SWIMMING POOLS (CONTROL) ACT

SWIMMING POOLS (CONTROL)

CHAPTER 244

SWIMMING POOLS (CONTROL) ACT

To provide for the control of swimming pools and for matters ancillary

or incidental thereto.

(21st June, 1974) *

ACT XXXI of 1974, as amended by Act XIII of 1983; Legal Notice 411 of

2007; and Acts II of 2009 and XXVI of 2014.

The short title of this Act is the Swimming Pools (Control)

Act.

In this Act, unless the context otherwise requires -

"Minister" means the Minister responsible for resources;

"person" includes a body or association of persons;

"swimming pool" means any built up, constructed or dug in area,

the maximum internal height of which is at any point not less than

ninety centimetres, which is filled or is intended to be filled with

water, and is not used solely for agricultural purposes, but does not

include any cistern used solely for water collection and/or storage;

it also includes any recipient, made of whatever material, which

could be used for swimming or bathing purposes.

No person may construct, operate, or allow or permit the

use of any swimming pool without the written permission of the

Minister.

The Minister may make regulations, and when made may

vary, alter or, without prejudice to the making of new regulations,

revoke such regulations, to control and regulate the construction,

operation and use of swimming pools and the grant of permissions

under article 3.

Any person who contravenes any of the provisions of this

Act or of any regulations made thereunder shall be guilty of an

offence and shall be liable, on conviction, to a fine (multa) of not

less than six hundred and ninety-eight euro and eighty-one cents

(698.81) but not exceeding two thousand and three hundred and

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

Where an offence under this Act 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.

*See Government Notice No. 416 of 21st June, 1974.