REQUISITION OF PLANT MACHINERY AND EQUIPMENT FOR CERAMIC PRODUCTS REGULATIONS

REQUISITION OF PLANT MACHINERY

AND EQUIPMENT FOR CERAMIC PRODUCTS

SUBSIDIARY LEGISLATION 117.21

REQUISITION OF PLANT MACHINERY AND

EQUIPMENT FOR CERAMIC PRODUCTS

REGULATIONS

21st March, 1975

LEGAL NOTICE 37 of 1975, as amended by Legal Notice 409 of 2007.

The title of these regulations is the Requisition of Plant,

Machinery and Equipment for Ceramic Products Regulations.

In

these

regulations,

unless

the

context

otherwise

requires -

"plant, machinery and equipment" means any plant, machinery

and equipment including all accessories, tools and parts required

for and connected with the processing of clay materials and the

manufacturing of plain or decorative glazed tiles and other ceramic

products;

"Minister" means the Minister responsible for trade;

"requisitionee" means the person from whose possession any

plant, machinery and equipment is requisitioned by the Minister;

"requisition" means the taking of possession by the Minister of

any plant, machinery and equipment.

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

plant, machinery and equipment from any requisitionee and may

give such directions as appear to him necessary or expedient in

order that the requisition may be put into effect and complied with.

Such requisition may be delivered by hand by any of the persons

designated by the Minister in accordance with the provisions of

regulation 4 at the requisitionee’s usual place of abode or place of

business. Delivery as herein set out shall be considered as due

service on the requisitionee.

The Minister or any other person authorised by him may

enter any premises with a view to securing compliance with the

requisition order.

(1) The Minister may authorize the Director of Industry or

the Malta Development Corporation to use any plant, machinery

and equipment requisitioned under these Regulations.

(2) The Minister may also, in his discretion, hand over to any

person any plant, machinery and equipment requisitioned under

these Regulations to be used by such person under the direction of

the Director of Industry or the Malta Development Corporation.

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

REQUISITION OF PLANT MACHINERY

AND EQUIPMENT FOR CERAMIC PRODUCTS

frustrate, hinder or obstruct the execution or the carrying out of any

measure, direction or authorisation given under these regulations,

connected with such requisition order shall, on conviction, be liable

to imprisonment not exceeding six months or to a fine (multa) of

not less than four hundred and sixty-five euros and eighty-seven

cents (465.87) and not exceeding two thousand and three hundred

and twenty-nine euros and thirty-seven cents (2,329.37) or to both

such imprisonment and fine.

(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 Prime Minister, as

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, the Minister shall appoint a third member to

represent the requisitionee.

(3) Before starting the proceedings relative to the assessment

of the compensation payable to the requisitionee, the members of

the Board, with the exception of the Chairman, shall take before the

Chairman the oath to examine and decide with equity and

impartiality the matter before it.

(4) The Board shall regulate its own procedure 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 of the

Board.