REGISTRATION AND APPEAL OF PERSONS WITH DISABILITY REGULATIONS

SUBSIDIARY LEGISLATION 210.01

REGISTRATION AND APPEAL OF PERSONS

WITH DISABILITY REGULATIONS

10th November, 1995

LEGAL NOTICE 156 of 1995, as amended by Legal Notice 321 of 2019.

The title of these Regulations is Registration and Appeal of

Persons with Disability Regulations.

(Regulation 3(1))

Application for entry of name in Register of

Persons with Disability

Deleted by Legal Notice 321 of 2019.

(1) In these Regulations, "the Act" means the Persons with

Disability (Employment) Act.

(2) Words and phrases used in these Regulations shall, unless

the context otherwise requires, have the same meaning as is

assigned to them in the Act.

(Regulation 3(2))

Application for retention of name in Register of Persons with Disability

Deleted by Legal Notice 321 of 2019.

(1) Any person who desires to have his name entered in the

register shall make an application to the Corporation.

(2) Any registered person whose period of registration is about

to expire may, not earlier than two months and not later than fifteen

days before the expiration of that period, make an application to the

Corporation for the retention of his name in the register

Provided that, if a final decision by the Corporation or by

the Authority, as the case may be, on such an application is not

arrived at prior to the date of expiration of the period of

registration, the name of the applicant shall, pending such final

decision, be retained in the register.

(3) Any person applying to have his name entered in the register

shall fill in the relevant application and provide any supporting

documentation mentioned therein.

(Regulation 6)

Certificate of Registration

Deleted by Legal Notice 321 of 2019.

No application for the entry or retention of a person’s name

in the register shall be entertained unless the applicant has a

reasonable prospect of obtaining and keeping some form of

employment or of working on his own account.

No person’s name shall be entered in the register, as the

case may be, if -

(a) he is serving a sentence of imprisonment or detention;

(b) he is a whole-time patient at any hospital or institution

in circumstances which make it impossible for him,

within a reasonable time, to undertake employment or

work on his own account or to attend a vocational

training or industrial rehabilitation course, if such a

course is considered necessary in his case;

(c) he is not, at the time, ordinarily resident in Malta.

(1) When a person’s name is entered in the register in

accordance with the provisions of the Act, there shall be issued to

such person, free of any charge, a certificate.

(2)

Any such certificate shall be signed by the Corporation.

(1) Where a person proves to the satisfaction of the

Corporation that the certificate of registration issued to him in

accordance with the provisions of regulation 6 has been stolen or

lost or is defaced or has been accidentally destroyed, the

Corporation shall issue to such person, free of any charge, a

duplicate certificate, clearly marked as such, and signed by the

Corporation.

(2) The Corporation may, prior to the issue of any duplicate

certificate, require the person requesting such issue to prove his

identity and to sign a declaration containing such particulars

referring to the theft, loss, defacement or destruction, as the case

may be, as the Corporation may determine.

(3) If any person to whom a duplicate certificate has been

issued in substitution of the one which had been stolen or lost

subsequently regains possession of the original certificate, he shall,

wi thin twenty-fou r ho urs, surrender to t he Corp oratio n the

duplicate certificate.

Where the name of any person is, for any reason

contemplated in the Act or in these regulations, removed from the

register, the relative certificate of registration issued to him in

accordance with these Regulations shall become null and void and

the holder thereof shall, within twenty-four hours of a notification

made to him in this sense by the Corporation, surrender to the

Corporation that certificate.

Where, in pursuance of the provision of article 13(1) of the

Act, the Corporation notifies any decision to the person to whom it

relates, he shall attach to such decision a copy of sub-article (2) of

the said article and of regulation 10.

(1) Where any person desires to appeal against any

decision taken under or in pursuance of the provisions of the Act,

he may, within thirty days of the receipt of the notification referred

to in regulation 9, make an application to the Authority.

(2) Where an application is made to the Authority under sub-

regulation (1), such application shall contain -

(a) the name and address of the applicant; and

(b) in clear language the reason or reasons in support of

his appeal.

(3) For the purposes of this regulation, any notification made

by means of a letter through the post and directed to the address

shown on the relative application made under regulation 3(1) shall

be deemed, unless the contrary is proved, to have been received by

the person concerned not later than the second day after the date of

posting of the letter.

(1) Any register kept by any person in accordance with the

provision of article 20(1) of the Act shall be preserved by such

person for a period not shorter than five years from the date of the

last entry therein.

(2) Any record kept by any person in accordance with the

provision of article 20(2) of the Act shall be preserved by such

person for a period not shorter than five years from the date to

which the records relate.

REGISTRATION AND APPEAL OF

PERSONS WITH DISABILITY