PUBLIC HEALTH ACT

CHAPTER 465

PUBLIC HEALTH ACT

To promote and protect health.

21st November, 2003;

30th June, 2007

ACT XIII of 2003 , as amended by Act III of 2004 and Legal Notice

427 of 2007 and Acts XVII of 2019, X and XII of 2020 and XXXIII of

2024. PART I

PRELIMINARY

The short title of this Act is the Public Health Act.

In this Act, unless the context otherwise requires -

"abatement notice" means the official notification for the

elimination or removal of a nuisance issued in virtue of article 12;

"airport" means an airport designated by the state in whose

territory it is situated as an airport of entry or departure for

international air traffic;

"animal" means any animal whether kept as a pet or otherwise

and includes birds, fish, reptiles and insects;

"authorised officer" means any duly qualified person authorised

by the Superintendent to carry out any functions under this Act and

includes any nominated officer;

"bathing area" means any place where bathing water is found;

"bathing water" means sea water along the coastline of the

Maltese islands which is recognised as such by the Superintendent

and wherein bathing is not prohibited;

"body of water" means an area of sea, whether enclosed or not,

and whether public or private;

"chimney" includes structures and openings of any kind from or

through which smoke, grit, dust or fumes may be emitted, and, in

particular, includes flues, and references to a chimney of a building

include references to a chimney which serves the whole or a part of

a building but is structurally separate from the building but does

not include an exhaust pipe of any vehicle;

"consent" means approval given by an individual without any

force, fraud or threat;

"contaminant" means any substance declared under article 27 to

be a contaminant;

"contaminated land" means land considered as a public health

risk by the Superintendent because of its being contaminated by

waste disposal, or by industrial or other waste, or other activities;

"Council of Health" means the Council constituted by article 7 of

the Department of Health (Constitution) Ordinance;

"dark smoke" means smoke which is classified as such when

measured in terms of any regulations prescribed by the Minister

under this Act;

"disease" includes any sickness or illness which may cause a

disruption of human body functions, systems or organs; and

includes also any notifiable disease as well as any symptoms

associated with a disease;

"domestic furnace" means any furnace which is to used solely or

mainly for domestic purposes, and is designed for heating a boiler

with a maximum heating capacity of less than 16.12 kilowatts;

"free pratique" means permission for a ship to enter a port and

disembark passengers, or for an aircraft, after landing, to disembark

passengers;

"human pathogenic organism" means an organism declared under

article 27 to be a human pathogenic organism, and any toxins

produced by such an organism;

"inhabited area" means an area occupied or capable of being

occupied by one hundred persons at an accommodation rate of 3.5

persons per residential unit;

"medical examination" means any physical, psychological or

psychiatric examination and includes the taking of samples of any

substance or excrement from the body;

"medical practitioner" means a person legally entitled to practice

as a medical practitioner under any law for the time being in force;

"Minister" means the Minister responsible for public health;

"noise" means noise emitted from all sources and includes noise

from road, air traffic, industries, construction and public work, the

surrounding neighbourhood, noise emitted from ventilation

systems, office machines and home appliances;

" no m i na te d o ff i c e r" m e a n s a ny pe r s on au th o r ise d b y t he

Superintendent to carry out any specified function or functions

under this Act for such period of time as the Superintendent may

determine;

"notifiable disease" means a disease declared under article 27 to

be a disease which is required to be reported to the Superintendent;

"nuisance" means unlawful interference, of public health

significance, with the enjoyment of property or with a person’s way

of life and which is prejudicial to health and has an element of

repetition;

"owner" includes

(a) the agent of the owner or a trustee;

(b) any person who receives, or is entitled to receive rental

payments under a lease of the premises;

(c) an occupier; and

(d) a person in charge of or operating any premises;

"person" means physical or legal person and includes a public

authority;

"port" means a port designated by the state in whose territory it is

situated as a port of entry or departure for international travel or

trade;

"practicable" means reasonably practicable having regards,

amongst other things, to local conditions and circumstances, to the

fin ancial im pl icati ons and to the current stat e of tech nical

knowledge;

"premises" includes

(a) land;

(b) a building or part of a building;

(c) a structure or part of a structure; and

(d) a tent, stall or other temporary structure;

"private dwelling" means any building or part of a building used

or intended to be used for or by a person to reside in;

"public health" means the physical and mental well being of the

community;

"public health emergency" means any situation in which a public

health risk is actual or imminent;

"public health risk" includes any person and any structure,

activity, animal, substance or thing that may contribute to disease

in humans or may have adverse effects on human health or prevent

and, or, restrict the improvement of public health;

"recreational water" means bathing water, swimming pool water

and any body of water used for recreational purposes;

"smoke" includes soot, ash, grit and gritty particles emitted in

smoke;

"Superintendent" means the Superintendent of Public Health and

to the extent of any delegation or authority given includes an

authorised officer;

"swimming pool water" means water in a pool intended for

recreational bathing, swimming, diving, or for therapeutic purposes

whether located indoors or outdoors other than such pool used or

intended to be used as a pool at a single-family residence, but

includes a swimming pool located at a single-family residence,

which is used or intended to be used for commercial or business

purposes;

"vaccine" means a vaccine, derived from any source, that is used

to prevent disease in humans;

"vehicle" includes any sea-going craft or aircraft;

"waste" includes refuse, rubbish, sewage, manure, liquid waste,

stagnant water, rubble and debris;

"water" excludes water for human consumption.

PART II

PUBLIC HEALTH

ADMINISTRATION

This Act shall be administered by the Superintendent

Provided that in matters related to radiation the

Superintendent shall act through the Radiation Protection Board

established by the Health and Safety at Work Act, and that in

matters related to food safety the Superintendent shall act through

the Food Safety Commission established by the Food Safety Act.

The Superintendent shall be responsible for public health

in Malta and shall

(a) ensure that the provisions of this Act and of

regulations made thereunder are complied with;

(b) develop and implement strategies to promote and

improve public health;

(c) issue standards for public health;

(d) advise the Minister on matters regarding public health

in general and on matters relating to this Act in

particular;

(e) carry out any other function assigned to him by this

Act or any other law; and

(f)

perform any other act which may be necessary or

conducive to the better performance of the functions

and responsibilities assigned to him by this Act.

(1) The Superintendent may under such conditions as he

may deem fit, delegate any of his powers under this Act to any

person.

(2) Such delegation may be with respect to different parts or

articles of this Act and to different persons or entities or to a

combination and be subject to any direction by the Superintendent

who may, at any time, revoke it.

(1) For the purposes of this Act, the Superintendent or an

authorised officer may, at any reasonable time -

(a) enter, and inspect any area, premises, body of water or

vehicle;

(b) require any person to answer any question and, or,

produce any records under that person’s control

concerning any activities carried in any area, premises,

body of water or vehicle;

(c) inspect, extract or seize any record or take any copy of

any record relevant to public health in whatever form

held and, where any record is kept by means of a

computer -

(i)

shall have access to, and inspect and check the

operation of any computer, any associated

apparatus or material which is or has been or

could have been used in connection with the

records; and

(ii) shall require any person having charge of, or

otherwise concerned with the operation of, the

computer, apparatus or material to afford him

such assistance as he may reasonably require;

(d) request any translation of any document into Maltese

or English;

(e) examine and, or, inspect any person or object found in

or on any area, premises, body of water or vehicle;

(f)

mark, fasten, seal, take and remove a sample of any

object found in or on any area, premises, body of water

or vehicle;

(g) open any container, receptacle or package found in or

on any area, premises, body of water, or vehicle;

(h) weigh, count, measure or gauge any object found in or

on any area, premises, body of water or vehicle;

(i)

seize any object or record found in or on any area,

premises body of water and vehicle;

(j)

seal any area, premises, body of water or vehicle;

(k) take any photographs, film, tape or video image and

make any sketch, plan, or drawing or otherwise make a

record of any person, premises, body of water or

vehicle, or anything contained, therein or thereon;

(l)

test and, or, examine any drainage system;

(m) carry out any test, examination, or measurement by

instruments, monitor any situation, and make

observations that may be required under this Act;

(n) give any order under this Act that he may deem

necessary;

(o) refer any matter to any relevant board under this Act.

(2) An authorised officer shall, when exercising a power

delegated to him by the Superintendent under the provisions of this

(a) provide an identification document issued by the

Superintendent under article 11 when requested by the

owner of the area, premises, body of water or vehicle;

(b) give reasonable notice unless such notice would defeat

the objective of the intended exercise.

(3) An authorised officer, while exercising any power under

this Act, may request the assistance of a police officer or of any

other person as he may require.

(4) A person who seizes any object under subarticle (1)(i),

shall, by notice in writing served on the owner of the object or the

person in charge of the said object at the time, specify the details of

the object seized and the date.

(1) The Superintendent may by order and in the national

interest exempt -

(a) any person;

(b) any matter or activity;

(c) any area, premises, body of water;

(d) and any vehicle

from any provision of this Act.

(2) An order made in accordance with subarticle (1) shall be

immediately enforceable, and shall without prejudice to its

enforceability be published in the Gazette as soon as practicable

after it is made. Any such order may be revoked, amended or

substituted by subsequent order of the Superintendent

Provided that such order that is revoked, amended or

substituted shall be published in the Gazette as soon as practical

after it is made.

The Superintendent or any authorised officer may for the

purposes of this Act request any person to

(a) give his personal details;

(b) give details of any licence, permit or exemption under

this Act;

(c) provide any information relating to public health; and

(d) give information about his or any other person’s

activities in respect of any matter under this Act.

Any person who by any means whatsoever, hinders or

o bs t ru c ts th e S u per in te n den t or a n au th or is e d o ffi c e r f ro m

exercising any of his powers and functions under this Act shall be

guilty of an offence against this Act.

The Superintendent and any authorised officer may not

directly or indirectly involve himself in any activity that may be in

conflict with the execution of his duties under this Act.

The Superintendent shall issue identification documents to

authorised officers.

(1) When the Superintendent or an authorised officer

believes, on reasonable grounds, that any requirement under this

Act or under any regulation made thereunder is not being complied

with he may issue an abatement notice to any person whom he

believes is responsible to comply or ensure compliance with such

requirement

Provided that an abatement notice may be issued to

different persons when the responsibility for complying falls on

more than one person.

(2)

An abatement notice shall be in writing and shall contain

(a) all relevant details relating to the infringement; and

(b) the address or an indication of the place where the

infringement is taking place; and

(c) an order stating what is required to be done to comply

with the notice.

(3) An abatement notice may be given orally by the

Superintendent or an authorised officer -

(a) in urgent cases; or

(b) if it proves impossible to serve it in written form.

(4)

An abatement notice shall be served in writing

(a) at either the residential or commercial address of the

person on whom the abatement notice is to be served;

(b) or, where the person on whom an abatement notice is

to be served cannot be found, by affixing the

abatement notice onto the premises, where the

infringement is taking place, and any person who

removes or in any way interferes with an abatement

notice so affixed shall be guilty of an offence.

(5) Any person or persons, on whom an abatement notice is

served, shall abate the nuisance without delay and in any case not

later than such time indicated in the abatement notice

Provided that the indication of any such time in the

abatement notice shall be without prejudice to any other action that

may be taken by the Superintendent or any authorised officer

before the expiry thereof.

(6) Any person on whom an abatement notice has been served

and who fails to comply with any of the requirements of the notice,

shall be guilty of an offence against this Act and the Court may

apart from awarding punishment, order the accused to undertake

such works so as to prevent the reoccurrence of the infringement.

(1) When it appears to the Superintendent that any person

has engaged in any conduct that constitutes an offence against this

Act or has failed to comply with any regulations made thereunder,

the Superintendent may, at his discretion, instead of authorising

proceedings against that person, caution that person in writing, and

seek an undertaking in writing from that person that he shall refrain

from the conduct specified in the undertaking.

(2) The Superintendent shall maintain a register of

undertakings made under subarticle (1), which register shall be

kept at an office specified by him, and shall be available for public

inspection at such times as may be established by notice published

in the Gazette.

(3) Any person who acts in contravention of an undertaking

made in accordance with subarticle (1) shall be guilty of an offence

against this Act.

(4) As long as it is reasonably possible in the circumstances,

the Superintendent shall inform the person being investigated,

about the reason for his investigation.

(1) The Superintendent may, if he is so satisfied, declare

that a public health emergency exists.

(2)

The declaration shall specify

(a) the nature of the public health emergency; and

(b) the area to which the declaration applies.

(1) After declaring a public health emergency the

S u pe r i n t e n d e n t m a y t a k e a n y o n e o r m o r e o f t h e m e a s u r e s

hereunder as he may consider necessary in order to reduce, remove

or eliminate the threat to public health

(a) segregate or isolate any person in any area; or

(b) evacuate any persons from any area; or

(c) prevent access to any area; or

(d) control the movement of any vehicle; or

(e) order that any person undergo a medical examination;

or

(f)

order that any substance or object be seized, destroyed

or disposed of as he may direct; or

(g) order such other action be taken as he may consider

appropriate.

(2) Any person who does not comply with any direction by the

Superintendent given by virtue of this article shall be guilty of an

offence against this Act.

(1) For the purpose of this Part the Superintendent may

authorise any person to

(a) enter any place if necessary by using such reasonable

force to

(i) save human life; or

(ii) prevent injury to any person; or

(iii) rescue any injured or endangered person; and

(b) close any area, premises, body of water or vehicles;

and

(c) remove by reasonable force any person who fails to

comply with a direction.

(1) Any person may apply to the Superintendent for

reasonable compensation for any loss or damage suffered as a result

of anything done under this Part.

(2) Compensation is not payable to any person who suffers any

loss or damage because

(a) of any action or inaction by that person that is not the

result of a direction under this Part; or

(b) the loss or damage caused by a public health

emergency.

(1) Any person who becomes aware of any fact or

situation which he reasonably ought to believe to be a public health

risk or a potential public health risk shall, as soon as he becomes

aware of such risk, inform the Superintendent.

(2) Any person who fails to comply with the provisions of

subarticle (1) shall be guilty of an offence against this Act.

No person may record, collect, transmit or store any

records, information or forms for the purpose of this Act other than

in accordance with the provisions of this Act or any regulations

made thereunder.

(1) The Superintendent may order for the purposes of this

Act that any article, item or substance that causes a threat to public

health

(a) is not imported, manufactured, sold, used, stored or

transported or handled in any manner whatsoever;

(b) is to be dealt with in accordance with any directions he

may impose.

(2) Any person who, does not comply with an order of the

Superintendent under subarticle (1) shall be guilty of an offence.

(1) The Superintendent may require any person to treat,

remove, recall, dispose of or destroy any articles, items, goods or

substances that, in his opinion, may cause a threat to public health.

(2) The Superintendent may require any person who is in

possession or, at the time, is in control of any premises, area,

vehicle or object, which, in his opinion, may cause a threat to

public health, to clean, disinfect or disinfest such premises, area,

vehicle or object.

(3) The requirements of subarticles (1) and (2) shall be carried

out in accordance with any directions that the Superintendent may

give and at the expense of the person required to comply with the

said requirements.

If a person fails to comply with any direction given by the

Superintendent under this Act, the Superintendent may take any

measures he deems appropriate to have the direction carried out at

the expense of that person.

(1) Any person who assaults, abuses, harasses or threatens

an authorised officer, a nominated officer or a police officer

exercising a function under this Act or otherwise hinders, obstructs

or delays a power or the performance of a function under this Act,

shall be guilty of an offence under this article.

(2) Any person who fails to comply with a requirement of an

authorised officer, nominated officer or a police officer under this

Act shall be guilty of an offence under this article.

(1) A person who removes or otherwise interferes with -

(a) any seal or mark made by an authorised officer or a

nominated officer; or

(b) any sample taken by an authorised officer or

nominated officer; or

(c) any object or document seized by an authorised officer

or nominated officer,

shall be guilty of an offence under this article.

(2) A person who contaminates any sample taken by an

authorised officer or a nominated officer shall be guilty of an

offence.

The Minister may, from time to time, after consulting the

Superintendent, establish committees, boards or other similar

groups to advise and assist the Minister and the Superintendent in

the performance of their functions under this Act.

PART III

POWERS TO MAKE REGULATIONS

The Minister, after consulting the Superintendent, may

make regulations in general to regulate matters related to public

health and without prejudice to the generality of the aforesaid, may

by such regulations make provisions relating to public health

(a)

(i)

requiring the licensing, registration or approval

of any person, premises, equipment, machinery,

apparatus or service concerning public health

matters;

(ii) prescribing conditions, obligations or directions

to any licence, registration or approval;

(iii) specifying the date of issue and the duration of

any licence;

(iv) specifying reasons for withdrawal, cancellation

or suspension of any licence, registration or

approval;

(b) for the acquisition, disclosure, transmission,

publication, restriction and storage of information

relevant to public health;

(c) prescribing fees for any services given under this Act;

(d) for the control of recreational waters and in particular

(i) the quality standards thereof;

(ii) the method and frequency of sampling and the

methods for testing and analysis thereof;

(iii) the closure of bathing areas;

(iv) the regulation, registration and licensing of

swimming pools;

(v) the regulation of areas where and times when

animals may be taken into the sea;

(e) for the control of smoke and in particular

(i)

the methods of measurement of dark smoke and

setting the limits on the rate of emissions of

smoke;

(ii) identifying specific chimney heights depending

on the purpose of the chimney, on the type of

fuel to be used or in use and the location of the

building;

(iii) declaring smoke controlled areas;

(iv) regulating or exempting from regulations any

burning process, including furnaces and

PUBLIC HEALTH

domestic furnaces;

(v)

controlling and monitoring indoor air pollution;

(vi)

giving effect to international agreements or

standards with regard to smoke and air pollution

applicable to Malta;

(f)

regarding the limit or elimination of any noise, which

may give rise to a nuisance, inconvenience or

disturbance or constitute a danger to health and in

particular

(i) setting out objectives for reducing noise levels;

(ii) setting noise level standards for residential noise

and noise that is emitted from or caused by a

vehicle, machinery or equipment;

(g) regulating

(i)

dumping, keeping, transportation, storage,

collection, treatment, recycling, reuse, disposal,

importation and exportation of waste; and

(ii) houses or other premises built upon or near any

contaminated land;

(h) regulating

(i)

premises used for habitation or assembly,

including caravans and caravan sites, day care

centres and any other structures used for

habitation whether permanent or not and

whether movable or fixed;

(ii) prohibiting the keeping of animals, in any

premises, in any area whether within an

inhabited area or not;

(i)

prescribing

Matters relating to

water.

(i) the standards for water quality for different uses;

(ii) the sampling and monitoring requirements for

specific types of water and their uses;

(iii) water which may become prejudicial to health

when used in any process or system;

(iv) the registration or licensing of activities,

processes and systems where water is used;

(v) the regulation of suppliers or carriers of water;

(j)

regulating

(i)

the construction, layout, siting and material to be

used for any drainage system and ancillary

facilities;

(ii) sanitary practices relating to disposal of waste in

or from any premises;

(iii) the removal of stoppages from and the

maintenance of drainage systems and other

ancillary facilities of private and public

premises;

(k) prescribing

PUBLIC HEALTH

(i)

the obligations of any commander, ship master,

or any other member of the crew or staff on an

aircraft or sea-going craft;

(ii) the signals to be hoisted or messages to be given

by sea-going craft or by aircraft having any case

of disease on board;

(iii) regulations regarding the granting of free

pratique;

(iv) regulations relating to the issue of deratting

certificates or deratting exemption certificates;

(v) the obligations of any person engaged with any

airport or port authorities or any other person at

any airport or port;

(vi) regulations regarding the discharge or loading of

cargo, waste, water or food supplies, fuel,

equipment, as well as smoke or gas emissions;

(l)

(i)

regulating

the

importation,

exportation,

licensing, keeping, sale, giving by way of

compensation or otherwise of poisonous,

venomous or otherwise dangerous living

organisms which are not endemic in Malta and

which may pose a public health risk to any

person that may come in contact with them;

(ii)

regulating the control or extermination of rats,

mice or any other pest which may act as a vector

or carrier of disease;

(iii)

regulating the importation, use, storage and sale

of chemicals and substances containing chemical

which are or may pose a public health risk;

(iv)

regulating burning process, including furnaces

and domestic furnaces; and

(m)

(i)

regulating any activity where there is risk of

potential exposure to ionising radiation,

including

activities

of

producing,

manufacturing, importing, exporting, supplying,

keeping, conveying, using or otherwise dealing

with radioactive substances or radiation

apparatus as well as the exposure to radiation in

the diagnosis and treatment of disease;

(ii)

classifying and regulating

A. radioactive substances;

B. ionising or non-ionising radiation apparatus;

C. sealed radioactive sources;

D. other radiation apparatus;

(iii)

specifying standards, practices and procedures

to be followed with regard thereto;

(iv)

regulating any act or thing that is involved in or

related to an activity referred to in

subparagraphs (ii) and (iii);

(v)

regulating licences, permits, registrations,

authorities or approvals in connection therewith;

(vi)

requiring the keeping of records, furnishing of

information, and notification of accidents or

other matters or events by persons carrying on

activities referred to in subparagraphs (ii) and

(iii);

(vii)

prescribing the monitoring of levels of exposure

to radiation of persons engaged in activities

referred to in subparagraphs (ii) and (iii) and the

monitoring of the health of such persons as well

as of the general public during and after such

activities;

(viii) guarding the protection of persons and the

environment against the harmful effects of

radiation resulting from activities referred to in

subparagraphs (ii) and (iii).

The Superintendent may make, vary or revoke orders

(a)

(i)

listing and categorising notifiable disease

conditions;

(ii) declaring an organism to be a human pathogenic

organism;

(iii) declaring a substance to be a contaminant;

(b) controlling advertisements that may affect public

health and in particular

(i)

controlling the visual, audio and written content

thereof;

(ii) controlling the layout and sequence of events of

the advertisements;

(iii) regulating the persons or class of persons used in

the advertisements;

(iv) requiring a written permission from the

Superintendent before the publication of an

advertisement;

(c) prescribing measures to guard against or to control

dangerous epidemics or infectious disease and in

particular

(i) regulating the prompt internment of the dead;

(ii) regulating the power to inspect premises;

(iii) regulating the provision of medical aid, the

distribution of medicine, the establishment of

hospitals,

the

promotion

of

cleansing,

ventilation and disinfection and otherwise for

guarding against the spread of disease and for

the treatment of persons suffering therefrom;

(iv) regulating occupancy in premises or any parts

thereof to prevent them from being so

overcrowded as to be dangerous to health;

(v) prescribing such other matter as the

Superintendent may deem expedient for the

PUBLIC HEALTH

prevention or mitigation of such disease

Provided that the power of the Superintendent to

prescribe such other matter as the Superintendent

may deem expedient for the prevention or

mitigation of such disease shall include and shall

be deemed to have always included the power to

provide for any matter which is ancillary or

consequential to an order issued under this

paragraph including the suspension of any time

limits including, but not limited to, legal or judicial

time limits, which shall be deemed to include

periods of prescription, and any peremptory time

limits provided for in any other law as a

consequence of the order for the closure of

government departments or other places from

where public services are provided or of any other

order issued under this paragraph as the

Superintendent deems expedient;

(d) ensuring the protection of the public by immunisation

against particular diseases and in particular may by

such order

(i)

regulate and control the practice of any

particular type of immunisation in humans;

(ii) prescribe

forms,

certificates,

notices,

immunisation certificates and postponement

certificates;

(iii) prescribe those diseases against which

immunisation of humans shall be compulsory;

(iv) regulate

and

control

the

importation,

exportation, manufacture, storage and transport

of any type of vaccine;

(v) publish schedules regarding compulsory or

recommended immunisations;

(e) (i) specifying the qualifications or conditions

necessary for a person to qualify for a

registration or a licence under this Act;

(ii) specifying the criteria and conditions for the

licensing or registration of premises or persons

under this Act;

(f)

(i)

requiring the medical examination of persons

exposed or believed to have been exposed to

radiation;

(ii) providing measures to be taken in case of a

public health emergency caused by any type of

radiation;

(g) giving any other direction that is or may be given by

the Superintendent under this Act.

PART IV

PREVENTION AND CONTROL OF DISEASE

(1) The Superintendent may require a person to undergo a

medical examination by a medical practitioner within such period

as the Superintendent may specify if the Superintendent has reason

to believe that such person is suffering from a notifiable disease or

if he has an occupation which is considered capable of spreading

disease.

(2) The medical practitioner who conducts a medical

examination under this article shall as soon as practicable provide

the Superintendent with a written report of the results thereof.

(3) Any person who fails to undergo a medical examination or

any medical practitioner who fails to provide a written report shall

be guilty of an offence.

(1) The Superintendent may order that a person suffering

from a notifiable disease

(a) be isolated in such a place as the Superintendent

determines;

(b) be placed under the supervision of a specified person;

(c) submits to further medical examination, medical

testing,

immunisation,

medical

treatment

or

counselling;

(d) discloses to an authorised officer the name and address

of any other person with whom contact by that person

may result or may have resulted in the transmission of

the disease;

(e) refrains from doing anything which may cause the

spread of disease.

(2) Where a child is suffering from a disease or has resided in a

house where a disease exists or has existed for any period at any

time not earlier than six weeks before, the Superintendent may

require the parent, guardian or any other person not to allow the

child to attend school without providing to the person in charge of

such school a medical certificate that such child is free from

disease or infection and is fit to attend school.

(3) The Superintendent may apply to a magistrate for a warrant

to apprehend and detain or quarantine any person who fails to

comply with a direction under subarticle (1) and for that purpose, to

enter any area, premises, body of water or vehicle.

Where it appears to the Superintendent that a person is so

dirty or, on a report by a medical practitioner, that a person or his

clothing are verminous, and that person does not consent or is

unable to consent to be cleansed, the Superintendent may cause

such person, including his clothing to be cleansed.

(1) Any medical practitioner who treats or examines any

person for a notifiable disease shall report such notifiable disease

to the Superintendent on the prescribed certificate.

(2) The person in charge of a laboratory that receives a primary

specimen or sample that yields a positive result indicating that the

patient who supplied the specimen is suffering from a notifiable

disease shall report such findings to the Superintendent within such

time and in such manner as the Superintendent may direct.

(3) The reports that are to be made in terms of subarticles (1)

and (2) shall not require the consent of the person being treated or

examined.

(4) The Superintendent may require any person to notify him of

the presence or occurrence of any of the following

(a) any notifiable disease or suspicion thereof;

(b) any human pathogenic organisms or suspicion thereof;

(c) any contaminant or suspicion thereof.

(5) Any person who contravenes any requirement of this article

shall be guilty of an offence.

The Superintendent may, in the interest of public health,

give information to any person or persons who may be affected by

any notifiable disease or any human pathogenic organism or

contaminant.

(1) A person who is aware of having a notifiable disease

and in case of a child, the parent, guardian or any other person

having the custody of that child, shall take all reasonable measures

and precautions to prevent the transmission of the disease.

(2) Any person who contravenes any requirement of this article

shall be guilty of an offence.

(1) The Superintendent, by public notice, may declare that

there is an outbreak of a notifiable disease. Such declaration shall

be revoked when the outbreak is over.

(2) The Superintendent may give any directions he considers

necessary or appropriate for the control of an outbreak and any

person who does not comply with the directions given shall be

guilty of an offence under this article.

(3) The Superintendent may also give information about such

outbreaks outside Malta and in particular indicate any port or

airport that may be infected.

Whenever any part of Malta is affected by any epidemic

disease, medical practitioners exercising their profession within the

area affected by the disease, as well as other medical practitioners

engaged by the Government, shall not refuse to treat persons

suffering from such disease within the area.

The Superintendent may require any person to keep, use or

dispose of any contaminant, human pathogenic organism and any

other material or substance capable of causing disease in humans in

accordance with any orders or regulations that may be issued under

this Act.

(1) No person shall, unless authorised by the

Superintendent, retain the body of any person who has died from a

disease for more than twenty-four hours, in a room used as a

dwelling-place, sleeping-place or workroom

Provided that nothing contained in this article shall prevent

the removal of such body, before the lapse of twenty-four hours, to

a mortuary where such removal becomes necessary under any

provisions of this Act or any other law.

(2) It shall not be lawful for any person to remove the body of a

person who dies at home, in any hospital or in any other place

provided for the treatment of persons suffering from a disease,

except for the purpose of immediate burial, where a medical officer

certifies that in his opinion it is desirable, in order to prevent the

risk of communicating such disease or of spreading infection, that

such body shall not be removed from such home, hospital or place

except for such burial

Provided that nothing in this sub article shall prevent the

Superintendent from authorising the removal of such dead body to

a mortuary designated by the said Superintendent.

(3) The Superintendent or an authorised officer may order the

removal of a dead body to a mortuary if -

(a) the person died of any notifiable disease and is lying in

a dwelling in which persons live or sleep; or

(b) whatever the cause of death, the body is in such a state

as to pose a risk to health.

(4) A person who does not comply with the provisions of this

article shall be guilty of an offence.

(5) Unless any relative of the deceased undertakes to bury or

cremate the body and effect such burial or cremation within the period

of time stipulated by such order as aforesaid, it shall be the duty of the

Superintendent to cause the burial or cremation of such body, and any

expense so incurred may be recovered by the Superintendent as a civil

debt.

PART V

LEGAL PROCEEDINGS

(1) Where there is reasonable cause to believe that any

person has contravened any of the provisions of this Act or of any

regulations made thereunder, the police shall, on the report of the

Superintendent, institute criminal proceedings against the offender.

(2) In any criminal proceedings instituted by the police for an

offence under this Act, the Superintendent or any authorised

officer, may, notwithstanding any law to the contrary, lay the

charge before the court, produce evidence, plead and otherwise

conduct the prosecution instead of the police.

(3) The sworn statement of any authorised officer, to the effect

that he has been deputed as provided in subarticle (2) shall be

conclusive evidence of the fact, should proof thereof be required by

the court.

A person convicted of an offence against this Act shall be

liable for costs relating to

(a) the examination and analysis of any object to which

the offence relates; and

(b) the seizure and disposal of any object to which the

offence relates; and

(c) the transportation and storage of any object to which

the offence relates; and

(d) any other costs incurred by the Superintendent and

occasioned by the offence.

(1) Where a person is found guilty of an offence against

this Act, the court shall, where necessary, besides awarding

punishment, order the offender to abate any nuisance arising from

the offence or, if the circumstances so require, to comply with the

law, in either case within such time as shall be fixed by the court

for the purpose and, in the case of non-compliance with any such

order, he shall be liable to a further fine (multa) not exceeding one

hundred and sixteen euro and forty-seven cents (116.47) for every

day of non-compliance after the expiration of the said time fixed as

aforesaid.

(2) The court may upon an application to that effect by the

prosecution at any time authorise the police to abate the nuisance or

to enforce the law at the expense of the offender, who, in either

case, shall be liable to refund such expense as a civil debt.

(3) When the offence for which a person has been found guilty

relates to dumping of any waste in any manner whatsoever, the

court shall, where applicable, besides awarding punishment, order

the offender to remove such waste.

(4) If the offender fails to abide with an order made under

subarticle (3), the provisions of subarticle (2) shall apply.

(5) If the offender is absent from Malta or has absconded or is,

on account of mental disorder or other physical incapacity, unable

to appear before the court or, for any reason whatsoever the

summons cannot be served and the Superintendent certifies on oath

that it is urgently required that the nuisance be abated or that the

law be otherwise enforced, the court shall proceed to order that the

summons be served on the lawful representative of the offender or

on the person having the custody of the offender or on the person

having the management of his property or, in default of any known

representative or person as aforesaid, on the offender’s husband or

wife or son or daughter. In any case, if the nuisance or non

compliance with the law is proved, the court shall apply the

provisions of subarticle (2) of this article or in appropriate cases,

the provisions of subarticle (1).

Upon conviction for an offence against the provisions of

this Act where the offence relates to an area, premises, body of

water or vehicle requiring a licence under this Act, the court may

order the suspension of any licence or licences issued in respect of

the person charged or the premises forming the subject of the

proceedings.

Any person in any application, information, advice or

record made or submitted for the purpose of this Act, either makes

a statement knowing it to be false or misleading, or omits any

material fact shall be guilty of an offence against this article.

Where the evidence of the prosecuting officer is required,

the said officer shall be heard before he assumes the duties of

prosecuting officer unless the necessity of his evidence arises at a

later stage of the proceedings.

A person guilty of a first offence against any of the

provisions of this Act shall be liable, on conviction, to a fine

(multa) of not less than two hundred and thirty-two euro and

ninety-four cents (232.94) and not exceeding four thousand and six

hundred and fifty-eight euro and seventy-five cents (4,658.75) or to

imprisonment for a term of not less than six months and not

exceeding two years or both such fine and such imprisonment and

on a second or subsequent conviction, to a fine (multa) of not less

than four hundred and sixty-five euro and eighty-seven cents

(465.87) and not exceeding eleven thousand and six hundred and

f o r t y - s i x e u r o a n d e i g h t y - s e v e n c e n t s ( 11 , 6 4 6 . 8 7 ) o r t o

imprisonment for a term of not less than two years and not

exceeding four years or to both such fine and such imprisonment.

(1)

Where a charge for breach of the provisions of this Act

consists of a charge of a breach of any order given by the Superintendent

listed in the Schedule to the Commissioners for Justice Act, the person

charged shall be tried in accordance with the Commissioners for Justice

Act and shall be liable, on conviction by the Commissioner for Justice,

hereinafter referred to as "the Commissioner", to a penalty of between

one hundred euro (€100) and ten thousand euro (€10,000).

(2)

Where a person charged with an offence as provided for in

sub-article (1) is a person not habitually resident in Malta, any penalty

due in terms of the provisions of the said sub-article shall, unless the

charge is contested, be paid in its minimum through electronic means

and without proceedings before the Commissioner, at any place and in

such manner as may be established by the Minister. Such payment may

only be made through credit card or other bank transfer within twelve

hours from the time when the said person is notified of the charge

during which time the Executive Police shall have the power to keep

the said person in detention until payment is made

Provided that where a charge to which this sub-article applies

is contested or where no payment of the penalty as provided above in

this sub-article is made, the provisions of this sub-article shall cease to

apply in respect of the person to be charged and the case shall proceed

in accordance with the provisions of this Act.

* (1) Without prejudice to anything done or any liability

incurred thereunder the laws or articles or parts of laws listed in

subarticle (2) (hereinafter the repealed laws) are hereby repealed.

(2) The Clean Air Act, Cap. 200; the Litter Act, Cap 206;

articles 97, 101 to 110, 117, 118, 121, 122 and articles 124 to 127

of the Code of Police Laws Cap. 10; the Prevention of Disease

*Not yet in force.

Ordinance, Cap. 36.

(3) Any licence granted under any of the repealed laws shall

continue in force and be subject to renewal as if its were a licence

under this Act.

(4) Any regulation made under the repealed laws shall continue

in force as if it was made under the corresponding provision of this

Act, and may be amended, repealed or substituted accordingly.