EMERGENCY POWERS ACT

EMERGENCY POWERS

CHAPTER 178

EMERGENCY POWERS ACT

To make provision for the security of Malta during periods of public

emergency.

(2nd March, 1963) *

Enacted by ACT VIII of 1963, as amended by Legal Notice 46 of 1965

and Acts LVIII of 1974, X of 2020 and XXXV of 2023.

This Act may be cited as the Emergency Powers Act.

PART I

GENERAL

In this Act, unless the context otherwise requires -

" l a w" i nc lu d e s a ny Act or Ordinance and an y su bs id ia ry

legislation made thereunder but does not include the Constitution

of Malta;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta.

The provisions of this Act and of any subsidiary legislation

made thereunder shall also apply, in accordance with the provisions of

the 1982 United Nations Convention on the Law of the Sea as ratified

by the Law of the Sea (Ratification) Act, to an exclusive economic

zone area or an environment protection area as defined in the

Exclusive Economic Zone Act. Any artificial island, installation,

structure, equipment or device therein shall, solely for the purposes of

this Act and any subsidiary legislation made thereunder, be treated as

if they were situated in Malta itself.

(1) If the President of Malta, acting in accordance with the

advice of the Prime Minister, is satisfied that a public emergency

exists, he may by Proclamation declare that the provisions of Part II of

this Act shall come into operation, and there upon those provisions

shall come into operation accordingly; and they shall continue in

operation until the President of Malta, acting in accordance with the

advice of the Prime Minister, by a further Proclamation directs that

they shall cease to have effect, where upon they shall cease to have

effect except as respects things previously done or omitted to be done.

(2) A Proclamation made under subarticle (1) may be made so

as to apply only to such part or parts of Malta as may be specified

in the Proclamation (in this subarticle called "the emergency area")

in which case regulations made under the said Part II shall, except

as otherwise expressly provided in such regulations, have effect

only in the emergency area.

*See Government Notice No. 76 of the 2nd of March, 1963.

(3) Whenever a Proclamation is made under subarticle (1), the

occasion therefor shall be communicated to the House of

Representatives -

(a) in the case of a Proclamation made when the House of

Representatives is in session, within a period of seven

days, and

(b) in any other case, as soon as practicable.

PART II

REGULATIONS

(1) The President of Malta, acting in accordance with the

advice of the Prime Minister, may, subject to the provisions of the

Constitution of Malta, make such regulations as appear to him

acting as aforesaid to be necessary or expedient for securing the

p u b l i c s a f e t y, t he publi c h ealt h,t h e d e f e n c e o f M a l t a , t h e

maintenance of public order and the suppression of mutiny,

rebellion and riot, and for maintaining supplies and services

essential to the life of the community.

(2) Without prejudice to the generality of the powers conferred

by subarticle (1), the regulations may, so far as appears to the

President of Malta acting as aforesaid to be necessary or expedient

for any of the purposes mentioned in that subarticle -

(a) make provision for the detention of persons;

(b) authorize -

(i)

the taking of possession or control on behalf of

the Government of any property or undertaking;

(ii) the acquisition on behalf of the Government of

any property other than land;

(c) authorize the entering and search of any premises;

(d) provide for amending any law, for suspending the

operation of any law, and for applying any law with or

without modification;

(e) provide for charging, in respect of the grant or issue of

any licence, permit, certificate or other document for

the purposes of the regulations, such fee as may be

prescribed by or under the regulations;

(f)

provide for payment of compensation and

remuneration to persons affected by the regulations;

(g) provide for the apprehension, trial and punishment of

persons offending against the regulations;

(h) provide for maintaining such supplies and services as

are, in the opinion of the President of Malta acting as

aforesaid, essential to the life of the community

Provided that nothing in this article shall authorize the

making of provision for the trial of persons by military courts

EMERGENCY POWERS

And provided further that nothing in this article shall be

construed to authorize the making of any regulation -

(i)

making provision for the deportation

or

exclusion of persons from Malta, and

(ii) providing for the infliction of the punishment of

death.

(3) The payment of any compensation or remuneration under

the provisions of such regulations shall be a charge upon the

Consolidated Fund.

Regulations made under article 4 may provide for

empowering such authorities or persons as may be specified in the

regulations to make orders and rules for any of the purposes for

which the regulations are authorized by this Act to be made, and

may contain such incidental and supplementary provisions as

appear to the President of Malta acting as aforesaid to be necessary

or expedient for the purposes of the regulations.

(1) Every regulation made under article 4 and every order

or rule made in pursuance of such a regulation shall, without

prejudice to anything done or omitted to be done thereunder, cease

to have effect at the expiration of a period of two months from the

date upon which it came into operation unless, before the

expiration of that period, it has been approved by resolution passed

by the House of Representatives.

(2) Any such regulation, order or rule may, without prejudice to

anything done or omitted to be done thereunder, at any time be

amended or revoked by resolutions passed by the House of

Representatives.

Every regulation made under article 4 and every order or

rule made in pursuance of such a regulation shall have effect

notwithstanding anything inconsistent therewith contained in any

law; and any provision of a law which is inconsistent with any such

regulation, order or rule shall, whether that provision has or has not

been amended, modified or suspended in its operation under this

Act, to the extent of such inconsistency have no effect so long as

such regulation, order or rule remains in force.

Every document purporting to be an instrument made or

issued by the President of Malta or other authority or person in

pursuance of this Act, or of any regulation made under article 4,

and to be signed by or on behalf of the President of Malta or such

other authority or person, shall be received in evidence, and shall,

until the contrary is proved, be deemed to be an instrument made or

issued by the President of Malta or that authority or person.