CIVIL PROTECTION ACT

CIVIL PROTECTION

CHAPTER 411

CIVIL PROTECTION ACT

To provide for the establishment of a Civil Protection Department and

an Assistance and Rescue Force, and for matters connected therewith or

ancillary thereto.

1st December, 1999

*

ACT XV of 1999 , as amended by Acts IV , XXVIII of 2015 and XIX of

2017 and XXI of 2020 and XVI of 2022.

The short title of this Act is Civil Protection Act.

(Article 8)

Oath of Office of Officer

in the Assistance and Rescue Force

"I ………………………………………………………………….

solemnly swear/affirm that I shall faithfully execute according to law

and

without

fear

or

favour

the

office

of

…………………………………………* in the Assistance and Rescue

Force established by article 8 of the Civil Protection Act."

* specify here the name of the office in the Assistance and Rescue Force.

In this Act, unless the context otherwise requires:-

"the Department" means the Department of Civil Protection

established by article 3;

"Directors" means the Directors of the Department of Civil

Protection who shall be assuming any such function or duty as

indicated by the Director General;" and immediately thereafter

there shall be added the following new definition

"Director General" means the Director General of the Department of

Civil Protection and includes any officer designated or authorised by

the Director General to act on his behalf;

"disaster" means an unforeseeable event which causes or

threatens to cause damage to the lives and health of a significant

number of people, or to property or to vital supply resources of the

population or to the environment, and the urgency of the situation

requires the co-operation of authorities, institutions, and

organisations for prompt remedial action;

"the Force" means the Rescue and Assistance Force established by

article 8 consisting of the Director General, the Directors, the Deputy

Directors, the Chief Assistance and Rescue Officers, the Station

Officers, the Leading Assistance and Rescue Officers, the Assistance

and Rescue Officers and the Fire Safety Inspectors or any officers in

equivalent grades who exercise equivalent duties;

"the Commander" means the Commander appointed to act as

such under article 9;

"the Council" means the Civil Protection Council established

under article 5;

"the Minister" means the Minister responsible for Civil

Protection and includes, to the extent and authority given, any

person or body of persons authorised by the said Minister for any of

the purposes of this Act.

There shall be a Civil Protection Department which shall

be a department of Government headed by the Director General of

Civil Protection and which shall have the functions set out in article

*see also transitory provision in article 20 of Act IV of 2015.

CIVIL PROTECTION

4. The functions of the Department shall be -

(a) to prepare contingency plans to respond to a disaster as

well as to natural, industrial and other emergencies

that may occur;

(b) to organise and co-ordinate training facilities and

courses for personnel that may be required in a

national or regional disaster or in an emergency as

aforesaid, in accordance with the provisions of the

Academy of Disciplined Forces Act:", and

immediately thereafter there shall be added the

following new proviso

Provided that training which does not fall within the

scope of the Academy of Disciplined Forces Act may be

provided subject to a written approval from the

Academy;

(c) to establish the infrastructural set-up required to

ensure co-ordination between the various departments

of Government, local councils and non-governmental

organisations which can be called upon to respond in a

national or regional disaster or in an emergency as

aforesaid;

(d) to establish general guidelines in relation to

vulnerability and risk assessment studies

Provided that, the responsibility for the carrying out of

vulnerability and risk assessments in relation to such

public events, shall always lie on the organizer,

notwithstanding the guidelines that the Department of

Civil Protection may from time to time establish;

(e) to promote public awareness of civil protection issues;

(f) to maintain an assistance and rescue force;

(g) to prepare regulations under this Act and under the

Emergency Powers Act that may be required to

respond to a national or regional disaster or an

emergency as aforesaid;

(h) in general to perform such other functions in

connection with civil protection as the Minister may

from time to time assign to it;

(i)

to take all necessary action, initiatives and setting of

standards and code of practice as well as inspect and

enforce regulations made in accordance with this Act

for the prevention of fire in buildings of whatever

nature, use or dimension; and

(j)

make and enforce regulations in relation to health and

safety procedures in activities to be listed in

regulations made under this Act wherein the public

attends.

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(1) There shall be established a Council to be designated

the "Civil Protection Council" having the functions and duties set

out in this Act.

(2) The Council shall be appointed by the Prime Minister as

follows

(a) a number of representative members, being not more

than five, who shall be chosen from amongst public

officers occupying a senior position and performing

duties in the ministries responsible for public works,

environment, telecommunication and transport

services, health services, economic affairs, fuel and

energy affairs, and Gozo affairs and;

(b) one member who shall be chosen from amongst

persons having knowledge and experience in matters

relating to civil protection after consultations with

representatives of voluntary organisations concerned

with such matters.

(2A) One member shall be appointed by the Local Councils

Association established in terms of regulation 3 of the

Local Councils (Association) Regulations.

(3) The Chairman shall be the Minister responsible for Civil

Protection and the Deputy Chairman shall be the Permanent

Secretary in the same Ministry, and the Commissioner of Police,

the Commander Armed Forces, the Head Security Service, and the

Director General of Civil Protection shall be ex officio members.

(4) The appointed members shall hold office for such term, not

being more than three years, as may be specified in their letter of

appointment.

(5) Where the seat of any appointed member is vacated before

the expiration of the term fixed in his letter of appointment, the

Prime Minister shall appoint another person to replace such

member for such term, not being a term of more than three years, as

the Prime Minister may specify in his letter of appointment.

Provided that the Council may act notwithstanding any

such vacancy.

(6) The Deputy Chairman shall act instead of the Chairman

whenever the Chairman is absent from a meeting of the Council or

is unable to act as Chairman for any reason.

(7) Notwithstanding any other provision of this article the

Prime Minister may at any time terminate the appointment of an

appointed member, if in his opinion such appointed member is unfit

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

performing his functions.

(8) The Director General of Civil Protection shall act as

secretary of the Council.

(9) The Council shall meet as often as necessary but in no case

less frequently than once in every three calendar months.

(10) The Council shall regulate its own proceedings.

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(1)

It shall be the function of the Council -

(a) to formulate, direct and co-ordinate all national policy

issues and practices relating to civil protection;

(b) to direct and co-ordinate within its sphere of

competence the carrying out of and preparations for

the civil protection tasks required in the event of a

public emergency or disaster;

(c) to advise and recommend to the Minister the

appropriate person, based on his special personal

qualities of decision making, competencies and

experience, to act as commander and overall national

co-ordinator of civil protection services and measures

in any particular emergency or disaster;

(d) to approve contingency plans and associated

guidelines and codes relating to public emergencies

and disasters;

(e) to monitor the workings of the Department of Civil

Protection;

(f) to advise the Minister on any measures that afford

protection to the public in the event of a public

emergency or a disaster;

(g) to encourage and support at national and local level

general

emergency

preparedness

capable

of

responding to all kinds of emergencies, whatever the

cause;

(h) to co-ordinate and encourage the development of civil

protection voluntary organisations.

(2) (a) For the purposes of sub-article (1)(d) and (f), there shall

be a Strategic Committee made up of the Director General, Civil

Protection, and representatives of the Ministry responsible for Civil

Protection, as appointed by the Minister, as well as other members

from the Department and other entities as may be appointed by the

Minister from time to time in consultation with the entity concerned.

(b) The Committee shall be responsible for the drafting of

standard operating procedures and other documents

relating to emergency response.

(3) The Council may, with the concurrence of the Minister,

from time to time establish such advisory commissions as it may

consider necessary to assist it in its functions; any such commission

shall have an advisory and consultative function, and its findings or

recommendations shall not be binding on the Council or the

(1) The Minister responsible for Civil Protection may by

regulation provide:-

(a) generally for regulating civil protection matters;

(b) for the procedures to be adopted with respect to any

disaster or public emergency occurring in Malta,

including any investigation relating thereto; and

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regulations under this paragraph may contain

provisions -

(i) requiring that notice be given of any such

disasters or emergency as aforesaid at such

times, in such manner and by such persons as

may be specified in the regulations;

(ii) applying, without modification, for the purpose

of investigations held with respect to any such

accident any of the provisions of any other

enactment relating to investigations in cases of

disaster;

(iii) prohibiting, pending investigation, access to or

interference in the area where a disaster has

occurred, and authorising any person, so far as

may be necessary for the purposes of an

investigation, to have access to, examine,

remove, take measures for the preservation of, or

otherwise deal with, any such area.

(c) for establishing the objectives and provisions,

directives, codes of practice and guidelines relating to

preparedness and response issues;

(d) for establishing the system and requirements for civil

protection planning;

(e) for determining, with the concurrence of the Minister

responsible for Finance, the method and payment of

compensation levels for material losses incurred by

persons during an emergency in terms of the

Emergency Powers Act and during a disaster as

defined in that Act;

(f) for prescribing or making provision for any matter that

is to be or may be prescribed under this Act;

(g) for penalties of an administrative nature;

(h) for establishing provisions and procedures with a view

to promoting fire safety;

(i) for prescribing provisions and procedures with a view

to maintaining a high level of health and safety during

public events

Provided that the organiser of the public event shall be

responsible for the carrying out of vulnerability and risk

assessments in relation to such public events,

notwithstanding any regulations that the Minister may

prescribe from time to time;

(j) for prescribing, amending or repealing the Schedules

to this Act.

(2) The payment of any compensation under the provision of

such regulations shall be a charge upon the Consolidated Fund.

(3) Without prejudice to the powers of the Minister under the

f o r e g o i n g s u b - a r t i c l e s o f t h i s a r t i c l e , e v e r y o ff i c e r o f t h e

Department of Civil Protection may prohibit access to any area

CIVIL PROTECTION

where a disaster or other emergency has occurred during the time

that rescue operations and investigations concerning the disaster or

the cause of the emergency are taking place.

(1) There is hereby established a force to be known as the

Assistance and Rescue Force.

(2) The Assistance and Rescue Force shall be headed by the

Director General or any officer designated or authorised by the Director

General to act on his behalf as may be prescribed by the Minister.

(3) Before entering upon his duties an officer of the Assistance

and Rescue Force shall take the oath of office according to the

Schedule to this Act.

(4)

The functions of the Assistance and Rescue Force shall be -

(a) to maintain an adequate service for prompt intervention

in the case of fire and rescue on land and at sea, flooding,

sea salvage, rescue and any other natural or man-made

disaster situation which requires the immediate

assistance of a public force or special equipment;

(b) to intervene in any emergency or disaster;

(c) to carry out any of the duties assigned to it by the

Director General of Civil Protection.

(5) The government and discipline of the Force shall be such

as may be prescribed by regulations made by the Minister under

article 7 and such regulations may contain provisions concerning

the recruitment to the Force and the terms and conditions of

service, the discharge from and the training of the Force, including

the transfer of any member thereof to any other force, as well as

any other matter relating to the Force.

(6) Regulations as aforesaid may provide for the extension to

the members of the Force of any one or more of the duties and

powers of the officers of the Police Force, subject to such

modifications, adaptations and restrictions, and in such

circumstances as may be specified in the regulations.

(7) The members of the Force shall be entitled to join a trade

union.

(8)

A candidate for appointment as an officer in the Assistance

and Rescue Force must have attained eighteen (18) years of age and

must not be above thirty-nine (39) years of age

Provided that, any member of the Civil Protection Volunteer

Corps who is above thirty-nine (39) years of age may still be eligible for

appointment as an officer in the Assistance and Rescue Force if he has

been active in the Corps for at least two (2) years.

(1) The Minister may, in any national or regional disaster

or emergency, or in anticipation thereof, appoint a person to act as

overall Commander as provided in article 6(1)(c) and may revoke

any such appointment.

(2)

In any emergency, disaster or other operation covered by

CIVIL PROTECTION

this Act, the Commander, if one has been appointed, or the Director

General or the highest ranking officer of the Assistance and Rescue

Force present on the scene shall have the following powers, in

addition to all other powers pertaining to his office under this Act

or any other law -

(a) to order the immediate requisition of any movable or

immovable thing, which is indispensably necessary in

his judgement for any operation;

(b) to order the evacuation from any premises of persons

and to debar any person from entering on any such

premises;

(c) to enter any premises, including a private residence, at

any time without the need of a warrant from any higher

authority;

(d) to cause damage to private property where this is

indispensably necessary to avoid any threat to the life

of others, or the spreading of the effects of any event.

(3) In any of the cases mentioned in paragraphs (a), (b) and (d)

of the preceding sub-article, the owner shall have the right for

compensation.

(4) The demand for any such compensation shall be made

within one year from the date of the occurrence, and the Court of

Magistrates in its civil jurisdiction shall be competent to hear and

decide any such claim, notwithstanding any other law delimiting its

jurisdiction.

(1) Any person who unlawfully removes and applies for

his own benefit or that of any other person any thing which is

abandoned by its owner on account of any disaster, fire, or other

event when the life of the owner or any other person was in

jeopardy, shall be guilty of an offence and shall be liable on

conviction to imprisonment for a period of not less than six months

and not more than ten years.

Provided that in assessing punishment, the Court shall take

into consideration not only the value of the thing, but also the

circumstances of hardship to which the owner was exposed in

abandoning the thing.

(2) When the offence is committed by any person who is

lawfully entrusted under this Act or any other law to assist persons

in danger of losing their life or their property, the punishment shall

be increased by two degrees.

(3) Any person who enters without due authorisation any area

delimited by officers of the Department of Civil Protection shall,

for the mere fact of entering, be guilty of an offence, and shall be

liable on conviction to imprisonment for a period of not less than

one month and not more than six months.

(4) Any person who refuses to comply immediately with a

requisition of any thing ordered under any power conferred by this

Act, even if verbally communicated to him, shall be guilty of an

offence and shall be liable on conviction to imprisonment for a

CIVIL PROTECTION

period not exceeding three months.

(5) Any person who refuses or fails to comply with any order,

even if verbally given by an officer acting within the powers of this

Act, or who interferes or obstructs with operations of assistance

and does not desist from his actions when warned, even verbally,

shall be guilty of an offence, and shall be liable on conviction to

imprisonment for a term not exceeding three months.

(6) Any person who fails to comply with any regulation issued

under this Act shall be guilty of a contravention, unless the specific

regulation imposes a penalty which is stated to be of an

administrative nature.

(7) It shall not be a defence to a charge under this article that

the person was acting as a professional person in mass

communications and that the acts were intended as an exercise of

the right to inform.

(Deleted by Act XIX. 2017.8.)

(1) The Minister, with the concurrence of the Minister

responsible for Finance, may make regulations for the granting of

pensions to persons who have served in the Force.

(2) Any regulations made under this article may with

retroactive effect confer a benefit upon or remove a disability

attaching to any person or class of persons.

(3) Any pension granted under this Act shall be computed in

accordance with the provisions in force at the actual date of the

officer’s retirement.

(4) No regulation made under this article shall have effect

unless it has been approved by a prior resolution of the House of

Representatives.

There shall be charged on and paid out of the Consolidated

Fund all such sums of money as may from time to time be granted

by way of pension in accordance with this Act.

It shall be lawful for the Minister to remove from his

office at any time an officer of the Force who

(i)

is considered unlikely to become, or has ceased to be,

an efficient officer of the Force;

(ii) is incapable by reason of some infirmity of mind or

body of discharging the duties of his office when such

infirmity is likely to be permanent; and

(iii) it is considered, having regard to the conditions of the

Force, the usefulness of the office thereto, and all the

circumstances of the case, that such officer should in

the public interest no longer serve as a member of the

Force.

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No pension shall be granted to any officer of the Force

except on his retirement from the Force in any one of the following

cases

(i)

on or after he has completed twenty-five years service

in the Force;

(ii) on the abolition of his office;

(iii) on compulsory retirement for the purpose of

facilitating improvement in the organisation of the

Force, by which greater efficiency and economy can

be effected;

(iv) in the case of termination of employment in the public

interest as provided in this Act; and

(v) on medical evidence to the satisfaction of the Minister

that such officer of the Force is incapable by reason of

infirmity of mind or body of discharging the duties of

his office and that such infirmity is likely to be

permanent.

Subject to any regulations made under this Act determining

the maximum pension grantable to an officer of the Force as may

be in force from time to time, where a person has been appointed an

officer of the Force, any period previous to that appointment during

which that person has served as an officer of the Force, prisons

officer or as a member of a disciplined force as defined in article

47(1) of the Constitution shall be deemed as service as an officer of

the Force for the purpose of any pension that may be granted under

this Act or any regulations made thereunder.

Where the services of an officer of the Force are terminated

on the grounds referred to in article 14(iii), and a pension cannot

otherwise be granted under the provisions of this Act, such officer

may be granted a pension not exceeding in amount that for which

he would be eligible if he retired from the Force in the

circumstances described in article 15(v).

Pensions, gratuities and allowances payable under this Act

to any officer of the Force shall also be payable to the person

entitled thereto in other Member States of the European

Community net of any taxes and transaction charges in accordance

with Article 5 of Council Directive 98/49/EC of the 29th June,

1998 on safeguarding the supplementary pension rights of

employed and self-employed persons moving within the

Community.

Where any officer of the Force is posted in another

Member State of the European Community, such officer shall be

entitled to receive adequate information as to his rights under

Article 7 of Council Directive 98/49/EC of the 29th June, 1998 on

safeguarding the supplementary pension rights of employed and

self-employed persons moving within the Community.

(1) The Force may make use of animals in the performance

of certain operations and in ceremonial functions.

(2) The Director General shall ensure that these animals are

treated in the best way possible and compatibly with the nature of

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such animals, and that they are not subjected to any cruel treatment.

(3) Unless otherwise advised by a veterinary surgeon, an

animal that is no longer of use to the Force, for any reason

whatsoever, shall preferably be donated to any person or body that

can continue to treat the animal well in its retirement. The Force

shall never put down an animal merely because no suitable person

has been immediately found to take care of that animal.