Government Notices published in Government Gazette no 21,056 of 19th May 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 Thursday, 18th May, 2023, and that the arrangements made by Government Notice No. 62 of the 15th May, 2023, ceased to have effect accordingly.

THE President of Malta has the pleasure to approve the grant of a Commission in the rank of Lieutenant in the Armed Forces of Malta (Volunteer Reserve Force) to 10397 Warrant Officer Sammut Joseph with effect from 26th January, 2023.

THE President of Malta has the pleasure to approve the grant of a Commission in the rank of Captian (Medical Officer) in the Armed Forces of Malta (Regular Force) to Dr Charles Farrugia, MD, with effect from 23rd May, 2023.

IT is hereby notified that in terms of Article 92(4) of the Constitution of Malta, the Prime Minister has approved the acting appointment of Mr Joseph John Vella as acting Director (Animal Welfare) within the Ministry for Agriculture, Fisheries and Animal Rights.

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

Act No. XV of 2023 entitled the Traffic Regulation Ordinance (Amendment) Act, 2023; and

Act No. XVI of 2023 entitled the Various Laws Relating to Building and Construction (Amendment) Act, 2023.

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

Bill No. 58 entitled the Crowdfunding Service Providers Act, 2023.

Sport Commercialisation Board

IT is hereby notified for the general information that in exercise of the powers conferred by section 3 of the Sports Act (Cap. 455), and for the purpose of this Act, the Minister for Education, Sport, Youth, Research and Innovation has made the following appointments on the Sport Commercialisation Board, as follows:

Chairperson

Mr Richard Bilocca

Secretary

Dr Neville Young

Members

Mr Joseph Vella

Ms Susan Portelli

Mr Jonathan Scerri

Mr Ian Camilleri

Mr James Grech

Mr Adrian Micallef

Mr Antvin Monseigneur

Ms Marika Seychell

Mr Jonathan Barbara

IT is hereby notified for general information that in accordance with Articles 1 and 7 of the Statute and Regulations of the Malta Racing Club, the Minister for Education, Sport, Youth, Research and Innovation has approved the appointment of the Malta Racing Club. The appointments are for a period of one year with effect from 22nd March, 2023.

Chairperson

Mr Anthony Mifsud

Deputy Chairperson

Dr Anthony Demanuele

Members

Mr Mario Baldacchio

Mr Nicholas Farrugia

Mr Sandro Caruana

Mr Paul Gafà

Mr Joseph Axisa

Secretary

Mr Karl Debono

THE Principal Permanent Secretary in the Office of the Prime Minister has approved the following acting appointment:

Application of the Proviso to Article 3(2)(B) of theSmall Business Act (Exemption) Order

IN exercise of the powers conferred by article 18(1) of the Small Business Act (Cap. 512) the Minister for the Economy, European Funds and Lands has made the following order:

The Traffic Regulation Ordinance (Amendment) Act, 2023 (Cap. 65), the Motor Vehicles (Amendment) Regulations, 2023 (S.L. 65.11) and the Motor Vehicles (Driving Licences) (Amendment) Regulations, 2023 (S.L.65.18) are hereby exempt from the application of article 3(b)(ii) of the Small Business Act for the reason that the measures established in the mentioned legislation are urgently required to assist legal enforcing authorities in their duties.

Explanatory Notes

Explanatory Notes in relation to:

Traffic Regulation Ordinance (Amendment) Act, 2023 (Cap. 65)

Motor Vehicles (Amendment) Regulations, 2023 (SL 65.11)

Motor Vehicles (Driving Licences) (Amendment) Regulations, 2023 (SL 65.18)

1. Introduction

Amendments have been made to the Traffic Regulation Ordinance (Cap. 65), the Motor Vehicles Regulations (SL. 65.11) and the Motor Vehicles (Driving Licences) Regulations (SL 65.18).

2. Summary and Background

The rationale of these changes is to implement Government policy in relation to the use of mobile phones and other road safety violations which may contribute to various traffic accidents including serious injuries and fatal accidents. The main objective was to review the current fines and penalty points related to the use of mobile phones, obstruction of the free flow of traffic by parked vehicles causing several traffic jams and, or obstructing bus bays and lanes and other minor road safety violations. Furthermore, in the Motor Vehicles Regulations (SL 65.11) the role of Transport Malta's enforcement officers has now been provided with enforcement powers similar to those of Police officers and community officers.

Consultations were held with the Local Enforcement Agency (LESA) and the Police. The feedback on this matter was positive since the amendments envisage an increase in road safety and a reduction in the number of accidents on Malta's road network.

All of these amendments are interlinked and this can be seen in the common definitions which were introduced, particularly the definitions of motor vehicle, motor cycle and e-kickscooter.

3. Overview of the structure of the instruments.

(a) Traffic Regulation Ordinance (Amendment) Act, 2023 (Cap 65) consists of 4 articles concering the following:

Amendments to the definitions

Amendment to the current article 15J

Substitution of the Second Schedule to the Traffic Regulation Ordinance

(b) Motor Vehicles (Amendment) Regulations (S.L. 65.11) consists of 4 regulations concerning the following:

Amendments to the definitions

Amendments to regulations 67, 73, 74, 79, 96, 115 and 124

(c) Motor Vehicles (Driving Licences) (Amendment) Regulations, 2023 (SL 65.18) consists of 10 regulations concering the following:

Amendments to the definitions

Amendments to the Sixth Schedule

Amendments to the Fourtheenth Schedule

4. Commentary on parts

4.1 Amendments to the Traffic Regulation Ordinance (Amendment) (Cap. 65)

Regulation 2 introduced new definitions to this Ordinance. It namely introduced the definitions of an e-kickscooter, a motor cycle, motor vehicle for hire as well as the EU categories of M1 – M3 motor vehicles and N1 – N3 motor vehicles. The definition of vehicle was also amended so as to include all the various new categories of vehicles, such as e-kickscooters so that they are captured by the law.

Regulation 3 increased the fine from €100 to 200 if a vehicle is driven through a red light.

The Second Schedule to this Ordinance was amended by regulation 4. In this regulation the fines were in nearly all cases increased. There was also the introduction of fines in relation to the use of mobile phones and hands-free devices whilst driving or being stationary in traffic in any motor vehicles or a motor cycle or an e-kickscooter.

4.2 The Motor Vehicles (Amendment) Regulations 2023 (SL 65.11)

In regulation 2 of these regulations the definitions of motor cycle and motor vehicle were amended whilst the definition of e-kickscooter was introduced.

With regard to the amendments carried out by regulations 3 to 7, these dealt with the introduction of the role of Transport Malta's enforcement officers, whereby they have now beengranted similar powers  to those which LESA and Police Officers already possess with regard to enforcement of traffic violations.

Regulation 8 introduced new offences related to the use of hands-free devices or of mobile phones or earphones whilst driving or remaining stationary in traffic in any motor vehicle, motor cycle or e-kickscooter.

Similarly to regulations 3 to 7, regulations 9 and 10 provide powers of enforcement for Transport Malta's enforcement officers akin to LESA community officers and Police Officers.

4.3 The Motor Vehicles (Driving Licences) (Amendment) Regulations, 2023 (SL 65.18).

Regulation 2 provides for various definitions. The definitions of motor cycle and motor vehicle were amended so as to be in line with the amendments carried out in the other two instruments. The definitions of motor vehicle for hire and the EU Categories M1, M2, M3 and N1, N2 and N3 were also included. 

Regulation 3 amended the Sixth Schedule to these regulations and the main amendment was to increase the penalty points from 3 to 6 points to 6 to 9 points.

Regulation 4 provided for the introduction of the United Kingdom as one of the countries thatMalta has a mutual recognition of driving licence agreement.

5. Concluding Section

For further information please contact Mr. Gilbert Agius, Deputy Chief Land Transport on (gilbert.agius@transport.gov.mt) or on tel. 2555 5160.

The Act and the Subsidiary Legislation shall come into force immediately once published in the Government Gazette.

N.B. These Explanatory Notes are not intended to be an exhaustive description of the instrument nor a substitute thereof or a legislative supplement to it. These Explanatory Notes do not purport to be an authoritative ruling on the interpretation of the legislation.

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 Petra Burlò to be notary delegate and keeper of the Acts for Notary Dr Marco Burlò for the period between the 22nd May, 2023 and the 12th of June, 2023.

Today the 15th May, 2023

adv. MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.), M.  NOT. St (melit)

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 Daniela Mercieca to be notary delegate and keeper of the Acts for Notary Dr Peter Fleri-Soler for the period between the 20th of May, 2023 and the 28th of May, 2023.

Today the 18th May, 2023

ADV. MARIA RUTH CIANTAR, Dip. Laws of Proc. (Melit.), LLB (Hons) (Melit.), M. Adv. (Melit.), M. Not. St (Melit.)

Deputy Registrar, Court of Revision of Notarial Acts

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:

Base Value of Agricultural Land

By virtue of Regulation 4 of Subsidiary Legislation 199.02, 'Valuation of Agricultural Land Regulations', the Minister responsible for Agriculture hereby notifies that the base value of agricultural land is €2,570 per tumolo.