Aviation Security (Background Checks)

L.N. 27 of 2014

AIRPORTS AND CIVIL AVIATION (SECURITY) ACT

(CAP. 405)

Aviation Security (Background Checks)

(Amendment) Regulations, 2014

IN exercise of the powers conferred by article 3 of the Airports

and Civil Aviation (Security) Act, the Minister for Home Affairs and

National Security has made the following regulations:-

The title of these regulations is the Aviation Security

(Background Checks) (Amendment) Regulations, 2014, and these

regulations shall be read and construed as one with the Aviation

Security (Background Checks) Regulations, hereinafter referred to as

"the principal regulations".

Regulation 8 of the principal regulations shall be amended

as follows

(a)

in sub-regulation (3) thereof, the words "or restored,

as the case may be," shall be deleted; and, in the Maltese

version thereof, for the word "finali" there shall be substituted

the words "li għaddiet f’ġudikat"; and

(b) in sub-regulation (4) thereof, the words "or restored,

as the case may be," shall be deleted.

Regulation 11 of the principal regulations shall be

amended as follows

(a)

in sub-regulation (2) thereof, for the word

"applicant" there shall be substituted the words "security pass

holder";

(b) in the proviso to sub-regulation (2) thereof, for the

word "applicant" there shall be substituted the words "security

pass holder"; and

(c)

sub-regulation (3) thereof shall be substituted by the

following

"(3) If from the information given to the Manager

it results that the security pass holder has been found guilty

of any of the offences listed in the Second Schedule and

the punishment awarded by the Court was of a term of

imprisonment of thirty months or more, then the security

pass shall be irretrievably withdrawn.".

Immediately after regulation 11 of the principal Adds new

regulations 11A

regulations, there shall be added the following new regulations

and 11B to the

principal

regulations.

(1) If, from the information

" Rehabilitation

periods in

given to the Manager, it results that the

respect of

security pass holder has been found guilty of

security pass

holders.

any of the offences listed in the Second

Schedule and the punishment awarded was of

a term of imprisonment for a period between

six months and thirty months, whether or not

such term of imprisonment has been

suspended for a term, then the security pass

shall be withdrawn and a security pass may be

issued after the lapse of ten years from the

date of the final judgment regarding such

conviction.

(2) If the information given to the

Manager shows that the security pass holder

has been found guilty of any of the offences

listed in the Second Schedule and the

punishment awarded was of a term of

imprisonment for six months or less, whether

or not such term of imprisonment has been

suspended for a term, then the security pass

shall be withdrawn and a security pass may be

issued after the lapse of seven years from the

date of the final judgment regarding such

conviction.

(3) If, from the information given to

the Manager, it results that the security pass

holder has been found guilty of any of the

offences listed in the Second Schedule but the

punishment prescribed did not include a term

of imprisonment then the security pass may

be issued from the date of final judgment

regarding such conviction.

(4) If, from the information given to

the Manager, it results that the security pass

holder has been charged with the commission

of any of the offences listed in the Second

Schedule but was acquitted, then the security

pass may be issued from the date of final

judgment.

(5) The periods of rehabilitation

referred to in sub-regulations (1) and (2) shall

be halved in the case of security pass holders

who are minors within the meaning of these

regulations.

The Manager shall inform the

Withdrawal of

security pass

security pass holder in writing about the

and right of

appeal.

withdrawal mentioned in regulations 11 and

11A. The security pass holder shall have a

right of appeal to the Administrative Review

Tribunal, against the withdrawal of the

security pass, within twenty days from the

date of notification of the withdrawal; an

appeal against the withdrawal of a security

pass shall be limited to one or both of the

following grounds

-

that the offence in question

is not one of the offences listed in the

Second Schedule; and, or

-

that

the

period

of

rehabilitation provided for in regulation

11A has elapsed.".

€0.27