REQUISITION OF BAKERIES REGULATIONS

REQUISITION OF BAKERIES

SUBSIDIARY LEGISLATION 117.11

REQUISITION OF BAKERIES REGULATIONS

21st February, 1957

GOVERNMENT NOTICE 134 of 1957, as amended by Government

Notice 298 of 1958; Legal Notices 15 of 1964, 19 of 1965, 23 of 1977 and

409 of 2007.

The title of these regulations is Requisition of Bakeries

Regulations.

In these regulations -

''bakery'' means any premises containing ovens suitable for the

production of bread and includes any plant, machinery, tools,

implements, accessories, spare parts which are ancillary to the

bakery;

''Minister'' means the Minister from time to time responsible for

the Department of Trade;

''requisition'' means take possession of any bakery or require the

bakery to be placed at the disposal of the Minister;

''requisitionee'' means the person or person from whose

possession a bakery is requisitioned by the Minister.

The Minister may, by order under his hand, requisition any

ba k e r y o r s u c h p a r t o r p a r t s t h e r e o f a s m a y b e us e d i n t h e

production of bread, and may give such directions as appear to him

to be necessary or expedient in order that the requisition may be put

into effect and complied with.

The Minister shall have power to enter the bakery aforesaid

by any officers of the Department of Trade, or by any other person

authorised by him with a view to securing compliance with these

Regulations.

(1) Any person who contravenes or fails to comply with

any requisition order made by the Minister under regulation 3 or

who performs any act or omits to perform any act knowing or

having reasonable cause to believe that such act or omission is

likely to frustrate, hinder or obstruct the execution of any such

requisition order shall, on conviction, be liable to a fine (multa) of

not less than two hundred and thirty-two euros and ninety-four

cents (232.94) but not exceeding one thousand and one hundred and

sixty-four euros and sixty-nine cents (1,164.69) or to imprisonment

for a period from fifteen days to two months or to both such fine

and imprisonment.

(2) The Court, besides awarding punishment, shall order the

offender to comply with these Regulations, within a time, sufficient

for the purpose, to be fixed by the Court; and, if the offender fails

to comply with any such order within the time so fixed, he shall be

liable to a fine (ammenda) of from one euro and sixteen cents

(1.16) to twenty-three euros and twenty-nine cents (23.29) for

REQUISITION OF BAKERIES

every day the default continues after the expiration of the said time.

The Minister may use or authorise the use of any bakery

requisitioned by him under these Regulations in such manner and

subject to such conditions as he considers expedient having regard

to the public interest.

(1) In default of agreement between the Minister and the

requisitionee the compensation payable to the latter shall be such as

is deemed fair and reasonable in all the circumstances of the case

by a Board to be composed as follows -

(a) a Magistrate, to be appointed by the Minister, to be

Chairman;

(b) a person to be appointed by the Minister as his

representative; and

(c) a person to be appointed by the requisitionee as his

representative.

(2) If the requisitionee does not appoint his representative

within the period of seven days from the day on which he is asked

in writing to do so by the Minister, the Minister shall appoint a

third member to represent the requisitionee.

(3) The Board shall regulate its own procedure subject to the

rules of natural justice and shall have the same powers as are by the

Code of Organization and Civil Procedure conferred on the Court

of Magistrates (Malta) or the Court of Magistrates (Gozo) to call

witnesses and hear evidence on oath; summons to witnesses shall

be signed by the Chairman.

When any person has been given the use of a bakery

requisitioned under these Regulations, whether or not such person

pays compensation in respect of such use, the Minister, if in his

absolute discretion he is satisfied that such person should not

continue in such use, may order him to quit such bakery and to

surrender the same within such time as the Minister may determine

notwithstanding any other provisions of law to the contrary.