HEALTHY LIFESTYLE PROMOTION AND CARE OF NON-COMMUNICABLE DISEASES ACT

HEALTHY LIFESTYLE PROMOTION AND

CARE OF NON-COMMUNICABLE DISEASES

CHAPTER 550

HEALTHY LIFESTYLE PROMOTION AND CARE

OF NON-COMMUNICABLE DISEASES ACT

To establish and ensure an inter-ministerial lifelong approach favouring

physical education and healthy balanced diets for a healthy lifestyle and

reducing the level of non-communicable diseases throughout all age groups.

24th January, 2023 *

ACT III of 2016 , as amended by Act XXIX of 2019.

(1) The short title of this Act is the Healthy Lifestyle

Promotion and Care of Non-Communicable Diseases Act.

(2) The provisions of this Act shall come into force on such date as

the Minister may by notice in the Gazette appoint, and different dates

may be so appointed for different provisions or different purposes of this

Act.

In this Act, unless the context otherwise requires

"Advisory Council" means the Advisory Council on Healthy

Lifestyles established by article 4;

"curriculum" means the National Curriculum Framework for all

schools at compulsory educational level as provided for in the

Education Act and includes centres and facilities for children under the

age of compulsory education;

"the Minister" means the Minister responsible for health;

"schools" shall have the same meaning assigned to it in the

Education Act'';

"specialist" means a health care professional whose name is

entered in the appropriate part of the specialist register kept by the

relevant Council in accordance with the Health Care Professions

Act; and

"Superintendent" means the Superintendent of Public Health as

defined in the Public Health Act.

*Vide Legal Notice 13 of 2023 .

HEALTHY LIFESTYLE PROMOTION AND

CARE OF NON-COMMUNICABLE DISEASES

The purpose of this Act is to establish and ensure an inter-

ministerial lifelong approach favouring physical education and healthy

balanced diets for a healthy lifestyle reducing the level of non-

communicable diseases throughout all age groups.

PART II

Advisory Council on Healthy Lifestyles

(1) There shall be established an Advisory Council on

Healthy Lifestyles.

(2)

The Advisory Council shall be composed as follows

(a) a person nominated by the Prime Minister, who shall

be the Chairman;

(b) a public health consultant nominated by the Prime

Minister who shall act as Secretary to the Council;

(c) a person nominated by the Minister responsible for

health;

(d) a person nominated by the Minister responsible for

education;

(e) a person nominated by the Minister responsible for

finance;

(f) a person nominated by the Minister responsible for

social policy;

(g) a person nominated by the Minister responsible for

sports;

(h) a person nominated by the Minister responsible for

local government; and

(i) a person nominated by the Minister responsible for

home affairs.

(3) The Minister may appoint sub-committees of the Advisory

Council which shall be set up to deal with different and specific

matters related to a healthy lifestyle after consultation with, or after

having received a request or recommendation from, the Advisory

Council.

(4) The Advisory Council shall meet at least once a month and

as often as necessary and shall regulate its own procedures.

(1) It shall be the duty of the Advisory Council, in general,

to provide advice on any matter related to healthy lifestyles.

(2) In particular, but without prejudice to the generality of the

foregoing, it shall be the duty of the Advisory Council to

(a) advise the Minister on matters relating to health,

physical activity and nutrition;

(b) advise the Minister on policies, action plans and

regulations intended to reduce the occurrence of non-

communicable diseases among the general public;

(c) upon the request of any other Minister advise such

Minister on such matters as may be required in order

HEALTHY LIFESTYLE PROMOTION AND

CARE OF NON-COMMUNICABLE DISEASES

to achieve the objectives of this Act;

(d) encourage an inter-ministerial approach to issues

related to physical activity and a healthy lifestyle; and

(e) encourage a lifelong approach, from intrauterine life

till old age, to physical activity and a healthy lifestyle.

PART III

Power to make regulations

The Minister may, after consultation with the Advisory

Council, make regulations to give better effect to the provisions of

this Act, and without prejudice to the generality of the foregoing,

such regulations may in particular provide for or refer to

(a) the education and promotion of healthy lifestyles and

physical activity for persons of all ages, from

intrauterine life to old age;

(b) food consumption in schools and in their proximity;

(c) investment and expenditure by local councils to

promote healthy lifestyles;

(d) nutritional qualities of food consumed in institutions

licensed by public authorities including, but not

limited to, old people’s homes and day centres;

(e) an integrated approach for the promotion of food for

healthy lifestyles;

(f) the regulation of marketing of products which may

have adverse effects on healthy lifestyles; and

(g) any other related issue in the achievement of the promotion

of healthy lifestyles.

PART IV

Administration

(1)

This Act shall be administered by the Superintendent.

(2) The provisions of articles 3 to 24 of Part II of the Public Health

Act shall, mutatis mutandis, apply in relation to the administration of

this Act and any regulations made thereunder.

PART V

Offences and Penalties

(1) Regulations made under this Act may provide for

criminal offences which shall not be liable to a punishment higher

than a fine (multa) of two thousand and five hundred euro (€2,500).

(2) Regulations made under this Act may provide for

administrative penalties which shall not exceed two thousand and

five hundred euro (€2,500) and for the procedures that may lead to

the imposition of such penalties.

(3) Any person who contravenes any provision of any regulations

made under this Act, shall be guilty of an offence against this Act and

shall, on conviction, be liable, in the absence of specific punishments

being provided for in the said regulations, to a fine (multa) of not less

HEALTHY LIFESTYLE PROMOTION AND

CARE OF NON-COMMUNICABLE DISEASES

than two thousand and five hundred euro (€2,500).

Proceedings against any person for any offence against any

of the provisions of this Act shall be taken before the Court of

Magistrates (Malta) or Court of Magistrates (Gozo) as a Court of

Criminal Judicature in accordance with the provisions of the

Criminal Code.

The provisions of article 121D of the Criminal Code shall,

mutatis mutandis, apply where a person is found guilty of an

offence against this Act, sohowever, that the punishment to which

the body corporate shall be liable, shall be that of a fine (multa) of

not more than two thousand and five hundred euro (€2,500).

Notwithstanding the provisions of the Criminal Code, the

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

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or (Gozo) in proceedings arising out of the

provisions of this Act.