Government Notices published in Government Gazette No. 21,167 of 19th December 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 Friday, 15th December, 2023, and that the arrangements made by Government Notice No. 1744 of the 12th December, 2023, ceased to have effect accordingly.

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

Bill No. 86 entitled the Criminal Code (Amendment No. 11) Act, 2023.

It is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 21,166 of 15th December, 2023 (Legal Notices 289 to 297).

L.N. 289 of 2023: Duty on Documents and Transfers Act (Cap. 364); Periods of Applicability of Exemptions (Duty on Documents and Transfers Act) Order, 2023.

L.N. 290 of 2023: Investment Services Act (Cap. 370; Investment Services Act (Exemption) (Amendment) Regulations, 2023.

L.N. 291 of 2023: Investment Services Act (Cap. 370; Investment Services Act (Fees) (Amendment) Regulations, 2023.

L.N. 292 of 2023: Trusts and Trustees Act (Cap. 331); Trusts and Trustees Act (Exemption) (Amendment) Regulations, 2023.

L.N. 293 of 2023: Companies Act (Cap. 386); Companies Act (Investment Companies with Variable Share Capital) (Amendment) Regulations, 2023.

L.N. 294 of 2023: Investment Services Act (Cap. 370); Investment Services Act (List of Notified AIFs) (Amendment) Regulations, 2023.

L.N. 295 of 2023: Public Administration Act (Cap. 595); Identity Malta Agency (Establishment) (Amendment) Order, 2023.

L.N. 296 of 2023: Income Tax Act (Cap. 123); Tax Credit (Costs of Therapy Provided to Children with Disability) (Amendment) Rules, 2023.

L.N. 297 of 2023: Food Safety Act (Cap. 449); Water Intended for Human Consumption Regulations, 2023.

The Minister for Home Affairs, Security, Reforms and Equality has the pleasure to approve the promotion of Lieutenant Mark Cauchi Inglott to the rank of Captain with effect from 4th December, 2023.

It is notified for general information that, in accordance with Article 3 of the Chamber of Architects Regulations, the Council of the Kamra tal-Periti is composed as follows:

President

Perit André Pizzuto

Vice President

Perit Matias Camilleri de Marco

Honorary Treasurer

Perit Ivynne Grixti

Honorary Secretary

Perit Nicholas Mallia

Members

Perit Anthony Bezzina, MP

Perit Prof. Rebecca Dalli Gonzi

Perit Philip Farrugia

Perit Sebastian Grima

Perit Matthew J. Mercieca

Perit Joeaby Vassallo

These appointments are effective from 11th December, 2023 until the next Annual General Meeting organised by the Kamra tal-Periti in accordance with the Chamber of Architects Regulations.

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 Corazon Mizzi to be Notary delegate and keeper of the Acts for Notary Dr Mary sive Mariella Mizzi for the period between the the 1st January, 2024 and 31st December, 2024.

Today, Thursday 14th December, 2023

Adrian Micallef

Deputy Registrar, Court of Revision of Notarial Acts

A Once-Only Grant on the Purchase of a Bicycle and a Pedelec Bicycle

In order to encourage the use of clean means of transport while, at the same time, encouraging physical exercise, the Minister for Finance and Employment has made the following scheme.

1. Interpretation

In this scheme, unless the context otherwise requires:

'applicant' means any person who is a resident in Malta.  When the applicant is under the age of 16 as on the date of application, one of the parents or the legal guardian must apply on his/her behalf;

'effective date' means 1st January, 2024;

'Malta' means the islands of Malta;

'person' means a natural person and does not include any organisational entity;

'person residing in Malta' means a natural person who holds a legally valid identification document issued in terms of the Identity Card And Other Documents Act (Cap. 258) or who has a residence permit or equivalent documentation issued by a competent national authority;

'fiscal receipt' means a receipt as defined in the Thirteenth Schedule to the Value Added Tax (Chap. 406), as subsequently amended, and also includes any regulation made by the same Act;

'bicycle' means any bicycle that is not a motor-powered bicycle and includes also a pedelec bicycle, which is an electric pedal cycle which must be pedalled and which electric motor assists the cyclist only when the cyclist is pedalling. A pedelec bicycle does not possess a throttle and its electric motor must have an output not exceeding 250 watts.  The kerbside weight of the pedelec bicycle must not exceed 40 kg and 60 kg in the case of a pedelec tandem bicycle;

'purchase price of the bicycle' means the total purchase price of the complete bicycle including VAT, however excluding any additional parts or accessories and which purchase price have been paid in full by the applicant prior to applying for this grant.

2. Area of applicability

This scheme applies to the expenditure that is incurred once only on the purchase price of the bicycle by the applicant, and which bicycle is purchased by the applicant on the effective date or afterwards during the duration of this scheme.  Persons who have already benefited from the grants of the previous schemes related to the purchase of a bicycle which appeared as a Government Notice No. 1095 of the Government Gazette of the 9th  December 2008, as a Government Notice No. 91 of the Government Gazette of the 28th  January 2011, as a Government Notice No. 278 of the Government Gazette of the 7th April 2015, as a Government Notice No. 1231 of the Government Gazette of the 15th December 2015, as a Government Notice No. 38 of the Government Gazette of the 8th January 2017, and as a Government Notice No. 11 of the Government Gazette of the 5th January 2018, as a Government Notice No. 8 of of the Government Gazette of the 4th January 2019, as a Government Notice No. 1470 of the Government Gazette of the 15th of November 2019, as a Government Notice No. 1480 of the Government Gazette of the 18th  December 2020 as a Government Notice No. 1602 of the Government Gazette of the 10th  December 2021 and as a Governemnt Notice No. 1755 of the Government Gazette of the 26th December 2022 are excluded from applying for this scheme.

3. Expenditure to be reported

The expenditure to be reported is in respect of the purchase price of the bicycle as defined in section (1) above.

4. Manner of application and supporting documents.

Applications under this scheme shall be made only via the official electronic portal/s which may be indicated from time to time for this purpose.

For this purpose, the applicant shall furnish the details of the invoices/fiscal receipts and any further documentation required to be submitted as required on the indicated portal.  Provided that, the original fiscal receipts/invoices and relevant documentation shall be kept by the applicant for a period of not less than two years from the date of application and produced upon request to the Malta Tax and Customs Administration for verification purposes.

Failure to produce any such documents upon request the applicant will be obliged to refund the amount paid under the scheme and in the case of a fraudulent application criminal action in terms of the Criminal Code (Cap 9) will be taken against him.

In the case of a bicycle not purchased from Malta the original invoice issued by the supplier indicating the type of bicycle purchased, together with the delivery note, the original documentary proof that final payment has been effected, and clearance from Maltapost/Department of Customs Malta as may be required, must be retained by the applicant for a period as stipulated above. These documents must confirm that the bicycle was really purchased; that the purchase price of the bicycle which price includes duty and VAT as may be required was really paid in full; that such a purchase was effected by the purchaser for the purchaser; and that the bicycle was delivered to the applicant's residence.  The purchased bicycle must also have a certificate of conformity with EU standard safety regulations, as may be required.

Only those applications that are found to conform with the provisions of this scheme shall be eligible for payment of the grant referred to in section 5 of the scheme.

Applications under this scheme, including the details of the documents required, should be submitted by not later than three months from the purchase of the bicycle. 

Applications received 'late', that is after the three month period, shall be demed to be invalid applications.

5. Grant payable under this scheme

Eligible applicants may apply for a once-only grant of 15.25% on the purchase price of the bicycle subject to a maximum grant of €85 in the case of a non- mechanised bicycle and a maximum grant of €250 in the case of a pedelec bicycle.

6. Payment of Grant

The grant will be credited to the applicant, or to the parent/s/legal guardian/s in the case of applicants under the age of sixteen, in the bank account that is indicated in the application.

7. Validity of application

An application shall not be deemed to be valid unless:

(a) it is full and complete in all material aspects;

(b) it is accompanied by all the      relevant details as required;

(c) is submitted to the Malta Tax and Customs Administration via the official electronic portal by not later than three months from the date of purchase of the bicycle as is stipulated in Section 4 of this scheme.

8. Duration of the scheme

This scheme has a definite duration and will start as from the 1st January, 2024, and end on the 31st December, 2024, unless this scheme is not modified/terminated by means of a Notice in the Government Gazette and shall be renewed as deemed necessary by the Minister for Finance and Employment and as such shall be thus published in another Notice in the Government Gazette. 

9. Amendments to the scheme

The Minister for Finance and Employment Services reserves the right to make any amendments to this scheme by the publication of the said amendments in the Government Gazette.

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

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 Tax and Customs 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: