ACT No. XIV of 2026 AN ACT to provide for the safeguarding of adults, in particular adults with a disability, including older adults, who due to finding themselves in a situation of vulnerability, are unable to protect themselves from harm, abuse, or neglect and to effect consequential

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

24th April, 2026

ACT No. XIV of 2026

AN ACT to provide for the safeguarding of adults, in particular

adults with a disability, including older adults, who due to finding

themselves in a situation of vulnerability, are unable to protect

themselves from harm, abuse, or neglect and to effect consequential

amendments in the Convention on the International Protection of

Adults (Ratification) Act, Cap. 633.

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 Protection of Adults in

commencement.

Situations of Vulnerability Act, 2026.

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

Minister responsible for the rights of persons with disability may by

notice in the Gazette establish, and different dates may be so

established for different provisions and, or purposes of this Act.

For the purposes of this Act, unless the context otherwise

requires

"abuse" means any offensive treatment, whether physical,

sexual, mental, emotional, psychological, material or any

combination thereof, that causes or is reasonably likely to cause

the victim grievous physical or psychological harm or material

loss to his estate, including acts or threats of physical or sexual

violence, acts that violate sexual integrity, degrading or

humiliating conduct, repeated insults, ridicule, name calling,

emotional threats, deception, manipulation, invasion of privacy,

limitation of liberty, denial of care, elder abuse, abuse of

mandate or of powers of representation, and economic abuse

through financial exploitation, deprivation of financial resources

or disposal of assets and property, whether by persons within

close networks, such as family members, friends, support

persons, personal assistants or caregivers, or otherwise by other

third parties;

"adult" means a person who has attained the age of

majority in terms of article 188 of the Civil Code

Provided that any minor who would have acquired

legal capacity before the age of majority in terms of any law in

force governing his personal status shall also be considered to be

an adult for the purposes of this Act;

"adult in a situation of vulnerability" means any adult with

disability, including any older person, who due to the specific

circumstances surrounding his disability is unable to take care of

himself or unable to protect himself against harm or exploitation,

in the short term or in the longer term;

"assistance" means assistance provided in accordance with

article 17;

"conduct" means neglect and other failures to act;

"Director" means the Director responsible for the

Directorate for Disability Issues, established in terms of article Cap. 627.

5(1) of the United Nations Convention on the Rights of Persons

with Disabilities Act who shall be answerable to the Permanent

Secretary, and any person engaged in terms of article 4(2) when

so delegated to act in the name and representation of the Director

by the said Director;

"disability" shall have the same meaning assigned to it in

article 2(1) of the United Nations Convention on the Rights of Cap. 627.

Persons with Disabilities Act, and shall, for the purposes of this

Act, include any older adult ;

"Emergency Intervention Order" means an order made in

accordance with article 26;

"harm" means all harmful conduct or lack of appropriate

action leading to harm and, in particular, includes

(a)

physical harm,

(b)

psychological harm (such as fear, alarm or

distress),

(c) misappropriation or mismanagement of

property, rights or interests (such as theft, fraud,

embezzlement or extortion), and

(d)

conduct which causes self-harm;

"health and social care professional" means a professional

registered with the relevant Council under the Health Care

Professions Act or under any other law regulating other allied

health or caring professions, including but not limited to the

professions of midwifery, nursing, social work, psychology,

psychotherapy and counselling, and in the case of students or

trainees, such term shall refer to their direct supervising officer;

"health care department or authority" means any health

department, health care institution or authority such as hospitals,

local clinics and pharmacies, whether private or Government

owned, including employees thereof who exercise health

functions;

"health records" means records relating to an individual’s

physical or mental health which have been made by or on behalf

of a health and social care professional in connection with the

care of the individual;

"in need of assistance" means, in relation to an adult,

requiring assistance to

(a) provide or arrange for adequate care for oneself

or one’s estate; or

(b) protect oneself against abuse or neglect, due to

infirmity, whether physical or mental;

"in need of protection" means, in relation to an adult,

requiring protective intervention to maintain the safety and

wellbeing of the adult or preserve the adult’s estate because, due

to infirmity, whether physical or mental, the adult

(a)

is unable to provide or arrange for adequate

care for himself or his estate; or

(b) is experiencing and is unable to protect himself

against abuse or neglect;

"Individualised Support Plan" means a plan of proposed

assistance or protective intervention, developed following the

concept of person-centred planning, in accordance with article

16;

"investigation" means an investigation carried out by the

Director, in accordance with article 11, to determine whether an

adult is in need of assistance or protection;

"Minister" means the Minister responsible for the rights of

persons with disability;

"Ministry" means the Ministry responsible for the rights of

persons with disability;

"neglect" means a lack of or failure to provide necessary

care, assistance, guidance or attention which causes or is

reasonably likely to cause the victim severe physical or

psychological harm or severe deterioration in mental health

status or significant material loss to his estate;

"older person" shall have the same meaning assigned to it

in article 2 of the Commissioner for Older Persons Act;

"Permanent Secretary" means the Permanent Secretary

within the Ministry responsible for the rights of persons with

disability;

"personal assistant" shall have the same meaning assigned

to it in article 2 of the Personal Assistance Act;

"Personal Autonomy Safeguards Board" means the same

Board set up by article 519A of the Code of Organization and Cap. 12.

Civil Procedure;

"Personal Autonomy Safeguard Order" means an order

made in accordance to article 519E of the Code of Organization Cap. 12.

and Civil Procedure;

"place of residence" means the home, the establishment or

premises within which an adult in a situation of vulnerability

resides, whether permanently or temporarily, under any title

whatsoever;

"protective intervention" shall have the same meaning

assigned to it in article 19;

"Protective Intervention Order" or "Order" shall have the

same meaning assigned to it in article 19;

"Register" means the Protection of Adults in Situations of

Vulnerability Register established by article 38;

"Registrar" means the Registrar, Criminal Courts and

Tribunals;

"Regulation (EU) 2016/679" means Regulation (EU) 2016/

679 of the European Parliament and of the Council of 27 April

2016 on the protection of natural persons with regard to the

processing of personal data and on the free movement of such

data, and repealing Directive 95/46/EC (General Data Protection

Regulation);

"social enterprise organisation" means a social enterprise

organisation in accordance with article 3 of the Social Enterprise

"support person" shall have the same meaning assigned to

it in article 188B of the Civil Code;

"voluntary organisation" means a voluntary organisation in

accordance with article 3 of the Voluntary Organisations Act.

The scope of this Act is

(a) to provide or arrange for the assistance of an adult

who is in need thereof; and

(b) to provide protective intervention for any adult who

is in need of protection.

PART I

OF THE DIRECTOR RESPONSIBLE FOR THE

SAFEGUARDING OF ADULTS IN SITUATIONS OF

VULNERABILITY

(1) There shall be a Director responsible to assist and

protect adults in situations of vulnerability.

(2) In fulfilling his role in accordance with this Act the Director

shall be assisted by, and work alongside a number of officers, who shall

have adequate relevant professional knowledge and, or training, as

described in article 12(3), and shall, together with such officers, or

through delegation or assignment to such officers, exercise and perform

all powers, functions and duties vested in the said Director in accordance

with this Act.

(3) The Director shall, in the exercise of his functions in terms of

this Act, as and when necessary, consult with the Commissioner for the

Rights of Persons with Disability established by the E q u a l Cap. 413.

Opportunities (Persons with Disability) Act and, or the Commissioner

for Older Persons established by the Commissioner for Older Persons Cap. 553.

Act and, or the Commissioner for the Promotion of Rights of Persons

with Mental Disorders established by the Mental Health Act and, or Cap. 525.

any other entity or authority as he deems fit.

(4) In the exercise and performance of the powers, functions and

duties delegated or assigned to them as aforesaid, the officers of the

Director shall, unless otherwise specified, have the same obligations

and enjoy the same protection and privileges as are imposed on or

given to the Director by law.

(5) In the exercise and performance of their powers, functions

and responsibilities, the Director and the officers referred to in sub-

article (2) may request the assistance of the Executive Police in

accordance with the Police Act, whenever they deem it necessary.

Without prejudice to the functions which may be assigned to Functions of the

him by this Act, or by any other laws or regulations, the primary Director.

function of the Director shall be to investigate any alleged harm or risk

of harm to an adult in a situation of vulnerability and to take such

action as may be considered appropriate for the protection of such

person. For these purposes, the Director shall

(a) always ascertain the will and preferences of the adult

in a situation of vulnerability who is at risk, respect his rights,

and make every effort to address the adult’s needs and interests

by

(i) making real, considerable and pertinent efforts

to obtain an expression of will and preferences from the

adult;

(ii) providing him with relevant measures ensuring

accessibility and reasonable accommodation;

(iii) conducting matters in an age-appropriate and

gender-sensitive manner, with full respect for other

intersecting characteristics such as a person’s cultural or

religious background;

(iv) not exerting any undue influence on the said

adult, while collaborating with others involved in the

protection of the adult who is at risk

Provided that where obtaining a determination of the

adult’s will and preferences is not practicable, the Director

shall instead make a best interpretation of said will and

preferences, also taking into account the past statements,

values, beliefs and life history of the adult;

(b) enquire about whether any action taken in relation to

the adult in a situation of vulnerability who is at risk is

appropriate, ensuring that the adult is heard, in accordance with

article 13, in such process;

(c) provide guidance for the family, other significant

persons, support persons and personal assistants of the adult in a

situation of vulnerability who is at risk, including relevant

prevention strategies, in line with the contents of Section A of

the Fifth Schedule to the United Nations Convention on the

Rights of Persons with Disabilities Act;

(d) from time to time issue guidelines with respect to

what may constitute significant harm or risk of significant harm ,

including relevant prevention strategies, in line with the contents

of Section A of the Fifth Schedule to the United Nations

Convention on the Rights of Persons with Disabilities Act;

(e) ex officio file a report with the Executive Police or

otherwise inform the Executive Police following a report

received by such Director, in respect of facts that may lead to the

prosecution of one (1) or more criminal offences that may affect

a person in a situation of vulnerability, whether ex officio by the

said Executive Police, or on the complaint of the injured party.

The matters and business of the office of the Director,

including its administration and organisation, and organisation and

administrative control of its officers and employees, shall be the

responsibility of the Director.

PART II

GUIDING PRINCIPLES AND OUTREACH

This Act is to be administered in accordance with the

following guiding principles

(a) an adult shall be entitled to live in the manner he

wishes and to accept or decline assistance offered by the

Director, utilising any safeguards to his personal autonomy

provided for and exercised in terms of the Civil Code where Cap. 16.

necessary

Provided that the Director and his office shall, when

offering such assistance, provide age-appropriate and gender-

sensitive advice, that also respects other intersecting

characteristics when addressing vulnerability resulting from

inequalities linked to such characteristics, such as increased

vulnerability of adults with a disability to gender-based violence;

(b) an adult who is in need of assistance or protection

should receive the most effective but least restrictive or intrusive

assistance or protective intervention, as the case may be;

(c) in relation to the provisions of assistance or

protective intervention to an adult who is in need of assistance or

protection, the paramount consideration shall be to ascertain the

will and preferences of the adult, while making every effort

towards addressing and respecting the adult’s rights, needs and

interests, while acting in an age-appropriate and gender-sensitive

manner, with full respect for other intersecting characteristics

including a person’s cultural or religious background

Provided that when obtaining a determination of the

adult’s will and preferences is not practicable, the Director shall

instead make a best interpretation of such will and preferences,

also taking into account the past statements, values, beliefs and

life history of the adult;

(d) assistance or protective intervention provided to an

adult who is in need of assistance or protection should address

the specific needs of the adult and be reviewed and revisited on a

regular basis by the Director, including with reference to any

specific provisions ordered by this Act, in particular in respect of

hearing the adult in accordance with article 13, in order to be

able to address any changes to such adult’s needs or

circumstances.

(1) The Director shall engage all relevant stakeholders Outreach.

within the public and private sectors, and within civil society,

including by engaging with persons with disability and older persons

directly, as well as with their representative organisations, to raise

public awareness on the subject-matter of this Act, in particular

addressing

(a) knowledge about abuse, harm and neglect in respect

of persons in situations of vulnerability in an intersectional

manner;

(b)

the rights of adults in situations of vulnerability;

(c)

modes of support and redress covered by this Act;

(d)

access to early support; and

(e) the system of character checks and the Register

established by this Act.

(2) Such information produced as part of the efforts covered by

sub-article (1) shall be made publicly available, in different accessible

formats, and shall include any guidance mentioned in article 5(c) and

guidelines mentioned in article 5(d), including any prevention

strategies linked thereto.

(3) Any effort aimed at reaching out to and engaging with the

general public, different stakeholders, and actual and potential

beneficiaries, shall be carried out in an accessible manner, following

universal design principles, and factoring in the provision of any

reasonable accommodation necessary.

PART III

REPORTS AND INVESTIGATIONS

(1) Any person or entity having reasonable grounds for

believing that an adult is in need of assistance or protection, including

the adult himself, utilising any safeguards to his personal autonomy

provided for and exercised in terms of the Civil Code, where

necessary, may report the circumstances to the Director, the Victim

Support Agency or the Executive Police

Provided that any reports received by the Victim Support

Agency or Executive Police shall be forwarded to the Director without

delay.

(2) While any documentation submitted to the Executive Police

with a report mentioned in sub-article (1) shall also be forwarded to

the Director, the Executive Police shall not otherwise demand specific

supporting documentation, in particular concerning the physical or

mental health or the disability status of a person, and shall not decline

to either register or forward a report due to the absence of such

documentation.

(3) The Executive Police may also proceed, ex officio or on the

complaint of the injured party, in accordance with the relevant

provisions applicable in respect of prosecuting a particular offence,

should the said report also give rise to prosecution for any one (1) or

more criminal offences

Provided that in such case, the Executive Police shall also

inform the Director and liaise with the said Director for relevant

support in respect of said prosecutions.

(4) Notwithstanding the provisions of sub-article (1), any person

who, by virtue of his professional employment or occupation in health

care, social services, education, law enforcement, counselling,

residential services or any other field where the person engages in

work with adults in situations of vulnerability, or any entity operating

with these fields has reasonable grounds for believing that an adult is

in need of assistance or protection, shall report the circumstances to

the Director or the Executive Police

Provided that in the case of students or trainees, such

responsibility shall lie with the direct supervising officer of said

students or trainees, after said students or trainees would have formally

notified their relevant direct supervising officer, having followed

specific prescribed procedures in this respect.

(5) No person shall disclose or be compelled to disclose the

identity of a person or entity filing a report in terms of sub-articles (1)

or (4).

(6) Any person who or entity which, in good faith, files a report

under sub-articles (1) or (4) or assists in an investigation is not liable

to any civil action with respect to such report or assistance in the

investigation.

(7) Without prejudice to the provisions of Sub-title XI of Title

VIII of Part II of Book First of the Criminal Code, any person referred Cap. 9.

to in sub-article (4), who fails or which fails to file a report, shall be

guilty of an offence and shall be liable, on conviction, to a fine (multa)

not exceeding five thousand euro (€5,000).

(8) Without prejudice to any other punishment to which the

offender may be liable under any other law, any person who or entity

which, acting maliciously, either makes a false report, or withholds or

conceals information from the Director or the Executive Police, related

to the need for assistance or protection of an adult, shall be guilty of an

offence and shall be liable, on conviction, to imprisonment for a term

of between four (4) months to one (1) year, or to a fine (multa) not

exceeding five thousand euro (€5,000), or to both such fine and

imprisonment.

(1)

The Director shall keep an internal register recording

therein all reports which he receives in terms of the preceding article

Provided that the register shall be kept in a confidential

manner and only accessed by the Director or by persons duly

authorised by the Director.

(2) The Director shall, within five (5) working days from receipt

of the report, determine, on the basis of the information provided,

whether there is sufficient reason to believe that the adult in a situation

of vulnerability is suffering, or is likely to suffer, significant harm and

the Director shall make such investigations and assessments as he

considers necessary to determine whether the adult in a situation of

vulnerability is in need of assistance and, or protection

Provided that the time limit mentioned shall be shortened, in

line with the provisions of article 26, in cases of emergency

Provided further that if in the opinion of the Director, after

said Director would have consulted relevant health and social care

professionals, and, or other third parties, as necessary, there are no

sufficient reasons to believe that the adult in a situation of

vulnerability is suffering, or is likely to suffer, significant harm, the

Director shall not proceed further on the report and shall state in detail

the reasons for the dismissal

Provided further that such professionals shall have the

knowledge and, or training about the needs and experiences of persons

with disability and, or of older persons, and about different social

identities, including gender, age, sexual orientation or ethnic origin,

which such persons may have.

(3) The Director shall have thirty (30) working days following

the initial determination made in accordance with sub-article (2), to

conduct the investigations and assessments referred to in sub-article

(2)

Provided that this term may, upon good cause, including the

need to receive reports from abroad, or to complete the process of

gathering evidence from all persons of interest, be extended by the

Director by an additional period of sixty (60) working days.

(1) Where the Director receives a report in terms of sub-

articles (1) or (4) of article 9, or otherwise has reasonable grounds to

believe that an adult may be in need of assistance or protection, the

Director may ex officio refer the matter to the Joint Committee

established by article 12, in order that the said Committee carries out

an investigation to determine whether the adult is in need of such

assistance or protection.

(2) An investigation may include an analysis of the adult’s

condition, circumstances and needs, taking into consideration medical,

health, social, residential, financial, vocational, educational and other

factors, the role of any close relationships of the adult, including

family and other significant persons, and the presence of support

persons and, or personal assistants in the adult’s life, when deciding on

the need to support the adult to ensure his safety and well-being and

the protection of his estate and on the best way for guaranteeing such,

together with the adult, any persons supporting him, and any other

relevant stakeholders.

(1) There shall be constituted a committee, to be known as Joint

the "Joint Committee", which shall conduct investigations in Committee.

accordance with this Act, following a reference from the Director, and

assist the Director with the development and implementation of

Individualised Support Plans, determinations on assistance and

relevant reviews.

(2)

The Joint Committee shall be composed of

(a) the following members sitting ex officio, or of

officials fulfilling comparable roles should relevant designations

change, with such members to be accompanied for meetings of

the committee by experts answerable to them, to which members

may also delegate their seats on the committee to such experts

(i)

the Director as Chairperson;

(ii)

the Chief Executive Officer of Aġenzija

Sapport;

(iii) the Chief Executive Officer of the Foundation

for Social Welfare Services;

(iv) the Chief Executive Officer of the Department

for Active Ageing and Community Care;

(v) the Clinical Chair of Mental Health Services

within the Ministry responsible for health; and

(vi) the Chief Executive Officer of the Victim

Support Agency

Provided that any of the above-mentioned

delegates or other experts shall recuse themselves from any

proceedings before the Joint Committee, should they have

assisted, or be at the time assisting in a professional

capacity the person in respect of whom measures under this

Act are being considered

Provided further that other experts may also be

nominated by the members of the Joint Committee to act as

substitutes to the said members or to the delegates chosen

by such members, whenever such members or their

delegates are unavailable, or whenever any delegate

recuses themselves in terms of the preceding proviso;

(b) an officer appointed by the Director to act as

Secretary to the Joint Committee.

(3) The experts referred to in sub-article (2) shall be

knowledgeable and, or trained about

(a) the needs and experiences of persons with disability

and, or of older persons; and

(b) different social identities, including gender, age,

sexual orientation or ethnic origin, which such persons may

have, allowing such professionals to be able to better identify

and address situations of vulnerability tied to inequalities

resulting from one’s multiple social identities, including

situations of gender-based violence on individuals with a

disability.

(4) The Joint Committee shall hold regular meetings at suitable

intervals and shall regulate its own proceedings.

(1) In conducting an investigation in relation to an adult, the

Joint Committee shall communicate with and interview the adult in

order to be able to better assess the situation of the adult.

(2) When engaging the adult for the purposes of communicating

with, or interviewing such adult in terms of this article, the Joint

Committee shall ascertain the will and preferences of the adult, while

respecting his rights, by following the requisites listed in article 5(a).

(3) For the purposes of engaging in such communication or

interviews with the Joint Committee, an adult may be supported by

any one (1) or more persons appointed as support persons for the

purposes of the exercise of personal autonomy by such adult and, or by

any persons acting as personal assistants to that adult.

(4) For the purposes of engaging in such communication or

interviews, the Joint Committee may be assisted by any one (1) or

more health and social care professionals having the expertise outlined

in article 12(3) as the Committee may deem opportune.

(5) The adult may request that any one (1) or more health and

social care professionals supporting the adult be heard by the Joint

Committee during the investigation.

(6) Where the Joint Committee considers that the interests of

justice so require, it shall appoint an advocate for legal aid to assist the

adult during the course of the investigation.

(1) In conducting an investigation in relation to an adult, the Right to

information.

Joint Committee may

(a) request that the adult participate in a holistic

functional and needs assessment, following the same procedures

laid out in article 519E of the Code of Organization and Civil Cap. 12.

Procedure in such case, however, simply as a descriptive

assessment towards granting assistance or protection in terms of

this Act, and not for diagnostic or other purposes

Provided that such assessment shall focus on the

causes leading to different situations of vulnerability that a

person may be facing, in order to be able to eventually address

the said causes, without making any assumptions about the

person’s capabilities and, or functional skills;

(b) interview persons who may have information that is

relevant to the investigation;

(c) solicit, accept and review reports and information,

which are strictly necessary for the fulfilment of this Act from

(i) a health or social care provider or other person

who, or agency that, has provided services to the adult; or

(ii) a person who manages the adult’s financial

affairs, business or other assets;

(d) require a person or agency, including a law

enforcement agency, to provide information or produce records

of documents in such person’s or agency’s possession or control

which, in the opinion of the Joint Committee, may be relevant to

the investigation;

(e)

require the production of medical, financial or other

records regarding the adult.

(2) For the purpose of sub-article (1) the Joint Committee’s right

to information prevails over every

(a) claim of confidentiality or privilege, except that of a

lawyer-client privilege, or of the privileged relationship between

the adult themselves and a health and social care provider, in

which case the consent of the adult would be required, unless

obtaining such consent would not be practicable, in which case

the Joint Committee is to apply a best interpretation

determination in respect of such consent; and

(b) restriction in an enactment or any other law about

disclosure or confidentiality of information.

(3) Any person who, or agency that, has custody or control of

information that the Joint Committee is entitled to in terms of sub-

article (1) shall provide that information on request.

(1) Where, during the course of an investigation of a report

on an adult, the Joint Committee reasonably considers it necessary for

the purpose of the conduct of the investigation that a court order in

accordance with sub-article (2) should be obtained, the Director shall

by means of an application before the Court of Magistrates request the

issue of such an order.

(2) On determining an application filed in terms of sub-article (1),

the Court of Magistrates may make any order the said Court considers

necessary for the purpose of the investigation, including an order

(a) allowing the Joint Committee access to the adult and

entry to premises to facilitate that access including ordering the

assistance of the Executive Police;

(b) requiring the adult to participate in an interview

specified in article 13(1) with the Joint Committee;

(c) allowing the Joint Committee and, or any further

person involved in conducting an interview under article 13, or

an assessment under 14(1)(a), access to the adult and entry to

premises to facilitate that access;

(d) prohibiting any person, other than those persons

mentioned in article 13, from being present while the Joint

Committee communicates with or interviews the adult in terms

of article 13; or

(e) requiring a person to provide the information referred

to in article 14(1).

(1) The Director shall, on the basis of the conclusions from Determination

an investigation in relation to an adult by the Joint Committee, where of

Individualised

the said conclusions establish that the adult is in need of assistance or Support Plans.

protection, work with the Joint Committee, with the adult who may

also be supported by the persons listed in article 13(3), and with

relevant stakeholders such as those listed in article 9(4), to develop an

Individualised Support Plan for the assistance or protective

intervention, as the case may be, in line with the concept of person-

centred planning.

(2) In involving the adult in these proceedings, the Director and

the Joint Committee shall follow the procedures outlined in article 13.

PART IV

ASSISTANCE

The Director shall work with the Joint Committee established Conditions to be

under article 12, with the adult receiving assistance, who may also be fulfilled

provision of

supported by the persons listed in article 13(3), and with relevant assistance.

stakeholders such as those listed in article 9(4), to arrange for

assistance for an adult where

(a) the Joint Committee would have concluded, on the

basis of an investigation, that the adult is in need of assistance;

(b) the assistance is provided or arranged in accordance

with an Individualised Support Plan, in line with the concept of

person-centred planning; and

(c) the adult consents for the provision of such assistance

to the fullest extent while utilising any safeguards for his

personal autonomy provided for and exercised in terms of the Cap 16.

Civil Code.

Assistance may include

Method of

assistance.

(a) facilitating the exercise of the adult’s personal

autonomy, in accordance with article 5(a);

(b)

further assessment and person-centred planning;

(c)

the provision of counselling and other social work;

(d)

the provision of speech and hearing therapy;

(e)

the

provision

of

occupational

therapy

and

physiotherapy;

(f)

the provision of respite care and day care;

(g)

socio-recreational activity and vocational training;

(h)

housekeeping, nutritional and social support services;

(i)

legal counsel and financial management services;

(j)

request a Personal Autonomy Safeguard Order;

(k)

residential accommodation and personal or nursing

care; and

(l) any other service that may support the adult’s safety

and well-being

Provided that the Director may at any time file an application

before the Civil Court (Family Section) in terms of article 13(3) of the

Civil Code requiring the court to order any person liable for

maintenance, in whatever degree, to supply maintenance, reserving to

such person the right to claim reimbursement from such other persons

as, according to the said order, were bound to pay maintenance.

PART V

PROTECTIVE INTERVENTION

(1) Where the Director has reasonable grounds to believe

that an adult is in need of protection, the Director may file an

application before the Court of Magistrates for the issuance of a

Protective Intervention Order for the adult

Provided that the Director shall file a copy of the investigation

conducted and supporting documents with the application.

(2) In the interests of expediency the Court shall be assisted by

judicial assistants when considering an application filed in terms of the

sub-article (1), in respect of carrying out relevant functions linked to

the judicial process in terms of article 97A of the Code of Organization

and Civil Procedure, and when deciding on certain matters linked

thereto further to article 97C of the said Code.

(3) Where after assessing an application filed in accordance with

sub-article (1) the said Court of Magistrates, after having been guided by

the provisions of article 13 in respect of hearing an adult, determines that

such adult is in need of protection, the Court may make an order under

this article for the protective intervention that, in the opinion of the said

Court, best addresses the needs and interests of the adult, while ensuring

compliance with the provisions of articles 5(a) and (b).

(1) The Court of Magistrates may, with respect to an adult Procedure.

who is in need of protection, issue a Protective Intervention Order and

may

(a) direct the provision or arrangement of assistance for

the adult;

(b) place the adult under the supervision of the Director,

in accordance with the conditions set out in the Order; or

(c) direct that the adult be relocated and, if necessary,

placed under the appropriate supervision or care, in accordance

with any conditions set out in the Order

Provided that all these measures shall be coordinated

by the Director together with the Joint Committee, while

respecting existing procedures followed by entities represented

on the said Committee, and with the involvement of the adult

who may also be supported by the persons listed in article 13(3),

and relevant stakeholders such as those listed in article 9(4).

(2) Any supervision or care provided in terms of this article shall

not in any way impinge on the legal capacity of the adult, which shall

remain regulated exclusively by the relevant provisions of the Civil

Code.

(3) The Court of Magistrates may, with respect to a person who is

determined to be a source of harm or danger to an adult who is in need

of protection, make a Protective Intervention Order directing such

person to do one or more of the following

(a) limit the person’s contact, communication or

involvement with the adult or the adult’s estate as directed by the

court;

(b) cease from residing at and stay away from the

premises used by the adult as his place of residence, provided the

person is not the owner or person having the title or possession

of the premises;

(c) refrain from visiting, communicating with, harassing

or interfering with the adult;

(d) refrain from having any involvement in or interfering

with the adult’s estate;

(e) provide financially for the maintenance and support

of the adult if the person has a legal obligation to do so according

to the provisions of Sub-title II of Title I of Book First of the

Civil Code or any other law, from time to time in force, imposing

a legal obligation on that person to provide such maintenance

and support.

Saving the provisions of article 27 of the Health Act, or any

other law to the contrary, where the Court of Magistrates has, by

means of a Protective Intervention Order, ordered that an adult who is

in need of protection be subject to supervision by the Director, the

Director ’s involvement, in respect of any treatment decisions

concerning the adult, unless otherwise specified in the Order, shall be

subject to the same obligations and the same powers as would have

been assigned to a support person in terms of the Civil Code.

(1) Where the Director has reasonable grounds to believe

that an adult is or may be in need of assistance or protection and is

unable to make reasonable judgements with respect to his personal

welfare or estate, the Director may file an application to the Personal

Autonomy Safeguards Board in accordance with article 188A of the

Civil Code.

(2) Notwithstanding the provisions of sub-article (1), where, in

the circumstances described in the said sub-article the Director has

reasonable grounds to believe that there is considerable risk of

immediate, serious harm to the adult or the adult’s estate, the Director

may file an application for, and the Personal Autonomy Safeguards

Board may issue an order appointing a temporary support person for

the adult while an investigation is ongoing or other actions are taken

pursuant to this Act.

(3) An order appointing a temporary support person in

accordance with this article shall

(a) remain in force for a period of not more than one

hundred and eighty (180) days unless otherwise renewed by the

Personal Autonomy Safeguards Board following the request of

the Director; and

(b) limit the authority of the temporary support person to

matters necessary for the immediate protection of the adult and

the preservation of the adult’s estate

Provided that an order appointing a temporary support person

in accordance with this article may be renewed more than once

Provided further that where it is impossible to identify a

temporary support person, including from the pool established by

article 519GA of the Code of Organization and Civil Procedure, the Cap. 12.

Personal Autonomy Safeguards Board shall direct the Director to fulfil

the role of temporary support person, and the said Director shall be

assisted by the officers referred to in article 4(2) in his fulfilment of

such role

Provided further that in respect of the fulfilment of the role of

temporary support persons in terms of the preceding proviso,

hypothecation obligations under article 519H(1) of the Code of Cap. 12.

Organization and Civil Procedure shall not be applicable, and any

legal action directed at the temporary support person shall be brought

against the Directorate for Disability Issues, unless it would be in

respect of an offence listed in article 38(1)(a), in which case it shall be

brought directly against the Director or against any officer referred to

in article 4(2) who would be assisting the Director in accordance with

the preceding proviso.

(1) Where the Director applies for a Protective Intervention Notice.

Order under this Act, except under article 26, the Director shall give at

least fifteen (15) days’ notice of the application to the following

(a) the adult who is, or may be in need of protection, to

whom the application refers, and in a manner readily

understandable by the adult;

(b) any person appointed as a support person for the

purposes of the exercise of personal autonomy by that adult;

(c) any person, other than the adult, who is the subject of

the application.

(2) An adult who is or may be in need of protection, who can be

assisted by a support person for the purposes of the exercise of his

personal autonomy, as well as personal assistants, and any other person

who is the subject of an application for the issue of a Protective

Intervention Order under this Act is entitled to make submissions

during the proceedings related to that application

Provided that the Court of Magistrates may, if it deems

necessary, request any other person or health and social care

professional having the expertise outlined in article 12(3) to make

submissions in the proceedings, with said submissions, however,

having the purpose of allowing the Director to better act in a manner

that ascertains the adult’s will and preferences and respects his rights,

while acting in an age-appropriate and gender-sensitive manner, with

full respect for other intersecting characteristics including a person’s

cultural or religious background.

(3) The Court of Magistrates may order that an adult who is in

need of protection, to whom an application for a Protective

Intervention Order in terms of this Act refers, shall have the costs of

legal representation of any proceedings related to the application

covered at the expense of the Director, if it is established that the

expense would be beyond the means of the adult

Provided that any such order in relation to costs shall also

extend to any appeal filed by the adult in terms of article 25(4).

In any application for the issuance of a Protective Intervention

Order the Director shall provide sufficient information to establish

that

(a) the adult who is the subject of the application is in

need of protection;

(b) adequate protection is unlikely to be achieved other

than by an Order; and

(c) the protective intervention proposed is the least

intrusive or restrictive of the practicable remedies available, and

that in providing such protection intervention the Director

ascertains the will and preferences and respects the rights of the

adult in a situation of vulnerability who is at risk, while acting in

an age-appropriate and gender-sensitive manner, with full respect

for other intersecting characteristics including a person’s cultural

or religious background

Provided that when obtaining a determination of the

adult’s will and preferences is not practicable, the Director shall

instead make a best interpretation of such will and preferences,

also taking into account the past statements, values, beliefs and

life history of the adult.

(1) A Protective Intervention Order shall remain in force for

a maximum period of twelve (12) months.

(2) The Director shall ensure a review of the conditions and the

need for the continuation of a Protective Intervention Order before the

lapse of such an Order, further to the procedures outlined in article 28.

(3) The Court of Magistrates, upon an application filed by the

Director before the lapse of a Protective Intervention Order, shall

follow the procedure outlined in article 19(3) in respect of fresh

applications, and determine whether to renew, revoke or otherwise

vary the Order

Provided that in the interests of expediency the provisions of

article 19(2) in respect of the Court being assisted by judicial assistants

shall likewise apply to such review proceedings by the Court.

(4) A decision of the Court of Magistrates to issue a Protective

Intervention Order may be appealed before the Court of Appeal

(Inferior Jurisdiction), by any person listed in article 23, in their own

name or in the name of an entity that such person represents, by means

of an application filed within thirty (30) days from the day on which

such Protective Intervention Order shall have been issued

Provided that in case of an action brought by an adult who,

under any provision of law, is incapable of suing or being sued, such

action may be commenced by such adult notwithstanding such

incapacity, and the adult shall also be provided with relevant available

measures ensuring accessibility and reasonable accommodation.

(5) The Minister, together with the Minister responsible for

justice, may by regulations under this Act establish the fees payable in

the registry of the courts relative to the filing of judicial acts in

connection with appeals to the Court of Appeal in accordance with

sub-article (4)

Provided that until such fees are so established by means of

regulations, the fees contained in Schedule A to the Code of Cap. 12.

Organization and Civil Procedure shall apply.

(6) The board established in accordance with article 29 of the Cap. 12.

Code of Organization and Civil Procedure may make rules governing

appeals to the Court of Appeal (Inferior Jurisdiction) in accordance

with sub-article (4).

PART VI

EMERGERNCY INTERVENTION

(1) Where the Director has reasonable grounds to believe Removal of

that there is considerable risk of immediate harm to an adult who is, or adult

of the source of

may be in need of protection, the Director may, after informing the potential harm.

Permanent Secretary and after obtaining an Emergency Intervention

Order from the Court of Magistrates, file an application in the Registry

of the said Court requesting urgently that

(a)

the adult be removed from the source of potential

harm to such place as the Director considers appropriate for the

protection of the adult; or

(b)

the source of the potential harm be, with the

assistance of the Executive Police, removed from the proximity

of the adult.

(2) Within twenty-four (24) hours after an adult or a source of

potential harm is removed pursuant to sub-article (1), the Director

shall apply for a Protective Intervention Order for the adult in terms of

article 19, unless the Director had previously reversed the actions

taken under sub-article (1)

Provided that if the Court of Magistrates does not accede to

the request made by the Director, no action shall lie against the

Director and, or any person involved, if there were reasonable grounds

to justify the action taken in terms of this article.

PART VII

REVIEW

The Director shall continue to involve an adult who is in need

of, and is receiving assistance, or an adult who is in need of protection

and is the subject of a Protective Intervention Order, and any persons

supporting the adult in relevant processes and listed in article 13(3), in

any actions planned or taken under this Act in relation to such adult,

and shall communicate any information linked to such actions to that

adult in writing and in a manner readily understandable by the said

adult.

(1) The Director shall cause any Individualised Support

Plan and any assistance or protective intervention to be reviewed in

accordance with a schedule included as part of the Plan or Protective

Intervention Order

(a)

by the Joint Committee;

(b) assisted by any one (1) or more health and social care

professionals having the expertise outlined in article 12(3);

(c) with the involvement of the adult covered by the

measures in question, who may also be supported by the persons

listed in article 13(3);

(d) liaising with relevant stakeholders, including those

listed in article 9(4), as necessary; and

(e)

in no case less frequently than every six (6) months.

(2) The Director shall cause the carrying out of a review of an

Individualised Support Plan and any assistance or protective

intervention being provided to an adult who is in need of assistance or

protection, as the case may be, further to the provisions of paragraphs

(a) to (d) of sub-article (1), if

(a) there appears to have been a material change in the

needs or circumstances of the adult; or

(b) the adult or any person appointed as a support person

for the purposes of the exercise of personal autonomy by that

adult requests a review based on grounds determined to be

reasonable by the Director.

(3) Where, based on a review made under sub-articles (1) or (2),

the Joint Committee reaches a conclusion that there has been a

material change in the needs or circumstances of the adult, the Director

shall adjust the Individualised Support Plan accordingly and may

apply to the Court of Magistrates to have any Protective Intervention

Order in relation to the adult varied, renewed or revoked.

An adult who is in need of protection and is the subject of a Application by

Protective Intervention Order, or any person appointed as a support the

change of Order.

person for the purposes of the exercise of personal autonomy of that

adult, may, at any time based on a material change in the needs or

circumstances of the adult, apply to the Court of Magistrates to have

the Order varied, renewed or revoked

Provided that in case of an action brought by a person who,

under any provision of law, is incapable of suing or being sued, said

action may be commenced by such person notwithstanding such

incapacity, and the said person shall also be provided with relevant

available measures ensuring accessibility and reasonable

accommodation.

An application filed in terms of article 29 shall be served on Notice.

any person directly involved or affected, including the Director who

shall have a right to reply to the application within fifteen (15) days

from service of the application.

PART VIII

GENERAL

No action shall lie against a health and social care Liability.

professional or institution or its staff for rendering necessary treatment

determined to have been provided in good faith and without

negligence to an adult who is, or may be in need of assistance or

protection.

No person involved in the administration of this Act shall Confidentiality.

disclose confidential information collected in the administration of this

Act except, subject to articles 13 and 14

(a)

where authorized by the Director;

(b) with the consent of the person or persons to whom

the information pertains;

(c)

where required for the administration of this Act;

(d) in the course of judicial proceedings in terms of this

Act, the Civil Code, the Code of Organization and Civil

Procedure or the Mental Health Act; or

(e) as otherwise permitted under this Act or any

subsidiary legislation made thereunder.

Any person who

(a) obstructs or hinders any person who is conducting an

investigation pursuant to this Act;

(b) fails to comply with the requirements of a Protective

Intervention Order; or

(c) otherwise contravenes a provision of this Act or any

subsidiary legislation made thereunder, unless the punishment in

respect of such is already specified in the said Act or subsidiary

legislation,

is guilty of an offence and liable, on conviction, to a fine (multa) of

not more than ten thousand euro (€10,000), or to imprisonment for a

term not exceeding six (6) months, or to both such fine and

imprisionment.

The provisions of this Act shall not prejudice or be construed

as limiting, amending, repealing or otherwise altering any provision of

other applicable Acts and regulations including the Civil Code,

Criminal Code, Code of Organization and Civil Procedure, Gender-

Based Violence and Domestic Violence Act, Equal Opportunities

(Persons with Disability) Act, Mental Health Act, United Nations

Convention on the Rights of Persons with Disabilities Act, Health Act,

Medical and Kindred Professions Ordinance, Health Care Professions

Act, Psychology Profession Act and Social Care Standards Authority

Act, or as exempting any person from any duty or obligation of care.

PART IX

DATA PROTECTION

(1) Nothing in this Act shall prejudice the applicability of Processing of

Regulation (EU) 2016/679 and the Data Protection Act, including the personal

regulations made thereunder, and the fundamental rights and freedoms

of the data subjects.

(2) The Director, acting in his capacity of controller (hereinafter

for the purposes of this Part referred to as the "controller") in terms of

Article 4(7) of Regulation (EU) 2016/679, shall perform the relevant

data processing operations which are limited to the extent needed for

the purposes of this Act, and to what is necessary for and proportionate

to the objectives pursued by the Director.

(3) The processing of personal data, including the processing of

special categories of personal data, for the purposes of this Act shall

fully comply with the principles relating to the processing of personal

data pursuant to Article 5 of Regulation (EU) 2016/679.

(1) The controller, taking into account the nature, scope, Appropriate

context and purposes of processing as well as the risks of varying safeguards.

likelihood and severity for the rights and freedoms of the data subjects,

both at the time of the determination of the means for processing and

at the time of the processing itself, shall implement appropriate

technical and organisational measures, in an effective manner and to

integrate the necessary safeguards into the processing, in order to

protect the rights of the data subjects and to ensure a level of security

appropriate to the risk.

(2) The data protection officer designated by the controller in

terms of Article 37 of Regulation (EU) 2016/679 shall be involved and

consulted in a duly and timely manner on all issues in relation to the

protection of personal data processed for the purposes of this Act.

(3) For the purpose of ensuring and to be able to demonstrate that

the processing of personal data is performed in accordance with the

provisions of Regulation (EU) 2016/679, the controller shall

implement the appropriate data protection policies, which policies

shall be periodically reviewed and updated where necessary.

(4) Access to any personal data, including special categories of

personal data processed for the purposes of this Act, shall be reserved

exclusively to duly authorised staff of the controller. Access shall be

limited to the extent needed for the performance of the Director’s

functions in accordance with the purposes of the Act, and to what is

necessary and proportionate to the objectives pursued in terms of this

Act.

(1) With respect to all the processing of personal data

pursuant to this Act, every data subject shall have the right of access,

rectification, erasure and restriction, including the right to lodge a

complaint with the Information and Data Protection Commissioner,

the right to compensation and judicial redress as laid down in the Data

Protection Act and Regulation (EU) 2016/679.

(2) The controller may restrict the rights and obligations provided

for in Articles 14 to 20 and Article 34 of Regulation (EU) 2016/679 in

accordance with Article 23 thereof.

(3) The restrictions under sub-article (2) shall only apply where

these restrictions are considered as a necessary and proportionate

measure for the performance of the functions of the controller pursuant

to this Act, or to protect the vital interests of the adults in need of

assistance or protection, or to effectively preserve the integrity of the

delivery of the professional services provided by the controller to such

persons.

(4) The data protection officer designated pursuant to Article 37

of Regulation (EU) 2016/679 shall be consulted by the controller as

appropriate and in a timely manner in the entire process of applying the

restriction.

(5) The controller shall apply the restrictions referred to in sub-

article (3) for as long as the reasons justifying them remain applicable,

following a necessity and proportionality test. The reasons justifying

the restrictions shall be documented and made available to the

Information and Data Protection Commissioner when and as required.

(6) Where the reasons for a restriction no longer apply, the

controller shall lift the restriction and inform the data subject

concerned accordingly and comply with the rights and obligations

provided for in Articles 14 to 20 and Article 34 of Regulation (EU)

2016/679.

(7) The controller shall review the application of the restrictions

referred to in this article and depending on the outcome of such review

inform the data subject accordingly.

PART X

CHARACTER CHECKS AND PROTECTION OF ADULTS IN

SITUATIONS OF VULNERABILITY REGISTER

(1) The Director shall require any individual providing

services specifically aimed at supporting the well-being of adults in

situations of vulnerability, whether or not said services are licensable

in accordance with any legislation, to, prior to entering into

employment with any person or body corporate, including any

registered voluntary organisation, or being engaged as a volunteer by

any such person or body corporate, produce

(a) a conduct certificate issued in accordance with article

2 of the Conduct Certificates Ordinance, showing no recordable Cap. 77.

convictions in accordance with

(i)

this Act;

(ii)

Title I of Part II of Book First of the Criminal Cap. 9.

Code;

(iii) articles 82A to 82E of Title II of Part II of Book

First of the Criminal Code;

(iv) Title V of Part II of Book First of the Criminal Cap. 9.

Code;

(v)

Title VI of Part II of Book First of the Criminal Cap. 9.

Code;

(vi) article 197 of Sub-title I of Title VII of Part II

of Book First of the Criminal Code;

(vii) Sub-titles II and III of Title VII of Part II of

Book First of the Criminal Code;

(viii) Sub-titles I to VI of Title VIII of Part II of

Book First of the Criminal Code;

(ix) articles 244 and 244A of Sub-title VII of Title

VIII of Part II of Book First of the Criminal Code;

(x) Sub-titles VIII to XI of Title VIII of Part II of

Book First of the Criminal Code;

(xi) Title IX of Part II of Book First of the Criminal

Code;

(xii) the Sex Trafficking (Suppression) Ordinance;

(xiii) the Affirmation of Sexual Orientation, Gender Cap. 567.

Identity and Gender Expression Act;

(xiv) the Gender-Based Violence and Domestic Cap. 581.

Violence Act; and

(xv) the Minor Protection (Alternative Care) Act; or Cap. 602.

(b)

comparable documentation issued by the relevant

competent authorities of a foreign jurisdiction, showing no

comparable convictions recorded in said documentation

Provided that no original copies of said

documentation shall be made or retained by the Director, after

having examined said documentation

Provided further that on the date of coming into force

of this article, all individuals referred to in this sub-article and who

are already so engaged as employees or volunteers on such date,

shall, within nine (9) months of this date, likewise be required to

comply with the obligation set out in this sub-article.

(2) The Director shall also require any individual wishing

to provide services specifically aimed at supporting the well-being

of adults in situations of vulnerability, whether or not said services

are licensable in terms of any legislation, on a self-employed basis,

to likewise produce, prior to commencing any such self-employed

activities

(a) a conduct certificate issued in accordance with

article 2 of the Conduct Certificates Ordinance, showing

no recordable convictions in terms of

(i)

this Act;

(ii) Title I of Part II of Book First of the

Criminal Code;

(iii) articles 82A to 82E of Title II of Part II of

Book First of the Criminal Code;

(iv) Title V of Part II of Book First of the

Criminal Code;

(v) Title VI of Part II of Book First of the

Criminal Code;

(vi) article 197 of Sub-title I of Title VII of

Part II of Book First of the Criminal Code;

(vii) Sub-titles II and III of Title VII of Part II

of Book First of the Criminal Code;

(viii) Sub-titles I to VI of Title VIII of Part II

of Book First of the Criminal Code;

(ix) articles 244 and 244A of Sub-title VII of

Title VIII of Part II of Book First of the Criminal

Code;

(x) Sub-titles VIII to XI of Title VIII of Part

II of Book First of the Criminal Code;

(xi) Title IX of Part II of Book First of the

Criminal Code;

(xii) the

Sex

Trafficking

(Suppression) Cap. 63.

Ordinance;

(xiii) the Affirmation of Sexual Orientation, Cap. 567.

Gender Identity and Gender Expression Act;

(xiv) the Gender-Based Violence and Domestic Cap. 581.

Violence Act; and

(xv) the Minor Protection (Alternative Care) Cap. 602.

Act; or

(b) comparable documentation issued by the

relevant competent authorities of a foreign jurisdiction,

showing no comparable convictions recorded in said

documentation

Provided that no original copies of said

documentation shall be made or retained by the Director

after having examined such documentation

Provided further that on the date of coming into

force of this article all individuals referred to in this sub-

article, and who are already so engaged in self-employed

work on such date, shall, within nine (9) months from such

date, be required to comply with the obligation set out in

this sub-article.

(3) On having ascertained himself that the requesting

individual, in terms of sub-articles (1) or (2), has not been

convicted of any of the offences listed in said sub-articles, the

Director shall proceed with issuing a clearance certificate in

respect of that person, in terms of this article, following payment

of an indicated fee. The Director shall also transmit a copy of

said certificate to the person or body corporate that would

engage the prospective employee or volunteer in accordance

with sub-article (1), as well as to the Registrar

Provided that the certificate and any copies thereof

may be issued physically and, or digitally, and in both cases shall

contain a two-dimensional machine-readable code allowing for

the verification of the certificate’s authenticity, validity and

integrity, and that the Minister may by regulations in accordance

with this Act also establish technical specifications with which

such physical and, or digital versions of the certificate and of

copies thereof shall comply

Provided further that failure by any individual

employer, or by any person within such a body corporate

responsible for engaging employees or volunteers, to proceed

with such employment or volunteer engagement without said

certificate having been issued in respect of the prospective

employee or volunteer shall constitute an offence, and any such

individual or person shall on conviction be liable to

imprisonment for a term from three (3) months to four (4) years

or to a fine (multa) of not less than two thousand five hundred

euro (€2,500) and not more than fifty thousand euro (€50,000) or

to both such fine and imprisonment

Provided further that the Commissioner for Voluntary

Organisations, in exercise of the powers conferred on him by

article 34 of the Voluntary Organisations Act, or the Regulator of

Social Enterprise Organisations, in exercise of the powers

conferred on him by article 33 of the Social Enterprise Act, may

request that the Director provide them with a copy of the

certificate issued in respect of any employee or volunteer

engaged with a registered voluntary organisation, or with a

registered social enterprise organisation respectively, where such

employee or volunteer, in the opinion of said Commissioner or

Regulator, would be subject to the requirements of sub-article

(1).

(4) Any prospective or current recipient of self-

employed services referred to in sub-article (2), being provided

by any person mentioned in that sub-article, may, at any time,

request that the Director provide him with a copy of the

certificate issued in accordance with sub-article (3), in respect of

any person providing any self-employed services referred to in

sub-article (2)

Provided that engaging in any such-self-employed

services by any person without having previously obtained such

a certificate shall constitute an offence, and such person shall on

conviction be liable to imprisonment for a term from three (3)

months to four (4) years or to a fine (multa) of not less than two

thousand five hundred euro (€2,500) and not more than fifty

thousand euro (€50,000) or to both such fine and imprisonment

Provided further that the Commissioner for Voluntary

Organisations, in exercise of the powers conferred on him by

article 34 of the Voluntary Organisations Act, or the Regulator of Cap. 492.

Social Enterprise Organisations, in exercise of the powers

conferred on him by article 33 of the Social Enterprise Act, may Cap. 630.

request that the Director provide them with a copy of the

certificate issued in respect of any person providing any self-

employed services referred to in sub-article (2) to a registered

voluntary organisation, or to a registered social enterprise

organisation respectively, where such person providing self-

employed services, in the opinion of said Commissioner or

Regulator, would be subject to the requirements of sub-article

(2).

(1) The Registrar shall maintain a Register within which Register of

Protection of

there shall be recorded

Adults in

Situations of

Vulnerability

(a) the name of any person convicted by a court in Malta

Register.

of an offence against

(i)

this Act;

(ii)

Title I of Part II of Book First of the Criminal Cap. 9.

Code;

(iii) articles 82A to 82E of Title II of Part II of Book

First of the Criminal Code;

(iv) Title V of Part II of Book First of the Criminal Cap. 9.

Code;

(v)

Title VI of Part II of Book First of the Criminal Cap. 9.

Code;

(vi) article 197 of Sub-title I of Title VII of Part II

of Book First of the Criminal Code;

(vii) Sub-titles II and III of Title VII of Part II of

Book First of the Criminal Code;

(viii) Sub-titles I to VI of Title VIII of Part II of

Book First of the Criminal Code;

(ix) articles 244 and 244A of Sub-title VII of Title

VIII of Part II of Book First of the Criminal Code;

(x) Sub-titles VIII to XI of Title VIII of Part II of

Book First of the Criminal Code;

(xi) Title IX of Part II of Book First of the Criminal Cap. 9.

Code;

(xii) the Sex Trafficking (Suppression) Ordinance;

(xiii) the Affirmation of Sexual Orientation, Gender

Identity and Gender Expression Act;

(xiv) the Gender-Based Violence and Domestic

Violence Act;

(xv) the Minor Protection (Alternative Care) Act;

and

(b)

the details listed in sub-articles (3) and (4).

(2) The Registrar shall also enter into the Register the names and

any other relevant details obtained of any person who is a citizen of

Malta, or who is resident in Malta at the time, whether or not said

person is a citizen of Malta, in respect of whom details of a

comparable conviction would have been transmitted by judicial

authorities in a foreign jurisdiction shall have been transmitted to the

Registrar, provided this is permitted by law, and the Registrar shall

also add all supporting documentation received from said authorities to

the Register.

(3) In respect of any person resident of Malta convicted of an

offence referred to in the preceding sub-articles, the Registrar shall,

within a period of three (3) days from the conviction, enter the

following information on the said person in the Register

(a)

his date of birth;

(b) his legally valid identification document number or

passport number;

(c) his name on the date of the conviction and, where he

used one or more other names on that date, each of those names;

(d) the address of his place of residence on the date of

the conviction;

(e) the address of any other premises in Malta where

during relevant court proceedings he indicated as regularly

residing or staying at.

(4) The Registrar shall continue monitoring any person referred

to in the preceding sub-article and shall also update the Register within

a period of three (3) days in cases where such person

(a) is using a name other than a name entered into the

Register; or

(b)

has changed his home address; or

(c) has been released from custody following a court

order or from imprisonment or detention in a hospital.

(5) Any person listed in the Register shall from the date on which

his details were entered into the said Register onwards, be under a

perpetual interdiction from being engaged in any employment,

volunteering or self-employment referred to in article 38.

(6) On entering the details into the Register of any individual

previously issued with a clearance certificate by the Director in

accordance with article 38(3), the Registrar shall forthwith also notify

the Director and provide that information which is strictly necessary,

in order that the Director be able to cancel said certificate, and inform

the holder and the relevant individual or body corporate engaging that

individual as employee or volunteer. Such individual or body

corporate shall consequently be obliged to terminate the employment

or voluntary engagement of said individual with immediate effect,

without that individual being entitled to any compensation, where

relevant, other than any remuneration that may be due to him for

services rendered until termination

Provided that when a certificate is cancelled in respect of an

employee or volunteer engaged with a registered voluntary

organisation or with a registered social enterprise organisation, the

Registrar shall also notify the Commissioner for Voluntary

Organisations or the Regulator of Social Enterprise Organisations of

such cancellation. The Registrar shall also provide that information

which is strictly necessary in the case of any subsequent investigation

that might be carried out by the said Commissioner in accordance with

article 34 of the Voluntary Organisations Act, or by the said Regulator

in accordance with article 33 of the Social Enterprise Act, that would

respectively involve a voluntary organisation or a social enterprise Cap. 630.

organisation that previously engaged the person in respect of whom

said cancellation had been effected, or of any person who previously

provided any self-employed services to a voluntary organisation or a

social enterprise respectively, and in respect of whom a certificate

would have been likewise cancelled

Provided further that failure by any such individual, or by any

person within such a body corporate acting as employer or responsible

for engaging volunteers, to proceed with such termination, shall

constitute an offence, and such individual or person shall on

conviction be liable to imprisonment for a term from three (3) months

to four (4) years or to a fine (multa) of not less than two thousand five

hundred euro (€2,500) and not more than fifty thousand euro (€50,000)

or to both such fine and imprisonment

Provided further that the Director may, at any point, verify

with the public employment services constituted further to applicable

legislation, as to whether said termination would have been requested

and effected.

(7) On entering the details into the Register of any person

previously issued with a clearance certificate by the Director in

accordance with article 38(3), and engaged at that time in any self-

employment referred to in article 38(2), the Registrar shall forthwith

also notify the Director and provide that information which is strictly

necessary, in order that the Director be able to inform the holder, who

would be consequently obliged to terminate his registration as a self-

employed person, specifically in respect of any self-employment

referred to in article 38(2), with immediate effect

Provided that failure by any such individual to undertake

relevant steps in order that such termination be effected, shall

constitute an offence and such person shall, on conviction, be liable to

imprisonment for a term from three (3) months to four (4) years or to a

fine (multa) of not less than two thousand five hundred euro (€2,500)

and not more than fifty thousand euro (€50,000) or to both such fine

and imprisonment

Provided further that the Director may, at any time, verify with

the public employment services constituted further to applicable

legislation, as to whether said termination would have been requested

and effected.

PART XI

POWERS OF THE MINISTER

The Minister may make regulations to give better effect to the

provisions of this Act, and for the enforcement thereof and, without

prejudice to the generality of the foregoing, may, by such regulations,

provide

(a) for any matter consequential, incidental to or

connected with any of the above-mentioned provisions;

(b) together with the Minister responsible for justice, for

the fees payable in the registry of the courts relative to the filing of

judicial acts in connection with appeals to the Court of Appeal in

accordance with article 25(4);

(c) for the fee to be paid in respect of the issuance of a

clearance certificate in terms of article 38(3); and

(d) for the establishment of technical specifications with

which physical and digital versions of the clearance certificate

issued in terms of article 38(3), and any copies thereof, shall

comply.

PART XII

AMENDMENTS TO THE CONVENTION ON THE

INTERNATIONAL PROTECTION OF ADULTS

(RATIFICATION) ACT

In the Convention on the International Protection of Adults Amendments to

the Convention

(Ratification) Act

on the

International

Protection of

(a) sub-articles (2) and (3) of article 5 thereof shall be

Adults

substituted by the following new sub-articles

(Ratification)

Act.

"(2) Whenever the Director, of his own initiative or

acting upon a request received from another competent

authority, alleges that an adult is in need of protection

within the meaning of Article 8 of the Convention, he

may, without prejudice to any other action with respect

to the same matter that is lawfully available, exercise

his functions and powers in accordance with the

Protection of Adults in Situations of Vulnerability Act,

in respect of the issuance of measures directed to the

protection of the adult’s person or property

Provided that the exercise of such functions

and powers in accordance with the Protection of Adults

in Situations of Vulnerability Act shall include the

filing of any application before the Court of Magistrates

or the Personal Autonomy Safeguards Board in terms of

the said Act.

(3) The Director shall, in the exceptional situations

stipulated in Article 11 of the Convention, issue or

request the issuance of measures of a temporary nature

for the protection of the person of an adult referred to in

Article 11 of the Convention, in terms of the Protection

of Adults in Situations of Vulnerability Act.";

(b) sub-article (2) of article 6 thereof shall be amended

as follows

(i) the words "made by a court in Malta" shall be

substituted by the words "made by a court or competent

authority in Malta";

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

following new paragraph

"(a) the Court of Appeal may, on the application of

any person appearing to have an interest in the matter,

including the person to whom the decision relates, or of

the Director, declare on any of the grounds specified in

Article 22(2) of the Convention, as further construed in

accordance with the Protection of Adults in Situations

of Vulnerability Act, that the decision is not, in whole

or in part, to be recognized in Malta

Provided that when such an application is filed,

it shall also be notified to the Director and to the person

to whom the decision relates, where the application has

not been made by such Director or person, with these

having the right to submit a reply within fifteen (15)

days of service of the application; and";

(iii) in paragraph (b) thereof the words "competent

court in terms of article 7." shall be substituted by the

words "competent court in terms of article 7:" and

immediately thereafter there shall be added the following

new proviso

"Provided that in the event of participation in

proceedings in accordance with this article by a

person who, under any provision of law, is incapable

of suing or being sued, such participation may

nevertheless occur by such person notwithstanding

such incapacity, and the person shall also be provided

with the relevant measures available to ensure

accessibility and reasonable accommodation.";

(c) article 7 thereof shall be substituted by the following

new article

7. (1) An interested person, including the

person to whom the decision relates, or the Director

may file an application for the registration of the

decision containing the measures in the registry of the

Court of Appeal

Provided that in the event of participation in

proceedings in accordance with this article by a person

who, under any provision of law, is incapable of suing

or being sued, such participation may nevertheless

occur by that person notwithstanding that incapacity,

and the person shall also be provided with the relevant

measures available to ensure accessibility and

reasonable accommodation.

(2) When such an application is filed, it shall also

be notified to the Director and to the person to whom

the decision relates, where the application has not been

made by such Director or person, with these having the

right to submit a reply within fifteen (15) days of

service of the application.

(3) The Court of Appeal shall refuse to register a

decision, in whole or in part, if it is of the opinion that

on any of the grounds specified in Article 22(2) of the

Convention, as further construed in accordance with the

Protection of Adults in Situations of Vulnerability Act,

the decision should not be recognized in Malta.";

(d) article 8 thereof shall be substituted by the following new

8. (1) Where a decision relating to measures

has been registered according to article 7, the Director

shall have the same powers for the purpose of enforcing

the decision, including in respect of making any

relevant request to a competent court or other

competent authority in Malta, as if it had been made or

requested by him in accordance with the Protection of

Adults in Situations of Vulnerability Act.

(2) Proceedings for or with respect to the

enforcement of any such decision may be taken

accordingly in terms of the Protection of Adults in

Situations of Vulnerability Act, or through any other

action with respect to such that is lawfully available.";

(e) in sub-article (2) of article 9 thereof the word "Part" shall be

substituted by the word "Act".

Passed by the House of Representatives at Sitting No. 456 of the

21st April, 2026.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€3.69