BOARDS OF INQUIRY RELATIVE TO MAINTENANCE AND CONTROL OF SUPPLIES AND SERVICES REGULATIONS

BOARDS OF INQUIRY RELATIVE TO MAINTENANCE

AND CONTROL OF SUPPLIES AND SERVICES

SUBSIDIARY LEGISLATION 117.07

BOARDS OF INQUIRY RELATIVE TO

MAINTENANCE AND CONTROL OF SUPPLIES

AND SERVICES REGULATIONS

30th June, 1956

GOVERNMENT NOTICE 387 of 1956, as amended by Legal Notice 409

of 2007.

The title of these regulations is Boards of Inquiry relative

to Maintenance and Control of Supplies and Services Regulations.

Form of Oath to be taken by the members and by the Secretary of a

Board of inquiry

I ........................... having been appointed to be a member/the

Secretary of a Board of inquiry to inquire and report on ..................

do swear that, so long as I am a member/the Secretary of that

Board, I will faithfully, fully, impartially and to the best of my

ability discharge the trust and perform the duties devolving upon

me by virtue of the said appointment.

So help me God

In

these

regulations,

unless

the

context

otherwise

requires -

''Board'' means a Board of inquiry appointed under these

Regulations;

''essential supplies'' and ''essential services'' have the meanings

assigned to them in the Supplies and Services Act, and include in

particular the supply, importation, production, distribution, use or

consumption of wheat, flour, by-products of wheat including bread;

''undertaking'' has the same meaning assigned to it by the

Supplies and Services Act;

Where a Board of inquiry is appointed under the Supplies

and Services Act, for the purposes of ascertaining the facts and

circumstances relating to any essential supplies or services, the

provisions of these Regulations shall apply.

The Board shall be composed of a magistrate who shall be

the chairman, of such number of other persons, as may be deemed

necessary, and of a Secretary.

Before taking cognisance of any matter referred to the

Board, every member (other than the Chairman) and the secretary

shall take an oath of office before the Chairman of the Board in the

form quoted in the Schedule to these Regulations.

The Board shall carry out its investigations in camera and

shall regulate its own procedure as it deems fit and may likewise

form an opinion on any matter in any manner as it deems fit.

The Board shall have the power -

(a) to summon persons to appear and give information on

oath at such place, day and time as it may determine;

(b) to require any person in possession of books, accounts

or documents that may have a bearing on its

investigations to produce to it such books, accounts or

other documents or to require any such person to

furnish to it such estimates, extracts or returns as it

may require;

(c) to require any person in possession of goods or things

that may have a bearing on its investigations to

BOARDS OF INQUIRY RELATIVE TO MAINTENANCE

AND CONTROL OF SUPPLIES AND SERVICES

produce to it samples of such goods or things, and/or

specifications thereof, on payment of a fair and

reasonable compensation;

(d) at all reasonable times to enter any place where any

business or undertaking relating to its investigations is

being carried out or where it has reason to believe that

any goods or things to which those terms refer are kept

or stored, or where it has reason to believe that any

books, accounts or documents which may be relevant

to the inquiry are kept; as well as any other place or

premises used by or under the control of the persons to

whom that business or undertaking appertains

Provided that the Board shall not, unless it thinks

that it is necessary to do so, enter into any premises

used as a dwelling house without giving the occupiers

thereof at least twenty-four hours notice of its

intention of so doing;

(e) to take samples of any of the goods or things referred

to in paragraph (d) of this regulation making a fair and

reasonable compensation;

(f)

to examine, test and analyse or cause to be examined,

tested and analysed any samples, goods or things

making where necessary a fair and reasonable

compensation;

(g) to inspect in such manner and at such place as it may

determine and take extracts from any books, accounts

or documents referred to in paragraphs (b) and (d) of

this regulation;

(h) to enforce in such manner as it deems fit the

attendance before it for the purposes of this regulation

of persons ordered to do so and the doing of anything

ordered under this regulation; for the purpose of such

enforcement, the Board shall have the same powers as

the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo) as set out in the Code of

Organization and Civil Procedure except that it shall

not in any case have power to order the detention of

any person.

Any order to persons to appear before the Board to give

information and/or to produce books, accounts, documents,

samples and/or specifications of goods or things shall be given in

writing and shall be signed by the Chairman.

The fees payable to persons appearing before the Board to

give information to it shall be equal to those provided for by the

Witnesses (Fees) Ordinance and where that Ordinance does not

provide for appropriate fees, the fees shall be those determined by

the chairman in each particular case.

(1) Any person who, in connection with any matter under

these regulations -

(a) hinders or obstructs the Chairman, any member or the

BOARDS OF INQUIRY RELATIVE TO MAINTENANCE

AND CONTROL OF SUPPLIES AND SERVICES

Secretary in the execution of his duties; or

(b) furnishes any information which he knows to be false

in any material particular, or recklessly furnishes any

information which is false in any material particular;

or

(c) with intent to deceive produces, furnishes, sells or

otherwise makes use of any book, account, document

or extract, which is false in any material particular; or

(d) with intent to deceive produces, furnishes, shows,

sends or make use of goods, objects or samples which

are not genuine; or

(e) with intent to deceive withholds any material

information when required to give information

regarding any of the investigations of the Board,

shall be guilty of an offence and shall be liable to an fine (multa) of

not less than eleven euros and sixty-five cents (11.65) but not

exceeding two hundred and thirty-two euros and ninety-four cents

(232.94) in respect of each such offence.

(2) The punishments provided in the preceding provision shall

apply unless the fact or omission constitutes a more serious offence

under the Criminal Code or some other law, in which case such

Code or law shall apply, but so that no person shall be punished

twice for the same offence.