MALTA TRAVEL AND TOURISM SERVICES ACT

MALTA TRAVEL AND TOURISM SERVICES

CHAPTER 409

MALTA TRAVEL AND TOURISM SERVICES ACT

To make provision for the promotion of tourism, for the regulation of tourism services and

operations, for the establishment of an authority with powers to that effect and for matters

connected therewith or ancillary thereto.

1st September, 1999;

11th October, 2000;

23rd February, 2001;

1st January, 2002;

31st May, 2002;

14 March, 2003

ACT XII of 1999 , as amended by Acts XXVI of 2000 and VI of 2001 , Legal Notices 512

of 2004 and 426 of 2007 ; and Acts XXIII of 2009, and XII and XXXIV of 2016 and XXI of

2020. ARRANGEMENT OF ACT

Articles

PART I.

Preliminary

1-2

PART II.

Administration

3-17

Title I - The Malta Tourism Authority

3-11

Title II - The Directorates

Title III - The Tourism Appeals Board

13-14

Title IV - Common Provisions

15-17

PART III.

Accommodation and Catering Establishments

18-26

PART IV.

I n c o m i n g To u r i s m A g e n c i e s , Tr a v e l A g e n c i e s a n d

Destination Management Companies

27-31

PART V.

Organised Excursions

32-35

PART VI.

Tourist Guides

36-39

PART VII.

Enforcement of Control

40-42

PART VIII.

Offences and Penalties

43-45

PART IX.

Supplemental

46-53

SCHEDULES

FIRST SCHEDULE

Provisions with respect to the proceedings of the

Authority

SECOND SCHEDULE

Executive Directorates

THIRD SCHEDULE

Proceedings before the Tourism Appeals Board

and appeals therefrom

FOURTH SCHEDULE

Regulations kept in force

MALTA TRAVEL AND TOURISM SERVICES

PART I

PRELIMINARY

The short title of this Act is Malta Travel and Tourism

Services Act.

[Article 3 (7)]

Provisions with respect to the proceedings of the Authority

1. The Authority may act notwithstanding any vacancy

amongst its members, provided there is a quorum present at the

meeting.

2. The quorum of the Authority shall consist of the

Chairperson or acting chairperson, who, in the absence of the

chairperson for any particular meeting, shall be appointed by the

members present, and not less than five other voting members

constituting the Authority at the time of the meeting.

3. The meetings of the Authority shall be called by the

Chairperson either on his own initiative or at the request of any

three members of the Authority, specifying the agenda; and the

Authority shall also meet at such times as it may itself decide.

4. The Chairperson, or the acting chairperson, shall have an

original vote, and where the votes are equally divided, a second or

casting vote.

5. A member of the Authority who has a direct or indirect

interest in any matter coming before the Authority for

consideration shall, as soon as the relevant circumstances have

come to his knowledge, disclose the nature of his interest. Such

disclosure shall be recorded in the minutes of the meeting and the

member -

(a) shall not take part in any discussion or decision of the

Authority with respect to that matter; and

(b) shall be disregarded for the purpose of constituting a

quorum for any such discussion or decision.

6. All acts done by any person in good faith as a member of

the Authority shall be valid and effective as if he were a member

even if some defect in his qualification for appointment is

subsequently discovered.

7. Without prejudice to the provisions of article 44, any

document purporting to be a document made or issued by the

Authority and signed by the chairperson of the Authority or by the

chief executive on its behalf shall be received in evidence and

shall, until the contrary is proved, be deemed to be a document

made or issued by the Authority.

8. Subject to the provisions of this Act, including this

Schedule, the Authority may regulate its own procedure.

MALTA TRAVEL AND TOURISM SERVICES

In this Act, unless the context otherwise requires -

"accommodation" means a room or rooms furnished and

equipped to provide living accommodation to a person;

"advertisement" means the making of a representation in any

form in connection with a trade or business in order to promote the

supply of goods or services, including the making of any such

representation, any word, letter, model, sign, placard, board, notice,

brochure or device, whether illuminated or not, in the nature of and

employed wholly or in part for the purposes of advertisement,

announcement or direction, and any boarding or similar structure

used or adapted for use for the display of advertisements; and

"advertise" shall be construed accordingly;

"agency of Government" means a body corporate established by

law or a company in which the Government or such a body

corporate, or a combination thereof, has a controlling interest or

which is a subsidiary of such a company;

"appointed day", in relation to articles 50, 51 and 52 means the

day on which the said articles will come into force;

"the Authority" means the Malta Tourism Authority established

by article 3 and includes any person acting on its behalf under

powers delegated by the Authority under this Act;

"the Board" means the Tourism Appeals Board established under

article 13;

"catering establishment" means any building, premises or other

establishment, including kiosks, howsoever described, purveying

for reward food and, or, beverages including wines and spirits, for

consumption;

"destination management company" means any person whose

principal line of business, whether as principal or agent, is the

creation, planning and operation of high level motivational and

specialised programmes for tourists and other persons, whether

singly or in groups, and which programmes include the provision of

all or any of the following services: accommodation in a hotel or

other suitable e stablishment; travel; conference facilities;

excursions; guides; interpreters; technical support; entertainment

and all other matters normally connected with motivational

programmes, congresses, meetings and conference and incentive

travel. The term ''destination management company'' does not

include a hotel keeper, guest house keeper, keeper of holiday

premises, a person who provides accommodation to tourists in a

house, a tourist guide, a person who provides transport services by

land, sea or air, an incoming tourism agent, a travel agent or an

organised excursion operator;

MALTA TRAVEL AND TOURISM SERVICES

"the Directorates" means the Enforcement Directorate and such

other executive directorates as are established under article 12;

"enforcement notice" has the meaning assigned to it by article

41;

"financial year" means the period of twelve months ending on 31

December of any year

Provided that the first financial year of the Authority shall

commence on the coming into force of this Act and end on the 31

December of the following year;

"guest" means a person who is provided with accommodation at

a hotel, guest house, hostel, holiday premises, lodging house or

house used for the provision of accommodation to tourists or who

has such accommodation placed at his disposal in any such place;

"guest house" means any building, howsoever described, but not

being a hotel, in which accommodation, ancillary services and

amenities are provided for the public by a common management;

and "guest house keeper" shall be construed accordingly;

"holiday premises" means any building, howsoever described,

but not being a hotel, guest house, hostel or the ordinary residence

of the owner or tenant thereof, as the case may be, in which

accommodation, ancillary services, including self-catering

services, and amenities are provided for tourists; and includes any

number of such buildings which are grouped together; and "keeper

of holiday premises" shall be construed accordingly;

"hostel" means any building, howsoever described, but not being

a hotel or a guest house, in which accommodation, ancillary

services and amenities of a basic standard are provided for the

public by a common management; and "hostel keeper" shall be

construed accordingly;

"hotel" means any building, howsoever described, in which

accommodation, ancillary services and amenities are provided for

the public by a common management and includes any number of

such buildings which are grouped together; and "hotel keeper" shall

be construed accordingly;

"house" means any building, howsoever described, not being a

hotel, guest house, hostel, holiday premises or lodging house, used

or intended to be used, whether wholly or in part, for habitation;

"incoming tourism agent" means any person who, whether as

principal or agent, arranges for, advises on or undertakes to provide

to tourists and other persons, whether singly or in groups, travel

arrangements in respect of incoming travel, including

accommodation in a hotel, guest house, hostel, holiday premises or

house used for the provision of accommodation to tourists; travel;

organised excursions and all other matters normally or by custom

connected with the tourism industry, but does not include a hotel

keeper, guest house keeper, hostel keeper, keeper of holiday

premises, a person who provides accommodation to tourists in a

house, a tourist guide, a person who provides transport services, a

travel agency, a destination management company or an organised

MALTA TRAVEL AND TOURISM SERVICES

excursion operator and "incoming tourism agency" shall be

construed accordingly;

"licence" means a licence issued hereunder by the Authority;

"Member State" means a member state of the European

Economic Area;

"Minister" means the Minister responsible for tourism;

"operator", in relation to a tourism operation other than a tourist

guide, means a person, other than an owner, who is entitled to

operate it in his own right under a title derived directly or indirectly

from an owner;

"organised excursion" means any organised excursion or tour for

five or more tourists or other persons to one or more places in or

around Malta or transport but excludes any service intended solely

to provide transport; and "organised excursion operator" shall be

construed accordingly;

"owner", in relation to a tourism operation other than a tourist

guide, means a person who in his own right or as agent for another

person is entitled to receive the rent in respect thereof where it is

granted on lease or, where it is not let, would be so entitled if it

were let

Provided that where the tourism operation is subject to

usufruct the expression "owner" shall include the bare owner;

"public officer" has the meaning assigned to it by article 124 of

the Constitution;

"requirement" means any obligation, prohibition, condition or

limit provided for in the laws or regulations, or in the

administrative provisions, or administrative practices of the

Authority;

"tourism operation" means a hotel, guest house, hostel, holiday

premises, house used for the provision of accommodation to

tourists, catering establishment, travel agency, destination

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

excursion operator, tourist guide, and other tourism services,

whether licensed or not

Provided that for the purposes of article 48(2), the term

''tourism operations'' shall not include a house used for the

provision of accommodation to tourists when the house constitutes

the permanent residence of the person who provides such

accommodation;

"tourist" means any person who is travelling to and staying in

places outside his usual environment for not more than one

consecutive year for leisure, business and other personal purpose

other than by taking up employment or to establish a business in the

place visited;

"tourist guide" means a person who guides visitors in the

language of their choice and interprets the cultural and natural

heritage of Malta and/or specific area or areas, and who possesses a

specific relevant qualification and licence issued and/or recognised

MALTA TRAVEL AND TOURISM SERVICES

by the Authority;

"travel agent" means any person who, whether as principal or

agent, arranges for, advises on or undertakes to provide to tourists

and other persons, whether singly or in groups, travel arrangements

in respect of outgoing travel, including accommodation in a hotel,

guest house, hostel, holiday premises or house used for the

provision of accommodation to tourists; travel by air, land or sea;

organised excursions and all other matters normally or by custom

connected with the tourism industry; but does not include a hotel

keeper, guest house keeper, keeper of holiday premises, a person

who provides accommodation to tourists in a house, a tourist guide,

a supplier of transport services, an incoming tourism agency, a

destination management company or an organised excursion

operator and "travel agency" shall be construed accordingly;

"travel package" means the pre-arranged combination of no

fewer than two of the following when sold or offered for sale at an

inclusive price and when the service covers a period of more than

twenty-four hours or includes overnight accommodation

(a) transport;

(b) accommodation;

(c) other tourist services not ancillary to transport or

accommodation and accounting for a significant

proportion of the package, and shall include such pre-

arranged combinations even when various components

thereof are billed separately;

"traveller" means any person who contracts with a licensed

toursim operation for the provision of any travel or travel related

services of any and every kind by such licensed tourism operation.

PART II

ADMINISTRATION

Title I - The Malta Tourism Authority

[Article 12(2)]

Executive Directorates

(1) There is hereby established an authority, to be known

as the Malta Tourism Authority, which shall consist of eleven

voting members and of the chief executive who shall ex officio be a

non-voting member.

(2)

The voting members of the Authority shall be

(a) six persons appointed by the Minister from among

persons with knowledge of and experience in matters

relating to travel and tourism; one of whom shall have

knowledge and experience relating to Gozo; and

(b) one person appointed by the Minister on the

recommendation of the association recognised by the

Minister as being representative of the hotel sector;

and

(c) one person appointed by the Minister on the

recommendation of the association recognised by the

Minister as being representative of the tourism and

MALTA TRAVEL AND TOURISM SERVICES

travel agents sector; and

(d) one person appointed by the Minister on the

recommendation of the national airline; and

(e) two persons appointed by the Minister on the

recommendation of such other associations recognised

by the Minister as representing other sectors providing

travel and tourism services.

(3) The chairperson of the Authority shall be so appointed by

the Minister from among the persons appointed by him in terms of

subarticle (2)(a). The Chief Executive shall be appointed by the

Authority which, for the purposes only of such appointment, shall

be deemed to consist only of the voting members.

(4) A person shall not be qualified to be appointed as, or to

remain, a member of the Authority if he is a member of the House

of Representatives.

(5) The members of the Authority shall hold office for a period

not exceeding three years. Any member may, before the expiration

of his term of office, resign by letter addressed to the Minister

Provided that

(a) the members of the Authority may be removed from

office by the Minister prior to the expiry of their term

of office where, in the opinion of the Minister, they

have been guilty of misconduct or where they are, in

the opinion of the Minister, unable to perform the

duties of their office;

(b) a person who has been appointed by the Minister on

the recommendation of any other person shall cease to

hold office where the person making the

recommendation declares to the Minister that he is

withdrawing his recommendation with respect to that

person.

(6) A person who has ceased to be a member of the Authority

shall, if he is otherwise qualified, be eligible for re-appointment.

(7) Subject to the foregoing provisions of this article, the First

Schedule to this Act shall apply to and regulate the proceedings of

the Authority.

[Article 14(8)]

Proceedings before the Tourism Appeals Board and appeals

therefrom

1. Any person who feels aggrieved by a decision of the

Authority, as provided in article 14(1), may appeal to the Tourism

Appeals Board, on payment of the prescribed fee, within fifteen

days from the date the decision on which the appeal is entered is

communicated to the person concerned.

2. The application shall state the grounds for the appeal and

the request of the appellant, and a copy of it shall be communicated

to the Authority, before the appeal is heard.

3. The appellant shall appear before the Board either in

person or through an agent on the day and at the time fixed for the

hearing, make his submissions and produce such evidence as the

Board may allow

Provided that the Board may postpone the hearing of the

appeal if it is satisfied that the appellant was prevented from

appearing before it owing to illness or absence from Malta or other

similar reasonable cause.

4. The Board shall give the Authority an opportunity to make

its submissions in justification of its decisions, and bring such

evidence as the Board may consider necessary.

5. The Board shall have the power to summon witnesses and

to administer the oath to any person appearing before it.

6. The Board shall have power to confirm, revoke or alter the

decision appealed against and give such directions as it may deem

appropriate.

7. The decisions of the Board shall be final and no appeal

shall lie therefrom except on a question of law only.

8. If the appellant or the Authority, as the case may be, are

dissatisfied with any point of law decided by the Board, they may

appeal to the Court of Appeal by an application filed as provided in

article 14(9).

9. All hearings of the Board shall be held in public and all

decisions of the Board shall be given in public.

10. Subject to the foregoing provisions and to the provisions of

this Act, the Board shall regulate its own procedure.

MALTA TRAVEL AND TOURISM SERVICES

(1) The Authority shall be a body corporate having a

distinct legal personality and capable, subject only to the

provisions of this Act, of suing and being sued, of entering into any

contract, of acquiring, holding and disposing of property of any

kind both movable and immovable, and by or under any title, and of

doing any other thing or entering into any transaction whatsoever.

(2) The representation of the Authority shall vest in the

Chairperson

Provided that the Authority may appoint any one or more of

its members, or any one or more of its officers, to appear in its

name and on its behalf in any judicial proceedings or in any act,

contract, instrument or other document whatsoever

MALTA TRAVEL AND TOURISM SERVICES

Provided further that where any of the powers of the

Authority are delegated in terms of subarticle (3), the

representation of the Authority shall also vest in the executive or

executives so delegated to the extent necessary for the proper

exercise of their powers.

(3) The Authority may delegate any of its executive powers to

any one or more of its executives under such conditions as it may

deem appropriate

Provided that the Authority’s powers in connection with

standards and control may only be delegated to the Enforcement

Directorate.

[Article 53(2)]

Regulations kept in force

H o t e l s a n d C a t e r i n g Legal Notice 67 of 1972 as

Establishments Regulations, subsequently amended by Legal

1972. - in so far as they refer Notices: 85 of 1978; 19 of 1986;

only to catering establishments 135 of 1990; and 100 of 1991

(1) The functions of the Authority shall be

(a) to promote and advance Malta as a tourist destination;

(b) to advise Government on tourism operations and to

issue licences under this Act;

(c) to monitor, classify and control the licensing of and

standards provided in or by tourism operations;

(d) to contribute towards the improvement of the level of

human resources in the tourism industry;

(e) to advise Government on the planning and

development of the tourism industry as well as on the

infrastructure supporting the tourism industry; and

(f) generally to assist and advise Government on any

matter relating to or affecting tourism, and to

undertake and organise such activities and projects as

it may consider appropriate in connection with the

performance of its functions.

(2) In the performance of its functions the Authority shall

adopt and follow the policies and plans of the Government and

otherwise act in conformity with the provisions of this Act and any

other applicable law; and the Authority may make such

investments, as the Minister may approve, and as are calculated to

assist in the promotion and advancement of Malta as a tourist

destination.

(3) The Minister may, from time to time, as he may deem

appropriate, give in writing and publish such directives as regards

the policies and plans of the Government to be adopted and

followed by the Authority, and the Authority shall, as soon as

practicable, adopt and follow all such directives.

(1) The Authority shall appoint such officers and

employees as it may from time to time deem necessary to carry out

its functions under this Act.

(2) The Authority shall also appoint one of its officers to act as

secretary of the Authority.

(3) Without prejudice to subarticle (1), the Authority may, with

the approval of the Minister, offer to any public officer performing

duties in the department of tourism permanent employment with

MALTA TRAVEL AND TOURISM SERVICES

the Authority with the benefits contemplated in subarticle (4).

(4) Every public officer who accepts permanent employment

with the Authority offered to him pursuant to subarticle (3) shall,

for all purposes other than those of the Pensions Ordinance and of

the Widows’ and Orphans’ Pensions Act, cease to be in the service

of the Government and shall enter into service with the Authority

with effect from the date of his acceptance of the offer, or such later

date agreed between him and the Authority; and for the purposes of

the said Ordinance and of the said Act service with the Authority

shall be deemed to be service with the Government within the

meaning thereof

Provided that for the purposes of the said Pensions

O r d i n a n c e t h e p e n s i o n a b l e e m o l u m e n t s o f s u c h o ff i c e r o n

retirement shall be deemed to be the pensionable emoluments

payable to an officer in government service in a grade and at an

incremental level corresponding to the post and incremental level at

which the officer retires from the Authority.

(5)

(a) For the purposes of the proviso to subarticle (4), 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

of Malta 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 Ministry responsible for Finance and

two other members, one appointed by the Ministry

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 that the Minister responsible for Finance

may from time to time in the Gazette determine.

(e) No person may, following a classification as aforesaid,

be entitled to rights under the said Pensions Ordinance

less favourable than those to which he would have

been entitled prior to such classification.

(6) The Authority shall in January of each year pay to the

Government the difference between the cost of pensions and

gratuities payable at the time of retirement from the Authority and

the cost of the pension or gratuity, as the case may be, computed at

the time of termination of the service of the officer with the

Government to take up employment with the Authority.

MALTA TRAVEL AND TOURISM SERVICES

(1) The Authority shall be endowed with an initial capital

of five hundred and eighty-two thousand and three hundred and

forty-three euro and thirty-five cents (582,343.35) which shall be

paid by the Government out of the Consolidated Fund, without

further appropriation other than this Act, by warrant under the hand

of the Minister responsible for finance authorising the Accountant

General to make the payment.

(2) Thereafter the Authority shall be paid out of the

Consolidated Fund such sums as the House of Representatives may

approve.

(3) Without prejudice to the provisions of article 47 the

Minister may, on the recommendation of the Authority, make

regulations prescribing the contributions payable to the Authority

by tourism operations and by such other persons as may be declared

by the Minister to be direct beneficiaries of the tourism industry.

(4) The Authority shall cause to be prepared in each financial

year, and shall not later than four weeks prior to the end of such

year adopt, estimates of the income and expenditure of the

Authority for the next following financial year

Provided that, in respect of the first financial year, the

Authority shall prepare and adopt estimates not later than twelve

weeks after the coming into force of this Act.

(5) The estimates shall be made in such form and shall contain

such information and such comparisons with previous estimates as

the Minister may direct.

(6) A copy of the estimates of the Authority shall, upon their

adoption by the Authority, be sent forthwith to the Minister.

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

than eight weeks after he has received a copy of the estimates of the

Authority, or, if at any time the House of Representatives is not in

session, within eight 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 approve the said estimates.

One sitting day shall be allotted for the debate in the House on such

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

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

(8) No expenditure shall be incurred by the Authority that has

not been approved by the House of Representatives

Provided that

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

of a financial year or until the approval of the

estimates for that year, the Authority may make or

incur expenditure for carrying out its functions under

this Act not exceeding in the aggregate one half of the

amount approved for the preceding financial year;

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

of the estimates may, with the approval of the Minister,

be incurred in respect of another head or sub-head of

the estimates;

MALTA TRAVEL AND TOURISM SERVICES

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

amount approved by the House is not sufficient, or if a

need has arisen for expenditure for a purpose not

provided for in the estimates, the Authority may adopt

supplementary estimates for approval by the House

and, pending such approval, but subject to its being

given, the Authority may in special circumstances and

with the approval of the Minister, incur the relative

expenditure; and the provisions of this Act applicable

to the estimates shall, as near as practicable, apply to

the supplementary estimates

Provided further that in respect of the first financial year of

the Authority, this subarticle shall apply as if the total expenditure

that may be made or incurred by the Authority until the approval of

the estimates for that year by the House may not exceed one half of

the amount shown in such estimates.

(9) All estimates and supplementary estimates approved by the

House shall, as soon as practicable, be published in the Gazette.

(1) The Authority shall cause to be kept proper books of

account and other records in respect of its operation 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 it

Provided that the Minister responsible for finance may

require the books and other records of the Authority to be audited

or examined by the Auditor General who shall for this propose have

power to carry out such physical checking and other verifications,

and may require such information, as he may deem necessary.

(3) After the end of each financial year, at the same time as a

copy of the estimates of the Authority is forwarded to the Minister

in accordance with article 9, the Authority shall cause a copy of the

statement of accounts duly audited to be transmitted to the Minister

together with a copy of any report made by the auditor or 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 the said article 9.

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

the end of each financial year, make and transmit to the Minister a

report of its activities during that year, containing such information

relating to the functions and to the proceedings of the Authority as

the Minister may from time to time require together with the

audited accounts as provided in article 8.

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

laid on the Table of the House of Representatives within two

weeks, or, if at any time the House of Representatives is not in

session, within two weeks from the beginning of the next following

session.

MALTA TRAVEL AND TOURISM SERVICES

Except with the approval of the Minister, the Authority

shall not enter into any contract for the supply of goods or materials

or for the execution of work or for the rendering of services, to or

for the benefit of the Authority, which is estimated by the Authority

to involve an expenditure exceeding two hundred and thirty-two

thousand and nine hundred and thirty-seven euro and thirty-four

cents (232,937.34), or such other amount as the Minister may from

time to time prescribe, except after notice of the intention of the

Authority to enter into such contract has been published and

competitive tenders have been issued.

The Authority shall be exempt from any liability for the

payment of any tax on income or duty on documents.

Title II - The Directorates

(1) There shall be an executive directorate, to be known as

the Enforcement Directorate, which shall be composed of -

(a) one person, appointed by the Authority, who shall act

as chairperson; and

(b) two persons appointed by the Authority, one of whom

shall be a person holding a warrant to practise as an

advocate or a warrant to practise as a legal procurator

who has been practising for not less than five years.

(2) There shall also be the executive directorates as listed in the

Second Schedule to this Act, which shall be composed as described

therein. The Minister may, after consulting the Authority, by order

in the Gazette, abolish any one or more of the said directorates,

vary their composition and establish such other executive

directorates as he may from time to time deem appropriate. Each

directorate so established shall be composed of a chairperson and

such other members as the Minister may determine, all of whom

shall be appointed by him

Provided that the Minister shall appoint such members from

among persons with knowledge and experience in the field of

operation of the directorate concerned, one of whom shall have

knowledge and experience relating to Gozo

Provided further that a majority of such members shall be

appointed from among operators in the tourism sector.

(3) The Authority may delegate to such directorates and require

them to perform such of its functions with respect, among other

matters, to marketing and promotion, human resource development,

product planning and development, tourism support services,

standards, and to other matters as it may from time to time deem

appropriate; and any such delegation of its functions may be made

subject to such conditions as the Authority may deem appropriate

and may, at any time, be withdrawn, wholly or in part, by the

Authority.

(4) The decisions of the directorates, including any licences

issued and classifications made by them, shall be deemed to be, and

shall have the same force and effect as, decisions of the Authority,

except in respect of matters which the Authority expressly reserves

MALTA TRAVEL AND TOURISM SERVICES

to itself or requires to be referred to it for determination.

(5)

(a) The chief executive may attend all meetings of the

directorates other than the Enforcement Directorate.

(b) The executive director of a directorate may attend all

meetings of that directorate.

(6) The members of the Enforcement Directorate and of the

executive directorates, established by or under subarticle (2), shall

hold office for a period not exceeding three years and shall, if

otherwise qualified, be eligible for re-appointment.

(7) Subject to the foregoing provisions of this article and to any

rules that may be made by the Authority, the directorates may

regulate their own procedures.

(8) Any order made under the provisions of this article may be

amended, substituted or revoked by a subsequent order made in the

same manner.

Title III - The Tourism Appeals Board

(1) There shall be a board, to be known as the Tourism

Appeals Board, consisting of an advocate who has been practising

for not less than seven years, who shall preside, and another two

persons versed in travel and tourism, each of whom shall be

appointed by the Prime Minister.

(2) The Prime Minister may also appoint panels of members

and in such case the composition of the Board for any one or more

appeals to be heard by it shall be the responsibility of the secretary

who shall, as far as is practicable, determine the composition on the

basis of rotation.

(3) A person shall not be qualified to be appointed as, or to

remain, a member of the Board if he

(a)

is a member of the House of Representatives; or

(b)

is a public officer.

(4) A member of the Board shall be disqualified from hearing

an appeal in such circumstances as would disqualify a judge in a

civil suit; and in any such case the member shall be substituted by

another person appointed for the purpose by the Prime Minister.

(5) The members of the Board shall hold office for a period of

three years, and shall be eligible for re-appointment.

(6) A member of the Board may be removed from office by the

Prime Minister on the grounds of gross negligence, conflict of

interest, incompetence, or acts or omissions unbecoming a member

of the Board.

(1) The Board shall have jurisdiction -

(a) to hear and determine all appeals made by any person

aggrieved by any decision of the Authority not to grant

or renew, or to revoke, or to suspend a licence; or to

impose conditions, limitations or exclusions therein or

therefor; and

MALTA TRAVEL AND TOURISM SERVICES

(b) to hear and determine all appeals made by any person

aggrieved by any decision of the Authority on any

matter concerning the classification or reclassification

of tourism operations and the enforcement of control

Provided that the jurisdiction of the Board shall be limited

to ensuring that the policy of the Government and the provisions of

this Act or any other applicable law have been properly

implemented or applied and that the discretion vested in the

Authority has not been used in an unreasonable manner.

(2) The decisions of the Board shall be final except with

respect to points of law decided by the Board from which an appeal

shall lie to the Court of Appeal (Inferior Jurisdiction).

(3) The decisions of the Board shall be binding if they are

supported by the opinion of two of its members, and the dissenting

member, if any, may express his opinion separately; and all

decisions of the Board shall be delivered in public and shall be

published as soon as practicable after the sitting at which they are

given.

(4) Advance notice of not less than fourteen days shall be given

of the meetings of the Board in such manner as the Board may

deem appropriate or as may be prescribed under article 47. The

Board shall hold a first hearing of the appeal within one month of

the day of filing of the appeal.

(5) The Board may appoint experts and may require any

department of Government or agency of the Government to provide

the Board with such information or advice as the Board may deem

necessary for the proper execution of its functions.

(6) The Board shall have an independent administrative

secretariat consisting of a secretary to the Board and such other

officers or employees as may be necessary for a prompt and

efficient determination of the matters within its jurisdiction. The

secretariat shall be chosen and appointed by the Board.

(7) Without prejudice to the provisions of subarticle (6), the

administrative and technical support required by the Board for the

performance of its functions shall be provided by the Authority.

(8) Subject to the above, appeals to the Board and the conduct

of the business of the Board shall be made in accordance with the

rules contained in the Third Schedule to this Act; and in the

absence of such rules on any matter, the Board may regulate its

own procedure.

(9) Appeals to the Court of Appeal (Inferior Jurisdiction) from

decisions of the Board as provided in subarticle (2) shall be made

within fifteen days from the day the decision is delivered and such

appeals shall be regulated by Rules of Court made under article 29

of the Code of Organization and Civil Procedure.

(10) The Minister responsible for justice may by regulations

under this subarticle establish the fees payable in the registry of the

court in relation to the filing of judicial acts in connection with

appeals to the Court of Appeal (Inferior Jurisdiction) under this

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article

Provided that until such fees are so established by the

M i n i s t e r, t h e f e e s c o n t a i n e d i n S c h e d u l e A t o t h e C o d e o f

Organization and Civil Procedure shall apply.

Title IV - General Provisions

For the purposes of the Criminal Code and of any provision

of a penal nature in any other law, the members of the Authority

and of any committee, board, commission or other body established

by this Act, and every officer or employee thereof, shall be deemed

to be and be treated as public officers.

The names of all the members of the Authority, and of any

committee, board, commission or other body established by this

Act, including the panels from which the Board is constituted, and

any other change in such membership, shall be published in the

Gazette.

(1) Any member of the Authority or of any committee,

commission or other body established by this Act who is in any

way, directly or indirectly interested in any particular matter

considered or to be considered by the Authority or by such other

body shall declare the nature of his interest either at the meeting at

which the matter is first considered or, if he was not at the date of

that meeting so interested in the matter, at the next meeting after he

shall have become so interested.

(2) Without prejudice to the provisions of subarticle (1), where

at a meeting of the Authority or by such other body any of the

following matters arises, namely -

(a) an arrangement to which the Authority is a party or a

proposed such arrangement, or

(b) a contract or other agreement with the Authority or a

proposed such contract or other agreement, or

(c) the assessment of any application for the issue or

renewal of a licence or other authorisation and any

decision relating thereto, or

(d) any decision of the Authority taken after reviewing the

methods of operation of a licensee, or (e) any other

particular matter in which any member of the

Authority or such other body is in any way, directly or

indirectly interested,

then, any member of the Authority present at the meeting who

otherwise than in his or her capacity as such a member has a

material interest in the matter, shall -

(i)

at the meeting, disclose to the Authority the fact

of such interest and the nature thereof,

(ii) absent himself or herself from the meeting or

that part of the meeting during which the matter

is being discussed,

(iii) take no part in any deliberation of the Authority

relating to the matter, and

MALTA TRAVEL AND TOURISM SERVICES

(iv)

not vote on a decision relating to the matter.

(3) Where a material interest is disclosed pursuant to subarticle

(2), the disclosure shall be recorded in the minutes of the meeting

concerned and, for so long as the matter to which the disclosure

relates is being dealt with by the meeting, the member by whom the

disclosure is made shall not be counted in the quorum for the

meeting.

(4) A member of the Authority who, otherwise than in his or

her capacity as such a member has a material interest in -

(a) an arrangement or proposed arrangement to which

subarticle (2)(a) applies; or

(b) a contract or other agreement or a proposed contract or

other agreement to which subarticle (2)(b) applies; or

(c) the assessment of any application for the issue or

renewal of a licence or other authorisation and any

decision relating thereto; or

(d) any decision of the Authority taken after reviewing the

methods of operation of a licensee; or

(e) any other particular matter in which any member of

the Authority or by such other body is in any way,

directly or indirectly, interested,

shall neither influence nor seek to influence any decision to be

made by the Authority in relation thereto.

(5) Where at a meeting of the Authority a question arises as to

whether or not a course of conduct, if pursued by a member of the

Authority, would constitute a failure by him or her to comply with

the requirements of subarticles (2) and (3), the question may,

subject to subarticle (6), be determined by the chairperson of the

meeting, whose decision shall be final, and where such a question

is so determined, particulars of the determination shall be recorded

in the minutes of the meeting.

(6) Where at a meeting of the Authority, the chairperson of the

meeting is the member in respect of whom a question to which

subarticle (5) applies falls to be determined, then the other

members of the Authority attending the meeting shall choose one

of their number to be chairperson of the meeting for the purpose of

determining the question concerned.

(7) Where the Minister is satisfied that a member of the

Authority has acted contrary to any of the provisions of this article,

the Minister may, if he or she thinks fit, remove that member from

office and, where a person is removed from office pursuant to this

subarticle, he or she shall thenceforth be disqualified for

membership of the Authority.

(8) The term ‘material interest’ in this article shall include, but

not be limited to, being in the same type of business as the

applicant, or licensee, as the case may be.

PART III

MALTA TRAVEL AND TOURISM SERVICES

ACCOMMODATION AND CATERING ESTABLISHMENTS

(1) No person shall run or operate a hotel, guest house,

hostel, holiday premises or catering establishment unless he shall

have previously obtained and is in possession of a licence.

(2) No person shall provide accommodation in a house to

tourists unless he shall have previously obtained and is in

possession of a licence

Provided that this subarticle shall not apply to the provision

of such accommodation to bona fide relatives or friends when such

accommodation is provided without any payment.

(3) It shall not be lawful for any person to give on lease to a

tourist or to allow a tourist to occupy under any title, a house in

Malta, or to transfer to any tourist any right of lease, or other title

to occupation, of any such house, and for any tourist to take on

lease or under any title to occupy a house in Malta, or to acquire

any right of lease or other title to occupation of any such house,

unless there is in respect of any such house a valid licence issued

by the Authority authorising such lease, transfer or occupation.

(4) Unless provided in the licence or unless earlier revoked

under any of the provisions of this Act, every licence shall remain

valid until the thirty-first day of December next following the date

of issue and may, thereafter, be renewed from year to year or for

such further period or periods as may be specified

Provided that the renewal of the licence shall only be

subject to the continued fulfilment of the relevant applicable

requirements current at the time.

(5) Notwithstanding the provisions of subarticle (4), a licence

may in special circumstances be granted on a temporary basis for a

period not exceeding ninety days which period may, on good cause

being shown, be extended for a further period or periods not

exceeding ninety days in the aggregate.

(6) Any licence which has been revoked or which has not been

renewed shall be returned to the Authority.

(7) A licence may be granted or renewed as subject to such

requirements, conditions, limitation and exclusions as the

Authority may consider necessary, appropriate and proportionate in

accordance with this Act.

(8) In the event that a hotel keeper contracts or otherwise

undertakes to provide accommodation and other services, if any, in

his hotel and dishonours the contract or undertaking, then, without

prejudice to any other right or remedy available to the person with

whom the hotel keeper contracted or to whom the undertaking was

made and without prejudice to any defence available to the hotel

keeper, the hotel keeper shall cause the tourist or tourists to whom,

or in respect of whom, the accommodation and other services, if

any, had to be provided, with accommodation and similar services,

if any, in another hotel of the same or of a higher category and

situated as near as possible to his hotel, and the hotel keeper shall

be responsible for and shall pay any difference between the price

MALTA TRAVEL AND TOURISM SERVICES

for the accommodation and other services, if any, which were to be

provided in the hotel keeper’s hotel and the price charged in such

other hotel

Provided that where a tourist is accommodated in a hotel of

a lower category than that in which the accommodation had to be

provided either because he so chooses or because the hotel keeper

cannot find him an alternative hotel as provided in this subarticle,

the hotel keeper shall, saving any other remedies which may be

available to the tourist or to the person who contracted with the

hotel keeper, immediately pay to the person with whom he

contracted, any difference between the price for the

accommodation and other services, if any, which were to be

provided in the hotel keeper’s hotel and the price charged in the

hotel of the lower category.

(1) A licence shall not be granted or renewed for the

purposes of article 18 unless -

(a) the person applying therefor is of good character and is

fit and proper to be granted a licence in relation to a

hotel, guest house, hostel, holiday premises or catering

establishment or to provide accommodation to tourists

in a house, as the case may be; provided that if the

applicant is a body corporate or a person other than the

person who will operate or in fact operates the hotel,

guest house, hostel, holiday premises or catering

establishment or who will provide accommodation in a

house, the attributes in this paragraph shall at all times

have to be satisfied by the person who will be

responsible for such operation or provision of

accommodation or who in fact effects such operation

or provides such accommodation.

The person who will be responsible for such operation

or provision of accommodation or who in fact effects

such operation or provides such accommodation

possesses the skills and competencies necessary to

operate a business of a hotel, guest house, hostel,

holiday premises or catering establishment or to

provide accommodation to tourists in a house, as the

case may be, proven to the satisfaction of the

Authority by means of either a relevant formal

qualification from a recognised training institution or

at least two years experience in the management of a

similar business activity;

(b) the premises in respect of which the application is

made are suitable and adequate for use as a hotel,

guest house, hostel, holiday premises, catering

establishment or house for the provision of

accommodation to tourists, as the case may be;

(c) the use of the premises as a hotel, guest house, hostel,

holiday premises, catering establishment or house for

the provision of accommodation to tourists is desirable

in accordance with government policy at the time of

MALTA TRAVEL AND TOURISM SERVICES

the consideration of the application for the grant of the

licence.

(2) A hotel, guest house, hostel, holiday premises, catering

establishment or house used for the accommodation of tourists

shall not use a name which in the opinion of the Authority is

undesirable, unsuitable or misleading.

A licence to keep or operate a hotel, guest house, hostel,

holiday premises, catering establishment or house used for the

accommodation to tourists may, with the consent in writing of the

Authority previously obtained, be transferred to any person who

fulfils the requirements mentioned in article 19(1)(a).

(1) A licensed hotel, guest house, hostel, holiday premises

or catering establishment shall be given such classification or

reclassification as, in accordance with such regulations as may be

in force form time to time, reflects the standard and level of service

provided by such hotel, guest house, hostel, holiday premises or

catering establishment

Provided that the Authority shall not be obliged to

reclassify a hotel, guest house, hostel, holiday premises or catering

establishment before the lapse of one year from its last

classification.

(2) Where it appears to the Authority, after such inquiry as it

may deem fit, that a hotel, guest house, hostel, holiday premises or

catering establishment is not being kept or managed up to the

standard required by a hotel, guest house, hostel, holiday premises

or catering establishment of the category in which it is then

classified in accordance with the regulations in force at that time,

the Authority may reclassify the hotel, guest house, hostel, holiday

premises or catering establishment into a lower category. Any such

re-classification shall be notified to the holder of the relative

licence and shall have effect as from the date on which it is so

notified.

(3) Where, in accordance with the provisions of article 14, an

appeal is entered against a classification made by the Authority

under subarticle (1), such classification shall not become effective

until the appeal is finally determined.

(4) Any certificate of classification which has been revoked or

substituted shall be returned to the Authority.

No person shall advertise or represent a hotel, guest house,

hostel, holiday premises or catering establishment as belonging to a

category higher than that to which it actually belongs according to

its classification, or as offering particular amenities or services

which it does not in fact provide at the time of such advertisement

or representation.

Where a hotel, guest house or holiday premises comprises

one or more catering establishments all of which are under the

same management, they may be given one licence and one

classification

MALTA TRAVEL AND TOURISM SERVICES

Provided that the Authority may give the catering

establishment or establishments comprised in such hotel, guest

house or holiday premises a different classification or different

classifications if the level of service provided so warrant or require.

Every hotel keeper, guest house keeper, hostel keeper, and

keeper of holiday premises shall keep a register in the prescribed

form wherein he shall cause every guest to write his name together

with such other particulars as may be prescribed.

Every hotel, guest house, hostel or holiday premises shall

present such register for inspection whenever so requested by any

police officer not below the rank of inspector or by any member of

the Authority or any person authorised in writing for the purpose by

the chairperson of the Authority.

Nothing in this Part of this Act shall apply or be deemed to

apply in any way to any monastery, convent, boarding school (not

being a school providing tuition in a foreign language or languages

to tourists), college or charitable institution.

PART IV

INCOMING TOURISM AGENCIES, TRAVEL AGENCIES AND

DESTINATION MANAGEMENT COMPANIES

(1) No person shall carry on, or hold himself out as

carrying on, the business of an incoming tourism agent, a travel

agent or of a destination management company unless he shall have

previously obtained and is in possession of a licence.

(2) Unless earlier revoked under any of the provisions of this

Act, every such licence shall remain valid until the thirty-first day

of December next following the date of issue and may, thereafter,

be renewed from year to year or for such further period or periods

as may be specified

Provided that the renewal of the licence shall only be

subject to the continued fulfilment of the relevant applicable

requirements current at the time.

(3) A licence which has been revoked or which has not been

renewed shall be returned to the Authority.

(4) A licence may be granted or renewed as subject to such

requirements, conditions, limitations and exclusions as the

Authority may consider necessary, appropriate and proportionate in

accordance with this Act.

Without prejudice to the provisions of the Mutual

Recognition of Qualifications Act and regulations made thereunder,

a licence shall not be granted or renewed for the purposes of article

27 unless -

(a) the person applying therefor is of good character

standing and is fit and proper to be granted and operate

a licence in relation to the business of an incoming

tourism agent or a travel agent or of a destination

management company, as the case may be

MALTA TRAVEL AND TOURISM SERVICES

Provided that if the applicant is a body corporate -

(i) the requirements mentioned in the preceding

paragraph shall apply to that person designated

to be responsible for the management of the

business activity being licensed;

(ii) the person applying therefor possesses the skills

and competencies necessary to operate a

business of an incoming tourism agent, or of a

travel agent or of a destination management

company as the case may be, proven to the

satisfaction of the Authority by means of either a

relevant formal qualification from a recognised

training institution or at least two years

experience in the management of a similar

business activity

Provided further that where the applicant is a body

corporate, the requirements mentioned in the

preceding paragraph shall apply to that person

designated to be responsible for the management of

the business activity being licensed;

(b) the person applying therefor has suitable premises and

means at his disposal for the proper and efficient

running of the business of an incoming tourism

agency, a travel agency or of a destination

management company as the case may be; and

(c) the person applying therefor shows to the satisfaction

of the Authority that he shall at all times have

adequate insurance in accordance with the

requirements of article 31.

An incoming tourism agent, a travel agent or a destination

management company shall not provide any service under a name

which in the opinion of the Authority is undesirable, unsuitable or

misleading.

(1) A licence to carry on the business of an incoming

tourism agency, or a travel agency or of a destination management

company may, with the consent in writing of the Authority

previously obtained, be transferred to any person who fulfils the

requirements of article 28.

(2) An incoming tourism agent and a travel agent and a

destination management company shall exhibit his or its licence in

a prominent place in his or its place of business. If an incoming

tourism agent or a travel agent or a destination management

company operates from more than one place of business his or its

licence shall be exhibited in his or its principal place of business

and a copy or copies of his or its licence, issued and certified as

such by the Minister on payment of the prescribed fee, shall

likewise be exhibited in all his or its places of business other than

his or its principal place of business.

MALTA TRAVEL AND TOURISM SERVICES

(1) Every tourism operation requiring a licence under this

Act, except a licence to act as a tourist guide unless specifically

prescribed in regulations made under this Act, shall satisfy the

Authority that it has at all times in its favour a policy of third party

liability insurance and, in addition, or if required by the Authority,

a policy of professional indemnity insurance, which policy or

policies shall indemnify it, and any person employed by it, or

otherwise acting for it, to such amount, in such manner and in

respect of such matters as the Authority may establish.

(2) * Every tourism operation requiring a licence under this Act

shall, with effect from a date to be specified by the Authority,

contribute to an insolvency fund which the Authority may establish

in such manner and for such amounts and under such conditions,

and shall be managed by such persons, as may from time to time be

determined by the Authority; the fund will provide compensation to

any traveller, licensed tourism operation or tourist for undisputed

debts or for unavoidable but necessary expenses arising from the

insolvency of a licensed tourism operation.

(3)* The Authority shall ensure that contributions required to be

paid by licensed tourism operations and the conditions, exclusions

and limitations of the insolvency fund referred to in subarticle (2)

shall be published annually and be reasonably linked to the size and

degree of risk being accepted by the fund from each licensed

tourism operation; any compensation offered by the fund shall be

published within six months of the insolvency of the licensed

tourism operation.

PART V

ORGANISED EXCURSIONS

(1) No person shall carry on, or hold himself out as

carrying on, the business of an organised excursion operator unless

he shall have previously obtained and is in possession of a licence.

(2) Unless earlier revoked under any of the provisions of this

Act, every such licence shall remain valid until the thirty-first day

of December next following the date of issue and may, thereafter,

be renewed from year to year or for such further period or periods

as may be specified

Provided that the renewal of the licence shall only be

subject to the continued fulfilment of the relevant applicable

requirements current at the time.

(3) A licence which has been revoked or which has not been

renewed shall be returned to the Authority.

(4) A licence may be granted or renewed as subject to such

requirements, conditions, limitations and exclusions as the

Authority may consider necessary, appropriate and proportionate in

accordance with this Act.

*this subarticle is not yet in force.

MALTA TRAVEL AND TOURISM SERVICES

A licence shall not be granted or renewed for the purposes

of article 32 unless -

(a)

(i)

the person applying thereof is of good character

standing and is fit and proper to be granted and

operate a licence in relation to the business of an

organised excursion operator

Provided that if the applicant is a body

corporate, the requirements mentioned in the

preceding paragraph shall apply to that person

designated to be responsible for the management

of the business activity being licensed;

(ii) the person applying thereof possesses the skills

and competencies necessary to operate a

business of an organized excursion operator,

proven to the satisfaction of the Authority by

means of either a relevant formal qualification

from a recognised training institution or at least

two years experience in the management of a

similar business activity

Provided that where the applicant is a body

corporate, the requirements mentioned in the

preceding paragraph shall apply to that person

designated to be responsible for the management

of the business activity being licensed;

(b) the person applying therefor has suitable means at his

disposal for the proper and efficient organisation of

organised excursions.

An organised excursion operator shall not provide any

service -

(a) under a name which in the opinion of the Authority is

undesirable, unsuitable or misleading, and

(b) unless the services of a tourist guide are provided for

any such excursion.

(1) A licence to carry on the business of an organised

excursion operator may, with the consent in writing of the

Authority previously obtained, be transferred to any person who

fulfils the requirements of article 33.

(2) An organised excursion operator shall exhibit his licence in

a prominent place in his place of business. If an organised

excursion operator operates from more than one place of business

his licence shall be exhibited in his principal place of business and

a copy or copies of his licence, issued and certified as such by the

Authority on payment of the prescribed fee, shall likewise be

exhibited in all his places of business other than his principal place

of business.

MALTA TRAVEL AND TOURISM SERVICES

PART VI

TOURIST GUIDES

(1) No person shall act, hold himself out as acting as a

tourist guide or use the title of a "tourist guide" unless he is in

possession of a licence in accordance with this Act and regulations

made under it.

(2) A licence may be granted and renewed for such periods and

as subject to such requirements, conditions, limitations and

exclusions as the Authority may consider necessary, appropriate

and proportionate in accordance with this Act and regulations made

under it.

(3) A licence which has been revoked or which has not been

renewed shall be returned to the Authority.

A licence shall not be granted for the purposes of article 36

unless

(a) the person applying thereof is of good character and is

fit and proper to act as a tourist guide; and

(b) the person applying therefor possesses the relevant

qualification/s to act as tourist guide; or

(c) demonstrates that he has the practical and theoretical

competencies and experience deemed and recognized

to be equivalent to the qualifications referred to in

paragraph (b) by the Authority in terms of this Act and

regulations made under it.

A tourist guide shall provide his services under his

personal name.

(1) A licence to act as a tourist guide shall not be

transferable or assignable.

(2) A tourist guide shall produce his licence for inspection on

the demand of any member of the Authority or of any person

authorised in writing for the purpose by the Authority or by the

chief executive of the Authority or of any person who shall have

requested his services or to whom his services shall have been

offered.

PART VII

ENFORCEMENT OF CONTROL

The Authority shall monitor and review all tourism

operations to ensure that tourism operations are carried out only in

accordance with the provisions of this Act and in compliance with

the decisions lawfully taken under this Act; and for the purposes of

such monitoring and review the Chairperson of the Enforcement

Directorate or any person authorised by him to that effect shall

have the right at all reasonable times to enter and inspect any

tourism operation, other than a tourist guide.

(1) If it appears to the Authority that any tourism

MALTA TRAVEL AND TOURISM SERVICES

operation is being carried on without the licence required in that

behalf under this Act, or that any conditions subject to which a

licence was granted in respect of any tourism operation are not

being complied with or that a licensed tourism operation is being

run in violation of any of the provisions of this Act or of any

regulations made hereunder, or that circumstances have arisen

which justify the revocation of the licence, the Authority shall

serve a notice on the owner of the tourism operation or, in the case

of a tourist guide, on the tourist guide, requiring the tourism

operation to be stopped forthwith or, in cases not involving an

unlicensed tourism operation, that the tourism operation be stopped

forthwith or that the irregularity be rectified.

(2) A copy of the notice given under subarticle (1) shall also

be served on any operator of the tourism operation and on any

employees in the tourism operation and a copy shall be fixed at a

point of entry into each of the premises used for or in connection

with the tourism operation.

(3) Except as otherwise provided in this article, a notice given

under subarticle (1) (in this Act also referred to as an "enforcement

notice") shall -

(a) in respect of any requirement stopping or prohibiting

the further carrying on of a tourism operation, take

effect immediately upon service of the notice;

(b) in respect of any other requirement, take effect

immediately upon service of the notice or at the

expiration of such period as shall be specified.

(4) Any person who feels himself aggrieved by any

enforcement notice served on him may, within fifteen days from the

service of the notice, appeal against it to the Board; and in any such

appeal the Board -

(a) if satisfied that a licence was in force under this Act

for the tourism operation to which the enforcement

notice relates or that no such licence was required in

respect thereof, as the case may be, or that the

conditions subject to which such licence was granted

were complied with and that the tourism operation to

which the enforcement notice relates was being run in

accordance with the provisions of this Act and of any

regulations made hereunder, shall quash the

enforcement notice to which the appeal relates or such

part thereof in respect of which the Board is satisfied

as aforesaid;

(b) in any other case, shall dismiss the appeal.

(5) An appeal shall suspend the effects of the notice against

which the appeal is entered, except those that stop the carrying on

of a tourism operation, until such time as the appeal is determined.

The appeal, if upheld, shall cancel this notice.

(6) When an appeal is dismissed, the Board may direct that, in

respect of any requirement, other than a requirement stopping or

prohibiting the further carrying on of a tourism operation, the

MALTA TRAVEL AND TOURISM SERVICES

enforcement notice shall not come into force until such date as the

Board thinks fit.

(1) If any steps or other action, including any

discontinuance, stoppage or similar requirement to be taken by an

enforcement notice have not been taken within the time specified

therein, or forthwith if so specified, the Authority may enter the

tourism operation, other than a tourist guide, to which the

enforcement notice relates and take such steps, including the

closure of the tourism operation or other action as required by

circumstances and may for such purpose request the assistance of

the police which shall for such purpose exercise such powers as are

vested in them for the prevention of offences and the enforcement

of law and order.

(2) Notwithstanding the provisions of any other law, no

precautionary warrant or other order shall be issued or made by any

court restraining the Authority from the exercise of any of the

powers conferred upon it by this article.

(3) All expenses reasonably incurred by the Authority to carry

out an enforcement notice under this article shall be recoverable as

a civil debt by the Authority from the person who is then the owner

of the tourism operation or, in the case of a tourist guide, from the

tourist guide, to which the enforcement notice relates, without

prejudice to such right of recovery such person may have against

any other person.

PART VIII

OFFENCES AND PENALTIES

(1) Any person who -

(a) not being in possession of a licence, carries on any

tourism operation or allows any tourism operation to

be carried on from or in property of which he is the

owner or a co-owner or from or in which he could have

carried on such operation if he were in possession of a

licence; or

(b) being in possession of a licence fails to comply with

any applicable provision of this Act or with any

condition, restriction or other limitation to which the

licence is subject; or

(c) having been served with an enforcement notice or

other order under article 41, fails to comply with any

of the requirements of such notice within the time

therein specified or forthwith as the case may be; or

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

attempts to hinder, obstruct, molest, or interfere with,

any officer, employee or agent of the Authority, or any

police officer, in the execution of his duties under the

law, or fails to comply with any reasonable

requirement demanded of him by any such officer,

employee, agent or police officer as aforesaid or

otherwise to assist him in the carrying out of the said

MALTA TRAVEL AND TOURISM SERVICES

duties, or knowingly furnishes such officer or

employee or agent or police officer with false

information required for the purpose aforesaid; or

(e) knowingly makes a declaration for any of the purposes

of this Act which is false, misleading or incorrect in

any material respect; or

(f) * fails to comply with the provisions of article 31,

shall be guilty of an offence against this Act and shall be liable on

conviction to a fine (multa) of not less than one thousand and one

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

more than twenty-three thousand and two hundred and ninety-three

euro and seventy-three cents (23,293.73), and in the case of an

offence under paragraph (b) of this subarticle, or in respect of an

offence under paragraph (c) of this subarticle, if the offender

persists in the offence for more than three months, also to

imprisonment for a term of not less than three months and not more

than three years.

(2) The court, besides awarding the punishment referred to in

subarticle (1), shall order the offender to remove the causes of the

offence and to undo anything which was done without a licence or

to comply with the conditions imposed in the licence, as the case

may be, within a time sufficient for the purpose, but in any case not

exceeding three months from the date of the judgement, to be fixed

by the court; and if the offender fails to comply with any order

within the time so fixed, he shall be liable to a fine (multa) of not

less than one thousand and one hundred and sixty-four euro and

sixty-nine cents (1,164.69) and not more than eleven thousand and

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

as the court may fix, for every day the default continues after the

expiration of the said time.

(3) The provisions of the Probation Act shall not apply in

relation to the offences mentioned in subarticle (1).

(4) Proceedings against any person for any offence as is

mentioned in subarticle (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 said

Code or in any other law.

(5) In any prosecution against a person charged with running or

operating a hotel, guest house, hostel, or holiday premises without

a licence as is provided for in article 18(1), or charged with

providing accommodation to tourists, other than bona fide friends

or relatives who are provided with such accommodation without

any payment, without a licence as provided for in article 18(2), it

*In force only as relating to the provisions of article 31(1).

MALTA TRAVEL AND TOURISM SERVICES

shall be sufficient for the prosecution to prove that the accused had

control of the premises to which the charge relates; that, upon

inspection of the premises, a tourist or tourists were found thereon;

that such premises had sleeping facilities; that personal effects of

such tourist or tourists were found on such premises; and that the

premises were not duly licensed, and it shall not be required to

produce such tourist or tourists as witnesses or such personal

effects as evidence, and the court shall deem such charge to be

proved unless the accused proves that such tourist or tourists had

been duly accommodated in licensed premises or that such tourist

or tourists were bona fide friends or relatives as aforesaid.

(6) In any prosecution against a person charged with being an

accomplice in any one or more of the offences listed in subarticle

(5) it shall be sufficient for the prosecution to prove that the

premises to which the charge relates were not duly licensed as is

provided for in article 18(1) or (2), as the case may be; that, upon

inspection of the premises, a tourist was found thereon; that such

premises had sleeping facilities; that personal effects of such

person were found on the premises; and that the accommodation in

the premises was procured by or for such person through the

intervention, however effected, of the accused, and the prosecution

shall not be required to produce such tourist as a witness or such

personal effects as evidence, and the court shall deem such charge

to be proved unless the accused proves that prior to intervening in

the procurement of the accommodation he made diligent enquiries

as to the licensing of the premises or that, in the circumstances, he

could not reasonably have been expected to know that the premises

were not duly licensed.

In any proceeding or prosecution under this Act, a copy of

any order, notice, decision or other document purporting to have

been made under this Act and purporting to have been signed by the

Chairperson of the Authority or by the Chief Executive of the

Authority, shall be accepted as evidence of the order, notice,

decision or other document and of the facts appearing therein,

without further proof.

(1) Notwithstanding any other law providing for the trial

and punishment of offences, where the Authority believes that a

person has committed an offence against this Act, other than an

offence under article 43(1)(c), the Authority may give notice in

writing to such person describing the offence of which the person is

accused, indicating the steps to be taken to remedy the offence and

the fine which he is required to pay in respect of that offence

Provided that the Authority may not require the payment of

a fine higher than two thousand and three hundred and twenty-nine

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

(2) Where a notice under this article has been given, the person

named in the notice may, within twenty-one days of the service of

the notice, accept responsibility for the offence specified in the

notice and within the same period, or such further period as the

Authority may allow, remedy the offence and pay, or undertake in

writing to pay, the fine indicated in the notice or such fine as the

MALTA TRAVEL AND TOURISM SERVICES

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

(a) the person named in the notice shall be deemed to have

committed the offence and to have admitted his guilt in

respect thereof, and the fine paid, or agreed to be paid,

shall be the fine to which he became liable to pay;

(b) if the offence is remedied and the fine is paid within

the period, or further period as aforesaid, no further

proceedings may be taken against the said person in

respect of the same facts;

(c) if the fine is not paid within the period, or further

period as aforesaid, it shall be treated as if it were a

fine (multa) ordered to be paid by the court which

would have had jurisdiction to take cognisance of the

offence, and proceedings may be taken accordingly as

if it were an order of that court.

(3) Where the person to whom notice is given under subarticle

(1) does not accept responsibility for the offence or, having

accepted such responsibility, fails to remedy the offence within the

time aforesaid, ordinary proceedings may be taken against him in

accordance with the provisions of the Criminal Code, of this Act

and of any other law applicable to the offence.

(4) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

the Criminal Appeal from any judgement given in proceedings

arising out of this Act or of any regulations, rules or orders made

hereunder.

PART IX

SUPPLEMENTAL

Without prejudice to the provisions of the Interpretation

Act, any power conferred by this Act to issue licences, to give

classifications or re-classifications, to make regulations, rules,

orders, lists, schedules and any other instrument of like nature,

includes the power from time to time to revoke, replace, amend,

alter, add to or delete from any such instrument as aforesaid.

(1) The Minister may, on the recommendation of the

Authority, make regulations to regulate or otherwise provide for

any matter relating to tourism operations in order to give fuller

effect to the provisions of this Act, and, in particular, he may by

such regulations -

(a) regulate standards, levels of service and amenities in

tourism operations, as well as any other matter relating

thereto, taking account of all relevant considerations,

including tourism policy from time to time,

classification, health and sanitation;

(b) require that any category or class of persons working,

whether employed or self-employed, in any tourism

operation shall be in possession of such licences or

shall be in possession of such certificates of

MALTA TRAVEL AND TOURISM SERVICES

competence or qualifications as may be prescribed;

(c)

regulate time-share contracts and the promotion of and

services provided in time-sharing resorts, including

without prejudice to the generality of the foregoing the

information that is to be given to prospective

purchasers and the language in which such information

is to be given, the form which such contract must be

drawn up in, the establishment of such cooling-off

periods during which and other circumstances in

which the purchaser may withdraw from the contract,

as well as the prohibition of any or such payments as

may be determined before the premises to which the

contract refers or the contracts are completed, as well

as imposing an obligation for the repayment of such

deposits as may be prescribed if the contract is

rescinded or the purchaser withdraws therefrom.

Such regulations may provide that the time-

sharing contract shall take such form as may be

prescribed notwithstanding any provision of any other

law to the contrary and that it shall be drawn up in

such language or languages or be accompanied by a

certified translation in such language or languages as

may be prescribed.

Such regulations may also provide that in case of

failure to abide by any of the provisions thereof as may

be prescribed the contract may be null. Such

regulations may also regulate credit facilities that may

be granted with such contracts and the effect that a

rescission or withdrawal from the contract may have

on such credit agreements, and any other matter

relating to the sale of time-share and time-share

agreements;

(d)

regulate the provisions of travel package services;

(e)

prescribe the form of any notice, order or other

document authorised or required by this Act to be

made, served or given;

(f)

prescribe the manner in which a licence fee or other

charge made under this Act is to be established, made,

reviewed, collected, utilised or otherwise dealt with;

(g)

to the extent not otherwise provided, prescribe the

procedure to be followed by any body established by

this Act, and to amend, add or otherwise alter anything

contained in the schedules to this Act;

(h)

prescribe the fees payable to the Authority for any

service provided by it, or in respect of any matter for

which it is considered that a fee should be payable;

(i)

establish codes of ethics and conduct for tourism

operations

provided

that,

in

making

its

recommendations to the Minister, the Authority shall

consult and, so far as is advisable and possible, adopt

MALTA TRAVEL AND TOURISM SERVICES

such recommendations as it shall receive from the

associations recognised by the Minister as

representative of the various sectors interested in

tourism;

(j) prescribe such insurance cover that must be held by

licencees under this Act;

(k) provide for any purpose for which regulations are

authorised or required to be made otherwise than by

the Authority.

(2) Any regulation made under this Act may provide for any

matter relating to liability for the observance of such regulations,

and the persons who may be liable, and for any matter relating to

the enforcement of the said regulations, including, but not limited

to, the imposition of a fine (multa) not exceeding two thousand

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

(2,329.37) in respect of any contravention of, or failure to comply

with, the provisions of such regulations.

(1) No service consisting in the supply of water,

electricity, telephone, telex, facsimile or other service or utility

shall be provided to any new tourism operation, other than a tourist

guide, by any agency of government unless there is in respect of

such tourism operation a certificate issued by the Authority stating

that the tourism operation is approved and that all the conditions of

the licence to be granted are, at the date of the certificate, satisfied.

In this subarticle "new tourism operation" means any tourism

operation which is commenced or is to commence after the date of

the coming into force of this Act.

(2) Any service consisting in the supply of water or electricity

provided by an agency of government to any tourism operation,

other than a tourist guide, may be suspended or withdrawn if the

t o u r i s m o p e r a t i o n i s u n l i c e n s e d o r, i f i t i s l i c e n s e d , i f a n

enforcement notice is in effect in respect thereof.

(1) Where any notice or other instrument or document

whatsoever is required or authorised to be served or given by or

under this Act, it may be served or given in any of the following

manners

(a) by delivering it to the person on whom it is to be

served or to whom it is to be given; or

(b) by leaving it at the usual or last known place of abode

of that person or, if such person has furnished an

address for service, at that address; or

(c) by sending it by registered mail addressed to that

person at the place of abode or the address for service

aforesaid; or

(d) in the case of a juridical person, by delivering it to an

officer or servant thereof at the registered or principal

office, or sending it by registered mail addressed to the

body aforesaid at that office; or

MALTA TRAVEL AND TOURISM SERVICES

(e) in any case in which it is not reasonably possible to

effect service in any of the foregoing manners whether

on all or on any one or more of the persons on whom

service is to be made or notice is to be given, by

affixing the document to be served or given in a

conspicuous place on the premises to which it relates

and keeping it so affixed for a period of not less than

seven working days and by publishing the contents

thereof in the Gazette.

(2) Where the notice or other document is required or

authorised to be served or given to any person as having an interest

in a tourism operation, and the name of that person cannot be

ascertained after reasonable inquiry, or is required or authorised to

be served on an operator of a tourism operation, the notice shall be

deemed to be duly served or given if it is served or given in any of

the manners indicated in subarticle (1) and addressed to the person

having an interest in the tourism operation by the description of

"owner" or "operator", or "owners" or "operators", as the case may

require.

(1) With effect from the appointed day all property which,

immediately before the appointed day, was vested in or belonged to

the National Tourism Organization shall, by virtue of this Act, be

transferred to and shall vest in the Authority under the same title by

which they were held by the National Tourism Organization

immediately before that day.

(2) Such transfer shall extend to the whole of such property,

movable and immovable, assets, powers, rights, both real and

personal, 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, judgements, documents, warrants and working

arrangements, subsisting immediately before the appointed day,

affecting any of the transferred property shall have full force and

effect against or in favour of the Authority and shall be enforceable

as fully and effectually as if, instead of the National Tourism

Organization, the Authority had been named therein or been a party

thereto, as the case may be.

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

authority of the National Tourism Organization prior to the

appointed day and such thing is in relation to any of the transferred

property or any right or liability transferred by or under this Act,

such thing may be carried on and completed by or under the

authority of the Authority.

(2) Where on the appointed day any legal proceeding is

pending to which the National Tourism Organization is a party or is

entitled to be a party, and such proceeding has reference to any of

the transferred property or any right or liability transferred by or

under this Act, the Authority shall be substituted in such

proceeding for the National Tourism Organization or shall be

entitled to be so substituted.

MALTA TRAVEL AND TOURISM SERVICES

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

consequential and supplemental provision as may be necessary or

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

transfer of any property, right or liability 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 National Tourism

Organization, in relation to any of the transferred property,

exercisable by the Authority.

(1) The regulations made under the Tourist Guide Service

Act, the Hotels and Catering Establishments Act, the Guest Houses

and Holiday Furnished Premises Act, the Travel Agencies and

Hotel Services Act, and the National Tourism Organization Act,

repealed by this Act, as shown in the Fourth Schedule to this Act,

shall, until other provision is made under or by virtue of this Act,

continue in force and have effect as if made under this Act and,

notwithstanding anything contained in those regulations and in the

Acts abovementioned with regard to offences, penalties and

criminal proceedings, the provisions of articles 43, 44 and 45 shall,

mutatis mutandis, apply to those regulations.

(2) Any licence, permission or other authority granted under

any enactment, or any provision thereof, repealed by this Act, and

still in force immediately before such repeal, shall continue in force

thereafter as if it were a licence, permission or authority granted

under a corresponding provision of this Act, as the case may

require; and any such licence, permission or authority as aforesaid

shall be treated and dealt with accordingly.

MALTA TRAVEL AND TOURISM SERVICES

SCHEDULES