Government Notices published in Government Gazette No. 21,291 of 30th July 2024

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, 27th July, 2024, and that the arrangements made by Government Notice No. 942 of the 24th July, 2024, ceased to have effect accordingly.

Appointment on the Information and Data Protection Appeals Tribunal

IT is hereby notified that in terms of the powers conferred by article 24(8) of the Data Protection Act, Cap 586, the Minster for Justice and Reform of the Construction Sector has appointed Ms Chaileen Galea Debono as secretary of the Information and Data Protection Appeals Tribunals. This appointment is valid for three (3) years as from 10th September, 2024.

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

Act No. XXXI of 2024 entitled the Various Laws relating to Social Wellbeing Regulated Professions (Amendment) Act, 2024; and

Act No. XXXII of 2024 entitled the Credit Servicers and Credit Purchasers Act, 2024.

Appointment of the Fostering Board

IT is hereby notified for general information that in exercise of the powers conferred by article 38 of the Minor Protection (Alternative Care) Act, and for the purpose of that Act, the Minister for Social Policy and Children's Rights has approved the appointment of the Fostering Board, for a period of four years with effect from the 22nd July, 2024, as follows:

Chairperson

Dr Dianne Galea

Members

Ms Dorianne Attard

Ms Darlinka Barbara

Ms Donatella Cassar Bruno

Ms Beyoncé Hayman

Mr Mike Orland

Mr Ronnie Vella

Secretary

Ms Dorothy Vassallo

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 21,288 of 23rd July, 2024 (Legal Notices 167 to 169) and Government Gazette No. 21,290 of 26th July, 2024 (Legal Notices 170 to 171).

L.N. 167 of 2024: Ecclesiastical Entities (Properties) Act (Cap. 358), Government Borrowing and Management of Public Debt (Cap. 575); Directive by the Minister for Finance for the issue of €1,119,000 7% Malta Government Stock, 2034 (II).

L.N. 168 of 2024: Animal Welfare Act (Cap. 439); Cat Feeders Regulations, 2024.

L.N. 169 of 2024: Commissioners for Justice Act (Cap. 291); Commissioners for Justice Act (Schedule) (Amendment) Regulations, 2024.

L.N. 170 of 2024: Arts Council Malta Act (Cap. 542); De Valette Chamber Orchestra (Establishment as a Public Cultural Organisation) Order, 2024.

L.N. 171 of 2024: Supplies and Services Act (Cap. 117); Unfair Trading Practices in the Food Supply Chain (Amendment) Regulations, 2024.

The Permanent Secretary in the Ministry for Justice and Reform of the Construction Sector has approved the following acting appointment:

Sant'Anton Gardens

It is notified for general information that as enabled by Section 2 of the Public Gardens (Closing) Ordinance (Cap. 34) the Director of Agriculture has approved that Sant'Anton Gardens will be closed all day to the public on Tuesday, 6th of August, 2024, and will be under the control of Chronology of Water Holodilnik Ltd.

Credit Servicers and Credit Purchasers Act (Fees) Regulations, 2024¹

Explanatory Notes

1. Introduction

The title of these Regulations is the Credit Servicers and Credit Purchasers Act (Fees) Regulations, 2024 (the “Regulations"). They are to be issued under the Credit Servicers and Credit Purchasers Act (“the Act")

The regulations form part of the exercise being carried out locally to transpose Directive (EU) 2021/2167 of the European Parliament and of the Council of 24 November 2021 on credit servicers and credit purchasers and amending Directives 2008/48/EC and 2014/17/EU (“NPL Directive"). In a nutshell, the NPL Directive establishes a framework for the regulation of credit purchasers, as well as credit servicers acting on behalf of such credit purchasers, and of a creditor's rights under a non-performing credit agreement, or of the non-performing credit agreement itself, issued by a credit institution established in the European Union.

These regulations are made by the Minister for Finance, acting on the advice of the Malta Financial Services Authority (the “MFSA" or the “Authority"), which is the competent authority for the purposes of the Act.

2. Summary and background

These regulations establish the fees payable to the Authority by:

(i) credit servicers authorised by the Authority to act as such under the Act; and

(ii) by credit servicers authorised as such in any Member State other than Malta in terms of the NPL Directive, as transposed into national law, which are acting as credit servicers in Malta through the establishment of a branch in accordance with the Credit Servicers and Credit Purchasers Act (Passporting) Regulations (“European credit servicers").

3. Overview of the regulations

The regulations provide for an application fee to which persons applying for an authorisation under the Act are subject and an annual supervisory fee which is applicable to persons who have been granted such authorisation. They also provide for notification and supervision fees applicable to European credit servicers acting as credit servicers in Malta through the establishment of a branch, in accordance with the Credit Services and Credit Purchasers Act (Passporting) Regulations. These regulations also provide for the due date of such fees.

These regulations generally relate to the following:

- Regulation 1: Citation of the regulations;

- Regulation 2: Definitions and interpretation of the regulations;

- Regulation 3: Payment of an application fee;

- Regulation 4: Applicable annual supervisory fee;

- Regulation 5: Payment of the annual supervisory fee;

- Regulation 6: Payment of fees due by European credit servicers; and

- Regulation 7: Fees not being refundable or prorated.

4. Commentary

The fees due by persons authorised as credit servicers under the Act or applying for such authorisation are as follows:

The fees due by European credit servicers are as follows:

5. Concluding section

These regulations shall be deemed to have entered into force on the date of their publication.

Should more information be required on these regulations, the Authority can be contacted on +356 21441155.

N.B: These Explanatory Notes are not intended to be an exhaustive description of the legal 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.

¹These Explanatory Notes are for the purpose of and in accordance with Article 3(2)(c) and Schedule III of Chapter 512 of the Laws of Malta.

In exercise of the powers conferred by Article 113 of the Civil Code (Cap. 16), the Minister for Justice and Reform of the Construction Sectorhas made this Order whereby the Adoption Order dated 24th April, 2024, issued by the Office of the District Magistrate, Patna, Bihar, India, is being specified as an adoption of the person therein mentioned for the purposes of Articles 113, 130 and 130A of the Civil Code.

(Sgd) Dr Jonathan Attard

Minister for Justice and Reform of the Construction Sector

In exercise of the powers conferred by Article 113 of the Civil Code (Cap. 16), the Minister for Justice and Reform of the Construction Sector has made this Order whereby the Adoption Order dated 23rd September, 1974, issued by Bloomsbury and Marylebone County Court, London, United Kingdom, is being specified as an adoption of the person therein mentioned for the purposes of Articles 113, 130 and 130A of the Civil Code.

(Sgd) Dr Jonathan Attard

Minister for Justice and Reform of the Construction Sector

In exercise of the powers conferred by Article 113 of the Civil Code (Cap. 16), the Minister for Justice and Reform of the Construction Sector has made this Order whereby the Adoption Order dated 14th January, 1986, issued by the Cardiff County Court, England, is being specified as an adoption of the person therein mentioned for the purposes of Articles 113, 130 and 130A of the Civil Code.

(Sgd) Dr Jonathan Attard

Minister for Justice and Reform of the Construction Sector

In exercise of the powers conferred by Article 113 of the Civil Code (Cap. 16), the Minister for Justice and Reform of the Construction Sector has made this Order whereby the Adoption Order dated 25th March, 1988, issued by the High Court of Pontoise, France, is being specified as an adoption of the person therein mentioned for the purposes of Articles 113, 130 and 130A of the Civil Code.

(Sgd) Dr Jonathan Attard

Minister for Justice and Reform of the Construction Sector

In exercise of the powers conferred by Article 113 of the Civil Code (Cap. 16), the Minister for Justice and Reform of the Construction Sector has made this Order whereby the Adoption Order dated 19th March, 2024, issued by the Court of District Judge at Pune, India, is being specified as an adoption of the person therein mentioned for the purposes of Articles 113, 130 and 130A of the Civil Code.

(Sgd) Dr Jonathan Attard

Minister for Justice and Reform of the Construction Sector

In exercise of the powers conferred by Article 113 of the Civil Code (Cap. 16), the Minister for Justice and Reform of the Construction Sector has made this Order whereby the Adoption Order dated 19th January, 2024, issued by the Office of the District Magistrate, Gonda, Uttar Pradesh, India, is being specified as an adoption of the person therein mentioned for the purposes of Articles 113, 130 and 130A of the Civil Code.

(Sgd) Dr Jonathan Attard

Minister for Justice and Reform of the Construction Sector

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:

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 Luke Caruana to be notary delegate and keeper of the Acts for Notary Dr Alexia Debattista for the period between the 26th July, 2024 and the 8th August, 2024.

Today Friday, 26th July, 2024

Adrian Micallef

Deputy Registrar, Court of Revision of Notarial Acts

Application Number: 278/2024

By a decree dated 21st July, 2024, the Court of Revision of Notarial Acts found that Notary Dr Charles Vella Zarb failed to execute what he has been ordered to do in its decree of the 13th May, 2024, 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.

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts