REQUISITION OF WATER-TANKERS REGULATIONS

REQUISITION OF WATER-TANKERS

SUBSIDIARY LEGISLATION 117.26

REQUISITION OF WATER-TANKERS

REGULATIONS

23rd July, 1986

LEGAL NOTICE 43 of 1986, as amended by Legal Notice 409 of 2007.

The title of these regulations is the Requisition of Water-

Tankers Regulations.

In

these

regulations,

unless

the

context

otherwise

requires -

"water-tankers" includes any motor vehicle with a tanker for the

conveyance of water, liquids or other material;

"Minister" means the Prime Minister, or the Parliamentary

Secretary to whom are assigned duties in connection with the Water

Services Corporation;

"person" includes a body or association of persons;

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

water-tanker;

"requisitionee" means the person from whose possession any

water-tanker is requisitioned by the Minister.

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

water-tanker 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.

The Minister or any public officer authorised by him may

enter any premises with a view to securing compliance with the

requisition order.

(1) The Minister may authorise any other person to use any

requisitioned water-tanker.

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

person any requisitioned water-tanker to be used by such person

u n d e r t h e d i r e c t i o n o f t h e m a n a g e r o f t h e Wa t e r S e r v i c e s

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

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

measure, direction, or authorisation connected with such

requisition order, shall, on conviction, be liable to imprisonment

for a term not exceeding six months and 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).

REQUISITION OF WATER-TANKERS

(1) In default of agreement between the Prime Minister

and the requisitionee, the compensation payable to the latter shall

be such as is deemed fair and treasonable 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 Prime 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 Prime Minister, the Prime 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 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 of the Board.

(5) An appeal from the decision of the Board shall lie to the

Court of Appeal and shall be brought by means of an application to

be filed within six working days from the day on which the

decision of the Board is delivered.