COORDINATION OF GOVERNMENT INSPECTIONS ACT

CHAPTER 568

COORDINATION OF

GOVERNMENT INSPECTIONS ACT

To establish a central office to coordinate inspections by government

bodies and to regulate the conduct of inspections with a view to reducing

the burden on entities and individuals, and making inspections more

transparent and effective.

30th March 2017 *

ACT II of 2017, as amended by Legal Notice 74 of 2018 and 341 of

2018, 412 of 2020 and 269 of 2021 and Acts XVII of 2024 and XV of 2025.

The short title of this Act is the Coordination of Government

Inspections Act.

Substituted by

L.N. 74 of 2018.

[Article 9]

Amended by

L.N. 341 of 2018;

Animal Welfare Directorate

L.N. 412 of 2020.

Substituted by

L.N. 269 of 2021.

Building and Construction Agency

Amended by

XVII.2024.28;

XV.2025.41.

Commission for the Rights of Persons with Disability

Department for Health Regulation

Department for Industrial and Employment Relations

Entity responsible for regulating Childcare Centres

Environment and Resources Authority

Food Safety and Security Authority

Fisheries and Aquaculture Department

Jobsplus

Lands Authority

Malta Competition and Consumer Affairs Authority

INDIS Malta Ltd

Malta Tourism Authority

Medicines Authority

Occupational Health and Safety Authority

Planning Authority

Regulator for Energy and Water Services

Social Care Standards Authority

Water Services Corporation

In this Act, unless the context otherwise requires

"entity" means

(a) any commercial partnership as defined by article 2(1)

of the Companies Act;

(b) any undertaking as defined by article 2(1) of the

Companies Act;

(c) any private organisation as defined by sub-articles (1)

and (6) of article 1 of the Second Schedule to the Civil

Code;

(d) any association of persons, understood in accordance

with article 1(4) of the Second Schedule to the Civil

Code; and

(e) the Government, including any ministry or department

thereof, together with any state body or entity;

"inspection" means an inspection of an entity or an individual

that is carried out by any of the bodies listed in the Schedule in the

exercise of the powers granted to that body by law;

"Inspections Coordination Office" or "Office" means the body

established by article 3;

"inspectorate" means any body listed in the Schedule; and

"Minister" means the Minister responsible for commerce.

(1) There shall be an office of government to be known as

the Inspections Coordination Office.

(2) Organisational

arrangements

for

the

Inspections

Coordination Office shall be made by the Prime Minister under the

Public Administration Act.

(3) Appointments to the Office shall be made under those

provisions of the Constitution that are applicable according to the

*See Legal Notice 94 of 2017.

organisational arrangements adopted for the Office in terms of sub-

article (2).

(1) Judicial representation in matters pertaining to the

Inspections Coordination Office shall be governed by article 181B

of the Code of Organization and Civil Procedure or articles 17(8) or

27(2) of the Public Administration Act, whichever provision may

apply.

(2) The powers assigned by this Act to the Inspections

Coordination Office shall vest in the Head of the Office and any

other member of staff of the Office who acts with the authorisation

of the Head.

(1)

The aims of the Inspections Coordination Office shall

be to

(a) minimise the burden of inspections on entities and

individuals; and

(b) ensure that such inspections are as transparent and

effective as possible.

(2) The Office shall pursue such objectives as are necessary to

achieve its aims, and such objectives may include

(a) bringing about

joint

inspections

by

different

inspectorates;

(b) pooling the resources of inspectorates such that, where

reasonably possible, an inspector may conduct

inspections on behalf of more than one inspectorate;

(c) establishing a Common Policy Framework providing

for the adoption of modern practices and

methodologies pertaining to inspections, which may

include

(i) common standards, guidance and advice;

(ii) data sharing, shared feedback and shared

reporting;

(iii) the use of risk analysis and risk-based

assessments;

(iv) the adoption of inspection check-lists, guidelines

and

other

relevant

documentation

and

information;

(v) the publication, online or otherwise, of legally

vetted guidance for entities and individuals

subject to inspection;

(vi) the application of moratoria for start-up entities,

where appropriate;

(vii)

the use of self-assessments by entities and

individuals subject to inspection;

(viii) the conduct of educational campaigns relating to

the provisions of sub-paragraphs (i) to (vii);

(ix) provision for compliance recognition schemes;

and

(x)

a common framework for administrative fines

where applicable;

(d) establishing common databases with a view to

avoiding duplication and facilitating joint action; and

(e) making recommendations to the Prime Minister,

through the Minister, for changes to the laws

governing any inspectorate, where such changes

appear necessary to facilitate the achievement of the

aims of the Office.

(1) The Office may give such directions to inspectorates as

are necessary to achieve its aims and objectives under article 5 and,

notwithstanding any other law, it shall be the duty of officers of

inspectorates and those responsible for them to carry out those

directions.

(2) Without prejudice to the generality of sub-article (1), the

Office may

(a) give directions to inspectorates concerning the conduct

of joint inspections, the pooling of resources, and the

sharing of data;

(b) issue binding standards governing the conduct of

inspections and the adoption of practices and

methodologies relating to inspections;

(c) establish and maintain common databases and other

repositories of information; and

(d) establish advisory and consultative fora including such

representatives of inspectorates and other persons as

the Office may consider necessary, and convene

meetings thereof.

(3) The Office may require any inspectorate or member of staff

thereof to provide it with any information that the Office considers

necessary f or the pu rpose of ensurin g com pliance wi th t he

provisions of this Act, any regulations issued thereunder, and any

directions or standards issued by the Office.

(4) The Office may not give directions to any inspectorate or

member of staff thereof concerning the results of an inspection or

the conclusions to be drawn from it, except in so far as may be

necessary for corrective purposes if that inspection is carried out in

contravention of the directions or standards issued by the Office.

(1) The Inspections Coordination Office may, by

inst rument in writ ing, em power an inspectorate to condu ct

inspections on behalf of any other inspectorate, and in such a case

(a) the officers who are tasked by their inspectorate with

conducting such inspections shall act, and shall be

regarded for all purposes at law, as officers of the

inspectorate on behalf of which the inspections are

conducted;

(b) the officers in question shall assume all powers

granted by law to the officers of the inspectorate on

behalf of which the inspections are conducted; and

(c) where any law requires officers of an inspectorate to

act only upon authorisation from, or the delegation of

powers by, their inspectorate, the Head thereof, or any

other person or authority, such authorisation or

delegation of powers shall be regarded as given or

made by virtue of the instrument issued by the Office

under sub-article (1).

(2) The provisions of sub-article (1) shall have effect

notwithstanding any other law, but without prejudice to

(a) any provisions of law requiring officers conducting

particular inspections to hold any profession or other

qualifications; and

(b) article 6(4) of this Act.

(1) The sharing of data, the maintenance of common

databases and repositories of information, and the provision of

information to the Inspections Coordination Office under this Act

shall be subject to the Data Protection Act.

(2) The sharing of data, the maintenance of common databases

and repositories of information, as provided for by this Act with a

view to facilitating reductions in the burden of inspections on

entities and individuals, shall be regarded as activities that are

carried out in the public interest for the purposes of the Data

Protection Act.

(1) The jurisdiction of the Inspections Coordination Office

shall be limited to inspections carried out by the bodies listed in the

Schedule.

(2) The Minister may amend or substitute the Schedule by

order in the Gazette after consultation with the Head of the

Inspections Coordination Office.

The Minister may, after consultation with the Head of the

Inspections Coordination Office, make regulations to give better

effect to any of the provisions of this Act.

COORDINATION OF GOVERNMENT INSPECTIONS