Tourism Operations (General) (Amendment) Regulations, 2005

L.N. 85 of 2005

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP. 409)

Tourism Operations (General) (Amendment) Regulations, 2005

IN exercise of the powers conferred by Article 47 of the Malta

Travel and Tourism Services Act (Cap 409), the Minister for Tourism

and Culture, on the recommendation of the Malta Tourism Authority,

has made the following regulations.

The title of these regulations is the Tourism Operations

(General) (Amendment) (Regulations), 2005 and shall be read and

construed as one with the Tourism Operations (General) Regulations,

2002, hereinafter referred to as “the principal regulations”.

For sub-regulation (4) of regulation 4 of the principal

regulations, there shall be substituted the following>-

“(4) (a) When a licensee wishes to engage an operator

to run all or any part of the tourism operation, he shall obtain

the prior approval of the Authority.

(b) If the operator of a tourism operation or of any

part of such tourism operation is different from the licensee,

such licensee shall submit details of the operator to the

Authority and inform the Authority whenever the operator is

replaced>

Provided that if the tourism operation, or any part of such

tourism operation, is under the sole and exclusive control of the

operator for any period covered by the licence, the responsibility

of the operator at law shall be equivalent to that of the licensee.

Provided further, it shall be competent to the Authority to

proceed against the licensee or the operator, or both, for any of the

following>

(i) infringements of the provisions of the Act or of

regulations issued thereunder<

(ii) outstanding licence fees or contributions due

to the Authority in terms of any law.

(c) In the event of an application for the issue of a

licence being filed by a body corporate, the Authority shall

issue the said licence in the name of the body corporate

making the application and it shall be the duty of the body

corporate making such application to submit to the Authority

details relating to the operator.

(d) Where a licence is to be issued in the name of a

body corporate, it shall be incumbent on the person requesting

the issue of such licence to provide the Authority with details

of the physical person who is to represent the body corporate

in all its dealings with the Authority. Such person so indicated

shall for intents and purposes of the Act or of regulations

issued thereunder, be responsible jointly and severally with

the licensee for each of the following>

(i) infringements of the provisions of the Act or of

regulations issued thereunder<

(ii) outstanding licence fees or contributions due

to the Authority in terms of any law>

Provided that it shall be the duty of the person so

nominated to signify his responsibility by signing and filing

the appropriate form with the Authority, and to inform the

Authority whenever such responsibility ceases.

(e) The provisions of paragraph (d) hereof shall apply

in their entirety to situations where the operator, or a tourism

operation or any part thereof, is a body corporate.

(f) In the event of no information being submitted by

the licensee regarding the engagement of an operator, as

required by this regulation, the licensee shall, in all cases, be

solely responsible for conforming to the provisions of the law

and the regulations made thereunder.”.

For paragraph 3 of the Schedule to the principal regulations, Amends the

Schedule to the

there shall be substituted the following>

principal

regulations.

“3. Without prejudice to the Authority’s right to take

action in accordance with the provisions of article 42 of

Part VII of the said Act, you are hereby requested to stop

this breach of the law and to regularise your position

IMMEDIATELY#WITHIN .............DAYS FROM THE

DATE OF THIS NOTICE.”.

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