ACT No. XL of 2021 AN ACT to provide for the preparation, printing and publication, by whatever means, of revised editions of the laws of Malta, and for matters connected therewith or ancillary thereto.

I assent

(L.S.)

GEORGE VELLA

President

16th July, 2021

ACT No. XL of 2021

AN ACT to provide for the preparation, printing and publication, by

whatever means, of revised editions of the laws of Malta, and for

matters connected therewith or ancillary thereto.

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 Statute Law Revision Act, 2021.

In this Act, unless the context otherwise requires

"Commission" means the Law Commission appointed under article

3;

"Minister" means the Minister responsible for the Law

Commission.

"revised edition" means an edition of the laws of Malta prepared

under this Act;

"statute law" includes any instrument having the force of law.

(1) For the purpose of preparing, from time to time at The Law

intervals of not less than ten ( 1 0 ) years, a revised edition of the Commission.

statute laws of Malta, and for the purpose of preparing a Maltese text

of all statute laws enacted or published without a Maltese text, the

Minister may appoint a Law Commissioner, and a body of consultants

as may for the time being be in office, together to be known as the

Law Commission

Provided that where Parliament has provided that a law

may be enacted or made in either the Maltese or the English language

only, and is so enacted or made, the Commission may either prepare

the revised text of that law in that language only or may provide a

translation thereof in the Maltese or English language, as the case

may be.

(2) When there is in office a Commission, the Minister shall

appoint the Law Commissioner.

(3) A person appointed to be Law Commissioner may be

appointed for such term and subject to such conditions as may be

determined by the Minister

Provided that a Law Commissioner may, at any time, resign

and may also, for a good cause, be removed from office and a person

who ceases to be a Commissioner may be eligible for re-appointment.

(4) A person who holds judicial office may be appointed as

Law Commissioner notwithstanding the provisions of article 16 of the

Code of Organization and Civil Procedure but shall not, unless Cap. 12.

otherwise provided by the terms of his appointment, be required to

perform his duties as a Judge or Magistrate while he remains a member

of the Commission.

(5) There shall be paid to the Law Commissioner and to the

consultants such remuneration, if any, as the Minister may, with the

approval of the Minister responsible for Finance, determine and

different remuneration may be paid to the consultants according to

circumstances.

(6) It shall also be the function of the Commission to perform

such other duties as may, after consultation with it, be assigned to it

by the Minister.

(1) In carrying out its functions under this

Act, the Powers of

Commission.

Commission shall have power

(a)

to omit

(i) all statute laws or parts of statute laws which

have been expressly repealed or which have expired or have

become spent or which shall no longer have any effect;

(ii)

all repealing provisions contained in any statute

law;

(iii) all preambles to statute laws where such

omission can, in the opinion of the Commission, be

conveniently made;

(iv) all introductory words of an enactment in any

article, regulation or paragraph of a statute law which

consists of more than one article, regulation or paragraph;

(v) all enactments prescribing the date on which a

statute law is to come into force, where such omission may,

in the opinion of the Commission, be conveniently made;

(vi) all amending provisions contained in a statute

law where the amendments effected thereby and which are

still in force have been embodied by the Commission in

the statute law to which they relate;

(vii) all subsidiary legislation that is, or is intended

to be, of a temporary nature or is subject to relative or

frequent changes or is otherwise such that, in the opinion

of the Commission, may be properly omitted

Provided that any such omission shall not affect

the continued operation of any such subsidiary legislation

for as long as it otherwise remains in force;

(b) to consolidate into one statute law any two or more

statute laws pari materia, making such verbal alterations in the

consolidated law as may thereby become necessary;

(c) to alter the order of articles or other sub-divisions of

a statute law and, wherever necessary, to re-number those articles

or other sub-divisions;

(d) to alter the form or arrangement of any article or

other sub-division of a statute law, either by combining it in

whole or in part with another article or subdivision, or other

articles or sub-divisions, or by dividing it into two or more parts

or sub-divisions;

(e)

to divide any statute law, whether consolidated or

not, into parts or other divisions;

(f) to add a short title to any statute law which may, in

the opinion of the Commission, require it and, if necessary, to

alter the short title of any statute law;

(g)

to supply or alter marginal notes;

(h)

to shorten and simplify the phraseology of any statute

law;

(i) to correct grammatical, typographical and other

mistakes in the existing copies of the statute laws, and for that

purpose to make verbal additions, omissions or alterations not

affecting the meaning of any provision;

(j) to convert any weight or measure into a metric

weight or measure corresponding thereto as nearly as practicable,

and for that purpose the Commission shall have power to round

off any decimal as it may deem appropriate;

(k) to disregard any fraction of one euro in respect of

any fee, duty, levy or other charge, by whatever name called,

payable to a Government entity, an Authority or an Agency, or

other entity established by law, and round down to the nearest

euro any amount so payable which is not a multiple of five euro;

(l) to disregard any fraction of one euro in respect of

any fine (multa or ammenda) imposed by law for the commission

of an offence, by rounding up to the nearest euro any amount

which is not a multiple of five euro;

(m) to make any addition, omission or alteration which

is consequential to any amendment to any statute law or

provision thereof; and

(n) to do all other things relating to form and method

which may improve the revised edition.

(2) Where any statute law is to have effect or is to be read or

construed as provided in another statute law, the Commission may

treat such a provision in the same manner as an amendment of the

former by the latter enactment.

(3) The powers conferred by this article shall not be construed as

empowering the Commission to make any alteration or amendment in

the matter or substance of any statute law

Provided that the Commission shall have power to make any

alteration or amendment which may be necessary to make the revised

edition more faithful to the original text or to remove any conflict

between the Maltese and the English text of any law, and for these

purposes the Commission shall have power to alter or amend either of

those texts or both, including the prevailing text.

The Commission shall not include in a revised edition any

statute law omitted under the authority of the Statute Law Revision

Act, 1980.

(1) A revised edition shall be prepared in such order,

form and manner, and shall contain such tables, indices and other

information as the Commission may deem necessary or expedient.

(2) Without prejudice to the generality of the foregoing provisions

of this article the Commission may -

(a) add to any revised edition further parts containing

the laws in force on a date or dates subsequent to that indicated

in the revised edition, or in a further part thereof, as in force on

such date or dates as are indicated in the further part or parts,

and any such further part shall be deemed to be an integral part

of the revised edition;

(b) keep the laws contained in any part of a revised

edition updated to a date or dates indicated by the Commission,

and for such purpose the Commission may publish a revised

edition or any part thereof in a loose-leaf form and, or

electronically, and keep it updated in such manner and under such

conditions as the Commission may deem appropriate,

and the provisions of this Act, including in particular, but without

prejudice to the generality of the expression, articles 4 and 8, shall

apply to any further part, and to any revised edition or part thereof

published in a loose-leaf form and, or electronically, as the case may

be, as they apply to any other revised edition or part thereof.

(3) A revised edition shall be printed and, or published

electronically, as the case may be, under such arrangements as the

Commission may, with the approval of the Minister, determine.

(1) Where in any enactment or in any document of whatever

kind, reference is made to any enactment affected by or under the

operation of this Act, or to any provision of such enactment, such

reference shall, where necessary and practicable, extend and apply to

the corresponding enactment, or provision thereof, in the revised

edition then in force.

(2) Where parts of a revised edition are brought into force on

different dates, and in a part which is in force reference is made to an

enactment, or a provision of an enactment, as such an enactment or

provision will be contained in a part of the same edition which is not

yet in force, such reference shall, until such time as the latter part

comes into force, be read as a reference to the corresponding

enactment or provision thereof as then in force.

(3) Where the Commission finds that any part of a revised edition

published by it, whether such part has or has not come into force,

contains an error or an omission, including an error or an omission

which should have been rectified in a revised edition, it may publish,

and cause to be sealed and signed as provided in article 9, a correction

in such form as it may deem appropriate; and, with effect from such

date as the Minister may by notice in the Gazette appoint, being a date

not earlier than the coming into force of the part of the revised edition

to which the correction refers, the said part of the revised edition shall,

notwithstanding any other provision of this Act, have effect subject to

such correction.

(4) Where an enactment contained in a part of a revised edition is

amended with effect from a date subsequent to the publication but

before the coming into force of that part of the edition, and the

Commission recommends to the Minister alterations in the amending

enactment in order that the latter may be read and construed more

appropriately as one with the principal enactment amended by it as

contained in the revised edition, the Minister may by order in the

Gazette make the alterations so recommended; and thereupon, or as

from such date as the Minister may in the notice specify, the amended

enactment shall have effect as so amended.

(1) A revised edition shall come into force on such day as Bringing into

force and

the Minister may by notice in the Gazette appoint.

validity of

revised edition.

(2) From the date of the coming into force of a revised edition,

that edition shall be without any question whatever in all Courts of

Justice and for all purposes whatsoever, the sole and only proper and

authentic text of the statute laws included in it as in force on such date

as the Minister shall by notice in the Gazette specify, but subject to

any amendments thereto or any repeal thereof made after such date

Provided that where a revised edition is published in

electronic format, that edition shall be the sole and only proper and

authentic text of the statute laws included in it, so however that any

copy thereof or of any part thereof, printed on paper or in any other

form and issued by the Commission, shall, in so far as it conforms to

the revised edition printed in electronic format, also be an authentic

text of the laws included in the said copy.

(3) If there is any conflict between the Maltese and the English

texts of any revised edition, the Maltese text shall, subject to the

provisions of the particular statute law, prevail.

(4) Notwithstanding anything contained in the foregoing

provisions of this article, the Minister may, in any notice given

thereunder, appoint or specify different dates for different parts of any

revised edition, and in any such case the said provisions shall apply

accordingly.

One copy of each volume of a revised edition shall be

signed by the Law Commissioner and shall be sealed with the Public

Seal of Malta. Such copies shall then be transmitted to the Registrar

of the Courts and also to the Clerk of the House of Representatives to be

enrolled on record in their offices.

This Act shall be printed and, or published electronically at

the commencement of a revised edition.

(1) One copy of the revised edition in electronic format

shall be transmitted to the Registrar of the Courts and also to the Clerk

of the House of Representatives to be enrolled on record in their offices

as provided in article 9, and another shall be placed at the office of the

Commission and shall be open for inspection by the public on the

payment of such fees as the Commission, with the concurrence of the

Minister, may determine.

(2) At the request of any person, the Commission may issue hard

copies of particular laws in a revised edition on the payment of such

fees as it may, with the concurrence of the Minister, determine, and

shall cause such copies to be authenticated by such officer of the

Commission as the Commission may by notice in the Gazette from

time to time determine. Such authenticated copies shall, unless the

contrary is proved, be accepted in evidence before any court of law as a

true copy of such law as it appears in the revised edition.

(3) A revised edition made in electronic format shall not come

into force before copies thereof have been transmitted to the Registrar

of the Courts as provided in sub-article (1).

(1) The Minister may cause to be published on an internet

site a consolidated version of any revised edition incorporating all

amendments which may have been made to any law in a revised

edition and including in such internet site all Acts enacted after the

publication of the last revised edition incorporating all amendments

thereto. Such Acts enacted after the publication of a revised edition

shall be given a chapter number as if they were incorporated in a

revised edition and may be referred to by such chapter number.

(2) The Minister may also cause to be published on such internet

site an up to date consolidated version of subsidiary legislation made

under the laws included in a revised edition and under Acts

subsequently enacted, and may in such publication cause such

subsidiary legislation to be given such enumeration with reference to

the chapter number of the principal law or otherwise as the Minister

may deem proper and reference to such subsidiary legislation by such

enumeration shall be valid as if reference were made to the same

subsidiary legislation as previously promulgated as a Government or

legal notice or otherwise.

(3) The Minister shall cause a notice to be published in the

Gazette giving the address of the website wherein the said laws are

published on the Internet.

(4) Unless proof is brought to the contrary the text of any law

published on an internet site in accordance with this article shall be

deemed to be a true representation of the law incorporating all

amendments up to the date indicated on the internet site.

(1) No person may without the permission of the Application of

Government make, or cause to be made copies or reproductions in the

Act.

any material form of any revised edition or any part thereof as Cap.415.

published by the Commission.

(2) The provisions of sub-article (1) shall not apply to the

printing or publication of any law contained in a revised edition, by

whatever means, provided that no part thereof is photocopied, scanned,

electronically printed out or otherwise produced by using the revised

edition or any part thereof as the physical base for the reproduction,

and provided further that any such publication contains a declaration

stating that it is not an official publication of the law in question.

(3) The provisions of article 9 of the Copyright Act shall apply Cap. 415.

mutatis mutandis to sub-article (1).

(4) Any person who acts in breach of the provisions of this article

shall be guilty of an offence and shall on conviction be liable to

imprisonment for a term of one year or to a fine (multa) not exceeding

fifteen thousand euro (€15,000) or to both such fine and imprisonment.

(5) The provisions of sub-article (4) shall be without prejudice

to any right of action for damages pertaining to the Government

against any person committing the offence.

The Statute Law Revision Act, 1980 is hereby repealed,

Repeal of

Statute Law

without prejudice to anything done or omitted to be done thereunder.

Revision Act,

1980. Passed by the House of Representatives at Sitting No. 487 of the

12th July, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

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