Government Notices published in Govt. Gazette No. 20,290 of 5 November 2019

IT is notified for general information that, acting on the advice of the Prime Minister, the President of Malta has directed that the Hon. Chris Fearne. MD, FRCS(Ed), MP, Deputy Prime Minister and Minister for Health, assumes the additional duties of Prime Minister, on Tuesday, 5th November, 2019, during the absence from Malta of the Hon. Joseph Muscat, KUOM, BCom., BA (Hons), MA (European Studies), PhD (Bristol), MP.

IT is being notified for general information that in accordance with the Commissioners for Justice Act (Cap. 291), the Prime Minister approved the renewal of appointment as Commissioner for Justice for a period of two years with effect from the 1st November, 2019, of:

Dr Renata Formosa LLD, and

Dr Alessandro Lia LLD

IT is notified for general information that the following  Legal  Notices  were  published  in  the  Supplement  to  the Government Gazette No. 20,286 of the 29th October, 2019.

L.N. 276 of 2019: Local Government Act (Cap. 363); Local Government (Procedures) (Amendment No. 2) Regulations, 2019.

L.N. 277 of 2019: Local Government Act (Cap. 363); Presidents of the Regions, Mayors, Deputy Mayors, Local Councillors and Presidents of the Associations' Allowances (Amendment) Regulations, 2019.

IT is hereby notified for general information that, in exercise of the powers conferred by Article 21 of the Malta Financial Services Authority Act (Cap. 330), the Parliamentary Secretary for Financial Services, Digital Economy and Innovation has appointed Dr Joseph Sammut as a substitute member of Dr Ivan Sammut.

Board of Governors

IT is hereby notified for general information that, in terms of the powers conferred upon him by Article 1 of the First Schedule of the Gaming Act (Cap. 583), the Parliamentary Secretary for Financial Services, Digital Economy and Innovation has appointed the Board of Governors of the Malta Gaming Authority, as follows:

Acting Chairman

Mr Heathcliff Farrugia

Deputy Chairman

Dr Chris Cilia

Members

Dr Juliana Scerri Ferrante

Ms Ruth Trapani Galea Feriol

Mr Caesar Grech

Mr Roberto Francalanza

Ms Jacqueline Grech

Secretary

Dr Mikiel Calleja

These appointments are valid for one (1) year with effect from 1st October, 2019.

IT is hereby notified for general information that, in terms of the powers conferred upon him by Article 3 of the Malta Communications Authority Act (Cap. 418), the Parliamentary Secretary for Financial Services, Digital Economy and Innovation has appointed the Board of the Malta Communications Authority, as follows:

Acting Chairman

Mr Jesmond Bugeja

Members

Mr Mario Fava

Ms Graziella Farrugia

Mr Mark Musù

Dr Alexandra Mizzi

Ms Isabella Vella

Mr Kevin Abela

These appointments are valid for one (1) year with effect from 1st October, 2019.

Board of Governors

IT is hereby notified for general information that, in terms of the powers conferred upon him by Article 5 of the Malta Digital Innovation Authority Act (Cap. 591), the Parliamentary Secretary for Financial Services, Digital Economy and Innovation has appointed the Board of Governors of the Malta Digital Innovation Authority, as follows:

Chairman

Dr Joshua Ellul

Members

Ms Lara Boffa

Mr Nigel Vella

Mr Omar Vella

Mr Sandro Micallef

Mr Loui Mercieca

Ms Patrizia Busuttil

Ms Charmaine Tanti Camilleri

Mr Nathaniel Falzon

Secretary

Dr Douglas Aquilina

These appointments are valid for one (1) year with effect from 1st November, 2019.

Grant on the Purchase of Special Equipment for Use by Persons with Disability

WITH reference to Government Notice number 951, that was published on the 1st September, 2017, in Government Gazette number 19,587, and subsequently amended by Government Notice number 164, that was published on the 9th February, 2018, in Government Gazette number 19,946, this grant scheme is being revoked as from 1st January, 2020, subject to the conditions in clause 5(c) below, and replaced as follows. In order to implement the Measures identified in the Budget, and in order for the Government to assist persons with disability that need to purchase special equipment required to live an independent life, the Ministry for Finance issued the following scheme:

1. Interpretation

In this scheme, unless the context otherwise requires:

'applicant' means any person who is a resident in Malta and who is registered as a person with disability with the Commission for the Rights of Persons with Disability, or any other person or entity applying in the name of a disabled person who is registered as disabled with the Commission for the Rights of Persons with Disability;

'application' means the application for this scheme;

'effective date' means the 1st Janaury 2020;

'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;

'entity' means an organisation that is registered as a Non-Governmental Organisation with the Commission for Voluntary Organisations;

'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 under the same Act;

'special equipment' means any type of equipment that is included in schedule (B) that is annexed to this notice and that is intended for the use of persons with disability and specifically aimed to improve their level of life and independence;

'purchase price of the equipment' means the total purchase price of the complete equipment including VAT and which purchase price has 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 on the purchase price of the special equipment by the applicant, and which equipment is purchased by the applicant on the effective date or afterwards during the duration of this scheme.

3. Expenditure to be reported

The expenditure to be reported is in respect of the purchase price of the special equipment as defined in paragraph 1 above.

4. Manner of application and supporting documents

(i) Applications under this scheme shall be made either on the form set out in schedule (A) annexed to this scheme, and shall contain all the information, details and documents as required in the said form and in terms of this scheme, or else via the official electronic portal/s.

(ii) Submission of application

Applications submitted by hand or post shall include the following:

(a) the Special Identity Card number of the person with disability for whom this application is being made, as issued by the Commission for the Rights of Persons with Disability;

(b) in the case where an application is being made in the name of a person with disability, a copy of the Identity Card of the applicant, or, in the case of the lack of an Identity Card, a copy of any other official document of identity as referred to in the interpretation of a 'person residing in Malta' in paragraph 1 of this scheme;

(c) in the case of an entity that is applying on behalf of a person with disability, the registration number with the Commission for Voluntary Organisations, together with the details of the person with disability on behalf of whom that entity is applying. The details shall include the name of the person with disability who is going to benefit from the equipment, the address and the Special Identity Card number of the person on behalf of whom the entity is applying;

(d) the original fiscal receipt relating to the purchase of the special equipment, together with the original invoice indicating the type of special equipment purchased.

In the case of special equipment not purchased from Malta the original invoice issued by the supplier indicating the type of special equipment 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. These documents must confirm that the special equipment was really purchased; that the purchase price of the special equipment 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 applicant; and that the special equipment was delivered to the applicant's residence or to the residence of the person with disability for whom the application would have been made. The special equipment must also have a certificate of conformity with EU Standard Safety Regulations, as may be required;

(e) any other document which the Minister for Finance may, from time to time, require.

Applications submitted via the official electronic portal/s.

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 Office of the Commissioner for Revenue 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 special equipment not purchased from Malta the original invoice issued by the supplier indicating the type of special equipment 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 special equipment was really purchased; that the purchase price of the special equipment 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 applicant; and that the special equipment was delivered to the applicant's residence or to the residence of the person with disbility for whom the application would have been made.  The special equipment must also have a certificate of conformity with EU Standard Safety Regulations, as may be required; 

(iii) 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 paragraph 5 of this scheme.

(iv) Applications under this scheme, and where applicable the documents required to be submitted with the application should be submitted by not later than three months from the purchase of the special equipment. 

Application forms can be:

Submitted by hand at Ċentru Servizz Familja, Emvin Cremona Street, Floriana FRN 1290;

Sent by post to Aġenzija Sapport at the address Patri Ġwann Azzopardi Street, Santa Venera SVR1614;

Submitted via the official electronic portal/s.

It is recommended that if documents are sent by post, registered mail should be used. Application forms are available on (www.finance.gov.mt) or on (www.sapport.gov.mt). 

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

5. Grant payable under this scheme

(a) Eligible applicants may apply for a grant of not more than 4.5% on the purchase price of the special equipment as listed in part one of schedule (B) and for a grant of not more than 17.5% on the purchase price of the special equipment as listed in part two of schedule (B), subject to a maximum capping of €1,000.

(b) This capping will be applicable for a five year period from when the individual would have benefitted from the first grant.  Therefore an individual is able to apply multiple times for this grant scheme but the cumulative amount of the grant/s received cannot be more than the indicatedmaximum capping.  This will apply for a period of five years. 

(c) In case of  persons who have already benefited from the grant of the previous scheme related to the purchase of special equipment for use by persons with disability, applicable conditions under clause 5 of the grant scheme issued in terms of Government Notice number 951, that was published on the 1st September, 2017, in Government Gazette number 19,587, and  as subsequently amended by Government Notice number 164, that was published on 9th February, 2018, in Government Gazette number 19,946, shall be kept in force within their terms and conditions and shall continue to be effective and binding, subject that the maximum capping shall be €1,000. This capping will be applicable for a five-year period from when the individual would have benefitted from the first grant and the cumulative amount of the grant/s received cannot be more than the indicated maximum capping even if this was obtained in virtue of the said grant published by Government Notices number 951 and subsequently amended by Government Notice 164.

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: 

it is full and complete in all material aspects; 

it is accompanied by all the relevant documentation/ details as required; 

it is submitted to the indicated office by not later than three months from the date of purchase of the special equipment as is stipulated in paragraph 4 of this scheme.

8. Duration of the scheme

This scheme shall remain in force from the 1st January 2020 and up until 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 as such shall be thus published in another Notice in the Government Gazette.  

9. Amendments to the scheme

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

10. Transitory provisions

Application made under the grant scheme issued in terms of Government Notice number 951, which was subsequently amended by Government Notice number 164, relating to the expenditure on the purchase price of special equipment, and which purchase was carried out between date of publication of this Notice and 31st December, 2019, shall be deemed to be valid applications and will continue to be accepted up to 31st December, 2019.

SCHEDULES

Schedule A – Application Form (page 23,951)

Schedule B – List of Eligible Special Equipment (page 23,953)

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 Marco Buttigieg to be Notary delegate and keeper of the Acts for Notary Dr Pamela Mifsud Bonnici for the period between the 31st October, 2019, and the 5th November, 2019.

Today, Friday, 1st November, 2019

JANET CALLEJA

F/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: