Extension of Jurisdiction of the Administrative Review Tribunal

L.N. 180 of 2012

ADMINISTRATIVE JUSTICE ACT

(CAP. 490)

Extension of Jurisdiction of the Administrative Review Tribunal

(Communications) Regulations, 2012

IN exercise of the powers conferred by article 21 of the

Administrative Justice Act, hereinafter referred to as "the Act", the

Minister for Justice, Dialogue and the Family has made the following

regulations:-

(1)

The title of these regulations is the Extension of

Jurisdiction

of

the

Administrative

Review

Tribunal

(Communications) Regulations, 2012.

(2) These regulations shall come into force on the 1 st June,

2012.

Amendment of Laws

First Column

Second Column

Enactment

Extent of Amendment

1. In article 2, immediately after the

Utilities and

Services

definition "tenement" , there shall be added the

(Regulation of following new definition

Certain Works)

" "Tribunal" means the Administrative

Review Tribunal established by article 5 of

Cap. 490. the Administrative Justice Act.".

2. Sub-article (11) of article 4 shall be

amended as follows

(a)

for the words "appeal to the

Communications Appeals Board established

under the Malta Communications Authority

Act:", there shall be substituted the words

"appeal to the Tribunal:"; and

B B 1469

(b)

for the words "The provisions of

Part VIII of the Malta Communications

Authority Act" to the words "appeals filed

under this article." in the paragraph

immediately after the two provisos thereof,

there shall be substituted the following

"The provisions of Part VIII of the

Malta Communications Authority Act,

relating to the hearing of appeals by the

Administrative

Review Tribunal from

decisions of the Malta Communications

Authority shall apply mutatis mutandis to

appeals filed under this article.".

Postal Services

Sub-article (1) of article 2 shall be amended as

Act

follows

(a)

the definition "Appeals Board"

shall be deleted; and

(b)

immediately after the definition

"terminal dues" there shall be added the

following new definition

" "Tribunal" means the Administrative

Review Tribunal established by article 5 of

Cap. 490. the Administrative Justice Act;".

Electronic

Article 2 shall be amended as follows

Communica-

(a)

the definition "Appeals Board"

tions

shall be deleted; and

(Regulation)

(b)

immediately after the definition

Act

"subscriber" there shall be added the

following new definition

" "Tribunal" means the Administrative

Review Tribunal established by article 5 of

Cap. 490. the Administrative Justice Act;".

1. Malta

Article 2 shall be amended as follows

Communica-

(a)

the definition "Appeals Board"

tions Authority

shall be deleted; and

Act

(b)

immediately after the definition

"public officer" there shall be added the

following new definition

" "Tribunal" means the Administrative

Review Tribunal established by article 5 of

Cap. 490. the Administrative Justice Act;".

2. Article 32 shall be amended as follows

(a) in the first proviso to sub-article

(5) thereof, for the words "within the thirty

day period referred to under article 38" there

shall be substituted the words "within the

twenty day period referred to under article

38";

(b) in the provisos to sub-article (5)

thereof, for the words "Appeals Board",

wherever they occur, there shall be

substituted the word "Tribunal"; and

(c) in sub-article (6) thereof, for the

words "Appeals Board", there shall be

substituted the word "Tribunal".

The laws specified in the First Column of the Schedule to

these regulations shall have effect subject to the amendments

specified in the Second Column thereof.

The heading "Communications Appeals

Board" in Part VIII shall be substituted by the

heading "Administrative Review Tribunal".

Article 36 shall be substituted by the

following new article

" Admi-

36. (1) The Administrative Review

Tribunal

shall be competent to hear and

nistrative

Review

Tribunal. determine appeals from decisions of

the

Authority as provided in this Act or in any

law or regulations.

(2) The

provisions

of

the

Cap. 490. Administrative Justice Act, in so far as they

apply to the Administrative Review

Tribunal, shall apply to any proceedings

before the said Tribunal and the words

"public administration" in the said

enactment shall be construed as a reference

to the Authority.

(3) The provisions of article 25 of the

Cap. 490. Administrative Justice Act shall apply to any

proceedings pending before the Appeals

Board constituted under article 36, as the

said article stood prior to the coming into

force of this article, and any such

proceedings

shall be assigned to the

Administrative Review Tribunal in terms of

the aforesaid article 25 with effect from 1 st

June, 2012.".

Article 37 shall be amended as follows

(a) in sub-articles (1) and (2) thereof,

for the words "Appeals Board", wherever

they occur, there shall be substituted the

word "Tribunal"; and

(b) sub-article (3) thereof shall be

substituted by the following new sub-article

"(3) Without prejudice to the

provisions of article 38, an appeal from

a decision of the Authority shall be

made by application and shall be filed

with the Secretary of the Tribunal

within twenty days from the date on

which the said decision has been

notified.".

Article 37A shall be deleted.

Article 38 shall be amended as follows

(a) for the words "Appeals Board",

wherever they occur, there shall be

substituted the word "Tribunal";

(b) in sub-article (2) thereof, for the

words "within thirty days from the date of

such notification", there shall be substituted

the words "within twenty days from the date

of such notification"; and

(c) in sub-article (6) thereof the

words "equivalent to a decision of the First

Hall of the Civil Court ordering payment by

the appellant of the administrative fine as

confirmed or reduced" shall be deleted.

Article 39 shall be amended as follows

(a) in sub-article (1) thereof, for the

words "Appeals Board" there shall be

substituted the word "Tribunal";

(b) sub-article (2) thereof shall be

deleted and sub-article (3) shall be

renumbered as sub-article (2); and

(c) in sub-article (2) thereof, as

renumbered, for the words "Appeals Board",

wherever they occur, there shall be

substituted the word "Tribunal".

Article 40 shall be amended as follows

(a) sub-articles (1), (4) and (6)

thereof shall be deleted and sub-articles (2),

(3), (5) and (7) shall be renumbered as sub-

articles (1), (2), (3) and (4) respectively; and

(b) in sub-articles (1), (2) and (3)

thereof, as renumbered, for the words

"Appeals Board" wherever they occur, there

shall be substituted the word "Tribunal".

Article 41 shall be deleted.

In article 42, for the words "Appeals

Board", wherever they occur, there shall be

substituted the word "Tribunal".

In article 48, for the words "Appeals

Board", there shall be substituted the word

"Tribunal".

1. Sub-regulation (2) of regulation 2 shall be

amended as follows

(a) the definition "Appeals Board"

shall be deleted; and

(b) immediately after the definition

"service provider" there shall be added the

following new definition

" "Tribunal" means the Administrative

Review Tribunal established by article 5 of

Cap. 490. the Administrative Justice Act.".

2. In sub-regulations (2)(b) and (3) of

regulation 15, for the words "Appeals Board", there

shall be substituted the word "Tribunal".

3. In sub-regulation (3) of regulation 17, for

the words "Appeals Board", wherever they occur,

there shall be substituted the word "Tribunal".

4. In regulation 19, for the words "Appeals

Board", wherever they occur, there shall be

substituted the word "Tribunal".

5. In regulation 20, for the words "Appeals

Board", wherever they occur, there shall be

substituted the word "Tribunal".

6. In regulation 25, for the words "Appeals

Board", there shall be substituted the word

"Tribunal".

Electronic

The Electronic Communications Appeals

Communica-

Board (Rules of Procedure) Regulations are hereby

tions Appeals

revoked.

Board (Rules

of Procedure)

Regulations

Directives by

In

Directive

by

the

Malta

the Malta

Communications Authority (Legal Notice

Communica-

365 of 2002), for the words "Electronic

tions Authority

Communications Appeals Board", there

shall be substituted the words "the

Administrative Review Tribunal established

by article 5 of the Administrative Justice

Act".

Cable Systems

In regulation 23, for the words

(General)

"Electronic

Communications

Appeals

Regulations

Board" there shall be substituted the words

"the Administrative Review Tribunal

established by article 5 of the Administrative

Justice Act".

Communica-

The Communications Appeals Board

tions Appeals

(Procedure) Regulations are hereby revoked.

Board

(Procedure)

Regulations

€0.63