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Maltese Laws |
AN ACT to provide for Administrative Justice in Malta.
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:
Justice Act, 2007.
(2) This Act shall come into force on such date as the Minister may, by notice in the Gazette appoint and different dates may be
so appointed for different provisions and different purposes of this Act.
(3) A notice under subarticle (2) may make such transitional provisions as appear to the Minister to be necessary or expedient in
connection with the provisions thereby brought into force.
Short title and commencement.
“administrative act” includes the issuing by the public administration of any order, licence, permit, warrant, authorisation, concession, decision or a refusal to any demand of a member of the
Interpretation.
A 236
public, but does not include any measure intended for internal organisation or administration within the said public administration;
“Administrative Review Tribunal” means the Administrative
Review Tribunal established by article 5(1);
“administrative tribunal” means a tribunal listed in the First
Schedule;
“the Minister” means the Minister responsible for justice; “principles of good administrative behaviour” means
the
principles of good administrative behaviour listed in Part II of this
Act;
“public administration” means the Government of Malta, including its Ministries and departments, local authorities and any body
corporate established by law;
“the Secretary” means the Secretary of the Administrative
Review Tribunal.
General provision applicable to administrative tribunals.
(2) The principles of good administrative behaviour include the following:-
(a) an administrative tribunal shall respect the parties’ right to a fair hearing, including the principles of natural justice,
namely:
(i) nemo judex in causa sua, and
(ii) audi et alteram partem;
(b) the time within which an administrative tribunal shall take its decision shall be reasonable in the light of the circumstances
of each case. The decision shall be delivered as soon as possible and for this purpose the tribunal shall deliver one decision about
all matters involved in the cause whether they are of a preliminary, procedural or of a substantive nature;
A 237
(c) an administrative tribunal shall ensure that there shall be procedural equality between the parties to the proceedings.
Each party shall be given an opportunity to present its case, whether in writing or orally or both, without being placed at a disadvantage;
(d) an administrative tribunal shall ensure that the public administration makes available the documents and information
relevant to the case and that the other party or parties to the proceedings have access to these documents and information;
(e) proceedings before an administrative tribunal shall be adversarial in nature. All evidence admitted by such a tribunal
shall, in principle, be made available to the parties with a view to adversarial argument;
(f) an administrative tribunal shall be in a position to examine all of the factual and legal issues relevant to the case presented
by the parties in terms of the applicable law;
(g) save as otherwise provided by law, the proceedings before an administrative tribunal shall be conducted in public;
(h) reasons shall be given for the judgment. An administrative tribunal shall indicate, with sufficient clarity, the grounds on
which it bases its decisions. Although it shall not be necessary for a tribunal to deal with every point raised in argument, a submission
that would, if accepted, be decisive for the outcome of the case, shall require a specific and express response.
(a) establish the date of entry into force of the provisions of this Part with regard to any administrative
tribunals referred to in the First Schedule that the Minister may by regulations specify;
(b) make such amendments, alterations, deletions, repeals, corrections, changes and modifications to any primary law or
subsidiary law for the purpose of bringing such primary law or subsidiary law in conformity with the provisions of this Part of this
Act and may from time to time update the list of administrative tribunals listed in the First Schedule.
Power of Minister to make regulations to implement provisions of this Part.
A 238
Administrative Review Tribunal.
Principles which shall guide the Administrative Review
Tribunal.
Review of administrative acts.
Constitution of the Administrative Review Tribunal.
(2) The Administrative Review Tribunal shall have jurisdiction to review administrative acts.
(2) The President of Malta, acting on the advice of the Prime Minister, may appoint more than one Chairperson to sit on the Administrative
Review Tribunal, but only one Chairperson shall sit in any one case.
(3) A Chairperson who is an ex-Judge or an ex-Magistrate shall be appointed for a term of four years and shall vacate his or her
office at the expiration of the term of the said appointment.
(4) A Chairperson shall be a person who holds, or has held, the office of a judge or of a magistrate in Malta.
(5) During the tenure of office, a Chairperson may not be removed except in the same manner and on the same grounds as a magistrate
may be removed.
(6) In the exercise of his or her function, a Chairperson shall not be subject to the direction or control of any other
person or authority.
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(7) Upon his or her appointment, a Chairperson shall take an oath to examine and decide the cases brought before him or her with
impartiality, fairness and according to law. The oath shall be taken before the Court of Appeal.
(8) The warrants or orders of the Administrative Review
Tribunal shall be signed by the Chairperson.
(9) The oath to the witnesses shall be administered by the Chairperson or by the Secretary of the Administrative Review
Tribunal or such other person as the Chairperson may by order in writing appoint.
(10) A Chairperson shall receive such remuneration as the President of Malta, acting on the advice of the Prime Minister, may
by order to be published in the Gazette from time to time prescribe. Such remuneration may not be altered to the disadvantage of
a Chairperson during his or her period of office.
(2) The President of Malta, acting on the advice of the Prime Minister, shall assign a Chairperson or such Chairpersons to sit in
the Administrative Review Tribunal or in a section or such number of sections of the Administrative Review Tribunal and may transfer
a Chairperson from one section of the Administrative Review Tribunal to another.
(3) The provisions of the Code of Organization and Civil Procedure regarding the abstention and challenge of magistrates shall apply
to the abstention and challenge of a Chairperson.
(4) When a Chairperson has been objected to or has abstained from sitting, or is otherwise unable to act, another Chairperson shall
be surrogated in his or her stead by the President.
(2) Such consultation shall take place in open court or in camera and the Administrative Review Tribunal shall not be bound to abide by the opinion of the assistants.
Sections of the Administrative Review Tribunal.
Cap. 12.
Panels of assistants.
A 240
(3) The two assistants shall be appointed by the President of Malta, acting on the advice of the Prime Minister from amongst persons
who, in the Prime Minister’s opinion, have previous experience and special qualifications in a particular field of expertise falling
within the competence of the Administrative Review Tribunal.
(4) The President of Malta, acting on the advice of the Prime Minister, may appoint panels of assistants depending on the subject
matter of the dispute and the Secretary shall select two assistants from each panel for each case.
(5) The President of Malta, acting on the advice of the Prime Minister may, from time to time, add to or vary such order to include,
remove, fuse together or change existing panels as the case may be.
(6) The President of Malta, acting on the advice of the Prime Minister, may at any time, appoint more than two persons on each panel
as assistants of the Administrative Review Tribunal, but only two such persons from each panel shall assist the said Tribunal in
any one case.
(7) The office of an assistant of the Administrative Review
Tribunal shall become vacant:
(a) at the expiration of four years from the date of appointment unless such appointment is renewed for a period or further periods
of four years; or
(b) following removal from office in the same manner and on the same grounds as a magistrate may be removed from office; or
(c) following a written request addressed to the Prime
Minister to that effect by such assistant.
(8) The assistants of the Administrative Review Tribunal may abstain or be challenged in the same manner and on the same grounds
as, according to law, a magistrate may abstain or be challenged. Any question regarding any cause of abstention or challenge shall
be decided by the Chairperson.
(9) In the exercise of his or her function, an assistant of the Administrative Review Tribunal shall not be subject to the direction
or control of any other person or authority other than the Chairperson of the Administrative Review Tribunal.
(10) Upon appointment, an assistant of the Administrative
Review Tribunal shall take an oath of office. The oath shall be taken
A 241
before the Chairperson.
(11) An assistant of the Administrative Review Tribunal shall receive such remuneration as the President of Malta, acting on the advice
of the Prime Minister, may by order to be published in the Gazette from time to time prescribe. Such remuneration may not be altered
to the disadvantage of an assistant during his or her period of office.
(2) The Minister shall, by notice in the Gazette, determine the buildings where the Administrative Review Tribunal shall sit in
Malta and in Gozo.
(3) Unless otherwise exempted by the Chairperson, assistants of the Administrative Review Tribunal shall attend for all sittings
of the said Tribunal.
(2) The records of the Administrative Review Tribunal shall be accessible to all persons, and copies thereof shall be given on payment
of the prescribed fee to any person on request.
(3) The records of the Administrative Review Tribunal shall be deposited and kept in such archives as may be designated by the Minister
by regulations made under this article.
(2) The duties of the Secretary shall be carried out in accordance with the provisions of the Code of Organization and Civil Procedure.
Sittings of the Administrative Appeals Tribunal.
Registry of the Administrative Review Tribunal.
Duties of
Secretary.
Cap. 12.
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Appearance before the Administrative Review Tribunal.
Procedure before the Administrative Review Tribunal.
Cap. 12.
(2) The parties may be assisted by an advocate, a legal procurator or by another person.
(2) Proceedings before the Administrative Review Tribunal shall be commenced by the filing of an application. The applicant
shall file an application in the Registry of the Administrative Review Tribunal. The said application shall contain:
(a) a clear and correct statement of the subject-matter and the cause of the claim;
(b) the claim or claims;
(c) a clear and detailed statement of the facts of the case of which the applicant may be aware;
(d) the name of witnesses the applicant intends to produce, including the subpoena of the other party, stating in respect
of them the proof the applicant intends to establish by their evidence; and
(e) the remedy being requested, with costs against the public administration.
(3) The application shall be served on the public administration not later than five working days from its date of filing.
The provisions of article 3 in so far as they concern the expeditiousness of proceedings shall be observed in so far as the reply
is concerned.
(4) The public administration shall file the reply within twenty days from the date of service of the application, unless it intends
to admit the claim.
(5) When the public administration intends to admit the claim, wholly and unconditionally, it shall file a note to that effect.
Once the applicant declares, by means of a note filed within twenty days from service of the public administration’s admission
of claim, that he is satisfied with the remedy granted by the public administration, the Tribunal shall abstain from taking further
cognizance of the case.
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(6) If the applicant is not satisfied with the remedy granted by the respondent, whether in full or in part, or if the public administration
intends to contest the claim wholly and unconditionally, the public administration shall file a reply containing:
(a) any such pleas as would be taken to be waived if not raised before the contestation of the suit;
(b) a clear and correct statement of the pleas on the merits of the claim or claims and referring to the provisions of the law
in terms of which the decision was taken;
(c) a clear and detailed statement of facts of the case of which the public administration is aware, denying, admitting or explaining
the circumstances of fact set out in the applicant’s application;
(d) the name of the witnesses which the applicant intends to produce, including the subpoena of the other party, stating
in respect of each of them the proof he/she intends to establish by their evidence;
(e) a request that the public administration be non- suited with costs against the applicant.
(7) Where the claim is contested, the Tribunal shall appoint the case for hearing.
(8) The Tribunal shall, subject to the provisions of this Act or any other applicable law regulating the Tribunal’s procedure,
regulate its own procedure.
(2) The Minister may also make regulations for the better functioning of the Administrative Review Tribunal and may, without prejudice
to the generality hereof, make regulations:
(a) setting out the procedure before the Administrative
Review Tribunal;
(b) setting out the procedure in appeals from the
Minister to make regulations to implement provisions of this Part.
A 244
decisions of the Administrative Review Tribunal;
(c) establishing the forms that are to be used in proceedings before the Administrative Review Tribunal;
(d) establishing the forms that are to be used in proceedings in appeals from the Administrative Review Tribunal;
(e) establishing rates of costs in proceedings before the
Administrative Review Tribunal;
(f) establishing the fees that may be due to the Registry of the Administrative Review Tribunal;
(g) establishing the fees that may be due to advocates, legal procurators and other persons representing or appearing before the
Administrative Review Tribunal;
(h) setting out the duties of Secretary in relation to the
Administrative Review Tribunal;
Cap. 12. (i) establishing which provisions of the Code of Organization and Civil Procedure, if any, not mentioned in this Act, are to apply to the procedure before the Administrative Review Tribunal;
Service of judicial acts. Cap. 12.
Benefit of legal aid.
Cap. 12.
Administrative expenses of the Administrative Review Tribunal.
(j) prescribing anything that may or is to be prescribed in accordance with this Part of this Act.
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(2) The enforcement of the decisions of the Administrative Review Tribunal in the manner provided for in the Code of Organization
and Civil Procedure, shall vest in the Administrative Review Tribunal itself.
(3) The Administrative Review Tribunal may, through its Chairperson, summon any person to appear before it and give evidence
and produce documents, and the Chairperson shall have the power to administer the oath.
Powers of the Administrative Review Tribunal.
Cap. 12
Cap. 12.
Minister to make regulations to implement provisions of this Part of this Act.
(2) The Court of Appeal competent to hear and determine an appeal from a decision of the Administrative Appeals Tribunal shall be
that established in the Second Schedule:
Provided that the Minister may make regulations to implement and to give better effect to these provisions of this Part of this Act
and may, without prejudice to the generality of the foregoing, make such amendments, alterations, deletions, repeals, corrections,
changes and modifications to the Second Schedule and to any primary law or subsidiary law for the purpose of bringing such Schedule
or primary or subsidiary law in conformity with the provisions of this Part of this Act and may from time to time add any other reference
to legislation to the Second Schedule which is not mentioned in the said Second Schedule.
(3) Such appeal shall be brought before the Court of Appeal by means of an application filed in the Registry of that court within
Right of appeal.
A 246
twenty days from the day on which the decision of the court was delivered.
(4) The said application of appeal shall be accompanied together with the payment of an all inclusive Registry appeal fee
as may be prescribed by the Minister responsible for justice in consultation with the Minister responsible for finance. Such fee
shall cover all Registry fees, including those taxed by the Registrar, Civil Courts and Tribunals, when final judgement is read out
in open court.
Cap. 12.
Powers of the Court of Appeal.
(5) When there are two parties, the appeal shall be lodged in duplicate by means of an application. Where there are more than two
parties to an appeal before the Administrative Review Tribunal, the application of appeal shall be lodged in such number of copies
as there are parties to that appeal.
(6) The application of appeal shall be filed in the competent
Registry in terms of the Code of Organization and Civil Procedure.
(7) The Registrar, Civil Courts and Tribunals, shall, on receipt of the application of appeal, serve a copy of the said application
of appeal on the other party or parties.
(8) The respondent or respondents shall file their reply to the appeal within twenty days of service of the appeal. Such replies
shall be accompanied together with the payment of an all inclusive Registry fee as may be prescribed by the Minister responsible
for justice in consultation with the Minister responsible for finance. Such fee shall cover all Registry fees, including those
taxed by the Registrar, Civil Courts and Tribunals, when final judgement is read out in open court.
(9) When an appeal is lodged to the Court of Appeal as aforesaid, that appeal and the reply or replies thereto shall be
referred by the Registrar, Civil Courts and Tribunals, to the Court of Appeal.
Cap. 12. (2) The provisions regulating the Court of Appeal in the Code of Organization and Civil Procedure shall apply to the Court of Appeal when hearing appeals from decisions of the Administrative Appeals Tribunal.
(3) Subject to the foregoing provisions and of any applicable law, the Court of Appeal shall regulate its own procedure.
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(2) Nothing in subarticle (1) shall invalidate any procedure whether written or oral which may have been made before the coming
into force of this Act and which was valid according to the law in force on the date when made.
(3) The Administrative Review Tribunal shall draw up and deliver such decrees which might be necessary to regulate those undecided
proceedings which hitherto were pending before the persons, bodies and administrative tribunals mentioned in subarticle (1) prior
to the date of entry into force of this article and which have on the date of the entry into force of this article been assigned
to the Administrative Review Tribunal so that the latter may bring these proceedings in line with the provisions of Part III of this
Act:
Provided that, notwithstanding the provisions of this article, proceedings pending before the persons, bodies and administrative
tribunals mentioned in subarticle (1) which have been put off for judgment or for final oral or written submissions on the date of
the entry into force of this article, shall continue to be heard and decided by those persons, bodies and administrative tribunals
and not by the Administrative Review Tribunal.
(4) Without prejudice to the generality of subarticle (1), one or more of the Chairpersons ordinarily sitting in the Administrative
Review Tribunal or in a section or sections thereof, shall take cognizance of all proceedings pending before the persons, bodies
or administrative tribunals mentioned in that subarticle which are re- assigned to the Administrative Review Tribunal. The Secretary
of the Administrative Review Tribunal shall ensure that all pending proceedings lodged from decisions of the public administration
hitherto being heard by any person, body or administrative tribunal mentioned in subarticle (1) are referred to the section of the
Administrative Review Tribunal which would be taking cognizance
Saving and transitory provision. Cap.
12.
A 248
Cap. 12. Amendment of
laws in the
Third Schedule.
of the said proceedings.
(5) Appeals lodged to the Court of Appeal from any decision of any person, body or administrative tribunal prior to the entry into
force of article 25 shall continue to be heard by the said Court until they are so determined, and the provisions of
the Code of Organization and Civil Procedure shall continue to apply thereto.
(2) The Administrative Review Tribunal shall, on the entry into force of this article, henceforth have jurisdiction in lieu of the
persons, bodies and administrative tribunals mentioned in the laws listed in the Third Schedule prior to the entry into force of
this article.
(3) The laws specified in the First Column of the Third Schedule shall have effect subject to the amendments specified
in the Second Column thereof and the provisions of article 1(2) and (3) shall apply thereto.
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FIRST SCHEDULE [Article 4]
List of Administrative Tribunals Respecting the Principle of Good Administrative
Behaviour
Part A – Primary Legislation
3 Marriage Legacies Act 3 Commission
45 Lepers Ordinance 2(8) Board
69 Reletting of Urban Property
(Regulation) Ordinance
16 Rent Regulation Board
81 Utilities & Services (Regulation of certain works) Act
4 Refers to the Communications Appeal Board established by the Malta Communications Authority Act
85 Agricultural Produce (Export) Ordinance
18 Board of Reference (set up under subsidiary legislation SL 85.01 regulation 27)
88 Land Acquisition Public purposes
Ordinance
23 Land Arbitration Board
94 Department of Health
(Constitution) Ordinance
44 General Services Board
110 Developed Land Valuations
Ordinance
9 Board of Special Commissioners for Land Valuation
117 Supplies & Services Act 3(1) (e) Boards or Tribunals set up under subsidiary legislation to take cognisance of offences
125 Housing Act 8(6) and
12(1)
Refers to Rent Regulation
Board
164 Police Act 48 Police Board
171 Port Workers Ordinance 10 Ports Disputes Board
179 Enemy Properties Act 4 Board of Custodians
199 Agriculture Leases (Reletting) Act
5 Rural Leases Control Board
A 250
204 Central Bank of Malta Act 36A Financial Services Tribunal
210 Disabled Persons Employment
Act
13 Appeal to the ‘authority’ set up under subsidiary legislation.
214 Public Transport (Regulation of
Employment) Act
3 Public Transport Labour Board established by article 30 of the Malta Transport Authority Act
217 Immigration Act 25A Immigration Appeals Board
218 Civil Aviation (Air Operators
Certificate) Act
9 Aviations Safety Board
254 Post Office Act 28 Communications Appeals
Board
262 | Mental Health Act | 38 | Mental Tribunal | Health | Review |
288 | Building (Price Control) Act | 9 | Building Tribunal | Price | Control |
291 Commissioners for Justice Act 3 Commissioners for Justice
308 Partition of Inheritances Act 4 Partition of Inheritances
Tribunal
318 Social Security Act 107 Umpire
325 Business Promotion Act 28 Appeals Board
327 Education Act 42 Scholastic Tribunal
330 Malta Financial Services
Authority Act
21 Financial Services Tribunal
331 Trusts and Trustees Act 55 Financial Services Tribunal
332 Malta Transport Authority Act 30 Public Transport Labour Board
334 Malta Freeports Act 29(2) Appeals Board constituted under article 28 of the Business Promotion Act
337 Import Duties Act 9 Customs Valuations Appeals
Board
343 Employment & Training Services
Act
3 National Employment
Authority
345 Financial Markets Act 42 Financial Services Tribunal
A 251
356 Development Planning Act 15 Planning Appeals Board
364 Duty on Documents & Transfers
Act
57 Board of Special Commissioners for Duty on Documents & Transfers
370 Investment Services Act 19 Financial Services Tribunal
371 Banking Act 10 Financial Services Tribunal
372 Income Tax Management Act 34 Board of Special Commissioners for income tax purposes
376 Financial Institutions Act 21 Financial Services Tribunal
378 Consumer Affairs Act 16 Consumer Claims Tribunal
379 Competition Act 4 Commission for Fair Trading
380 Small Claims Tribunal Act 3 Small Claims Tribunal
383 Controlled Companies
(Procedures for Liquidations) Act
7 Appeals Board
395 Customs and Excise Tax Act 47 Excise Tax Tribunal
399 Telecommunications Regulations
Act
16 Communications Appeals
Board
403 Insurance Business Act 35 Financial Services Tribunal
406 Value Added Tax Act 43 Value Added Tax Appeals
Board
409 Malta Travel & Tourism Services
Act
13 Tourism Appeals Board
420 Refugees Act 5 Refugees Appeals Board
423 Malta Resources Authority Act 32 Resources Appeals Board
424 Occupational Health & Safety
Authority Act
21 Occupational Health and
Safety Appeals Board
435 Environment Protection Act 16 Appeal to the Planning
Appeals Board est. under Cap.
356
436 Wine Act 4 Appeals Board
440 Data Protection Act 48 Data Protection Appeals
Tribunal
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441 Trading Licences Act 8 Licensing Appeals Board
442 Cooperatives Board 3 Cooperatives Board
447 Producer Organisations Act 18 Producer Organisations
Appeals Board
450 Special Funds (Regulation) Act 54 Financial Services Tribunal
451 Mutual Recognition of
Qualifications Act
7 Mutual Recognition of
Qualifications Appeals Board
452 Employment & Industrial
Relations Act
73 Industrial Tribunal
455 The Sports Act 47 Sports Appeals Board
458 Medicines Act 21 Appeal to the Medicines Review Board from findings of the Medicines Authority
473 Eco Contributions Act 26 Eco Contributions Appeals
Board
476 Prevention of Financial Markets
Abuse Act
23 Financial Services Tribunal
484 Securitisation Act 19(14) Financial Services Tribunal
487 Insurance Intermediaries Act 2 Financial Services Tribunal
A 253
Part B – Subsidiary Legislation
GN 430 of 28
September 1937
Cinema and Stage Regulations 42 Board of Film and
Stage Censors
SL 33.04 Civil Explosives Regulations Second Schedule, paragraph 5
of 1. Module B
This regulation states that provision must be made for an appeal
SL 85.01 Potato Export Regulations 27 Board of Reference
SL 128.02 Licences Procedures
Regulations
6 Police Licences
Appeals Tribunal
SL 174.02 Public Service (Procurement) Regulations
15 Public Contracts
Appeals Board
SL 174.04 Public Contracts Regulations 33 Public Contracts
Appeals Board
SL 254.12 Postal Services Appeals Board (Rules of Procedures) Regulations
--- Postal Services
Appeals Board
SL.260.03 Prison Regulations 79 Appeals Tribunal
SL 291.04 Petitions (Local Tribunals) Regulations
3 Petitions Board
SL 327.85 Assessment Test Regulations 6 University
Disciplinary Board
SL 332.09 Erection of Billboards on the
Road Regulations
9(7) Ad hoc Appeals Board until the Appeals Board is constituted
SL 458.23 Licensing of Private Medical
Clinics Regulations
5(2) Tribunal
SL 458.25 Licensing of Private Medical Diagnostic Laboratories Regulations
5(2) Tribunal appointed under regulation 5(2) of the Licensing of Private Medical Clinics Regulations (SL 458.23)
A 254
Spirits Ordinance Cap 41 Inferior Competence
Lepers Ordinance Cap. 45 Inferior Competence
Agricultural Produce (Export) Ordinance
Cap. 85 Inferior Competence
Supplies and Services Act Cap. 117 Inferior Competence Enemy Property Act Cap. 179 Inferior Competence Wine Act Cap. 436 Inferior Competence Animal Welfare Act Cap. 439 Inferior Competence Co-operatives Societies Act Cap. 442 Inferior Competence
Civil Explosives Regulations SL 33.04 Inferior Competence
Importation of Dogs and Cats
Regulations
SL 36.42 Inferior Competence
Motor Vehicles (Carriage of
Goods By Road) Regulations
SL 65.19 Inferior Competence
National Malta Library
Regulations
SL 92.03 Inferior Competence
Malta Public Regulations SL 92.06 Inferior Competence
Control of the Sale of Egg
Regulations
SL 117.17 Inferior Competence
Control of the Kerosene
Regulations
SL 117.18 Inferior Competence
Airport (Groundhandling
Services Regulations
SL 232.15 Inferior Competence
A 255
Spirits Ordinance, Cap. 41.
Article 6 of the Spirits Ordinance, Cap. 41, shall be substituted by the following:
“Refusal to issue licence.
(2) Any person aggrieved by such refusal may, within fourteen days after receiving the said statement, appeal therefrom to the Administrative Review Tribunal established in terms of article 29 of the Administrative Justice Act, 2006 and the provision of this Act shall apply to such an appeal.”
Lepers Ordinance (Cap. 45) Article 2(8) of the Lepers Ordinance, Cap. 45, shall be substituted by the following:
“(8) For the purposes of the preceding provisions of this section the decision whether a person is a leper shall rest with the Administrative Review Tribunal established in terms of article 29 of the Administrative Justice Act, 2006 and the provisions of this Act shall apply to such an appeal.”
A 256
Agricultural Produce (Export) Ordinance, Cap. 85.
Article 18 of the Agricultural Produce (Export) Ordinance, Cap. 85, shall be substituted by the following:
“Appeal from decision of inspector.
(2) The exporter may be present at any examination of his produce by an inspector.”
Supplies and Services Act, Cap. 117.
Article 3(e) of the Supplies and Services Act, Cap. 117, shall be substituted by the following: “(e) for empowering the Administrative Review Tribunal established in terms of article 29 of the Administrative Justice Act, 2006 for the purpose of taking cognizance of offences under all or any specified regulations made under this Act, for prescribing the procedure to be followed by the said Tribunal, for establishing the jurisdiction thereof; and for providing, where necessary, for applying the provisions of the Administrative Justice Act 2006 to appeals from the decisions of such Tribunal;”
A 257
Enemy Property Act, Cap. 179. Subarticles (3) and (4) of article 4 of the Enemy Property Act, Cap. 179, shall be substituted by the following:
“(3) The decision of the Board shall be served on the claimant by a judicial act, and may be appealed by application before the Administrative Review Tribunal established in terms of article 29 of the Administrative Justice Act, 2006 and the provision of this Act shall apply to such an appeal.
(4) Where the Board or the Administrative Review Tribunal or the Court of Appeal, as the case may be, decide in favour of the claimant the Custodian shall be entitled to deliver the property to the claimant after deducting therefrom the fees and expenses incurred by the Custodian in the administration of the property and its handing over.”
Wine Act, Cap. 436. Article 4 of the Wine Act, Cap. 436, shall be substituted by the following:
“Appeal to Appeals Board.
A 258
Animal Welfare Act, Cap. 439.
Article 49 of the Animal Welfare Act, Cap.
439, shall be substituted by the following: “Revision of Director’s decisions.
(2) Such appeal shall lie to the Administrative Review Tribunal established in terms of article 29 of the Administrative Justice Act,
2006 and the provision of this Act shall apply to such an appeal.
(3) The Administrative Review Tribunal shall, as soon as it receives the appeal in accordance with subarticle (1), send the said appeal to the Director so that, within two days, the Director may reply in writing thereto, wherein he shall indicate the reasons why the appeal should be quashed; however the Director may, where it appears to him that the appeal is justified, change his decision in accordance with the appeal and inform the Tribunal, within the period given to him for his reply.
(4) When the Tribunal receives the Director’s reply, or the time given for the reply shall have elapsed without the receipt, the Tribunal shall hear the appeal and in doing so it shall be composed of the Chairperson of the Tribunal and those members of the Council appointed under article 4(1)(c), (d) and (e) and one of the members appointed in terms of article 4(1)(f).
A 259
(5) The Tribunal shall, within five days of the receipt of the appeal, study the case and hear any person whom it shall deem appropriate, including both parties.
(6) After the Tribunal decides the appeal it shall give an order in writing to the Director according to its decision; a copy of the Tribunal’s decision shall also be sent to the appellant.”
Co-operative Societies Act, Cap. 442.
Article 17(v) of the Co-operative Societies Act, Cap., 442, shall be substituted by the following: “(v) such regulations may also prescribe any right of appeal from decisions of the Board to impose an administrative sanction to the Administrative Review Tribunal established in terms of article 29 of the Administrative Justice Act, 2006 and the provision of this Act shall apply to such an appeal.”
Civil Explosives Regulations, SL 33.04.
The words “Provision must be made for an appeals procedure” in paragraph 5 of the Second Schedule of the Civil Explosives Regulations, SL 33.04, shall be substituted by the words “An appeal shall lie from the decision of the notified body to the Administrative Review Tribunal established in terms of article 29 of the Administrative Justice Act, 2006 and the provision of this Act shall apply to such an appeal.”
Importation of Dogs and Cats Regulations, SL 36.42.
Regulation 9(5) of the Importation of Dogs and Cats Regulations, SL 36.42, shall be substituted by the following:
“(5) The Director reserves the right to increase the period of quarantine referred to in sub-regulations (1) and (2) of this regulation for any animal:
Provided that in such cases the importer may appeal from such decision to the Administrative Review Tribunal established in terms of article 29 of the Administrative Justice Act, 2006 and the provision of this Act shall apply to such an appeal.”
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Motor Vehicles (Carriage Of Goods By Road) Regulations,
SL 65.19.
The Motor Vehicles (Carriage Of Goods By Road) Regulations, SL 65.19, shall be amended as follows:-
(a) regulation 12(d) thereof substituted by the following:
“(d) In the event of serious infringements of these regulations, the Authority may suspend the authorisation. Such suspension shall be imposed having regard to the seriousness of the infringement and shall be subject to appeal the Administrative Review Tribunal established in terms of article 29 of the Administrative Justice Act, 2006 and the provision of this Act shall apply to such an appeal.”; and
(b) regulation 37 thereof shall be substituted by the following:
“Appeals.
2006 and the provision of this Act shall apply to such an appeal.”
National Malta Library Regulations, SL 92.03.
Regulation 6 of the National Malta Library Regulations, shall be substituted by the following:
“Refusal to issue books by the Librarian.
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Malta Public Library Regulations, SL 92.06.
Regulation 39 of the Malta Public Library Regulations SL 92.06, shall be substituted by the following:
“Appeal.
Control of the Sale of Egg Regulations, SL 117.17.
Regulation 4(3) of the Control of the Sale of Egg Regulations, SL 117.17, shall be substituted by the following:
Control of the Kerosene Regulations, SL 117.18.
Regulation 5(3) of the Control of the Kerosene Regulations, SL 117.18, shall be substituted by the following:
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Airport (Groundhandling Services) Regulations,
SL 232.15.
The Airport (Groundhandling Services) Regulations, SL 232.15, shall be amended as follows:
(a) The definition of the expression “Board” in Regulation 2 shall be deleted and the following expression shall be added before the definition of the expression “airport”:
“Administrative Review Tribunal” means the Administrative Review Tribunal established in terms of article 29 of the Administrative Justice Act, 2006 and the provision of this Act shall apply to such an appeal;”
(b) regulation 16 thereof shall be substituted by the following:
“Appeals.
(2) The right to appeal shall be competent to any person aggrieved by the decision or authorisation.”.
(c) regulation 17 thereof shall be substituted by the following:
“Grounds of appeal.
(a) that a material error as to the facts has been made;
(b) that there was a material procedural error; (c) that an error of law has been made;
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(d) that there was some material illegality, including unreasonableness or lack of proportionality.
(2) The Administrative Review Tribunal shall give reasons for its decision and shall cause such decisions to be made public omitting, if it deems it appropriate for reasons of commercial or security confidentiality, the names of the persons involved and any other information.
(3) In determining an appeal under this regulation the Administrative Review Tribunal may -
(a) dismiss the appeal; or
(b) annul the decision or authorisation, and where the said Tribunal annuls the decision or authorisation it may refer the matter to the managing body of the airport or the Director, as the case may be, with a direction to reconsider it and reach a decision or authorisation consistent with the findings of the Tribunal.
(4) The effect of a decision or authorisation to which an appeal relates shall not, except where the Tribunal or the Court of Appeal, as the case may be, so orders, be suspended in consequence of the bringing of the appeal.”.
(d) regulation 18 thereof the shall be substituted by the following:
“Powers and procedure of the Administrative
Review Tribunal
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(2) For the exercise of its functions, the Tribunal may summon any person to appear before it and give evidence and produce documents; and the Chairperson shall have the power to administer the oath.”
(e) regulation 19 thereof shall be substituted by the following:
“Appeal to the Court of Appeal.
Passed by the House of Representatives at Sitting No. 514 of the 17th April,
2007.
ANTON TABONE
Speaker
RICHARD J. CAUCHI
Clerk to the House of Representatives
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