TOURISM APPEALS BOARD REGULATIONS

TOURISM APPEALS BOARD

SUBSIDIARY LEGISLATION 409.07

TOURISM APPEALS BOARD REGULATIONS

31st May, 2002

LEGAL NOTICE 127 of 2002.

The title of these regulations is the Tourism Appeals Board

Regulations.

In these regulations unless the context otherwise requires

"Act" means the Malta Travel and Tourism Services Act;

"Authority" means the Malta Tourism Authority;

"Board" means the Tourism Appeals Board;

"appellant" means any person submitting an appeal to the Board;

"fees regulations" means any regulations prescribing fees to be

paid in respect of appeals before the Tourism Appeals Board as

may, from to time, be in force;

"Secretary" means the person appointed by the Board to carry out

the administrative function of the Board as provided for in article

14(6) of the Act.

(1) The Authority shall allocate to the Board such funds as

may be required by the Board for the performance of its functions

including funds for administrative and technical support.

(2) The Secretary shall be responsible for the preparation of

estimates of income and expenditure in respect of each financial

year and shall, not later than six weeks prior to the end of each

year, submit to the Authority such estimates for the next financial

year.

(3) The Secretary shall keep proper books of account and other

records in respect of the operations of the Board as well as prepare

statements of accounts in respect of each financial year.

(4) The accounts of the Board shall be audited by an auditor or

auditors to be appointed by the same Board.

(1) The Secretary shall be responsible for the day to day

business of the Board and for such other duties as may be assigned

to him by the Board from time to time.

(2) The Secretary of the Board shall have mutatis mutandis the

same authority in relation to the Board as a Registrar has in relation

to a Court of Law.

The appellant shall, on the filing of the appeal, and the

Authority shall at least one week prior to the hearing, submit to the

Board a comprehensive statement of the facts and all documentary

evidence relating to the case.

TOURISM APPEALS BOARD

The evidence of witnesses in the appeal hearing shall be

produced either viva voce or by affidavit. The provisions of the

C o de of O rga n iz a t i on a n d C i v il P r o c e d u r e r e f e r r in g to t he

production of evidence before a court of civil jurisdiction, shall,

mutatis mutandis, apply to the production of evidence by viva voce

or by affidavit before the Board.

(1) The hearing of the appeal shall be held within the

shortest time possible and in no case later than thirty days from the

filing of such appeal.

(2) The Board shall proceed to hear and decide on the appeal

on the statements of facts and documentary evidence submitted by

both parties in terms of regulations 5 and 6.

(3) The Board shall, as far as practicable, decide the appeal in

one sitting. It shall refrain from granting adjournments saving

exceptional circumstances as the Board may deem appropriate.

If one of the parties, duly notified to appear at a hearing,

fails to do so without showing sufficient and justified cause, the

Board may, even in the absence of such party, proceed with the

hearing of the appeal.

(1) Any appeal, communication or other document, made

or addressed to the Board, shall be filed with the Secretary of the

Board.

(2) Any notice, communication or other document, and any

authorisation issued by the Board, shall be signed by the Chairman

or by the Secretary.

Any document sent for service by the Board, shall be

deemed to have been delivered and duly notified if it is physically

delivered or sent by registered post to the addressee at his place of

business, habitual residence or mailing address.

(1) The appellant shall, on filing of the appeal, pay the

appropriate fee in an amount according to the Fees (Tourism)

Regulations.

(2) If the Board is unable to decide the appeal at its first

hearing, and subsequent hearings are held, the appellant shall,

besides the initial fee as required in subregulation (1), pay an

additional fee for every subsequent hearing as set out in the Fees

(Tourism) Regulations.

(1) If the Board finds for the appellant, the Board shall, in

its decision, order the Authority to refund all fees paid by the

appellant under the Fees (Tourism) Regulations in relation to the

appeal.

(2) The Board may apportion costs between the parties, in

which case the Authority shall be ordered to refund such part of the

fee so apportioned saving any previous order in respect of costs

which the Board may have made.

The Board shall be competent to hear appeals filed after

the coming into force of these regulations.