Detention Service (Amendment) Regulations, 2026

L.N. 90 of 2026

IMMIGRATION ACT

(CAP. 217)

Detention Service (Amendment) Regulations, 2026

IN EXERCISE of the powers conferred by article 34(2) of the

Immigration Act, the Minister responsible for immigration has made

the following regulations:-

The title of these regulations is the Detention Service Citation.

(Amendment) Regulations, 2026 and these regulations shall be read

and construed as one with the Detention Service Regulations, S.L. 217.19.

hereinafter referred to as the "principal regulations".

The principal regulations shall be amended as follows

General

amendments to

the principal

(a) the words "the Head Detention Services", wherever

regulations.

they occur, shall be substituted by the words "the Chief

Executive Officer of the Detention Services Agency"; and

(b)

in the Maltese version only

(i) the words "mill-Kap tas-Servizzi ta’

Detenzjoni", wherever they occur, shall be substituted by

the words "mill-Uffiċjal Kap Eżekuttiv tal-Aġenzija għas-

Servizzi ta’ Detenzjoni";

(ii) the words "lill-Kap tas-Servizzi ta’ Detenzjoni",

wherever they occur, shall be substituted by the words "lill-

Uffiċjal Kap Eżekuttiv tal-Aġenzija għas-Servizzi ta’

Detenzjoni";

(iii) the

words

"mal-Kap

tas-Servizzi

ta’

Detenzjoni", wherever they occur, shall be substituted by

the words "mal-Uffiċjal Kap Eżekuttiv tal-Aġenzija għas-

Servizzi ta’ Detenzjoni"; and

(iv) the words "tal-Kap tas-Servizzi ta’ Detenzjoni",

wherever they occur, shall be substituted by the words "tal-

Uffiċjal Kap Eżekuttiv tal-Aġenzija għas-Servizzi ta’

Detenzjoni".

Immediately after regulation 12 of the principal regulations Adds a new

regulation to the

principal

regulations.

there shall be added the following new regulation

Reports and information concerning detained

persons, including medical reports and reports by

authorised officers, shall be maintained and conducted

with due regard to confidentiality and on an individual

basis.".

4. Regulation 30 of the principal regulations shall be

substituted by the following new regulation

In accordance with regulations 31, 32 and 52,

detained persons shall be entitled to visits from, or

communications

with,

authorised

persons

and

representatives of non-governmental organisations, save

to the extent necessary in the interests of security or

safety. The said visits and communications shall be

conducted in confidence, in accordance with the

procedures established by the Chief Executive Officer of

the Detention Services Agency, and in an area as

stipulated by him, provided that access is not rendered

impossible.".

5. Immediately after sub-regulation (2) of regulation 35 of the

principal regulations there shall be added the following new sub-

regulations

"(3) Telephone calls may be subject to the needs of

ensuring the security and good order of the facility. All

telephones within the facility may be equipped for

monitoring and recording of conversations and the Chief

Executive Officer of the Detention Services Agency may

authorise the intentional hearing of the said conversations

to safeguard members of the public or the security or

safety within the facility and for the detection,

prosecution or prevention of any illegal activity.

(4) A notice shall be affixed inside the facility

indicating that telephone conversations may be monitored

and, or recorded.".

6. Immediately after sub-regulation (4) of the principal

regulations there shall be added the following new sub-regulation

"(5) The medical officer shall treat persons who require

medical treatment as applicable given the circumstances of the

case and in accordance with established medical standards and

procedures.".

€0.18