Extension of Jurisdiction of the Administrative Review Tribunal

L.N. 221 of 2012

ADMINISTRATIVE JUSTICE ACT

(CAP. 490)

Extension of Jurisdiction of the Administrative Review Tribunal

(Business Promotion) 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 (Business

Promotion) Regulations, 2012.

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

2012.

Amendments of Law

First Column

Second Column

Enactment

Extent of Amendment

Business

1. In article 2, immediately after the definition

Promotion

"State Aid Monitoring Board", there shall be added

Act

the following new definition

" "Tribunal" means the Administrative

Review Tribunal established by article 5 of

the Administrative Justice Act;".

2. In sub-article (6) of article 27, for the words

"Appeals Board constituted under article 28" there

shall be substituted the words "Administrative

Review Tribunal".

The law specified in the First Column of the Schedule to

these regulations shall have effect subject to the amendments

specified in the Second Column thereof.

Articles 28, 29, 30 and 31 shall be

substituted by the following new articles

" Appeals.

The

Administrative

Review

Tribunal shall have exclusive jurisdiction to

hear and determine appeals in accordance

with the provisions of article 30.

The members of the Tribunal shall

Liability.

not be personally liable for any acts or

defaults of the Tribunal done or omitted to

be done in good faith in the course of the

proceedings of the Tribunal.

(1) Subject to the provisions of sub-

Appeals

to the

article (2), a qualifying company or other

Adminis-

trative

beneficiary aggrieved by any decision taken

Review

in respect of any matter falling under or

Tribunal.

contemplated by the provisions of this Act

shall have the right to appeal against that

decision before the Tribunal.

(2) Saving the provisions of article

27(6), subarticle (1) shall not apply to any

decision taken by the President of Malta, the

Minister, or the Corporation, as the case may

be, in the exercise of discretionary power.

(3) An appeal from a decision as

aforesaid 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.

(4) The

provisions

of

the

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 Corporation.

(5) The provisions of article 25 of the

Administrative Justice Act shall apply to any

appeals pending before the Appeals Board

constituted under article 28 of this Act, as

the said article stood prior to the coming into

force of this article, and any such appeals

shall be assigned to the Administrative

Review Tribunal in terms of the aforesaid

article 25 with effect from 1st July, 2012.

(6) The provisions of this article shall be

without prejudice to the proceedings

contemplated in -

(a) article 65 to article 69 of the

Income Tax Act; and

(b) article 25 to article 28 of the

Death and Donation Duty Act*

Provided that any issue decided under

this article in respect of any matter

contemplated under this Act shall, saving

the provisions of article 31, be final and

conclusive.

(7) Appeals to the Tribunal shall be

heard in camera unless the Tribunal, on the

application of both contending parties,

otherwise directs.

(8) The Tribunal may order the

correction of any arithmetical error incurred

in any of its decisions on an application filed

by either party within twenty days from the

date of service upon it of that decision, and

such application shall be served on the other

party.

(1) An appeal from a decision of

Appeals to

the Court

of Appeal. the Tribunal may be made by either party, on

a question of law only, to the Court of

Appeal (Inferior Jurisdiction) by an

application filed within twenty days from

the date of service upon it of the decision of

the Tribunal, and such application shall be

served on the other party.

(2) All appeals to the Court of

Appeal shall be heard in camera unless the

Court, on the application of both contending

parties, otherwise directs.

(3) The decisions of the Tribunal and

the Court of Appeal shall be published

without, however, disclosing the identity of

any person.".

*Repealed by Act XVI of 1993.

€0.27