Public Auction (Amendment) Regulations, 2010

L. N. 237 of 2010

AUCTIONEERS ACT

(CAP. 342)

Public Auction (Amendment) Regulations, 2010

IN exercise of the powers conferred by article 5 of the

Auctioneers Act, the Minister of Finance, the Economy and

Investment has made the following regulations:-

The title of these regulations is the Public Auction Citation.

(Amendment) Regulations, 2010 and they shall be read and construed

as one with the Public Auction Regulations, hereinafter in these S.L. 342.01.

regulations referred to as "the principal regulations".

In regulation 2 of the principal regulations immediately Amends

after the definition " "antique" and "auctioneer" " there shall be regulation

the principal

inserted the following

regulations.

" "Board" means a board of examiners, who cannot be

operators in the auctioneering sector, set up from time to time by the

Minister in order to assess applicants for a licence to act as

auctioneer;".

Regulations 13 and 14 of the principal regulations shall be Deletes

regulations 13

deleted.

and 14 of the

principal

regulations.

Regulations 15, 16, and 17 of the principal regulations are Renumbers

regulations 15,

to be renumbered as regulations 13, 14, and 15 respectively.

16 and 17 of the

principal

regulations.

Immediately after regulation 15 as renumbered of the Adds new

principal regulations there shall be added the following new regulation

the principal

regulation

regulations.

" Qualification

(1) In order to qualify for the

grant of a licence to act as an auctioneer, a

Requirements.

person shall-

(a)

be not less than

eighteen years old; and

(b)

be of good moral

character and not have within the

last three years been convicted of a

criminal act relating to fraud or

misappropriation of money or other

articles.

(2) In addition to meeting the

conditions of sub-regulation (1), the

applicant must also satisfy the Board of

his knowledge of

(a)

national auctioneering

legislation and procedure;

(b)

national

laws

and

regulations relating to antiques and

cultural heritage; and

(c)

relevant

general

commercial practice

Provided that paragraph (b)

shall not be applicable to applicants who

declare that they will not be providing

their services in the auctioning of

antiques.

(3) Applications for a licence to act

as an auctioneer shall be submitted to the

regulatory authority as determined under

the Trading Licences Act, subject to any

exemptions and under conditions which

may be applicable under the Act. The

application shall be accompanied by a

good conduct certificate issued by the

Commissioner of Police. If the applicant

fulfils the condition of sub-regulation (1)

the regulatory authority shall notify the

Board of the application within ten

working days.

B B 2197

(4) The Board shall interview the

applicant and inform the regulatory

authority of its decision within three

months from the date of being notified.

Where duly motivated, this period may be

extended by a further month provided that

the applicant is duly informed of such

extension. Decisions of the Board shall be

fully reasoned and shall be subject to

appeal before the Administrative Review

Tribunal established by sub-article (1) of

article 5 of the Administrative Justice Act.

(5) The regulatory authority shall

within ten days from receiving

notification of the Board’s decision issue a

licence or a notice of refusal as the case

may be.

(6)

Where a person is already

licensed or otherwise legally established

to carry on auctioning activities in another

Member State, and that person wishes to

carry out such activities in Malta on a

non-permanent basis, he shall not be

required to apply for a licence but only to

notify the regulatory authority as provided

in the Trading Licences Act

Provided that where a person who is

already licensed or otherwise legally

established to carry on auctioning

activities in another Member State, carries

out auctioning activities in Malta that

person shall still be required to comply

with regulations 3 to 15 above.".

6. Regulation 18 of the principal regulations shall be deleted.

Deletes

regulation 18 of

the principal

regulations.

7. Immediately

after

regulation

of

the

principal Adds new

regulation 17 to

the principal

regulations.

B B 2198

regulations, there shall be added the following new regulation

" Fees to be

There shall be paid to the Director

of Trade, in respect of the consideration by

paid to the

Director of

the Board, a fee of three hundred Euro

Trade.

(€300) together with the relevant application

fee and renewal fee as may be stipulated

under the Trading Licences Act and

regulations made thereunder.".

€0.37