OPEN MARKETS COMMITTEE REGULATIONS

OPEN MARKETS COMMITTEE

SUBSIDIARY LEGISLATION 441.09

OPEN MARKETS COMMITTEE REGULATIONS

20th December, 2019

LEGAL NOTICE 347 of 2019.

The title of these regulations is the Open Markets

Committee Regulations.

In these regulations, unless the context otherwise

requires

"the Act" means the Trading Licences Act;

"Committee" means the Open Markets Committee

established under regulation 3.

(1)

There shall be established an Open Markets

Committee which shall be appointed by the Minister.

(2)

The Committee shall be composed of a Chairman, a

deputy chairman, a representative of the local Council’s Association, a

representative of the Malta Competition and Consumer Authority, a

representative of the Police Force, a representative of the

Environmental Health Directorate, a representative of the Government

Department responsible for Market Hawker’s Licences; a

representative of the Government Department responsible for Local

Councils and a member from any other entity which the Minister feels

has bearing on the co-ordination of local markets.

(3)

The Committee shall have a Secretary who shall be a

public officer designated to serve in such capacity by the Minister. The

Secretary shall be responsible for keeping proper records and minutes.

The Secretary shall not have a vote. The Secretary shall also carry out

such other duties as are assigned thereto by the Committee.

(1)

The members of the Committee shall hold office

for a term of three (3) years and on such terms and conditions as the

Minister may deem appropriate.

(2)

Members of the Committee shall be eligible for

reappointment on the expiration of their terms of office

Provided that no person shall serve as member of the

Committee for more than three consecutive terms.

(3)

In the event that a member of the Committee vacates his

office before prior to the expiration of his term of office, the person

appointed in his stead shall be appointed for the remaining period of

the original appointment.

OPEN MARKETS COMMITTEE

(1)

The meetings of the Committee shall be called by

the chairperson as necessary or at the request of at least two members

of the Committee.

(2)

The quorum for such meetings shall be constituted by the

chairperson and any other three members.

(3)

Decisions of the Committee shall be taken by a majority

of the members present at the meeting.

(4)

The Chairperson shall preside every meeting of the

Committee, or if there is no such chairperson, or if he shall not be

present within twenty (20) minutes from the time appointed for the

commencement of the meeting, or is unwilling to act, the deputy

chairperson shall preside the meeting and in his absence, another

member of the Board shall be appointed by the members present for

the meeting to preside the meeting.

(5)

Where advice is requested by the Committee, the

conclusions to the Minister shall reflect all the opinions of the

representatives as expressed in the Committee.

(6)

The Committee may act notwithstanding any vacancy as

long as a quorum is obtained.

(7)

The Committee shall keep minutes of all its meetings and

shall transmit, within two days, a copy of such minutes to the Minister.

(8)

The Committee shall otherwise regulate its own

procedure.

(1)

The

Committee

shall

have

the

following

functions:-

(a)

to advise the Minister responsible for Commerce

on all issues related to open markets and in particular on the

setting up of new markets, increasing or decreasing market size

or moving markets;

(b)

to conduct and commission ongoing studies on the

open markets sector and advise government on policy issues;

(c)

to monitor the work of the different enforcement

authorities, draw attentions to shortcomings and put forward

proposals for possible improvements; and

(d)

to receive and address complaints by different

stakeholders concerning the operations of open markets.

(2)

Without prejudice to the generality of the foregoing the

Committee may also:-

OPEN MARKETS COMMITTEE

(a)

conduct such consultations as may be required in

relation to open markets; and

(b)

perform such other functions as may from time to

time be assigned to it by the Minister.