Government Notices published in Govt. Gazette No. 20,582 of 18th March 2021

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

Act No. IX of 2021 entitled the Criminal Code (Amendment No. 3) Act, 2021;

Act No. X of 2021 entitled the Criminal Code (Amendment No. 4) Act, 2021; and

Act No. XI of 2021 entitled the Auditor General and National Audit Office (Amendment) Act, 2021.

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

Bill No. 201 entitled the Environment Protection (Amendment) Act, 2021;

Bill No. 202 entitled the Environment and Planning Review Tribunal (Amendment) Act, 2021; and

Bill No. 203 entitled the Controlled Leases Reform Act, 2021.

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 make appointments to public offices and to remove persons holding or acting in any such 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 16th September, 2015, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the said Commission, inter alia, the power to:

(i) make promotions following the attainment of a number of years of satisfactory service or the attainment of a particular qualification, where such promotions are provided for in an agreement governing a particular career stream in the Public Service, or in the call for applications under which the public officers in question have been appointed;

(ii) make assimilations of public officers from one grade to another grade in terms of the provisions of an agreement governing a particular career stream in the Public Service;

(iii) withhold salary increments of public officers or withhold the progression of public officers to a higher salary scale within the same grade/position or withhold promotion to a higher grade/position on the basis of a number of years' satisfactory service, in all three instances from the due date and where justified on account of poor performance, misconduct or other reasons;

(iv) postpone appointments for more than twelve weeks from the effective date thereof; and

(v) renew definite appointments, where such renewal is warranted.

AND WHEREAS the Public Service Commission has recommended that:

(a) The powers set out in sub-paragraphs (i) - (iii) herein should be delegated to Permanent Secretaries:

Provided that the power set out in sub-paragraph (iii) shall be exercised by the Permanent Secretary subject to the officer concerned being informed, in writing, of the Permanent Secretary's intention so to act and of the officer's right to appeal to the Public Service Commission, within ten (10) working days from the date when the officer is so informed:

Provided further that the withholding will not come into effect before the ten (10) working days and, if the officer appeals to the Public Service Commission, until the decision of the Commission is pronounced;

(b) The power set out in sub-paragraph (iv) herein should also be delegated to Permanent Secretaries, provided that, in those cases where the appointment is made following a selection process, the postponement is made to a date within the validity period of the selection board result and, in other cases, subject that the initial approval of the appointment was given in terms of article 110 of the Constitution;

(c) The power set out in sub-paragraph (v) herein should also be delegated to Permanent Secretaries, insofar as appointments in salary scale 6 and lower are concerned, as well as the power to extend such definite appointments, unless otherwise specified in a particular scheme, provided that any appointments so renewed or extended were initially made in terms of article 110 of the Constitution;

(d) The above delegation of powers should be subject to the proviso that the Commission reserves the right to make, at any time, a recommendation to the Prime Minister that this Instrument of Delegation be withdrawn or partially withdrawn or amended and that, 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; and

(e) All the preambles and all the remaining provisions of the Instrument of Delegation dated 16th September, 2015 should, after the coming into force of this Instrument, remain in force, except for those provisions which relate to powers which have been, or are being, delegated,

AND WHEREAS I agree with the said recommendations:

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 the powers set out in sub-paragraphs (a) - (c) herein, be delegated to Permanent Secretaries in accordance with and subject to the foregoing provisions of this Instrument, as recommended by the Public Service Commission.

THIS INSTRUMENT of delegation shall be in addition, and without prejudice, to other Instruments of Delegation which have been issued in terms of article 110 of the Constitution, except as provided in sub-paragraphs (a) - (c) hereof.

GIVEN under my hand at the

Auberge de Castille, Valletta

this 10th day of March, 2021

Appointment of Members of the Pjazza Teatru Rjal Board

IT is hereby notified for general information that the Minister for the National Heritage, the Arts and Local Government has approved the appointment of the members of the Pjazza Teatru Rjal Board as follows:

Chairperson

Mr Charles Gatt

Members

Ms Antoinette Falzon

Ms Bridgette Camilleri

Mr Frankie Cremona

Mr Francis Debono

Mr Joe Piscopo

Mr Lian Pace

Mr Ugo Buhagiar

Mr Jesmond Aquilina

Mr George Zahra

Ms Marika Pulis

Ms Josette Gatesy Lewis

Mr Gianluca Falzon

These appointments are valid for a period of three years up to 23rd March, 2023.

Appointment of Members of the National Festivities Committee

IT is hereby notified for general information that the Minister for the National Heritage, the Arts and Local Government has approved the appointment of the members of the National Festivities Committee as follows:

Chairperson

Mr George Zahra

Deputy Chairperson

Mr Francis Ripard

Members

Mr Emanuel Busuttil Dougall

Mr Peter Paul Ciantar

Mr Charles Coleiro

Mr Mario Coleiro

Mr Mario Degabriele

Mr Alfred Zammit

Mr Anton Aquilina

Ms Angela Psaila

Ms Odessa Green

These appointments are valid for a period of three years up to 23rd March, 2023.

It is hereby notified for general information that the Minister for the National Heritage, the Arts and Local Government has approved the appointment of the members of the Board of Warrants – Conservators and Restorers as follows:

Chairperson

Dr Joseph Buttigieg

Members

Arch Norbert Gatt

Mr Joseph Magro Conti

Mr Nathaniel Cutajar

Prof. Joanne Cassar

Ms Catherine Fenech

Secretary

Dr Kristina Camilleri Deguara

These appointments are valid for a period of three years up to 5th May, 2023.

  IT is notified that in exercise of such powers as provided by Article (3) of the Commissioners for Oaths Ordinance (Cap. 79) the Minister for Justice, Equality and Governance appointed as Commissioners for Oaths, in the performance of their duties and for as long as they remain in such office, the undermentioned:

Advocates

Bugeja, Dr Ann-Marie

Bugeja, Dr Victor

Camilleri, Dr Joseph

Deguara, Dr Susanna

Ertuğrul, Dr Şehrezat

Gatt, Dr Patrick

Mercieca, Dr Rebecca

Miruzzi, Dr Alexander Paul

Sladden, Dr Richard

Theuma, Dr Rachel

Advocate, Ministry for Energy, Enterprise and Sustainable Development

Attard Camilleri, Dr Frank Luke

Advocates, Malta Financial Services Authority

Borg, Dr Stephanie

Demicoli, Dr John

Friggieri, Dr Jessica

Public Registry (Gozo)

Attard, Dr Joseph - Director

Members of the Executive Police

Buckingham, Insp. Elton

Cuschieri, Insp. Doriette

Zammit, Insp. Timothy

By Authority

Edward Zammit Lewis

Minister for Justice, Equality and Governance

(MJEG 21/2020/1

MJEG 21/2020/3

MJEG 21/2020/5

MJEG 21/2020/9

MJEG 21/2020/12

MJEG 21/2020/13

MJEG 21/2020/15

MJEG 21/2020/III)

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 Henri Darmanin to be Notary delegate and keeper of the Acts for Notary Dr Tonio Cachia, for the period between the 31st January, 2021 and the 30th January, 2022.

Today, the 16th March, 2021.

Maruska Baldacchino

Deputy Registrar, Court of Revision of Notarial Acts

AND Children's Rights

A benefit for employed parents, with children under 16, who due to the impact

of covid-19, cannot go to work and on unpaid leave to take care of their children

The Minister for Social Justice and Solidarity, the Family and Children's Rights is introducing a scheme, with the aim of paying a benefit to parents employed in the private sector*, with children under 16 years of age, who are not able to work from home, and who due to the impact of COVID-19 and the closure of schools, between the 15th March and 11th April 2021 cannot go to work and are on unpaid leave, to take care of their children.

*Does not include employees working with private companies and who work or provide a service considered essential in a Government department or entity.

1) Definitions

In this scheme, unless the context requires otherwise:

“Minister" means the Minister responsible for Social Justice and Solidarity, the Family and Children's Rights;

“Director" means the Director General responsible for the Department of Social Security and/or the Income Support and Compliance Division as applicable;

“Act" means the Social Security Act (Chapter 318 of the Laws of Malta);

“Department" means the Department of Social Security;

“Division" means the Income Support and Compliance Division.

2) Who is eligible for this Scheme

A parent of children under 16, who is married, in a Civil Union or co-habitating in accordance with the Laws of Malta, where both members of the couple are in employment or a single parent of children under 16, who:

a. Is working full-time or part-time in the private sector; and

b. Cannot work from home; and

c. Is not attending work to take care of his/her children in any period between 15th March and 11th April 2021; and

d. Is on unpaid leave; and

e. His/her employer is not receiving the Wage Supplement on his/her behalf.

3) How to acquire the right for this scheme

The benefit is payable subject to the submission of an application through the website socialsecurity.gov.mt.

4) What does this scheme consist of

This scheme consists of the following:

a. A person who was in full-time employment and is eligible, is paid €166.15 on a weekly basis.

b. A person who was in part-time employment and is eligible, is paid €103.85 on a weekly basis.

c. The Social Security Contribution will be paid and contributory pension rights are safeguarded during the duration of the payment of this benefit;

d. The rate of Children's Allowance paid under Act shall be adjusted to take into consideration the new income earned and may increase accordingly;

e. Beneficiaries of the In Work Benefit paid by the Department will continue to receive it without deductions.

f. Beneficiaries of the Tapering of Benefits paid by the Division will continue to receive it without deductions

g. The payment is made to an eligible person by means of a direct credit in applicant's bank account on a weekly basis.

5) Provision of false information and non-compliance with the provisions of the Social Security Act (Cap. 318)

If a person:

a. Provides false information or fails to report to the Director any change in circumstances; or

b. Fails to comply with the provisions of the Social Security Act (Cap. 318) or with the provisions of this scheme, from the beneficiary and/or the employer, with the aim of one fraudalently obtaining or continuing to obtain this assistance, the provisions of Part X of the Act shall be applicable.

6) Duration of the Scheme

This scheme is applicable from 15th March to 11th April, 2021. However the Minister may extend this period if necessary by notification in the Government Gazette.

7) Amendments to the Scheme

The Minister may effect any necessary amendments to this scheme by publishing the said amendments in the Government Gazette.

Notice in terms of Articles 58 and 73

In terms of the proviso to Article 58(3) and Article 73(2) of the Value Added Tax Act, the Commissioner for Revenue is hereby notifying the person/s listed hereunder that a demand notice for payment of tax, penalties and interest as per Article 59 of Cap. 406 has been issued in their regard.

VAT NumberTax Payer

                                                Engineering

                                                Consultancy Ltd

                                                Performance Ltd

Unless payment is effected within 30 days from the date of this notice the Commissioner for Revenue will proceed to enforce payment in terms of law.

Copies of said notices may be collected from the Collection Section, CFR, Blk5, Floriana.

THE Commissioner of Police, in terms of articles 7 and 8 of the Private Guards and Community Officers Act 1996, hereby notifies that the following applications as mentioned hereunder have been received:

Application for licence of a Private Guard Agency

Name and SurnameIdentity Card No.Address

Application for licence of a Private Guard

Name and SurnameIdentity Card No.Address

Any person may, within one month from the publication of this notice, object in writing to the Commissioner about the issue of the above licences on any of the grounds listed in section 10 of the Private Guards and Local Wardens Act, which are:

(a) where the applicant or any officer of the applicant or any person who has an effective control of the services to be provided by the applicant.

(i) has been convicted in Malta or elsewhere of any crime against the safety of the state, or of any crime of voluntary harm or injury to any person or any crime against property or public trust or any other serious crime; or

(ii) has been declared bankrupt or his financial position is precarious or otherwise renders the applicant unsuitable; or

(iii) has been discharged from the Police or Armed Forces or the prison services because of any offence or other misbehaviour; or

(iv) is a public officer or a member of the police or armed forces or the prison services; or

(b) when information is available which is in the public interest; or

(c) where the applicant does not possess the necessary qualifications as may be prescribed by or under the Act.