Government Notices published in Govt. Gazette No. 20,832 of 12th April 2022

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 20,828 of 7th April, 2022 (Legal Notices 113 to 115) and No. 20,830 of 8th April, 2022 (Legal Notices 116 to 117), respectively.

L.n. 113 of 2022: Public Health Act (Cap. 465); Travel Ban (Extension to All Countries) (Amendment No. 4) Order, 2022.

L.n. 114 of 2022: Public Health Act (Cap. 465); Period of Quarantine (Amendment No. 5) Order, 2022.

L.n. 115 of 2022: Public Health Act (Cap. 465); Repealing Regulations, 2022.

L.n. 116 of 2022: Environment Protection Act (Cap. 549); Conservation of Wild Birds (Declaration on a Derogation for a 2022 Spring Hunting Season for Turtle Dove and Quail) Regulations, 2022.

L.n. 117 of 2022: Income Tax Act (Cap. 123), Double Taxation Relief on Taxes on Income with the Republic of Poland (Amendment) Order, 2022 (L.N. 64 of 2021); Commencement Notice.

IT is hereby notified for general information that the following person has been appointed Acting Deputy Executive Secretary of that Local Council with effect from 7th April, 2022:

Mr Godwin Warr, Director General (Commerce), resumed duties on 8th April, 2022, and the arrangements referred to in the Government Notice No. 351 of 5th April, 2022, are hereby being cancelled.                       

IT is hereby notified that, in virtue of article 94A(5) and (6) of the Notarial Profession and Notarial Archives Act (Chapter 55 of the Laws of Malta), Notary Doctor Edward Flores has resigned from his office as Notary Public and, by means of a Decree issued by the Court of Revision of Notarial Acts of the 11/3/2022, has been approved as a Review Officer of 'inter vivos' acts and listed with the non-practising notaries, and furthermore that, by virtue of another Decree issued by the same Court on the 16/3/2022, the Chief  Notary to Government has been appointed as the Notary Keeper of all his deeds.

Dr Keith Francis German

Chief Notary to Government

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:

Grant for First-time Buyers

WITH reference to Government Notice number 1605, that was published on the 10th of December, 2021, in Government Gazette number 20,748, grant scheme 'Grant for first time buyers' is being amended as follows.

The Ministry for Finance and Employment has launched the following grant scheme, that aims to incentivise and assist first-time buyers that purchase residential properties within Urban Conservation Areas (UCAs), properties that have been built for more than 20 years and have been vacant for more than seven years, and new properties built and finished as defined by the established guidelines and approved by the competent authority.

1. Interpretation

In this scheme, unless the context otherwise requires:

'applicant' means any person who is a resident in Malta, who is a first-time buyer and officially recognised as being the owner of a private residential Urban Conservation Area (UCA) property, or the owner of a private residential property that has been built for more than 20 years and has been vacant for more than seven years, or the owner of a new private residential property built and finished as defined by the established guidelines and approved by the competent authority and which person is applying for a grant under this scheme;

'competent authority' means a board or other entity designated or appointed by the Minister responsible for finance for the purpose of this grant. 

'effective date' means the 12th October, 2021;

'Malta' means the Maltese Islands;

'application' means an application for the grant under this scheme made in such manner as required and in terms of this scheme;

'First-time buyers' means those persons acquiring their first immovable property, acquired inter vivos and which is intended for their sole ordinary residence. No other property should have been bought before.

'property' means, properties that are within an UCA, properties that have been built for more than 20 years and have been vacant for more than seven years, and new properties built and finished as defined by the established guidelines and approved by the competent authority and which property is used by the applicant for residential purposes only;

'privately owned residential property' means a building owned by a private person and which property is used for private residential purposes only;

'new properties' means properties built and finished as defined by the established guidelines and approved by the competent authority;

'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;

'Urban Conservation Area (UCA)' means an area within the Maltese Islands that is legally designated as an area of buildings having collective heritage value according to Article 57 of the Development Planning Act of 2016, as subsequently amended and in accordance with the Strategic Plan for the Environment and Development (SPED) TO8 UO2, UO3 and others and as listed in the Local Plans.

2. Area of applicability

(i) This scheme relates to eligible applicants that are acquiring their first immovable property.  The property for which the grant is being applied for must be the applicant's first immovable property acquired inter vivos by the applicant and is acquired for sole and ordinary residence and which property is a privately owned residential property as defined in section one, which property was purchased from the effective date or afterwards, as proven by date on Deed of Acquisition of property.

(ii) To be eligible for the grant applicants must be compliant and have first registered their contract with the Office of the Commissioner for Revenue in terms of Legal Notice 461 of 2021, Relief from Income Tax and from Duty on Documents and Transfers on Certain Property Transfers Rules, 2021 and as per article 13 of the Legal Notice have submitted legal proof and a declaration that they are first- time buyers and that this is their first immovable property acquired inter vivos in line with the requisites of Article 3 of Subsidiary Legislation 364.12, Exemption of Duty in terms of Article 23 Order.

This Grant applies to eligible properties that were purchased between 12th October, 2021 and 31st December, 2024.  However, when it comes to owners of new properties, they can only apply for the grant once the property is built and finished as defined by the established guidelines and approved by the competent authority.

This Grant also applies to those that on the 12th of October, 2021, were on a promise of sale (konvenju) and had not yet closed the contract.

(iii) The property that benefits from the scheme cannot be divided, whereby the number of residential units will remain the same. If the property subsequently re-developed into separate residential units, the applicant will have to refund the full amount of the grant paid to them under this grant.

(iv) Only one property per applicant is eligible to qualify for support under this scheme and an applicant can only be eligible for a grant under this scheme once.

 4. Manner of application and supporting documents required

Applications under this scheme shall be made only via the official electronic portal/s and must contain all the information, details and documentation as required in the said form and in terms of this scheme.

(i) The applicant must also provide any other document which the Ministry responsible for finance, may from time to time require. An application shall not be deemed to have been submitted unless it is full and complete in all material respects and unless it contains all the information and is accompanied by all the documentation requested therein.

(ii) 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. In the case of a fraudulent application criminal action in terms of the Criminal Code (Cap 9) will be taken against the applicant.

(iii) When it comes to owners of a private residential Urban Conservation Area (UCA) property or the owners of a private residential property that has been built for more than 20 years and has been vacant for more than seven years, applications under this scheme, should be submitted by not later than six months from the purchase of the property as evidenced by the date on Deed of Acquisition of property. Applications received 'late', that is after the six months period, shall be deemed to be invalid applications.

(iv) For a period of not less than two years from the submitted application applicants may be requested to present the original documents upon which the claim is being made. Failure to produce any such documents upon request, applicants will be obliged to refund the amount paid under the scheme and in the case of a fraudulent applications criminal action in terms of article 309 of the Criminal Code (Cap, 9) will be taken.

5.  Grant payable under this scheme

Eligible applicants may apply for a maximum grant of €15,000 if the property purchased is in Malta and a maximum of €30,000 if the property purchased is in Gozo.

The actual amount allocated will be established on a pro rata basis according to the share of the property being acquired.

6.  Payment of Grant

The grant will be credited to the applicant, in the bank account that is indicated in the application.

7. Amendments to the Scheme

The Ministry responsible for finance reserves the right to make any amendments to this scheme by the publication of the said amendments in the Government Gazette.

8. Duration of the scheme

This Scheme shall be deemed to have commenced on the 12th of October, 2021, and shall remain in force till the 31st of December, 2024. This scheme may be modified or terminated by means of a Notice in the Government Gazette and shall be renewed as deemed necessary through another notice in the Government Gazette.

9. Transitory Provisions

Applications for the grant that cover the period between and during the effective date and the date of publication of Government Notice number 1605, published on the 10th of December, 2021, in Government Gazette number 20,748, shall be deemed to be valid applications under this scheme provided that the application falls within the eligibility criteria.

In these transitory cases, when it comes to private residential Urban Conservation Area (UCA) properties or private residential properties that have been built for more than 20 years and have been vacant for more than seven years, applications shall be submitted within six months from the date of publication of Government Notice number 1605, published on the 10th of December, 2021, in Government Gazette number 20,748.

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 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.