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POLICE LICENCES ACT

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Statutory Text (5 Articles)

Laws of Malta — Chapter 128 — POLICE LICENCES ACT

POLICE

LICENCES

CHAPTER 128

POLICE LICENCES ACT

To make provision in respect of the grant, renewal, transfer and

cancellation of licences and permits which under any law may be issued by

the Commissioner of Police and in respect of the fees leviable for the same

and of other matters connected therewith.

28th December, 1949

ACT XXXIV of 1949, as amended by Emergency Ordinance XIV of 1958;

Ordinances: XVII of 1961, XXV of 1962; Legal Notices: 4 of 1963 and 46

of 1965; and Acts XV of 1986, XXIII of 2000 and II of 2009.

Laws of Malta — Chapter 128 — POLICE LICENCES ACT

The title of this Act is the Police Licences Act.

Laws of Malta — Chapter 128 — POLICE LICENCES ACT

In this Act, unless the context otherwise requires, "licence"

means and includes any licence or permit which, under any Act,

Ordinance, regulation or other enactment, is required from the

Commissioner of Police for the performance of any act or for any

other purpose or which the Commissioner of Police is authorized or

empowered to grant under any such Act, Ordinance, regulation or

other enactment.

Laws of Malta — Chapter 128 — POLICE LICENCES ACT

(1) The Minister responsible for the Police may make and,

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

the purpose of regulating the grant, renewal, transfer or

cancellation of licences or of any one or more classes thereof and,

in particular, but without prejudice to the generality of this

provision, he may make regulations for all or any of the following

purposes

(a) for prescribing the conditions under which licences or

any one or more classes thereof may be granted,

renewed,

transferred

or

cancelled

by

the

Commissioner of Police;

(b) for prescribing that any one or more classes of

licensees shall wear such distinctive badges as may be

specified, for determining the fees payable in respect

of such badges and for making other provisions in

respect thereof;

(c) for appointing persons, Boards or other bodies of

persons for the purpose of advising the Commissioner

of Police in respect of the grant, renewal, transfer or

cancellation of licences or of any one or more classes

thereof, for determining the functions of such persons,

Boards or bodies of persons and for establishing the

procedure to be followed;

(d) for providing for the manner in which application for

the grant, renewal or transfer of licences or of any one

or more classes thereof is to be made; for the contents

of such application; for the manner in which such

licences are to be granted, renewed or transferred; the

POLICE

LICENCES

form in which such licences are to be issued, the

contents thereof and the manner in which renewals or

transfers thereof are to be indicated;

(e) for fixing the duration of the validity of licences or of

any one or more classes thereof;

(f) for making provision to ensure that licences or any one

or more classes thereof will lapse on a specified day or

on specified days;

(g) for establishing the fees leviable in respect of the

grant, renewal or transfer of licences or of any one or

more classes thereof, either by direct determination or

by reference to the manner in which such fees are to be

reckoned; and to make provision for fees leviable in

respect of broken periods

Provided that regulations under this paragraph may

establish the minimum and the maximum of any fee

leviable in respect of licences or of any one or more

classes thereof, and in such case the fee leviable in

each particular case shall be fixed by the

Commissioner of Police in his discretion;

(h) for establishing the penalties to which any offender

against any regulations made under this Act shall be

liable; provided that no such penalty shall be greater

than as laid down in the Criminal Code in respect of

contraventions;

(i) for making provision in respect of the refund of fees or

part thereof paid under the provisions of this Act

Provided that nothing in this subarticle shall be deemed to

empower the Minister responsible for the Police to do anything

which is contrary to the provisions of any Act, Ordinance or any

other enactment for the time being in force or of any regulations

made thereunder, and provided further that regulations made under

this article shall be in addition to and not in derogation of any

requirement under any Act or Ordinance for the time being in force

or of any regulations made thereunder.

(2) 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, resolves that they be annulled or amended, the

same shall cease to have effect or shall be so amended but in each

case without prejudice to the making of new regulations. In

reckoning any period for the purposes of this subarticle, 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 at a time.

POLICE

LICENCES

Laws of Malta — Chapter 128 — POLICE LICENCES ACT

(Deleted by Act II. 2009.18.).

Additional fee due

in certain cases.

Added by

XVI.1986.2.

Amended by

XXIII. 2000.30.

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