ACT No. XVI of 2023 AN ACT to amend various laws relating to Building and Construction.

I assent.

(L.S.)

FRANK BEZZINA

Acting President

19th May, 2023

ACT No. XVI of 2023

AN ACT to amend various laws relating to Building and

Construction.

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 Various Laws relating to

commencement.

Building and Construction (Amendment) Act, 2023.

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

Minister responsible for the construction industry and for development

planning may, by notice in the Gazette, establish and different dates

may be so established for different articles and purposes of this Act.

PART I

Amendment to the Code of Police Laws

This Part amends the Code of Police Laws and it shall be read

and construed as one with the Code of Police Laws, hereinafter in this

Part referred to as "the Code".

Articles 95 and 96 of the Code shall be deleted.

PART II

Amendments to the Development Planning Act

This part amends the Development Planning Act and it shall Amendments to

be read and construed as one with the Development Planning Act, the

Development

hereinafter in this Part referred to as "the principal Act".

Planning Act.

In article 2 of the principal Act, the definition Amendment of

"commencement notice" shall be substituted by the following new article

principal Act.

definition

" "commencement notice" means a notice submitted by the

perit on behalf of the applicant to the Authority at least five (5)

days prior to the date of commencement of works or of the

utilization of a permit, to notify the Authority of the date of

commencement of works or of the utilization of a permit.".

PART III

Amendments to the Building and Construction Authority Act

This Part amends the Building and Construction Authority Amendments to

Act and it shall be read and construed as one with the Building and the

Construction

Construction Authority Act, hereinafter in this Part referred to as "the Authority

principal Act.".

In article 2 of the principal Act, immediately after the Amendment of

definition "contractor’s equipment" there shall be added the following article

principal Act.

new definitions

" "Council" means the Building and Construction

Consultative Council established by article 49;

"decision" includes an order, ruling or other decision

irrespective of how it is referred to;".

Sub-article (2) of article 7 of the principal Act shall be Amendment of

article 7 of the

amended as follows

principal Act.

(a) in the Maltese version only, in paragraphs (a) and (b)

thereof, the word "tirnexxi", wherever it occurs, shall be

substituted by the word "tissuċċiedi";

(b)

paragraph (c) thereof shall be substituted by the

following new paragraph

"(c) to perform and succeed in the functions which

were previously assigned to the Masons Board under the

provisions of the Code of Police Laws and which are

presently contained in or under this Act and to perform

and succeed to any other functions relating to the

licensing of masons assigned to the Director of Public

works under the Code of Police Laws and to perform and

succeed in the assets, rights, liabilities and obligations of

the Masons Board as established under the provisions of

the Code of Police Laws to the extent that the Minister

may prescribe by regulations under the Act;"; and

(c) in paragraph (k) thereof, the words "service

providers" shall be substituted by the words: "service providers,

including licencees;".

Article 11 of the principal Act shall be amended by the

following

(a) in sub-article (1) thereof the words "the duties of this

Act." shall be substituted by the words "the purposes of this

Act."; and

(b) in sub-article (16) thereof, immediately after the

words "The members of the Board," there shall be added the

words "the members of the committees,".

Immediately after article 11 of the principal Act there shall be

added the following new article

The Minister, after consultation with the Board,

Establishment

of committees. may appoint committees to perform or to assist the Board

in the performance of any function vested in the

Authority. The functions of the said committees shall be

prescribed by regulations made by the Minister.".

11. In sub-article (7) of article 12 of the principal Act,

immediately after the words "that is not the Authority" there shall be

added the words "or committees established under this Act".

Sub-article (4) of article 17 of the principal Act shall be

Immediately after sub-article (5) of article 18 of the principal

Act there shall be added the following new sub-article

"(6) The Code or its revision shall not come into

force unless a draft of the said Code or revision has been

referred to the Council and issued for public consultation

thereby allowing any person a period of not less than four

(4) weeks to make representations to the Board stating

how in his opinion the proposed or revised Code could be

improved to reach its ultimate aim

Provided that the provisions of this sub-article

shall not apply when the Code is brought into force after

having been revised following the public consultation

referred to in this sub-article.".

Article 20 of the principal Act shall amended as follows

Amendment of

article 20 of the

principal Act.

(a) the words "as the case may be may" shall be

substituted by the words "as the case may be"; and

(b) immediately after paragraph (d) thereof there shall be

added the following new paragraph

"(e) where a competent Court finds that the holder

of a licence issued in accordance with this Act, through

unskillfulness, imprudence or carelessness in building and

construction work entrusted to him and related to his trade,

has caused any injury to any person or property.".

Article 21 of the principal Act shall be amended as follows

Amendment of

article 21 of the

principal Act.

(a) in sub-article (4) thereof, the words "of all the

persons who in its opinion to have" shall be substituted by the

words "to all the persons who the Board considers to have"; and

(b) in sub-article (5) thereof, the words "and a decision

delivered" shall be substituted by the words "and a decision shall

be given".

Article 22 of the principal Act shall be amended by the Amendment of

article 22 of the

following

principal Act.

(a) in sub-article (3) thereof the words "his power of

entry" shall be substituted by the words "the authority to enter";

(b) sub-article (4) thereof shall be substituted by the

following new sub-article

"(4) Any verbal order issued by the Chief Executive

Officer or by any person or persons authorised by him shall

be followed in writing within the next two working days by

an enforcement order issued under articles 23, 24 and 25.".

In sub-article (8) of article 26 of the principal Act,

immediately after the words "infringes any provision of this Act" there

shall be added the words "or of any regulations made thereunder".

Article 33 of the principal Act shall be substituted by the

following new article

(1) The register shall be made available for

public inspection at such reasonable times as may be

determined by the Authority.

(2) The register of licence holders issued under

this Act shall be published on the website of the

Authority.".

19. In article 34 of the principal Act, the words "order, ruling or

decision" shall be substituted by the word "decision".

20. Article 35 of the principal Act shall be substituted by the

following new article

(1) The Tribunal shall be composed of an

advocate, a perit and an inġinier duly warranted, all of

whom shall have a minimum of five (5) years

experience in the profession. The said advocate shall

act as Chairperson and shall preside over the sittings of

the Tribunal.

(2) The Prime Minister may by order establish

p a n e l s of t h e Tri b u n a l , a n d m a y d e s i g n a t e t h e

categories of cases that shall be assigned to each panel

and may by subsequent order change, revoke or

substitute such order

Provided that nothing in this article and no

changes in the composition of the Tribunal or in the

qualifications or experience required of its members

occurring from time to time shall affect the validity of

anything done or still to be done by the Tribunal as

composed when the case was assigned to it or of the

continuation of proceedings before it in its composition

when the proceedings commenced.".

21. Immediately after article 36 of the principal Act there shall be

added the following new article

A member of the Tribunal may be challenged

or may abstain from hearing an appeal for the same

reasons as provided in article 734 of the Code of

Organization and Civil Procedure and in any such case,

that member shall be substituted by another person

appointed by the Secretary for such purpose from

amongst the members of the other panel or panels, or if

no such person can be so appointed, by another person

duly qualified to sit on the Tribunal, and who shall be

appointed for the purpose by the President acting on the

advice of the Prime Minister.".

22. Immediately after Part VIII of the principal Act there shall be Addition of a

new Part to the

added the following new Part

principal Act.

"PART IX

Building and Construction Consultative Council

(1) There shall be established a Council to be

Building and known as the Building and Construction Consultative

Consultative Council which shall be a forum for consultation and

dialogue between the representatives of various sectors of

the building and construction industry, the Government

and the Authority, and to advise the Minister and, or the

Authority, from time to time, on any of the following

(a) matters related to the building and

construction industry in general;

(b) monitoring of any development related

to the industry and on any necessary changes to

laws and regulations, policies, practices and any

other matter related to such developments;

(c) policies

related

to

sustainable

development within the industry;

(d) matters related to the national building

and construction codes and other regulations that

include standards to be adopted by the industry;

(e) the promotion of education and research

about the industry;

(f) other matters related to the industry or

to any function of the Authority about which the

Minister or the Authority may require consultation.

(2) The Minister may make regulations for the better

implementation of the provisions of this article, and

without prejudice to the generality of the aforesaid, such

regulations may include regulations detailing the

structure and composition of the Council, and for

assigning further functions or specific tasks to the

Council in relation to the building and construction

industry.".

Passed by the House of Representatives at Sitting No. 122 of the

16th May, 2023.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.72