Government Notices published in Govt. Gazette No. 20,128 of 29th January 2019

IT is notified for general information that, acting on the advice of the Prime Minister, the President of Malta has directed that Hon. Christian Cardona, BA, LLD, LLM, MP, Minister for the Economy, Investment and Small Businesses, assumes the additional duties of the Prime Minister, on Tuesday, 29th January, 2019, during the absence from Malta of the Hon. Joseph Muscat, KUOM, BCom, BA (Hons), MA (European Studies), PhD (Bristol), MP.

It is hereby notified that in terms of Section 29(1) of the Ġieħ ir-Repubblika Act, 1975, the President of Malta, acting on the advice of the Prime Minister, has authorised the recognition of the conferment of the award Common Security and Defence Police (CSDP) Medal on Police Sergeant 746, Geoffrey Francis Attard McCarthy.

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 20,122 of the 22nd January, 2019, and No. 20,127 of the 25th January, 2019, respectively.

L.N. 9 of 2019: Administrative Justice Act (Cap. 490); Administrative Justice Act (Second Schedule) (Amendment) Regulations, 2019.

L.N. 10 of 2019: Administrative Justice Act (Cap. 490); Administrative Review Tribunal (Establishment of Panels) (Amendment) Regulations, 2019.

L.N. 11 of 2019: Income Tax Act (Cap. 123); Tax Rebate (Pensioners) (Amendment) Rules, 2019.

L.N. 12 of 2019: Prevention of Money Laundering Act (Cap. 373); National Coordinating Committee on Combating Money Laundering and Funding of Terrorism (Amendment) Regulations, 2019.

L.N. 13 of 2019: President of Malta and Other Officers (Salaries) Act (Cap. 186); President of Malta and Other Officers (Revision of Salaries) Order, 2019.

L.N. 14 of 2019: Judges and Magistrates (Salaries) Act (Cap. 175); Judges and Magistrates (Revision of Salaries) Order, 2019.

L.N. 15 of 2019: Malta Enterprise Act (Cap. 463); Skills Development Regulations, 2019.

IT is hereby notified for general information that in accordance with Articles 1 and 7 of the Statute and Regulations of the Marsa Racing Club, the Minister for Education and Employment has approved the appointment of the Malta Racing Club Council. The appointments are for a period of one year with effect from 1st January, 2019, as follows:

Chairperson

Mr Edwin Borg

Members

Mr Peter Paul Caruana

Mr George Farrugia

Mr Anthony Mifsud

Mr Joseph Zerafa

The Permanent Secretary in the Ministry for Health has approved the following acting appointment:

Rules for Honours, Awards and Decorations, 1990 (L.N. 105/90)

THE Minister for Home Affairs and National Security has approved the award of the Long and Efficient Service Medals and Clasps to serving members and ex-members of the Armed Forces of Malta, with effect from Tuesday, 22nd January, 2019, as shown below:

The Long and Efficient Service Medal on completion of 18 years service awarded to:

First Clasp to the Long and Efficient Service Medal on completion of 25 years service awarded to:

Plant Quarantine (Harmful Organisms)Regulations

Plant Protection Directorate

Registration of Palm Trees

BY VIRTUE of the powers conferred by the Plant Quarantine (Harmful Organisms) Regulation 25 of S.L. 433.03, the Plant Protection Directorate within the Ministry for Environment, Sustainable Development and Climate Change, notifies that:

A registration exercise of palm trees is being launched in accordance with the provisions of the above-mentioned regulation.  This exercise forms part of the control of the red palm weevil (Rhnychophorus ferrugineus) and the plan for the conservation of palm trees.

Government entities in Malta and Gozo are hereby being obliged to declare the quantity of palm trees, the varieties and their geographical location.

Registration of palm trees will take place at the Plant Protection Directorate, Daħlet l-Istrinġitur, Ħ'Attard, between the 1st February, 2019, and 31st March, 2019, on appointment by calling 2292 6535.

Declaration by the LANDS AUTHORITY

I hereby declare that in accordance with article 43 of Chapter 573 of the Laws of Malta regarding Government lands, I am revoking the Declaration by the Acting President of Malta published in the Government gazette of the 11th January, 2012, under Notice No. 30.

Description of the Land

The following land at Fgura:

A plot of land measuring about 39 square metres, bounded on the North by property of William Vella and on the West and South East by a public road or more precise boundaries.

With the approval of the Hon. Minister for Transport, Infrastructure and Capital Projects, it has been declared that the above mentioned land is no longer required by Infrastructure Malta and therefore this revocation is being made by which the mentioned land will be returned to the owners.

The above-mentioned land is shown marked with the colour red on plan P.D. 2011_595, which may be viewed on demand at the Lands Authority, Auberge de Baviere, Valletta.

(Sgd) Judge Emeritus C. Farrugia Sacco

Chairman Lands Authority

This site plan is being published on page 909.

Declaration by the LANDS AUTHORITY

I hereby declare that the undermentioned land is required by the Government of Malta for a public purpose in accordance with the Government Lands Act (Cap. 573) of the Laws of Malta and that its acquisition thereof is to be by absolute purchase.

Description of the Land

The following land at Kerċem, Gozo:

A plot of land measuring about 177 square metres, bounded on the South East by a public road, on the North West by property of Gregory Vella and on the East by property of Gregory Calleja or more precise boundaries.

The above-mentioned land is being acquired in connection with an archaeological site in Għar Girduf, Kerċem, Gozo.

The land is shown delineated with the colour red and marked as plot '1A' on plan P.D. No. 2010_725_A, which may be viewed on demand at the Lands Authority, Auberge de Baviere, Valletta.

The compensation offered for the above mentioned land is two hundred and thirty thousand Euros (€230,000), according to the valuation made by Architect Dr Edwin Mintoff, an extract of which is being published with this declaration.

A site plan showing the mentioned immovable property is being published with this declaration.

(Sgd) Judge Emeritus C. Farrugia Sacco

Chairman Lands Authority

This site plan is being published on page 912.

Architect's Valuation (Original in Maltese)

Valuation of a portion of land, at Għar Girduf, Kerċem Gozo, required for expropriation purposes for a public purpose.

As instructed by the Chairman of the Land Authority, in terms of Government Lands Act, Chapter 573 of the Laws of Malta, I am assessing the freehold and unencumbered value of the property described hereunder at Għar Girduf, Kerċem Gozo, which is required by the Government for a public purpose, and this after having considered the locality, size, shape, state and potential, in terms of the plans and boundaries of the development zone as officially published by the Planning Authority, as well as the value of similar properties nearby and other matters which may effect the value of the same property.

A plot of land measuring about 177 square metres, bounded on the South East by a public road, on the North West by property of Gregory Vella and on the East by property of Gregory Calleja or more precise boundaries, is shown delineated with the colour red and marked as plot '1A' on plan P.D. No. 2010_725_A and is being valued for two hundred and thirty thousand Euros (€230,000).

Note: This is an extract of the original report given by me on the 6th June, 2018. The extract of the report is being made to be attached and published with the declaration.

(Sgd) Architect Dr Edwin Mintoff

Declaration by the LANDS AUTHORITY

I hereby declare that the undermentioned land is required by the Government of Malta for a public purpose in accordance with the Government Lands Act (Cap. 573) of the Laws of Malta and that its acquisition thereof is to be by absolute purchase.

Description of the Land

The following land at Kerċem, Gozo:

A plot of land measuring about 42 square metres, bounded on the North West by property of Gregory Vella, on the North East by property of William Xerri and on the South East by property of Gregory Calleja or more precise boundaries.

The above-mentioned land is being acquired in connection with an archaeological site in Għar Girduf, Kerċem, Gozo.

The land is shown delineated with the colour red and marked as plot '2A' on plan P.D. No. 2010_725_A, which may be viewed on demand at the Lands Authority, Auberge de Baviere, Valletta.

The compensation offered for the above mentioned land is forty five thousand and nine hundred Euros (€45,900), according to the valuation made by Architect Dr Edwin Mintoff, an extract of which is being published with this declaration.

A site plan showing the mentioned immovable property is being published with this declaration.

(Sgd) Judge Emeritus C. Farrugia Sacco

Chairman Lands Authority

This site plan is being published on page 915.

Architect's Valuation (Original in Maltese)

Valuation of a portion of land, at Għar Girduf, Kerċem Gozo, required for expropriation purposes for a public purpose.

As instructed by the Chairman of the Land Authority, in terms of Government Lands Act, Chapter 573 of the Laws of Malta, I am assessing the freehold and unencumbered value of the property described hereunder at Għar Girduf, Kerċem Gozo, which is required by the Government for a public purpose, and this after having considered the locality, size, shape, state and potential, in terms of the plans and boundaries of the development zone as officially published by the Planning Authority, as well as the value of similar properties nearby and other matters which may effect the value of the same property.

A plot of land measuring about 42 square metres, bounded on the North West by property of Gregory Vella, on the North East by property of William Xerri and on the South East by property of Gregory Calleja or more precise boundaries, is shown delineated with the colour red and marked as plot '2A' on plan P.D. No. 2010_725_A and is being valued for forty five thousand and nine hundred Euros (€45,900).

Note: This is an extract of the original report given by me on the 12th December, 2018. The extract of the report is being made to be attached and published with the declaration.

(Sgd) Architect Dr Edwin Mintoff

Declaration by the LANDS AUTHORITY

I hereby declare that the undermentioned land is required by the Government of Malta for a public purpose in accordance with the Government Lands Act (Cap. 573) of the Laws of Malta and that its acquisition thereof is to be by absolute purchase.

Description of the Land

The following land at Kerċem, Gozo:

A plot of land measuring about 35 square metres, bounded on the North West by property of Gregory Vella, on the South West by property of Gregory Calleja and on the South East by property of William Xerri or more precise boundaries.

The above-mentioned land is being acquired in connection with an archaeological site in Għar Girduf, Kerċem, Gozo.

The land is shown delineated with the colour red and marked as plot '3A' on plan P.D. No. 2010_725_A, which may be viewed on demand at the Lands Authority, Auberge de Baviere, Valletta.

The compensation offered for the above mentioned land is forty eight thousand and six hundred Euros (€48,600), according to the valuation made by Architect Dr Edwin Mintoff, an extract of which is being published with this declaration.

A site plan showing the mentioned immovable property is being published with this declaration.

(Sgd) Judge Emeritus C. Farrugia Sacco

Chairman Lands Authority

This site plan is being published on page 918.

Architect's Valuation (Original in Maltese)

Valuation of a portion of land, at Għar Girduf, Kerċem Gozo, required for expropriation purposes for a public purpose.

As instructed by the Chairman of the Land Authority, in terms of Government Lands Act, Chapter 573 of the Laws of Malta, I am assessing the freehold and unencumbered value of the property described hereunder at Għar Girduf, Kerċem Gozo, which is required by the Government for a public purpose, and this after having considered the locality, size, shape, state and potential, in terms of the plans and boundaries of the development zone as officially published by the Planning Authority, as well as the value of similar properties nearby and other matters which may effect the value of the same property.

A plot of land measuring about 35 square metres, bounded on the North West by property of Gregory Vella, on the South West by property of Gregory Calleja and on the South East by property of William Xerri or more precise boundaries, is shown delineated with the colour red and marked as plot '3A' on plan P.D. No. 2010_725_A and is being valued for eight thousand and six hundred Euros (€48,600).

Note: This is an extract of the original report given by me on the 12th December, 2018. The extract of the report is being made to be attached and published with the declaration.

(Sgd) Architect Dr Edwin Mintoff

Declaration by the LANDS AUTHORITY

I hereby declare that the undermentioned land is required by the Government of Malta for a public purpose in accordance with the Government Lands Act (Cap. 573) of the Laws of Malta and that its acquisition thereof is to be by absolute purchase.

Description of the Land

The following land at Kerċem, Gozo:

A plot of land measuring about 512 square metres, bounded on the South by property of Jennifer Calleja, on the South East by property of William Xerri and on the North West by property of Teddy Grech et or more precise boundaries.

The above-mentioned land is being acquired in connection with an archaeological site in Għar Girduf, Kerċem, Gozo.

The land is shown delineated with the colour red and marked as plot '4A' on plan P.D. No. 2010_725_A, which may be viewed on demand at the Lands Authority, Auberge de Baviere, Valletta.

The compensation offered for the above mentioned land is eighty one thousand Euros (€81,000), according to the valuation made by Architect Dr Edwin Mintoff, an extract of which is being published with this declaration.

A site plan showing the mentioned immovable property is being published with this declaration.

(Sgd) Judge Emeritus C. Farrugia Sacco

Chairman Lands Authority

This site plan is being published on page 921.

Architect's Valuation (Original in Maltese)

Valuation of a portion of land, at Għar Girduf, Kerċem Gozo, required for expropriation purposes for a public purpose.

As instructed by the Chairman of the Land Authority, in terms of Government Lands Act, Chapter 573 of the Laws of Malta, I am assessing the freehold and unencumbered value of the property described hereunder at Għar Girduf, Kerċem Gozo, which is required by the Government for a public purpose, and this after having considered the locality, size, shape, state and potential, in terms of the plans and boundaries of the development zone as officially published by the Planning Authority, as well as the value of similar properties nearby and other matters which may effect the value of the same property.

A plot of land measuring about 512 square metres, bounded on the South by property of Jennifer Calleja, on the South East by property of William Xerri and on the North West by property of Teddy Grech et or more precise boundaries, is shown delineated with the colour red and marked as plot '4A' on plan P.D. No. 2010_725_A and is being valued for eighty one thousand Euros (€81,000).

Note: This is an extract of the original report given by me on the 12th December, 2018. The extract of the report is being made to be attached and published with the declaration.

(Sgd) Architect Dr Edwin Mintoff

Notice is hereby given that I have received an application for the registration of and/or amendment to rules regulating the following condominia:

Dr Marlin Vella, LLD

f/Land Registrar

Government Grant on the Purchaseof Environment-friendly Vehicles

The Ministry for Transport, Infrastructure and Capital Projects in conjunction with the Authority for Transport in Malta, will be launching a grant scheme to incentivise the purchase of new M1 motor vehicles whilst at the same time reducing the number of old motor vehicles from the road.

Subject to various conditions, the amount of the grant shall be up to a maximum of €1,500, which shall be given upon the purchase of a new Category M1 motor vehicles and a grant of €2,000 upon registering a new Category M1 hybrid vehicles whilst at the same time de-registering a vehicle in the same category.

The scheme commences on the 1st January 2019, on a first come first serve basis.

THE SCHEME

1. Interpretation

For the purpose of the scheme, unless the context otherwise requires:

'applicant' means the person applying for the grant under this scheme and who, apart from being a person residing in Malta, is the purchaser of a new M1 vehicle as defined hereunder;

'application' means the application made for a grant under this scheme;

'Authority' means the Authority for Transport in Malta set up under the provisions of the Authority for Transport in Malta Act (Cap. 499);

'certificate of conformity' means the document set out in Annex IX of Directive 2007/46/EC, issued by the manufacturer and certifying that a vehicle belonging to the series of the type approved in accordance with that Directive complied with all regulatory acts at the time of its production;

'vehicle registration certificate' means the vehicle registration certificate issued by the Authority providing proof of registration of the motor vehicle.

'CO2 emissions' means the level of carbon dioxide emissions for a vehicle measured in accordance with Directive 80/1268/EEC as amended and contained in the relevant EC type-approval certificate or certificate of conformity, and where the vehicle is not type-approved, for that particular vehicle the emissions level contained in a document acceptable to the Authority;

'authorised treatment facility' has the same meaning as assigned to it in the Registration and Licensing of Motor Vehicles Regulations (SL368.02);

'grant' means the grant being given under this scheme to the purchaser of a motor vehicle which satisfies the requirements of paragraph 4 (ii);

'Malta' means the Maltese Islands;

'Minister' means the Minister responsible for Transport, Infrastructure and Capital Projects;

'person' means a natural person;

'person residing in Malta' means a natural person who either holds a legally valid identification document issued in terms of the Identity Card and other Identity Documents Act (Cap. 258) or who has a residence permit or a letter issued from the expatriate office at the Ministry of Foreign Affairs;

'registered owner' means the person in whose name a motor vehicle is registered by the Authority;

'Member State' means a Member State of the European Union;

'registration tax' means the registration tax charged and levied in terms of the Motor Vehicles Registration and Licensing Act (Cap. 368);

'de-registered' means, for the purpose of this scheme, the permanent removal of a motor vehicle from its registration with Transport Malta and thereafter, that motor vehicle shall never be registered again to be used on the road in Malta;

'European Union' has the same meaning as is assigned to it by article 2 of the European Union Act (Cap. 460), and includes Norway, Iceland and Liechtenstein;

'private use' means any use other than for hire or reward or financial gain;

'new motor vehicle' means an M1 vehicle which has never been registered in any country;

'hybrid vehicle' means for the purpose of this scheme, a new motor vehicle having at least two different energy converters and two different energy storage systems for the purpose of vehicle propulsion, used for the carriage of persons and which may carry no more than eight passengers in addition to the driver with emission between 40 and 65 g/km and its length does not exceed 4460mm as certified on the certificate of conformity, and is licensed only for private use;

'de-registered vehicle' means a motor vehicle which has been de-registered;

'M1 vehicle' means, for the purpose of this scheme, a new motor vehicle used for the carriage of persons and which may carry no more than eight passengers in addition to the driver.  The CO2 emissions of which do not exceed 130g/km and its length does not exceed 4460mm as certified on the certificate of conformity, and is licensed only for private use;

'used motor vehicle' means a motor vehicle that has been registered;

'purchaser' means the person buying the new vehicle from another country or from the local agent or dealer, having that vehicle registered in his name and being the applicant for the grant under this scheme;

2. Area of applicability

2.1 The scheme applies to a person residing in Malta who:

owns an M1 vehicle which is at least 10 years old from year of manufacture, provided that such vehicle:

shall have been registered, garaged or licensed with the Authority in the applicant's name prior to the 22nd October 2018,

shall continue to be so registered, garaged or licensed until the date of application for the grant, and

is de-registered at an authorised treatment facility; 

or

did not have any motor vehicle (M1 category) registered, garaged or licensed in his name with the Authority on the 22nd October 2018, but who has acquired and has registered, garaged or licensed in his name with the Authority an M1 vehicle which is at least 10 years old from year of manufacture after that date, provided that it is de-registered at an authorised treatment facility.

2.2. A grant of:

€900 or the equivalent to the amount of registration tax paid on that particular vehicle up to a maximum of €1,500 will be given to persons registering a new Category M1 vehicle with CO2 emission levels up to 100g/km,

€800 will be given to persons registering a new Category M1 vehicle with CO2 emission levels between 101 and 130g/km,

€2,000 will be given to persons registering a new category M1 hybrid vehicle with CO2 emissions between 40 and 65 g/km.

Every eligible person shall be entitled to only one grant under this scheme.

3. Manner of application and supporting documents

An application for a grant under this scheme shall be made by the purchaser in the form set out in the schedule to this scheme and shall contain all the information, details and documents as required in the said form and in terms of this scheme,

The application shall be accompanied by a destruction certificate issued by the approved destruction facility certifying that the vehicle has been scrapped,

Applications under this scheme, together with all the relevant documents, shall be submitted or sent by post by the applicant to the Vehicle Licensing Unit, A3, Towers, Arcade Street, Paola, between 7.30 a.m. and 12.00pm and between 1.00pm and 2.30pm during working days.

4. Eligibility

To be eligible, an applicant shall conform to sub-section 2.1 and 2.2 of Section 2.

To qualify, the new (M1) motor vehicle shall:

be Euro Standard 6b or 6c in accordance with Commission Regulation (EC) 459/2012 as certified on the Certificate of Conformity;

have CO2 emissions between 0-130 g/km as certified on the Certificate of Conformity;

have a length that does not exceed 4460mm as certified on the Certificate of Conformity;

not have been registered before the 1st January 2018;

be licensed for private use.

To qualify, the motor vehicle to be de-registered shall:

be at least ten (10) years old on the date of application, the age of the vehicle being determined as the calendar year as on the date of application less the year of manufacture as certified on the vehicle registration certificate;

have been registered, garaged or licensed with the Authority in the name of the applicant on the date of application, as shown on the vehicle's registration certificate or as confirmed by the Authority;

once de-registered, the motor vehicle shall be destroyed in accordance with the provisions of Part VIII of the Registration and Licensing of Motor Vehicles Regulations (SL368.02).

To qualify, an applicant shall not have benefitted from the grant schemes on the purchase of more environment-friendly cars which were in force between the years 2010 and 2018 and including the Government Grant on the purchase of electric vehicles.

5. Payment of Grant

Where an applicant qualifies for the grant, the grant shall be paid directly to that applicant.

The grant would also be payable when the customer enjoys an exemption from registration tax and, in such a case, separate financial arrangements are made.

The grant given to the purchaser shall not be assessed as income for income tax purposes.

6. Validity of application

An application shall not be deemed to have been submitted by the applicant unless it is completed in full and is accompanied by all the relevant documents.  If the application is not completed correctly and the relevant documents are not included, the claim for the grant shall not be processed unless the missing information is provided.  The Authority shall write to the applicant advising him of the information required.

7. Refund of grant if the vehicle is transferred

The new motor vehicle purchased by the applicant shall remain registered in his name for a period of at least thirty-six (36) months from the date of first registration.  If the registered owner of a new motor vehicle on which a grant has been provided under this scheme, transfers the said vehicle, for any reason other than a transfer causa mortis to a heir, to a third party before the expiry of the thirty-six month period, then that person shall refund the grant received to the Authority.

8. Duration of scheme

This scheme shall remain into force for a maximum period of twelve months beginning on the 1st January, 2019 unless modified or terminated beforehand by a Notice in the Government Gazette.  The scheme shall be automatically terminated when the total amount of the grants reach the amount of €1,500,000. Notwithstanding, Government may terminate the scheme at any time by giving prior notice.

The scheme may be renewed as deemed necessary by the Minister by a Notice in the Government Gazette.

9. Amendments to the scheme

The Minister responsible for Transport, Infrastructure and Capital Projects shall have the right to make any amendments to this scheme by a Notice in the Government Gazette.

10. Fraudulent claims

Where a fraudulent claim arises, the Minister responsible for Transport, Infrastructure and Capital Projects may institute criminal proceedings against those responsible.  In the event of an incorrect payment of a claim, the Ministry responsible for Transport, Infrastructure and Capital Projects reserves the right to recover funds paid in error.

11. VAT refunds

Persons who receive a grant under this scheme shall not be eligible for any VAT refunds on the purchase of the new vehicle on which such a grant has been paid.

Government Grant on the purchase of Wheelchair Accessible Vehicles to be used as Taxis or Vehicles for Hire with a Driver or Passenger Transport Vehicles.

The Ministry for Transport, Infrastructure and Capital Projects, together with the Authority for Transport in Malta, is offering an incentive in the form of a financial grant for the licensing as Taxis, or Vehicles for Hire with a Driver, or Passenger Transport Vehicles of new M1 or M2 Category vehicles which are wheelchair accessible so that persons who make use of wheelchairs may have easy and unaided access to these transport services.

Through this scheme persons who own a Taxi licence, a Public Service Garage licence for the hiring of Vehicles with a Driver or an Operator's Licence for the Carriage of Passengers by Passenger Transport Vehicles may receive a grant amounting to €10,000 when licensing a new M1 or M2 Category vehicle which is wheelchair accessible to be used as a Taxi, or as a Vehicle for Hire with a Driver or as a Passenger Transport Vehicle, and at the same time de-register another M1, N1 or M2 category  vehicle which is at least 10 years old from its year of manufacture, which had a valid circulation licence issued in Malta for the past five years and which is registered and licensed in their name.

The scheme is deemed to have come into effect on the 1st of January 2019 and shall be limited to 10 vehicles – 5 which shall be registered as Taxis,  and 5 which may be registered as Vehicles for Hire with a Driver or Passenger Transport Vehicles - on a first come first served basis. The scheme shall remain open until the 31st of December 2019 or until the allocated budget of €100,000 is exhausted.

The conditions of this scheme are without prejudice to the requirements stipulated in the Taxi Services Regulations (S.L.499.59), the Motor Vehicles Regulations (S.L.65.11), the Passenger Transport Services Regulations (S.L.499.56) and the Authority for Transport in Malta's standing Policy concerning the issuing of licences for Public Service Garages (PSG); and such requirements shall apply at all times unless otherwise specified.

The Scheme

Interpretation

For the purpose of this scheme, unless the context otherwise requires:

'applicant' means the individual person, registered company or partnership applying for the grant under this scheme and who is the owner of a Taxi Licence, a Public Service Garage licence for the Hiring of Vehicles with a Driver, or an Operator Licence for the Carriage of Passengers;

'application' means the application made for a grant under this scheme;

'Authority' means the Authority for Transport in Malta set up under the provisions of the Authority for Transport in Malta Act (Cap. 499);

'certificate of conformity' means the document set out in Annex IX of Directive 2007/46/EC, issued by the manufacturer and certifying that a vehicle belonging to the series of the type approved in accordance with that Directive complied with all regulatory acts at the time of its production;

'vehicle registration certificate' means the vehicle registration certificate issued by the Authority providing proof of registration of the motor vehicle;

'Euro Standard' means and corresponds to the dates set out in the current EU Directives and Regulations establishing emission limits for the registration of new motor vehicles;

'grant' means the grant being given under this scheme to the purchaser of a wheelchair accessible vehicle to be licensed as a Taxi, or as a Vehicle for Hire with a Driver, or as a passenger transport vehicle;

'registered company' has the same meaning as is assigned to it under Article 2 of the Companies Act (Cap. 386);

'licence' means the circulation licence issued on a motor vehicle to be driven on the road and which is to be renewed annually;

'Public Service Garage Licence' has the same meaning as is assigned to it in regulation 62 of the Motor Vehicles Regulations (S.L. 65.11);

'operator licence for the carriage of passengers' means a licence to operate passenger transport vehicles in accorance with the Passenger Transport Services Regulations (S.L.499.56);

'Taxi licence' has the same meaning as is assigned to it in the Taxi Services Regulations (S.L.499.59);

'Malta' means the Maltese Islands;

'person' means a natural person;

'person residing in Malta' means a natural person who either holds a legally valid identification document issued in terms of the Identity Card and other Identity Documents Act (Cap. 258) or who has a residence permit or a letter issued from the expatriate office at the Ministry of Foreign Affairs;

'Public Service Garage (PSG) Policy' means a document published by the Authority for Transport in Malta which lays down the conditions for the issuing and running of a Public Service Garage Licence;

'registered owner' means the person, registered company or partnership in whose name a motor vehicle is registered by the Authority;

'partnership' includes an association, which is not registered under the Companies Act (Cap.386), between two or more persons;

'Member State' means a Member State of the European Union;

'de-registration' means the permanent removal of a motor vehicle from its registration with the Authority for Transport in Malta and thereafter, that motor vehicle shall never be registered again to be used on the road in Malta;

'wheelchair accessible vehicle' means an M1 or M2 category motor vehicle that allows easy and unaided access to persons who make use of wheelchairs.

'passenger transport vehicle' has the same meaning as is assigned to it in the Passenger Transport Services Regulations (S.L.499.56);

'Category M1 vehicle' means a motor vehicle used for the carriage of persons and which may carry no more than eight passengers in addition to the driver;

'Category M2 vehicle' means a motor vehicle used for the carriage of persons comprising more than eight seats in addition to the driver's seat, and having a maximum mass not exceeding 5 tonnes;

'Category N1 vehicle' means a motor vehicle used for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes;

'new motor vehicle' means a motor vehicle which has never been registered in any country;

'Vehicle for Hire with a Driver' means a motor vehicle registered under a Public Service Garage Licence so that it may be hired out with a driver and, unless otherwise specified, does not include a self-drive vehicle for the purpose of being driven by the hirer;

'de-registered vehicle' means a Category M1, N1 or M2 motor vehicle which has been de-registered;

'European Union' has the same meaning as is assigned to it by article 2 of the European Union Act (Cap. 460), and includes Norway, Iceland and Liechtenstein;

Area of applicability

2.1 The scheme applies to persons residing in Malta, to registered companies and partnerships if that person, company or partnership:

is the registered owner of a Taxi licence; or

is the holder of a Public Service Garage licence; or

is the holder of an Operator Licence for the Carriage of Passengers; and

is the registered owner of an M1, N1 or M2 motor vehicle which is at least 10 years old from the year of manufacture and which had a valid circulation licence issued in Malta for the past five years, provided that such vehicle shall continue to be so registered and licensed until the date of application of the grant, and is de-registered at the time of the registration of the wheelchair accessible vehicle.

2.2. Every person, registered company or partnership shall be entitled to only one grant under this scheme.

Manner of application and supporting documents

The following application process for this grant scheme shall apply:

In the case of a vehicle being ordered that is already adapted for wheelchair access:

Before the vehicle is ordered, the applicant shall submit the following documents for the Authority's approval:

the vehicle's technical details;

form WAV1 duly filled and signed by the applicant;

copy of a legally valid identification document of the applicant;

details of the vehicle to be deregistered;

When the vehicle is ordered the applicant shall present the Authority with a copy of the order so that the grant may be reserved on his behalf;

When the vehicle arrives in Malta, the agent or the applicant shall submit the certificate of conformity, detailing the vehicle's chassis number and technical details so that it can be registered and licensed for use on the road;

If the vehicle is to be licensed as a Taxi, the applicant shall also submit form TX-A1 indicating what shall happen to the vehicle registered under the Taxi Licence up to that moment;

If the vehicle is to be registered as a Vehicle for hire with a Driver, the applicant shall submit the most recent Public Service Garage licence Certificate;

If the vehicle is to be registered as Passenger Transport Vehicle, the applicant shall submit form CPOL-A3 to add the vehicle under the applicant's Operator's Licence for the Carriage of Passengers;

At the same time when the wheelchair accessible vehicle is to be licensed for use on the road, the applicant shall submit a certificate of destruction issued by an authorised treatment facility certifying that the vehicle which is at least 10 years old from its year of manufacture and which had a licence issued in Malta for the past five years has been destroyed in the same facility and therefore may be de-registered by the Authority.

In the case of a vehicle being ordered that is not already adapted for wheelchair access, and which will be so modified in Malta:

Before the vehicle is ordered, the applicant shall submit the following documents for the Authority's approval:

the vehicle's technical details;

form WAV1 duly filled and signed by the applicant;

a vehicle modification proposal prepared and signed by a warranted Mechanical Engineer;

copy of a legally valid identification document of the applicant;

details of the vehicle to be deregistered;

When the vehicle is ordered, the applicant shall present the Authority with a copy of the order so that the grant may be reserved on his behalf;

When the vehicle arrives in Malta, the agent or the applicant shall submit the certificate of conformity, detailing the vehicle's chassis number and technical details so that it can be registered and garaged;

The vehicle shall be immediately taken to the place where it shall be modified, and the modification shall be done according to the engineer's modification proposal as approved by the Authority;

The modified vehicle shall be presented for inspection at the Authority's Technical Unit, along with a report prepared by a warranted Mechanical Engineer certifying that the modifications done to the vehicle are safe;

When the vehicle is approved by the Technical Unit, it may be licensed for use on the road;

If the vehicle is to be licensed as a Taxi, the applicant shall also submit form TX-A1 indicating what shall happen to the vehicle registered under the Taxi Licence up to that moment;

If the vehicle is to be registered as a Vehicle to be Hired with a Driver, the applicant shall submit the most recent Public Service Garage licence Certificate;

If the vehicle is to be registered as Passenger Transport Vehicle, the applicant shall submit form CPOL-A3 to add the vehicle under the applicant's Operator's Licence for the Carriage of Passengers;

At the same time when the wheelchair accessible vehicle is to be licensed for use on the road, the applicant shall submit a certificate of destruction issued by an authorised treatment facility certifying that the vehicle which is at least 10 years old from its year of manufacture and which had a valid licence issued in Malta for the past five years has been destroyed in the same facility and therefore may be de-registered by the Authority.

Applications under this scheme, together with all the relevant documents, shall be submitted or sent by the applicant to the Road Transport Licensing Unit, Transport Malta, Level 0, A3 Towers, Arcade Street, Paola between 7.30 a.m. and 3.00 p.m. during working days.

Eligibility

To be eligible, an applicant shall conform with subsections 2.1 and 2.2 of Section 2, and with all applicable conditions and regulations stipulated in the Taxi Services Regulations (S.L.499.59), the Motor Vehicles Regulations (S.L.65.11), the Passenger Transport Services Regulations (S.L.499.56) and PSG Policy of the Authority for Transport in Malta;

To qualify for the grant, a wheelchair accessible vehicle shall be:

a new M1 or M2 category motor vehicle complying with Euro Standard 6 in accordance with Regulation (EC) No. 459/2012, as certified on the vehicle's Certificate of Conformity;

manufactured in a way so that a person using a wheelchair may access the vehicle easily and unaided, and may be transported in the vehicle safely; or

modified locally, as approved by the Authority's Technical Unit, so that a person using a wheelchair may access the vehicle easily and unaided, and may be transported in the vehicle safely. Such modification shall not take longer than 3 months from the date of the vehicle's registration in Malta to be completed;

licensed for use on the road as a taxi, a vehicle for hire with a driver or a passenger transport vehicle by not later than 31st December 2019.

To qualify, a motor vehicle that shall be de-registered shall:

have at least ten (10) years on the date of application, with the age being calculated by deducting the vehicle's year of manufacture shown on the vehicle's registration certificate from the year in which the application is submitted;

have been licensed in Malta for the past five years and issued with a circulation licence by the Authority in the name of the applicant on the date when the vehicle is to be de-registered, as shown on the vehicle's registration certificate or as confirmed by the Authority;

have been transferred to an authorised treatment facility;

have to be de-registered in terms of Part VIII of the Registration and Licensing of Motor Vehicles Regulations (S.L.368.02) not more than 5 working days before the wheelchair accessible vehicle is registered.

The grant given shall not be assessed as income for tax purposes.

The scheme will be limited to:

5 taxi vehicles; and

5 vehicles for hire with a driver or passenger transport vehicle;

on a first-come-first-served basis.

Payment of Grant

Where an applicant qualifies for the grant, such grant shall be paid directly to that applicant when the wheelchair accessible vehicle is licensed for the first time as a Taxi, or as a Vehicle for Hire with a Driver, or as a Passenger Transport Vehicle.

Validity of application

An application shall not be deemed to have been submitted by the applicant unless it is completed in full and is accompanied by all the relevant documents. If the application is not completed correctly and the relevant documents are not included, the claim for the grant shall not be processed unless the missing information is provided. The Authority for Transport in Malta shall write to the applicant advising him of the additional information required.

Refunding of grant

The new motor vehicle purchased by the applicant for the grant shall remain registered in his name as a Taxi, or as a Vehicle for Hire with a Driver, or as a Passenger Transport Vehicle for a period of at least thirty-six (36) months from the date of first registration. If the registered owner of a wheelchair accessible vehicle on which a grant has been granted under this scheme transfers the said vehicle for any reason, other than a transfer causa mortis to an heir to a third party, or does not keep the wheelchair accessible vehicle licensed as a Taxi, or as a Vehicle for Hire with a Driver, or as a Passenger Transport Vehicle before the expiry of the thirty-six month period, then that person shall refund the grant received to the Authority.

Duration of scheme

This scheme shall remain in force until the 31st December 2019 unless modified or terminated beforehand by a Notice in the Government Gazette. The scheme shall be automatically terminated when the total amount of approved grants reach the amount of €100,000.

Amendments to the scheme

The Minister responsible for Transport, Infrastructure and Capital Projects shall have the right to make any amendments to this scheme by a Notice in the Government Gazette.

Fraudulent claims

Where a fraudulent claim arises, the Minister responsible for Transport, Infrastructure and Capital Projects may institute criminal proceedings against those responsible. In the event of an incorrect payment of a claim, the Ministry responsible for Transport, Infrastructure and Capital Projects reserves the right to recover funds paid in error.

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: