CODE OF POLICE LAWS

CODE OF POLICE LAWS

CHAPTER 10

CODE OF POLICE LAWS

To Amend and Consolidate the Police Laws *

10th June, 1854

Order-in-Council of the 30th of January, 1854, as amended by Ordinance: I of 1856, V of

1858, X of 1859, X of 1867, III of 1868, III of 1872, VIII of 1874, IV of 1875, IV of 1876, II

and VII of 1880, VI of 1881, XIV of 1885, V and VI of 1886, XVIII of 1888, VII of 1889, II of

1890, XVII of 1893, II and VIII of 1897, I and XIII of 1898, I and IX of 1899, III, IV, IX, XI and

XIII of 1900, III, XII and XV of 1904, VIII of 1908, XI of 1910; Government Notices: No. 64 of

1910, No. 347 of 1911; Ordinances: II of 1911, IV of 1912, XIII of 1913, II of 1915, XIII of

1918, XV of 1919, I and XV of 1920, XIII of 1921; Government Notices: Nos. 75 and 205 of

1921, Nos. 161 and 257 of 1922; Acts: XIX of 1926, XIII of 1929; Ordinances: VIII of 1930, I,

VII and XVI of 1931, VIII and XIV of 1932; Acts: VII of 1932, VI of 1933; Ordinance: XI of

1933; Act: XXXIV of 1933; Government Notices: Nos. 287 and 291 of 1933; Ordinances

XXIII and XXV of 1934, XXV, XXVII and XXIX of 1935; Government Notice No. 247 of 1935;

Ordinances: XI of 1936, VI, XIII, XVI, XX, XXVI and XXXVII of 1937, XII, XVII, XX and

XXXIII of 1938, XXI of 1939; Government Notice: No. 218 of 1939; Ordinance: XXXV of

1940; Government Notices: No. 445 of 1941, Nos. 329 and 646 of 1942; Ordinance: VII of

1942. Incorporating also Ordinance XIII of 1888 as amended by Ordinances: VII of 1939,

XXXIV of 1940 and III of 1941.

The Code was subsequently amended by Ordinances: XVIII of 1943, XX of 1944, VII of

1945, VIII, XVI, XX, XXXIII and XXXIX of 1946, I, XXX and XXXVI of 1947; Proc. IX of

17.10.1947; Acts: XXXVI, XL and XLIX of 1948, VI and XL of 1949, IV and X of 1950, XXII of

1952, X of 1956, II, X and XX of 1957, II of 1958; Emergency Ordinances: XIV of 1958, I and

VII of 1959; Ordinances: V of 1960, III, XIII, XV and XXV of 1962; Legal Notices: 2 and 4 of

1963; Acts: IV and XVII of 1963, III of 1965; Legal Notice: 46 of 1965; Acts: XLII of 1965, XI

and XVI of 1966, I, XII and XXXI of 1967, II of 1968, XIV, XXII and XXV of 1969, IV, IX and

XVI of 1971, III and XXX of 1972, XI and XXIII of 1973, II, XXX, XXXIII, XLII and L of 1974,

XL, LIV and LV of 1975; Legal Notice: 148 of 1975; Acts: XIII, XXII and XLII of 1976, XI and

XIII of 1977; Legal Notices: 105 and 139 of 1977; Acts: XXIII of 1978, XVII of 1980, XIV and

XLIX of 1981, VIII and IX of 1982, XIII of 1983, XV of 1985, XIV and XLII of 1986, X of 1988,

VIII of 1990; Legal Notice: 161 of 1990; Acts: V and XVII of 1991, I of 1992, XXVIII of 1994,

VI, XXIV of 1995, XIX of 1996, XXIII of 2000, II, XXIV, XXV and XXVII of 2001, and III and

XXXI of 2002; Legal Notice 181 of 2006; Act III of 2006; Legal Notice 407 of 2007; Acts II and

XV of 2009, and VII of 2010; Legal Notice 376 of 2012; and Acts XVIII of 2012, II of 2016 and

X of 2019, IV and XVII of 2019 and XVI of 2023; Legal Notice 99 of 2026.

*This Code under the Title of "Laws and Regulations of Police for the Island of Malta and its Dependencies"

was enacted by Order-in-Council of the 30th January, 1854, promulgated in Malta by Proclamation I of the

10th of March, 1854. The Title was subsequently, by Ordinance No. III of 1872, altered into "The Police

Laws for the Island of Malta and its Dependencies".

CODE OF POLICE LAWS

The title of this Code is Code of Police Laws.

In this Code, the following expressions shall have the

meanings hereby assigned to them respectively, unless there is

s om e thi ng in t he su bj e c t or c on te x t i nc o nsist e nt wi th s uc h

construction or unless it is therein otherwise expressly provided -

the expression "architect" means any person authorized to

practise the profession of architect and civil engineer under the

provisions of the Architects Ordinance;

the expression "cattle-pen" means any place in which there are

more than two animals of the bovine species;

the expression "cellar" means any part of a house the floor of

which is more than one metre below the level of the nearest street;

the expression "cemetery" means any cemetery, tomb or other

site destined for the burial of dead bodies, wherever situate;

the expression "common tenement-house" means any house

where more than two families reside and there is not in the room or

apartment occupied by each family a separate privy and a separate

water supply;

the expression "court-yard" includes any court-yard, garden or

other uncovered space;

the expression "General Services Board" means the Board

constituted under article 41 of the Department of Health

(Constitution) Ordinance;

the expression "harbour" means any harbour, port, bay, cove,

creek or seashore;

the expression "house" means any house properly so called, and

includes any mezzanine, room, store or other building made chiefly

of stone or other material used in building construction;

the expression "inhabited area" means any area in which there is

an aggregation of houses inhabited or capable of being inhabited by

more than one hundred persons;

the expression "Authority for Transport in Malta" means the

Authority for Transport in Malta established under the Authority

for Transport in Malta Act;

the expression "mason" means any person who constructs wholly

or in part, any stone or brick building not built without mortar, even

though the work done or commenced by such person consists

merely in the erection of a wall intended to form part of a building,

or in the formation of a cistern, privy, sink or cesspool or of a

conduit for the passage of filthy water or sewage matter;

the expression "owner", used with reference to immovable

property, includes any person representing the owner in the

administration of the property concerned, or acting on behalf of the

o w n e r o r a s s u m i n g t h e c h a r a c t e r o f o w n e r, a c c o r d i n g t o

circumstances;

the expression "person" includes an association or body of

persons;

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the expression "pigsty" means any place in which there are more

than two pigs;

the expression "place of the privy" means the closet or other

enclosed place in which the privy is situate;

the expression "privy" includes any latrine, or other fixed

receptacle intended for the immediate use of man for his natural

wants, and any aperture communicating with a sewer, cesspool, pit,

or other place for the deposit of filth or sewage matter, intended for

the use and wants as aforesaid, even though such receptacle or

aperture be also intended for other purposes;

the expression "sanitary authority" includes the General Services

Board, the Superintendent of Public Health, a Medical Officer of

Health, a Sanitary Engineer, a Health Inspector, and any other

person appointed by the Minister responsible for public health to

ensure the observance of this Code so far as it relates to public

health;

the expression "sheep-pen" means any place in which there are

more than four sheep or goats;

the expression "street" means any street and includes any road,

alley, square, fortification or other place of public passage;

the expression "vehicle" has the same meaning assigned to it by

article 2 of the Authority for Transport in Malta Act;

the expression "vessel" means any ship or boat or any other

description of vessel used in navigation.

PART I *

T OWN AND C OUNTRY P LANNING S CHEMES

*Articles 3 to 19, both inclusive, were repealed by Act No. I of 1992.

CODE OF POLICE LAWS

PART II

O F S TREETS

(Repealed by XV.2009.52.)

Width of new

streets.

Amended by

II.1880.1;

VII.1889.1;

XVII.1893.1,2;

I.1920.2;

XIII.1921.2;

VI.1937.3;

XLIX.1948.5;

IV.1950.2;

XIV.1958;

VII.1959.2;

XV.1962.14;

XXV.1962;

L.N. 2 of 1963;

III.1965.3;

LVIII.1974.68;

XIV.1981.2;

XXIII.2000.30;

XV.2009.49.

(Repealed by XV.2009.52.)

Power in

connection with

painting of names

of streets, etc.

Amended by

II.1880.1;

XIII.1921.2;

VI.1937.3;

XXIII.2000.30;

XV.2009.49.

Naming of streets.

Amended by

II.1880.1;

XIII.1921.2;

VI.1937.3;

L.N. 4 of 1963;

VIII.1982.2;

XXIII.2000.30;

XV.2009.49.

(Mħassar bl-Att XV.2009.52.)

Tismija ta’ toroq.

Emendat

II.1880.1;

XIII.192I.2;

VI.1937.3;

A.L. 4 tal-1963;

VIII.1982.2.

XXIII.2000.30;

XV.2009.49.

(Repealed by XV.2009.52.)

XV.2009Destructio

n, obliteration or

defacement of

name of street,

suburb or village.

Amended by

II.1880.2;

XIII.1921.3.

(Repealed by XV.2009.52.)

Closing of streets

during repairs.

Amended by

XXIII.2000.30;

XV.2009.49.

(Repealed by XV.2009.52.)

Works causing

obstruction or

danger in streets.

Amended by

XXVII.2001.33.

(Repealed by XV.2009.52.)

Tanks, etc., on or

part of walls.

Added by

XV.1985.2.

CODE OF POLICE LAWS

(Repealed by XV.2009.52.)

Projections on

street.

Amended by

XXIII.2000.30;

XV.2009.49.

(Repealed by XV.2009.52.)

Notice to Authority

for Transport in

Malta before

commencing

buildings or

making

excavations.

Amended by

XVII.1893.12;

VI.1937.4;

XXIII.2000.30;

XV.2009.49.

Court may prohibit

erection of

buildings

encroaching upon

public way.

(Repealed by XV.2009.52.)

Power of Authority

for Transport in

Malta to order

demolished

buildings to be

reconstructed on

line of street.

Amended by

L.N. 4 of 1963;

XXIII.2000.30

XV.2009.49.

(Repealed by XV.2009.52.)

Permit from

Authority for

Transport in Malta

for breaking up

footway or surface

of street.

Amended by

VI.1937.5;

XXIII.2000.30;

XXVII.2001.33;

L.N. 407 of 2007;

XV.2009.49.

(Repealed by XV.2009.52.)

Precautions during

construction or

repair of streets,

etc.

(Repealed by XV.2009.52.)

Propping up of

houses during

repairs.

(Repealed by XV.2009.52.)

Fences to be set up

during repairs.

(Repealed by XV.2009.52.)

Light at night-time

to be placed on or

near materials in

street.

(Repealed by XV.2009.52.)

Prohibition to

leave materials or

other obstruction in

street longer than

necessary.

35. (Repealed by XV.2009.52.)

36. (Repealed by XV.2009.52.)

37. (Repealed by XV.2009.52.)

(Mħassar bl-Att XV.2009.52.)

Ftuħ f’wiċċ l-art

jew f’bankina li

jagħtu għall-

kantini, eċċ.,

għandu jitgħatta.

(Mħassar bl-Att XV.2009.52.)

Bini mill-ġdid ta’

ħajt imwaqqa’ fuq

triq.

Emendat

XVII.1893.3;

XXIII.2000.30;

XV.2009.49.

(Mħassar bl-Att XV.2009.52.)

(Repealed by XXV.2001.50.)

(Repealed by XXVII.2001.33.)

(Repealed by XXV.2001.50.)

(1) No person shall sound or play on any musical or noisy

instru ment or sing , o r f or t he purpose of hawking , selli ng,

distributing or advertising any article, shout in any street, shop or

other public place, after being required to desist by any occupant or

inmate of any premises in the neighbourhood on account of the

illness of any person in such premises or for other reasonable

cause, or after being so required by the Police.

(2)

No person shall -

(a) in any street, shop or other public place; or

(b) upon any other premises,

CODE OF POLICE LAWS

by operating or causing or suffering to be operated any wireless

loud speaker, gramophone, amplifier or similar instrument, make or

cause or suffer to be made any noise which shall be so loud as to

cause a nuisance to occupants or inmates of any premises in the

neighbourhood.

PART III

O F THE L AW C OURTS

For the purpose of this Part of this Code the expression

"tout" means any person who, not being a duly qualified advocate

or legal procurator or notary public in accordance with the laws of

Malta, undertakes in return for any fee, reward or remuneration,

whether in cash or in kind or for any other consideration, to do any

of the following acts

(a) to draft or prepare, otherwise than on direct

instructions and on the responsibility of an advocate or

legal procurator or notary public any affidavit,

testament, deed of sale, deed of emphyteusis or lease,

transfer, compromise, promise of sale, or any other

contract or document under private signature or any

sworn application or libel or statement of pleas or

petition or reply or application or any other judicial or

extra judicial document;

(b) to give legal advice whether oral or in writing to any

person;

(c) to find clients for any advocate or any legal procurator

or any notary public.

It shall be an offence for any person -

(a) to act as a tout on behalf of any advocate or legal

procurator or notary public or on his own account; or

(b) to induce or to endeavour to induce any client or

prospective client of any advocate or of any legal

procurator or of any notary public to cease to be the

client of such advocate or legal procurator or notary

public in order to become the client of the advocate or

legal procurator or notary public, whom such person

serves as secretary, clerk, or in any other capacity; or

(c) maliciously to decry the professional ability of an

advocate or of a legal procurator or of a notary public

for the purpose of diverting professional work to

another advocate or to another legal procurator or to

another notary public.

(1) The Registrar of Courts, the registrar of the Court of

Magistrates (Malta) or the registrar of the Court of Magistrates

(Gozo) shall, each in respect of the court to which he is attached,

frame and publish in the Gazette lists of persons proved to their

respective satisfaction to have acted or attempted to act as touts or

unauthorised advisers to suitors or prospective suitors subsequently

to the enactment of this provision and may, from time to time, alter

and amend such lists.

(2) No person’s name shall be included in any such list until he

has had an opportunity over a period of not less than four working

days of showing cause against such inclusion. The registrar’s final

decision to include a name in any such list shall be conveyed to the

person concerned by registered letter, which shall be deemed to

have been received by the addressee on proof that it was delivered

at the addressee’s last known place of residence.

(3) An appeal shall lie against the Registrar’s decision to include a

person’s name in any such list, by application made within twenty

days after the receipt of the Registrar’s final decision. The appeal

shall lie to the Court of Magistrates in its superior jurisdiction.

(4) A copy of every such list shall be kept prominently

displayed near the main entrance door of the court house to which it

relates and another copy shall be kept prominently displayed in

every court room of the court to which it relates.

(1) Any of the judges or any magistrate may, by general or

special order, exclude from any part of the law court and from the

precincts of any court house any person whose name is included in

any such list, except when such person is a party to or witness in

proceedings in such court, when he shall be allowed to remain only

for such time as is necessary to transact his business therein.

(2) It shall be the duty of the marshal of the court and of every

member of the Police force to enforce every order made by any of

the judges or by any magistrate in accordance with sub-article (1)

and for that purpose shall be entitled if necessary to remove from

any part of any law court and from its precincts any person who is

present therein in contravention of any such order as aforesaid.

(1) No advocate, legal procurator or notary public shall

employ as a clerk or as a secretary or in any other capacity

whatsoever any person whose name at the time of initial

employment or within one year previously appears or appeared on

any list issued under article 44; and no advocate, legal procurator

or notary public shall retain in any employment whatsoever for

more than eighteen consecutive days from the date of publication in

the Gazette of the list concerned any employee whose name,

subsequently to his initial employment, appears on any list issued

under article 44.

CODE OF POLICE LAWS

(2) Any advocate or legal procurator or notary public who fails

to comply with any of the provisions contained in sub-article (1)

shall be punishable with a fine (multa) not exceeding fifty-eight euro

and twenty-three cents (58.23) in respect of each default and

concurrently, where applicable, by a fine in terms of article 377(3)

of the Criminal Code.

(1) Any person who -

(a) offends against the provisions contained in article 43;

or

(b) contravenes any exclusion order made against him

under sub-article (1) of article 45; or

(c) resists any marshal of the court or any member of the

Police force when such marshal or member of the

Police force, in pursuance of the authority conferred

by sub-article (2) of article 45, is engaged in removing

him from any part of any law court or from its

precincts,

shall be liable to a fine (multa) of not more than fifty-eight euro and

twenty-three cents (58.23) or to imprisonment for not longer than

three months or to both such fine and such imprisonment without

prejudice to any heavier penalty that may be applicable under any

other provision of law.

(2) Any offence against any provision contained in this Part

shall, irrespectively of the punishment applicable thereto, be within

the jurisdiction of the Courts of Magistrates sitting as a court of

criminal judicature.

PART IV

O F V EHICLES

Articles 48 to 94 deleted by XXIII.2000.30).

PART V

O F I NHABITED A REAS, H OUSES AND OTHER T ENEMENTS

95. Repealed by Act XVI.2023.3.

96. Repealed by Act XVI.2023.3.

97. (1) In the construction of any house or part of a house, the

owner as well as the mason and the architect employed thereon,

shall, unless otherwise provided by any regulations made under

article 102, observe the rules contained in the following

paragraphs

(a)

(i)

in every wall, or where the wall has the cavity

prescribed in paragraph (b), in the internal and in

the external face of such wall, there shall be a

layer of asphalt, sheets of lead, vitrified bricks, or

any other substance impervious to dampness,

approved by the General Services Board or

prescribed in the said regulations;

(ii)

the upper surface of such layer shall be at least ten

centimetres above the level of the street, if the

wall be adjacent to a street, or of the courtyard, if

it be adjacent to a courtyard or at the level of the

floor under the pavement, if any, of the room on

the ground-floor, in the case of an internal wall;

(iii)

any wall between two rooms, on the ground floor,

the floors of which are not on the same level,

shall, moreover, have a layer of any of the said

substances, at the level of the floor of the lower

room; and such wall shall, from the said layer to

the upper surface of the floor of the room situate at

the higher level or of the floor of the ventilated

underground place, if any, under such room, on the

side of it towards the one or the other room, as the

sanitary authority shall, according to circum-

stances, direct, be covered with asphalt or other

substance approved by the General Services Board

or prescribed in the said regulations;

(b)

(i)

every wall of any room, exposed to the rain, shall

be of such thickness as the Minister responsible

for public works may from time to time establish

by order under this paragraph and, towards the

middle of its thickness, there shall be left

throughout its extent from the level of the room at

ground floor or, if there is a cellar, from the floor

of such cellar, up to the last course of the said wall

a cavity of eight centimetres crossed only for

solidity of the wall, and closed on the last course

with a layer of asphalt, sheets of lead, vitrified

bricks or any other substance impervious to

dampness approved by the General Services

Board, or with stone covered with such substance;

(ii)

in the external face of such wall, there shall be

such holes as the sanitary authority shall deem

necessary for the passage of air into the said

cavity;

(iii)

as regards one of the faces of the said wall, the

bonds, if they are not of iron, or other substance

impervious to dampness approved by the General

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Services Board, shall be introduced into grooves

in the stones of such face; and the surface of the

grooves, or of such parts of the bonds as are

introduced into them, shall be covered with

asphalt or other impervious substance approved by

the General Services Board;

(iv)

the said cavity, however, shall not be necessary,

where, towards the middle of the thickness of the

wall, there is introduced or applied throughout the

extent of such wall, hydraulic cement-concrete or

other impervious substance approved by the

General Services Board, save, as regards the

bonds, the observance of the last preceding

provision; and, in any such case, the thickness of

the wall may be reduced to sixty centimetres;

(v)

stone used in the building of any wall shall not

exceed those dimensions as the said Minister may

from time to time establish by order under this

paragraph;

(vi)

the said Minister may grant exemption from

compliance with or permit departures from any

provision of any order made by him under this

paragraph, either with respect to any building or to

any class or group of buildings, under such

conditions as he may deem fit to impose;

(c) (i)

the surface of the floor of any room on the ground-

floor, not including the pavement, shall be at least

fifteen centimetres higher than the level of the

courtyard and of the level of the nearest street;

(ii)

in any inclined street, such height shall be

measured from the central line of the frontage, and

if any portion thereof be below the prescribed

height, such portion shall be separated from the

street, as provided in article 108(2)(d);

(iii)

the floor itself, if it has no ventilated underground

place of a height of at least sixty centimetres, shall

be formed or covered with a layer of asphalt,

hydraulic cement-concrete, or other substance

impervious to dampness approved by the General

Services Board, the upper surface of which shall

be in continuation of the impervious layer of the

walls of the room; and if the room has any such

underground place, there shall be, in the arches or

pillars supporting the pavement of the room,

immediately under such pavement, a layer of

asphalt, sheets of lead, vitrified bricks, or other

substance impervious to dampness approved by

the General Services Board;

(d)

Repealed by Legal Notice 99 of 2026;

(e)

Repealed by Legal Notice 99 of 2026;

(f)

(i)

(Repealed by Legal Notice 376 of 2012);

(ii)

the roof of any house shall be paved with such

materials and drained in such a manner as to

prevent the stagnation of water on such roof or the

percolation of water into any part of the house;

(g)

(i)

every house shall be provided with a privy and

such privy shall be communicated with the public

sewer

Provided that the Superintendent of Public Health

may exempt any owner from communicating the

privy with the public sewer under the condition

that the owner provides, in respect of that house,

(a) a cesspool, or

(b) a septic tank, or

(c) a sewage treatment and disposal plant,

at the option of, and under such conditions as may

be imposed by, the said Superintendent;

(ii)

where the privy is at a lower level than the public

sewer, the owner of the house shall provide means

of pumping or lifting the material towards the

public sewer;

(iii)

the privy, cesspool, septic tank or sewage

treatment and disposal plant, as well as their

conduit, shall be constructed in such manner, with

such materials, in such parts of the house or so

distant from the house, and with such traps or

other means to prevent any exhalations or

infiltrations as the superintendent may, in any

case, direct;

(iv)

in the case of a shop, this paragraph shall not

apply if the Superintendent of Public Health is

satisfied that it is impracticable to provide it with

a privy.

For the purposes of this paragraph, of sub-article (2) and of

article 102(2) -

"house" includes any premises used, or intended to be

used, either wholly or partially for habitation purposes, or

for purposes of animal husbandry, any hotel or catering

establishment as defined in the Malta Travel and Tourism

Services Act, and any shop other than a stall or a kiosk;

"owner" shall not include a person holding the house

under temporary emphyteusis for a period of not more than

seventeen years;

(h)

(i)

every sink, wash-basin, bath or other similar

appliance shall be of the proper pattern and

material and shall not communicate directly with

the drains but shall be provided with a waste pipe

made to discharge on a gully-trap situated in the

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open air and connected with regular drains;

(ii)

it shall be lawful for the Superintendent of Public

Health to allow the waste pipe of any sink,

washbasin, bath or other similar appliance to

discharge in any other manner which he may

consider suitable in any particular case;

(i)

the pipes or conduits for communication with the public

sewer, with a cesspool, with a septic tank or with a sewage

treatment and disposal plant shall be formed of glazed

stoneware or other impervious substance approved by the

General Services Board; such pipes or conduits shall be at

such a distance from the cistern as the sanitary authority

may deem necessary for the prevention of exhalations or

infiltrations; and they shall, as far as practicable, be laid in

such a manner as to allow of their being, without much

difficulty, opened by a mason;

(j)

the privies shall have ventilators made in such a manner as,

in the opinion of the sanitary authority, will prevent

exhalations;

(k)

every sink, wash-basin, bath or other similar appliance

mentioned in paragraph (h), shall also have ventilators as

provided in the last preceding paragraph, if the sanitary

authority shall deem such ventilators to be necessary for

preventing exhalations;

(l)

Repealed by Legal Notice 99 of 2026;

(m)

saving the provisions of paragraph (g), the cesspool of any

house or building shall be made or re-made, placed and

ventilated in accordance with the directions which shall, in

each case, be given by the Superintendent of Public Health,

or be generally established by regulations made under

article 102;

(n)

(i) Repealed by Legal Notice 99 of 2026;

(ii) Repealed by Legal Notice 99 of 2026;

(iii) Repealed by Legal Notice 99 of 2026;

(iv) Repealed by Legal Notice 99 of 2026;

(v)

it shall be lawful for the competent authority to

dispense with the formation of a yard as provided

in the foregoing rules, where the site on which the

building is to be erected, be of a width so small as

not to allow the formation of such yard, and where

each of the rooms and the stairs of the building be

directly lighted at least through a window opening

on the public street or any other open space;

(vi)

if, owing to the configuration of the site on which

the house is to be constructed, the yard cannot be

of the prescribed length or width, the

Superintendent of Public Health may permit a

smaller length or width, provided, in his opinion,

such smaller length or width, having regard to the

particular circumstances of the place, is sufficient

to secure such light and ventilation as are required

for the wholesome condition of the house;

(vii)

the yard or yards of any house shall be paved and

drained in the manner prescribed in the regulations

made under article 102;

(viii)

(Repealed by Legal Notice 376 of 2012);

(o)

(i)

thirty days at least before the commencement of

the building or re-building of any house, or part of

a house, or, in the case of the communication of a

privy with the public sewer, before such

communication is covered up, the architect or

mason, or the owner, shall give notice thereof to

the Superintendent of Public Health, together with

a drawing of the work proposed to be carried out;

(ii)

where, in the opinion of the Superintendent of

Public Health, the work proposed to be carried out

is such as to require technical direction in order to

prevent, during or after the execution of the work,

injury to property or danger to the men employed

on the work or to passers-by or other persons, it

shall be lawful for the said Superintendent of

Public Health to require a written declaration by

an architect assuming the direction and

responsibility of the work, saving in all cases any

civil or criminal liability of any other person,

according to law;

(iii)

the Superintendent of Public Health shall, upon

the demand of the architect, mason, or owner,

within thirty days, from the delivery of the

drawing, or forty days, if the matter has to be

considered by the General Services Board,

communicate to him the approval or disapproval

thereof by the sanitary authority;

(iv)

Repealed by Legal Notice 99 of 2026;

(v)

such approval shall be deemed to be null and void

if any information or specification contained in the

said notice or in the drawing accompanying it is

proved to be inaccurate or misleading;

(vi)

it shall be lawful for any official of the

Department of Health, in the course or after the

completion of the work, to inspect the place in

order to ascertain whether the work, both as

regards the materials used and the mode of its

execution, conforms to the provisions of the law or

regulations;

(p)

on the application of the architect in charge of the building

or re-building of a house for an exemption in respect of

such house from the provisions of paragraph (l) or of

paragraph (n)(i), the Superintendent of Public Health may -

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(i)

in any case not specified in paragraph (n)(v) and

(vi); and

(ii)

if the General Services Board consider that such

an exemption may be granted without detriment to

the wholesome condition of the house or of other

houses in its vicinity,

exempt such house from any or all of those provisions,

subject to such conditions as he thinks fit, and no appeal

shall lie from a decision of the Superintendent of Public

Health under this paragraph;

(q)

(i)

this paragraph applies to any house the height of

which, measured from the lowest damp proof

course to the highest point of the house, exceeds

twenty-four metres;

(ii)

before the commencement of the building or re-

building of any house to which this paragraph

applies, the architect in charge shall submit to the

Director of Public Works plans and specifications

together with such other particulars relating to the

building or re-building of the house as may be

required by the Director of Public Works, who

shall advise the Superintendent of Public Health in

writing whether he is satisfied that the house when

built or re-built, as the case may be, in accordance

with such plans, specifications and particulars will

be stable and safe;

(iii)

the advice of the Director of Public Works given

under the last preceding sub-paragraph shall not

affect the liability of the architect or of any other

person in respect of the stability or safety of the

house;

(iv)

the provisions of this paragraph shall be in

addition to, and not in derogation of, any of the

provisions of this Part applicable to houses, and in

particular but without prejudice to the generality

of the foregoing, the provisions of paragraph (o)

shall apply to any house to which this paragraph

applies as if the reference to the specification and

drawing contained in sub-paragraph (v) thereof

included a reference to the plans, specifications

and any particulars referred to in sub-paragraph

(ii), and as if the reference to any official of the

Department of Health contained in sub-paragraph

(vi) thereof included a reference to any official of

the Public Works Department

Provided that the times mentioned in

paragraph (o)(i) and (iii) shall not run in any case

to which this paragraph applies.

(2) When any house is to be connected with the public sewer in

accordance with the provisions of sub-article (1)(g), the Director of

Public Works may, if he deems it fit and practicable, lay the

connection between the public sewer and the intercepting chamber

relative to such house, and the owner of such house shall, within

thirty days of an intimation by the said Director, pay to the latter

such connection fee as the Minister responsible for public works

may establish by regulations made under this sub-article, and, in

default of payment within the said term of thirty days, interest shall

be due by the said owner at the rate of six per cent per annum as

from the date of intimation.

(3) Where, pursuant to regulations made under article 102(2),

the Director of Public Works or any other person has carried out

any works for or in connection with the provisions of sub-article

(1)(g) and such works are carried out for or in the interest of other

persons liable to carry out the same works in accordance with the

said paragraph (g), the said Director or other person who will have

carried out the above works shall have a privileged claim in his

favour on the property in respect of which the works will have been

carried out for the amount due to him in accordance with any

regulations made as aforesaid, provided such claim is registered in

the Public Registry within two months from the completion of the

works, and such privileged claim shall have priority over all other

claims, whether privileged or hypothecary, on such property,

notwithstanding any other provision of law to the contrary.

98. No person shall cut, or cause or allow to be cut, from any

quarry any franka stone of any dimension exceeding those, or any

of those which the Minister responsible for public works may from

time to time establish by order under this article

Provided that the said Minister may permit any person,

under such conditions as the said Minister may deem fit to impose,

to cut franka stone of different dimensions.

99. Repealed by Legal Notice 99 of 2026;

100. (1) The provisions contained in article 97(1)(f), (g), (h),

(i), (j), (k), (m) and (n)(vii) shall apply also to houses existing

before the first of January, eighteen hundred and eighty.

(2) The provisions of paragraph (e) of the said article, shall

likewise apply to such houses, whenever the rooms or the stairs

can, without being entirely demolished, be made to conform to

those provisions, and the cost, in the opinion of an architect

appointed by the Director of Public Works, does not exceed the rent

or the letting value of the tenement for one year; in any such case

the owner may carry out the necessary work over a period of four

years, provided the work can be so divided, and in each year he

performs as much of it as can be done with at least one-fourth of

the rent or letting value, commencing and prosecuting the work

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according to the directions of the said architect

Provided that the owner may demand that the work be

carried out by the Director of Public Works, upon paying to the

latter in advance a sum equal to the estimate made by the said

architect, without any obligation to pay any supplement, should

that sum prove insufficient, or any right to reimbursement, should

it exceed the expense actually incurred.

(3) It shall be lawful for the Superintendent of Public Health at

any time to order any of the provisions of sub-articles (1) and (2)

and of any regulations made under article 102 to apply, as far as

may be practicable, to any house or part of a house referred to

therein.

(4) The provisions contained in article 97, with the exception

of sub-article (1)(l) thereof, shall apply to such houses, so far as

regards any part thereof which may have to be reconstructed, unless

the observance of such provisions is dispensed with by the sanitary

authority.

101. (1) The owner of any house constructed after the first of

January eighteen hundred and eighty, shall constantly keep such

house in conformity with the plan originally approved by the

Superintendent of Public Health, without making any addition or

alteration thereto except with the written approval of the said

Superintendent.

(2) It shall be lawful for the Superintendent of Public Health at

any time to order any such house or part of such house to be made

to conform, as far as may be practicable, to any other provision of

this Code or of any regulation made under article 102.

102. (1) The Minister responsible for public health may, on the

advice of the General Services Board, make regulations respecting

the manner in which the provisions contained in articles 97 and 100

are to be carried out, and the materials to be used.

(2)

Saving the provision of sub-article (1), the Minister

responsible for public works may make regulations to provide -

(a) for facilities to be made in favour of owners of houses

to comply with the provisions of article 97(1)(g);

(b) for empowering the Director of Public Works to make

arrangements and enter into agreements with the said

owners in respect of such facilities, including the

contribution, if any, by the Government of part of the

expenditure involved in such compliance;

(c) for establishing the apportionment among the several

owners of the expenditure so involved;

(d) for empowering any owner of a house who, pursuant to

arrangements made with the Director of Public Works,

shall have laid a part of the public sewer, to claim from

the owner of any other house the privy of which is, or

is to be communicated with such sewer, such portion

of the expenditure incurred by the former owner as

shall be established as aforesaid;

(e) for any other consequential matter relating or

incidental to such compliance.

(3) If any question shall arise as to whether a work is in

conformity with any of the said provisions or regulations, such

question shall be settled by the General Services Board.

(4) In all cases an appeal shall lie to the General Services

Board from any order or decision of any other sanitary authority,

within one month from the date on which such order or decision

shall have been communicated to the party concerned. If the

General Services Board affirms the order or decision of that

authority, the appellant shall pay to the Superintendent of Public

Health, if extraordinary sittings shall have been held by the General

Services Board, a sum corresponding to the costs, that is, to the fee

due to the members of the Board for each sitting held in respect of

such appeal and to the transport expenses, where any one or more

of such members shall have inspected the place.

(5) It shall be lawful for the Superintendent of Public Health to

submit for the consideration of the General Services Board any

matter relating to buildings and habitations.

(6) From any decision of the General Services Board an appeal

shall lie to the Court of Appeal, within one month from the day on

which such decision shall have been notified to the party

concerned; such appeal shall be brought by an application in

contestation with the Superintendent of Public Health.

103. (1) The owner shall be held responsible for any

contravention of the provisions of articles 97 and 100 or of any

regulations made under the last preceding article unless an architect

or mason has been entrusted with the execution of the work, and the

contravention is not due to an act of the owner, in which case the

architect or mason, or both, as the case may be, shall be held

responsible.

(2) In the case of any contravention referred to in sub-article

(1), the provisions of article 321 shall apply against the offender

and it shall not be lawful for the owner to oppose the abatement of

the nuisance or the execution of any other order of the court

although he may not be a party to the proceedings.

(3) Any opposition on the part of the owner to the execution of

any work ordered by the court shall constitute a contravention and

shall be punishable as such according to this Code.

(4) Where any work ordered by a judgment of the court has not

been carried out on account of the death or absence from Malta of

the owner or other party responsible, or on account of such owner

or o ther p arty ceasing for an y cause w ha tsoeve r to own or

administer the property in which the work is to be carried out, the

person succeeding in the ownership or administration of such

property shall be bound to carry out such work as if he were the

person against whom the said judgment was given.

CODE OF POLICE LAWS

104. (1) The owner of any house from which the matter going

into the privy, sink, or other drains for slop water, is carried into the

public sewer or a cesspool through conduits formed or laid under

another house, is bound, where practicable in the opinion of the

sanitary authority, to free such other house from such easement by

making other conduits for the carrying of the said matter directly

into such sewer or cesspool, and where the houses belong to

different owners the total expense shall be apportioned between the

owners as the court shall, in each case, determine.

(2) The owner or occupier of the upper part of a house is bound

to permit the formation, from the lower part of the house up to the

roof of such house, of such ventilators as may be necessary

according to the provisions of article 97, and the owner or occupier

of the lower part is bound to permit the formation, in such part of

the house, of communication pipes or conduits from the upper part

to the public sewer.

(3) The owner or occupier of a house is also bound to permit

the ventilators of a neighbouring house to be fixed to the walls of

the former house, in order that such ventilators may be of such

height as the sanitary authority may deem necessary.

(4) In all cases, the conduits, pipes, or ventilators shall be

formed or fixed in such a manner as to cause the least possible

inconvenience to the occupier of the house, or part of the house, in

or to which they are formed or fixed, and the least possible

prejudice to such house or part thereof.

(5) Where the said conduits, pipes, or ventilators do not

diminish the value of the house or of the part of the house in or to

which they are formed or fixed, no indemnity shall be payable

except such as may be due in respect of any repairs which may be

necessary in consequence of the formation or fixing of such

conduits, pipes or ventilators

Provided that the mere creation of any easement under this

article shall not give rise to any claim for indemnity.

(6) The owner or occupier may in no case demand the

suspension of works above mentioned, on the ground of any

indemnity to which he may be entitled.

105. The owner or occupier of any house is bound to permit the

Director of Public Works to fix to any external wall of such house,

any such ventilator to the public sewer as the General Services

Board may deem necessary, or where, in view of the narrowness of

the street or for any other reason, the said Director deems it so

expedient, to form such ventilator, wholly or in part, within that

wall; in any such case, the provisions of the last preceding article

relating to indemnity shall apply.

106. It shall not be lawful for the owner to use or suffer to be

used as a dwelling any premises not provided with a regular privy

or which in the opinion of the Superintendent of Public Health are

so unhealthy as to be unfit for habitation

Provided that non-compliance by the owner with this article

shall not induce or be deemed to have at any time heretofore

induced, as against any tenant or occupier any nullity of the

agreement of tenancy or occupation or entitle the owner to evict the

tenant or occupier unless the Superintendent of Public Health

certifies that the premises cannot be provided with a privy or made

fit for habitation. Nor shall any such non-compliance affect the

owner’s obligations under article 97(1)(g) or any other provisions

of this Code.

107. Repealed by Legal Notice 99 of 2026.

108. Repealed by Legal Notice 99 of 2026.

109. Repealed by Legal Notice 99 of 2026.

110. Repealed by Legal Notice 99 of 2026.

111. (1) The owner of any common tenement-house shall paint

and keep legible, a number over the entrance door of each room or

apartment let, or intended to be let, separately; and every such

room or apartment shall be indicated in the licence by its number.

(2) It shall not be lawful to deface, cancel, or alter the number

of any of such doors.

112. Repealed by Legal Notice 99 of 2026.

113. Repealed by Legal Notice 99 of 2026.

114. (1) The owner or the tenant of a house and, or the

Administrator of a Condominium shall, within thirty calendar days of a

notice issued by the Electoral Office, mark in a visible place each

external door, either with the number provided to them or in any other

form of their own choice, the next consecutive number to such door, and

CODE OF POLICE LAWS

in the case where doors are added between doors which have already

been given a number, there shall be added to every repeated number, a

letter of the alphabet, in alphabetical order, starting from the first letter.

The numbers previously assigned shall be removed under such terms

and conditions as may be prescribed by the Electoral Office in such

notice.

(2)

It shall be unlawful to deface or destroy the number or

letter of any door.

(3)

In the case where the owner or the tenant of a house and,

or the Administrator of a Condominium fail to comply with the

provisions of sub-article (1), the Electoral Office shall have the right to

affix the assigned numbers in the presence of a Police officer.

(4)

Any owner or tenant of a house and, or the Administrator

of a Condominium who fails to comply with the provisions of sub-

articles (1) and (2), shall be in breach of the law and liable, when found

guilty, to a fine of twenty-five euro (€25).

(5)

In the case it is decided that numbers are allocated to

properties on a private road, such road shall remain a private road.

115. Where, owing to the construction of new houses, or the

opening of new doors, or for any other reason, the Minister

responsible for the Electoral Office shall order that the numbers of

the doors of houses in any street be altered, or that a new name be

given to any street or a portion thereof, every such order shall be

published in the Gazette either by a Government Notice, or by a

notice issued by the Electoral Office; and in either case, where the

numbers are altered, such notice shall state the previous numbers of

the doors of the houses, as well as the numbers substituted therefor.

116. The provisions of article 114 shall not apply to any church

or other building constructed and perpetually destined for divine

worship.

117. (1) The owner of any building shall keep in a good state

of repair, the cistern, privy, sink or drain for slop water, cesspool, if

a n y, a s w e l l a s t h e r e s p e c t i v e p i p e s o r o t h e r m e a n s o f

communication and the ventilators prescribed by this Code.

(2) He shall also take all necessary steps to prevent any flow or

infiltration from any privy, sink, or drain for slop water or cesspool,

or from the respective pipes or conduits, and to prevent any

nuisance in his own or in any other tenement.

(3) Nevertheless, the expense of removing any stoppage in the

disconnecting syphon trap or in the pipes connecting the privy with

the main, and of the cleansing of any pipe or drain consequent on

such stoppage, shall be incumbent on the occupier of the house,

unless it is shown that the stoppage existed before he occupied the

house, or that it was due to defective construction, or that the drains

are common to more than one tenement.

118. (1) The occupier of any building or other tenement shall

at all times keep in good condition, on any open cistern, well or pit,

a sufficiently solid fence or parapet not less than one metre high.

(2) The occupier of any such building or other tenement shall

in no case remove the fence or parapet, unless such removal is

necessary for drawing more easily water from such cistern, well or

pit, or for any other purpose, and, in any such case, he shall replace

the fence or parapet as soon as any such operation is completed or

interrupted.

119. The Minister responsible for agriculture may, on the advice

of the Board of Agriculture, make, amend or repeal regulations

relating to the preservation and cultivation of carob trees as well as

of any other kind of trees as the House of Representatives shall, by

resolution, direct.

120. (1) It shall not be lawful, without the consent of the

owner, or, if the house is occupied by any other person, without the

consent of such other person, to do anything which soils any

external part of the house, or its whitewashing, or to hang or affix

on or to any such part of the house any paper or other thing.

(2) It shall likewise be unlawful to hang or affix any paper or

other thing on or to any place with regard to which an express

prohibition to that effect has been made by the owner or occupier,

as the case may be.

121. (1) The occupier of any house or, where there is no

occupier, the owner, shall keep clean all the internal and external

parts of the house.

(2)

(i)

Subject to the provisions of this Code, no person

may throw or dump in any place any refuse or

rubbish or may keep or suffer to be kept in any

place any accumulation of refuse, of rubbish, or of

dirty, polluted or stagnant water, or of sewage,

dung or other foul matter

Provided that the provisions of this paragraph

shall not apply to any refuse thrown or dumped by

any scavenger or collector of refuse in the

employment of the Government, in the proper

exercise of his duties, in any place provided for

the purpose by the Superintendent of Public

Health or to any refuse kept in any such place.

CODE OF POLICE LAWS

(ii)

No person may dump or keep or suffer to be

dumped any other material in any open space

unless such space is surrounded by a wall at least

two point five metres high and is covered by a

licence, issued by the Commissioner of Police,

who, in granting such licence, may impose any

such conditions as he may deem fit

Provided that no such licence shall be granted

unless the dumping of such material forms part of

or is ancillary to the business of the applicant.

(3) It shall be lawful for the Superintendent of Public Health to

order any such accumulation as, in his opinion, is likely to cause a

nuisance or be injurious to health or become a breeding place or

harbourage for rats, insects or other vermin injurious to health, to

be immediately removed or destroyed or dealt with or treated in

such a manner as to abate the nuisance or prevent injury to health.

(4) If the occupier or owner, as the case may be, fails to comply

with any such order of the said Superintendent, he shall be guilty of

a contravention and the court shall make an order directing such

accumulation to be forthwith destroyed or dealt with or treated to

the satisfaction of the said Superintendent, without any right on the

part of the occupier or owner to compensation, and where the

contravention is in respect of an open space in an inhabited area,

the court may make an order requiring the offender to protect such

space by raising and keeping around it a wall or other suitable

fence not less than two point five metres high.

(5) Where the owner of such open space is unknown or absent

from Malta, the court may, on the application of the Police, make

an order empowering the Government to raise such wall or fence

notwithstanding that there has been no conviction against the

owner, and the expense thereby incurred shall be recoverable as a

civil debt.

(6) The Minister responsible for public health may make

regulations in respect of the following matters

(a) for the inspection of houses and other places;

(b) for the removal from any house or other place of

refuse and rubbish or of any dirty, stagnant or polluted

water, or of sewage, dung or other foul matter;

(c) for anything connected with the keeping, removal and

disposal of any such matter or liquid;

(d) for the cleansing of privies and cesspools belonging to

any premises;

(e) for imposing the duty of such cleansing on the

occupier or owner of such premises; and

(f)

generally, for the proper working of any service that

may be established for any of the above purposes.

(7) Where any person obstructs any other person employed in

carry ing ou t an y o f t he p ro visions of t his article or of any

regulation made thereunder, the competent court may, on the

application of the Police, issue a warrant, authorizing the use of

force for the carrying out of any of such provisions.

122. (1) The Superintendent of Public Health may allow

material for composting into manure to be kept in such places and

for such time and under such conditions as he may consider

necessary for preventing nuisance or injury to health.

(2) In default of compliance with any order of the said

Superintendent for preventing nuisance or injury to health, the

person responsible shall be guilty of a contravention, and the

material causing the said nuisance or injury shall be dealt with in

accordance with the provisions of the last preceding article.

123. The owner and the manager of any bathing establishment

shall keep in a good state of cleanliness and decency the rooms,

appurtenances, privies, baths and fixtures, furniture, utensils, toilet

requisites, towels and all other linen and clothes used in such

establishment.

124. The owner or occupier of any house is bound to whitewash

and purify such house, within a reasonable time, regard being had

to the size of the house, whenever he is so ordered by the sanitary

authority, for preventing or checking the spreading of any disease

which is, in the opinion of the General Services Board, epidemic or

communicable by contagion or infection, saving the right, if any, of

the person defraying the necessary expense, to recover such

expense from the other, according to law.

125. (Repealed by XXV.2001.50.)

126. (1) No person shall, without a licence from the sanitary

authority, the duration of which shall not exceed one year, keep on

any premises within the limits mentioned in sub-article (2) of the

last preceding article, any animal of the bovine species, or any pig,

goat, sheep, horse, mule or donkey.

(2) The sanitary authority shall not grant any licence for the

keeping of any of such animals in any cellar within the said limits;

or for the keeping of any such animal in any other place within such

CODE OF POLICE LAWS

limits, unless the floor thereof is of hard stone, asphalt or any other

impervious material, and is connected with the public sewer in a

manner approved by the sanitary authority and unless such place is

provided with such ventilators as the sanitary authority may

consider necessary.

(3) The Superintendent of Public Health may refuse to grant or

renew any such licence whenever, in his opinion, the keeping of

any of the said animals may cause a nuisance.

(4) The Minister responsible for public health may from time to

time, on the advice of the General Services Board, direct, by means

o f a no t i c e p u bl i s h e d in th e G a z e t t e , t ha t a ll or a n y of t he

provisions of this article shall apply to any other locality not

mentioned in sub-article (2) of the last preceding article.

127. (Repealed by XXV.2001.50.)

128. It shall not be lawful -

(a) to construct any chimney, oven, or forge, against a

party wall, even though such party wall be entirely

one’s own, between tenements belonging to different

owners;

(b) to construct or make use of any oven, hearth, or forge,

in any place from which, owing to the absence of a

chimney for the emission of the smoke on to the roof

of the building, such smoke might pass into the street

or into a neighbouring house, or to use such oven,

hearth or forge in such a way as to cause a nuisance or

annoyance to the neighbours;

(c) to manufacture any fireworks in any house situate in

an inhabited area, or, without the consent of the

occupiers of the neighbouring houses, in any other

house situate elsewhere;

(d) to keep any combustible materials in any cellar, near

any window or other aperture thereof, towards the

street;

(e) to light any fire in one’s own field, in the vicinity of

some other field belonging to another person, in which

there is any combustible produce.

129. Any person keeping an oven, chimney, or factory in which

fire is used, shall keep such oven, chimney or factory clean and in

good condition, so as to avoid all danger of fire.

130. (Repealed by XXVII.2001.33.)

131. (1) It shall be lawful for the Minister responsible for

public works to appoint one or more engineers for the inspection

and testing of boilers whatever their use.

(2) Any engineer so appointed may after giving two days’

notice enter any building in order to inspect any such boiler.

(3) Inspections shall be made half yearly, in the second and

fourth quarter of each year, or at such other periods as may be

prescribed by the Minister responsible for public works.

(4) The fee for each inspection shall not exceed two euro and

thirty-three cents (2.33), and shall be paid by the owner or user of

the boiler.

(5) For the purposes of this article, the word "boiler" means

any closed vessel used for generating steam, or for heating water or

other liquids, or into which steam is admitted for heating, steaming,

boiling, or other similar purposes.

132. No steam-boiler shall be operated on land except under the

constant supervision of a person duly licensed to act as an engine-

driver, in accordance with such regulations as shall, from time to

time, be made by the Minister responsible for public works.

133. It shall be lawful for the Police, the sanitary authority, or

any person appointed by the competent Minister, at any time, with

the least possible inconvenience to the occupier, according to

circumstances, to visit any house or other building or tenement, in

order to ascertain that the provisions of this Part, or of the

regulations made by a Minister are observed, and the court may,

where necessary, issue a warrant authorizing the use of force, for

the opening of any door

Provided that any such warrant shall not be executed before

notice thereof shall have been given, even orally, to the occupier of

the house, building or tenement, not later than the day previous to

the execution.

134. Repealed by Legal Notice 99 of 2026.

CODE OF POLICE LAWS

PART VI

O F C EMETERIES AND OF THE I NTERMENT OF D EAD B ODIES *

135. It shall not be lawful to construct any cemetery without a

licence from the sanitary authority.

136. (1) No cemetery shall be constructed at a distance less

than one hundred and eighty-three metres from any house intended

for habitation

Provided that where, notwithstanding such distance, there

may be a danger to public health or a nuisance to the neighbours,

such distance shall be increased, and where considered expedient in

the particular circumstances of a given case such distance shall be

reduced, in each case as the General Services Board shall direct.

(2) Nevertheless, it shall be lawful for the Superintendent of

Public Health to allow an extension of any cemetery constructed

before the first of January nineteen hundred and thirty-two,

although the distance of any such cemetery or of such extension

from any house intended for habitation be less than that mentioned

in sub-article (1), if he considers such extension to be necessary for

the exigencies of the district.

137. Any person having the charge of a cemetery shall surround

such cemetery with a wall or other sufficient fence, to a height of at

least three metres from the ground and shall keep such cemetery

and the buildings, walls, or other fences thereof in good condition.

138. It shall not be lawful to enter into any cemetery without

the permission of the person in charge.

139. It shall not be lawful to destroy or injure any building,

wall, or fence belonging to a cemetery, or affix to any such

building, wall, or fence any paper or other thing, or destroy or

deface any monument, tablet, inscription, gravestone, tree, or plant

within the cemetery, or do any other wilful damage therein.

140. It shall not be lawful to play at any game or sport, or

discharge any fire-arm, save at a military funeral, in any cemetery,

or disturb any person who is lawfully in any cemetery for the

purpose of burying any dead body therein.

141. It shall not be lawful to bury or cremate any dead body

without the permission of the Superintendent for Public Health.

142. It shall not be lawful to exhume any dead body or open

any grave without the permission of the sanitary authority.

*See also the Burials Ordinance ( Cap.17 ) and the Addolorata Cemetery Ordinance

( Cap.18 ) .

143. (1) No dead body shall be buried before the lapse of

twenty-four hours of the death, in ordinary cases, or of forty-eight

hours in cases of sudden death; and it shall not be lawful during

such time, to place the dead body in such position as to prevent any

possible manifestation of life or the necessary assistance in case of

any such manifestation.

(2) Nevertheless, the sanitary authority may permit the burial

before the lapse of the said time on the certificate of a medical

p r a c t i t i o n e r, t h a t t h e r e a r e s i g n s o f p u t r e f a c t i o n , o r o t h e r

circumstances excluding all doubt as to the death of the person.

144. (1) It shall not be lawful to bury any dead body in any

cemetery wherever situate in which the sanitary authority shall

have prohibited burial, or without such sanitary precautions as may

be prescribed by the sanitary authority.

(2) It shall not be lawful to convey to any church or chapel the

body of any person who has died of plague, cholera, smallpox or

typhus fever or such other disease communicable by contagion or

infection as the Superintendent of Public Health may determine.

(3) It shall not be lawful to bury in any church or chapel or in

the crypt of any church or chapel or in the appurtenances of any

church or chapel the body of any person except with the special

permission of the Superintendent of Public Health which shall be

granted only in exceptional circumstances

Provided that the provisions of this sub-article shall not

apply to any church, chapel or crypt situated inside the Addolorata

Cemetery.

(4) It shall not be lawful to expose, or leave exposed, in any

place accessible to the public, any dead body in a state of incipient

putrefaction.

145. (1) Every dead body shall be buried with such covering

as decorum and decency require.

(2) The dead body, or the coffin containing it, unless it be a

metallic coffin hermetically closed, shall, in the grave, be covered

with earth up to a height of at least forty-five centimetres.

(3) It shall not be lawful to bury, in the common vaults, any

dead body in a coffin of any kind; and every dead body, in such

vaults, shall be covered with earth up to the said height.

(4) If two or more dead bodies be laid in the same common

vault, each of them shall be covered with earth up to a height of at

least twenty-five centimetres, the body last laid being so covered

up to a height of forty-five centimetres.

146. It shall be lawful for any officer of the sanitary authority at

all times to enter and inspect any cemetery, for the purpose of

ascertaining whether the provisions contained in the preceding

articles of this Part, and in any regulations made under the next

following article relating to the orderliness of cemeteries, are

properly observed.

CODE OF POLICE LAWS

147. The Minister responsible for public health may make

regulations respecting the construction, position and extension of

cemeteries, the mode of burial of dead bodies and, generally, the

orderliness of such places.

PART VII

O F A QUEDUCTS AND P UBLIC F OUNTAINS

148. No person shall take away, from any aqueduct, fountain,

cistern, conduit, or other like place, public water, not provided for

the gratuitous use of the public, without the permission of the

officer in charge of the distribution of public waters.

149. Every person allowed to take water by the officer

mentioned in the last preceding article, shall make sure that the

cistern which is to hold the water, and the conduits or tubes

bringing the water to such cistern are not broken or damaged so as

to prevent the water supplied from running considerably to waste.

150. Every person shall avoid causing, through his negligence,

the opening, breaking, or injuring of any lock, earthen pipe, tube,

door, or other work of any reservoir or other receptacle of public

water, or any other thing whereby such water shall be wasted.

151. (1) Every person shall avoid causing, through his

negligence, any rubbish, mud, or other noxious or offensive matter

to enter into any fountain, aqueduct, or other like place destined for

the preservation of public water; or any putrid water or other

offensive matter to run into any such fountain, aqueduct or other

place from any cesspool, conduit or other place; or any other thing

whereby public water shall be rendered foul or unwholesome.

(2) No person shall throw or negligently allow to flow any

rubbish, or any polluted or dirty water or any other offensive matter

into the waste-water pit of any public stand-pipe.

PART VIII

O F A NIMALS

Articles 152 to 168, both inclusive, were repealed by Act

XXV.2001.50.

152. For the purposes of this Part "animal" shall have the same

meaning assigned to it in article 2 of the Animal Welfare Act.

153. Any person who keeps confined or causes or suffers any

animal to be kept confined in any place shall take such precautions

as may be required by the circumstances to prevent such animal

from giving annoyance to the neighbourhood by howling or

whimpering or otherwise.

PART IX

O F H OTELS AND OTHER L ODGING- H OUSES

Articles 169 to 180, both inclusive, were repealed by Act

XXVII.2001.33.

PART X

O F S HOPKEEPERS AND OTHER T RADERS

181. (Repealed by: XXVII.2001.33.)

182. (Repealed by: XXVII.2001.33.)

183. (1) It shall be lawful for the Minister responsible for the

Police to make regulations respecting the grant and cancellation of

licences for t he sale of win e, beer or spiri tuous liquor and

respecting the sale of non-intoxicants, and for limiting the number

of licences according to circumstances.

(2) It shall also be lawful for the Minister responsible for the

Police to make regulations for securing the maintenance of order

and public decorum in or about shops licensed for the sale of wine,

beer or spirituous liquor, or for the sale of non-intoxicants and in or

about such restaurants or eating-houses as are not included in the

class of shops above mentioned.

CODE OF POLICE LAWS

184. (Repealed by: XXVII.2001.33.)

185. (1) The keeper of any shop licensed for the sale by retail

of wine, beer or spirituous liquor shall not -

(a) permit drunkenness, or any violent or quarrelsome

conduct to take place on his premises; or

(b) sell any wine, beer or spirituous liquor to a drunken

person, or to any person apparently of unsound or

weak mind, or under the age of seventeen years; or

(c) keep on his premises any arms proper, within reach of

any other person; or

(d) harbour, or knowingly suffer to remain on his premises

any Police sergeant or constable in uniform, unless for

the purpose of keeping or restoring order, or in

execution of his duty; or

(e) supply any wine, beer or spirituous liquor, whether by

way of sale or gift, to any Police sergeant or constable

in uniform, unless by authority of some superior

officer of the sergeant or constable, or to any person

belonging to the armed forces of Malta, in uniform,

between the time of opening and eight o’clock in the

morning.

(2) The provisions of article 175 shall apply to shopkeepers

175. licensed for the sale by retail of wine, beer or spirituous liquor.

186. (Repealed by: XXVII.2001.33.)

187. (Repealed by: XXVII.2001.33.)

188. (Repealed by: XXVII.2001.33.)

189. (Repealed by: XXVII.2001.33.)

190. (Repealed by: XXVII.2001.33.)

191. ((Repealed by: XXVII.2001.33.)

192. (Repealed by: XXVII.2001.33.)

193. (1) No shopkeeper shall suffer any sort of game of chance

to be carried on in his premises unless licensed or authorised or

permitted to do so in terms of or under the Lotteries and Other

Games Act * or any other law.

(2) No shopkeeper shall knowingly permit his premises to be

the place of meeting of persons of notoriously bad character.

PART XI

O F C ERTAIN T RADES

194. (Repealed by: XXVII.2001.33.)

PART XII

O F C LUBS

195. (1) It shall be lawful for the Minister responsible for the

Police to make regulations respecting the registration of club

premises with the Commissioner to Police.

(2) Such registration may be refused on grounds of morality or

public order or because of any lack of any requirement under the

regulations, and subject to the provisions of any other enactment,

such registration may only be cancelled either at the request of the

secretary of that club made on its behalf or in accordance with a

court order following an application therefor by the Commissioner

of Police on the grounds of morality or public order or lack of

compliance with the regulations

Provided that it shall be lawful for the Commissioner of

Police, for reasons of public order, to direct at any time the

immediate temporary closing of any club

Provided further that the registration of a club shall not

dispense such club from holding any permit or licence that may be

required by this or any other law for the carrying out of any activity

by the club.

*Repealed by Act XVI of 2018.

CODE OF POLICE LAWS

PART XIII

O F P UBLIC B ILLIARD T ABLES

Articles 196 to 200, both inclusive, were repealed by Act

XXVII.2001.33.

PART XIV

O F T HEATRES AND P UBLIC E NTERTAINMENTS

201. (Repealed by: XXVII.2001.33.)

202. Repealed by: XLII.1986.20.

203. (1) The Minister responsible for the Police may make

and, when made, amend, repeal or repeal and re-enact regulations

respecting public theatres, public cinematograph halls, public

shows and entertainments, public balls and, in each case, the

immediate approaches thereto. Without prejudice to the generality

of this power such regulations may be provided in particular for -

(a) the issue and renewal by the Commissioner of Police

of licences in respect of such places and the conditions

governing such licences;

(b) fire-fighting appliances and other precautions against

fire; the training, qualifications and licensing of

firemen;

(c) the qualifications and licensing of the staff of

cinematograph operating rooms;

(d) the means of promoting the ventilation and the

sanitation in general of such places;

(e) (Repealed by Act XVIII.2012.3);

(f)

the licensing of film importers; the responsibilities of

the importers and the exhibitors; the minimum

requirements of films for exhibition to the public, and

the terms and conditions of supply of films by the

importers to the exhibitors;

(g) the control of contracts between the purveyors of

public performances and shows and the performers and

other employees connected therewith;

(h) the duration of public performances, shows and

exhibitions, and the composition of programmes

therefor;

(i)

admission to the said places, and restriction of

admission thereto by age groups in respect of different

classes of entertainments;

(j)

accommodation in the said places and prices of

admission in respect of different classes of seats, of

different localities and of different occasions;

(k) the control of behaviour in the said places and the right

of the Police to expel persons from any such place

during the course of a performance or exhibition or

show;

(l)

the right of entry into the said places of specified

public authorities and the rights exercisable by any

such authority upon such entry;

(m) the liability of a licensee for the acts of his agents and

servants;

(n) establishing the penalties to which any offender

against any of the regulations made under this article

shall be liable; such penalties may include fines in an

amount not in excess of eleven thousand and six hundred

and forty-six euro and eighty-seven cents (11,646.87),

either with or without a determined minimum and the

suspension or the cancellation of any licence whether

issued under any regulations made under this article or

otherwise;

(o) the constitution of a Board of arbitration for the

purpose of settling disputes between importers and

exhibitors of films; the functions and powers of such

Board, and the procedure to be followed in

proceedings before it.

(2) Regulations made under sub-article (1) may be made to

apply, to such extent as may be specified therein, to premises being

clubs or institutions at which theatrical or cinematographic

performances or shows or balls are staged or given, whether

habitually or occasionally and whether on payment or otherwise,

before or to any audience or attendance comprising thirty or more

persons.

(3) Regulations made under this article shall be laid on the

table of the House of Representatives as soon as may be after they

are made; and if the House of Representatives, within a period of

twenty days beginning with the day on which any such regulations

are laid before it, resolve that they be annulled, or amended, the

same shall cease to have effect, or shall be so amended but without

prejudice to anything previously done thereunder or to the making

of any new regulations. In reckoning any period for the purpose of

this sub-article no account shall be taken of any time during which

the House of Representatives is dissolved or prorogued or during

which it is adjourned for more than four days.

204. It shall be lawful for the Commissioner of Police for

reasons of public order, public safety or public morality or by

reason of the licensees’ lack of compliance with the provisions of

regulations made under article 203 hereof, to order the suspension

CODE OF POLICE LAWS

forthwith of any public performance, exhibition, show or

entertainment, and likewise to order the suspension of any licence

and the closing of any premises concerned for a period not in

excess of fifteen days.

PART XV

O F S PORTSMEN

205. (1) The use of guns and other firearms for sporting

purposes is permitted but only as provided in the following

provisions of this Part.

(2) No person shall use any gun or other firearm for the

purpose of searching for, pursuing or killing game without a valid

licence from the Police.

(3) A licence issued under sub-article (1) shall not be valid

during such other period as may be specified in the licence.

206. Such licence shall not be granted to any person -

(a) who has not attained the age of eighteen years; or

(b) who is not, in the opinion of the Commissioner of

Police, of good character or a fit person to handle a

gun or other firearm without danger; or

(c) who, in the preceding year, has been convicted of any

contravention against any of the provisions of this

Part, or against article 304(a) of the Criminal Code.

207. Repealed by: V.1991.50.

208. Such licence shall be personal and it shall not be lawful

for the person having such licence to permit the use thereof to any

other person.

209. Any person found in the actual search for or pursuit of

game shall, if so required by any Police officer, state his name,

surname and other particulars and produce his licence either on

demand or within two days of such demand at such place as may be

appointed by the Police officer.

210. Repealed by: V.1991.50.

211. Repealed by: V.1991.50.

212. (1) No person shall act as a taxidermist without a licence

from the Minister responsible for the environment or from such

other person or authority as may be designated by the said Minister.

(2) A licence granted under sub-article (1) may contain such

conditions as the said Minister or such other person or authority as

aforesaid may deem appropriate, and any licensee who acts in

contravention of any of those conditions shall be deemed to be

acting without a licence.

(3) Any person convicted of cruelty to animals under any law,

shall be disqualified from obtaining a licence under this article for

a period of five years.

213. Repealed by: V.1991.50.

214. It shall be lawful for the Minister responsible for the

environment from time to time to make, vary or revoke regulations

for carrying out the provisions of this Part and in particular for the

protection of game and wild birds.

PART XVI

O F S HEPHERDS AND G OATHERDS

Articles 215 to 217, both inclusive, were repealed by Act

XXVII.2001.33.

PART XVII

O F P ORTERS

218. (Repealed by: XXVII.2001.33.)

219. (Repealed by: XXVII.2001.33.)

CODE OF POLICE LAWS

220. Repealed by: XVII.1991.82.

221. Repealed by: XVII.1991.82.

PART XVIII

O F S HOEBLACKS

222. (Repealed by: XXVII.2001.33.)

PART XIX

O F B ROKERS (Pitkali) AND V ENDORS OF A GRICULTURAL

P RODUCE

223. * The Minister responsible for agriculture may make

regulations in regard to the sale, at auction or otherwise, of

agricultural produce and in regard to the licensing of persons

connected therewith. Such regulations may provide for special

penalties to be inflicted in respect of default of compliance

therewith.

PART XX

O F T ERRITORIAL W ATERS, H ARBOURS AND W HARVES

224. (Repealed by XV.2009.52.)

*This article as originally enacted consisted of two sub-articles.

Sub-article (2) has been omitted because it has ceased to be in force.

225. (1) It shall not be lawful to allow any animal to approach

any part of the seashore where any person is bathing, unless such

place be expressly set apart for animals.

(2) It shall be lawful for the Commissioner of Police to make

regulations fixing the hours and places in which animals may be

taken into the sea.

226. It shall not be lawful to hold any regatta, greasy-pole, or

any other public entertainment or show or let off any fire-works, or

discharge any fire-arm in any harbour, without a licence from the

Commissioner of Police granted with the consent of the Authority

for Transport in Malta.

227. No person shall leave in any harbour or on any wharf

anything which may cause injury to public health, or a nuisance; or

throw into the waters of any harbour or into any part of the internal

waters or of the territorial waters of Malta any rubbish or dirty

liquid which may cause a nuisance.

228. (1) If any petroleum or other oil or any mixture

containing petroleum or other oil is discharged, leaks or runs into

the waters of any harbour or into any part of the internal waters or

of the territorial waters of Malta from any vessel or any place

afloat, or from any place on land, or from any apparatus used for

transferring petroleum or other oils from or to any vessel (whether

to or from a place on land or afloat), then -

(a) if the discharge, leakage or running is from a vessel,

the owner or master of the vessel, or

(b) if the discharge, leakage or running is from an

apparatus used for transferring petroleum or other oils

from or to a vessel, or takes place while petroleum or

other oils are being so transferred, the owner or person

in charge of the apparatus, or

(c) if the discharge, leakage or running is from any other

place, the occupier or other person in charge of such

place,

shall be guilty of an offence against this article and shall be liable,

on conviction, to a fine (multa) of not less than two hundred and

thirty-two euro and ninety-four cents (232.94) and not more than four

thousand and six hundred and fifty-eight euro and seventy- five cents

(4,658.75), or to imprisonment from one to six months, or to both

such fine and imprisonment.

(2) Any person found guilty of an offence under this article

shall be liable for all damages caused and all costs occasioned by

the facts constituting the offence, and the court shall, at the demand

of the prosecution made at any time of the proceedings prior to

final judgment, order in the same judgment the offender to make

good and pay to the Authority for Transport in Malta all such

damages and costs as shall be liquidated by the same court, which

order shall be executable in the same manner as if it had been given

in a civil action duly instituted by the Authority for Transport in

Malta against the offender

CODE OF POLICE LAWS

Provided that nothing in this sub-article shall affect the

right of third parties to institute any civil action against the

offender for any damage suffered by them.

229. (Repealed by XV.2009.52.)

230. (Repealed by XV.2009.52.)

231. (Repealed by XV.2009.52.)

232. Repealed by: XVII.1991.82.

233. Repealed by: XVII.1991.82.

234. Repealed by: XVII.1991.82.

PART XXI

O F M ASTERS OF V ESSELS

235. ( Repealed by XV.2009 .52.)

CODE OF POLICE LAWS

236. (Repealed by XV.2009.52.)

Master not to

communicate with

any part of Malta

other than the

Grand Harbour or

Marsamxett

Harbour.

237. (Repealed by XV.2009.52.)

Dangerous cargo

on board merchant

vessels.

Amended by

X.1867.4;

IV.1912.5;

XXXVI.1947.2;

L.N. 4 of 1963;

IX.1971.3;

XLIX.1981.6;

XVII.1991.82.

238. (Repealed by XV.2009.52.)

Authority to search

vessel unloading

dangerous cargo.

Amended by

XXXVI.1947.3;

IX.1971.3;

XVII.1991.82.

239. Repealed by: XVII.1991.82.

Power of Minister

responsible for

ports to make

regulations.

Amended by

I.1856.3;

III.1872.20;

XIII.1962.63;

L.N. 4 of 1963.

240. Repealed by: XVII.1991.82.

Careening of

vessel.

Amended by

III.1872.21;

IV.1912.6.

Substituted by

XIII.1962.63.

Amended by

IX.1971.3;

XXII.1976.4.

241. Repealed by: XVII.1991.82.

Master not to allow

smoking, etc.,

whilst loading or

unloading

inflammable

merchandise.

Amended by

VII.1889.7.

242. Repealed by: XVII.1991.82.

Boats of vessels to

carry lights.

PART XXII

O F B OATS

O F B OATS IN G ENERAL

Articles 243 to 247, both inclusive, were repealed by Act No. XVII

of 1991.

CODE OF POLICE LAWS

O F B ALLAST B OATS

Articles 248 to 250, both inclusive, were repealed by Act No.

XVII of 1991.

O F G OZO B OATS

Articles 251 to 253, both inclusive, were repealed by Act No.

XVII of 1991.

O F P ONTOONS

Articles 254 to 263, both inclusive, were repealed by Act No.

XVII of 1991.

O F C ARGO B OATS

Articles 264 and 265 were repealed by Act No. XVII of 1991.

O F W ATER B OATS

Articles 266 to 269, both inclusive, were repealed by Act No.

XVII of 1991.

O F P ASSAGE B OATS

Articles 270 to 286 both inclusive, were repealed by Act No.

XXIII of 2000.

O F C AIQUES AND OTHER S MALL B OATS

Articles 287 and 288 were repealed by Act No. XVII of 1991.

O F S TEAM-BOATS

289. Repealed by XXIII.2000.30.

CODE OF POLICE LAWS

290. Repealed by XXIII.2000.30.

Licence.

Amended by

VII.1889.8;

XV.1920.21;

XL.1949.20;

L.N. 161 of 1990;

XVII.1991.82.

291. Repealed by: XVII.1991.82.

Safety valve.

Amended by

VII.1889.8.

292. Repealed by: XVII.1991.82.

No undue weight

to be placed on

safety valve.

Amended by

VII.1889.8.

293. Repealed by: XVII.1991.82.

Life buoys.

Amended by

VII.1889.8.

294. Repealed by: XVII.1991.82.

Shelter for deck

passengers.

Amended by

VII.1889.8;

IX.1971.3.

295. Repealed by XXIII.2000.30.

Sanitary facilities

on steam-boats.

Added by

XIII.1977.2.

296. Surveyor of

Repealed by XXIII.2000.30.

machinery.

Certificate of

survey.

Amended by

VII.1889.8;

XVII.1991.82.

297. Survey of hull.

Repealed by XXIII.2000.30.

Certificate of

survey.

Amended by

VII.1889.8;

XL. 1949.21;

XXIII.1973.3;

XVII.1991.82.

298. Repealed by XXIII.2000.30.

Lodgement of

certificates with

Public Transport

Authority

Amended by

VII.1889.8;

XV.1920.21;

L.N. 161 of 1990;

XVII.1991.82.

299. Repealed by: XVII.1991.82.

Lights.

Amended by

VII.1889.8;

XI.1973.377.

CODE OF POLICE LAWS

300. Repealed by: XVII.1991.82.

Designation of

steam-boats plying

as tugs.

Amended by

VII.1889.8.

301. Repealed by: XVII.1991.82.

Towing of

pontoons in excess

of licensed

number.

Amended by

VII.1889.8.

302. Repealed by XXIII.2000.30.

Applicability of

certain provisions

to steam-boats,

Amended by

VII.1889.8;

XI.1910.17.

303. Repealed by XXIII.2000.30.

and motor-boats.

Added by

XIII.1913.15.

304. Repealed by: XVII.1991.82.

Power of Minister

responsible for

ports to fix rates.

Added by

XIII.1913.15.

Amended by

L.N. 4 of 1963.

PART XXIII

O F F ISHING, S ALE OF F ISH AND F ISHING B OATS

Amended by

XVI.1937.3.

305. Repealed by Act II of 2001.

Power of Minister

responsible for

fisheries to make

regulations.

Amended by

VII.1889.9;

XVI.1937.2;

XIV.1958;

XXV.1962;

L.N. 4 of 1963.

306. Repealed by Act II of 2001

Forfeiture of

fishing instruments

in consequence of

conviction.

Amended by

VII.1889.9.

PART XXIV

O F B OATMEN

Amended by

VII.1889.10.

307. Repealed by XXIII.2000.30.

Licence to

boatmen.

Amended by

VII.1889.10;

XV.1920.21;

L.N. 161 of 1990.

Substituted by

XVII.1991.82.

308. Repealed by XXIII.2000.30.

309. Repealed by XXIII.2000.30.

PART XXV

O F D EALERS IN M ARINE S TORES AND O LD M ETALS

A r t i c l e s 3 1 0 t o 3 1 6 , b o t h i n c l u s i v e , w e re re p e a l e d b y

XXVII.2001.33.

PART XXV A

O F V IDEO R ECORDERS

316A. (Repealed by XXVII.2001.33.)

316B. (Repealed by XXVII.2001.33.)

PART XXV B

O F MINORS AND ALCOHOL

316C. It shall be unlawful for any person to

(a) sell alcohol to, or purchase alcohol on behalf of, a

minor; or

(b) serve, or in any manner supply, alcohol to a minor in

any public place.

316D. It shall be unlawful for a minor to

(a) consume alcohol in any public place;

(b) procure or attempt to procure alcohol in any manner

whatsoever in any public place;

(c) be in possession of alcohol in any public place; or

CODE OF POLICE LAWS

(d) falsely represent his age for the purpose of consuming,

receiving, procuring or attempting to procure alcohol.

316E. It shall be lawful for any member of the Police Force to

stop any person, whom he suspects to have acted in breach of

articles 316C and 316D, for the purposes of identifying such person

and taking his particulars.

316F. For the purposes of articles 316C to 316E and of article

319(9) to (11)

(a) the expression "agency" means any agency designated

for the purpose in the Gazette by the Minister

responsible for social policy;

(b) the expression "alcohol" means any wine, beer, cider

or spirituous liquor;

Provided that it shall be presumed that the liquid

contains alcohol unless the person charged shall prove

the contrary;

(c) the expression "minor" means any person under

seventeen years of age;

(d) the expression "public place" means any place other

than a private residential home and includes any

premises that are leased and, or used for entertainment

purposes.

PART XXVI

G ENERAL P ROVISIONS

317. Any regulation made by the competent authority in virtue

of the powers conferred on him by this Code or by any other law,

the non-observance of which constitutes an offence, shall be

published in the Gazette.

318. Any person who commits any breach of the provisions of

this Code or of any order or regulation given or made thereunder by

the competent authority or any other public officer, whether by

doing anything which he ought not to do or by omitting anything

which he ought to do, or by preventing other persons from doing

anything which they are enjoined or permitted to do or by undoing

or frustrating anything which other persons may have done under

the provisions of this Code or of any order or regulation thereunder,

o r i n a n y o t h e r m a n n e r w h a t s o e v e r, s h a l l b e g u i l t y o f a

contravention.

319. (1) Saving the provisions of articles 19 and 543 of the

Criminal Code, the provisions of the next fol1owing sub-articles

and any other special provision of this Code, any court of criminal

judicature may in respect of any of the contraventions referred to in

the last preceding article, award any of the punishments laid down

in the Criminal Code for contraventions, either separately or

cumulatively, or, if it is of opinion that the offence deserves a

heavier punishment, award a fine (multa) or imprisonment for a

term not exceeding one month.

(2) When any person is found guilty of a contravention of any

of the provisions of article 38(1)(a), article 39 or any regulations

made thereunder, or article 190, he shall be liable, on conviction, to

a fine (multa) of not less than twenty-three euro and twenty-nine cents

(23.29) and, moreover, if any vehicle or vessel has been used in, or

for the purposes of, the commission of the offence, the court shall,

at the demand of the prosecution, order the sequestration of such

vehicle or vessel, as the case may be, for a term of not less than one

month but not exceeding six months and the suspension for an

equal term of any driving licence held by the offender, during

which period the maintenance of and the repairs (if any) to the

vehicle or vessel shall be at the expense of its licensee.

(2A) When any person is found guilty of a contravention of any

of the provisions of article 121(2) or article 227, he shall be liable,

on conviction, to a fine (multa) of not less than one hundred and

sixteen euro and forty-seven cents (116.47) but not exceeding two

hundred and thirty-two euro and ninety-four cents (232.94), and if any

vehicle or vessel has been used in or for the purpose of the

commission of the offence, the court shall at the demand of the

prosecution, order the sequestration of such vehicle or vessel, as

the case may be, for a term of not less than two months but not

exceeding one year and, in the case of a vehicle, the suspension for

an equal term of any driving licence held by the offender, during

which period the vehicle or vessel shall be at the risk of the owner

Provided that where any person who has not participated in

the offence, has a claim to such vehicle the sequestration shall only

be ordered if the court is satisfied that no such claim is thereby

prejudiced.

(2B) When an offence referred to in sub-article (2A) relates to

dumping, the court shall in addition to any penalty which may be

imposed in accordance with this Code, also order the offender to

remove from the place where the offence has taken place all the

material, in respect of which he is found guilty, within a time

sufficient for the purpose, to be fixed by the court, and that in

default of compliance with that order such material be removed at

the expense of the offender, in which case he may be made to

refund the expense as a civil debt.

(2C) When in an offence to which sub-article (2A) applies an

offender throws or dumps rubbish, refuse, litter or liquid of such

size or in such quantity or accumulation as, taken by itself, is

sufficient to lead to defacement of any place in the open air or of

any part of the coastal waters, he shall be liable, on conviction, to a

fine (multa) of not less than one thousand and one hundred and sixty-

CODE OF POLICE LAWS

four euro and sixty-nine cents (1,164.69) but not exceeding two

thousand and three hundred and twenty-nine euro and thirty-seven

cents (2,329.37) and where any vehicle or vessel has been used in or

for the purpose of the commission of the offence, the provisions of

sub-article (2A) as regards sequestration and suspension of driving

licence shall apply.

(2D) When the offender is not the owner of the vehicle or vessel

mentioned in sub-article (2A) or (2C) but has acted under the

instructions or with the knowledge of such owner or where such

owner had the power to prevent the commission of the offence did

not do so, the owner shall be liable on conviction, to the same

punishment laid down in sub-articles (2A) and (2C), and the

provisions of sub-article (2B) shall be applicable with regard to the

owner of the vehicle or vessel.

(2E) If the circumstances in which any material unlawfully

dumped or thrown is found, indicate the owner or other person

responsible for such material immediately prior to its dumping,

such owner or person shall be deemed to have deposited that

material and shall be liable to the punishment laid down in sub-

articles (2A) and (2C) and the provisions of sub-article (2B) shall

be applicable with regard to him, unless he proves that he did not

know of the commission of the offence, or although he knew of it

did not have the power to prevent it.

(3)

Where any person is found guilty of an offence against

any of the provisions of article 130 or of article 181 or of any

regulations made under any of the said articles, he shall be liable -

(a) on a first conviction, to a fine (multa) of not less than

forty-six euro and fifty-nine cents (46.59) but not

exceeding four hundred and sixty-five euro and eighty-

seven cents (465.87), and

(b) on a second or subsequent conviction, to a fine (multa)

of not less than one hundred and sixteen euro and forty-

seven cents (116.47) but not exceeding one thousand and

one hundred and sixty-four euro and sixty-nine cents

(1,164.69), or to imprisonment for a term not

exceeding three months, or to both such fine and

imprisonment.

(4) Where any person is found guilty of an offence against the

provisions of article 97(1)(g) or of article 295 of this Code, he shall

be liable to a fine (multa) of not less than forty-six euro and fifty-nine

cents (46.59) but not exceeding one thousand and one hundred and

sixty-four euro and sixty-nine cents (1,164.69) and moreover to a

penalty of not less than four euro and sixty-six cents (4.66) but not

exceeding one hundred and sixteen euro and forty-seven cents

(116.47) per day from the date of the conviction to the date in which

such person complies with the said provisions.

(5)

Any person who is found guilty of a contravention

against the provisions of article 202 shall be liable -

(a) on a first conviction, to a fine (multa) of not less than

four euro and sixty-six cents (4.66), and

(b) on a second or subsequent conviction, to a fine (multa)

of not less than eleven euro and sixty-five cents (11.65).

(6) (a) Any person who commits an offence against any of the

provisions of articles 205 to 211 of this Code, or of any regulations

made under article 214 of this Code, shall, in the case of a first

conviction, be liable to a fine (multa) of not less than twenty-three

euro and twenty-nine cents (23.29) or to imprisonment for a term not

exceeding one month and, in the case of a second or subsequent

conviction, to a fine (multa) of not less than one hundred and sixteen

euro and forty-seven cents (116.47) or to imprisonment for a term not

exceeding three months or to both such fine and imprisonment.

(b) When a person is found guilty of an offence as is referred to

in paragraph (a), the court shall suspend the relative licence for a

period not exceeding twelve months and shall, at the request of the

prosecution, order the forfeiture of the gun, firearm, ammunition,

weapon, or other article used in the commission of the offence.

(c) The provisions of article 21 of the Criminal Code shall not

apply in respect of any conviction for an offence as is referred to in

paragraph (a).

(7) It shall also be lawful for the court, in the case of any

contravention committed by the owner or driver of a vehicle, or by

the owner of a boat, or by a boatman, in the exercise of his calling,

to order the sequestration of the vehicle or boat, for a time not

exceeding one month, at the expense of the owner.

(8) The sequestration of the vehicle shall be deemed to include

the sequestration of the animal which, at the time of the

contravention, was attached to it.

(9) Without prejudice to any punishment that may be

applicable under the provisions of any other law, any person found

guilty of an offence against article 316C shall be liable

(a) on a first conviction, to a fine (multa) of not less than

two hundred and thirty-two euro and ninety-four cents

(232.94) but not exceeding one thousand and one

hundred and sixty-four euro and sixty-nine cents

(1,164.69); and

(b) on a second or subsequent conviction to a fine (multa)

of not less than one thousand and one hundred and sixty-

four euro and sixty-nine cents (1,164.69) but not

exceeding two thousand and three hundred and twenty-

nine euro and thirty-seven cents (2,329.37).

(10) Without prejudice to articles 36 and 37 of the Criminal

Code, a minor who acts in breach of article 316D

(a) for a first offence be formally warned by a Member of

the Police Force that criminal proceedings will be

taken against him if he is caught acting in breach of

the same provisions of the law for a second time or

more;

(b) for a second offence or more, shall, if convicted, be

guilty of a contravention. The competent Court may

CODE OF POLICE LAWS

order such minor to participate in an educational

programme which, if and as necessary, may be

combined with counselling and which will be provided

by an agency staff member

Provided that in ordering the said programme and, or

counselling, the competent court shall take into

consideration the age of the minor and shall, in all

cases, ensure that the programme shall not be in

conflict with the minor’s regular attendance at school

or other educational institution.

(11) In addition to any penalty which may be imposed by the

Court in accordance with sub-articles (9) and (10), a minor who

refuses to give, or untruthfully gives to any member of the Police

Force in the exercise of his duties, his name, surname, address and

other particulars that may be lawfully required, shall be guilty of a

contravention.

320. In the case of a second or subsequent conviction for any

contravention committed by any shopkeeper, vendor, or other

person exercising any art, trade or other calling in virtue of a

licence from the competent authority, in connection with the

exercise of such art, trade or other calling, it shall be lawful for the

court to cancel the licence, or to suspend the same for any time, in

its discretion.

321. (1) In the case of any contravention, the court, besides

awarding punishment, shall order the offender, where the occasion

so requires, to abate the nuisance arising from the contravention,

or, according to circumstances, to carry out the law within a time,

sufficient for the purpose, to be fixed by the court; and, if the

offender fails to comply with any such order within the time so

fixed, he shall be liable to a fine (ammenda) not exceeding four euro

and sixty-six cents (4.66) for every day the default continues after the

expiration of the said time.

(2) The court may also order that the nuisance be abated, or

that the law be carried out, by the Police, at the expense of the

offender, in which case he may be made to refund the expense,

under a warrant issued by the court.

(3) If the offender is, on account of mental disease or other

physical incapacity, unable to appear in court or is absent from

Malta or has absconded and a Police officer not below the rank of

inspector certifies on oath that it is urgently required that the

nuisance be abated or that the law be otherwise enforced, the court

shall order the summons to be served on the lawful representative

of the offender or on the person having the custody of the offender

or on the person having the management of his property or in

default of any known representative or person as aforesaid, on the

offender’s husband or wife or son or daughter. In any such case, if

the nuisance or non-compliance with the law is proved, the court

shall apply the provisions of sub-article (2) or, in appropriate cases,

the provisions of sub-article (1).

(4)

Where for any reason service of the summons as provided

in sub-article (3) cannot be effected or where the offender is not

known or it is not known who is the person responsible for the

nuisance or non-compliance with the law, the court may apply the

provisions of sub-article (2) on the sole application of a Police

officer not below the rank of inspector confirming on oath the

existence of the nuisance or non-compliance and the urgency that

the same be abated or the law enforced and on such additional

evidence, if any, as the court may deem fit to require.

(5) In any of the cases dealt with in sub-articles (3) and (4), the

court shall, so far as regards the application of any punishment for

the offence, adjourn the proceedings until the offender is fit to

stand trial or returns or becomes known and can appear before it.

(6) Where the court, on the demand of the Police, for the

purpose of proving any contravention, shall have ordered any work

to be undone wholly or in part, and neither such contravention, nor

any other contravention arising from circumstances which could

not have been ascertained without the undoing of such work, nor

any contravention of the provisions of article 97(1)(o), is made to

appear, the expense incurred as well as the expense necessary to

restore such work to its former state, shall be at the charge of the

Police.

(7) Where any summons has been issued in respect of a

contravention of an order of the sanitary authority, either for

making default in complying with such order, or for not properly

carrying out such order, it shall be lawful for the court, where

necessary, on the demand of the defendant, to require a report from

the General Services Board, and also examine, on oath, the

members of such Board, on the subject-matter of the order or the

execution thereof; and in any such case, if the Board, or the

majority of its members, shall concur in the opinion of the authority

giving the order, the fee due to the members of the Board as well as

the expenses incurred by them, shall be at the charge of the

defendant.

(8) Save as otherwise expressly provided in this Code, any

damages arising from any contravention shall be recoverable by the

injured party as a civil debt.

322. Where any offence against the provisions of this Code or

of any regulations or order made thereunder is committed by an

association or body of persons, every person who, at the time of the

commission of the offence, was a director, manager, secretary or

other similar officer of such association or body of persons, or was

purporting to act in any such capacity, shall be guilty of that

offence unless he proves that the offence was committed without

his knowledge and that he exercised all due diligence to prevent the

commission of the offence.

CODE OF POLICE LAWS