233 tal-2017

L.N. 233 of 2017

FINANCIAL ADMINISTRATION AND AUDIT ACT

(CAP. 174)

Public Procurement (Amendment No. 2) Regulations, 2017

BY VIRTUE of the powers conferred by article 4 of the

Financial Administration and Audit Act, the Minister of Finance has

made the following regulations:-

The title of these regulations is the Public Procurement

(Amendment No. 2) Regulations, 2017, and these regulations shall be

read and construed as one with the Public Procurement Regulations,

hereinafter referred to as the "principal regulations".

In sub-regulation (1) of regulation 15 of the principal

regulations, immediately after the words "at any time during a call for

tenders" there shall be added the words "or quotations".

In paragraph (a) of regulation 74 of the principal

regulations, for the words "Director Corporate Services," there shall

be substituted the words "The Head of the Department responsible for

Corporate Services,".

Regulation 90 of the principal regulations shall be

amended as follows

(a)

sub-regulations (3) and (4) thereof shall be re-

numbered as sub-regulations (4) and (5) respectively; and

(b) immediately after sub-regulation (2) thereof there

shall be added the following new sub-regulation

"(3) In its decision the Review Board shall have

the power to cancel the tendering process if it appears to it

that this is the best solution in the circumstances of the

case; in this case no party shall have any right to request

damages because of the decision cancelling the call.".

In sub-regulation (2) of regulation 100 of the principal

regulations, for the words "Head of the Contracting Authority" there

shall be substituted the words "Head of the contracting authority or

any person delegated by him in writing".

The proviso to regulation 103 of the principal regulations

shall be substituted by the following

"Provided

that

contracting

authorities

listed

under

Schedule 3 shall obtain the prior approval of the Minister

responsible for that contracting authority who may delegate his

authority in writing to the Permanent Secretary, any senior

official in his Ministry or to the Head of the contracting

authority instead of the Minister.".

Sub-regulation (1) of regulation 154 of the principal Amends

regulation 154

regulations shall be amended as follows

of the principal

regulations.

(a)

in paragraph (b) thereof, for the words "where the

supplies" there shall be substituted the words "where the

services"; and

(b) in paragraph (d) thereof, for the words "for new

works consisting in the repetition of similar works" there shall

be substituted the words "for new services consisting in the

repetition of similar services".

In regulation 200 of the principal regulations, immediately Amends

after the words "registered letter" there shall be added the words "or regulation

of the principal

judicial letter as provided for under the Code of Organization and regulations.

Civil Procedure".

In sub-regulation (2) of regulation 260 of the principal Amends

regulations, for the words "obtain the prior approval of their regulation

of the principal

Permanent Secretary" there shall be substituted the words "obtain the regulations.

prior approval of, or the preliminary permission from, their

Permanent Secretary".

Schedule 1 to the principal regulations shall be amended as Amends

Schedule 1 to

follows

the principal

regulations.

(a)

for the words

"• Office of the Prime Minister/Permanent

Secretary’s Office/Department of Corporate Services

•

Ministry for European Affairs and

Implementation of the Electoral Manifesto/Permanent

Secretary’s Office/Department of Corporate Services

•

Ministry for Foreign Affairs/Permanent

Secretary’s Office/Department of Corporate Services

•

Ministry for Education and Employment/

Permanent Secretary’s Office/Operations Department

•

Ministry for Transport and Infrastructure/

Permanent Secretary’s Office/Department of Corporate

Services

•

Ministry for Gozo/Permanent Secretary’s

Office/Department of Corporate Services

•

Ministry for Social Dialogue, Consumer

Affairs and Civil Liberties/Permanent Secretary’s Office/

Department of Corporate Services

•

Ministry for the Economy, Investment and

Small Business/Permanent Secretary’s Office/Department

of Corporate Services

•

Ministry for Finance/Permanent Secretary’s

Office/Department of Corporate Services

•

Ministry for the Family and Social Solidarity/

Permanent Secretary’s Office/Department of Corporate

Services

•

Ministry for Justice, Culture and Local

Government/Permanent Secretary’s Office/Department of

Corporate Services

•

Ministry for Tourism/Permanent Secretary’s

Office/Department of Corporate Services

•

Ministry for Home Affairs and National

Security/Permanent Secretary’s Office/Department of

Corporate Services

•

Ministry for Sustainable Development, the

Environment and Climate Change/Permanent Secretary’s

Office/Department of Corporate Services

•

Ministry for Competitiveness and Digital,

Maritime and Services Economy/Permanent Secretary’s

Office/Department of Corporate Services

•

Ministry for Health/Permanent Secretary’s

Office/Department of Corporate Services"

there shall be substituted the words

"• Office of the Prime Minister/Permanent

Secretary’s Office/Department responsible for Corporate

Services

•

Ministry for the Economy, Investment and

Small

Businesses/Permanent

Secretary’s

Office/

Department responsible for Corporate Services

•

Ministry for Education and Employment/

Permanent Secretary’s Office/Department responsible for

Corporate Services

•

Ministry for Energy and Water Management/

Permanent Secretary’s Office/Department responsible for

Corporate Services

•

Ministry for European Affairs and Equality/

Permanent Secretary’s Office/Department responsible for

Corporate Services

•

Ministry for Finance/Permanent Secretary’s

Office/Department responsible for Corporate Services

•

Ministry for Tourism/Permanent Secretary’s

Office/Department responsible for Corporate Services

•

Ministry for Home Affairs and National

Security/Permanent

Secretary’s

Office/Department

responsible for Corporate Services

•

Ministry for Justice, Culture and Local

Government/Permanent Secretary’s Office/Department

responsible for Corporate Services

•

Ministry for the Environment, Sustainable

Development and Climate Change/ Permanent Secretary’s

Office/Department responsible for Corporate Services

•

Ministry for Health/Permanent Secretary’s

Office/Department responsible for Corporate Services

•

Ministry for Foreign Affairs and Trade

Promotion/Permanent Secretary’s Office/Department

responsible for Corporate Services

•

Ministry for Transport, Infrastructure and

Capital Projects/Permanent Secretary’s Office/Department

responsible for Corporate Services

•

Ministry for Gozo/Permanent Secretary’s

Office/Department responsible for Corporate Services

•

Ministry for the Family, Children’s Rights

and Social Solidarity/Permanent Secretary’s Office/

Department responsible for Corporate Services";

(b) for the words "Local Government Department" there

shall be substituted the words "Department for Local

Government";

(c)

for the words "Elderly and Community Care" there

shall be substituted the words "Department of Active Ageing

and Community Care";

(d) for the word "Aċċess" there shall be substituted the

word "Leap";

(e)

immediately after the words "Benefit Fraud and

Investigation" there shall be added the word "Department";

(f)

for the words "Data Protection Commission" there

shall be substituted the words "Information and Data Protection

Commissioner";

(g) for the words "National Commission for Persons

with Disability" there shall be substituted the words

"Commission for the Rights of Persons with Disability";

(h) immediately after the words "Social Security" there

shall be added the word "Department";

(i)

immediately after the words "Social Welfare

Standards" there shall be added the word "Department";

(j)

for the words "Consumer and Competitive Division"

there shall be substituted the words "Malta Competition and

Consumer Affairs Authority";

(k) for the words "Pjazza Teatru Rjal" there shall be

substituted the words "Justice Department";

(l)

the words "Teatru Malta" shall be deleted;

(m) for the words "Żfin Malta" there shall be substituted

the words "Heritage Malta"; and

(n) immediately after the words

"Institute

for

Education" there shall be added the following

"Education Malta

English Language Teaching Council

National Book Council

Gozo Heliport Limited".

Schedule 2 to the principal regulations shall be amended as Amends

Schedule 2 to

the principal

regulations.

(a)

for the words

"• Office of the Prime Minister/Permanent

Secretary’s Office/Department of Corporate Services

•

Ministry for European Affairs and

Implementation of the Electoral Manifesto/Permanent

Secretary’s Office/Department of Corporate Services

•

Ministry for Foreign Affairs/Permanent

Secretary’s Office/Department of Corporate Services

•

Ministry for Transport and Infrastructure/

Permanent Secretary’s Office/Department of Corporate

Services

•

Ministry for Gozo/Permanent Secretary’s

Office/Department of Corporate

•

Ministry for Social Dialogue, Consumer

Affairs and Civil Liberties/Permanent Secretary’s Office/

Department of Corporate Services

•

Ministry for the Economy, Investment and

Small Business/Permanent Secretary’s Office/Department

of Corporate Services

•

Ministry for Finance/Permanent Secretary’s

Office/Department of Corporate Services

•

Ministry for the Family and Social Solidarity/

Permanent Secretary’s Office/Department of Corporate

Services

•

Ministry for Justice, Culture and Local

Government/Permanent Secretary’s Office/Department of

Corporate Services

•

Ministry for Tourism/Permanent Secretary’s

Office/Department of Corporate Services

•

Ministry for Sustainable Development, the

Environment and Climate Change/Permanent Secretary’s

Office/Department of Corporate Services

•

Ministry for Competitiveness and Digital,

Maritime and Services Economy/Permanent Secretary’s

Office/Department of Corporate Services

•

Ministry for Health/Permanent Secretary’s

Office/Department of Corporate Services"

there shall be substituted the words

"• Office of the Prime Minister/Permanent

Secretary’s Office/Department responsible for Corporate

Services

•

Ministry for the Economy, Investment and

Small

Businesses/Permanent

Secretary’s

Office/

Department responsible for Corporate Services

•

Ministry for Energy and Water Management/

Permanent Secretary’s Office/Department responsible for

Corporate Services

•

Ministry for European Affairs and Equality/

Permanent Secretary’s Office/Department responsible for

Corporate Services

•

Ministry for Finance/Permanent Secretary’s

Office/Department responsible for Corporate Services

•

Ministry for Tourism/ Permanent Secretary’s

Office/Department responsible for Corporate Services

•

Ministry for the Environment, Sustainable

Development and Climate Change Permanent Secretary’s

Office/Department responsible for Corporate Services

•

Ministry for Health/ Permanent Secretary’s

Office/Department responsible for Corporate Services

•

Ministry for Foreign Affairs and Trade

Promotion/Permanent Secretary’s Office/Department

responsible for Corporate Services

•

Ministry for Transport, Infrastructure and

Capital Projects/ Permanent Secretary’s Office/Department

responsible for Corporate Services";

(b) the words "Cleansing and Maintenance Department"

shall be deleted;

(c)

the word "Aċċess" shall be deleted;

(d)

the words "Data Protection Commission" shall be

deleted;

(e)

the words "National Commission for Persons with

Disability" shall be deleted;

(f)

the words "National Commission for the Family"

shall be deleted;

(g)

the words "Medicines Authority" shall be deleted;

(h) the words "Consumer and Competitive Division"

shall be deleted; and

(i)

immediately after the words "Central Procurement

Supplies Unit", there shall be added the following

"Office of the Regulator IIP

Identity Malta

Malta Council for Science and Technology".

Schedule 16 to the principal regulations shall be amended Amends

Schedule 16 to

as follows

the principal

regulations.

(a)

for the words "Ministry for Home Affairs and

National Security/Permanent Secretary’s Office/Department of

Corporate Services" there shall be substituted the words

"Ministry for Home Affairs and National Security/Permanent

Secretary’s Office/Department responsible for Corporate

Services;

(b) for the words "Ministry for Education and

Employment/Permanent Secretary’s Office/Department of

Corporate Services" there shall be substituted the words

"Ministry for Education and Employment/Permanent

Secretary’s Office/Department responsible for Corporate

Services";

(c)

for the words "Malta Council for Science and

Technology" there shall be substituted the words "Education

Malta";

(d) immediately after the words

"Institute

for

Education" there shall be added the words

"English Language Teaching Council

National Book Council";

(e)

for the words "Ministry for Justice Culture and

Local Government/Permanent Secretary’s Office/Department of

Corporate Services" there shall be substituted the words

"Ministry for Justice Culture and Local Government/Permanent

Secretary’s Office/Department responsible for Corporate

Services";

(f)

for the words "Local Government Department" there

shall be substituted the words "Department for Local

Government";

(g)

the words "Office of the Regulator IIP" shall be

deleted;

(h)

the words "Identity Malta" shall be deleted;

(i)

for the words "Pjazza Teatru Rjal" there shall be

substituted the words "Justice Department";

(j)

for the words "Teatru Malta" there shall be

substituted the words "Information and Data Protection

Commissioner";

(k) for the words "Żfin Malta" there shall be substituted

the words "Malta Competition and Consumer Affairs

Authority";

(l)

immediately after the words "Malta Competition

and Consumer Affairs Authority" there shall be added the

following

"Cleansing and Maintenance Department

Medicines Authority";

(m) for the words "Ministry for the Family and Social

Solidarity/Permanent Secretary’s Office/Department of

Corporate Services" there shall be substituted the words

"Ministry for the Family, Children’s Rights and Social

Solidarity/

Permanent

Secretary’s

Office/Department

responsible for Corporate Services";

(n) for the words "Elderly and Community Care" there

shall be substituted the words "Department of Active Ageing

and Community Care";

(o) immediately after the words "Benefit Fraud and

Investigation" there shall be added the word "Department";

(p) immediately after the words "Social Security" there

shall be added the word "Department";

(q) immediately after the words "Social Welfare

Standards" there shall be added the word "Department";

(r)

immediately after the words "Office of the

Commissioner for Children" there shall be added the following

"Leap

Commission for the Rights of Persons with

Disability";

(s)

for the words "Ministry for Gozo/Permanent

Secretary’s Office/Department of Corporate Services" there

shall be substituted the words "Ministry for Gozo/Permanent

Secretary’s Office/Department responsible for Corporate

Services";

(t)

for the words

"Projects and Development

Directorate (Gozo)";

there shall be substituted the words

"Projects and Development Directorate (Gozo)";

(u) immediately after the words "Customer Services"

there shall be added the word "Directorate"; and

(v) immediately after the words "Gozo Channel

(Operations) Ltd" there shall be added the words "Gozo

Heliport Limited".

B

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