Government Notices published in Govt. Gazette no. 20,351 of 21 February 2020

Delegation of Certain Powers Respecting the Public Service

BY the Honourable Dr Robert Abela, KUOM, BA, LLD, Adv., Trib., Melit., MP, Prime Minister.

WHEREAS article 110 of the Constitution of Malta provides that power to remove and to exercise disciplinary control over persons holding or acting in public offices shall vest in the Prime Minister, acting on the recommendation of the Public Service Commission;

AND WHEREAS it is further provided in the same article that the Prime Minister, acting on the recommendation of the Public Service Commission, may delegate in writing any of the aforementioned powers to such public officer or other authority as may be specified in the Instrument of Delegation;

AND WHEREAS by Instrument of Delegation dated 25th March, 1966, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the Commissioner of Police certain powers of disciplinary control over persons holding or acting in any office on the Malta Police Force;

AND WHEREAS by Instrument of Delegation dated 17th December, 1996, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the Director, Correctional Services, certain powers of disciplinary control over persons holding or acting in any of the Correctional Services grades other than that of Director, Correctional Services;

AND WHEREAS by Instrument of Delegation dated 1st November, 1999, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated power to exercise disciplinary control in accordance with the Public Service Commission (Disciplinary Procedure) Regulations, 1999, to the public officers and other authorities listed in the Schedule to the said Instrument, and to the extent indicated therein;

AND WHEREAS by Instrument of Delegation dated 21st December, 2004, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the Chief Executive Officer of Heritage Malta power to exercise disciplinary control in accordance with the Public Service Commission (Disciplinary Procedure) Regulations, 1999, over public officers detailed to perform duties with Heritage Malta;

AND WHEREAS by Instrument of Delegation dated 18th June 2014, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated power to exercise disciplinary control in accordance with the Public Service Commission (Disciplinary Procedure) Regulations, 1999, to the public officers and other authorities listed in the Schedule to the said Instrument, and to the extent indicated therein;

AND WHEREAS the Public Service Commission has recommended that the aforementioned Instruments of Delegation should be replaced by the delegation of powers set out hereunder; 

AND WHEREAS the Public Service Commission has recommended that power to exercise disciplinary control over public officers, in accordance with the provisions of the Public Service Commission Disciplinary Regulations (S.L.Const.03), should be exercisable without reference to the Commission by the public officers and other authorities listed in the Schedule to this Instrument, to the extent listed in the said Schedule and subject to any special provisions set out therein, provided that:

(i) the Public Service Commission may at any time recommend to the Prime Minister that this Instrument of Delegation be totally withdrawn or withdrawn in respect of particular public officers or other authorities; and

(ii) upon such a recommendation being made, and until the Prime Minister acts upon such a recommendation, the powers delegated by this Instrument shall be suspended totally or only in respect of particular public officers or authorities, as may be stipulated in the recommendation made by the Public Service Commission;

AND WHEREAS I agree with the said recommendation:

NOW, THEREFORE, I, ROBERT ABELA, KUOM, BA, LLD, Adv., Trib., Melit., MP, Prime Minister, in exercise of the powers conferred by article 110 of the Constitution, do hereby direct that as from the date hereof, the powers which the Public Service Commission has recommended should be exercisable by the public officers and other authorities listed in the Schedule to this Instrument shall be so exercisable by the said public officers and other authorities, to the extent listed in the said Schedule and subject to any special provisions set out therein, and in accordance with the provisions of the Disciplinary Procedure in the Public Service Commission Disciplinary Regulations.

GIVEN under my hand at the

Auberge de Castille, Valletta

this 28th day of February, 2020

Order Establishing Panels of the Tribunal(Cap. 551)

By virtue of the powers conferred by article 4(1) Environment and Planning Tribunal Act, Chapter 551 of the Laws of Malta, the Prime Minister has made the following Order to establish panels of the Environment and Planning Review Tribunal.

1. A panel, which shall be known as “Panel E" of the Tribunal, is being established by this order, which panel shall be assigned with the following categories of cases:

Panel E of the Tribunal shall hear and determine:

(i) all appeals made by any person aggrieved by a notice issued under the provisions of Part IX of the Development Planning Act, as per article 11(1)(c)(i) of the Environment and Planning Tribunal Act;

(ii) all appeals made by any person who feels aggrieved by an order served on him in accordance with article 76 of the Environment Protection Act, as per article 48 of the Environment and Planning Tribunal Act;

(iii) all petitions lodged before the Tribunal in terms of regulation 5 of subsidiary legislation 552.24.

All appeals and petitions falling under the above categories of cases which on the date, or prior to the date of this order have been lodged and are currently pending before the Tribunal shall now be heard and determined by Panel E of the Tribunal, together with all other new petitions and appeals, falling under the said categories of cases, filed on or after the date of this order.

2. Those categories of cases which do not fall under the categories of cases assigned to Panel E of the Tribunal shall now be heard and determined by another panel of the Tribunal established by this order known as “Panel P" of the Tribunal.

Those appeals falling under the above categories of cases, that is the categories of cases mentioned in the Environment and Planning Tribunal Act other than those assigned to panel E, which on the date, or prior to the date of this order have been lodged and are currently pending before the Tribunal shall now be heard and determined by Panel P of the Tribunal, together with all other new appeals, falling under the said categories of cases, filed on or after the date of this order.

3. The panels of supplementary members of the Tribunal, which shall now be known as “Panel/s S", shall remain as currently composed and continue to exercise the same functions.

The persons appointed on the Tribunal are being assigned to the established Panels as follows:

Panel P:

Chairperson

Dr Joseph Borg

Members

Dr Abigail Bugeja

Perit Robert Sarsero

Panel E:

Chairperson:

Dr Simon Micallef Stafrace

Members:

Dr Ramona Attard

Perit Ludovico Micallef

Supplementary Members:

Dr Carlos Bugeja

Perit Roderick Spiteri

Perit Alessandra Fiott

Dr Andy Ellul

IT is notified for general information that the following Acts are published in the Supplement to this Gazette:

Act No. III of 2020 entitled the Criminal Code (Amendment) Act, 2020; and

Act No. IV of 2020 entitled the Dangerous Drugs Ordinance (Amendment) Act, 2020.

IT is notified for general information that the following Bills are published in the Supplement to this Gazette:

Bill No. 116 entitled the Malta Crafts Act, 2020; and

Bill No. 117 entitled the Criminal Code (Amendment No. 2) Act, 2020.

IT is notified for general information that the Minister for the Environment, Climate Change and Planning has approved the appointment of the following persons to serve on the Board of Directors of Wasteserv (Malta) Ltd for a period of one year effective from the 27th February, 2020.

Chairperson

Prof. Frank Bezzina

Members

Mr Colin Borg

Mr Carlos Bugeja

Ms Maria Brown

Ms Dorita Maniscalco

Ms Kirsten Ancilleri

Mr Joseph Theuma

Secretary

Mr Tonio Montesin

THE Permanent Secretary in the Ministry for Health has approved the following acting appointment:

Planning Commission

IN terms of Article 65 (2) of the Development Planning Act, the Minister for the Environment, Climate Change and Planning has confirmed the appointment of the following persons to serve on the Planning Commission at the Planning Authority:

Chairpersons

Mr Martin Camilleri

Mr Simon Saliba

Ms Elizabeth Ellul

Members

Mr Frank Ivan Caruana Catania

Mr Anthony Borg

Mr Anthony Camilleri

Mr Claude Mallia

Ms Stephania Baldacchino

Supplementary Members

Mr Carmel Caruana

Ms Mireille Fsadni

Mr Charles F. Grech

These appointments will remain effective until the 1st January, 2023, as per provisions of Article 65 (3) of the same Act.

IN terms of Article 65 (2) of the Development Planning Act, the Minister for the Environment, Climate Change and Planning has also approved the appointment of Mr Pierre Hili to serve as member on the Planning Commission at the Planning Authority. This appointment is effective from 1st March, 2020, for a period of four years, as per provisions of Article 65 (3) of the same Act.

IN terms of Article 65 (1), the Minister prescribes that the divisions within the Planning Commission should be as follows, with effect from the same date stated above:

I. Outside Development Zone and Urban Conservation Areas

II. Within Development Scheme

III. Regularisation Scheme

Appointment of Notary Delegate/Keeper

IT is hereby notified that in exercise of the powers conferred by Section 20 of the Notarial Profession and Notarial Archives Act, the Court of Revision of Notarial Acts has appointed Notary Dr Marco Burlò to be Notary delegate and keeper of the Acts for Notary Dr Christina Marie Grima Tabone, for the period between the 9th March, 2020, and the 13th March, 2020.

Today, the 24th February, 2020

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

Appointment of Notary Delegate/Keeper

IT is hereby notified that in exercise of the powers conferred by Section 20 of the Notarial Profession and Notarial Archives Act, the Court of Revision of Notarial Acts has appointed Notary Dr Graziella Agius Farrugia to be Notary keeper of the Acts for Notary Dr Francesca Portelli for the period between the 9th March, 2020, and the 2nd April, 2020.

Today, the 24th February, 2020

MARUSKA BALDACCHINO

Deputy Registrar, Court of Revision of Notarial Acts

Notice in terms of Article 61(1)

In Terms of the proviso to article 61(1) of the Duty on Documents and Transfers Act, the Commissioner for Revenue hereby notifies the persons listed hereunder to call at the Capital Transfer Duty Department, 46, Triq il-Merkanti, Valletta, to collect the notices made on such persons.

THE Commissioner of Inland Revenue notifies that, on the date shown hereunder, the price of gold and silver on which valuations made by the Consul for Goldsmiths and Silversmiths are based has been fixed for the purposes of article 14 of the said Act as follows: