ACT No. XXII of 2021 AN ACT to amend the Small Business Act, Cap. 512.

I assent.

(L.S.)

GEORGE VELLA

President

21st May, 2021

ACT No. XXII of 2021

AN ACT to amend the Small Business Act, Cap. 512.

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:-

The short title of this Act is the Small Business (Amendment) Short title.

Act, 2021, and this Act shall be read and construed as one with the

Small Business Act, hereinafter referred to as "the principal Act".

In sub-article (1) of article 2 of the principal Act, the definition Amendment of

"public sector entities offering services to business" shall be substituted article

principal Act.

by the following

" "public sector entities offering services to business"

means the Authority responsible for Planning, the Authority

responsible for the Environment and Resources, Jobsplus, the

Commissioner for Revenue, the Department responsible for

Commerce, the Malta Enterprise, the Regulator responsible for

Energy and Water Services, the Authority responsible for

Medicines, the Authority for Competition and Consumer Affairs,

the Authority for Communications, the Customs Department, the

Authority responsible for Financial Services, the Authority

responsible for Gaming, the Registry of Companies Agency,

Business First, Authority responsible for Transport, and any other

entity as may be identified by the Minster from time to time;".

Article 4 of the principal Act shall be substituted by the

following

"4. (1) In its function of carrying out an impact

assessment in terms of article 3(2)(a)

(a) in case of primary and subsidiary legislation, a

government department, government entity or government

agency shall fill in the Impact Assessment Framework as

set out in Schedule I, or as may be further established under

any other legislation;

(b) any instrument which is determined to have an

effect on SMEs shall be accompanied by a report on the

outcome of a SME Test which shall be carried out by the

government department, government entity or government

agency concerned following the procedure set out under

Schedule II.

(2) The application of the SME Test under sub-article

(1)(b) shall be carried out in coordination with the central entity

identified under article 5, which entity shall solely be responsible

for overseeing the implementation of Section 6 of the Impact

Assessment Framework.

(3) The Impact Assessment Framework referred to in

sub-article (1)(a) and set out in Schedule I shall be published in

the English version only.".

Sub-article (2) of article 10 of the principal Act shall be

amended as follows

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

following

"(b) sixteen (16) other members representing the

entities or Ministries responsible for enterprise or whose

remit is relevant to the sector, namely

(i) the

Department

responsible

for

Commerce;

(ii)

Malta Enterprise;

(iii) the

Authority

responsible

for

Competition and Consumer Affairs;

(iv) the Directorate responsible for Policy

within the Ministry responsible for the Economy;

(v) the Economic Policy Division within the

Ministry responsible for Finance;

(vi) the Department responsible for Local

Government;

(vii) the Ministry responsible for Gozo;

(viii) the Authority responsible for Tourism;

(ix) the Authority responsible for Planning;

(x)

the

Ministry

responsible

for

Rural

Affairs;

(xi) the National Statistics Office;

(xii) the Commissioner for Revenue;

(xiii) the Ministry responsible for Education;

(xiv) the Authority responsible

for

the

Environment and Resources;

(xv) the Registry of Companies Agency;

(xvi) Business First;"; and

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

following

"(c) ten (10) members nominated by representative

from constituted bodies, namely the Malta Chamber of

Commerce, Enterprise and Industry, the Malta Chamber of

SMEs, the Malta Hotels and Restaurants Association, the

Gozo Business Chamber, the Gozo Tourism Association,

the Malta Employers’ Association, the National Council of

Women, the Maltese Association of Women in Business,

the Foundation for Women Entrepreneurs, and the Institute

of Financial Services Practitioners; and".

Paragraph (b) of sub-article (2) of article 13 of the principal Amendment of

article 13 of the

Act shall be substituted by the following

principal Act.

"(b) ninteen (19) members nominated by Government,

representing the government representatives on the constituted

bodies, namely the Authority responsible for Financial Services,

the Authority responsible for Competition and Consumer Affairs,

the Customs Department, the Authority responsible for Gaming,

the Regulator responsible for Energy and Water Services, the

Authority responsible for Tourism, the Authority responsible for

Communications, the Authority responsible for Occupational

Health and Safety, the Authority responsible for Planning, the

Authority responsible for the Environment and Resources, the

Department responsible for Environmental Health, the

Directorate responsible for Plant Health, the Directorate

responsible for Veterinary Regulation, the Directorate responsible

for Fisheries Control, the Authority responsible for Medicines,

the Department responsible for Commerce, the Registry of

Companies Agency, the Authority responsible for Transport, and

the Commission for the Rights of Persons with Disability.".

Paragraph (b) of article 15 of the principal Act shall be

substituted by the following

"(b) report to the Minister once a year on the work carried

out; and".

Sub-article (1) of article 16 of the principal Act shall be

substituted by the following

"(1) The administrative affairs of the College shall be

managed by the College Secretariat, and shall fall within the

competence of the Directorate responsible for Policy within the

Ministry responsible for the Economy.".

Article 17 of the principal Act shall be substituted by the

following

"17. The Minister has the power to make regulations

generally

(a) to amend, cancel or substitute any of the

Schedules to this Act; and

(b) for giving effect to the provisions of this Act,

and for the better carrying out of the provisions and objects

of this Act.".

Schedule I to the principal Act shall be substituted by the

following

"Schedule I

(Article 4)

Impact Assessment Framework Form

Impact Assessment Framework Form for primary legislation

Impact Assessment Framework Form for subsidiary legislation

".

Item (ii) of Schedule III to the principal Act shall be

substituted by the following

"(ii) The government department, government entity or

government agency sponsoring the instrument is responsible for

drafting the explanatory notes to accompany it. The draft must be

agreed with by the Office of the State Advocate, which will

check that it is consistent with the instrument.".

Passed by the House of Representatives at Sitting No. 462 of the

18th May, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€2.34