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ACT No. XXI of 2020 AN ACT to amend various laws and subsidiary legislation pursuant to the devolution of certain Ministerial powers to various entities.

7 Articles / Provisions · Malta
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Table of Provisions (7)

Statutory Text (7 Articles)

Malta Government Gazette — Act 2020 21 · Gazzetta tal-Gvern ta’ Malta Nru. 20,393 – 23.04.2020 — ACT No. XXI of 2020 AN ACT to amend various laws and subsidiary legislation pursuant to the devolution of certain Ministerial powers to various entities.

I assent.

(L.S.)

GEORGE VELLA

President

23rd April, 2020

ACT No. XXI of 2020

AN ACT to amend various laws and subsidiary legislation

pursuant to the devolution of certain Ministerial powers to various

entities.

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:-

Malta Government Gazette — Act 2020 21 · Gazzetta tal-Gvern ta’ Malta Nru. 20,393 – 23.04.2020 — ACT No. XXI of 2020 AN ACT to amend various laws and subsidiary legislation pursuant to the devolution of certain Ministerial powers to various entities.

(1) The short title of this Act is the Devolution of Short title and

commencement.

Certain Ministerial Powers Act, 2020.

(2) The provisions of this Act shall come into force on the 1st

October, 2019, hereinafter referred to as "the operative date".

Malta Government Gazette — Act 2020 21 · Gazzetta tal-Gvern ta’ Malta Nru. 20,393 – 23.04.2020 — ACT No. XXI of 2020 AN ACT to amend various laws and subsidiary legislation pursuant to the devolution of certain Ministerial powers to various entities.

(Article 2)

Amendments to the Chapters of the Laws of Malta

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

" "public authority" means the " "public authority" means the

Government of Malta, Government of Malta,

including its Ministries and including its Ministries and

departments, local authorities departments, local authorities

and any body corporate and any body corporate

established by law."

established by law and

includes Boards which are

empowered in terms of law to

issue warrants for the exercise

of any trade or profession."

article 26D(4) "(4) Any person aggrieved by a "(4) Any person aggrieved by a

decision of the Commissioner decision of the Commissioner

in accordance with sub-article in accordance with sub-article

(1) of this article may appeal to ( 1 ) m a y a p p e a l t o t h e

the Minister within seven days A d m i n i s t r a t i v e

Review

from the notification in writing Tr i b u n a l wi t h i n se v e n d a y s

o f t h e r e f u s a l b y t h e from the notification in writing

Commissioner and the of the refusal by the

Minister, in the exercise of his Commissioner."

functions under this sub-

article, may seek the advice of

the Explosives Committee. The

decision of the Minister shall

be final and conclusive."

"(g) to recommend, in its "(g) to recommend, in its

decisions, any such action decisions, any such action

deemed fit and is to send its d e e m e d f i t a n d t o s e n d i t s

recommendations to the recommendations to the

M i n i s t e r a n d t o t h e S o c i a l Commissioner of Police and to

Affairs Committee about every the Social Affairs Committee

c o m p l a i n t a n d , o r r e q u e s t about every complaint and, or

received;"

request received;"

"with the approval of the "with the approval of the

Minister"

Commander"

"may recommend in writing to "may recommend in writing to

the Minister within twenty- the Commander within twenty-

four hours the minimum period four hours the minimum period

which in its view should lapse which in its view should lapse

before the prisoner is released before the prisoner is released

Such from

prison.

Such

from

prison.

recommendation shall be made recommendation shall be made

available to the person available to the person

sentenced, and a copy thereof sentenced."

shall be kept by the

Commander."

PHRASE THAT IS TO BE

ENACTMENT

PROVISION

AMENDMENT

AMENDED

a r t i c l e 2 ( 1 ) - "recognized by the Minister" "recognized by the Board"

Profession Act - d e f i n i t i o n o f

"approved

accountancy

body"

article 2(1) - "

"prescribed"

m e a n s (this definition is to be deleted)

d e f i n i t i o n o f prescribed by regulations or

"prescribed"

directives under this Act;"

a r t i c l e 2 ( 1 ) - "as may be prescribed by the " a s m a y b e p r e s c r i b e d i n

d e f i n i t i o n o f Minister"

regulations made by the

"public-

Minister under this Act"

interest entity"

article 3(1)

"Except where otherwise "Except where otherwise

prescribed,"

prescribed in regulations made

by the Minister under this

Act,"

article 3(2)(c) " a t s u c h l e v e l s a s m a y b e " a t s u c h l e v e l s a s m a y b e

- proviso

prescribed"

prescribed in regulations made

by the Minister under this Act"

article 3(2)(d), "theoretical knowledge of the "theoretical knowledge of the

first proviso

prescribed subjects"

subjects prescribed in

regulations made by the

Minister under this Act"

article 3(2)(d) "but which did not cover all of "but which did not cover all of

-

s e c o n d the subjects prescribed"

t h e s u b j e c t s p r e s c r i b e d in

proviso

regulations made by the

Minister under this Act"

article 3(3)

" t h e M i n i s t e r m a y, o n t h e "the Board may issue, to any

advice of the Board, issue, to person"

any person"

article 4(1)

" s h a l l b e i s s u e d b y t h e "shall be issued by the Board

Minister on the advice of the to any person"

Board to any person"

article 4(2)

"as may be prescribed"

"as m ay be prescrib ed in

directives issued by the Board

under this Act"

article 4(6)

"subject to rules that may be "subject to such directives as

prescribed by the Board"

may be prescribed by the

Board under this Act"

"any other conditions which "any other conditions which

may be prescribed"

may be prescribed in

regulations made by the

Minister under this Act"

article 5A

"or as may be prescribed"

"or as may be prescribed in

directives issued by the Board

under this Act"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

article 7(1)(a) "(a) to consider applications "(a) to decide on applications

for the issue of warrants or for the issue of warrants or

practicing certificates under practicing certificates;"

article 4 and, in the case of

warrants, whether to advise the

Minister to issue such warrants

and, in the case of practising

certificates, to decide whether

to issue such practising

certificates;"

"prescribe the details"

"prescribe, by regulations

made under this Act, the

details"

"as may be prescribed by the " a s m a y b e p r e s c r i b e d i n

Board for that purpose"

directives issued by the Board

for that purpose under this

Act"

"as may be prescribed"

"as may be prescribed in

directives issued by the Board

under this Act"

a r t i c l e 8 - "Regulations."

"Regulations and Directives."

" T h e M i n i s t e r m a y, o n t h e "The Board may recognize any

recommendation of the Board, local association"

recognize

any

local

association"

"shall be subject to such "shall be subject to such

conditions as the Minister may, conditions as the Board may, in

on the recommendation of the granting recognition, impose

Board, in granting recognition or as may from time to time be

impose or as may from time to prescribed"

time be prescribed"

" t h e M i n i s t e r m a y, o n t h e " t h e B o a r d m a y s u s p e n d o r

recommendation of the Board, withdraw the recognition"

suspend or withdraw the

recognition"

article 10(1) - "as may be prescribed"

"as may be prescribed in

directives issued by the Board

under this Act"

"or as may be prescribed"

"or as may be prescribed in

directives issued by the Board

under this Act"

"as may be prescribed"

"as may be prescribed in

regulations made by the

Minister under this Act"

"as may be prescribed"

"as may be prescribed in

regulations made by the

Minister under this Act"

"as may be prescribed by the " a s m a y b e p r e s c r i b e d i n

Minister"

regulations made by the

Minister under this Act"

article 15(1) - "advise the Minister to revoke " r e v o k e o r w i t h d r a w t h e

or withdraw the warrant"

warrant"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

article 15(2)(a) " ( a ) a w a r r a n t m a y b e " ( a ) a w a r r a n t m a y b e

withdrawn or cancelled by the withdrawn or cancelled by the

Minister at the request of the B o a r d a t t h e r e q u e s t o f t h e

warrant holder addressed to the warrant holder;"

Board;"

article 15(2)(d) "revoked or cancelled by the "revoked or cancelled by the

Minister acting on the advice Board"

of the Board"

"as shall be prescribed"

"a s sh a ll b e p re s c ri b e d in

directives issued by the Board

under this Act"

"the Minister may, after the " t h e B o a r d m a y, a f t e r t h e

expiration of two years from expiration of two years from

the date of the revocation, and t h e d a t e o f t h e r e v o c a t i o n ,

if the Board so advises, issue a issue a fre sh warrant under

fresh warrant under article 4, article 4, under such conditions

under such conditions as may as it may impose"

be imposed by the Minister on

the advice of the Board"

article 15B(a) "(a) any decision of the Board "(a) any decision of the Board

not to advise the Minister to t a k e n p u r s u a n t t o a r t i c l e

issue a warrant, taken pursuant 7(1)(a);"

to article 7(1)( a ), and any

decision of the Board not to

issue a practising certificate,

taken pursuant to article

7(1)(a);"

article 15B(i) "(i) any decision taken by the "(i) any decision taken by the

Minister, on the advice of the Board, pursuant to article 15(1)

B o a r d , p u r s u a n t t o a r t i c l e or article 15(2)(d), to revoke or

15(1) or article 15(2)(d), to withdraw a warrant; and"

revoke or withdraw a warrant;

and"

article 15C(1) "The decision of the Board or " T he d e c i s i o n o f t h e Bo a r d

the Minister, as the case may shall stand pending an appeal"

be, shall stand pending an

appeal"

article 15C(2) "suspend the decision of the "suspend the decision of the

Board or the Minister, as the Board"

case may be"

"as may be prescribed"

"as may be prescribed in

directives issued by the Board

under this Act"

article 16(3)(c) "that is so prescribed"

"that is so prescribed in

directives issued by the Board

under this Act"

"the Board or the Minister, as "the Board shall notify"

the case may be, shall notify"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

"The warrant to practise the "The warrant to practise the

profession of engineer shall be profession of engineer shall be

issued by the Minister on the i s s u e d b y t h e B o a r d t o a n y

recommendation of the Board person"

to any person"

" t h e M i n i s t e r m a y, a f t e r "the Board may grant a special

consulting the Board, grant a licence"

special licence"

article 7(1)(a) "to consider applications for "to consider applications for

t h e i s s u e o f a w a r r a n t a n d the issue of a warrant"

make its recommendations

thereon to the Minister"

"Every such partnership shall "Every such partnership shall

give to the Minister or to the g i v e t o t h e B o a r d s u c h

Board such information as they i n f o r m a t i o n a s i t m a y

may reasonably require or as reasonably require or as may

may be prescribed, and shall be prescribed, and shall give

give notice to the Minister or n o t i c e t o t h e B o a r d o f a n y

to the Board of any relevant r e l e v a n t c h a n g e i n a n y

c h a n g e i n a n y i n f o r m a t i o n information previously given

previously given to them"

to it"

"Such disability shall be "Such disability shall be

declared by the Minister by d e c l a r e d b y t h e B o a r d b y

notice published in the notice published in the

Gazette"

Gazette"

" T h e M i n i s t e r m a y, a t a n y "The Board may, at any time,

time, and if the Board so by notice in the Gazette

recommends, by order remove remove the disability declared

the disability declared by him" by it"

"may be withdrawn or "may be withdrawn or

cancelled by the Minister at cancelled by the Board at the

the request"

request"

"The Minister may, by order in "The Board may, by notice in

writing, suspend, revoke or the Gazette, suspend, revoke or

cancel a warrant"

cancel a warrant"

article 1 6 - "Minister may issue fresh "Board m ay issue f resh

marginal note warrant."

warrant."

"The Minister may, after the " T h e B o a r d m a y, a f t e r t h e

expiration of one year from the expiration of one year from the

date of the revocation or date of the revocation or

withdrawal of a warrant or withdrawal of a warrant or

special licence or the special licence or the

cancellation of a partnership of cancellation of a partnership of

engineers, and if the Board so e n g i n e e r s , i s s u e a f r e s h

r e c o m m e n d s , i s s u e a f r e s h warrant"

warrant "

Malta Freeports second proviso " P r o v i d e d f u r t h e r t h a t t h e " P r o v i d e d f u r t h e r t h a t t h e

to article 6(c) A u t h o r i t y m a y, w i t h t h e Authority may, in accordance

approval of the Minister and in with article 3(1)(a), (b), (d), (e)

a c c o r d a n c e w i t h a r t i c l e or (f) of the Government Lands

3(1)(a), (b), (d), (e) or (f) of A c t , c r e a t e s e r v i t u d e s a n d

the Disposal of Government other similar rights"

Land Act, create servitudes

and other similar rights"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

"The Council shall have its "The Council shall have its

a d m i n i s t r a t i v e o f f i c e s a t a a d m i n i s t r a t i v e o ff i c e s a t a

place to be selected by it with place to be selected by it, and

the approval of the Minister, these offices"

and these offices"

"The appointment of the "The appointment of the

Executive Secretary shall be Executive Secretary shall be

m a d e b y t h e L o c a l C o u n c i l made by the Local Council,

following the approval of the which nomination would have

M i n i s t e r w h i c h n o m i n a t i o n been made under the following

would have been made under sub-article"

the following sub-article"

article 53B(1) " s h a l l b e s u b j e c t t o t h e " s h a l l b e s u b j e c t t o t h e

approval of the Minister"

approval of the Director"

t o "as may be determined by the "as may be determined by the

article 53B(1) Minister"

Director"

"The Minister may, acting on "The Council may grant to any

the advice of the Council, r e g i s t e r e d

consumer

g r a n t t o a n y r e g i s t e r e d associations"

consumer associations"

Private Guards a r t i c l e 1 1 - "Referral to Minister."

"Application

to

the

Administrative

Review

Tribunal."

"(3) On the receipt of a notice Sub-article (3) of article 13

of withdrawal or suspension s h a l l b e d e l e t e d , a n d s u b -

the holder of a licence may, article (4) thereof shall be re-

w i t h i n o n e c a l e n d a r m o n t h numbered as sub-article (3).

from such receipt, make

submissions in writing to the

Minister requesting the

removal of such withdrawal or

suspension."

a r t i c l e "(3) The provisions of article "(3) The provisions of article

11(3) and (4)"

11(3)"

"unless the said courses are "unless the said courses have

approved by the Minister in b e e n a p p r o v e d b y t h e

accordance with regulations as Commissioner"

may be prescribed"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

" s h a l l b e g r a n t e d b y t h e "shall be granted by the Board"

Minister

on

the

recommendation of the Board"

article 7(1)(a) "to consider applications for "to consider applications for

t h e i s s u e o f a w a r r a n t , a n d the issue of a warrant"

make its recommendations

thereon to the Minister"

"shall give to the Minister or to "shall give to the Board such

the Board such information as i n f o r m a t i o n a s i t m a y

they may reasonably require or reasonably require or as may

as may be prescribed, and shall be prescribed, and shall give

give notice to the Minister or n o t i c e t o t h e B o a r d o f a n y

to the Board of any relevant r e l e v a n t c h a n g e s i n a n y

changes i n an y inform ation information previously given

previously given to them"

to it"

"Such disability shall in the "Such disability shall in the

case of a warr ant holder be case of a warrant holder be

declared by the Minister by d e c l a r e d b y t h e B o a r d b y

notice published in the notice published in the

Gazette"

Gazette"

" T h e M i n i s t e r m a y, a t a n y "The Board may, at any time,

time, and if the Board so by notice in the Gazette

recommends, by order remove remove the disability declared

the disability declared by him" by it"

"The Minister may, by order in "The Board may, by notice in

writing, suspend, revoke or the Gazette, suspend, revoke or

cancel a warrant"

cancel a warrant"

article 1 7 - "Minister may issue fresh "Board m ay issue f resh

marginal note warrant."

warrant."

"The Minister, acting on the " T h e B o a r d m a y, a f t e r t h e

recommendation of the Board, expiration of one year from the

may, after the expiration of one d a t e o f t h e r e v o c a t i o n o r

y e a r f r o m t h e d a t e o f t h e withdrawal of a warrant or the

revocation or withdrawal of a cancellation of a partnership of

warrant or the cancellation of a warrant holders, issue a fresh

partnership of warrant holders, w a r r a n t o r a u t h o r i s e t h e

i s s u e a f r e s h w a r r a n t o r registration of a partnership

authorise the registration of a under the provisions of this

p a r t n e r s h i p u n d e r t h e Act, subject to such conditions

provisions of the Act, subject as it may deem necessary"

to such conditions as the

Minister

on

the

recommendation of the Board

may deem necessary"

"for the time being required in "for the time being required in

w r i t i n g b y t h e M i n i s t e r writing by head of the Security

following a request by the head Service to assist it in carrying

o f t h e S e r v i c e t o a s s i s t t h e out its functions"

Security Service in carrying

out its functions"

"two persons, appointed by the "two persons appointed by the

M i n i s t e r,

on

t h e Authority"

recommendation of the

Authority"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

Civil Protection article 5(2)(a) " fuel and energy affairs, and "fuel and energy affairs, and

Gozo affairs;"

Gozo affairs; and"

article 5(2)(b) "concerned with such matters;" "concerned with such matters."

article 5(2)(c) "(c) one member who shall be " (2A) One member shall be

nominated by the Local Councils appointed by the Local Councils

Association established in terms Association established in terms

of regulation 3 of the Local of regulation 3 of the Local

(Association) Councils

(Association)

Councils

Regulations."

Regulations."

"against a recommendation of the " a g a i n s t a d e c i s i o n b y t h e

Commissioner"

Commissioner"

"(a) a recommendation taken on " ( a ) a d e c i s i o n t a k e n o n a n

an application for international application for international

protection, including a decision:" protection:"

" within two weeks from the " within two weeks from the

notification on the applicant of notification on the applicant of

the recommendation of the the

decision

of

the

Commissioner"

Commissioner"

" t h e M i n i s t e r s h a l l i s s u e a "the Commissioner shall issue a

declaration accordingly"

declaration accordingly"

" ( 4 ) I f t h e C o m m i s s i o n e r "(4) Where the Commissioner

recommends the acceptance of decides that the applicant is

the application, the Minister shall eligible for refugee status, he

make a declaration that applicant shall make a declaration to this

is eligible for refugee status, or effect."

appeal

against

such

recommendation."

"The Minister may revoke or "The Minister may revoke, or the

refuse to renew the protection Commissioner may refuse to

granted"

renew, the protection granted"

"in whose regard the Minister has "in whose regard the Minister has

revoked or refused to renew"

revoked or the Commissioner has

refused to renew"

"Upon the recommendation of "The Commissioner shall decide

the Commissioner of Refugees, a s t o w h e t h e r s u b s i d i a r y

the Minister shall declare that protection status may be granted

subsidiary protection status be to an applicant"

granted to an applicant"

" and the Commissioner shall "and the Commissioner shall

continue to be able to make such continue to be able to take such a

a recommendation"

decision"

" Subsidiary protection shall " Subsidiary protection shall

cease if the Minister is satisfied, cease if the Commissioner is

after

consulting

t h e satisfied that the circumstances"

Commissioner, that the

circumstances"

"The Minister shall revoke or "The Minister shall revoke or the

refuse to renew the subsidiary Commissioner shall refuse to

protection status"

renew the subsidiary protection

status"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

" T he Minister, acting on the " T h e D i r e c t o r m a y , a f t e r

advice of the Director and after consultation with the Board,

consultation with the Board, may grant a permit"

grant a permit"

"(2) Notwithstanding the "(2) Notwithstanding the

provisions of sub-article (1), the provisions of sub-article (1), the

M i n i s t e r m a y , i n t h e person convicted may send an

circumstances of any particular application to the Committee

case and upon application being appointed according to article

made to him within thirty days 39(4), within thirty days from the

from the date of conviction, send date of conviction."

that application to the Committee

appointed according to article

39(4)."

"(3) The Committee shall, within "(3) The Committee shall, within

a period not longer than five days a period not longer than five days

from the date when it shall have from the date when it shall have

received the application from the received the application, after

Minister, after studying the case, studying the case, hearing every

hearing every person whom it p e r s o n w h o m i t d e e m s

deems appropriate, and receiving appropriate, and receiving all the

all the required advice, give its required advice, give its decision

advice in writing to the Minister as to whether the provisions of

whether the Minister should sub-article (1) are not to apply to

order that the provisions of any particular licence, permit or

subarticle (1) are not to apply to entry in the record of fishing

any particular licence, permit or vessels otherwise forfeited."

entry in the record of fishing

vessels otherwise forfeited."

"(4) The Minister shall accede to T h i s s u b - a r t i c l e i s t o b e

or refuse the application in deleted.

accordance with the advice given

by the Committee."

"to appeal against the Director’s "to appeal against the Director’s

decision by means of a letter d e c i s i o n b y m e a n s o f a n

addressed to the Minister"

application to the Committee

appointed according to sub-

article (4)"

"(2) The Minister shall, as soon "(2) The Committee shall, as

as he receives the appeal in soon as it receives the appeal in

accordance with subarticle (1), accordance with sub-article (1),

send the said appeal to the send the said appeal to the

Director so that, within two days, Director so that, within two days,

the Director may make a report the Director may make a report in

i n w r i t i n g t o t h e M i n i s t e r , writing to it, wherein the Director

wherein he shall indicate the shall indicate the reasons why the

reasons why the appeal should be a p p e a l s h o u l d b e q u a s h e d ;

quashed; however the Director however the Director may, where

may, where it appears to him that it appears to him that the appeal

the appeal is justified, change his is justified, change his decision in

decision in accordance with the accordance with the appeal and

appeal and inform the Minister, inform the Committee, within the

within the period given to him p e r i o d g i v e n t o h i m f o r h i s

reply."

for his reply."

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

"(3) When the Minister receives " ( 3 ) W h e n t h e C o m m i t t e e

the Director’s reply, or the time established under sub-article (4)

given for the reply shall have receives the Director’s reply, or

elapsed without the receipt, by the time given for the reply shall

the Minister, of such reply, the have elapsed without the receipt,

Minister shall immediately send by the Committee, of such reply,

the appeal and the Director’s the Committee shall examine the

reply, if any, to the Committee case and decide upon the appeal

established under subarticle (4), in accordance with the provisions

so that the said Committee may of sub-article (5)."

give its advice, to the Minister on

the appeal."

"(5) The Committee shall, within "(5) The Committee shall, within

five days of its receipt of the five days of its receipt of the

appeal from the Minister, study Director’s reply, or within five

the case, hear all persons whom it days of the lapse of the time

shall deem appropriate, receive given for the reply, as the case

all the advice necessary, and send may be, study the case, hear all

its advice in writing, together persons whom it shall deem

w i t h t h e t r a n s c r i p t o f a n y appropriate, receive all the advice

evidence heard and any advice necessary, and take its decision

given to the Committee, to the as to the manner in which the

Minister as to the manner in appeal is to be dealt with."

which the appeal is to be dealt

with."

"(6) The Minister shall decide on "(6) Copies of the Committee’s

the appeal in accordance with the decision shall be sent to the

Committee’s advice and shall Director and to the appellant."

give an order in writing to the

Director according to his

decision; a copy of the Minister’s

decision shall also be sent to the

appellant."

"the Minister may compensate "the Director may compensate

the owner"

the owner"

" The Minister shall not be " The Director shall not be

obliged to compensate"

obliged to compensate"

"(3) The Minister shall, on the "(3) The Director shall, on the

advice of the Board, determine advice of the Board, determine

the amount of compensation the amount of compensation

payable in the circumstances of payable in the circumstances of

the case and may, by notice the case and may, by government

p u b l i s h e d i n t h e G a z e t t e , notice published in the Gazette,

prescribe the procedures to be prescribe the procedures to be

followed

to

claim followed

to

claim

compensation."

compensation."

"by a decision of the Minister "by a decision of the Director

under subarticle (3)"

under sub-article (3)"

t o "Provided that the Minister may, "Provided that the Director may,

on the advice of the Board, fix a on the advice of the Board, fix a

different date"

different date"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

"Only persons who have been "Only persons who have been

issued a licence by the Minister, issued a licence by the Director

a c t i n g o n t h e a d v i c e o f t h e for Veterinary Services, acting on

Council, in conjunction with the the advice of the Council, may

Director for Veterinary Services, carry out"

may carry out"

"without the written authority of "without the written authority of

the Minister"

the Director"

" may be issued, suspended, " m ay be issued, suspended,

modified o r revoked by the m od i fi e d or r e v o ke d b y t h e

Minister"

Director"

"without a licence issued by the "without a licence issued by the

Minister"

Director"

" (2) Licences issued by the " ( 2) L icences issued by the

Minister

shall

p e r m i t Director shall permit experiments

experiments in so far as they are in so far as they are intended to

intended to benefit, either benefit, either directly or

directly or indirectly, the health indirectly, the health or nutrition

or nutrition of human beings or of human beings or animals as

animals as well as for any other well as for any other purpose

purpose deemed by the Minister deemed by the Director to be of

to be of sufficient value."

sufficient value."

"as the Minister may deem fit to "as the Director may deem fit to

impose"

impose"

" shall be established by the " shall be established by the

Minister in consultation with the Board"

Board"

"The warrant to practice the "The warrant to practice the

profession of Conservator- profession of Conservator-

Restorer shall be granted by the Restorer shall be granted by the

Minister on the recommendation Board and shall be signed by the

of the Board and shall be signed Chairperson of the Board"

by the Minister and the

Chairperson of the Board"

"or recommend to the Minister " o r o r d e r t h e s u s p e n s i o n ,

the suspension, cancellation or cancellation or revocation of the

r e v o c a t i o n o f t h e w a r r a n t , warrant, practising certificate or

p r a c t i s i n g c e r t i f i c a t e o r registration as the case may be"

registration as the case may be"

article 39(1)(a) "consider applications for the "consider applications for the

issue of a warrant under this Part, issue of a warrant under this Part,

and make its recommendations and take decisions thereon"

thereon to the Minister"

"The Minister upon advice of the "The Board may, by order in

Board may, by order in writing, writing, suspend"

suspend"

article 40(2)(a) "a warrant may be surrendered to "a warrant may be surrendered to

the Minister"

the Board"

"a practising certificate may be "a practising certificate may be

surrendered to the Minister"

surrendered to the Board"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

article 40(2)(c) "a registration as a person having "a registration as a person having

a Heritage Skill may be a Heritage Skill may be

surrendered to the Minister"

surrendered to the Board"

" T h e M i n i s t e r m a y , o n t h e "The Board may recognise any

recommendation of the Board, local professional association of

recognise any local professional Conservators-Restorers as an

association of Conservators- approved body"

Restorers as an approved body"

"(2) Such recognition shall be "(2) Such recognition shall be

subject to any such conditions as subject to any such conditions as

the Minist er may, on the the Board may, in granting

recommendation of the Board, in recognition, impose or as may be

granting recognition, impose or prescribed from time to time and

as he may from time to time if at any time any one (1) of the

prescribe and if at any time any conditions as aforesaid, or any

of the conditions as aforesaid, or one (1) of the provisions as

any of the provisions as contained therein or as

c o n t a i n e d t h e r e i n o r a s prescribed, is not observed or

prescribed, is not observed or fulfilled, or there is a material

fulfilled, or there is a material change in the circumstances

change in the circumstances under which the recognition was

under which the recognition was granted, the Board may suspend

granted, the Minister may, on the or withdraw the recognition."

recommendation of the Board,

suspend or withdraw the

recognition."

"The Superintendent may, with "The Superintendent may enter

the authority in writing of the into an agreement"

Minister, enter into an

agreement"

second proviso "Provided further that before "Provided further that before

to article 50(1) authorising the Superintendent to entering into a loan or allocation

enter into a loan or allocation agreement, the Superintendent

agreement, the Minister shall shall consult the Committee as to

consult the Committee as to the the co nd iti on s that shal l be

conditions to be included in the included in the loan or allocation

loan or allocation agreement."

agreement."

" T h e S u p e r i n t e n d e n t a f t e r "The Superintendent may, after

consulting the Committee may c o n s u l t i n g t h e C o m m i t t e e ,

recommend to the Minister to revoke a loan"

revoke a loan"

" T he Di r e c to r G e n e r a l m a y " T he D i r e c t or G e ne r a l m a y

prescribe the measurement define the measurement

standards"

standards"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

n e w d e f i n i t i o n t o b e a d d e d " "Cabinet" means the body to

immediately after definition of w h i c h a r t i c l e 7 9 o f t h e

"Board"

Constitution refers;"

n e w d e f i n i t i o n t o b e a d d e d " "Secretary to the Cabinet"

immediately after definition of m e a n s t h e pu b l i c o ff i c e r t o

"public officers"

whom article 94 of the

Constitution refers."

marginal note "Appointment of Board."

"Direct responsibility."

" 7 . T h e B o a r d s h a l l b e "7. The Board shall be directly

appointed by the Prime responsible to the Prime

Minister for such period as the Minister."

Prime Minister may determine,

and it shall be directly

responsible to him."

article 8(1)(a) "the Secretary to Cabinet as "the Secretary to the Cabinet as

Chairperson;"

Chairperson;"

article 8(1)(d) "(d) a person of a recognised " (d) a person of r ecognised

standing in the accounting and, standing in the accounting and,

or, auditing profession, who is or, auditing profession, who is

not a public officer; and"

not a public officer, and who

shall be appointed by the Cabinet

for such a period as it may

determine; and"

article 8(1)(e) "(e) one other member:"

"(e) one other member, who shall

be appointed by the Cabinet for

such a period as it may

determine:"

- (new sub-article)

"(4) Any communication issued

or declaration made by the

Secr etary to the Cabinet on

behalf of the Cabinet for the

purposes of sub-article (1) shall

be taken as a statement of the

views or decisions of the Cabinet,

unless the contrary is proved."

" consider, process and make "consider, process and decide on

recommendations to the Minister applications"

with regard to applications"

"(c) examine applications for a "(c) examine applications for a

warrant to practise the profession warrant to practise the profession

of social work in Malta and make of social work in Malta and

recommendations to the Minister decide on the award or refusal

on the award or refusal thereof;" thereof;"

"(h) make recommendations to "(h) make recommendations to

the Minister on the definition of the Minister on the definition of

specialised social work practice specialised social work practice

and the qualifications necessary and the qualifications necessary

to practise in specialised social to practise in specialised social

work, and to recommend to the work;"

Minister the granting of warrants

to this effect;"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

"it

shall

make

a "it shall issue a warrant"

recommendation to the

Minister for the issue of a

warrant"

" (5) A warrant issued by the " (5) A warrant issued by the

Minister under this Act may be Board under this Act may be

issued subject to such limitations issued subject to such limitations

or conditions as the Board may o r c o n d i t i o n s a s i t m a y

recommend in any particular recommend in any particular

case. Such warrant may include case. Such warrant may include

such special conditions and such such special conditions and such

a ut h o r i s a t i on to p r a c t is e i n a u t h o r i s a t i o n t o p r a c t i s e i n

specialised social work and for specialised social work and for

such specific periods as the such specific periods as the

Board may recommend in Board may recommend in

accordance with the provisions of accordance with the provisions of

this Act and any regulations this Act and any regulations

made thereunder."

made thereunder."

"7. The Board shall consider and "7. The Board shall decide on an

make its recommendations on an application for a warrant to

application for a warrant to practice the profession of social

practice the profession of social work as soon as is reasonably

work as soon as is reasonably practicable but in no case later

practicable but in no case later than four months from the receipt

than four months from the receipt of the application together with

of the application together with all the relevant information and

all the relevant information and documentation in support of the

documentation in support of the application. The Board shall

a p p l i c a t i o n . O n m a k i n g i t s immediately notify the applicant

r e c o m m e n d a t i o n s t o t h e of its decision."

Minister, the Board shall

concurrently notify the applicant

of its recommendations, together

with the reasons upon which

these were based."

" Where a person loses his "Where a person loses his

warrant following a conviction as warrant following a conviction as

is referred to in the preceding is referred to in the preceding

subarticle, notice of such loss sub-article, notice of such loss

shall be given by the Minister in shall be given by the Board in the

the Gazette"

Gazette"

" T h e M i n i s t e r m a y, a t a n y "The Board may, at any time,

time, on the recommendation reinstate a person"

of the Board, reinstate a

person"

"notice of the decision has "notice of the decision has

been given to the Minister and been given to that person by

n o t i f i e d t o t h a t p e r s o n b y registered post"

registered post"

" T h e M i n i s t e r m a y, o n t h e " T h e B o a r d m a y, u p o n

recommendation of the Board, a p p l i c a t i o n t o t h i s e f f e c t ,

and upon application to this remove"

effect, remove"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

article 5(1)(b) "consider, process and make "consider, process and decide

r e c o m m e n d a t i o n s t o t h e on applications"

Minister with regard to

applications"

article 5(1)(c) "(c) examine applications for a "(c) examine applications for a

warrant to practise the warrant to practise the

profession of psychology in profession of psychology in

Malta

and

m a k e Malta and decide on the award

r e c o m m e n d a t i o n s t o t h e or refusal thereof;"

Minister on the award or

refusal thereof;"

"it

shall

make

a "it shall issue a warrant"

recommendation to the

Minister for the issue of a

warrant"

"the Board shall make a "the Board shall issue a

r e c o m m e n d a t i o n t o t h e warrant"

Minister for the issue of a

warrant"

" A w a r r a n t i s s u e d b y t h e "A warrant issued by the Board

Minister under this Act may be under this Act may be issued

i s s u e d s u b j e c t t o s u c h subject to such limitations or

limitations or conditions as the conditions as it may deem fit to

Board may recommend in any impose in any particular case"

particular case"

a r t i c l e 7 - " T h e B o a r d t o a s s e s s "The Board to decide on the

marginal note application for warrant."

issue of a warrant."

"7. The Board shall consider "7. The Board shall decide on

and make its recommendations an application for a warrant to

on an application for a warrant p r a c t i s e t h e p r o f e s s i o n o f

to practise the profession of p s y c h o l o g y a s s o o n a s i s

p s y c h o l o g y a s s o o n a s i s reasonably practicable but in

reasonably practicable but in no case later than four months

no case later than four months f r o m t h e r e c e i p t o f t h e

f r o m t h e r e c e i p t o f t h e application together with all

application together with all the relevant information and

the relevant information and documentation in support of

documentation in support of t h e a p p l i c a t i o n . T h e B o a r d

the application. On making its shall immediately notify the

r e c o m m e n d a t i o n s t o t h e applicant of its decision."

M i n i s t e r, t h e B o a r d s h a l l

concurrently notify the

applicant

of

its

recommendations, together

with the reasons upon which

these were based."

"notice of such loss shall be "notice of such loss shall be

given by the Minister in the g i v e n b y t h e B o a r d i n t h e

Gazette and shall be Gazette and shall be

communicated by the Board to c o m m u n i c a t e d b y i t t o t h e

the person disqualified"

person disqualified"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

" T h e M i n i s t e r m a y, a t a n y "The Board may, at any time,

time, on the recommendation reinstate a person"

of the Board, reinstate a

person"

"Where it has been decided by "Where the Board suspends,

t h e M i n i s t e r, f o l l o w i n g t h e cancels or attaches additional

recommendations of the Board conditions to the warrant of a

that the warrant of a person be person, that person may, within

suspended or cancelled or that twenty-one days of the Board’s

a d d i t i o n a l c o n d i t i o n s b e notification thereof, appeal to

attached to such warrant, that the Court of Appeal"

person may, within twenty-one

d a y s o f t h e M i n i s t e r ’s

notification, appeal to the

Court of Appeal"

" T h e M i n i s t e r m a y, o n t h e " T h e B o a r d m a y, u p o n

recommendation of the Board, a p p l i c a t i o n t o t h i s e f f e c t ,

and upon application to this remove such suspension"

effect,

remove

such

suspension"

"(2) Any person aggrieved by a "(2) Any person aggrieved by a

decision of the Commissioner decision of the Commissioner

taken in accordance with the taken in accordance with the

provisions of subarticle (1) provisions of sub-article (1)

m ay a p p e a l t o t h e M i n i st er m a y

appeal

to

the

within seven days from the A d m i n i s t r a t i v e

Review

notification in writing of the Tr i b u n a l w i t h i n se v e n d a ys

refusal by the Commissioner from the notification in writing

and the Minister in the of the refusal by the

exercise of his functions under Commissioner."

this subarticle shall seek the

advice of the Board. The

decision of the Minister shall

be final and conclusive."

"(d) the Minister in terms of Paragraph (d) shall be deleted,

article 25(2);"

and paragraphs (e) and (f)

s h a l l b e re - n u m b e re d a s

paragraphs (d) and (e)

respectively

"consider, process and make "consider, process and decide

r e c o m m e n d a t i o n s t o t h e on applications"

Minister

regarding

applications"

"(c) examine applications for a "(c) examine applications for a

warrant to practise the warrant to practise the

counselling profession in counselling profession in

M a l t a a n d a l s o m a k e Malta and also decide on the

r e c o m m e n d a t i o n s t o t h e award or refusal thereof;"

Minister on the award or

refusal thereof;"

"it shall make a recommendation "it shall issue that warrant"

to the Minister to issue that

warrant"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

" t h e C o u n c i l s h a l l m a k e a "the Council shall issue that

r e c o m m e n d a t i o n t o t h e warrant"

Minister to issue that warrant"

" A w a r r a n t i s s u e d b y t h e "The Council may attach such

Minister under this Act may be limitations and conditions as it

i s s u e d s u b j e c t t o s u c h deems fit to any warrant it

limitations or conditions in issues under this Act"

accordance

with

recommendations made by the

Council in any particular case"

"No person, except those "No person, except those

persons given the warrant of a persons given a warrant under

c ou ns e ll o r b y t he M i n is t e r, t h i s A c t , m a y u s e t h e w o r d

may use the word "Counsellor" " C o u n s e l l o r "

or

or "Counselling":''

"Counselling":''

a r t i c l e 7 - "Recommendations regarding "Decision on application for

marginal note applications for a warrant"

the issue of a warrant"

"also recommend to the "also decide whether the

Minister whether the applicant a p p l i c a n t m a y i m m e d i a t e l y

may immediately exercise the e x e r c i s e t h e c o u n s e l l i n g

profession"

counselling profession"

" T h e M i n i s t e r m a y, a t a l l "The Council may, at any time,

t i m e s , a n d u p o n t h e reinstate the person"

recommendation of the

Council, reinstate the person"

"(1) The holder of the warrant "(1) The holder of a warrant

who feels aggrieved by a who feels aggrieved by a

decision of the Council may decision of the Council may

appeal before the Court of appeal before the Court of

Appeal in its jurisdiction Appeal in its jurisdiction

within twenty-one days from within twenty-one days from

the date when notice of the the date when not ice of t he

decision has been given to the decision has been given to him

Minister and notified to the by registered post."

holder of the warrant by

registered post."

" T h e M i n i s t e r m a y , o n t h e "The Council may, after a request

recommendation of the Council, is made to that effect, reinstate

and after a request is made, the person"

reinstate the person"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

Psychotherapy article 5(1)(b) "consider, process and make "consider, process and decide

r e c o m m e n d a t i o n s t o t h e on applications for warrants"

Minister

regarding

applications for warrants"

a "it shall issue a warrant"

"it

shall

make

recommendation to the

Minister for the issue of a

warrant"

" t h e B o a r d s h a l l m a k e a "it shall issue a warrant"

recommendation to the

Minister for the issue of a

warrant"

" A w a r r a n t i s s u e d b y t h e "The Board may attach such

Minister under this Act may be limitations and conditions as it

i s s u e d s u b j e c t t o s u c h deems fit to any warrant it

limitations or conditions as the issues under this Act"

Board may recommend in any

particular case"

a r t i c l e 7 - " R e c o m m e n d a t i o n s f o r t h e "Decision on application for

marginal note issue of a warrant"

the issue of a warrant"

"7. The Board shall consider "7. The Board shall decide on

and make its recommendations an application for a warrant to

on an application for a warrant p r a c t i s e t h e p r o f e s s i o n o f

to practise the profession of psychotherapy as soon as is

psychotherapy as soon as is reasonably practicable, but in

reasonably practicable, but in no case later than four months

no case later than four months f r o m t h e r e c e i p t o f t h e

f r o m t h e r e c e i p t o f t h e application together with all

application together with all the relevant information and

the relevant information and documentation in support of

documentation in support of t h e a p p l i c a t i o n . T h e B o a r d

the application. On making its shall immediately notify the

r e c o m m e n d a t i o n s t o t h e applicant of its decision."

M in i s t e r, t h e B oa r d s ha l l

concurrently notify the

applicant

of

its

recommendations."

"shall be given by the Minister "shall be given by the Board in

in the Gazette and such the Gazette and such

information shall be notified information shall be notified

b y t h e B o a r d t o t h e p e r s o n by it to the person losing the

warrant"

losing the warrant"

" T h e M i n i s t e r m a y, a t a n y "The Board may, at any time,

time, on the recommendation reinstate a person"

of the Board, reinstate a

person"

PHRASE THAT IS TO BE

AMENDMENT

AMENDED

"(1) The holder of a warrant who "(1) The holder of a warrant

feels aggrieved by a decision of w h o f e e l s a g g r i e v e d b y a

the Board may appeal before the d e c i s i o n o f t h e B o a r d m a y

Court of Appeal in its appeal before the Court of

jurisdiction within twenty-one A p p e a l i n i t s j u r i s d i c t i o n

days from the date on which within twenty-one days from

notice of the decision has been the date when not ice of t he

given to the Minister and notified decision has been given to him

to the holder of the warrant by by registered post."

registered post."

" T h e M i n i s t e r m a y, o n t h e "The Board may, following a

recommendation of the Board, request to that effect by the

and following a request to that person"

effect by the person"

Malta Government Gazette — Act 2020 21 · Gazzetta tal-Gvern ta’ Malta Nru. 20,393 – 23.04.2020 — ACT No. XXI of 2020 AN ACT to amend various laws and subsidiary legislation pursuant to the devolution of certain Ministerial powers to various entities.

The words and phrases referred to in the third column of Amendment of

Schedule I, which words and phrases occur in the provisions specified the

the Laws of

in the second column of the said Schedule, which provisions are to be Malta.

found in the enactments referred to in the first column of the said

Schedule, shall be amended in accordance with the amendments

referred to in the fourth column of the said Schedule.

Malta Government Gazette — Act 2020 21 · Gazzetta tal-Gvern ta’ Malta Nru. 20,393 – 23.04.2020 — ACT No. XXI of 2020 AN ACT to amend various laws and subsidiary legislation pursuant to the devolution of certain Ministerial powers to various entities.

(Article 3)

Amendments to Subsidiary Legislation

PHRASE THAT IS TO BE

PROVISION

AMENDMENT

AMENDED

"The contracts which result "The contracts which result

regulation 79(5)

from a call for tenders from a call for tenders

published by the Ministerial p u b l i s h e d

by

the

Procurement Unit must be Ministerial Procur ement

s i g n e d b y t h e M i n i s t e r Unit must be signed by the

responsible for that Permanent Secretary

Ministry"

responsible for that

Ministry"

Appointments and regulation 4(5)

"(a) A commanding officer "(a) A commanding officer

shall be appointed by the shall be appointed by the

Minister after nominations Commander;"

for command have been

submitted to him by the

Commander;"

regulation 6(2)

" b y t h e M i n i s t e r o n t h e "by the Commander"

recommendation of the

Commander"

PHRASE THAT IS TO BE

PROVISION

AMENDMENT

AMENDED

Appointments and regulation 8(1)

" ( 1 ) A c t i n g r a n k m a y b e "(1) Acting rank may be

Conditions of

granted to an officer who is g r a n t e d o n l y b y t h e

Service of the

selected to fill a vacancy Commander to an officer

Regular Force

above his substantive rank w h o i s s e l e c t e d t o f i l l a

in

an

approved vacancy

above

his

S.L. 220.03 - cont.

establishment

on

a substantive rank in an

p e r m a n e n t o r s e m i - approved establishment on

permanent basis. Acting a p e r m a n e n t o r s e m i -

rank shall only be granted permanent basis."

with the approval of the

Minister."

regulation 11(c) "(c) the Minister approves "(c) the Commander orders

the compulsory transfer."

or approves the compulsory

transfer."

regulation 14(1) " m a y b e r e m o v e d a t a n y "m ay be removed at any

t i m e b y t h e C o m m a n d e r time by the Commander"

with the approval of the

Minister"

regulation 14(2) "under such conditions as the "under such conditions as the

Minister may determine"

Commander may determine"

regulation

"(b) for any extension "(b) for any extension

52(1)(b)

beyond 28 days up to a total b e y o n d 2 8 d a y s -

of

six

months

- Commander"

Commander"

regulation

"(c) for any extension beyond ( th i s p a r a gr ap h is t o b e

52(1)(c)

six months - Minister"

deleted)

Second Schedule " Yo u

can

only

b e " Yo u c a n o n l y b e

- paragraph 14

c o m p u l s o r i l y t r a n s f e rr e d compulsorily transferred

from one corps to another from one corps to another

by order of the Minister b y

order

of

the

r e s p o n s i b l e f o r d e f e n c e Commander"

except in war time or in an

emergency"

Appointments and regulation 4

"shall be authorised by the "shall be authorised by the

Conditions of

Minister after consultation Commander"

Service of the

with the Commander"

Volunteer Reserve

Force Regulations

Appointments and regulation 5

"shall be authorised by the "shall be authorised by the

Conditions of

Minister after consultation Commander"

Service of the

with the Commander"

Individual Reserve

Force Regulations

PHRASE THAT IS TO BE

ENACTMENT

PROVISION

AMENDMENT

AMENDED

Prisons

regulation 4(7)

"in the opinion of the "in the opinion of the

Regulations -

Minister"

Director"

regulation 7(4)

"or with the authorisation of "or with the authorisation

the Minister"

of the Director"

regulation 13(1)

"with the approval of the "with the approval of the

Minister"

Director"

regulation

"may be granted by the "may be granted by the

Director with the approval Director"

61(2)(a)

of the Minister, or a public

officer designated by the

M i n i s t e r t o s o a c t on h i s

behalf"

regulation

"be cancelled, in whole or "be cancelled, in whole or

83(2)(a)

in part, by the authority of in part, by the Director"

the Minister"

regulation

"may, on the authority of " m a y b e r e s t o r e d t o a

83(2)(b)

the Minister, be restored to prisoner by the Director"

a prisoner"

A p p l i c a t i o n f o r r e g u l a t i o n 2 - "issued by the Minister on " i s s u e d b y t h e B o a r d i n

t h e I s s u e o f a interpretation of the recommendation of the te rm s of ar t icl e 3 o f th e

Wa r r a n t

"warrant"

Board in terms of article 3 Act"

Regulations -

of the Act"

Registration and p r o v i s o

t o "the Authority may, with the "the Authority may depart

Licensing of Motor regulation 23

a p p r o v a l o f t h e M i n i s t e r from this provision"

Ve h i c l e s

responsible for transport,

Regulations -

depart from this provision"

P r i v a t e G u a r d s regulation 5(1)

"shall make an application "shall make an application

Regulations -

therefore to the Minister"

therefor

to

the

Commissioner"

regulation 5(2)(f) " a s t h e M i n i s t e r m a y "as the Commissioner may

require"

require"

regulation 5(3)

"the Minister may approve" " the C o m m i s s i o n e r may

approve"

regulation 5(4)

"as the Minister may deem "as the Commissioner may

fit to impose"

deem fit to impose"

regulation 5(7)

"as the Minister may direct" "as the Commissioner may

direct"

C i v i l Av i a t i o n regulation 6(1)

"The Minister shall, on the "The Chief Inspector shall

(Investigation of

a d v i c e o f t h e C h i e f appoint Inspectors of Air

Air Accidents and

I n s p e c t o r,

a p p o i n t Accidents"

Incidents)

Inspectors

of

Air

Regulations -

Accidents"

regulation 6(2)

"The Minister shall furnish "The Chief Inspector shall

an inspector with a warrant furnish an inspector with a

of

the

i n s p e c t o r ’ s warrant of the inspector ’s

appointment"

appointment"

PHRASE THAT IS TO BE

ENACTMENT

PROVISION

AMENDMENT

AMENDED

C i v i l Av i a t i o n regulation 10(4)

"The Chief Inspector may, "The Chief Inspector may

(Investigation of

with the approval of the d e l e g a t e t h e t a s k o f

Air Accidents and

Minister, delegate the task c a r r y i n g

out

an

Incidents)

o f c a r r y i n g o u t a n investigation"

Regulations -

investigation"

S.L. 499.22 -

cont.

Maritime Pilotage regulation 18(2)

"The

candidate

so "The

candidate

so

Regulations -

nominated

shall

be nominated shall be

appointed by the Authority appointed by the Authority

on advice of the Board and on advice of the Board"

upon approval by the

Minister"

regulation 18(6)

"The Minister may, acting " T h e A u t h o r i t y m a y

on the advice of the Board remove the Chief Pilot"

and, or Authority, remove

the Chief Pilot"

"The Minister, acting on the " T h e A u t h o r i t y s h a l l

E n v i r o n m e n t a l regulation 37(1)

Impact Assessment

a d v i c e o f t h e A u t h o r i t y, e x c h a n g e

with

the

Regulations -

shall exchange with the Comm ission of th e

the European

Union

Commission

of

European

Union information on the

the experience gained in

information

on

experience gained in applying the Directive

a p p l y i n g t h e D i r e c t i v e through these regulations,

through these regulations, and on ancillary matters. In

and on ancillary matters. In particular, every six years

particular, every six years f r o m 1 6 M a y 2 0 1 7 , t h e

f r o m 1 6 M a y 2 0 1 7 , t h e Authority shall inform the

Minister shall inform the C o m m i s s i o n o f t h e

t h e European Union, where

Commission

of

E u r o p e a n U n i o n , w h e r e such details are available,

such details are available, of"

of"

" T h e M i n i s t e r a n d t h e "The Authority shall have

regulation 37(2)

Authority, as relevant, shall t h e r i g h t t o r e q u e s t o r

have the right to request or c o l l e c t

any

such

collect

any

s u c h information"

information"

Passed by the House of Representatives at Sitting No. 317 of the 1st

April, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€ 2.43

Malta Government Gazette — Act 2020 21 · Gazzetta tal-Gvern ta’ Malta Nru. 20,393 – 23.04.2020 — ACT No. XXI of 2020 AN ACT to amend various laws and subsidiary legislation pursuant to the devolution of certain Ministerial powers to various entities.

The words and phrases referred to in the third column of

Schedule II, which words and phrases occur in the provisions

specified in the second column of the said Schedule, which provisions

are to be found in the enactments referred to in the first column of the

said Schedule, shall be amended in accordance with the amendments

referred to in the fourth column of the said Schedule.

Malta Government Gazette — Act 2020 21 · Gazzetta tal-Gvern ta’ Malta Nru. 20,393 – 23.04.2020 — ACT No. XXI of 2020 AN ACT to amend various laws and subsidiary legislation pursuant to the devolution of certain Ministerial powers to various entities.

(1) Nothing in this Act shall affect the validity of

anything heretofore lawfully done, or any right, obligation or liability

heretofore acquired, accrued or incurred, under any of the enactment

mentioned in the Schedules to this Act.

(2) Any notifications, orders, schemes, rules, regulations,

appointments, delegations, directions or authorisations heretofore

lawfully made, given or issued and anything heretofore lawfully done

under any of the enactments mentioned in the Schedules hereto may

be revoked, varied or undone in like manner, to like extent and in like

circumstances as if they had been made, given, issued or done after

the operative date by a competent authority to which powers are being

devolved under this Act, and under and in accordance with the

provisions the provisions referred to in the relative enactments

applicable to such a case.

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