TeleCommunications Appeals Board

L.N. 111 of 2005

MALTA TELECOMMUNICATIONS AUTHORITY ACT

(CAP. 418)

TeleCommunications Appeals Board

(Procedure) Regulations, 2005

IN exercise of the powers conferred by article 40(5) of the Malta

Telecommunications Authority Act, the Minister for Competitiveness

and Telecommunications has made the following regulations>

These regulations may be cited as the Telecommunications Citation.

Appeals Board (Procedure) Regulations, 2005.

(Regulation 12)

FORM A

Case No....………

MALTA COMMUNICATIONS AUTHORITY ACT

(CAP. 418)

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

the Telecommunications Appeals Board

To______________________________________________________

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

at____________the appeal entered by __________________against the

Malta Telecommunications Authority

Date____________________

Chairman of the Telecommunications Appeals Board

Secretary of the Telecommunications Appeals Board

(1) Any reference in these regulations to “the Act” is a Interpretation.

reference to the Malta Telecommunications Authority Act, and subject Cap. 418.

to the provisions of subregulation (2) of this regulation, the provisions

of article 2 of the said Act shall apply to these regulations.

(2) In these regulations, unless the context otherwise requires>

“the Authority” means the Malta Telecommunications

Authority<

“the Appeals Board” means the Telecommunications Appeals

Board<

“the Chairman” means the Chairman of the Appeals Board<

“the Minister” means the Minister responsible for

communications, and

“the Secretary” means the Secretary of the Appeals Board.

(Regulation 12)

FORM B

Case No........

MALTA COMMUNICATIONS AUTHORITY ACT

(CAP. 418)

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

Telecommunications Appeals Board

To__________________________________________________________________

You are hereby required to attend before the Telecommunications 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____________________

Chairman of the Telecommunications Appeals Board

Secretary of the Telecommunications Appeals Board

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

The Appeals Board shall be convened by the Chairman as Convening of

Appeals Board.

from time to time may be required.

The Chairman shall decide any question regarding>

Abstention by and

challenge of

members.

(a) any abstention or challenge of any member of the

Appeals Board in accordance with article 36 (5) of the Act< and

(b) the procedure to be followed by the Appeals Board.

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

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

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

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

the registry of the Appeals Board with the complete record of the

proceedings of each appeal.

(1) The Secretary shall have, mutatis mutandis, all such

powers and duties as are by the Code of Organization and Civil

Procedure vested in the Registrar of the Superior Courts.

(2) On being notified that in accordance with article 41 of

the Act an appeal has been lodged from a decision of the Appeals Board

before the Court of Appeal (Inferior Jurisdiction), the Secretary shall

without any undue delay ensure that the relative records of the Appeals

Board are filed in the Registry of the aforesaid Court of Appeal.

For the purpose of>

Evidence and proof.

(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, and

(d) keeping good order during the hearing of appeals,

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

of Organisation and Civil Procedure in the Civil Court, First Hall and it

shall, mutatis mutandis, be regulated by the appropriate rules therein

set out.

Place of sittings and

(1) The Appeals 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 Appeals

Board shall be kept in the registry of the Appeals Board which shall be

located at a place determined and notified as aforesaid.

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

of notices etc.

shall be signed by the Chairman and counter-signed by the Secretary.

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

Board shall be made by registered mail or by any other form as the

Chairman may determine.

(1) An appeal to the Appeals Board shall, in accordance Appeals

Appeals Board.

with article 37 of the Act, be made by an application signed by the

appellant or his agent, which application shall state>

(a) the decision or directive of the Authority 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 appeal, and

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

be reversed or varied.

(2) The application of appeal shall be filed with the Secretary

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

on the Authority.

(3) The Appeals Board may, at any time, allow any

amendment to be made in the application for the purpose of making it

clearer>

Provided that the Appeals 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, in accordance with article 37 of the Act, file with

the Secretary a reply in duplicate stating its reasons for contesting the

application, one copy of which shall be served by the Secretary, on the

appellant.

(1) Without prejudice to the provisions of article 38(4) of Hearing of appeals.

the Act, the Appeals Board shall as soon as may be after the filing of

the reply by the Authority, or, in default, after the lapse of the time

allowed for such filing, 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 to these regulations.

(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 to be given to any person to appear before

the Appeals Board to give evidence and, or produce books or other

documents shall be given in Form B set out in the Schedule to these

regulations.

The fee payable to any member of the legal profession or

other person assisting an appellant or the Authority before the Appeals

legal profession etc.

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

Schedule A annexed to the Code of Organization and Civil Procedure,

and the fee payable to any technical expert appointed under the

provisions of regulation 7(c) of these regulations shall be taxed by the

Appeals Board on the basis of fair and reasonable compensation for

work done.

Save as otherwise expressly provided by these regulations,

the Appeals Board shall regulate its own procedure.

(1) The Appeals Board shall be competent to hear those

appeals filed after the coming into force of the Act.

(2) Decisions given 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 day from

the coming into force of these regulations.

(3) Appeals which have been pending before the

Telecommunications Appeals Board or the Postal Services Appeals

Board at the time of the coming into force of the Act shall, in accordance

with the provisions of article 36(10) of the Act, continue to be heard

and determined by the aforesaid Telecommunications Appeals Board

or the Postal Services Appeals Board according to the nature of the

appeal.