COVID-19 TEMPORARY GOVERNMENT FINANCIAL SUPPORT MEASURES REGULATIONS

COVID-19 TEMPORARY GOVERNMENT

FINANCIAL SUPPORT MEASURES

SUBSIDIARY LEGISLATION 441.11

COVID-19 TEMPORARY GOVERNMENT FINANCIAL

SUPPORT MEASURES REGULATIONS

18th June, 2021

LEGAL NOTICE 263 of 2021.

(1)

The title of these regulations is the COVID-19

Temporary Government Financial Support Measures Regulations.

(2)

The scope of these regulations is to issue vouchers under

various schemes in order to sustain, preserve and regenerate their

economic activity in Malta.

In these

regulations, unless the context

otherwise

requires

"Act" means the Trading Licences Act;

"authorised entity" means an entity authorised by the Minister

to operate and manage the grant, issuance, distribution, and

redemption of the vouchers in accordance with these regulations;

"eligible establishment" means an establishment which was

forced to close pursuant to the Closure of Non-Essential Retail Outlets

and Outlets Providing Non-essential Services Order and the Closure of

Places Open to the Public Order due to the COVID-19 pandemic;

"eligible persons" means anyone who is a resident of Malta and

sixteen (16) years of age as at the date of publication of these

regulations;

"Minister" shall have the same meaning as assigned to it in the

Act;

"terms and conditions" means the terms and conditions to be

issued together with the vouchers and constituting an integral part of such

vouchers issued by the Minister or any such authorised entity;

"vouchers" means vouchers being issued by the Minister or any

such authorised entity to eligible persons and to be used at eligible

establishments.

Vouchers shall only be used by eligible persons at eligible

establishments.

The Minister may appoint any authorised entity by notice

in the Gazette for the purposes of enabling such authorised entity to

operate and manage the grant, issuance, distribution, and redemption

of the vouchers as well as assist it with any matter relating to the

vouchers.

COVID-19 TEMPORARY GOVERNMENT

FINANCIAL SUPPORT MEASURES

Vouchers are freely transferable between eligible persons

Provided that vouchers may not be sold or transferred

against payment whether in cash or in kind.

(1)

The Minister or authorised entity shall be entitled

to carry out an audit of an eligible establishment to ensure compliance

by that eligible establishment with these regulations.

(2)

Eligible establishments shall give all necessary assistance

to the authorised entity for the purposes of conducting the audit.

Eligible establishments shall maintain records of

vouchers which have been redeemed for a period of one year from the

end of the voucher scheme

Provided that failure by eligible establishments to keep

proper records with regard to the redemption of vouchers shall

constitute a breach of these regulations.

Any person who contravenes any of the provisions of

these regulations shall be guilty of an offence and shall, on conviction

be liable to the same penalties established under article 18 of the Act.

For the purposes of article 19 of the Act, the penalty that

the authorised entity may demand in relation to any offence against the

provisions of the Act and any of these regulations shall be of five

hundred euro (€500).

(1)

In case of any eligible establishment who is in

breach of these regulations, it shall be lawful for the authorised entity

to suspend any payment due to the eligible establishment until

conclusion of special proceedings established by the Act.

(2)

In case of conviction, the court shall order the imposition

of a fine and, or that any payments obtained under these regulations are

to be returned to the authorised entity.