ACT No. II of 2024 AN ACT to amend the Conduct Certificates Ordinance, Cap. 77.

I assent.

(L.S.)

GEORGE VELLA

President

2nd February, 2024

ACT No. II of 2024

AN ACT to amend the Conduct Certificates Ordinance, Cap. 77.

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 Conduct Certificates

commencement.

Ordinance (Amendment) Act, 2024 and this Act shall be read and

construed as one with the Conducts Certificates Ordinance, hereinafter

referred to as "the principal law".

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

Minister responsible for justice, with the concurrence of the Minister

responsible for police, may by notice in the Gazette establish, and

different dates may be so established for different provisions and

purposes of this Act.

Article 2 of the principal law shall be substituted by the

following new article

" National conducts

2. The Department

of

Justice

shall

be

and criminal

responsible to

records register.

(a) maintain a national criminal records

register; and

(b) issue conduct certificates subject to

the provisions of this Ordinance and in

accordance with Form A or B in the First

Schedule.".

Article 3 of the principal law shall be amended as follows

Amendment of

article 3 of the

principal law.

(a) in sub-article (2) thereof, the words "Police General

Headquarters" shall be substituted by the words "Conducts and

Criminal Records Office within the Department of Justice within

the Ministry responsible for justice";

(b) in the proviso to sub-article (2) thereof, the words

"Commissioner of Police" shall be substituted by the words

"Director, Department of Justice within the Ministry responsible

for justice";

(c) sub-article (3) thereof shall be substituted by the

following new sub-article

"(3) The competent authorities listed in the Fourth

Schedule and designated by the Minister responsible for

justice for this purpose may request, with the consent in

writing of the person to whom the record of criminal

convictions relates, the Director of the Department of

Justice within the Ministry responsible for justice to submit

a complete record of criminal convictions of the person to

whom they relate.";

(d)

in sub-article (5) thereof shall be amended as

follows

(i) the words "Commissioner of Police", wherever

they occur, shall be substituted by the words "Director,

Department of Justice within the Ministry responsible for

justice"; and

(ii) in the Maltese version only, the words "tal-

Kummissarju tal-Pulizija" shall be substituted by the words

"tad-Direttur, Dipartiment tal-Ġustizzja fi ħdan il-

Ministeru responsabbli għall-ġustizzja"; and

(e)

immediately after sub-article (5) thereof there shall

be added the following new sub-article

"(6) In accordance with their functions at law, the

following competent authorities shall have continuous

direct access to the complete record of criminal

convictions of a person

(a) the Attorney General;

(b) the Commissioner of Police;

(c) the Security Service.".

In sub-article (1) of article 4 of the principal law, the words

"Commissioner of Police" shall be substituted by the words "Director,

Department of Justice within the Ministry responsible for justice".

Article 10 of the principal law shall be substituted by the

following new article

The Minister responsible for justice may by

regulations amend, revoke, add or substitute the

Schedules to this Ordinance and may also make

regulations for the better carrying out of the provisions of

this Ordinance and to transpose, implement and give

effect to the provisions and requirements of Directives,

Regulations and any other legislative measures of the

European Union requiring transposition or

implementation.".

Passed by the House of Representatives at Sitting No. 201 of the

30th January, 2024.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.36