Disputes Procedures) (Amendment) Regulations, 2022

L.N. 19 of 2022

ELECTRONIC COMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Radiocommunications (Penalties and Voluntary Settlement of

Disputes Procedures) (Amendment) Regulations, 2022

IN EXERCISE of the powers conferred by article 34 of the

Electronic Communications (Regulation) Act, the Minister for the

Economy and Industry, has made the following regulations:-

(1) The title of these regulations is Radiocommunications

(Penalties and Voluntary Settlement of Disputes Procedures)

(Amendment) Regulations, 2022 and these regulations shall be read

and construed as one with the Radiocommunications (Penalties and

Voluntary Settlement of Disputes Procedures) Regulations, hereinafter

referred to as "the principal regulations".

(2) These regulations shall be deemed to have come into force

on the 1st October, 2021.

In regulation 1 of the principal regulations, the words

"Radiocommunications (Penalties and Voluntary Settlement of

Disputes Procedures) Regulations" shall be substituted by the words

"Radiocommunications (Punishments and Voluntary Settlement of

Disputes Procedures) Regulations".

Regulation 3 of the principal regulations, shall be amended

by the following

(a) in the marginal note thereof, the word "fine" shall be

substituted by the words "fine (multa)";

(b) sub-regulation (1) thereof, shall be amended by the

following

(i) the words "The Minister in the case of a first

offence in breach of article 28(1) of the Act, or the

Authority in the case of a first offence in breach of article

30(2) of the Act" shall be substituted by the words "The

Authority in the case of a first offence in breach of articles

30(1) or 31 of the Act"; and

(ii) the words "at the discretion of the Minister or

the Authority, as the case may be," shall be substituted by

the words "at the discretion of the Authority";

(c) in the proviso to sub-regulation (1) thereof, the words

"Provided that in the said agreement the Minister or the

Authority, as the case may be, may include such conditions as

the Minister or the Authority may consider necessary to ensure

compliance with the provisions of articles 28(1) or 30(2) of the

Act, as the case may be," shall be substituted by the words

"Provided that in the said agreement the Authority may include

such conditions as the Authority may consider necessary to

ensure compliance with the provisions of articles 30 or 31 of the

Act,"; and

(d) in sub-regulation (2) thereof, the words "by the

Minister or the Authority" shall be substituted by the words "by

the Authority".

Regulation 4 of the principal regulations, shall be amended Amends

regulation 4 of

by the following

the principal

regulations.

(a) in the Maltese version, the words "(1) Minkejja" shall

be substituted by the word "Minkejja";

(b) the words "the provisions of article 28 or 30 of the

Act" shall be substituted by the words "the provisions of article

30B of the Act";

(c) the words "a penalty in accordance with" shall be

substituted by the words "a fine (multa) in accordance with";

(d) in the proviso thereof, the words "penalty applicable

therewith" shall be substituted by the words "fine (multa)

applicable therewith"; and

(e) in the proviso thereof, the words "the provisions of

article 28 or 30 of the Act, as the case may be," shall be

substituted by the words "the provisions of article 30B of the

Act".

Regulation 5 of the principal regulations, shall be Substitutes

regulation 5 of

substituted by the following

the principal

regulations.

"5. In the event that any fine (multa) or administrative

penalty are due under these regulations or under Part IV of the

Act, a radiocommunications individual licence issued under Part

IV of the Act, shall not be renewed unless, together with the

prescribed fee, such person pays any such fine (multa) or

administrative penalty as may be due.".

In the Schedule to the principal regulations, the words "the

Amends the

Schedule to the

penalty stated" shall be substituted by the words "the fines (multi)

principal

stated".

regulations.

€0.27