Local Enforcement System Committee Regulations, 2006

L.N. 237 of 2006

COMMISSIONERS FOR JUSTICE ACT

(CAP. 291)

Local Enforcement System Committee Regulations, 2006

IN EXERCISE of the powers conferred by article 13(g) of the

Commissioners for Justice Act, the Deputy Prime Minister and

Minister for Justice and Home Affairs has made the following

regulations

The title of these regulations is the Local Enforcement

System Committee Regulations, 2006.

In these regulations, unless the context otherwise requires

"the Act" means the Commissioners for Justice Act;

"agency" means any agency licensed under article 14 of the

Private Guards and Local Wardens Act;

"Commissioner for Justice" means a commissioner appointed

under article 4 of the Act;

"Committee" means the Committee established by regulation 3;

"Joint Committee" means each one of the committees

established for the administration of the local enforcement system on

a regional basis;

"Local Councils Association" means the Association established

under the Local Councils (Association) Regulations;

"Minister" means the Minister responsible for local councils;

"tribunal" means any tribunal chaired by a Commissioner for

Justice;

"warden" means a warden licensed under article 3 of the Private

Guards and Local Wardens Act.

(1) There shall be a Local Enforcement System

Committee, hereinafter referred to as "the Committee", which shall be

composed of a Chairman, to be chosen and appointed by the Minister,

and the following other members

(a)

the President of the Local Councils Association, ex

officio;

(b)

the Director of Local Councils, ex officio;

(c)

a representative of the Malta Transport Authority;

(d) two members appointed by the Minister form

amongst members of the Joint Committees;

(e)

a representative of the Police Force; and

(f)

two members of the public in general, of good moral

character and who are well respected within the community,

chosen by the Minister.

(2) The Committee shall have the power to regulate its own

proceedings, and may operate notwithstanding any vacancy; so

however that the quorum for each of its sittings shall be five.

(3) The Minister shall appoint a Secretary to the Committee.

The functions of the Committee shall be

Functions of the

Committee.

(a) to draw up and implement a general policy regarding

the local enforcement of any law, regulation or bye-law, the

enforcement of which has been delegated to local councils; such

policy may include parameters for the operation of any local

enforcement;

(b) to review the workings of local enforcement in all

localities, and to give such orders which it may deem

appropriate to any Joint Committee, local council, operator or

contractor appointed by the Committee or by the council for the

carrying out of local enforcement, in all matters that are related

to local enforcement;

(c) to ensure that wherever local enforcement is in

place, the minimum requirements of service are followed as

envisaged in the Act, in the Private Guards and Local Wardens Cap. 291.

Act, in the Local Councils Act, and in the Local Councils Cap. 363.

(Delegation of Enforcement) Order;

(d) to review the workings of the operation of local

tribunals, and the procedures before such tribunals, and without

prejudice to the rights and powers of the Commissioners for

Justice, to give orders and, or directives in this field to any

person who is involved in these proceedings, except to the said

Commissioners for Justice;

(e) to set up a Disciplinary Board which shall have the

power to remove from service local wardens and private guards,

and any other operator;

(f)

give its consent to, following an evaluation of all the

circumstances, local councils regarding the places where, the

times of operation and the purposes for which speed cameras

and, or other traffic cameras may be installed; and

(g) take such initiatives and measures as are required to

improve co-ordination between all parties involved in the local

enforcement of laws, regulations and bye-laws.

By virtue of these regulations, it shall be an express

condition of every licence, permit or authorisation that every

contractor, operator, agency, official, local warden or any other

person involved in the system of local enforcement shall obey and

accept any order or directive, relating to local enforcement, from the

Committee.

The Committee shall have the right to order that expenses

connected with its operation, as well as any other expenses connected

with the workings of local enforcement, shall be a charge on the

income derived from the said system of local enforcement.

The system which is currently in force shall, for a one-

month period from the coming into force of these regulations, remain

in force except for speed cameras which will not continue to operate

after this period unless they will have been consented to by the

Committee in accordance with the provisions of regulation 4(e).