Water.Tankcl'll (Requisition) Regulations, 1986

L.N. 43 of 1986

SUPPLiES AND SERVICES ACT, 1947

(ACT NO. IV OF 1947)

Water.Tankcl'll (Requisition) Regulations, 1986

IN exercise of the powers conferred by sec;tion 3 of the Supplies

and Services Act. 1947, the Minister of Trade and Economic Planni ng

has made the following regu lations:-

I. Th ese regulations may be cited as the Water-T ankers (Requisi. Citation.

tioo) Regulations. 1986.

In these regulations, unless the contex t otherwise requires _

"water_lanke"," includ es any motor vehicle with a tanker for

the conveyance of water. liquids or olheo material;

"Minister" means the Prime Minister. or the Parliamentary

Secretary 10 whom arc assigned duties in connection with the Water

Works Department

"pcrson" includes a body Of association of persons

"requisition" means the taking possession by the Minister

of any wateNanker;

"requisitionee" means the person from whose POSseSS1()1) any

waLeHanker is requisitioned by the Minister.

The Minister may, by order under his hand, requlSluon any I'''''"<c of

water-tunlter from any requisitionee and may give such directions as r~uj,i'ko,

appear to him necessary or expedien t in ord er that the requisition may

be put into effect and complied with.

T he M inister or any public officer authorized by him may

enter any premises with a view to securing compliance with the requisi-

tion on.ler·

S. III The M inister may authorise any other person to use any Us. of

water·tanker requisitioned under these regulations.

(2) T he Minister may also. in his discretion. hand over to

any person any water·tanker requisitioned under these regulations to be

used by such person under the direction of the Manager of the Water

Works Department.

Any person who contral'cnes or fail s to comply with a ny Offcn<., ,00

requisition order made by the Minister under regulation 3 hereof or penalti ••.

who performs any act or omits to perform any act knowing Of having

reasonable cause to believe that such act or omission is likely to

frustrate. hinder or obstruct the execution of the carrying out of any

measure. direction. or authorization given under these regulations.

connecLed with such requisition Ofder. shall. on coDviction. be liable

to imprisonment for a term not exceeding six months and to a fine

(mu/ra) of not less than two hundred Maltese liri and not exceeding one

thousand Maltese liri.

(l) In defa ult of agreement between the Prime Minister and

the requisitionee, the compensation payable to the latter sbaU be such as

is deemed fair and rea>onable in a n the circumstances of the case by

a Board to be composed as follows

(i) a Magistrate. to be appointed by the Prime Minister.as

Chairman;

(ii) a person [0 be appointed b)' the Prime Minister a5 his

representative; and

liill a person to be appointed by the requisi tionee a s bis

representative.

If tbe requisitionee d oes not appoint his representative

(2)

within the period of seven days from tbe day on which he is asked

in writing to do so by the Prime Minister, the Prime Minister shall ap -

point a third member to represent the requisitionee.

(3) Before starting the proceedings relative 10 the assessment

of the compensation payable to the requ isitionee. tbe members of the

Board, with the exception of the Chairman. shall take before the Chair-

man the o ath to examine and decide with equity and impartiality the

matter before it.

(4) The Board shall regulate its own procedure subject to

the rules of natura! justice a nd shall have the same powers as are by

the Code of Organizat ion and Civ il Proced ure conferred on tne Courts

of Magistrates of Judici!l l Pol ice to call witnesses and hear evidence on

oath: summons 10 witnesses shall be signed by the Chairman of tne

Board.

An appeal from [he decision of the Board shall lie 10 tne

(5)

Court of Appeal and shall be brought by means of an a pplication 10

be filed within .ix working days from Ihe day on whi<:h the decision

of the Board is delivered.

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