MALTA STANDARDS AUTHORITY ACT

MALTA STANDARDS AUTHORITY

CHAPTER 419

MALTA STANDARDS AUTHORITY ACT

To repeal and re-enact with amendments the Malta Standardisation

Authority Act, Cap. 187.

18th July, 2000

ACT XIX of 2000 , as amended by Acts XV of 2006 and XXXII of

2007 ; Legal Notice 426 of 2007 ; and Acts XXIX of 2007 and XIV of

2008 .

The short title of this Act is the Malta Standards Authority

Act.

In this Act, unless the context otherwise requires -

"Authority" means the Malta Standards Authority;

"Chairman" means the Chairman of the Authority;

"Chief Executive" means the Chief Executive appointed under

article 3;

"conformity mark" means a mark, issued in accordance with

regulations made under article 21, showing compliance with an

applicable standard;

"draft standard" means a document containing the text of the

technical specifications concerning a given subject, which is being

considered for adoption and as circulated for public comment or

scrutiny;

"Directorates" means such directorates as may be established

under article 3;

"employee" means a person employed with the Authority;

"European standardization body" means any of the following

bodies

-

CEN - European Committee for Standardization;

-

CENELEC - European Committee for Electrotechnical

Standardization;

-

ETSI - European Telecommunications Standards

Institute;

"financial year" means any period of twelve months ending on

the 31st December

Provided that the financial year which commenced on the 1st

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

terminate on the 31st December, 2008;

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

of the Constitution of Malta;

"Minister" means the Minister responsible for the Malta

Standards Authority;

"permit" means a permit granted by the Authority under article

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19 (1) for the use of a conformity mark;

"product" means any industrially manufactured product and any

agricultural product, including fish products;

"public officer" has the same meaning assigned to it by article

124 of the Constitution but does not include a judge of the Superior

Courts or a Magistrate of the Inferior Courts;

"service" means a result generated by activities at the interface

between the supplier and the customer and by supplier internal

activities to meet the customer needs;

"standard" means a technical specification approved by a

recognised standardization body for repeated or continuous

application, with which compliance is not compulsory, whether or

not including other requirements, and which is one of the

following

-

International Standard: a standard adopted by an

international standardization organisation, other than a

European standardization body, and made available to

the public;

-

European Standard: a standard adopted by a European

standardization body and made available to the public;

-

National Standard: a standard adopted by the

Authority and made available to the public;

"standards programme" means a work programme listing the

subjects on which standardization work is being carried out;

"technical specification" means a specification contained in a

document which lays down the characteristics required of a product

and, or, service such as levels of quality, performance, safety or

dimensions, including the requirements applicable to the product

and, or, service as regards the name under which the product and,

or, service is sold, terminology, symbols, testing and test methods,

packaging, marking or labelling used and the conformity

assessment procedures. This term also covers production methods

and processes used in respect of agricultural products, products

intended for human and animal consumption, and medicinal

products, as well as production methods and processes relating to

other products, where these have an effect on their characteristics.

For the purposes of this definition, "conformity assessment

procedures" mean any procedures used, directly and indirectly, to

determine that relevant requirements in technical regulations or

standards are fulfilled, including, inter alia, procedures for

sampling, testing and inspection; evaluation, verification and

assurance of conformity, registration, accreditation and approval as

well as their combinations.

(1) There shall continue to be an Authority, to be called the

Malta Standards Authority, which shall exercise and perform the

functions assigned to it by this Act or by any other law.

(2)

The Authority shall have a Council which shall have the

functions set out in subarticle (2A) and which shall be composed as

follows:-

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(a) a Chairman, appointed by the Prime Minister;

(b) the Director of Industry ex officio who shall be Deputy

Chairman;

(c) the Comptroller of Customs ex officio;

(d) the Director of Agriculture ex officio;

(e) the Director of Consumer Affairs ex officio;

(f) the Director (Environment Protection) ex officio;

(g) the Director (Public Health) ex officio;

(h) three members appointed by the Minister -

(i) one after consultation with the Kamra tal-Periti;

(ii) one after consultation with the Chamber of

Professional Engineers, and

(iii) one after consultation with the Chamber of

Pharmacists;

(i) a member appointed by the Council of the University

of Malta;

(j) a representative of the Malta Council for Science and

Technology, appointed by the Prime Minister;

(k) two members appointed by the Chamber of Commerce,

Enterprise and Industry; and

(l) a member appointed by the General Retailers and

Traders Union.

(2A) The Council shall have the following functions

(a) to determine the general policy and objectives of the

Authority within the context of the framework policies

established by Government;

(b) to act as a liaison point between the Authority and the

sectors it represents, and other persons having an

interest therein;

(c) to approve any agreement proposed under subarticle

(11) before such agreement is forwarded for the

concurrence of the Minister in terms of the said

subarticle;

(d) to approve the financial statements of the Authority;

(e) to guarantee the functional independence of the

Directorates.

(2B) With the exception of the Chairman, who shall act in his

own individual judgement in the interests of the Authority, the

members of the Council shall be appointed as representatives of the

sectors they represent.

(3) The members of the Council other than those referred to in

subarticle (2)(b) to (g) shall be appointed for a period not

exceeding three years and shall be eligible to be reappointed.

(4) The members of the Council shall

receive

such

remuneration as the Minister may prescribe.

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(5) Subject to the other provisions of this Act the affairs and

business of the Authority shall be the responsibility of the

Authority itself but save as aforesaid, the executive conduct of the

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

administrative control of its officers and employees, shall be the

responsibility of the Chief Executive of the Authority, who shall

also have such other powers as may from time to time be delegated

to him by the Authority. The Chief Executive of the Authority shall

act as Secretary to the Council

Provided that the Authority may if it so deems fit require

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

a meeting of the Council.

(6) The presence at any meeting of the Council of the Chairman

or the Deputy Chairman and any other six members shall constitute

a quorum

Provided that, where a member of the Council has a direct

or an indirect interest in any matter being discussed or decided

upon by the Council, then such member shall not be present at the

time of such discussion or decision.

(7) Subject to the provisions of this Act and of any regulations

made thereunder the Council shall regulate its own proceedings.

(8) The Council may act notwithstanding any vacancy as long

as a quorum is present.

(9) The Chairman shall have an original and in the case of

equality of votes a second or casting vote.

(10) The Authority shall be the authority in Malta entrusted with

the coordination of standardization and related activities, and in the

exercise of its functions under this or any other law, it shall, unless

otherwise expressly provided, not be under the direction or control

of any person or authority.

(11) The Authority may with the concurrence of the Minister,

enter into agreements with any person or authority whereby such

person or authority shall on behalf of the Authority carry out such

functions and services as are by this or any other law assigned to

the Authority.

Provided that nothing in this subarticle shall authorise the

Authority to contract out its functions as specified in article 16(a).

(12) The Authority shall have a legal personality distinct from

that of the Government, its legal representation shall vest in the

Chairman. The assets and other properties held by the Authority

shall however be the property of the Government and the Authority

shall only have their administration during such tenure, and shall

dispose of them in accordance with such directives as the Minister

may from time to time give to the Authority.

(13) The Authority may with the approval of the Minister recruit

such personnel as it may require for the proper discharge of its

functions under this Act under such terms and conditions as the

Minister may approve.

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(14) There shall be established such Directorates as the Minister

may by Order prescribe and which shall have the responsibilities as

described therein. The Minister may, after consulting the Authority,

by Order abolish any one or more of the said Directorates, vary

their responsibilities and establish such other Directorates as he

may from time to time deem appropriate.

(15) The Authority shall exercise its functions through the

Directorates so established and for such purpose it shall vest in

each of the Directorates such of its functions as relate or are

ancillary to the matters for which it is responsible so as to enable

the said Directorate to give effect to the policies of the Authority

and to otherwise discharge effectively and efficiently the functions

of the Authority in its respective area of operation.

(16) Each of the Directorates so established shall be headed by a

person who shall either be a public officer detailed for duty with

the Authority or an employee of the Authority or a person detailed

to work for the Authority in accordance with an agreement made

between the Authority and a public or private undertaking, in either

case having adequate experience or knowledge in his respective

area of operation.

(17) The Chief Executive and the heads of the Directorates shall

be appointed by the Authority after consultation with the Minister

for a period of three years which may be extended for further

periods of three years each

Provided that the first Chief Executive and the first head of

each Directorate to be appointed after the coming into force of this

Act shall be appointed by the Minister.

(18) The Authority and each of the Directorates may exercise

any one or more of their functions either directly or through any of

their officers or employees or, subject to the proviso to subarticle

(11), through an agency authorised for the purpose, or through a

contractor or other person with whom an agreement for the

performance of any one or more of such functions has been entered

into.

(19) Where in this Act anything is to be done by or against or

with respect to the Authority, or any notice is to be or may be given

to the Authority, any such thing or notice may also be done by or

against or with respect to or be given to the Directorate under

whose jurisdiction the matter falls by reason of a delegation of

function to such Directorate; and for the purposes aforesaid any

reference in this Act to the Authority includes a reference to the

appropriate Directorate.

(20) The Minister may, in relation to matters that appear to him

to affect the public interest, from time to time give to the Authority

written directions of a general character, not inconsistent with the

provisions of this Act, on the policy to be followed in the carrying

out of the functions vested in the Authority by or under this Act,

and the Authority shall, as soon as may be, give effect to all such

directions.

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

obtaining information with respect to its property and activities and

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furnish him with returns, accounts and other information with

respect thereto, and afford to him facilities for the verification of

information furnished, in such manner and at such times as he may

reasonably require.

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

Authority, from time to time direct that any public officer shall be

detailed for duty with the Authority in such capacity and with

effect from such date as may be specified in the direction.

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

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

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

date, or a different date is specified in the direction, end on the

happening of any of the following events, that is to say -

(a) the acceptance by such officer of an offer of transfer to

the service of, and permanent employment with the

Authority made in pursuance of subarticle (8); or

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

made by him under this article in relation to such

officer.

(3) Where a direction as aforesaid is revoked by the Prime

Minister in relation to any officer, the Prime Minister may, by

further direction, detail such officer for duty with the Authority in

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

the further direction, and the provisions of subarticle (2) shall

thereupon apply to the period of duration of such further direction

in relation to such officer.

(4) When a public officer is detailed for duty with the

Authority under any of the provisions of this article, such officer

shall, during the time the direction has effect in relation to him, be

under the administrative authority and control of the Authority, but

he shall for other intents and purposes remain, and be considered

and treated as, a public officer.

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

public officer detailed for duty as aforesaid -

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

detailed -

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

department of the Government in accordance

with the terms and conditions of service attached

to the appointment under the Government held

by him at the date on which he was detailed for

duty; or

(ii) be so employed that his remuneration and

conditions of service are less favourable than

those which are attached to the appointment

under the Government held by him at the date he

was detailed for duty as aforesaid or which

would have become attached to such

appointment, during the said period, had such

officer not been detailed for duty with the

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Authority; and

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

considered as service with the Government for the

purpose of any pension, gratuity or benefit under the

Pensions Ordinance and the Widows’ and Orphans’

Pension Act, and of any other right of privilege to

which he would be entitled, and shall be liable to any

liability to which he would be liable, but for the fact

that he is detailed for duty with the Authority.

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

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

applicant had not been detailed for duty with the Authority.

(7) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer detailed for duty with the

Authority as aforesaid during the period in which he is so detailed.

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

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

Authority under subarticle (2) permanent employment with the

Authority at a remuneration and on terms and conditions specified

in the offer.

(9) Every officer who accepts permanent employment with the

Authority offered to him under this article shall, for all purposes be

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

to have entered into service with the Authority on the date of his

acceptance.

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

accepting permanent employment with the Authority was entitled

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

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

his service with the Authority were service with the Government.

(11) (a) Posts and salary grades with the Authority shall be

classified in the most nearly corresponding grades and

incremental levels in the service under the Government

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 Minister responsible for finance and

two other members, one appointed by the Minister

responsible centrally far 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

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of Grade 3 in the service of the Government or such

other grade as the Minister responsible for finance may

from time to time by notice in the Gazette determine.

(e) Without prejudice to article 113 of the Constitution, 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.

(1) Without prejudice to the following provisions of this

article, the Authority shall so conduct its affairs that so much of the

expenditure required for the proper performance of its functions as

is possible shall, as far as practicable, be met out of its revenue.

(2) For such purpose the Authority shall levy all fees, rates and

other payments prescribed or deemed to be prescribed by or under

this Act or any other law related to the powers and functions of the

Authority.

(3) The Authority shall also be paid by Government out of the

Consolidated Fund such sums as Parliament may from time to time

authorise to be appropriated to meet any of its expenditure that

cannot be covered by its revenues and the costs of specified works

to be continued or otherwise carried out by the Authority, being

works of infrastructure or a similar capital nature.

(4) Any excess of revenue over expenditure shall, subject to

such directives as the Minister, after consultation with the Minister

responsible for finance, may from time to time give, be applied by

the Authority to the formation of reserve funds to be used for the

purposes of the Authority; and without prejudice to the generality

of the powers given to the Minister by this subarticle, any direction

given by the Minister as aforesaid may order the transfer to the

Government, or the application in such manner as may be specified

in the direction, of any part of the fees, rates and other payments

levied in accordance with subarticle (2) or any such excess as

aforesaid.

(5) Any funds of the Authority not immediately required to

meet expenditure may be invested in such manner as may from time

to time be approved by the Minister.

(1) For the purpose of carrying out any of its functions

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

the Minister given after consultation with the Minister responsible

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

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

the Minister, after consultation as aforesaid, may in writing

approve.

(2) The Authority may also, from time to time, borrow, by way

of overdraft or otherwise, such sums as it may require for carrying

out its functions under this Act

Provided that for any amount in excess of one hundred and

sixteen thousand and four hundred and sixty-eight euro and sixty-

seven cents (116,468.67), there shall be required the approval of

MALTA STANDARDS AUTHORITY

the Minister in writing.

The Minister responsible for finance may, after

consultation with the Minister, make advances to the Authority of

such sums as he may agree to be required by the Authority for

carrying out any of its functions under this Act, and may make such

a d v a n c e s o n s u c h t e r m s a n d c o n d i t i o n s a s h e m a y, a f t e r

consultation as aforesaid, deem appropriate. Any such advance may

be made by the Minister responsible for finance out of the

Consolidated Fund, and without further appropriation other than

this Act, by warrant under his hand authorising the Accountant

General to make such advance.

(1) The Minister responsible for finance may, for any

requirements of the Authority of a capital nature, contract or raise

loans, or incur liabilities, for such periods and on such terms and

conditions as he may deem appropriate; and any sums due in

respect of or in connection with any such loan or liability shall be a

charge on the Consolidated Fund.

(2) Notice of any loans, liabilities or advances made or

incurred under the foregoing provisions of this article shall be

given to the House of Representatives as soon as practicable.

(3) Pending the raising of any such loan as is mentioned in

subarticle (1), or for the purpose of providing the Authority with

working capital, the Minister responsible for finance may, by

warrant under his hand, and without further appropriation other

than this Act, authorise the Accountant General to make advances

to the Authority out of the Treasury Clearance Fund under such

terms as may be specified by the Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to the Authority, and any other moneys to be advanced to

the Authority under this article, shall be paid into a fund specially

established for the purpose and which shall be known as the "Malta

Standards Authority Loan Fund".

(5) Sums received by the Accountant General from the

Authority in respect of advances made to the Authority under

subarticle (3) shall be paid, as respects of amounts received by way

of repayment into the Treasury Clearance Fund and, as respects of

amount received by way of interest into the Consolidated Fund.

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

financial year, and shall not later than six weeks after the end of

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

the Authority for the next following financial year

Provided that the estimates for the first financial year of the

Authority shall be prepared and adopted within such time as the

Minister may by notice in writing to the Authority specify.

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

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

to it out of the Consolidated Fund during the relevant financial

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

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

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

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sufficient to meet all sums properly chargeable to its revenue

account including, but without prejudice to the generality of that

expression, depreciation.

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

contain such information and such comparison with previous years

as the Minister responsible for finance may direct.

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

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

the Minister responsible for finance.

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

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

the Authority approve the same with or without amendment after

consultation with the Minister responsible for finance.

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

Authority unless it has been approved by the Minister as provided

in article 9.

(2)

Notwithstanding the provisions of subarticle (1) -

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

of a financial year, or until the approval of the

estimates for that year by the Minister, whichever is

the earlier date, the Authority may make or incur

expenditure for carrying on its functions under this Act

not exceeding in the aggregate one-half of the amount

approved by the Minister 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

given after consultation with the Minister responsible

for finance, be made or incurred in respect of another

head or sub-head of the estimates;

(c) in respect of the first financial year closing after the

coming into force of this Act, the Authority may make

or incur expenditure not exceeding in the aggregate

such amounts as the Minister responsible for finance

may, after consultation with the Minister, allow;

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

amount approved by the Minister is not sufficient or 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 Minister

and in any such case the provisions of this Act

applicable to the estimates shall as near as practicable

apply to the supplementary estimates.

All estimates and supplementary estimates of the Authority

approved by the Minister shall, as soon as practicable, be laid on

the Table of the House.

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

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

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

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

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

Minister

Provided that the Minister responsible for finance may,

after consultation with the Minister, require the books and accounts

of the Authority to be audited or examined by the Auditor General

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

checking and other certifications as he may deem necessary.

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

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

Minister under article 9, the Authority shall cause a copy of the

statement of account duly audited to be transmitted to the Minister

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

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

accounts of the Authority.

(4) The Minister shall, as soon as practicable, cause a copy of

every such statement and report to be laid on the Table of the

House.

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

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

resolution of the Authority. Such monies shall, as far as practicable,

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

Authority may authorise to be retained to meet petty disbursements

and immediate cash payments.

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

petty disbursements not exceeding a sum fixed by the Authority,

shall be made by such officer or officers of the authority as the

Authority shall appoint or designate for that purpose.

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

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

may be appointed or designated by the Authority for that purpose

and shall be countersigned by the Chairman, or such other member

or officer of the Authority as may be authorised by the Authority

for that purpose.

(4) The Authority shall also make provision with respect to -

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

whom payments are to be authorised or approved;

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

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

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

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

funds of the Authority;

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

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

control of the finance, of the Authority.

The Authority shall not, except with the approval of the

Minister granted for special reasons and after consultation with the

Minister responsible for finance, award or enter into any contract

for the supply of goods or materials or for the execution of works,

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or for the rendering of services, to or for the benefit of the

Authority, which is estimated by the Authority to exceed six

thousand and nine hundred and eighty-eight euro and twelve cents

(6,988.12) in value, or such other amount as the Minister

responsible for finance may by regulations prescribe, except after

notice of the intention of the Authority to enter into the contract has

been published and competitive tenders have been issued.

The Authority shall, not later than six weeks after the end

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

Minister responsible for finance a report dealing generally with the

activities of the Authority during that financial year and containing

such information relating to the proceedings and policy of

Authority as either of the said Ministers may from time to time

require. The Minister shall at the earliest opportunity and not later

than eight weeks after he has received a copy of every such report,

or if at any time during the period the House of Representatives is

not in session, within eight weeks from the beginning of the next

following session, cause a copy of every such report to be laid on

the Table of the House of Representatives.

The functions of the Authority shall be

(a) to make, adopt and publish standards, in relation to

any class, category or type of products and, or,

services;

(b) to co-ordinate, monitor and promote standardization

and related activities at the various corporate, national,

regional and international levels, and to supply and, or,

ensure the existence of adequate supporting related

services;

For the purpose of this paragraph, "supporting related

services" include

(i) promoting the adoption and application of all

aspects of metrology as a necessary adjunct to

standardization;

(ii) the availability or ensuring the availability of

testing services;

(iii) offering technological advice and consultancy

services to Government, Government agencies

and the private sector;

(iv) setting up and maintaining an international

accreditation programme; and

(v) any other services related to standardization as

may be required;

(c) to publish lists of standardization bodies that are

recognised by the Authority for the purposes of this

Act;

(d) to consider all applications for a permit to use a

conformity mark and to grant permits for such

purpose;

(e) to inform the public of new subjects included in its

standards programme and of the preparation or

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amendment of a standard, unless such standard is an

identical or equivalent transposition of an

International or European standard. This information

shall indicate, in particular, whether the standard

concerned

-

will transpose an international standard without

being the equivalent;

-

will be a new national standard; or

-

will amend a national standard; and

(f) to cooperate with National, European, Regional or

other international bodies in the field of

standardization and to exchange information therewith

generally, and in particular to such extent as may be

provided for in any international obligation entered

into by Malta or as may be prescribed;

(g) to perform such other functions as may be assigned to

it under the provisions of this Act or of any other law.

The power conferred on the Authority to make, adopt and

publish standards shall be construed as including the power,

exercisable in like manner, to vary, substitute or revoke any such

standard.

(1) The Authority shall publish in the Gazette a list of

standards made, adopted or transposed by it together with their

international equivalence, if applicable, and shall in such notices

also indicate where a copy of such standards may be obtained.

(2) Notwithstanding the other provisions of this Act or of any

other law, the list of standards mentioned in subarticle (1) and any

standard made, adopted or transposed by the Authority may be

made, published, prescribed or made available to the public in the

English language only.

(1) The Authority shall grant a permit for the use of a

conformity mark in relation to any product and, or, services which

satisfy the standards and technical regulations and fulfil the

conditions prescribed therein, conformity to which is being

declared.

(2) The Authority shall not grant a permit unless it is furnished

with such proof and it is given such opportunities and facilities as

may be reasonably necessary in order that the Authority may

satisfy itself that the product and, or, services in relation to which

the application has been made qualify for such permit.

(3) In any permit granted in relation to any product and, or,

service, the Authority besides describing such product and, or,

service shall also:-

(a) name the person to whom the permit is granted;

(b) state the country where the said goods are produced,

manufactured or processed; and

(c) specify the standards applicable to the said product

and, or, services

MALTA STANDARDS AUTHORITY

Provided that, when there have been no changes in the other

circumstances which justified the grant of a permit, the Authority

shall in regard to any such permit authorize, on application, the

substitution of the person named therein as will be proved to be

necessary.

(4) For the purpose of this Act the particulars referred to in

paragraphs (a) and (b) of the last foregoing subarticle shall be

deemed to form part of the description of the product and, or,

service to which they refer.

(1) Officers authorized in writing to that effect by the

Authority shall at all reasonable times have access for the purposes

of this Act to any place where goods and, or, services in respect of

which there is in force a permit are produced, manufactured or

processed, and they shall be entitled to inspect such place, to

examine such goods and to take samples thereof in the manner

prescribed by the Minister.

(2) Any person who denies the said right of access in any such

place to an officer authorized as aforesaid or in any such place

hinders or obstructs him in the discharge of his duties shall be

guilty of an offence and shall be liable on conviction by the Court

of Magistrates to a fine (multa) of not less than one hundred and

sixteen euro and forty-seven cents (116.47) and not exceeding four

hundred and sixty-five euro and eighty-seven cents (465.87) or to

imprisonment for a term from one to three months or to both such

fine and imprisonment.

The Minister, after consultation with the Authority, may

from time to time make regulations

(a) prescribing the mark or symbol that is to be used to

indicate conformity with any standard;

(b) prescribing the manner and form in which any

application for a conformity mark shall be made, the

information which such application is to contain, and

the fees payable in respect thereof;

(c) prescribing the manner and form in which permits

shall be issued by the Authority and the fees payable in

respect thereof;

(d) prescribing the manner of registration of permits

issued under this Act;

(e) prescribing the manner in which samples of products

shall be taken;

(f) providing for the publication of draft standards and the

manner in which the public can make representations

thereon to the Authority;

(g) prescribing the fees or charges that may be charged in

respect of any service provided by the Authority under

this Act;

(h) prescribing anything that is or may be prescribed

under this Act; and

MALTA STANDARDS AUTHORITY

(i)

generally for the better carrying out of the objects and

purposes of this Act.

(1) Regulations made under the Malta Standardisation

Authority Act shall continue in force as if made under the

provisions of this Act and may be amended and revoked

accordingly.

(2) The Authority established under the Malta Standardisation

Authority Act shall continue in being as the Authority established

under this Act.

(3) Any Standard Order made under the Malta Standardisation

Authority Act shall continue in force as if it were a Standard Order

made under this Act and may be amended or revoked accordingly.