Government Notices published in Govt. Gazette no. 20,459 of 11 August 2020

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

Act No. XLVII of 2020 entitled the Civil Code and Various Laws (Amendment) Act, 2020; and

Act No. XLVIII of 2020 entitled the Residual Balances Fund Act, 2020.

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 20,454 of the 4th August, 2020, No. 20,455 of the 5th August, 2020, and No. 20,456 of the 7th August, 2020, respectivley.

L.N. 318 of 2020: Medicines Act (Cap. 458); In Vitro Diagnostic Medical Devices (Amendment) Regulations, 2020.

L.N. 319 of 2020: Medicines Act (Cap. 458); Active Implantable Medical Devices (Amendment) Regulations, 2020.

L.N. 320 of 2020: Medicines Act (Cap. 458); Medical Devices (Amendment) Regulations, 2020.

L.N. 321 of 2020: Medicines Act (Cap. 458); Medical Devices and In-Vitro diagnostic Medical Devices Provision on the Maltese Market Regulations, 2020.

L.N. 322 of 2020: Public Health Act (Cap. 465); Organised Public Mass Events Regulations, 2020.

L.N. 323 of 2020: Commissioners for Justice Act (Cap. 291); Commissioners for Justice Act (Schedule) (Amendment No. 3) Regulations, 2020.

L.N. 324 of 2020: Environment Protection Act (Cap. 549); Conservation of Wild Birds (Declaration of a Derogation for the Control of Birds in the Interest of Air Safety for period 2020–2021) Regulations, 2020.

L.N. 325 of 2020: Public Health Act (Cap. 465); Organised Public Mass Events (Amendment) Regulations, 2020.

L.N. 326 of 2020: Public Health Act (Cap. 465); Mandatory Use of Medical or Cloth Masks Regulations, 2020.

Period of Quarantine Order, 2020

The Superintendent of Public Health notifies that in accordance with article 2 (1) of the Period of Quarantine Order, 2020, the quarantine of the person travelling from Los Angeles International Airport, United States of America on the 20th June, 2020, with connecting flight from Heathrow, United Kingdom with scheduled arrival in Malta on 9th August, 2020, at 15.05hrs shall be subject to those conditions of quarantine as communicated to her by the Superintendent.

Period of Quarantine Order, 2020

The Superintendent of Public Health notifies that in accordance with article 2 (1) of the Period of Quarantine Order, 2020, the quarantine of the person travelling from Philadelphia International Airport, United States of America on the 9th August, 2020, with connecting flights from Boston Logan International Airport, United States and Heathrow, United Kingdom with scheduled arrival in Malta on 11th August, 2020, at 15.05hrs shall be subject to those conditions of quarantine as communicated to her by the Superintendent.

Period of Quarantine Order, 2020

The Superintendent of Public Health notifies that in accordance with article 2 (1) of the Period of Quarantine Order, 2020, the quarantine of the person travelling from Harstfield Jackson Atlanta International Airport, United States of America on the 11th August, 2020, with connecting flights from Miami International Airport, United States  and Heathrow, United Kingdom with scheduled arrival in Malta on 13th August, 2020, at 15.05hrs shall be subject to those conditions of quarantine as communicated to her by the Superintendent.

Period of Quarantine Order, 2020

The Superintendent of Public Health notifies that in accordance with article 2 (1) of the Period of Quarantine Order, 2020, the quarantine of the person travelling from Berlin, Germany on the 15th June, 2020, with connecting flight from Heathrow, United Kingdom with scheduled arrival in Malta  on 11th August, 2020, at 15.05hrs shall be subject to those conditions of quarantine as communicated to her by the Superintendent.

Period of Quarantine Order, 2020

The Superintendent of Public Health notifies that in accordance with article 2 (1) of the Period of Quarantine Order, 2020, the quarantine of the person travelling from Sheremetyevo International Airport, Russia  on the 11th August, 2020, with connecting flight from Heathrow, United Kingdom with scheduled arrival in Malta on 12th August, 2020, at 15.05hrs shall be subject to those conditions of quarantine as communicated to her by the Superintendent.

Period of Quarantine Order, 2020

The Superintendent of Public Health notifies that in accordance with article 2 (1) of the Period of Quarantine Order, 2020, the quarantine of the person travelling from Los Angeles International Airport, United States of America on the 8th August, 2020, with connecting flight from Heathrow, United Kingdom with scheduled arrival in Malta on 10th August, 2020, at 00.45hrs shall be subject to those conditions of quarantine as communicated to her by the Superintendent.

Warrants of Notary Public

It is notified that the persons listed hereunder, after having complied with the provisions of the mentioned Act, have been appointed Notary Public by Warrant of the President of Malta.

Chantelle Pauline Cauchi

Jessica Spiteri

Nancy Gatt

Daniel Vella

Maria Ellul

Bernice Camilleri

Rebecca Janelle Wellman

In exercise of the powers conferred by Article 113 of the Civil Code (Cap. 16), the Minister for Justice, Equality and Governance has made this Order whereby the Adoption Order dated 13th January, 2017, issued by the Regional Trial Court of Makati, in the Philippines, is being specified as an adoption of the person therein mentioned for the purposes of Articles 113 and 130 of the Civil Code.

(Sgd) Dr Edward Zammit Lewis

Minister for Justice, Equality and Governance

In exercise of the powers conferred by Article 113 of the Civil Code (Cap. 16), the Minister for Justice, Equality and Governance has made this Order whereby the Adoption Order dated 16th March, 2020, issued from the Court of District Judge Gorakhpur, in India, is being specified as an intercountry adoption of the person therein mentioned for the purposes of Articles 113, 130 and 130A of the Civil Code.

(Sgd) Dr Edward Zammit Lewis

Minister for Justice, Equality and Governance

In exercise of the powers conferred by Article 113 of the Civil Code (Cap. 16), the Minister for Justice, Equality and Governance has made this Order whereby the Adoption Order dated 8th August, 1983, issued by the Supreme Court of Hong Kong, is being specified as an adoption of the person therein mentioned for the purposes of Articles 113 and 130 of the Civil Code.

(Sgd) Dr Edward Zammit Lewis

Minister for Justice, Equality and Governance

Covid-19 Wage Supplement Schemeand Quarantine Leave Scheme Establishment of Board/s of Appeals

IN FURTHERANCE of the Covid-19 Wage Supplement Scheme established by means of Government Notice No. 389 and published in the Government Gazette No. 20,387 of 13th April, 2020, and the Quarantine Leave Scheme, the Minister for the Economy, Investment and Small Businesses has provided for the establishment of a Board/s of Appeals which shall be vested with the jurisdiction to hear appeals which may be lodged by any party which feels aggrieved by any decision taken by Malta Enterprise related   to any claim, request and/or application made with regards to the Covid-19 Wage Supplement Scheme and the Quarantine Leave Scheme. 

The Board/s of Appeals shall be regulated as per the terms and conditions stipulated in this Notice. 

1. Establishment and Functions of Board/s of Appeals 

1.1 There shall be established a Board/s of Appeals to hear appeals lodged by any party who feels aggrieved by any decision taken by Malta Enterprise with regard to the Covid-19 Wage Supplement Scheme and Quarantine Leave Scheme. 

1.2 The Board/s of Appeals shall be composed of the Permanent Secretary, Director and/or Assistant Director of the Ministry for the Economy, Investment and Small Businesses or their respective delegates and a lawyer. 

1.3 There shall also be a secretary who shall record the minutes of the proceedings. 

2. Filing of Appeal

2.1 Any person who feels aggrieved by any decision taken by Malta Enterprise with regards to the Covid-19 Wage Supplement Scheme and the Quarantine Leave Scheme shall have the right to lodge an appeal from such a decision in front of the Board/s of Appeals by not later than ten (10) working days from the date when Malta Enterprise communicates its final decision on the matter to such person OR by not later than ten (10) working days from the date when Malta Enterprise sends a letter containing the right of appeal OR within  fifteen (15) working days from publication of this notice within the Government Gazette, as applicable. 

2.2 The appeal shall be lodged by means of an objection letter sent by email to  (appeals-covid19MEsupplementscheme@gov.mt) or by registered post or personally by hand to the following address:

Ministry for the Economy, Investment and Small Businesses

1st Floor, Millenia Buildings

Triq Aldo Moro

Marsa 

2.3 The objection letter shall contain a concise and clear explanation of the reasons for the appellant's appeal against the decision given by Malta Enterprise and shall be accompanied by any supporting documentation. 

2.4 An administrative fee of fifty euro (€50) is to be paid upon filing of the appeal. Payment is to be made by means of a cheque payable to the Ministry for the Economy, Investment and Small Businesses or cash equivalent. Said cheque or cash equivalent must be submitted together with the objection letter at the address indicated above.   

2.5 In the event that an appeal is not accompanied by the said administrative fee, the appeal shall be considered null and void.

2.6 In the event that the appeal is upheld in toto or in parte by the Board, the administrative fee shall be refunded in its entirety to the appellant.  Should there be the need for a refund, the appellant will be required to provide the relevant bank details, including also the IBAN number, for the relative transfer of funds.  

3. Rules of Procedure

3.1 The Board/s of Appeals shall respect and apply the principles of good administrative behaviour which include the following:

(a) the appellant shall have the right to be heard and to produce any evidence (including witnesses and documentary evidence) which may be deemed fit to sustain the reasons for appeal;

(b) The appellant and any person called upon to be present during the proceedings shall have the right to be assisted by a lawyer, accountant or other consultant of own choice (a maximum of three (3) persons each party);

(c) The procedures in front of the Board shall be conducted in an informal and summary manner and the Board shall be obliged to render its decision by not later than ten (10) working days from the date when the appeal is heard; 

(d) The appeal shall be heard in one sitting which may be held either viva voce or by means of a video conference; 

(e) The Board shall not allow any pleas of a procedural nature and is to give a final decision which shall be of a substantive nature;

(f) The Board shall ensure that there shall be procedural equality between the appellant, Malta Enterprise and any other person present during the hearing and each party shall be given an equal opportunity to present its case, without being placed at a disadvantage;

(g) The Board shall ensure that Malta Enterprise makes available the documents and information relevant to the case  and  that  the appellant shall have access to these documents and information through the appeals board;

(h) Proceedings before the Board shall be adversarial in nature and all evidence admitted by such a tribunal shall, in principle, be made available to the parties with a view to adversarial argument;

(i) The judgment shall be communicated to the appellant and Malta Enterprise by means of email on the address which shall be provided by the parties for such purpose. Reasons in a concise and clear manner shall  be  given  for  the  judgement. 

3.2 The decision given by the Board shall be final and unappealable saving any other remedies available to the appellant in terms of general Law.

Scheduling of Property

The Planning Authority is hereby declaring the properties mentioned hereunder as included in the List of Scheduled Property (as shown on the map on page 6861) in terms of Article 57 of the Development Planning Act, 2016, and paragraphs 1.13, 2.27, and policies TO8, UO2 and RO4 of the Strategic Plan for the Environment and Development (SPED) as follows:

The buffer zone is to include those properties along Triq iż-Żejtun that are directly opposite the Grade 1 scheduled Villa Barbaro (as per GN 0158/09 dated 27.02.09). Within this buffer zone, the buildings cannot exceed the maximum building height of 15.4m (as per DC15). Additionally, care must be given to the design, colour and textures on the facades so that these elements can further mitigate any impacts on the context of the scheduled property.

The Planning Authority will exercise its powers of enforcement, as set out in Article 57 of the Act, in the case of any contravention to the provisions of the Development Planning Act 2016 as regards to scheduled property.

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: