ACT No. XVI of 2022 AN ACT to amend the Explosives Ordinance, Cap. 33 and Various Laws relating to Civil Protection.

I assent.

(L.S.)

GEORGE VELLA

President

4th November, 2022

ACT No. XVI of 2022

AN ACT to amend the Explosives Ordinance, Cap. 33 and Various

Laws relating to Civil Protection.

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 Explosives Ordinance

commencement.

and the Various Laws relating to Civil Protection (Amendment) Act,

2022. (2) This Act shall come into force on such date as the Minister

responsible for the police and civil protection may, by notice in the

Gazette, establish and different dates may be so established for

different provisions and, or purposes of this Act.

PART I

Amendments to the Explosives Ordinance

This Part amends the Explosives Ordinance and it shall be

read and construed as one with the Explosives Ordinance, hereinafter

in this Part referred to as "the principal law".

In sub-article (1) of article 33 of the principal law the words Amendment of

"laid down in article 29." shall be substituted by the words "laid down article

principal law.

in article 29:" and immediately thereafter there shall be added the

following new proviso

"Provided that, where the offence consists in the

discharge without the required licence, permit or authorisation of

fireworks consisting of Bengala lights or of lances with a

coloured flame having a diameter which in any case does not

exceed two and a half centimetres (2.5cm) or of coloured smoke

canisters of a similar volume, and such discharge did not cause

bodily harm or damage to property, the applicable punishment

shall be of a fine (multa) of not less than one hundred and twenty

euro (€120) and not more than three hundred and fifty euro

(€350).".

PART II

Amendments to the Constitution of Malta

This Part amends the Constitution of Malta and this Part shall Amendments to

be read and construed as one with the Constitution of Malta, the

of Malta.

hereinafter in this Part referred to as "the Constitution".

In sub-article (1) of article 47 of the Constitution, in the Amendment of

definition "disciplined force", immediately after paragraph (d) there article

Constitution.

shall be added the following new paragraph

"(e) the Assistance and Rescue Force within the Civil

Protection Department;".

PART III

Amendments to the Civil Protection Act

This Part amends the Civil Protection Act and it shall be read Amendments to

and construed as one with the Civil Protection Act, hereinafter in this the

Protection Act.

Part referred to as "the principal Act".

Article 2 of the principal act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a) the definition "Director" shall be substituted by the

following new definition

" "Directors" means the Directors of the Department

of Civil Protection who shall be assuming any such

function or duty as indicated by the Director General;" and

immediately thereafter there shall be added the following

new definition

"Director General" means the Director General of the

Department of Civil Protection and includes any officer

designated or authorised by the Director General to act on

his behalf;"; and

(b) the definition "the Force" shall be substituted by the

following new definition

" "Force" means the Rescue and Assistance Force

established by article 8 consisting of the Director General,

the Directors, the Deputy Directors, the Chief Assistance

and Rescue Officers, the Station Officers, the Leading

Assistance and Rescue Officers, the Assistance and Rescue

Officers and the Fire Safety Inspectors or any officers in

equivalent grades who exercise equivalent duties;".

In article 3 of the principal Act, the words "a public officer to

be styled Director of Civil Protection" shall be substituted by the

words "the Director General of Civil Protection".

Article 5 of the principal Act shall be amended as follows

(a) in sub-article (3) thereof, the words "the Director of

Civil Protection" shall be substituted by the words "the Director

General of Civil Protection"; and

(b) in sub-article (8) thereof, the words "The Director of

Civil Protection" shall be substituted by the words "The Director

General of Civil Protection".

In sub-article (2) of article 6 of the principal Act, the words

"the Director, Civil Protection Department" shall be substituted by the

words "the Director General, Civil Protection".

Article 8 of the principal Act shall be amended by the

following

(a) in sub-article (2) thereof, the words "by a Chief

Assistance and Rescue Officer" shall be substituted by the words

"by the Director General or any officer designated or authorised by

the Director General to act on his behalf as may be prescribed by

the Minister"; and

(b)

sub-article (4) thereof shall be amended as follows

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

following new paragraph

"(a) to maintain an adequate service for prompt

intervention in the case of fire and rescue on land and

at sea, flooding, sea salvage, rescue and any other

natural or man-made disaster situation which

requires the immediate assistance of a public force or

special equipment;"; and

(ii) in paragraph (c) thereof, "the Director of Civil

Protection" shall be substituted by the words "the Director

General of Civil Protection"; and

(c) immediately after sub-article (7) thereof there shall

be added the following new sub-article

"(8) A candidate for appointment as an officer in the

Assistance and Rescue Force must have attained eighteen

(18) years of age and must not be above thirty-nine (39)

years of age

Provided that, any member of the Civil Protection

Volunteer Corps who is above thirty-nine (39) years of age

may still be eligible for appointment as an officer in the

Assistance and Rescue Force if he has been active in the

Corps for at least two (2) years.".

In sub-article (2) of article 9 of the principal Act, the words Amendment of

"the Director" shall be substituted by the words "the Director General". article

principal Act.

In sub-article (2) of article 20 of the principal Act, the words Amendment of

"The Director" shall be substituted by the words "The Director article

principal Act.

PART IV

Consequential amendments

The words "Director" and "Director of Civil Protection" in the Amendments to

Civil Protection Act, the Civil Protection (Discipline and Association) the

Protection Act

Regulations, the Civil Protection (Volunteer Corps) Regulations, the and

legislation.

Civil Protection Pensions Regulations, and the Port Security Cap. 411.

Regulations, wherever they occur, shall be substituted by the words S.L.

"Director General of Civil Protection".

Passed by the House of Representatives at Sitting No. 40 of the 1st

November, 2022.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.54