HOUSING AUTHORITY ACT

HOUSING AUTHORITY

CHAPTER 261

HOUSING AUTHORITY ACT

To provide for the establishment of a body corporate to be known as the

Housing Authority and for the exercise by or on behalf of that Authority of

functions relating to housing, residential and commercial accommodation

and related facilities and amenities; to provide for the transfer to that

Authority of certain properties; to make provision with respect to the

transfer of certain other assets; and to make provision with respect to

matters ancillary thereto or connected therewith.

(11th October, 1976) *

ACT XV of 1976, as amended by Acts XXV of 1977, XXIX of 1979, XLIII

of 1986 , XVIII of 1988 , XXIV of 1995 , XVI of 1997 , and XXVIII and

XXXII of 2007 ; Legal Notice 423 of 2007 ; Act VII of 2015 , XXVIII of

2019 and X of 2023.

Preliminary

The short title of this Act is the Housing Authority Act.

In this Act, unless the context otherwise requires -

"appointed day", in relation to article 12, has the meaning given

to it by that article;

"Authority" means the Housing Authority established by article

3;

"Board" means the Board established by article 6

"Chairman" means Chairman of the Authority and includes, in

the circumstances mentioned in article 5(2), the deputy chairman or

other person appointed to act as chairman;

"the Company", in relation to article 20, means the company now

known as Mid-Med Finance Corporation Limited † formed by a

memorandum and articles of association signed on 10th January,

1968 under the name of Barclays Finance Corporation (Malta)

Limited, and registered as a company with the Registrar of

Partnerships on the same date, the change of name having taken

effect on 1st October, 1975, by virtue of a resolution taken by the

Company on 29th September, 1975 and duly registered with the

said Registrar; and any reference to the Company, whether in this

Act or elsewhere, shall, for the purposes of this Act, include a

reference to the Company by whichever of the two names it is

referred to;

"financial year" means a period of twelve months ending on 31st

December

Provided that the financial year which commenced on the 1st

*See article 1(2) as originally enacted, which subarticle has been omitted under the

Statute Law Revision Act, 1980 and Legal Notice 129 of 1976.

†By resolution dated 9th March, 1977, the name has been changed to "Lohombus

Corporation Limited" with effect from 1st April, 1977.

HOUSING AUTHORITY

October, 2007 shall be for a period of fifteen months and shall

terminate on the 31st December, 2008;

"House" means the House of Representatives;

"immovable assets", in relation to article 12, has the meaning

given to it by that article;

"land" includes any buildings or other structures thereon;

"Minister" means the Minister responsible for housing;

"operative date", in relation to article 20, has the meaning given

to it by that article;

"public officer" shall have the same meaning assigned to it by

article 124 of the Constitution;

"title", in relation to article 12, means any title over immovable

property sohowever called or described and includes any title

mentioned in article 5(a), (b) and (c) of of the Land Acquisition

(Public Purposes) Ordinance and any rights over the said property

exercised in terms of the provisions of the said Ordinance;

"the transferee", in relation to article 20, has the meaning given

to it by that article;

"transferred loans", in relation to article 20, has the meaning

given to it by that article.

Establishment, functions and conduct of affairs of the

Authority

(1) There shall be a body, to be known as the Housing

Authority.

(2) The Authority shall be a body corporate having a distinct

legal personality and shall be capable, subject to the provisions of

this Act, of entering into contracts, of acquiring, holding and

disposing of any property or rights for the purpose of its functions,

of suing and being sued, and of doing all such things and of

entering into all such transactions as are incidental or conducive to

the performance of its functions under this Act.

(3) The Authority shall be composed of the Chairman

appointed under article 5(2) and the Board established under article

(1) Tkun funzjoni tal-Awtorità li tiżviluppa, tippromovi

jew tiffinanzja l-iżvilupp ta’, u li tamministra, estates tad-djar u

akkomodazzjoni oħra residenzjali u kummerċjali u faċilitajiet u

amenitajiet li għandhom x’jaqsmu magħhom, li tippromovi u

tiffinanzja home ownership u b’mod ġenerali li ttejjeb il-qagħda

tad-djar f’Malta.

(2) Bla ħsara għad-disposizzjonijiet ta’ dan l-Att u bla

preġudizzju għall-ġeneralità tas-subartikolu (1), l-Awtorità tista’

(a) takkwista, iżżomm, tixtri, tamministra u b’kull mod

ieħor tiddisponi minn kull proprjetà kemm mobbli

kemm immobbli

AWTORITÀ TAD-DJAR

Iżda meta tkun qiegħda tneħħi xi proprjetà mhux

residenzjali li hi proprjetà tal-Gvern sitwata f’oqsma

tad-djar tal-gvern li hija trasferita lill-Awtorità skont l-

artikolu 12, l-Awtorità għandha taġixxi skont id-

disposizzjonijiet tal-Att dwar it-Trasferiment ta’

Artijiet tal-Gvern li għandhom għall-finijiet ta’ dan il-

proviso japplikaw mutatis mutandis għall-Awtorità;

(b)

tiżviluppa, jew tieħu ħsieb l-iżvilupp ta’, kull art għal

skopijiet residenzjali u kummerċjali u għal skopijiet

konnessi ma’ dan jew anċillari għalih;

tibni, jew tieħu ħsieb il-bini ta’, kull proprjetà għal

skopijiet residenzjali u kummerċjali u għal skopijiet

konnessi ma’ dan jew anċillari għalih;

(d)

tipprovdi, timmaniġġa, tamministra u tirrevedi skemi

relatati ma’ djar;

(e)

tamministra, tmantni, iżżomm fi stat tajjeb, tagħmel

tiswijiet strutturali ta’ akkomodazzjoni residenzjali u

kummerċjali u tiswijiet ġenerali ta’ arei komuni ta’

proprjetajiet li huma proprjetà tagħha jew amministrati

minnha u faċilitajiet u kumditajiet relatati;

(f)

tiżviluppa u ssebbaħ arei li jdawru proprjetajiet li

huma proprjetà tagħha jew amministrati minnha,

inklużi arei pubbliċi, ġonna, faċilitajiet rikreattivi u

spazji miftuħin;

(g)

tagħmel riġenerazzjoni urbana u tal-pajsaġġ;

(h)

twettaq żgumbramenti u spezzjonijiet skont id-

dispożizzjonijiet tal-artikolu 29, u tinforza d-drittijiet

tagħha fil-liġi jew skont l-iskemi amministrati mill-

Awtorità, jew id-drittijiet kuntrattwali tagħha li joħorġu

mill-kuntratti ta’ kiri tagħha ma’ terzi benefiċjarji tal-

iskemi tagħha fil-każijiet kollha relatati ma’ proprjetà li

hija proprjetà tagħha jew amministrata minnha;

(i)

tiġbor kera, ċens jew annwalitajiet jew arretrati oħra

mill-proprjetajiet li huma proprjetà tagħha jew

amministrati minnha;

(j)

tassumi s-setgħat, drittijiet u obbligi kollha vestiti fid-

Direttur tal-Akkomodazzjoni Soċjali li joħorġu mill-

Att dwar id-Djar jew xi liġi oħra;

(k) tiffinanzja l-akkwist u l-iżvilupp ta’ kull art, kemm

jekk dan l-akkwist jew żvilupp ikun se jsir mill-

Awtorità kemm jekk minn oħrajn, inklużi individwi;

(l) tagħmel kwalunkwe xorta ta’ investiment u, jew

tamministra kwalunkwe flus li tirċievi mingħand

entitajiet pubbliċi kif hija tqis xieraq u spedjenti skont il-

funzjonijiet tagħha;

(m) tagħmel dawk il-ħlasijiet, kemm b’mod ta’ sussidju

kemm b’mod ieħor, li hi tista’ tqis xieraq għal kull

skop imsemmi hawn qabel jew għal kull skop ieħor li

għandu x’jaqsam mal-funzjonijiet tagħha;

(n) taġixxi bi ftehim mal-Gvern bħala aġent biex twettaq,

AWTORITÀ TAD-DJAR

jew biex tmexxi ’l quddiem il-politika tal-Gvern dwar

id-djar, inkluż kull proġett jew pjan tal-Gvern dwar id-

djar;

(o)

tagħti pariri lill-Ministru dwar kull ħaġa li għandha

x’taqsam mal-funzjonijiet tagħha jew li l-Ministru

jista’ minn żmien għal żmien jibgħat lill-Awtorità

għall-parir;

(p)

talloka proprjetajiet li huma proprjetà tagħha jew

amministrati minnha u tittrasferixxi limitatament dawk

il-proprjetajiet li huma proprjetà tagħha lil persuni, kemm

fiżiċi u ġuridiċi, skont iċ-ċirkostanzi, li jikkwalifikaw

sabiex

jibbenefikaw

mill-iskemi

attivi

ta’

akkomodazzjoni soċjali kif ippubblikati, ġestiti,

amministrati u riveduti mill-Awtorità minn żmien għal

żmien;

(q)

tirrikonoxxi kwalunkwe persuni fiżiċi u, jew ġuridiċi

bħala inkwilini fi proprjetà tagħha jew amministrati

minnha;

(r)

talloka proprjetajiet li huma proprjetà tagħha jew

amministrati minnha u tittrasferixxi limitatament dawk

il-proprjetajiet li huma proprjetà tagħha lil

fondazzjonijiet, assoċjazzjonijiet, għaqdiet volontarji

jew persuni ġuridiċi oħra rikonoxxuti bħala hekk mill-

Kummissarju għall-Organizzazzjonijiet Volontarji, li

jikkwalifikaw bħala benefiċjarji skont l-iskemi attivi

ta’ akkomodazzjoni speċjalizzata kif ippubblikati,

ġestiti, amministrati jew riveduti mill-Awtorità minn

żmien għal żmien;

(s)

b’mod ġenerali tagħmel kull ħaġa li tkun inċidentali jew

li twassal biex jintlaħqu kwalunkwe funzjonijiet tagħha

jew biex teżerċita kwalunkwe mis-setgħat tagħha."

(3) Id-disposizzjonijiet li ġejjin għandhom iseħħu dwar il-

funzjonijiet u s-setgħat tal-Awtorità

(a) meta l-funzjoni jew setgħa tinvolvi l-iżvilupp ta’ art

biex jittella’ jew isir xi bini fuqha, jew biex isiru

tiswijiet stutturali jew manutenzjoni ta’ xi bini jew

xogħlijiet oħra, l-Awtorità tista’ taqdi dawk il-

funzjonijiet direttament jew billi tagħti appalti;

(b) kull funzjoni jew setgħa oħra tal-Awtorità tista’, bl-

approvazzjoni tal-Ministru, u għandha jekk il-Ministru

hekk jordna, tiġi moqdija jew eżerċitata b’xi

dipartiment tal-Gvern, jew korp jew persuna oħra,

bħala aġent tal-Awtorità;

(ċ) il-qadi jew l-eżerċizzju ta’ xi funzjoni jew setgħa tal-

Awtorità kif provdut f’dan is-subartikolu għandhom

isiru taħt arranġamenti miftehma bejn l-Awtorità u l-

aġent tagħha u skont id-direttivi li l-Awtorità tista’

minn żmien għal żmien tagħti lill-aġent tagħha.

(4) Minkejja kull liġi oħra, meta xi funzjoni jew setgħa tal-

Awtorità tiġi moqdija jew eżerċitata permezz ta’ aġent kif provdut

AWTORITÀ TAD-DJAR

fis-subartikolu (3), l-azzjonijiet kollha u l-atti u l-proċeduri kollha

ġudizzjarji li jinħolqu minn jew għandhom x’jaqsmu ma’ kull ħaġa

li dwarha l-aġent jimxi għal u f’isem l-Awtorità għandha tittieħed u

ssir minn u kontra dak l-aġent f’isem l-Awtorità.

(5) Biex taqdi kull funzjoni tagħha skont dan l-Att, l-Awtorità

tista’, bl-approvazzjoni bil-miktub tal-Ministru mogħtija wara

konsultazzjoni mal-Ministru responsabbli għall-finanzi, tissellef

jew tiġbor flus b’dak il-mod, mingħand dik il-persuna, korp jew

awtorità, u taħt dawk il-pattijiet u kondizzjonijiet li l-Ministru,

wara konsultazzjoni kif intqal qabel, jista’ japprova bil-miktub.

(6) Il-Ministru responsabbli għall-finanzi jista’, wara

konsultazzjoni mal-Ministru, jagħmel avvanzi lill-Awtorità ta’

dawk is-somom li hu jaqbel li jkunu meħtieġa mill-Awtorità biex

taqdi kull funzjoni tagħha skont dan l-Att, u jista’ jagħmel dawk l-

avvanzi fuq dawk il-pattijiet u kondizzjonijiet li, wara l-imsemmija

konsultazzjoni, jidhirlu xierqa. Kull avvanzi bħal dawk jistgħu jsiru

mill-Ministru responsabbli għall-finanzi mill-Fond Konsolidat, u

mingħajr approprjazzjoni oħra ħlief dan l-Att, b’warrant iffirmat

minnu li jawtorizza lill-Accountant General biex jagħmel dawk l-

avvanzi.

(7) L-Awtorità tista’, bil-kunsens tal-Ministru, tieħu sehem fil-

formazzjoni ta’ kumpanija, fondazzjoni, assoċjazzjoni jew kwalunkwe

korp ġuridiku ieħor li jkun rikonoxxut skont id-dispożizzjonijiet tat-

Tieni Skeda li tinsab mal-Kodiċi Ċivili, jew tidħol fi proġetti bi sħab

jew f’soċjetà bil-għan li tkun tista’ twettaq kwalunkwe mill-funzjonijiet

tagħha.

(1)

L-Awtorità għandu jkollha l-funzjoni li tissorvelja l-

attivitajiet u l-kirjiet residenzjali privati kollha li jaqgħu fil-kamp ta’

applikazzjoni tal-Att dwar Kirjiet Residenzjali Privati, biex tiżgura li

dawn il-kirjiet residenzjali privati kollha jkunu skont ir-rekwiżiti tal-

imsemmi Att u tista’ għal tali skop titlob u tikseb l-assistenza tal-Korp

tal-Pulizija, kull dipartiment tal-Gvern jew kwalunkwe aġenzija tal-

Gvern.

(2)

L-Awtorità għandha tkun speċifikament intitolata li

tissorvelja

(a)

dawk il-kirjiet residenzjali privati magħmula

wara d-dħul fis-seħħ tal-imsemmi Att;

(b)

kwalunkwe okkupazzjoni mingħajr titolu skont l-

artikolu 20 tal-imsemmi Att li teżisti wara d-dħul fis-seħħ tal-

imsemmi Att

Iżda l-oneru tal-prova li kwalunkwe attività ta’ kiri mhix

konformi mar-regoli fis-seħħ dak iż-żmien huwa fuq l-Awtorità

Iżda wkoll li l-Awtorità għandu jkollha d-dritt li

tirrappreżenta kull okkupant mingħajr titolu fi kwalunkwe

proċedura taħt l-artikolu 21 tal-Att dwar Kirjiet Residenzjali

AWTORITÀ TAD-DJAR

Privati.

L-Awtorità għandha wkoll tamministra u torganizza l-Panel ta’

Arbitraġġ għal kirjiet residenzjali privati u tassumi kontroll

amministrattiv tal-uffiċjali u l-impjegati tagħha.

4Ċ. L-Awtorità tista’ wkoll tiġbor informazzjoni, dettalji u

statistika dwar l-attivitajiet u l-kirjiet residenzjali kollha li jaqgħu fil-

kamp ta’ applikabbiltà tal-Att dwar Kirjiet Residenzjali Privati,

sabiex tanalizza sitwazzjonijiet fattwali li jirriżultaw fis-suq tal-kirjiet

residenzjali privati u sussegwentament, kemm waħidha kif ukoll

b’kollaborazzjoni ma’ entitajiet pubbliċi oħra, tista’ minn żmien għal

żmien wkoll tippubblika statistika, indiċi tal-prezzijiet, linji gwida u

dokumenti ta’ politika dwar il-kirjiet residenzjali privati f’Malta u

Għawdex.

(1)

Fejn persuna tħalli oġġetti li jikkostitwixxu ingombru

fil-partijiet komuni, jew fuq kwalunkwe art, jew ġewwa proprjetà tal-

Awtorità jew b’xi kwalunkwe mod proprjetà amministrata mill-

Awtorità skont id-dispożizzjonijiet ta’ dan l-Att, jew li fuqha l-

Awtorità teżerċita kwalunkwe jedd li joħroġ minn ftehim viġenti ma’

terzi, u dan mingħajr il-permess espress tal-Awtorità, u tali ingombru

jfixkel il-jeddijiet ta’ terzi jew tal-Awtorità u dan minkejja n-notifika

ta’ att ġudizzjarju lill-persuna mill-Awtorità, li jkun fiha ordni sabiex

jitneħħa l-oġġett ta’ ingombru fi żmien ħmistax (15)-il jum mid-data

tan-notifika, iċ-Chairman u, jew uffiċjali tal-Awtorità kif delegati mill-

istess Chairman, għandu jkollhom is-setgħa li jneħħu dawn l-oġġetti

ta’ ingombru.

(2)

Fil-każ tas-subartikolu (1) l-ispejjeż inkorsi mill-Awtorità

biex jitneħħew dawn l-oġġetti ta’ ingombru għandhom jiġu meqjusa

bħala dejn dovut lill-Awtorità u l-Awtorità għandu jkollha l-jedd li

tirkupra dan id-dejn skont id-dispożizzjonijiet ta’ dan l-Att.

(3)

L-Awtorità għandu jkollha l-jedd li tiddisponi mill-oġġetti li

jikkostitwixxu ingombru kif jidhrilha xieraq u opportun jekk fi żmien

sebat (7) ijiem li tneħħi l-oġġetti skont is-subartikolu (1), is-sid tal-

oġġetti ta’ ingombru ma jiġborhomx mingħand l-Awtorità.

(4) Fi kwalunkwe każ l-Awtorità ma għandhiex tkun responsabbli

għal kwalunkwe danni jew ħsarat, minbarra dawk li jinħolqu biss mir-

responsabbiltà għan-negliġenza grossolana tagħha.

(1) L-Awtorità tad-Djar għandu jkollha l-jedd tistitwixxi

kwalunkwe proċeduri amministrattivi jew ċivili li l-Awtorità tista’

tagħmel użu minnhom skont il-liġi f’każ illi jinstab

(a) illi kwalunkwe persuna jew persuni qegħdin jokkupaw

kwalunkwe proprjetà u, jew art li tkun proprjetà tal-

Awtorità u, jew amministrata mill-Awtorità mingħajr

kwalunkwe titolu validu skont il-liġi jew permezz ta’

AWTORITÀ TAD-DJAR

kwalunkwe pretensjonijiet abbużivi li jmorru kontra d-

dispożizzjonijiet ta' dan l-Att, ta’ ftehim viġenti bejn l-

Awtorità u terzi, jew kwalunkwe regolamenti oħra jew

ordni magħmula taħt dan l-Att;

(b) illi twettqet kwalunkwe alterazzjoni jew bidla

strutturali ġewwa kwalunkwe proprjetà li l-Awtorità

hija s-sid tagħha mingħajr il-kunsens espress tal-

Awtorità, jew twettaq xi żvilupp fuq kwalunkwe art

jew arja li l-Awtorità hija s-sid tagħha mingħajr il-

kunsens espress tal-Awtorità jew jekk kwalunkwe

persuna tonqos milli tikkonforma jew li tara li jkun

hemm konformità ma’ kwalunkwe kondizzjoni,

restrizzjoni, jew limitazzjoni oħra imposta mill-

Awtorità;

(ċ) illi xi persuna jew persuni biddlu l-użu tal-proprjetà

minn dak oriġinarjament stipulat fi kwalunkwe ftehim

mal-Awtorità mingħajr il-kunsens bil-miktub tal-istess

Awtorità; u

(d) illi xi persuna jew persuni kkawżaw ħsara, danni u

distruzzjoni fuq il-proprjetà tal-Awtorità jew ta’ terzi

minħabba atti jew ommissjonijiet tal-persuna jew

persuni u, jew jekk dik il-persuna jew dawk il-persuni

kisru wkoll it-termini u, jew kondizzjonijiet tal-ftehim

eżegwit mal-Awtorità, kif applikabbli.

(2)

Fil-każijiet stipulati f’dan l-artikolu, l-ispejjeż inkorsi mill-

Awtorità biex jiġu rimedjati dawn il-vjolazzjonijiet għandhom jiġu

meqjusa bħala dejn dovut lill-Awtorità u l-Awtorità għandu jkollha l-

jedd li tirkupra dan id-dejn skont id-dispożizzjonijiet ta’ dan l-Att.

(3)

L-Awtorità għandu jkollha l-jedd li tagħmel talba speċifika

lil Qorti jew Tribunal kompetenti sabiex kwalunkwe persuna u, jew

persuni li jkunu wettqu kwalunkwe alterazzjoni jew bidla strutturali

kontemplata fil-paragrafu (b) tas-subartikolu (1) ireġġgħu lura l-

proprjetà in kwistjoni fil-kondizzjonijiet li kienet fihom qabel ma ġiet

effettwata l-alterazzjoni jew bidla li tinstab li tkun qiegħda tikser id-

dispożizzjonijiet ta’ dan l-Att jew ta’ kwalunkwe ftehim eżegwit mal-

Awtorità, u dan l-ordni għandu jitwettaq unikament għas-spejjeż tal-

persuna jew persuni li kkawżaw dawn il-bidliet illeċiti.

(4) Fi kwalunkwe każ, l-Awtorità m’għandhiex tkun responsabbli

għal kwalunkwe danni jew ħsarat ikkawżati mill-atti u, jew

ommissjonijiet tal-okkupanti ta’ proprjetajiet residenzjali li huma

proprjetà tal-Awtorità jew amministrati minnha, meta tali atti u, jew

ommissjonijiet jinstabu li twettqu mill-imsemmija okkupanti mingħajr

il-kunsens tal-Awtorità kif kontemplat f’dan l-artikolu.

(1) L-affarijiet, in-negozju u t-twettiq tal-funzjonijiet tal-

Awtorità għandhom ikunu r-responsabbiltà tal-Bord

Iżda bla ħsara għad-dispożizzjonijiet tal-artikolu 7A u għal

kwalunkwe direttiva tal-imsemmi Bord, it-tmexxija amministrattiva

tal-Awtorità, l-organizzazzjoni u t-tfassil ta’ kwalunkwe pjan ta’ ħidma

AWTORITÀ TAD-DJAR

tal-Bord, il-komunikazzjoni formali tad-deċiżjonijiet uffiċjali lill-

Uffiċjal Kap Eżekuttiv u l-monitoraġġ tal-implimentazzjoni tad-

direttivi li jittieħdu mill-istess Bord, għandhom ikunu r-responsabbiltà

taċ-Chairman tal-Awtorità, li għandu jkollu wkoll dawk is-setgħat l-

oħra li jistgħu minn żmien għal żmien jiġu mogħtija lilu mill-Bord.

(2) Iċ-Chairman tal-Awtorità għandu jinħatar mill-Ministru

għal dak il-perijodu li l-Ministru jidhirlu xieraq. Il-Ministru jista’

wkoll isemmi membru ieħor tal-Awtorità bħala viċi chairman, u l-

membru li jiġi hekk appuntat ikollu s-setgħat kollha u jaqdi dawk

il-funzjonijiet kollha ta’ Chairman fin-nuqqas tiegħu jew meta dan

ma jkunx jista’ jagħmilha ta’ chairman, jew meta jkun bil-vakanzi,

jew matul xi żmien li l-kariga ta’ chairman tkun battala; u l-

Ministru jista’ wkoll, f ’kull waħda miċ-ċirkostanzi msemmija,

jaħtar persuna oħra bħala chairman u f ’dak il-każ id-

disposizzjonijiet ta’ qabel għandhom japplikaw dwar dik il-

persuna.

4. (1) It shall be the function of the Authority to develop, to

promote and finance the development of, and to administer,

housing estates and other residential and commercial accommo-

dation and related facilities and amenities, to promote and finance

home ownership and generally to improve housing conditions in

Malta.

(2) Subject to the provisions of this Act and without prejudice

to the generality of subarticle (1), the Authority may

(a) acquire, hold, purchase, administer and in any manner

dispose of, any property both movable and immovable

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Provided that in the disposal of Government owned

non-residential property situated in government

housing estates which is transferred to the Authority in

accordance with article 12, the Authority shall act in

accordance with the provisions of the Disposal of

Government Land Act which shall for the purposes of

this proviso apply mutatis mutandis to the Authority;

(b) develop, or cause the development of, any land for

residential and commercial purposes and for purposes

connected therewith or ancillary thereto;

(c) construct, or cause the construction of, any property

for residential and, or commercial purposes and for

purposes connected therewith or ancillary thereto;

(d) provide, manage, administer and revise schemes

related to housing;

(e) administer, maintain, upkeep, carry out structural

repairs of residential and commercial accommodation

and general repairs of common areas of properties

owned or administered by it and related facilities and

amenities;

(f) develop and embellish areas surrounding properties

owned or administered by it, including public areas,

gardens, recreational facilities and open spaces;

(g) carry out urban regeneration and landscaping;

(h) carry out evictions and inspections in accordance with

article 29, and enforce its rights at law or in terms of the

schemes administered by the Authority, or its contractual

rights emanating from its lease agreements with third

party beneficiaries of its schemes in all cases related to

property owned or administered by it;

(i) collect rent, ground rent or other annuities or arrears

from all properties owned or administered by it;

(j)

assume all the powers, rights and obligations vested in

the Director of Social Housing emanating from the

Housing Act or any other law;

(k) finance the acquisition and the development of any

land, whether such acquisition or development is to be

made by the Authority or by others, including

individuals;

(l) make any form of investment and, or administer any

moneys received from public entities as it deems proper

and expedient according to its functions;

(m) make such payments, whether by way of subsidy or

otherwise which it may deem appropriate for any of

the purposes aforesaid and for any other purpose

related to its functions;

(n) act by agreement with the Government as agent for

implementing, or in furtherance of, the policy of the

Government with respect to housing, including any

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project or plan of the Government relating to housing;

(o)

advise the Minister, on any matter relating to its

functions or which the Minister may from time to time

refer to the Authority for advice;

(p)

allocate properties owned by it or administered by it and

limitedly transfer those properties owned by it to persons,

both natural and legal, according to the circumstances,

who qualify to benefit from the active schemes of social

accommodation as published, managed, administered and

reviewed by the Authority from time to time.

(q)

recognize any physical and, or legal person as a tenant

within a property owned by it or administered by it;

(r)

allocate properties owned by it or administered by it

and limitedly transfer those properties owned by it to

foundations, associations, voluntary organisations or

other juridical persons recognised as such by the

Commissioner for Voluntary Organisations, which

qualify as beneficiaries under active schemes of

specialised accommodation as published, managed,

administered or reviewed by the Authority from time

to time;

(s)

generally do all such things as may be incidental or

conducive to any of its functions or to the exercise of any

of its powers.

(3) The following provisions shall have effect with respect to

the functions and powers of the Authority

(a) where the function or power involves the development

of land by the erection or construction thereon, or the

carrying out of any structural repairs or the

maintenance of any buildings or other works, the

Authority may carry out such functions directly or by

means of a grant of contract of works;

(b) any other function or power of the Authority may, with

the approval of the Minister, and shall, if the Minister

so directs, be performed or exercised through the

agency of a department of Government or of any other

body or person;

(c) the performance or exercise of any function or power

of the Authority as provided in this subarticle shall be

made under arrangements agreed between the

Authority and its agent and in accordance with such

directions as the Authority may from time to time give

to its agent.

(4) Notwithstanding any other law, where any function or

power of the Authority is performed or exercised through an agent

as provided in subarticle (3), all judicial actions, acts and

proceedings arising from or relating to any matter in respect of

which an agent acts for and on behalf of the Authority shall be

taken or made by or against such agent in the name of the

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(5) For the purpose of carrying out any of its functions under

this Act, the Authority may, with the approval in writing of the

Minister given after consultation with the Minister responsible for

finance, borrow or raise money in such manner, from such person,

body or authority, and under such terms and conditions as the

Minister, after consultation as aforesaid, may in writing approve.

(6) The Minister responsible for finance may, after consultation

with the Minister, make advances to the Authority of such sums as

he may agree to be required by the Authority for carrying out any

of its functions under this Act, and may make such advances on

such terms and conditions as he may, after consultation as

aforesaid, deem appropriate. Any such advance may be made by the

Minister responsible for finance out of the Consolidated Fund, and

without further appropriation other than this Act, by warrant under

his hand authorising the Accountant General to make such advance.

(7) The Authority may, with the consent of the Minister, take part

in the formation of a company, foundation, association or any other legal

body which is recognised in accordance with the provisions of the

Second Schedule to the Civil Code, or enter into joint ventures or

partnerships for the purpose of fulfilling any of its functions.

4A. (1)

The Authority shall have the function to monitor all

activities and private residential leases falling within the scope of the

Private Residential Leases Act, to ensure that all such private

residential leases are in accordance with the requirements of the said

Act and may for such purpose request and obtain the assistance of the

Police Force, any department of Government or any agency of

Government.

(2)

The Authority shall specifically be entitled to monitor

(a)

such private residential leases entered into after

the entry into force of the said Act;

(b)

any occupation without title according to article

20 of the said Act existing after the coming into force of the said

Act

Provided that the onus of proof that any rental

activity is not in compliance with rules in force at the time is on

the Authority

Provided further that the Authority shall have the

right to represent any occupant without title in any proceedings

under article 21 of the Private Residential Leases Act.

4B. The Authority shall also administer and organise the

Adjudicating Panel for private residential leases and assume

administrative control of its officers and employees.

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4C. The Authority may also gather information, details and

statistics about all the activities and private residential leases falling

within the scope of applicability of the Private Residential Leases

Act, in order to analyse factual situations arising in the private

residential lease market and subsequently, both on its own or in

collaboration with other public entities, may from time to time also

publish statistics, price indexes, guidelines and policy documents

about the private residential leases in Malta and Gozo.

4D. (1)

Where a person leaves things that constitute an

obstruction in common parts, or on any land, or within property owned

by the Authority or in any way administered by the Authority in

accordance with the provisions of this Act, or upon which the

Authority exercises any right emanating from an agreement in force

with third parties, without the explicit permission of the Authority, and

such obstruction molests the rights of third parties or the Authority and

this notwithstanding the service of judicial letters to the person by the

Authority, containing an order to remove the obstructive thing within

fifteen (15) days from the date of the service, the Chairman and, or

officials of the Authority delegated by said Chairman, shall have the

power to remove such obstructive things.

(2)

In the case of sub-article (1), the expenses incurred by the

Authority in removing the obstructive things shall be considered as

debts due to the Authority and the Authority shall have the right to

recover these debts in accordance with the provisions of this Act.

(3)

The Authority shall have the right to dispose of the

obstructive things as it deems fit and proper if the owner of the

obstructive things fails to pick them up from the Authority within

seven (7) days from when the things are removed according to sub-

article (1).

(4) In any case the Authority shall not be held liable for any

damages or breakages except those arising solely from its responsibility

to avoid gross negligence.

4E. (1)

The Housing Authority shall have the right to

institute any administrative or civil procedures which the Authority

may avail of in accordance to law if it is found that

(a)

any person or persons occupy any property and,

or land owned by the Authority and, or administered by the

Authority without any valid legal title or by means of any

abusive pretext which is contrary to the provisions of this Act,

of an agreement in force between the Authority and third

parties, or any other regulations or orders made according to

this Act;

(b)

any alterations or structural changes are carried

out within any property owned by the Authority without the

express consent of the Authority, or any development on any

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land or airspace owned by the Authority is carried out without

the express consent of the Authority or if any person fails to

comply or to cause compliance with any condition, restriction

or other limitation imposed by the Authority;

(c)

any person or persons changed the use of the

property from that originally stipulated in any agreement

entered into with the Authority without the written consent of

said Authority; and

(d)

any person or persons caused harm, damages and

destruction to the Authority’s or third parties’ property due to

acts or omissions of the person or persons and, or if such person

or persons also breached the terms and, or conditions of the

agreement executed with the Authority, as applicable.

(2)

In the cases stipulated in this article, the expenses incurred

by the Authority in remedying these violations shall be considered as

debts due to the Authority and the Authority shall have the right to

recover these debts in accordance with the provisions of this Act.

(3)

The Authority shall have the right to make a specific request

to the competent Court or Tribunal to order any person and, or

persons, who have committed any structural alteration or change as

contemplated in paragraph (b) of sub-article (1) to revert the property

in question to the conditions it was in prior to the execution of the

alteration or change which is found to be in breach of the provisions of

this Act or any agreement entered into with the Authority, and such

order shall be carried out at the sole expense of the person or persons

who caused the illicit changes.

(4) In any case, the Authority shall not be held liable for any

damages or harm caused by the acts and, or omissions of occupants of

residential properties which are owned by the Authority or administered

by it, when such acts and, or omissions are found to have been

committed by said occupants without the consent of the Authority as

contemplated in this article.

5. (1) The affairs, business and the carrying out of the functions

of the Authority shall be the responsibility of the Board

Provided that subject to the provisions of article 7A and to any

directions of the said Board, the administrative conduct of the

Authority, the organisation and devising of any plan of action of the

Board, the formal communication of official decisions to the Chief

Executive Officer and the monitoring of implementation of the

directions taken by the said Board, shall be the responsibility of the

Chairman of the Authority, who shall also have such other powers as

may from time to time be delegated to him by the Board.

(2) The Chairman of the Authority shall be appointed by the

Minister for such period as the Minister may deem appropriate. The

Minister may also designate another member of the Board as

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deputy chairman, and the member so designated shall have all the

powers and perform all the functions of the Chairman during his

absence or inability to act as chairman, or while he is on vacation,

or during any vacancy in the office of chairman; and the Minister

may also, in any of the circumstances aforesaid, appoint another

person to act as chairman and in such case the foregoing provisions

shall apply in respect of such person.

6. (1) There shall be a Board of Directors of the Housing

Authority, which shall be composed of the Chairman and a

minimum of six but not more than eleven other voting members.

(2) The members of the Board shall be appointed, by the

Minister, from among persons who appear to him to be qualified by

reason of having had experience of, and shown capacity in, matters

relating to housing or property development, banking, finance,

architecture, design, social policy, management, organisation of

workers or employees, industry, trade or administration, and the

Minister may also choose one or more members from among public

officers. One of the members shall be a person with disability.

(3) The Board shall be responsible for the formulation of

policies to be pursued by the Authority in the carrying out of its

functions. In determining policies the Board shall follow such

guidelines as may be set out by Government. Such policies shall be

in writing and shall be made public.

(4) The members of the Board shall receive, out of funds of the

Authority, such remuneration as the Minister may, from time to

time, determine.

(5) The provisions of the Criminal Code in respect of public

officers or employees shall apply to the members of the Board and

to all other officers and employees of the Authority.

(6) A person shall be disqualified for appointment to, or from

remaining a member of, the Authority if he

(a) is a member of the House of Representatives, or of a

Local Council, or a candidate for election to the House

of Representatives or to a Local Council; or

(b) has such a financial or other interest in any enterprise

or activity as is likely to affect prejudicially the

discharge by him of his functions as a member of the

Authority; or

(c) is legally incapacitated or interdicted; or

(d) has been adjudged bankrupt or has made a composition

or arrangement with his creditors; or

(e) has been convicted of a crime affecting public trust or

of theft or of fraud or of knowingly receiving property

obtained by theft or fraud.

(7) Subject to the provisions of subarticle (8), the members of

the Authority shall hold office for such period and on such terms

and conditions as the Minister may deem appropriate; and a

m e m b e r s h a l l , o n c e a s i n g t o b e a m e m b e r, b e e l i g i b l e f o r

HOUSING AUTHORITY

reappointment.

(8) A member of the Authority may resign from office by letter

addressed to the Minister; and if during his tenure of office there is

a change in the person of the Minister, every such member shall

tender his resignation to the new Minister.

(9) A member of the Authority may be removed from office by

the Minister if, in his opinion, such member is unfit to continue in

office; or has become incapable of, or is not, properly performing

his duties as a member; or in the event of any of the circumstances

which disqualify such person from remaining a member of the

Authority.

(10) The appointment and termination of office of any person as

member of the Authority shall be notified in the Gazette.

(11) Any member of the Authority who has any direct or indirect

interest in any contract made or proposed to be made by the

Authority, not being an interest which disqualifies such member

from remaining a member, shall disclose the nature of his interest

at the first meeting of the Board after the relevant facts have come

to his knowledge; such disclosure shall then be recorded in the

minutes of the meeting of the Board, and the member having an

interest as aforesaid shall withdraw from any meetings at which

such contract is discussed or decided on by the Board. Any such

disclosure shall be communicated to the Minister without delay.

Where the interest of the member is such as to disqualify him from

remaining a member, he shall report the fact immediately to the

Minister and tender his resignation.

(1) The Board shall meet as often as necessary or expedient,

but in no case less than once every six (6) weeks. The meetings of the

Board shall be called by the Chairman either on his own initiative

or at the request of any two of the other members. Without

prejudice to the other requirements of this Act, no decision of the

Board shall be valid which is not supported by a majority of the

members of the Board.

(2) Half the number of members for the time being constituting

the Board shall form a quorum at any meeting of the Board.

Decisions shall be adopted by a simple majority of the votes of the

members present and voting. The Chairman, or other member

presiding at the meeting, shall have an initial vote and, in the event

of an equality of votes, a casting vote.

(3) In the absence of the Chairman at any meeting of the Board,

the deputy chairman, or other person appointed to act as chairman,

or, if no other member or person has been designated or appointed

as such, a member of the Board chosen for that purpose by the other

members present, shall preside at that meeting of the Board.

(4) Subject to the provisions of subarticle (1), no act or

proceeding of the Board shall be invalidated merely by reason of

any vacancy among the members. All acts done by any person

acting in good faith as a member of the Board shall be valid as if he

were a member notwithstanding any defect in his appointment or

qualification; and no act or proceeding of the Board shall be

HOUSING AUTHORITY

questioned on the ground of the contravention by a member of any

of the provisions of article 6(11).

(5) Subject to the provisions of this Act, the Board may

regulate its own procedure.

(6) Minutes of the proceedings of the Board and of any

committee thereof shall be kept. For this purpose and for the

keeping of the relevant records, the Minister shall designate a

person to act as secretary to the Board for such period and on such

terms as the Minister may deem appropriate. The secretary to the

Board shall not have a vote.

(1)

The Minister, after consultation with the Chairman of

the Board of Directors of the Authority, shall appoint a Chief

Executive Officer. Such appointment shall be for a period of three (3)

years which may be extended for further periods of three (3) years

each. The conditions pertaining to the qualification for the

appointment of the members of the Board and to their holding office as

members of the Authority referred to in article 6 shall also pertain to

the appointment of the Chief Executive Officer.

(2)

The Chief Executive Officer shall at the request of the

Board attend the meetings of the Board but shall not vote at such

meetings

Provided that the Authority may, if it so deems fit, request

the Chief Executive Officer not to attend any of the meetings or any

part of a meeting during which the recommendations and decisions

taken by the Chief Executive Officer are discussed.

(3)

The Chief Executive Officer shall be responsible for the

implementation of the objectives of the Authority as set by the Board.

In the exercise of his functions, and without prejudice to the generality

of the foregoing, the Chief Executive Officer shall

(a)

assume the overall supervision and control of the

Departments led by Executive Heads, including the

establishment of Units, Divisions and Sections which in the

opinion of the Chief Executive Officer may be necessary for the

proper functioning of the Authority and assign to such

departments their respective duties;

(b)

co-ordinate the workings of the Departments,

Units, Divisions and Sections and assign to the Departments

such duties which are by, or in accordance with, the provisions

of this Act vested in such Departments, Units, Divisions and

Sections;

(c)

develop the necessary strategies for the ongoing

implementation of the objectives of the Authority;

(d)

give his advice on any matter referred to him or

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on any matter on which he considers his advice necessary or

expedient;

(e)

carry out such other functions and duties as the

Board may assign to him from time to time;

(f)

establish and co-ordinate working groups that are

set up from time to time to draft regulations.

(4)

The Chief Executive Officer shall not hold any other office

or position without the consent of the Board of the Authority.

(5)

The Chief Executive Officer may be dismissed by the Board

at any time for a just cause and it shall be deemed to be a just cause if

the Board determines that he has not achieved the targets and

objectives set for him by the Board.

(6) In the absence of the Chief Executive Officer, or if the Chief

Executive Officer is unable to perform the functions of his office,

whether under this or any other provision of this Act, the Chairperson

of the Board may, following consultation with the Chief Executive

Officer, appoint any one of the officers or employees of the Authority

to act as Acting Chief Executive Officer.

(1) Without prejudice to the provision of article 4(4), the

legal representation of the Authority shall vest in the Chairman

Provided that the Board may designate any one or more of

the other members of the Board, or of the officers or employees of

the Authority, to appear in the name and on behalf of the Authority

in any judicial proceedings and to sign for and on its behalf any

other act, contract, instrument or other document whatsoever.

(2) Any document purporting to be an instrument made or

issued by the Authority and to be signed by the Chairman on behalf

of the Authority shall be received in evidence and shall, until the

contrary is proved, be deemed to be an instrument made or issued

by the Authority.

(1) The Minister shall from time to time communicate to

the Authority the directions of the Cabinet as to the policy to be

followed by the Authority in carrying out its functions and in

exercising its powers under this Act. Such directions may be of a

general character in relation to matters that appear to the Cabinet to

affect the public interest generally and of a specific character in

matters that appear to the Cabinet to affect specific public interests,

in matters concerning the award of contracts, the disposal of

property and the granting of leases and other titles to property, in

matters affecting revenue and in all matters concerning payments

and expenditure generally, as well as in matters relating to the

implementation of the policies, plans or projects of the Government

relating to housing. The Authority shall give effect to all such

directions and shall conduct its affairs accordingly.

(2)

The Minister shall, from time to time, establish committees

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as necessary to assist the Chairman in the discharge of his duties.

(3) The Authority shall afford to the Minister facilities for

obtaining information with respect to the property and activity of

the Authority, and furnish him with returns, accounts and other

information with respect thereto, and afford him facilities for the

verification of information furnished, in such manner and at such

times as he may require. Copies of the minutes of the Board and

any comittees shall be forwarded to the Minister regularly and

without delay.

(1) The Authority may employ at such remuneration and

upon such terms and conditions as the Authority may, with the

approval of the Minister, determine, such officers and employees as

may from time to time be necessary for the due and efficient

exercise of its functions. The terms and conditions of employment

shall be comparable with those of employees in the service of the

Government.

(2) The officers and employees of the Authority shall not have

any direct or indirect interest in any contract made or proposed to

be made by the Authority or in any enterprise which has or

proposes to have any business relations with the Authority, except

such interest as may be allowed under a scheme duly approved by

the Minister and applicable to the officers and employees of the

Authority generally.

(3) The Authority may, with the approval of the Minister given

after consultation with the Minister responsible for finance,

establish a scheme or schemes, whether by contributory or non-

contributory arrangements or partly by one and partly by the other,

for the payment to its officers and employees, or their dependants,

on their retirement, death or injury, of pensions, gratuities and other

like benefits.

(1) The Authority shall, not later than twelve (12) weeks

after the end of each financial year, make and transmit to the

Minister and to the Minister responsible for finance a report

dealing generally with the activities of the Authority during that

financial year and containing such information relating to the

proceedings and policy of the Authority as either of the said

Ministers may from time to time require.

(2) The Minister shall cause a copy of every such report to be

laid on the Table of the House of Representatives as soon as

practicable.

In addition to the powers conferred on him by any or all of

the foregoing provisions of this Act or by the provisions of any other

law, the Chairman shall also have the power to

(a) administer oaths for the purpose of the proper

performance of his functions, as well as for the proper

administration and execution of this Act, which power

he may also delegate to any other officer of the

Authority;

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(b) following consultation with the Board, order any tenant

occupying any dwelling or site upon which the Authority

enjoys any right or with regard to which it shall be obliged

to repair or maintain, to relocate temporarily in another

dwelling or an alternative site which is owned by the

same Authority or upon which it enjoys any right, due

to the presence of imminent danger and in order for the

Authority to be able to carry out urgent structural

repairs or any maintenance or other urgent works

within the Authority’s property or land in accordance

with the provisions of article 4(1)(e) and (3)(a) of the

Act, and the Authority shall also have the right to

request the assistance of the Executive Police to

execute such order;

(c) following consultation with the Board, request any

person, including any public officer in the service of

the Government, any bank or any firm, partnership,

company or corporation to furnish him with all the

information that he may require in order to be able to

arrive at any decision or to revise any decision, which

he may take under the foregoing provisions of this Act.

Notwithstanding the provisions of any other law

requiring secrecy in force before, on or after the

coming into force of this Act, but without prejudice to

the provisions of the General Data Protection Regulation

(Regulation (EU) 2016/679) (‘GDPR’) and the Data

Protection Act, the said officers are hereby authorised

to furnish the Chairman with any such information that

he may require

Provided that except insofar as may be necessary for the

proper discharge of his functions and duties or for the purpose of a

prosecution, the Chairman shall be bound to observe secrecy with

respect to any information furnished to him under this paragraph,

which apart from this paragraph, ought to be treated as secret, and

the provisions of article 133 of the Criminal Code shall apply to any

wilful breach of such duty

Provided further that the provisions of the immediately

foregoing proviso shall also apply to any officer or other employee

of the Authority concerned, who for any reason whatsoever,

becomes aware of such information during the proper discharge of

(d) request any person who is applying to become a

beneficiary under any scheme provided, managed,

administered or reviewed by the Authority from time to

time, or who inhabits a property leased by the Authority, to

produce his income tax returns and, or assessments for the

purpose of establishing his net income or earnings.

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Financial provisions

(1) The immovable assets from time to time specified in

an order made by the President of Malta and published by legal

notice (hereinafter referred to as "the immovable assets") shall,

with effect from such day as may be specified in any such order

(hereinafter referred to as "the appointed day"), and by virtue of

this Act and without further assurance, be transferred to and vest in

the Authority under the same title by which they were held by the

Government before such day

Provided that any such order may also provide for the

transfer of the administration or other rights pertaining to

Government in relation to such immovable assets.

(2) Where in respect of any property or right comprised in the

immovable assets, any act, proceedings or other thing is in the

process of being done or is still operative immediately before the

appointed day under the provisions of the Land Acquisition (Public

Purposes) Ordinance, including any judicial act or other

p r o c e e d i n g , s u c h a c t , p r o c e e d i n g s o r o t h e r t h i n g m a y,

notwithstanding anything contained in this Act, be continued, and

any further acts, proceedings or things may be done, by the

competent authority, within the meaning of that Ordinance, in

accordance with the provisions of that Ordinance as if the property

to which they refer were to be acquired by that authority; but any

such acquisition shall be made by or in the name and for the benefit

of the Housing Authority.

(3) Any sums required to acquire any of the immovable assets,

or any part thereof, or any right in or over such assets, or to

discharge any liability to which they may be subject, and any sums

required to complete, ready for occupation, any of the immovable

assets which are still under construction or not completed as

aforesaid on the appointed day shall, unless different provision is

made in the estimates of the Authority as approved by the House of

Representatives, be paid to the Authority out of the Consolidated

Fund and shall be a charge on such Fund by virtue of this Act and

without further appropriation.

(1) The Authority shall cause to be prepared in every

financial year, and shall not later than twelve (12) weeks after the end

of each financial year, adopt estimates of the income and expenditure

of the Authority for the subsequent financial year.

(2) In the preparation of such estimates the Authority shall take

account of any funds and other moneys that may be due to be paid

to it out of the Consolidated Fund during the relevant financial

year, whether by virtue of this Act or of an appropriation act or of

any other law; and the Authority shall so prepare the said estimates

as to ensure that the total revenues of the Authority are at least

sufficient to meet all sums properly chargeable to its revenue

account, including, but without prejudice to the generality of that

expression, depreciation.

(3) The estimates shall be made out in such form and shall

contain such information and such comparisons with previous years

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as the Minister responsible for finance may direct.

(4) A copy of the estimates shall, upon their adoption by the

Board, be sent forthwith by the Board to the Minister and to the

Minister responsible for finance.

(5) The Minister shall, at the earliest opportunity and not later

than six weeks after he has received a copy of the estimates from

the Board (or if at any time during that period the House is not in

session within six weeks from the beginning of the next following

session), cause such estimates to be laid before the House together

with a motion that the House approves the said estimates. Not less

than one sitting shall be allotted for the debate in the House on such

a motion; and both the motion and the approval of the estimates by

the House may be with or without amendments to the estimates.

(1) No expenditure shall be made or incurred by the

Authority unless it has been approved by the House as provided in

(2)

Notwithstanding the provisions of subarticle (1) -

(a) until the expiration of six months from the beginning

of a financial year, or until the approval of the

estimates for that year by the House, whichever is the

earlier date, the Authority may make or incur

expenditure for carrying on its functions under this Act

not exceeding in the aggregate one-half of the amount

approved by the House for the preceding financial

year;

(b) expenditure approved in respect of a head or sub-head

of the estimates may, with approval of the Minister

given after consultation with the Minister responsible

for finance, be made or incurred in respect of another

head or sub-head of the estimates;

(c) in respect of the first financial year, the Authority may

make or incur expenditure until the approval of the

estimates for that year by the House not exceeding in

the aggregate such amounts as the Minister responsible

for finance may, after consultation with the Minister,

allow;

(d) if in respect of any financial year it is found that the

amount approved by the House is not sufficient or a

need has arisen for expenditure for a purpose not

provided for in the estimates, the Board may adopt

supplementary estimates for approval by the House

and, pending such approval but subject to its being

given, may, with the approval of the Minister

responsible for finance given after consultation with

the Minister, incur the relative expenditure or such part

thereof as the said Minister may so approve; and in

any such case the provisions of this Act applicable to

the estimates shall as near as practicable apply to the

supplementary estimates.

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All estimates and supplementary estimates of the Authority

approved by the House shall, as soon as practicable, be published in

the Gazette.

(1) The Authority shall cause to be kept proper accounts

and other records in respect of its operations, and shall cause to be

prepared a statement of accounts in respect of each financial year.

(2) The accounts of the Authority shall be audited by an auditor

or auditors to be appointed by the Board and approved by the

Minister

Provided that the Minister responsible for finance may, after

consultation with the Minister, require the books and accounts of

the Authority to be audited or examined by the Auditor General

who shall for the purpose have the power to carry out such physical

checking and other verifications as he may deem necessary.

(3) After the end of each financial year, and not later than the

date on which the estimates of the Authority are forwarded to the

Minister under article 13, the Board shall cause a copy of the

statement of accounts duly audited to be transmitted to he Minister

and to the Minister responsible for finance together with a copy of

any report made by the auditors on that statement or on the

accounts of the Authority.

(4) The Minister shall cause a copy of every such statement and

report to be laid before the House of Representatives together with

the motion laid before the House under article 13.

(1) All moneys accruing to the Authority shall be paid into

a bank or banks appointed as bankers of the Authority by a

resolution of the Board. Such moneys shall, as far as practicable, be

paid into any such bank from day to day, except such sum as the

Board may authorise to be retained to meet petty disbursements and

immediate cash payments.

(2) All payments out of the funds of the Authority, other than

petty disbursements not exceeding a sum fixed by the Board, shall

be made by such officer or officers of the Authority as the Board

shall appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank account of

the Authority shall be signed by such officer of the Authority as

may be appointed or designated by the Board for that purpose and

shall be countersigned by the Chairman or such other member of

the Board as may be authorized by the Board for that purpose.

(4)

The Authority shall also make provision with respect to -

(a) the manner in which and the officer or officers by

whom payments are to be authorised or approved;

(b) the title of any account held with the bank or banks

into which the moneys of the Authority are to be paid,

and the transfer of funds from one account to the other;

(c) the method to be adopted in making payments out of

funds of the Authority,

and generally with respect to any matter which is relevant to the

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proper keeping and control of the accounts and books, and the

control of the finances, of the Authority.

Without prejudice to any directions communicated by the

Minister under article 9, the Authority shall not, except with the

approval of the Minister granted for special reasons and after

consultation with the Minister responsible for finance, award or

enter into any contract for the supply of goods or materials or for

the execution of works, to or for the benefit of the Authority, which

is estimated by the Authority to exceed six thousand and nine

hundred and eighty-eight euro and twelve cents (6,988.12) in value

except after notice of the intention of the Authority to enter into the

contract has been published and competitive tenders have been

issued.

The Authority shall be exempt from any liability for the

payment of income tax, duty on documents and customs duty under

any law for the time being in force.

Miscellaneous

(1) Where a public deed is entered into between the

Company and another company or other body corporate designated

in writing by the Minister responsible for finance as the designated

transferee for the purposes of this article (such company or body

being hereinafter referred to as "the transferee") and such deed

transfers or purports to transfer to the transferee any loans or

advances made by the Company, and specified in the deed whereby

they are or are purported to be, transferred by an indication of the

name of the debtor and the date of, and name of the notary

executing, the deed whereby the relative loan or advance was made

(such loans and advances being in this Act referred to as "the

transferred loans"), the deed entered into as aforesaid between the

Company and the transferee shall, with effect from the date on

which such transfer is by the deed to become operative (in this Act

referred to as "the operative date"), effect the transfer to the

transferee of all such loans and advances, and -

(a) such transfer shall effect also the transfer of all rights,

real and personal, relating to the transferred loans,

including any privilege, hypothec, pledge or other

security whatsoever, as well as any rights against

sureties, and in regard to third parties such transfer

shall have effect upon the registration in the Public

Registry of the public deed effecting such transfer by

means of a note containing the designation of the

parties to the deed and the date and nature of such

deed, without any further compliance with any other

requirement of law;

(b) the transfer of any right, liability or other obligation as

aforesaid -

(i) shall not operate as a novation in any such right,

liability or obligation and any such right,

liability or obligation shall continue to have

effect as if there were no change in the holder,

creditor or debtor thereof, and as if they had

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always been rights, liabilities or obligations of,

or in favour or in respect of, the transferee;

(ii) shall not operate as a breach of covenant or

condition, whether statutory or contractual, or

give rise to any forfeiture;

(iii) shall not give rise to the payment of any

premium or penalty, or to any other payment

whatsoever;

(iv) shall not invalidate, release from or discharge

any contract or security;

(c) every contract relating to the transferred loans in force

on the operative date and to which the Company is a

party shall, on and after that date, continue to have

effect and be construed as if -

(i) the transferee had been a party thereto instead of

the Company;

(ii) for any reference (however worded and whether

expressed or implied) to the Company there

were substituted, as respects anything falling to

be done on or after the operative date, a

reference to the transferee;

(iii) for any reference (however worded and whether

expressed or implied) to the directors, or to a

director, officer or employee of the Company

there were substituted, as respects anything

falling to be done on or after the operative date,

a reference to the directors, or to a director,

officer or employee of the transferee, or the

equivalent thereof, as the case may require,

and the provisions of sub-paragraphs (ii) and (iii) of

this paragraph shall apply to any other contract or

document (including any note entered in the Public

Registry) relating to the transferred loans as in force

on the operative date as they apply in relation to a

contract to which the Company is a party;

(d) every account relating to the transferred loans between

the Company and any other person shall, on and after

the operative date, become an account between the

transferee and that other person subject to the same

terms, conditions and incidental matters as applied

before that date, and any such account shall be deemed

for all purposes to be a single continuing account;

(e) any instruction, direction, mandate, power of attorney,

authority or consent given to the Company in relation

to the transferred loans, as in force immediately before

the operative date, shall continue to have effect, on and

after that date, as if given to the transferee;

(f) any security transferred to the transferee which

immediately before the operative date was held by the

Company as security for the payment or discharge of

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any debt, liability or obligation shall, on and after the

operative date, be held by and be available to the

transferee as security for the payment or discharge of

such debt, liability or obligation; and any such security

which extends to future advances or liabilities shall, on

and after the operative date, be held by and be

available to the transferee as security for future

advances by and future liabilities to the transferee in

the same manner in all respects as future advances by

or future liabilities to the Company were secured

thereby before that date;

(g) any judgment or award obtained by or against the

Company in relation to the transferred loans before the

operative date and not fully satisfied on that date shall,

on and after that date, be enforceable by and against

the transferee.

(2) Nothing in subarticle (1) shall preclude the notary receiving

the deed whereby the transferred loans are transferred to the

transferee from entering in any appropriate register at the Public

Registry or in any note registered or enrolled in that Registry such

reference or other annotation as may be appropriate in the

circumstances.

(1) The Prime Minister may, at the request of the

Authority made with the concurrence of the Minister, from time to

time, direct that any public officer be detailed for duty with the

Authority in such capacity and with effect from such date as may be

specified in the direction.

(2) The period during which a direction as aforesaid shall apply

to any officer specified therein shall, unless the officer retires from

the public service, or otherwise ceases to hold office at an earlier

date, or unless a different period is specified in the direction, end

on the happening of the following events

(a) the acceptance by such officer of an offer of permanent

employment with the Authority made in accordance

with the provisions of article 23; or

(b) the revocation by the Prime Minister of any direction

made by him under this article in relation to such

officers.

(1) Where any officer is detailed for duty with the

Authority by any direction under any of the provisions of article 21,

such officer shall, during the time in which such direction has

effect in relation to him be under the administrative direction and

control of the Authority but shall for other intents and purposes

remain and be considered and treated as a public officer.

(2) Without prejudice to the generality of the foregoing, a

public officer detailed for duty as aforesaid

(a) shall not during the time while such officer is so

detailed

(i) be precluded from applying for a transfer to a

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department of the Government in accordance

with the terms and conditions of service attached

to the appointment under the Government held

by that public officer at a date on which he was

detailed for duty; or

(ii)

be so employed that the remuneration and

conditions of service are less favourable than

those which are attached to the appointment

under the Government held by that public officer

at the date he was detailed for duty as aforesaid

or which would have become attached to such

appointment, during the said period, had such

officer not been detailed for duty with the

Authority; and

(b) shall be entitled to have his service with the Authority

considered as service with the Government for the

purpose of any pension, gratuity, or benefit under the

Pensions Ordinance and the Widows’ and Orphans’

Pension Act, and of any other right or privilege to

which that public officer would be entitled, and shall

be liable to any liability to which he would be liable,

but for the fact that he is detailed for duty with the

Authority.

(3) Where an application is made as provided in subarticle

(2)(a)(i), the same consideration shall be given thereto as if the

applicant had not been detailed for duty with the Authority.

(4) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer detailed for duty with the

Authority as aforesaid during the period in which such officer is so

detailed.

(1) The Authority may, with the approval of the Prime

Minister, offer to any officer detailed for duty with the Authority

under any of the provisions of article 21 permanent employment

with the Authority at a remuneration and on terms and conditions

not less favourable than those enjoyed by such officer at the date of

such offer.

(2) The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those

enjoyed by the officer concerned at the date of such offer, if such

terms and conditions, taken as a whole, in the opinion of the Prime

Minister offer substantially equivalent or greater benefits.

(3) Every officer who accepts permanent employment with the

Authority offered that officer, under the provisions of subarticle

(1), shall for all purposes other than those of the Pensions

Ordinance and of the Widows’ and Orphans’ Pensions Act, be

deemed to have ceased to be in service with the Government and to

have entered into service with the Authority on the date of such

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acceptance, and for the purposes of the said Ordinance and of the

said Act, so far as applicable to that officer, service with the

Authority shall be deemed to be service with the Government

within the meanings thereof respectively.

(4) Every such officer as aforesaid who, immediately before

accepting permanent employment with the Authority was entitled

to benefit under the Widows’ and Orphans’ Pensions Act, shall

continue to be so entitled to benefit thereunder to all intents as if

service with the Authority, were service with the Government.

(5) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer who has accepted permanent

employment with the Authority as aforesaid during the period

commencing on the date of such officer’s acceptance.

(6)

For the purposes of this article

(a) posts and salary grades with the Authority shall be

classified in the most nearly corresponding grades and

incremental levels in the service under the

Government by reference to job description, skills,

responsibilities and other analogous factors;

(b) the classification referred to in paragraph (a) shall be

carried out by a board composed of a chairman

appointed by the Minister responsible for finance and

two other members, one appointed by the Minister

responsible centrally for personnel policies in the

public service and one appointed by the Authority. The

classification shall be subject to the final approval of

the Minister responsible for finance;

(c) such classification shall take place within three months

of any adjustment of salaries of employees in

Government service and, or of employees of the

Authority;

(d) no post shall be classified in a grade higher than that of

Grade 3 in the service of the Government or such other

grade as the Minister responsible for finance may,

from time to time, determine by notice in the Gazette;

(e) without prejudice to article 113 of the Constitution, no

person may, following a classification as aforesaid, be

entitled to rights under the Pensions Ordinance less

favourable than those to which that person would have

been entitled prior to such classification.

(1) With effect from the date of entry into force of this

article, all rights, obligations, functions and assets previously

pertaining to the Director of Social Housing shall, by virtue of this

Act, and without further assurance, be transferred to, and shall vest

in the Authority under the same title and authority by which they

were held by the Director immediately before that day.

(2)

Such transfer shall extend to the whole of such assets,

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rights, and obligations and shall include all land, works and other

property, movable and immovable, powers, privileges and causes of

action held or enjoyed in connection therewith or appertaining

thereto.

Subject to the provisions of this Act, all laws, rules,

regulations, orders, judgments, documents, warrants, agreements

and other working arrangements subsisting immediately before the

d a t e o f e n t r y i n t o f o r c e o f t h i s a r t i c l e , a ff e c t i n g a n y t h i n g

transferred to the Authority by virtue of this Act shall have full

force and shall be valid against or in favour of the Authority and

shall be enforceable as if, instead of the Government, the Authority

had been named therein or had been a party thereto, as the case may

be.

(1) Where anything has been commenced by or under the

authority of the Government prior to the date of entry into force of

this article and such thing is in relation to anything transferred to

the Authority by virtue of this Act, such thing may be carried on

and completed by or under the authority of the Authority.

(2) Where on the date of entry into force of this article any

legal proceeding is pending to which the Government is a party or

is entitled to be a party and such proceeding has reference to

anything transferred to the Authority by virtue of this Act, the

Authority shall be substituted in such proceeding for the

Government and shall be entitled to be so substituted.

(3) The Minister may by order make such incidental,

consequential and supplemental provisions as may be necessary or

expedient for the purpose of securing and giving full effect to the

transfer of any undertaking or any right, power, liability or

obligation to the Authority by or under this Act and may make such

orders as may be necessary to make any powers and duties

exercised by the Government, in relation to anything transferred to

the Authority by virtue of this Act, exercisable by and on behalf of

the Authority.

(1) The Minister may, after consultation with the Authority,

make regulations

(a) in respect of any of the functions of the Authority and

in connection with the matter relating to its proper

function;

(b) to establish fees for the provision of any service or any

management of a service by the Authority or by any

person on its behalf or under its authority, including

without prejudice to the generality of the foregoing,

any fees or other charges for any service in connection

with the regulation of any activity by the Authority;

(c) for the making of any deposit or the giving of any

guarantee to ensure the performance of any obligation

by any person imposed as a condition of any permit,

authorisation or licence under this Act;

(d) for the powers and duties of officers, employees and,

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or of contractors appointed by the Authority;

(e)

to regulate, control and prohibit the presence of any

person in any place or building of which the Authority

has a right over, or the ownership of, or the use by any

person of such place or building;

(f)

to regulate, declare and define the properties over

which the Authority has a valid title of ownership or

property over which it has any other legally valid

right;

(g)

to regulate the use of the property of the Authority or

property over which it has a right, whether movable or

immovable;

(h)

to prescribe what type of information held by the

Authority shall be accessible to the public, as well as

to establish the procedure concerning access thereto

and the relative fees to be paid to obtain copies of such

information;

(i)

to exclude the Authority from any liability, other than

liability for gross negligence, incurred in connection

with the execution of its duties under the said

regulations;

(j)

to provide and prescribe Schedules to this Act;

(k)

to provide for the amendment, the substitution or the

addition or the alteration of anything contained in the

Schedules to this Act;

(l)

to prescribe anything that may or is to be prescribed

under this Act or which relates to any function or duty

of the Authority assigned to it by or under this Act, or

by or under any other law.

(2)

Any power conferred by this Act to make regulations or

Schedules includes the power to, from time to time, revoke, substitute,

amend, alter or add to any regulations or Schedules as aforesaid.

(3)

Regulations or orders made in accordance with this article

may, for the purpose of the proper implementation and enforcement

thereof, provide for the granting of the power to the Authority to enter

and search any premises, to have access to any relevant document in

any form, to request any person to provide any relevant information, to

carry an on-site inspection, to issue an order to any person to cease

from doing anything which constitutes an infringement of this Act or

of any regulation or order made thereunder and to demand from any

person an undertaking to desist from doing any such thing and to

publish such undertaking and any decision of the Authority related to

the said regulations.

(4)

The Minister may also make regulations providing for the

discipline of the employees of the Authority or of the contractor,

whether regular or casual, and the procedures to be followed for such

purpose, including the appointment of a disciplinary board and the

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conduct and procedure thereof, and providing for disciplinary actions

that may be taken by the said Board.

(1)

Notwithstanding the provisions of any other law, for

the purposes of carrying out their functions under this Act, the Board

and such officer, employee or committee or any other person as may

be authorised by the Board or the Chairman for this purpose, and if so

required by the Board with the assistance of the Executive Police, shall

have

(a) the right to enter any premises, public or private, at all

reasonable times, and in the case of a residential

accommodation after giving reasonable notice of at

least twenty-four (24) hours and not before seven

o’clock in the morning (7:00am) or later than seven

o’clock in the evening (7:00pm), to inspect or survey

any land, or to take any photographs after entering or

request any legitimate information from any such

occupier of such premises or to carry out any other

urgent structural repairs or any maintenance or urgent

works on the property in accordance with the

provisions of article 4(1)(e) and (3)(a) of the Act

Provided that in the case that the occupant of the property

has not, for any reason whatsoever, received the notice

contemplated in this article, the Authority shall attempt to notify

the closest family members of the occupant if these are known to

the Authority, or in the case that the Authority is informed that the

occupant is a resident of an institution it shall also attempt to serve

the notice to the occupant or those charged with his care in this

institution, as the case may be

Provided further that in the case where the urgent

maintenance or works contemplated in the preceding sub-article

were caused solely by the negligence and, or default from the

obligations of the tenant of the property in question, the Authority

shall have the right to recover the expenses related to these works

by means of the procedures contemplated in article 30; and

(b) the right to do anything that is ancillary or

consequential thereto.

(2)

Any person authorised pursuant to sub-article (1) shall

produce a means of identification issued by the Authority before

entering the premises concerned.

(1)

All expenses reasonably incurred by the Authority in

the exercise of its powers, or any other amount which might be due to

the Authority under any provision of this Act or regulations made

thereunder or under any other law or agreement signed or otherwise

made by it shall be recoverable as a civil debt by the Authority from

the present owner of the land, or from any occupier of the land or

premises, or from any person responsible for the acts mentioned in the

notice, including a notice of payment, or an applicant, subject to such

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right of recovery such person may have against any other person. The

Authority shall not be liable for any damages as a result of the exercise

of its powers under this article, unless it is proved that such damage

resulted from gross negligence on the part of the Authority, its officers

and agents. The Authority, in its discretion, may dispose of the objects

found on the land or premises, without any other formalities

whatsoever if the objects remain unclaimed within seven (7) days.

(2)

Where the Authority desires to sue for the recovery of a debt

due to it under any law which it is entitled to enforce, the Chief

Executive Officer or an officer of the Authority duly authorised by him

to act on his behalf, may make a declaration on oath before the Court

Registrar or before any other officer authorised to administer the oath

in judicial matters, wherein he states the nature of the debt and the

details of the debtor and confirms that it is due. Interest at the rate of

eight per cent (8%) shall run from the date on which the amount

mentioned in the declaration was due.

(3)

The declaration referred to in sub-article (2) shall be served

upon the debtor by means of a judicial act and it shall have the same

effect as a res judicata of the competent court unless the debtor, within

a period of thirty (30) days from service upon him of the said

declaration, opposes the claim by filing an application requesting that

the Administrative Review Tribunal declares the claim unfounded.

The said judicial act shall on pain of nullity contain an intimation to

the debtor that if he does not reply within thirty (30) days from service

upon him, the said judicial act shall have the same effect as a res

judicata of a competent court. Furthermore, the intimation shall also

inform the debtor that he may file an application in the time limit

provided to him, which application may be signed and filed in the

Administrative Review Tribunal by the debtor himself without the

signature of an advocate or of a legal procurator being required. The

said judicial act shall constitute an executive title.

(4)

The application filed in terms of sub-article (3) shall be

served upon the Authority, which shall be entitled to file a reply within

a period of twenty (20) days. The Administrative Review Tribunal

shall appoint the application for hearing on a date after the lapse of

that period and in any case not later than one (1) month from the filing

of the application.

(5)

Without prejudice to any other remedy provided by the Act

or under any other law, the Chairman or any other official authorised

by him to represent the Authority and act on his behalf, may register

the debts due to the Authority as hypothecs, privileges or may register

any other guarantee according to law with the Land Registry, the

Public Registry or with any other entity tasked with such registrations.

(1)

Notwithstanding any other law that may apply in this

case, where the Authority believes that a person has committed a

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breach of the provisions of this Act, the Authority may give notice in

writing specifying the breach that the person has committed and

indicate the steps to be taken to remedy the breach of the provisions of

this Act and the administrative penalty which he is required to pay in

respect of such breach

Provided that any person who feels aggrieved by a decision

of the Authority under this sub-article, may appeal to the

Administrative Review Tribunal for a revocation or modification of

such administrative penalty.

(2)

Where a notice in accordance with this article has been

given, the person mentioned in the notice may, within twenty-one (21)

days of the service of the notice, accept responsibility for the breach of

the provisions of this Act specified in the notice and within the same

period or such further period as the Authority may allow, remedy said

breach and pay, or undertake in writing to pay, the administrative

penalty indicated in the notice or such other administrative penalty as

the Authority may accept in lieu, and in any such case

(a) the person mentioned in the notice shall be deemed to

have committed the breach of the provisions of this

Act and to have admitted his guilt in respect thereof, as

stipulated in sub-article (1);

(b) if the breach of the provisions of this Act is remedied

and the administrative penalty is paid within the

stipulated period or a further period, as aforesaid, no

further proceedings may be taken against the said

person in respect of the same facts

Provided that the agreement to pay the administrative

penalty shall not extinguish any civil liability to make good any

damages to any third party or entity;

(c) if the penalty is not paid within the stipulated period,

or a further period, as aforesaid, it shall become an

amount due to the Authority as a civil debt and

proceedings may be taken accordingly by the

Authority to recover the same.

(3)

Where the person to whom notice is given under sub-article

(1) does not accept responsibility or, having accepted such

responsibility, fails to remedy the breach of the provisions of this Act

within the period aforesaid, civil proceedings may be taken against

him in accordance with the provisions of law applicable to the said

breach.

(1)

Without prejudice to any other offence emanating

from the Laws of Malta which is directly or indirectly connected with

any of the following acts and omissions, any person who

(a) hinders, obstructs, molests or interferes with, or

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attempts to hinder, obstruct, molest or interfere with,

any officer or employee of the Authority, or any police

officer, or any public officer in the execution of his

duties under the law, or fails to comply with any

reasonable requirement demanded of him by any of the

persons as aforesaid or otherwise fails to assist him in

the carrying out of the said duties, or knowingly

furnishes such person with false information or

neglects or refuses to give any information for the

purpose aforesaid; or

(b) makes a declaration, for any one of the purposes of the

Act, which is false, misleading or incorrect in any

material respect,

shall be guilty of an offence against the Act and shall be liable, on

conviction, to a fine (multa) not exceeding ten thousand euro

(€10,000).

(2)

The Court, besides awarding the punishment referred to in

sub-article (1), shall order the offender to remove the causes of the

offence and to undo anything which was done without permission or to

comply with the conditions imposed in the agreement entered between

the Authority and the offender, as the case may be, within a time

sufficient for that purpose, but in no case exceeding three (3) months

from the date of the judgment, and if the offender is a beneficiary of

any scheme issued by the Authority, the Court shall also order the

refund of any benefit granted to said offender and, or the termination

ipso jure of the lease agreement of the residential accommodation

allocated to him, as the case may be.

(3)

Proceedings against any person for any offence as is

mentioned in sub-article (1) shall be taken before the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo), as the case

may be, as courts of criminal judicature in accordance with the

provisions of the Criminal Code

Provided that notwithstanding the provisions of article

376(1)(b) of the Criminal Code, the Court shall, at the request of the

prosecution or of the accused, take down evidence given by the

witnesses in the manner provided for in article 390(6) of the Criminal

Code or in any law in force at that time.

(1)

Nothing in this Act shall prejudice the applicability

of the General Data Protection Regulation (Regulation (EU) 2016/679)

(‘GDPR’)and the Data Protection Act and the fundamental rights and

freedoms of the data subject.

(2)

Where the Authority in its capacity of data controller

processes personal data on the applicant or the beneficiary and, or their

dependants, as established under this Act, it shall

(a) comply with the principles relating to processing of

HOUSING AUTHORITY

personal data pursuant to Article 5 of the General Data

Protection Regulation (Regulation (EU) 2016/679)

(‘GDPR’);

(b) apply appropriate technical and organisational

measures to ensure a level of security appropriate to

the risk posed, and prevent abuse or unlawful access to

or transfer of, personal data pertaining to the applicant

or the beneficiary and, or their dependants.

(3)

The controller shall retain the personal data of the applicant,

beneficiary and, or their dependants as long as the granted benefit,

subsidy and, or service remains in force

Provided that where the application for a benefit, subsidy

and, or service is refused, or where this benefit, subsidy and, or service

is revoked and, or discontinued, such personal data shall be retained

for the purposes of this Act for a period of five (5) years from the date

of the refusal of the application or the revocation of the decision to

discontinue the benefit, subsidy and, or service thereof.

(4)

Where the Authority pursuant to its functions under this Act

processes information in relation to the verification and analysis of

personal data within the context of an investigation against fraud, the

Authority may restrict the rights and obligations provided for in

Articles 14 to 20 and Article 34 of the General Data Protection

Regulation (Regulation (EU) 2016/679) (‘GDPR’) in accordance with

Article 23 of the General Data Protection Regulation (Regulation (EU)

2016/679) (‘GDPR’)

Provided that such personal data shall only be restricted in

case the Authority refuses the application or revokes and, or

discontinues the benefit, subsidy and, or service thereof

Provided further that the Authority’s Data Protection

Officer designated pursuant to Article 37 of the General Data

Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) shall be

consulted as appropriate in a timely manner during the entire process

of the application of the restriction.

(5)

The restriction under sub-article (4) shall only apply in the

event that this restriction is considered as necessary and proportionate

measure to protect the sources and confidentiality of legally privileged

information.

(6)

The Authority shall apply the restriction referred to in sub-

article (4) for as long as the reasons justifying them remain applicable

following a necessity and proportionality test

Provided that such reasons justifying the restrictions shall

be documented and made available to the Information and Data

Protection Commissioner when and as required.

HOUSING AUTHORITY

(7)

Where the reasons for a restriction no longer apply, the

Authority shall lift the restriction and inform the data subject

concerned accordingly and comply with the rights and obligations

provided for in Articles 14 to 20 and Article 34 of the General Data

Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’).

(8)

The Authority shall review the application for the

restrictions referred to in this Act every year and depending on the

outcome of such review, inform the data subject accordingly.

(9)

For the safeguard of the rights and freedoms of the data

subjects, the following conditions and safeguards shall apply to

documents, reports and other personal data processed which are

subject to the restriction in terms of sub-article (4)

(a) access to verification and analysis data by competent

authorities other than the Authority shall not be

permitted unless provided for by law;

(b) the Authority shall maintain an audit trail record of

access to verification and analysis data by the

competent authorities, containing at least the date of

the access, the identifiable details of the Authority’s

officer accessing the data, the competent authority

making the request and the purpose for the access.

Such audit trail record shall be kept for as long as the

verification and analysis data is stored in conformity

with this Act;

(c) the Authority’s Data Protection Officer shall keep a

register to record the restrictions applied in relation to

the requests made by the applicants, beneficiaries and,

or their dependants. The register shall include the

details of the data subjects, the right requested to be

exercised that was restricted and the purpose for such

restriction. Restriction of rights in terms of Article 34

of the General Data Protection Regulation (Regulation

(EU) 2016/679) (‘GDPR’) shall also be recorded in the

register; and

(d) the applicants, beneficiaries and, or their dependants,

in their capacity as data subjects shall be informed of

the application of restrictions to their rights by

informing the data subject concerned in reply to the

request to exercise any of the rights which are being

restricted in terms of this Act and the publication of

the information, unless this may be prejudicial to the

purpose of the restriction

Provided that the Agency shall justify the prejudice claimed by

it to the Information and Data Protection Commissioner when and where