Government Notices published in Government Gazette No. 21,009 of 21st February 2023

Board of Governors of the Malta FinancialServices Authority

IT is hereby notified for general information that, in exercise of the powers conferred upon him by article 6 of the Malta Financial Services Authority Act (Cap. 330), the Prime Minister has appointed the Board of Governors of the Malta Financial Services Authority:

Chairman

Mr Jesmond Gatt

Members

Prof. Edward Scicluna

Prof. Philip von Brockdorff

Mr Mark Galea

Dr Stephanie Vella

Dr Carl Brincat

Mr Joseph Caruana

Dr Anton Bartolo

These appointments are valid for a period of three years with effect from 17th February, 2023

17th February 2023

Legal Notice 196 (2009) Exemption from Motor Vehicles Registration Tax Rules, 2009

IN exercise of the powers conferred by Regulation 10 of Legal Notice 196 of 2009 (SL 368.01), the Minister for Finance and Employment has appointed Mr Leonard Sacco in lieu of Mr Michael Zammit Munro as Chairman of the board that will consider requests for the exemption or relief of registration tax for individuals who transfer their residence to Malta. This appointment is valid with effect from 17th February, 2023 up to 31st December, 2024.

Legal Notice 6 (2012) Exemption fromMotor Vehicles Registration Tax Rules, 2012

IN exercise of the powers conferred by Regulation 9(1)(b) of Legal Notice 6 of 2012 S.L. 368.01, the Minister for Finance and Employment has appointed Mr Leonard Sacco in lieu of Mr Michael Zammit Munro as Chairman to the Review Board for Registration Tax Exemption in Favour of Philanthropic Organisations. This appointment is valid with effect from 17th February, 2023 up to 31st December, 2024.

Legal Notice 6 (2012) Exemption from Motor Vehicles Registration Tax Rules, 2012

IN exercise of the powers conferred by Regulation 9(1)(b) of Legal Notice 6 of 2012 S.L. 368.01, the Minister for Finance and Employment has appointed Mr Leonard Sacco in lieu of Mr Michael Zammit Munro as Chairman of the Review Board for Exemptions/Reductions/Grants related to Motor Vehicles for Persons with Disability Scheme. This appointment is valid with effect from 17th February, 2023 up to 31st December, 2024.

Appointments to the Board of the Environmentand Resources Authority

IT is hereby notified for general information that in the exercise of the powers conferred by Article 6 of the Environment Protection Act (Cap. 549), the Minister for the Environment, Energy, and Enterprise has made the following appointments to the Board of the Environment and Resources Authority.

Chairperson

Perit Vince Cassar instead of Prof. Victor Axiak

This appointment is effective from the 8th February, 2023, for a period of three (3) years.

Members

Prof. Emmanuel Sinagra (Deputy Chairperson) instead of Prof. Alfred Vella

Mr Clarence Pace instead of Ms Carmen Buttigieg

These appointments are effective from the 7th February, 2023, for a period of three (3) years.

Appointment of the Building and Construction Authority Board 

IT is hereby notified for general information that in exercise of the powers conferred by Article 11 of the Building and Construction Authority Act (Chapter 623 of 2021), the Minister for Public Works and Planning has appointed Mr Saviour Camilleri as Chairperson of the Building and Construction Authority Board following the resignation of Perit Maria Schembri Grima.

This appointment is effective from 17th February, 2023 till 16th February, 2026. 

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 21,006 of 14th February, 2023 (Legal Notices 35 to 37) and Government Gazette No. 21,008 of 17th February (Legal Notice 38).

L.N. 35 of 2023: Environment Protection Act (Cap. 549); Waste (Amendment) Regulations, 2023.

L.N. 36 of 2023: Environment Protection Act (Cap. 549); Abandonment, Dumping and Disposal of Waste in Streets and Public Places or Areas (Amendment) Regulations, 2023.

L.N. 37 of 2023: Development Planning Act (Cap. 552); Development Notification (Amendment) Order, 2023.

L.N. 38 of 2023: Housing (Decontrol) Ordinance (Cap. 158); Index of Inflation for the Year 2022.

Explanatory Note

1. Introduction

2. Summary and Background

The Legal Notice seeks to repeal Subsidiary Legislation 386.23. (the Companies Act (Public Companies – Annual General Meetings) Regulations). The said regulations were brought into force in response to the Covid-19 pandemic and are applicable to all public limited liability companies, exclusively to the holding of annual general meetings.

Through such regulations, public companies are given an extension to the time-period allowed under the Companies Act (Cap. 386 of the Laws of Malta) within which they are to hold their annual general meetings. From a period of fifteen (15) months, being the time-period allowed to elapse between the date of one (1) annual general meeting of the company and that of the next, as provided for by Article 128(1) of the Companies Act, the regulations extend such period by five (5) months.

3. Overview of the Structure of the Instrument

The legal amendment consists of three (3) regulations. Said regulations establish and regulate as follows:

Regulation 1 establishes the title and commencement date.

Regulation 2 establishes a repeal of Subsidiary Legislation 386.23. titled the Companies Act (Public Companies – Annual General Meetings) Regulations and savings clause.

Regulation 3 provides for a transitory provision.

4. Commentary on Parts and Articles

As per the above section, Regulation 1 specifies the title and the commencement date of the regulations which is two (2) months following their date of publication in the Gazette in line with the provisions of the Small Business Act (Cap. 512).

Regulation 2 provides for the scope, being that the regulations repeal the Companies Act (Public Companies – Annual General Meetings) Regulations in whole since the extended time-period of five (5) months is no longer necessary as the Covuid-19 measures have been lifted. It specifies that the repeal is without prejudice to anything done or omitted to be done under the Companies Act (Public Companies – Annual General Meetings) Regulations.

Regulation 3 provides for a transitory provision in that the Companies Act (Public Companies – Annual General Meetings) Regulations shall continue to apply for those companies which, prior the coming into force of these repeal regulations, would already be making use of such an extended time-period.

5. Conclusion

Officers of companies are to be fully aware of the repealing regulations. It is advisable that when they are unsure about their obligations, they consult a lawyer, accountant, or auditor. Failure to make the necessary filings or take the necessary action within the requested time frames will result in penalties being imposed on the company and officers of the company. Penalties may be avoided if the company officers familiarise themselves with the Maltese company law and regulations thereto and keep themselves updated with any amendments and repeals.

The repeal regulations shall come into force within two (2) months from their publication in the Gazette.

N.B. This Explanatory Note is not intended to be an exhaustive description of the instrument nor a substitute thereof or a legislative supplement to it. This Note does not purport to be an authoritative ruling on the interpretation of the legislation.

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:

Covid-19 Wage Supplement Scheme and Quarantine Leave Scheme Establishmentof Board/s of Appeals

FURTHER to the Covid-19 Wage Supplement Scheme established by means of Government Notice No. 389 published in the Government Gazette No. 20,387 of 13th April, 2020, and the Quarantine Leave Scheme, Government Notice Number 937 published on the 11th August, 2020 and also Government Notice Number 57 published on 15th January, 2021, the Government provided for the establishment and the procedure for Board/s of Appeals that were vested with the jurisdiction to hear appeals which may have been lodged by any party which may have felt aggrieved by any decision taken by Malta Enterprise related to any claim, request and/or application made with regards to the Covid-19 Wage Supplement Scheme and the Quarantine Leave Scheme.

The Minister for the Environment, Energy and Enterprise, as Minister responsible for Enterprise, is by means of this Government Notice, re-issuing the provisions for the establishment of Boards of Appeal which shall be vested with the jurisdiction to hear appeals which may be lodged by any party which feels aggravated by any decision taken by Malta Enterprise related to any claim, request and/or application made with regards to the Covid-19 Wage Supplement Scheme and the Quarantine Leave Scheme.

The Board/s of Appeals shall be regulated as per the terms and conditions stipulated in this Notice.

1. Establishment and Functions of Board/s of Appeals

1.1 There shall be established a Board/s of Appeals to hear appeals lodged by any party who feels aggrieved by any decision taken by Malta Enterprise with regard to the Covid-19 Wage Supplement Scheme and Quarantine Leave Scheme.

1.2 The Board/s of Appeals shall be composed of three members appointed by the Minister responsible for Enterprise. Two of the members, one of whom shall be appointed chairperson, shall be public officers in a position of Permanent Secretary or Director General or Director or Assistant Director. The third member shall be a lawyer from the Public Service.

1.3 There shall also be a secretary who shall record the minutes of the proceedings.

2. Filing of Appeal

2.1 Any person who feels aggrieved by any decision taken by Malta Enterprise with regards to the Covid-19 Wage Supplement Scheme and the Quarantine Leave Scheme shall have the right to lodge an appeal from such a decision in front of the Board/s of Appeals by not later than ten (10) working days from the date when Malta Enterprise communicates its final decision on the matter to such person OR by not later than ten (10) working days from the date when Malta Enterprise sends a letter containing the right of appeal OR within fifteen (15) working days from publication of this notice within the Government Gazette, as applicable.

2.2 The appeal shall be lodged by means of an objection letter sent by email to (appeals-covid19Mesupplementscheme@gov.mt) or by registered post or personally by hand to the following address:

Permanent Secretriat,

Ministry for the Environment, Energy and Enterprise,

6, Triq Ħal Qormi,

Santa Venera

2.3 The objection letter shall contain a concise and clear explanation of the reasons for the appellant's appeal against the decision given by Malta Enterprise and shall be accompanied by any supporting documentation.

2.4 An administrative fee of fifty euro (€50) is to be paid upon filing of the appeal. Payment is to be made by means of a cheque payable to the Ministry for the Environment, Energy and Enterprise or cash equivalent. Said cheque or cash equivalent must be submitted together with the objection letter at the address indicated above.

2.5 In the event that an appeal is not accompanied by the said administrative fee, the appeal shall be considered null and void.

2.6 In the event that the appeal is upheld in toto or in parte by the Board, the administrative fee shall be refunded in its entirety to the appellant. Should there be the need for a refund, the appellant will be required to provide the relevant bank details, including also the IBAN number, for the relative transfer of funds.

3. RulesofProcedure

3.1 The Board/s of Appeals shall respect and apply the principles of good administrative behaviour which include the following:

(a) the appellant shall have the right to be heard and to produce any evidence (including witnesses and documentary evidence) which may be deemed fit to sustain the reasons for appeal;

(b) The appellant and any person called upon to be present during the proceedings shall have the right to be assisted by a lawyer, accountant or other consultant of own choice (a maximum of three (3) persons each party);

(c) The procedures in front of the Board shall be conducted in an informal and summary manner and the Board shall be obliged to render its decision by not later than ten (10) working days from the date when the appeal is heard;

(d) The appeal shall be heard in one sitting which may be held either viva voce or by means of a video conference;

(e) The Board shall not allow any pleas of a procedural nature and is to give a final decision which shall be of a substantive nature;

(f) The Board shall ensure that there shall be procedural equality between the appellant, Malta Enterprise and any other person present during the hearing and each party shall be given an equal opportunity to present its case, without being placed at a disadvantage;

(g) The Board shall ensure that Malta Enterprise makes available the documents and information relevant to the case and that the appellant shall have access to these documents and information through the appeals board;

(h) Proceedings before the Board shall be adversarial in nature and all evidence admitted by such a tribunal shall, in principle, be made available to the parties with a view to adversarial argument;

(i) The judgment shall be communicated to the appellant and Malta Enterprise by means of email on the address which shall be provided by the parties for such purpose. Reasons in a concise and clear manner shall be given for the judgement.

3.2 The decision given by the Board shall be final and unappealable saving any other remedies available to the appellant in terms of general Law.