Government Notices published in Government Gazette No. 21,006 of 14th February 2023

IT is notified for general information that the Hon. Robert Abela, KUOM, BA, LLD, Adv. Trib. Melit., MP, resumed duties as Prime Minister on Saturday, 11th February, 2023, and that the arrangements made by Government Notice No. 171 of the 7th February, 2023, ceased to have effect accordingly.

Appointment of Arbiter on the Consumer Claims Tribunal

IN exercise of the powers conferred by Sub-article 2 of Article 17 of the Consumer Affairs Act, the Prime Minister has approved the appointment of Dr Richard Sladden as arbiter on the Consumer Claims Tribunal. This appointment is for a period of three years with effect from the 23rd January, 2023.

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 21,003 of 7th February, 2023 (Legal Notices 23 to 29) and No. 21,005 of 9th February, 2023 (Legal Notices 30 to 34) respectively.

L.N. 23 of 2023: Traffic Regulation Ordinance (Cap. 65), Authority for Transport in Malta Act (Cap. 499); Clamping and Removal of Motor Vehicles and Encumbering Objects (Amendment) Regulations, 2023.

L.N. 24 of 2023: Traffic Regulation Ordinance (Cap. 65), Authority for Transport in Malta Act (Cap. 499); Traffic Signs and Carriageway Markings (Amendment) Regulations, 2023.

L.N. 25 of 2023: Companies Act (Cap. 386); Cross-Border Mergers of Limited Liability Companies (Repeal) Regulations, 2023.

L.N. 26 of 2023: Companies Act (Cap. 386); Cross-border Divisions of Limited Liability Companies Regulations, 2023.

L.N. 27 of 2023: Companies Act (Cap. 386); Cross-border Conversions of Limited Liability Companies Regulations, 2023.

L.N. 28 of 2023: Companies Act (Cap. 386); Cross-border Mergers of Limited Liability Companies Regulations, 2023.

L.N. 29 of 2023: Agricultural Leases (Reletting) (Amendment) Act (Act No. XXII of 2022); Commencement Notice.

L.N. 30 of 2023: Malta Communications Authority Act (Cap. 418); Malta Communications Authority Act (Extension of Jurisdiction) Order, 2023.

L.N. 31 of 2023: Public Administration Act (Cap. 595); Detention Services Agency (Establishment) Order, 2023.

L.N. 32 of 2023: Immigration Act (Cap. 217); immigration (Amendment No. 2) Regulations 2023.

L.N. 33 of 2023: Code of Organization and Civil Procedure (Cap. 12); Court of Appeal (Distribution of Cases) (Amendment) Rules, 2023.

L.N. 34 of 2023: Code of Organization and Civil Procedure (Cap. 12); Court of Appeal (Determination of Chambers) (Amendment) Order, 2023.

IT is hereby notified for general information that, in exercise of the powers conferred by the Grant of Citizenship for Exceptional Circumstances Regulation articles 7 and 8 of S.L. 188.04, the Minister for Home Affairs, Security, Reforms and Equality has nominated Mr Joseph Borg, Mr Anthony Cachia and Mr Owen Grech as members on the Citizenship by Merit Board in lieu of Mr Rudolf Degiorgio and Dr Elaine Degiorgio. This nomination is valid till the 21st June, 2025.

IT is hereby notified for general information that, in exercise of the powers conferred by the Grant of Citizenship for Exceptional Circumstances Regulation articles 7 and 8 of S.L. 188.04, the Minister for Home Affairs, Security, Reforms and Equality has nominated Mr Shamus Schembri as secretary on the Citizenship by Merit Board in lieu of Ms Anette Buhagiar. This nomination is valid till the 21st June, 2025.

Malta Business Registry(Establishment as an Agency) Order

IT is notified for general information that in view of the exercise of the powers conferred by Regulation 9 of the Malta Business Registry (Establishment as an Agency) Order, the Minister responsible for Economy, European Funds and Lands has appointed Dr Ingrid Fenech, LLB, MA, Mat. Canon Law, LLD, to be the Official Receiver for the purposes of the Companies Act with effect by not later than 26th April, 2023.

Until such date, the Minister is appointing Dr Geraldine Spiteri Lucas as Official Receiver. The Official Receiver is also responsible for Insolvency and Receivership Service within the Malta Business Registry as competent authority in terms of the Pre-Insolvency Act, 2022 and the Insolvency Practitioners Act, 2022 and as established in terms of Regulation 9A of the Malta Business Registry (Establishment as an Agency) Order.

It is hereby also being notified that Dr Kevan Azzopardi, BA, LLD, has been terminated from Official Receiver duties as at 27th January, 2023.

Report Number: 1171/22

By a decree dated 8th February, 2023, the Court of Revision of Notarial Acts found that Notary Dr Josef Masini Vento failed to execute what he had been ordered to do in its decree of the 3rd January, 2023, and consequently after having seen Article 124 (4) of Chapter 55 of the Laws of Malta, orders the partial incapacitation of the said notary with immediate effect and up to such time when he shall have executed the order given to him by the aforesaid decree.

DR MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.)

Deputy Registrar, Court of Revision of Notarial Acts

Today, 8th February, 2023

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 aPrivate Guard

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 Community Officers Act 1996, 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.

Notice in terms of Article 61(1)

In Terms of the proviso to article 61 (1) of the Duty on Documents and Transfer 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.

Scheme to financially compensate MFA registered vessel owners due to theincrease of fuel prices caused by the Russian – Ukrainian Conflict

The Department of Fisheries and Aquaculture (DFA) shall be re-launching a financial aid scheme to provide assistance to owners of MFA registered vessels who purchase duty-free fuel for operational purposes. This scheme shall be open to those owners of MFA registered vessels who applied in the first call for applications. Applications shall also be open to those owners of MFA registered vessels who had not applied for the first call of applications.

This compensation scheme will be administered by the Department of Fisheries and Aquaculture and such compensation should not provide an incentive to and/or contribute to an increase in fishing capacity.

1. Definitions

In this scheme, unless the context requires otherwise:

 “Applicant" means the natural or legal person/s under whom the ownership of a fishing vessel is registered.

2. Who is eligible for such compensation?

i. Applicants having an MFA registered vessel with the Department of Fisheries and Aquaculture.

ii. The Limit of maximum eligibility entitlement under this scheme shall amount to a maximum of €75,000 per undertaking.

Following instructions recently issued by the Fishing Vessel Register section within the Department of Fisheries and Aquaculture, for applicants to be considered as eligible, they must declare that the amount of aid to be received as part of this scheme and any other aid received or to be received under any other scheme implemented in line with Section 2.1 under the Temporary Crisis Framework for State Aid Measures to support the economy following the aggression against Ukraine by Russia, does not exceed the threshold per undertaking established in this section.

iii. MFA vessel owners who did not apply for the first call for applications of this scheme shall also be deemed eligible to benefit from this scheme. Applicants who applied during the First Call for Applications need not re-apply as their application would be transferred to this Call.

3. How do I apply and what documentation is required?

Step 1: Fill in the Application Form (Obligatory)

The Applicants are kindly requested to complete and sign the application form sent to them, and submit the said application by post to the Department of Fisheries and Aquaculture. Applicants must confirm that the details requested in the pre-filled fields are correct.

When submitting the application form with the Department of Fisheries and Aquaculture, the applicant must also present a copy of his/her VAT Certificate. No application can be submitted nor will be accepted by DFA officials unless the applicant presents his VAT Certificate at the submission stage. Applicants shall be requested to submit receipts for the purchase of fuel from the distributor of their own choice. Once the scheme is concluded, applicants will be notified to submit their latest receipts. All potential eligible fishers will then be paid by the 31st of December, 2023.

Disclaimer: If the applicant fails to submit all the required documentation as per timelines, terms and conditions as stipulated in this scheme, the Department of Fisheries and Aquaculture will immediately disqualify such claim request. 

4. How will the compensation be calculated?

i. The Department of Fisheries and Aquaculture is considering providing compensation for the inflation of fuel prices due to the aggression against Ukraine by Russia.

ii. The Department of Fisheries and Aquaculture reserves the right to introduce and apply any other eligibility requisite, parameter, interpretation, or criteria as deemed fit, even if it does not form part of this scheme's terms and conditions.

iii. The Financial Grant Scheme shall be calculated as follows:

The aid given by the DFA is going to be the difference in fuel prices between March 2022-October 2023 and the fuel prices at pre-war stage (February 2022).

iv. The DFA reserves the right to revise the compensation calculation methodology if required.

v. If the vessel is owned by more than one person, in order for one to be able to apply for this scheme, all owners shall give their consent by filling in the appropriate section in the Application Form. In the case of companies, an authorised person is to sign.

vi. The Department of Fisheries and Aquaculture reserves the right to determine the eligibility, as per parameters stipulated above. All claims shall be subject to the scrutiny, interpretation and acceptance of the Department of Fisheries and Aquaculture. All decisions taken in this regard shall be considered as final. No revisions shall be allowed nor will be carried out. 

5. How will payment be executed?

Eligible Applicants shall be formally notified via an official letter. Following the vetting of all documentation submitted, the amount of money will be transferred to the bank account provided in the application.

6. How and when can I apply?

Applicants are to submit their application form and all other supporting documentation by post to the Department of Fisheries and Aquaculture (Malta) or Fish Landing Offices (around Malta and Gozo) from 15/02/2023 up to 03/03/2023, Monday to Friday (excluding weekends and public holidays), unless otherwise notified. Late submissions shall not be considered.

If the need arises, the DFA reserves the right to extend the deadline of application submission according to certain circumstances.

The Department of Fisheries and Aquaculture reserves the right to re-issue this grant aid scheme. 

The Department of Fisheries and Aquaculture shall review all Application Forms and Supporting Documentation received during the submission period and shall then notify via an official letter the applicant of any missing documentation.

Applicants are to submit any missing documentation by hand to the Department of Fisheries and Aquaculture (Malta) or Mġarr Office (Gozo) as per dates and time to be stipulated in any subsequent correspondence sent to applicants. Late submissions shall not be considered.

Following the submission of missing documentation, the Department of Fisheries and Aquaculture shall review all documentation received during the first and second submissions, and then formally notify the Applicant via an official letter whether the submission has been accepted or rejected.

Following the vetting of all documentation submitted, eligible applicants shall receive a payment that will be transferred to the bank account provided in the application.

Clarifications and queries can be addressed to the Department of Fisheries and Aquaculture (DFA) by:

email: (fisheriesprojects.mafa@gov.mt)

telephone:233971182339711323397115

7. Disclaimer

i. The Department of Fisheries and Aquaculture reserves the right to use data gathered in this Application Form for the scope of this scheme.

ii. The English version of this scheme shall prevail in case of conflict or interpretation with the Maltese version.

iii. The Applicant is declaring that to date, they have not benefited from aid under Section 2.1 of the Temporary Crisis Framework for state aid measures to support the economy due to the aggression against Ukraine by Russia, or that the amount of aid received and/or to be received as part of this scheme or any other scheme implemented in line with Section 2.1 of the Temporary Crisis Framework, does not exceed the threshold per undertaking  established in this section. 

iv. The Applicant is declaring that he/she is operating in conformity with all the established local and international legislation/regulations as defined by law.

v. The DFA reserves the right to request additional information from the claimant or carry out additional checks with third parties if deemed required.

vi. Any false declaration/s shall be considered as being a criminal offence. The applicant shall be held personally liable to return back any monies received, if payments would have already been processed. One will also be automatically disqualified from this scheme and potentially from other future schemes to be issued by the DFA. This clause does not have an applicable time limit and shall remain in force indefinitely.

vii. All conditions listed down in this document should be strictly abided with.

8. Amendments

In case of amendments to this scheme, these will be published in the Government Gazette.

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: