Postal Services Appeals Board

L.N. 146 of 2004

POSTAL SERVICES ACT

(CAP. 254)

Postal Services Appeals Board

(Rules of Procedure) Regulations, 2004

IN exercise of the powers conferred by articles 5 and 81 of the

Postal Services Act, the Minister for Competitiveness and

Communications after consultation with the Malta Communications

Authority, has made the following regulations>

(1) The title of these regulations is the Postal Services Citation and

commencement.

Appeals Board Regulations, 2004.

(2)

These regulations shall come into force on the 7th

April, 2004.

In these regulations unless the context otherwise requires> Interpretation.

FORM A

(Regulation 13)

POSTAL SERVICES ACT

(CAP. 254)

Notice of the day and time for the hearing of an appeal before

the Postal Services Appeals Board

Case No ………………

To___________________________________________________________

I have to inform you that the Postal Services Appeals Board will hear on

at______________the appeal entered by _____________________against the

Malta Communications Authority

Date____________________

Chairperson of the Postal Services Appeals Board

Secretary of the Postal Services Appeals Board

“the Act” means the Postal Services Act,

“the Authority” means the Malta Communications

Authority,

“the Board” means the Postal Services Appeals Board,

“the Code” means the Code of Organization and Civil Cap. 12.

Procedure<

“the Minister” means the Minister responsible for posts.

FORM B

(Regulation 13)

POSTAL SERVICES ACT

(CAP. 254)

Notice to a person to give evidence and#or to produce books etc. before the

Postal Services Appeals Board

Case No. ……………

To___________________________________________________________

You are hereby required to attend before the Postal Services Appeals Board

on _______________________________________________________________

at____________________________________________________________

in order to give evidence in an appeal made by _____________________

and#or to produce

being books or documents in your custody or under your control.

Failure to attend as hereby required will expose you to the sanctions prescribed

by law.

Date____________________

Chairperson of the Postal Services Appeals Board

Secretary of the Postal Services Appeals Board

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

The Board shall be convened by the Chairperson as from Convening of

Board.

time to time may be required.

(1) The Chairperson and any member of the Board may Abstention by and

abstain from sitting or may be challenged for any of the causes challenge

members.

mentioned in article 734 of the Code.

(2) Any question regarding a cause of abstention or

challenge, and any question regarding procedure, shall be decided

by the Chairperson of the Board.

(1) Save as otherwise provided in these regulations, the

decisions of the Board shall be taken by a majority vote.

(2) The decisions of the Board shall be in writing and

shall be signed by the Chairperson, and the original shall be kept in

the registry of the Board together with the complete record of the

proceedings of each appeal.

The Secretary of the Board appointed in terms of article

4(6) of the Act shall have, mutatis mutandis, all such powers and

duties as are by the Code vested in, or imposed on, the Registrar of

the Superior Courts.

For the purpose of -

(a) the hearing and examination of evidence and of

enforcing the attendance of witnesses,

(b) the production of books and other documentary

evidence,

(c)

the appointment of technical experts,

the Board shall have all such powers as are vested by the Code in

the Civil Court, First Hall and it shall, mutatis mutandis, be regulated

by the appropriate rules therein set out.

For the purpose of keeping good order during the hearing

Order at sittings of

of appeals, the Board shall be vested with all such powers as are

vested by the Code in the Court of Magistrates (Malta).

(1) The Board shall hold its sittings in any place which

may from time to time be decided upon by the Minister and its locality

shall be duly published by notice in the Gazette.

(2) The records relating to the proceedings of the Board

shall be kept in the registry of the Board which shall be located at a

place determined and notified as aforesaid.

(1) Any notice, warrant or order issued by the Board

shall be signed by the Chairperson and counter-signed by the

Secretary of the Board.

(2) Service of notices, warrants or orders of the Board

shall be made by registered mail or by any form as the Chairperson

may determine.

(1) An appeal from a decision or other order of the Appeals

Board.

Authority shall be entered within thirty days from the date on which

the said decision or other order of the Authority has been notified to

the appellant.

(2) An appeal shall be made by application which shall

be signed by the appellant or his agent.

(3)

The application shall state>

(a) the order or decision being appealed from, a copy of

which shall be annexed to the application,

(b)

a brief statement of the facts,

(c)

the grounds of the appeals, and

(d) a demand that the decision or order of the Authority

be reversed or varied.

(4) The application of appeal shall be filed with the

Secretary of the Board in duplicate, one copy of which shall be served

through the Secretary on the Authority.

(5) The Board may, at any time, allow any amendment

to be made in the application for the purpose of making it clearer>

Provided that the Board shall not take cognisance of any grounds

other than those submitted in the application of appeal.

When an application of appeal is served on the Authority, Reply by the

Authority.

the Authority shall, not later than twenty days after the date of service,

file with the Secretary of the Board a reply in duplicate stating its

reasons for contesting the application, one copy of which shall be

served on the appellant.

(1) As soon as may be after the filing of the reply by the Hearing of

appeals.

Authority, or, in default, after the lapse of the time allowed for such

filing, the Board shall appoint a day for the hearing of the appeal.

(2) Notice of the day and time appointed for the hearing

of the appeal shall be given to the appellant and to the Authority in

Form A set out in the Schedule hereto.

(3) The appellant and the Authority may be assisted

during the hearing of the appeal by an advocate or a legal procurator

or a technical adviser.

(4) The notice given to any person to appear before the

Board to give evidence and, or produce books or other documents,

shall be given in Form B set out in the Schedule hereto.

(1) No fees shall be levied by the Board in connection

with proceedings before it.

(2) The fee payable to any member of the legal profession

or other person assisting an appellant or the Authority before the

Board shall be taxed on the basis of paragraph 15 (b) of Tariff E of

Schedule A annexed to the Code, and the fee payable to any referee

appointed under the provisions of regulation 7 hereof shall be taxed

by the Board on the basis of fair and reasonable compensation for

work done.

(3) The costs of the proceedings shall be borne by the

parties, or by any of them, as the Board may direct.

(4) Neither of the parties may recover from the other in

connection with proceedings before the Board any amount in respect

of costs in excess of fees in accordance with these regulations.

Decisions taken by the Authority according to the Act

between when the Act came into force and the date of the coming

into force of these regulations, shall be appealable within thirty days

from the coming into force of these regulations.

Save as otherwise expressly provided by these regulations,

the Board shall regulate its own procedure.

B