Working Committee, as well as sub-

committees, as it may deem appropriate, with government

entities in order to achieve an ongoing functional relationship

with such government entities and to ensure that any decisions

required for the implementation of the regional development

strategy for Gozo are taken without undue delay;

(f)

to ensure that a regional impact assessment, as

established in Schedule II, is carried out when government

ministries intend presenting to Cabinet -

(i)

a national strategy;

(ii) a national policy;

(iii) a national action plan;

(iv) major new projects or services; and

(v) regulatory and legislative provisions,

which affects or affect, as the case may be, Gozo in order to

achieve an improved joined-up national strategy and policy

design, planning and implementation with the regional

development strategy for Gozo;

(g) to monitor the implementation process of the actions

and measures under the regional development strategy for Gozo

and take actions within parameters of responsibility assigned or

recommend action to the Minister to ensure smooth

implementation of such measures and actions;

(h) to carry out surveillance as to how measures and

actions under the regional development strategy for Gozo are

being implemented and how they are performing once

implemented;

(i)

to carry out enforcement actions, where such

authority is provided by the Minister under regulations made in

accordance with article 43 to secure and ensure the effective

performance of measures and actions under the regional

development strategy for Gozo;

(j)

to propose to the Minister policy matters with regard

to the design and implementation of the regional development

strategy for Gozo, and in particular to request the Government,

through the Minister, to ring-fence certain central funds to be

directed towards Gozo;

(k) to submit to the Minister a monthly formal report on

the implementation of actions and measures under the regional

development strategy for Gozo;

(l)

to formally review the regional development

strategy for Gozo every three years, which review is to be

placed by the Ministry for Gozo on the Table of the House of

Representatives once this is approved by the Minister; and

(m) to perform such other functions as may from time to

time be assigned to it by the Minister within the parameters of

the provisions of this Act.

(2) (a)

In the case of failure, on the part of the government

entity or entities concerned, to abide by the provisions of sub-

regulation (1)(f) the Authority shall be entitled, after consultation

with the Minister, to initiate the relative procedures itself for the

carrying out of the regional impact assessment mentioned therein.

(b) For the purposes of this Act, the expression

"government entities" shall have the meaning referred to it in article 3

of the Public Administration Act.

(3) It shall in particular be the duty of the Authority to exercise

such regulatory functions in the fields pertaining to it, as may from

time to time be assigned to the Authority by or under an Act of

Parliament.

(4) The Authority shall also, in accordance with the laws it is

entitled to regulate, monitor and keep under review all practices,

operations and activities relating to any matter regulated by or under

this Act.

(5) It shall be the duty of the Authority to carry out its

functions as established by or under this Act in an impartial and

transparent and timely manner and to ensure compliance therewith,

and without prejudice to the generality of the foregoing, to ensure that

persons providing any services, products, operations and activities in

or from Gozo relating to any matter regulated by the Authority,

comply with the provisions of this Act.

(6) The Authority may, in consultation with the Minister, issue

such directives as it may consider to be necessary for the carrying into

effect of or compliance with any of the provisions of this Act, or any

decisions that the Authority may take in accordance with its functions

under this Act, and it may amend or revoke such directives.

(7) Any directive issued by the Authority in accordance with

sub-article (6) and any amendment or revocation thereof shall be in

writing, state the reasons on which it is based and shall be notified to

the person concerned. The Authority may also publish any such

directive in such manner as it may consider appropriate in the

circumstances due account being taken of the importance of the

directive and its impact on the market.

(1) Subject to the provisions of articles 4 to 7, both Conduct of the

inclusive, the affairs and business of the Authority shall be the affairs

Authority.

responsibility of the Board which responsibility shall be exercised

through the Chairman of the Board

Provided that the Board may delegate or devolve all or part

of 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 or

devolved to him or to them by the Board.

(2) The Authority shall exercise its functions through such

officer or officers as the Board may from time to time designate in

accordance with sub-article (1).

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

exercise any one or more of its functions either directly or through

any of its officers or employees or through an agency authorized for

that purpose, or through a contractor or other person with whom an

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

has been entered into.

(4) Without prejudice to the provisions of sub-articles (1) to

(3), the Minister shall, in consultation with the Board, appoint a Chief

Executive Officer. Such appointment shall be for a period of three

years which may be extended for further periods of three years each.

(5) Subject to the provisions of sub-article (4), the Chief

Executive Officer shall attend all the meetings of the Board but shall

not vote at such meetings

Provided that the Authority may if it so deems fit, require

the Chief Executive Officer not to attend any of the meetings or any

part of a meeting.

(6) Subject to the provisions of sub-article (4), the Chief

Executive Officer shall be responsible for the implementation of the

functions of the Authority and other responsibilities assigned to him

under this Act and, without prejudice to the generality of the

foregoing, shall -

(a)

assume full responsibility for the overall

management and control of the day-to-day running of the

Authority;

(b) assign to the officers and employees of the

Authority such duties which are by, or in accordance with, the

provisions of this Act vested in the Authority;

(c)

co-ordinate the workings of the Authority;

(d) develop the necessary strategies

for

the

implementation of the objectives of the Authority;

(e)

advise the Board on any matter it may refer to him

or on any matter on which he considers his advice necessary or

expedient; and

(f)

carry out such other functions and duties as may be

assigned to him from time to time.

(7) The Chief Executive Officer, where appointed under the

provisions of sub-article (4), shall not hold any other office or

position without the written consent of the Authority.

(8) Subject to the provisions of sub-article (4), the Chief

Executive Officer may be dismissed by the Authority at any time for a

just cause and it shall be a just cause if the Authority determines that

he has not achieved the targets and objectives set for him by the

Authority.

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

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

Authority directions in writing of a general character, not inconsistent

with the provisions of this Act, on the policy to be followed in the

carrying out of the functions vested in the Authority by or under this

Act, and the Authority shall, as soon as may be, give effect to all such

directions.

(2) The Authority shall afford to the Minister facilities for

obtaining information with respect to its property and activities 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.

(3) If the Authority fails to comply with any directions issued

under this article, the Prime Minister may make an order transferring

to the Minister, in whole or in part, any of the functions of the

Authority.

(1) The Authority shall be a body corporate having a Legal

distinct legal personality and shall be capable, subject to the personality

representation

provisions of this Act, of entering into contracts, of acquiring, of the Authority.

holding and disposing of any kind of property for the purposes of its

functions, or suing and being sued, and of doing all such things and

entering into all such transactions as are incidental or conducive to

the exercise or performance of its functions under this Act, including

the lending or borrowing of money.

(2) The legal representation of the Authority shall jointly vest

in the Chairman and such other member of the Board or officer of the

Authority as the Board may appoint

Provided that the Authority may appoint one or more

members of the Board or one or more officers of the Authority to

appear in the name or on behalf of the Authority in any judicial

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

whatsoever.

(3) Any document purporting to be an instrument made or

issued by the Authority and signed by the Chairman, or such other

member of the Board or officer of the Authority as may by the Board,

in accordance with sub-article (2), be vested with the legal

representation of the Authority, shall be received in evidence and

shall, until the contrary is proved, be deemed to be an instrument

made or issued by the Authority.

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

Chairman as often as may be necessary but at least once a month respect

proceedings of

either on his own initiative or at the request of any two of the other the Authority.

members of the Board.

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

constituting the Board shall form a quorum. Decisions shall be

adopted by a simple majority of the votes of the members present and

voting. The Chairman, or in his absence the Deputy Chairman or

other person appointed to act as chairman, shall have an initial vote

and in the event of an equality of votes, a casting vote. Without

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

valid which is not supported by at least two members of the Board.

(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 Authority shall be invalidated merely by reason

of the existence of any vacancy among the members of the Board.

(5) All acts done by any person acting in good faith as a

member of the Board shall be valid as if he were a member

notwithstanding that some defect in his appointment or qualification

be afterwards discovered. No act or proceeding of the Authority shall

be questioned on the ground of the contravention, by a member, of the

provisions of article 3(9).

PART III

Officers and Employees of the Authority

Without prejudice to the other provisions of this Act, the

appointment of officers and other employees of the Authority shall be

made by the Authority. The terms and conditions of employment shall

be established by the Authority with the concurrence of the Minister.

The Authority shall appoint and employ, at such

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

accordance with article 13, determine, such officers and employees of

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

efficient discharge of the functions of the Authority.

(1) The Prime Minister may, at the request of the

Authority, from time to time direct that any public officer shall be

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

from such date as may be specified in the Prime Minister’s direction.

(2) 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.

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

Authority under any of the provisions of article 15, 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 Authority but

he shall for other intents and purposes remain and be considered and

treated as a public officer.

(2) 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 Cap. 93.

Ordinance and the Widows and Orphans’ Pensions Act and of Cap. 58.

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.

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

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

applicant had not been detailed for service with the Authority.

(4) 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.

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

Minister, offer to any officer detailed for duty with the Authority permanent

employment

under any of the provisions of article 15 permanent employment with with

Authority to

the Authority at a remuneration and on terms and conditions not less public officers

favourable than those enjoyed by such officer at the date of such detailed

with the

offer.

Authority.

(2) 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.

(3) Every officer who accepts permanent employment with the

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

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

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

sub-article (6), 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.

(4) 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

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

with the Authority were service with the Government.

(5) 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.

(6) (a)

For the purposes of this article posts and salary

grades with the Authority shall be classified in the most nearly

corresponding grades and incremental levels in the service under the

Government of Malta by reference to job description, skills,

responsibilities and other analogous factors.

(b) The classification referred to in paragraph (a) shall

be carried out by a board composed of a chairman appointed by the

Ministry responsible for finance and two other members, one

appointed by the Ministry responsible centrally for personnel policies

in the public service and one appointed by the Authority. The

classification shall be subject to the final approval of the Minister

responsible for finance.

(c)

Such classification shall take place within three

months of any adjustment of salaries of employees in Government

service and, or, of employees of the Authority.

(d) No post shall be classified in a grade higher than that

of a Grade 3 in the service of the Government or such other grade that

the Minister responsible for finance may from time to time by notice

in the Gazette determine.

(e)

Without prejudice to article 113 of the Constitution,

no person may, following a classification as aforesaid, be entitled to

rights under the said Pensions Ordinance less favourable than those to Cap. 93.

which he would have been entitled prior to such classification.

PART IV

Financial Provisions

(1) Without prejudice to the following provisions of this Authority to

article, the Authority shall so conduct its affairs that the expenditure meet

expenditure out

required for the proper performance of its functions shall, as far as of revenue.

practicable, be met out of its revenue.

(2) For such purpose the Authority shall levy all fees, rates

and other payments prescribed or deemed to be prescribed by or

under this Act or any other law related to the powers and functions of

the Authority.

(3) The Authority shall also be paid by Government out of the

Consolidated Fund such sums as Parliament may from time to time

authorise to be appropriated to meet the costs of specified works to be

continued or otherwise carried out by the Authority

Provided that any subvention received from Government

shall be exempted from any liability for the payment of income tax

and duty on documents under any law for the time being.

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

such directives as the Minister, after consultation with the Minister

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

Authority to the formation of reserve funds to be used for the

purposes of the Authority; and without prejudice to the generality of

the powers given to the Minister by this sub-article, any direction

given by the Minister as aforesaid may order the transfer to the

Government, or the application in such manner as may be specified in

the direction, of any part of the fees, rates and other payments levied

in accordance with sub-article (2) or any such excess as aforesaid.

(5) Any funds of the Authority not immediately required to

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

to time be approved by the Minister.

(1) For the purpose of carrying out any of its functions Power to

under this Act, the Authority may, with the approval in writing of the borrow

capital.

Minister given after consultation with the Minister responsible for

finance, borrow or raise money in such manner, from such person,

body or authority, and under such terms and conditions as the

Minister, after consultation as aforesaid, may in writing approve.

(2) The Authority may also, from time to time, borrow, by way

of overdraft or otherwise, such sums as it may require for carrying out

its functions under this Act

Provided that for any amount in excess of one hundred and

twenty thousand euro (€120,000), there shall be required the approval

of the Minister in writing.

The Minister responsible for finance may, after

consultation with the Minister, make advances to the Authority of

such sums as he may agree to be required by the Authority for

carrying out any of its functions under this Act, and may make such

advances on such terms and conditions as he may, after consultation

as aforesaid, deem appropriate. Any such advance may be made by

the Minister responsible for finance out of the Consolidated Fund,

and without further appropriation other than this Act, by warrant

under his hand authorising the Accountant General to make such

advance.

(1) The Minister responsible for finance may, for any

requirements of the Authority of a capital nature, contract or raise

loans, or incur liabilities, for such periods and on such terms and

conditions as he may deem appropriate; and any sums due in respect

of or in connection with any such loan or liability shall be a charge on

the Consolidated Fund.

(2) Notice of any loans, liabilities or advances made or

incurred under the foregoing provisions of this article shall be given

to the House of Representatives as soon as practicable.

(3) Pending the raising of any such loan as is mentioned in

sub-article (1), or for the purpose of providing the Authority with

working capital, the Minister responsible for finance may, by warrant

under his hand, and without further appropriation other than this Act,

authorise the Accountant General to make advances to the Authority

out of the Treasury Clearance Fund under such terms as may be

specified by the Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to the Authority, and any other moneys to be advanced to

the Authority under this article, shall be paid into a fund specially

established for the purpose and which shall be known as the "Gozo

Regional Development Authority Loan Fund".

(5) Sums received by the Accountant General from the

Authority in respect of advances made to the Authority under sub-

article (3) shall be paid, as respects of amounts received by way of

repayment into the Treasury Clearance Fund and, as respects of

amounts received by way of interest into the Consolidated Fund.

(1) The Authority shall cause to be prepared in every Estimates of the

financial year, and shall not later than six weeks after the end of each Authority.

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

Authority for the next following financial year

Provided that the estimates for the first financial year of

the Authority shall be prepared and adopted within such time as the

Minister may by notice in writing to the Authority specify.

(2) In the preparation of such estimates the Authority shall

take account of any funds and other monies that may be due to be

paid to it out of the Consolidated Fund during the relevant financial

year, whether by virtue of this Act or an appropriation Act or of any

other law; and the Authority shall so prepare the said estimates as to

ensure that the total revenues of the Authority are at least sufficient to

meet all sums properly chargeable to its revenue account including,

but without prejudice to the generality of that expression,

depreciation.

(3) The estimates shall be made out in such form and shall

contain such information and such comparison with previous years as

the Minister responsible for finance may direct.

(4) A copy of the estimates shall, upon their adoption by the

Authority, be sent forthwith by the Authority to the Minister and to

the Minister responsible for finance.

(5) The Minister shall, at the earliest opportunity and not later

than six weeks after he has received a copy of the estimates from the

Authority, approve the same with or without amendment after

consultation with the Minister responsible for finance.

(1) No expenditure shall be made or incurred by the Expenditure to

Authority unless it has been approved by the Minister as provided in be

approved

article 22.

estimates.

(2) Notwithstanding the provisions of sub-article (1) -

(a)

until the expiration of six months from the

beginning of a financial year, or until the approval of the

estimates for that year by the Minister, whichever is the earlier

date, the Authority may make or incur expenditure for carrying

on its functions under this Act not exceeding in the aggregate

one-half of the amount approved by the Minister for the

preceding financial year;

(b) expenditure approved in respect of a head or sub-

head of the estimates may, with the approval of the Minister

given after consultation with the Minister responsible for

finance, be made or incurred in respect of another head or sub-

head of the estimates;

(c)

in respect of the first financial year, the Authority

may make or incur expenditure not exceeding in the aggregate

such amounts as the Minister responsible for finance may, after

consultation with the Minister, allow;

(d) if in respect of any financial year it is found that the

amount approved by the Minister is not sufficient or a need has

arisen for expenditure for a purpose not provided for in the

estimates, the Authority may adopt supplementary estimates for

approval by the Minister and in any such case the provisions of

this Act applicable to the estimates shall as near as practicable

apply to the supplementary estimates.

The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of the estimates and

supplementary estimates of the Authority, or if at any time during that

period the House of Representatives is not in session, within eight

weeks from the beginning of the next following session, cause such

estimates to be laid on the Table of the House of Representatives.

(1) The Authority shall cause to be kept 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 Authority shall be audited by an

auditor or auditors to be appointed by the Authority and approved by

the Minister

Provided that the Minister responsible for finance may,

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

the Authority to be audited or examined by the Auditor General who

shall for the purpose have the power to carry out such physical

checking and other certifications as he may deem necessary.

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

date on which the estimates of the Authority are forwarded to the

Minister under article 22, the Authority shall cause a copy of the

statement of account 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 Authority.

(4) The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of every such statement

and report, or if at any time during that period the House of

Representatives is not in session, within eight weeks from the

beginning of the next following session, cause every such statement

and report to be laid on the Table of the House of Representatives.

(1) All monies accruing to the Authority shall be paid Deposit of

into a bank or banks appointed as bankers of the Authority by a revenues

payment by the

resolution of the Authority. Such monies shall, as far as practicable, Authority.

be paid into any such banks from day to day, except such sum as the

Authority may authorise to be retained to meet petty disbursements

and immediate cash payments.

(2) All payments out of the funds of the Authority, other than

petty disbursements not exceeding a sum fixed by the Authority, shall

be made by such officer or officers of the authority as the Authority

shall appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank account

of the Authority shall be signed by such officer of the Authority as

may be appointed or designated by the Authority for that purpose and

shall be countersigned by the Chairman, or such other member of the

Board or officer of the Authority as may be authorised by the

Authority for that purpose.

(4) The Authority shall also make provision with respect to -

(a)

the manner in which and the officer or officers by

whom payments are to be authorised or approved;

(b) the title of any account held with the bank or banks

into which the monies of the Authority are to be paid, and the

transfer of funds from one account to the other;

(c)

the method to be adopted in making payments out of

funds of the Authority;

and generally with respect to any matter which is relevant to the

proper keeping and control of the accounts and books, and the control

of the finance, of the Authority.

(1) Without prejudice to any directions communicated Contracts of

by the Minister under article 10(1), the Authority shall not, except supply or works.

with the approval of the Minister granted for special reasons and after

consultation with the Minister responsible for finance, award or enter

into any contract for the supply of goods or materials or for the

execution of works, or for the rendering of services, to or for the

benefit of the Authority, which is estimated by the Authority to

exceed seven thousand euro (€7,000) in value, or such other amount

as the Minister responsible for finance may by regulations prescribe,

except after notice of the intention of the Authority to enter into the

contract has been published and competitive tenders have been

issued.

(2) The provisions of the Public Procurement Regulations, and

other relevant legislation related to procurement in the public sector,

shall, mutatis mutandis, apply to the contracts referred to in sub-

article (1).

The Authority shall, not later than six weeks after the 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 Authority during that financial year and containing

such information relating to the proceedings and policy of the

Authority as either of the said Ministers may from time to time

require. The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of every such report, or

if at any time during that period the House of Representatives is not in

session, within eight weeks from the beginning of the next following

session, cause a copy of every such report to be laid on the Table of

the House of Representatives and the said report shall be discussed

during a dedicated parliamentary sitting.

PART V

Transfer of Certain Assets to the Authority

(1)

(a) The property and undertakings owned by the

Government and used by it, immediately before the date of the

coming into force of this Part of this Act, and used by it for the

operation of any of the functions which by this Act are being

transferred to or vested in the Authority shall, on the date aforesaid,

by virtue of this Act and without further assurance, be transferred to

and vested in the Authority under the same title by which they were

held by the Government immediately before the said date. The

provisions of this paragraph shall not apply to immovable property.

(b) The immovable assets from time to time specified in

an Order made by the President of Malta and published in the Gazette

(hereinafter referred to as "the immovable assets") being immovable

assets which immediately before the coming into force of this Part of

this Act were owned by the Government and used by it for the

operation of any of the functions which by this Act are being

transferred to or vested in the Authority, shall, with effect from such

day as may be specified in any such Order, and by virtue of this Act

and without any further assurance be transferred to and vested in the

Authority under the same title by which they were held by the

Government before such day.

(2) The transfer and vesting aforesaid shall extend to the

whole of such property and undertakings and, without prejudice to the

generality aforesaid, shall include all plant, equipment, apparata,

instruments, vehicles, craft, buildings, structures, installations, land,

roads, works, stocks and other property, movable or immovable,

assets, powers, rights and privileges and all things necessary or

ancillary thereto which are held or enjoyed in connection therewith or

appertaining thereto, as well as all obligations affecting or relating to

any of the aforesaid property or undertakings or other thing included

therein as aforesaid.

Subject to the provisions of this Act, all laws, rules, Construction of

regulations, orders, judgements, decrees, awards, deeds, bonds, laws, etc.

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

into force of this Part of this Act affecting or relating to any of the

properties or undertakings transferred to the Authority by or under

this Act shall have full force and effect against or in favour of the

Authority, and shall be enforceable freely and effectually, as if instead

of the Government or governmental authority the Authority had been

named therein or had been a party thereto, and otherwise in

substitution of the Government or governmental authority.

(1) When anything has been commenced by or under Transitory

the authority of the Government prior to the date of the coming into provisions.

force of this Part of this Act and such thing relates to any of the

properties or undertakings or any right or liability transferred to the

Authority by or under this Act, such thing may be carried on and

completed by or as authorised by the Authority.

(2) Where immediately before the coming into force of this

Part of this Act any legal proceedings are pending to which the

Government is or is entitled to be a party, and such proceedings are

related to any of the properties or undertakings, or any right or

liability transferred by or under this Act, the Authority shall, as from

the date aforesaid, be substituted in such proceedings for the

Government, or shall be made a part thereto in like manner as the

Government could have become, and such proceedings shall not abate

by reason of the substitution.

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

consequential and supplemental provisions as he may deem necessary

or expedient for the purpose of determining, as appropriate, the assets

transferred to the Authority by this Act and securing and giving full

effect to the transfer of any property or undertaking or any right or

liability to the Authority by this Act and make such orders as may be

necessary to make any powers and duties exercisable by the

Government in relation to any of the transferred property or

undertakings exercisable by or on behalf of the Authority.

PART VI

Enforcement

For the purposes of the exercise by the Authority of any of

its functions under this Act or any other law the Authority is entitled

to enforce, the Authority may be authorised by the Minister to

exercise all such powers as may be so delegated to it in pursuance of

the provisions of this Act.

(1) Except where otherwise provided by law, a person

shall not knowingly disclose confidential information obtained by

him while performing the duties of a member of the Board, or of an

officer or employee of the Authority or of an adviser or consultant to

the Authority, unless he is duly authorised in writing by the Authority

to do so

Provided that any such person shall remain bound by the

requirements of this article even after his appointment or

employment, howsoever described, with the Authority has come to an

end.

(2) In this article "confidential information" means any

information however so described which is considered by the

Authority to be confidential and in relation to which the Authority

has, in writing, notified the persons concerned of their duty of non-

disclosure.

(3) A person who contravenes this article shall be guilty of an

offence against this Act and shall, on conviction, be liable to a fine

(multa) not exceeding ten thousand euro (€10,000).

(4) Nothing in this article shall prevent the disclosure of any

information to the Authority or, by or on behalf of the Authority to

the Minister or as may be required at law.

Where an administrative infringement of any provision of

this Act or any other law which the Authority is entitled to enforce is

committed by a body corporate and is proved to have been committed

with the consent or involvement of or to be attributable to any gross

negligence on the part of a person being a director, manager, secretary

or other officer, however so described, of the body corporate or a

person who was purporting to act in any such capacity, that person, as

well as the body corporate, shall be liable to be proceeded against and

punished as if he was responsible for the said infringement.

The prosecution of a criminal offence or the initiation of Prescription for

proceedings to impose any sanction under this Act shall be prescribed offences

administrative

by the lapse of two years from the date on which the offence or infringements.

administrative infringement is alleged to have been committed.

PART VII

Administrative Review Tribunal

(1) The Administrative Review Tribunal shall be Administrative

competent to hear and determine appeals from decisions of the Review

Tribunal.

Authority as provided in this Act or in any law or regulations.

(2) The provisions of the Administrative Justice Act, in so far Cap. 490.

as they apply to the Administrative Review Tribunal, shall apply to

any proceedings before the said Tribunal and the words "public

administration" in the said enactment shall be construed as a

reference to the Authority.

(1) The Prime Minister may by Order in the Gazette Appeals from

extend the jurisdiction of the Tribunal to any decisions that the decisions

Authority.

Authority may take under any other law which the Authority is

entitled to enforce.

(2) The right of appeal to the Tribunal shall be competent to

any person aggrieved by the decision

Provided that in any case, a person making an appeal to the

Tribunal shall also explain his juridical interest in impugning the

decision appealed from.

(3) An appeal from a decision of the Authority shall be made

by application and shall be filed with the Secretary of the Tribunal

within twenty days from the date on which the said decision has been

notified.

(1) In determining an appeal the Tribunal shall take into Decisions of the

account the merits of the appeal, and may in whole or in part, confirm Tribunal.

or annul the decision appealed from, giving in writing the reasons for

its decision and shall cause such decision to be made public and

communicated to the parties to the appeal.

(2) Where the Tribunal considers that, having regard to its

determination of the appeal and all other relevant matters, there are

sufficient reasons rendering it equitable to do so, it may, either of its

own motion or on application by a party to the appeal, order that the

whole or part of the costs of any such party appearing before the

Tribunal, relating to the engagement of a lawyer and, or of a technical

adviser be refunded to a party or parties in the appeal as may be

declared in the order.

(1) The Tribunal shall endeavour to determine an appeal

within one hundred and twenty days from the lapse of the period by

when the Authority may file its reply to the aforesaid appeal and in

any case shall deliver its final decision not later than sixty days from

when the parties declare that they have concluded with their evidence

and made their final submissions.

(2) The Tribunal in order to assist it in the exercise of its

functions may appoint independent and impartial experts to advise it

on any issue that may be relevant to any appeal lodged before it. In

such cases the Tribunal shall be entitled to make both provisional and

final orders in respect of the payment of the costs and fees of such

experts by any of the parties to the appeal.

(3) The Minister may, subject to the provisions of this Act, by

regulations prescribe the procedure to be followed before the

Tribunal, and subject thereto and to any other provisions of this Act,

the Tribunal may regulate its own procedure.

(4) The Minister may by regulation amend any of the periods

stated in sub-article (1).

(1) The decision of the Authority pending an appeal

whether before the Tribunal or the Court of Appeal, shall stand and

shall be adhered to by all the parties to whom the decision applies.

(2) The Tribunal or the Court of Appeal, as the case may be,

where it considers it to be appropriate, may, on the application of a

party to the appeal, suspend in whole or in part the decision which is

the subject of the appeal pending the final determination of the

appeal. The Tribunal or the Court of Appeal in deciding whether or

not to suspend the decision shall state its reasons and shall take into

account all the relevant circumstances, including -

(a)

the urgency of the matter,

(b) the effect on the party making the request if the

application for suspension is not upheld, and

(c)

the effect on competitors if the application is upheld

Provided that a party, in making an application under this

article, shall state the factual and legal grounds establishing a prima

facie case for the suspension of the decision

Provided further that the Tribunal in determining any such

application may include such conditions as it considers necessary in

the circumstances.

The Authority shall collect information on the general Collection of

subject matter of appeals, the number of requests for appeal, the information

regarding

duration of the appeal proceedings and the number of decisions to appeals.

grant interim measures.

PART VIII

Miscellaneous Provisions

The members of the Board, and all officers and employees Persons deemed

of the Authority, shall be deemed to be public officers within the public officers.

meaning of the Criminal Code.

(1) The Minister may, after consultation with the Power to make

Authority, make regulations in respect of any of the functions of the regulations.

Authority and the Minister may, in compliance with any international

obligations of Malta, make any regulations relating to the imposition

of any fees, rates or other payments, howsoever described, that the

Authority may levy and in particular may prescribe the manner and

the purpose for their imposition.

(2) The Minister may, by regulations made under this Act,

amend, substitute or revoke any of the Schedules to this Act.

The members of the Board, officers and employees of the Exemption from

Authority in the performance of their functions under this Act or any liability.

other law administered by the Authority, shall not be liable for any

loss or damage suffered by any person by reason of anything done or

omitted to be done in good faith in the course of the administration of

this Act or any other law.

Where a notice, however so described, is required to be Service of

given by the Authority to any person whether under this Act or under notice.

any other law administered by the Authority, the notice shall be

addressed to that person and shall be given to the person in any of the

following ways

(a)

by delivering it to the person;

(b) by leaving it at the address at which the person

ordinarily resides or carries on business;

(c)

by sending it by registered post to the person at the

address at which the person ordinarily resides or carries on

business;

(d) if an address for the service of notices has been

provided by the person, by leaving it at, or sending it by

registered post addressed to the person to that address;

(e)

in any case where the Authority considers that the

immediate giving of the notice is required, by sending it, by

means of a facsimile machine or by electronic mail, to a device

or facility for the reception of facsimiles or electronic mail

located at the address at which the person ordinarily resides or

carries on business or, if an address for the service of notices has

been furnished by the person, that address, provided that the

facsimile machine of the sender generates a message confirming

successful transmission of the total number of pages of the

notice or the facility of the sender for the reception of electronic

mail generates a message confirming receipt of the electronic

mail

Provided that the provisions of this paragraph shall

not apply to the notification of documents filed before the

Tribunal or any Court.

(1) Where the Authority desires to sue for the recovery

of a debt due to the Authority under any law which it is entitled to

enforce for any licence or authorisation fee or other similar fee or

charge, however so described, that may be due, the Chairman or an

officer of the Authority duly authorised by the Authority to act on its

behalf may make a declaration on oath before the registrar, a judge or

a magistrate wherein he states the nature of the debt and the name of

the debtor and confirm that it is due.

(2) The declaration referred to in sub-article (1) shall be

served upon the debtor by means of a judicial act and it shall have the

same effect as a final judgement of the competent court unless the

debtor shall, within a period of twenty days from service upon him of

the said declaration, oppose the claim by filing an application

demanding that the court declare the claim unfounded.

(3) The application filed in terms of sub-article (2) shall be

served upon the Authority, which shall be entitled to file a reply

within a period of twenty days. The court shall appoint the application

for hearing on a date after the lapse of that period.

(4) Any debts due to the Authority in accordance with this

article shall be prescribed by the lapse of the period of five years from

the date on which the debt was due.

(1) An undertaking shall not, without the written prior Name of the

consent of the Authority, make or cause to be made any Authority

be used in any

representation in any visual or aural form, either specifically or by advertisement.

implication, to the effect that

(a)

any goods or services supplied by any undertaking

have the approval of the Authority; or

(b) any activity carried out by any undertaking has the

approval, or is conducted with the co-operation or assistance of

the Authority.

(2) Where the name, tradename, trademark or the designation

of any goods or services provided or supplied by an undertaking

appears in relation to a representation referred to in sub-article (1),

that undertaking shall be deemed for the purposes of this article to

have caused the representation to be made unless it proves that the

representation was made without its knowledge or connivance.

(3) An undertaking convicted under this article shall be liable

to a fine (multa) of not less than five hundred euro (€500) and not

more than five thousand euro (€5,000).