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Emergency Powers Act (Cap. 178) Consolidated

E M E R GE NCY POW ERS [CAP. 178. 1

CHAPTER 178

EMERGENCY POWERS ACT

To make provision for the security of Malta during periods of public emergency.

(2nd March, 1963)*

Enacted by ACT VIII of 1963, as amended by Legal Notice 46 of 1965 and Act LVIII of 1974.

1. This Act may be cited as the Emergency Powers Act.

Short title.

PART I

GENERAL

2. In this Act, unless the context otherwise requires -

"law " in cl udes an y A c t o r O r dinance and an y su bs id ia ry legislation made thereunder but does not include the Constitution of Malta;
"Malta" has the same meaning as is assigned to it by article 124 of the Constitution of Malta.

3. (1) If the President of Malta, acting in accordance with the advice of the Prime Minister, is satisfied that a public emergency exists, he may by Proclamation declare that the provisions of Part II of thi s Act shall com e i n to operati on, an d t h ereu pon th ose provisions shall come into operation accordingly; and they shall co ntinue in operation un til the President of Malt a, acting in acc ordance with the a dvice of th e Prime M inister, by a further Pr o c lam a t i o n di re cts th at th ey shall ce ase to ha ve ef fec t , whereupon they shall cease to have effect except as respects things previously done or omitted to be done.

(2) A Proclamation made under subarticle (1) may be made so as to apply only to such part or parts of Malta as may be specified in the Proclamation (in this subarticle called "the emergency area") in which case regulations made under the said Part II shall, except as otherwise expressly provided in such regulations, have effect only in the emergency area.
(3) Whenever a Proclamation is made under subarticle (1), the occa sion therefor shall be c o mmunica ted to the House of Representatives -
(a) in the case of a Proclamation made when the House of Representatives is in session, within a period of seven days, and

Interpretation.

Declaration of public emergency. Amended by:

L.N. 46 of 1965; LVIII. 1974.68.

*See Government Notice No. 76 of the 2nd of March, 1963.

2 CAP. 178.] EM ER GEN C Y P O WE RS
(b) in any other case, as soon as practicable.

PART II

Regulations. Amended by: L.N. 46 of 1965; LVIII. 1974.68.

REGULATIONS

4. (1) The President of Malta, acting in accordance with the advice of the Prime Minister, may, subject to the provisions of the Cons tituti on of Malt a, make such regulations as appear to him acting as aforesaid to be necessary or expedient for securing the public safety, the defence of Malta, the maintenance of public order a n d t h e su pp ressi on o f m u ti ny, re bel l i o n an d ri o t , and fo r main tain in g sup p l i es an d ser v i c es essen t i a l t o th e li fe o f th e community.

(2) Without prejudice to the generality of the powers conferred by subarticle (1) , the regulation s m ay, so far as app ears to the President of Malta acting as aforesaid to be necessary or expedient for any of the purposes mentioned in that subarticle -
(a) make provision for the detention of persons; (b) authorize -
(i) the taking of possession or control on behalf of the Government of any property or undertaking;
(ii) the acquisition on behalf of the Government of any property other than land;
(c) authorize the entering and search of any premises;
(d) provide for amending any law, for suspending the operation of any law, and for applying any law with or without modification;
(e) provide for charging, in respect of the grant or issue of any licence, permit, certificate or other document for the purposes of the regulations, such fee as may be prescribed by or under the regulations;
(f) provide for payment of compensation and remuneration to persons affected by the regulations;
(g) provide for the apprehension, trial and punishment of persons offending against the regulations;
(h) provide for maintaining such supplies and services as are, in the opinion of the President of Malta acting as aforesaid, essential to the life of the community:
Provided that nothing in this article shall authorize the making of provision for the trial of persons by military courts:
And provided further that nothing in this article shall be construed to authorize the making of any regulation -
(i) making provision for the deportation or exclusion of persons from Malta, and

E M E R GE NCY POW ERS [CAP. 178. 3

(ii) providing for the infliction of the punishment of death.
(3) The payment of any compensation or remuneration under t h e pro v ision s of such reg u latio ns shall b e a charge u pon the Consolidated Fund.

5. Regulations made under article 4 may provide for empowering such authorities or persons as may be specified in the regulations to make orders and rules for any of the purposes for which the regulations are authorized by this Act to be made, and may cont ain su ch in ciden t al an d sup p lem e ntary p r o v isio ns as appear to the President of Malta acting as aforesaid to be necessary or expedient for the purposes of the regulations.

6. (1) Every regulation made under article 4 and every order or rul e m a de in p u rsuan ce o f su ch a regulation shall, without prejudice to anything done or omitted to be done thereunder, cease to have effect at the expiration of a period of two months from the dat e u pon w h i c h it cam e i n t o op erat io n unl ess, b e fo re th e expiration of that period, it has been approved by resolution passed by the House of Representatives.

(2) Any such regulation, order or rule may, without prejudice to anything done or omitted to be done thereunder, at any time be amend e d or revok ed by resol u ti ons passed by the H o u s e o f Representatives.

Orders and rules under the regulations. Amended by: L.N. 46 of 1965; LVIII. 1974.68.

Regulations, orders and rules to be approved by the House of Representatives. Amended by:

L.N. 46 of 1965.

7. Every regulation made under article 4 and every order or rule made in pursuance of such a regulation shall have effect notwithstanding anything inconsistent therewith contained in any law; and any provision of a law which is inconsistent with any such regulation, order or rule shall, whether that provision has or has not been amended, modified or suspended in its operation under this Act, to the extent of such inconsistency have no effect so long as such regulation, order or rule remains in force.

8. Every document purporting to be an instrument made or issued by the President of Malta or other authority or person in pursuance of this Act, or of any regulation made under article 4, and to be signed by or on behalf of the President of Malta or such other authority or person, shall be received in evidence, and shall, until the contrary is proved, be deemed to be an instrument made or issued by the President of Malta or that authority or person.

Inconsistency.

Presumption of authenticity. Amended by: L.N. 46 of 1965; LVIII. 1974.68.