Government Notices published in Government Gazette No. 20,982 of 27th December 2022

It is hereby notified for general information that, in exercise of the powers conferred by the L.N. 180 of 2018 Prisons Act (Cap. 260) Prisons (Board of Governance) Regulations, the Prime Minister has approved that the said Board be constituted as follows up to 31st December, 2025:

Chairperson

Mr Nicholas Baldacchino

Members

Mr Robert Brincau

Mr Matthew Degiorgio

Dr Joseph Giordmaina

Ms Charlene Calleja

Mr Dominic Grima

Secretary

Ms Michelle Lia

IN SUPPLEMENT

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

Bill No. 34 entitled the Standards in Public Life (Amendment) Act, 2022.

ACT

Board of Appeal

IT is hereby notified for general information that in exercise of the powers conferred by section 16 of the Adoption Administration Act of 2008 (Cap. 495), and for the purpose of that Act, the Minister for Social Policy and Children's Rights has appointed Ms Consiglia Bonello, Dip. Soc. Stud. (Occupational Health & Safety) as member on the Board of Appeal.

This appointment is for a period of three years with effect from 26th December, 2022.

Establishment of the Park Nazzjonali tal-Inwadar Regulations (S.L. 549.109)

Appointment of the Park Nazzjonali tal-Inwadar Management Board

IN terms of regulation 8 of the Establishment of the Park Nazzjonali tal-Inwadar Regulations (S.L. 549.109), the Minister for the Environment, Energy and Enterprise has approved the appointment of the following persons to serve on the Park Nazzjonali tal-Inwadar Management Board.

Chairperson

Mr Steve Borg

Members

Mr Malcolm Borg

Mr Mario Calleja

Mr Bryan Degabriele

Mr Claude Ebejer

Dr Kathleen Grima

Mr Nicholas Mallia

The Minister for the Environment, Energy and Enterprise has also approved the appointment of Mr Matthew Chetcuti as Secretary to the said Board.

All appointments are effective from 20th July, 2022, for a period of one (1) year.

Appointment of Advisory Board

IT is notified for general information that, in the exercise of the powers conferred by Regulation 10 of the Circular Economy Malta (Establishment) Order (S.L. 595.28), the Minister for the Environment, Energy, and Enterprise has approved the appointment of the following persons to serve on the Advisory Board assisting the Chief Executive Officer in the discharge of his duties. These appointments are effective for a period of three (3) years from the 13th of September, 2022.  

Members

Ms Krista Caruana Falzon

Mr Michael Cohen

Mr Ian Farrugia

Mr Mario Fava

ARCHITECTS REGULATIONS 

IT is notified for general information that, in accordance with Article 3 of the Chamber of Architects Regulations, the Council of the Kamra tal-Periti is composed as follows

President

Perit Andre Pizzuto

Vice President and Honorary Secretary

Perit Matias Camilleri de Marco

Honorary Treasurer

Perit Ivynne Grixti

Members

Perit Anthony Bezzina, MP

Perit Damian Vella Lenicker

Perit Dott Rebecca Dalli Gonzi

Perit Philip Farrugia

Perit Sebastian Grima

Perit Nicholas Mallia

Perit Duncan Muscat

These appointments are effective from 7th December 2022 until the next Annual General Meeting organised by the Kamra tal-Periti in accordance with the Chamber of Architects Regulations.

PUBLISHED IN THE SUPPLEMENT

TO THE GOVERNMENT GAZETTE

IT is notified for general information that the following Legal Notice was published in the Supplement to the Government Gazette No. 20,977 of 19th December, 2022 (Legal Notice 355), No. 20,978 of 20th December, 2022 (Legal Notice 356 to 362) and No. 20,980 of 23rd December, 2022 (Legal Notices 363 to 367) respectively.

L.n. 355 of 2022: Maltese Language (Amendment) Act, 2021(Act No. LV of 2021); Commencement Notice.

L.n. 356 of 2022: Income Tax Act (Cap. 123); Seed Investment Scheme (Income Tax) Rules, 2022.

L.n. 357 of 2022: Malta Film Commission Act (Cap. 478); Creative Malta Scheme Regulations, 2022.

L.n. 358 of 2022: Local Government Act (Cap. 363); Local Government (Human Resources) (Amendment)  Regulations, 2022.

L.n. 359 of 2022: Criminal Code (Cap. 9); Criminal Procedure (Regulation of Registries, Archives and Functions of Director General (Courts) and Other Court Executive Officers) (Amendment) Regulations, 2022.

L.n. 360 of 2022: Public Finance Management Act (Cap. 601); Public Procurement (Amendment) Regulations, 2022.

L.n. 361 of 2022: Education Act (Cap. 327); Bye-Laws of 2022 to amend the Bye-Laws of 2018 in terms of the General Regulations for University Undergraduate Awards, 2019 for the Certificate for Graduates of Non-EU/EEA Nursing Programmes under the auspices of the Faculty of Health Sciences.

L.n. 362 of 2022: Environment Protection Act (Cap. 549); Daily Penalties (Environment) (Amendment) Regulations, 2022.

L.n. 363 of 2022: Fisheries Conservation and Management Act (Cap. 425); Bluefin Tuna Aquaculture Regulations, 2022 (L.N. 218 of 2022) (S.L. 425.16); Commencement Notice.

L.n. 364 of 2022: Fisheries Conservation and Management Act (Cap. 425); Offences, Proceedings and Sanctioning (Fisheries and Aquaculture) Regulations, 2022 (L.N. 342 of 2022) (S.L. 425.17); Commencement Notice.

L.N. 365 of 2022: Fisheries Conservation and Management (Amendment) Act (Act No. XVII of 2022); Commencement Notice.

L.N. 366 of 2022: Duty on Documents and Transfers Act (Cap. 364); Extension of Exemptions (Duty on Documents and Transfers Act) Order, 2022.

L.N. 367 of 2022: Public Administration Act (Cap. 595); Project Green Agency (Establishment as an Agency) Order, 2022.

Nru. 1763

MINISTRY FOR PUBLIC WORKS AND PLANNING

Explanatory Notes on the Mutual Recognition of Qualifications of Perit Regulations, 2022

1. Introduction

The competent Ministry has in consultation with the Kamra tal-Periti, drawn up the Mutual Recognition of Qualifications of Perit Regulations which revise and update part of the current same regulations found in S.L. 390.05 to bring these in line with the recently adopted Act 13 of 2021, in order that certain provisions of the Periti Act (Cap. 622) may be brought into force.

2. Summary and background

The Policy Development and Programme Implementation Directorate in consultation with the Kamra tal-Periti has drafted these regulations in order to continue to provide for the recognition of qualifications by particular countries at particular points in time, for instance, by Yugoslavia, USSR, GDR, to citizens who today are citizens of an EU Member State.

3. Overview of the Structure of the Instrument

The instrument consists of 4 regulations, as outlined below:

4. Commentary

These regulations concern qualifications awarded prior to the dates in brackets by the authorities of the Czech Republic (20 August 1993), Estonia (20 August 1991), Latvia (21 August 1991), Lithuania (11 March 1990), Slovakia (1 January 1993), Slovenia (25 June 1991), Croatia (8 October 1991). Only qualifications issued before the indicated dates will be recognized by the Periti Warranting Board. Such requests for recognition will also require the presentation of a certificate issued by the same authorities which declares that such Member State national who holds such qualification, has been engaged in architecture activity in the authorities' territory for a minimum of 3 years in the last 5 years prior to the issuance of such certificate.

Likewise the Board shall recognize qualifications upon presentation of evidence of completion of training in the period from 5 August 1985 and commenced not later than 17 January 2014, provided by 'Fachhochschulen' in the Federal Republic of Germany over a period of three (3) years which was in line with Article 46(2) of Directive 2005/36/EC on the recognition of professional qualifications and giving access to the activities referred to in Article 48 of the Directive under the professional title of 'architect', as long as the training was followed by a four (4) year period of professional experience in the Federal Republic of Germany and certified accordingly by the competent authority holding the registration of the architect.

5. Concluding section

These regulations shall come into force upon their publication in the Gazette.

Explanatory Notes on the Periti Warrant Regulations, 2022

1. Introduction

The competent Ministry has in consultation with the Kamra tal-Periti, drawn up the Periti Warrant Regulations to bring these in line with the recently adopted Act 13 of 2021 in order that certain provisions of the Periti Act (Cap. 622) be brought into force.

2. Summary and background

These regulations lay out the ways in which qualifications of Perit may be recognised by the Warranting Board in order that applicants may be clearly guided as to the prerequisites required for the purpose of satisfying articles 5 and 6 of the Periti Act. As with the new Periti Act, the regulations now also distinguish between two routes to access the profession, and included in one of two lists within the warrant register, that of Perit Arkitett and that of Perit Inġinier Ċivili. This distinction also reflects the recent changes to the academic course at the University of Malta. The Regulations provide for the procedure for the submission of applications for a warrant and sets the minimum core subjects to access the list of Perit Arkitett and that of Perit Inġinier Ċivili. It outlines the necessary documentation to prove the right of establishment in Malta, good conduct, full legal capacity, proficiency of official language, professional traineeship, examination and the authenticity of evidence. It explains the process for the processing of applications and provides for the possibility to re-apply for the issue of a warrant. More importantly it provides for different application procedures in order to account for the provisions of the Mutual Recognition Directive¹, in the case of applicants who have undergone their academic and professional training in an EU Member State.

Furthermore, provision is made in 13(4) in order not to disrupt persons who have already commenced their professional traineeship, such applicant is to complete a form and submit it to the Board.

3. Overview of the Structure of the Instrument

The regulations consist of 23 regulations and 3 Schedules, as outlined below:

¹Directive 2005/36/EC on the recognition of professional qualifications.

4. Commentary

These regulations provide the process to be followed for persons interested in taking up and practising the profession of either Architect or Civil Engineer as well as the academic and professional practice requirements to be followed in order to obtain a warrant to practice either profession in Malta. It serves to guide all who satisfy the requirements in article 4(3)(a) to (f) of the Periti Act to submit an application to the Warrant Board and outlines the various eligibility criteria and different processes including the cases where mutual recognition provisions apply. These regulations set the minimum core subjects for both professions. The documents required to prove right of establishment in Malta as well as proof of conduct are indicated, as are also the documents required to prove legal capacity and language proficiency and the instances when the applicant may be requested by the Board to have such documents authenticated.

Applicants are to expect an acknowledgement from the Board of their application within 15 days from date for submission, indicating the time during which the application will be processed and the available means of redress in case of dispute. At the time of acknowledgement applicants will also be informed that the absence of response by the Board within the specified period is not to be understood as a successful completion of the process. The Board has one month to assess the eligibility of the applicant, should the Board consider the application as incomplete, the applicant will be so informed by the Board and requested to submit all additional documentation necessary and the Board will also inform the applicant of the consequences should the applicant not provide the missing documentation. During the processing of the application the Board may consult the designated authority in another Member State and request replies within 3 months. Once the application is found to be eligible the Board will authorise the applicant to commence the professional traineeship, making the Experience Record Book available to the applicant. Applicants for the title of Perit Arkitett who benefit from the provisions of Annex V and Annex VI and applicants for the title of Perit Inġinier Civili who are Maltese or EU citizens or otherwise entitled to live and work permanently in Malta and who are already qualified as a civil engineer in their home state, where such profession is regulated, are exempt from undertaking a professional traineeship. For more details on possible exemptions one is to refer to the Periti Act or enquire with the Board.

Within one month of the acknowledgement the applicant is to receive from the Board, a list of supervisors recognised by the Board and a report outlining the additional training required if applicable. Upon completion of the professional traineeship, the applicant is to submit the completed Experience Record Book duly endorsed by the mentor. Such mentor must be in possession of a warrant for a minimum of five years. From 1st January, 2024, such mentor must be in possession of a warrant for a minimum of ten years.

Applicants who satisfy the requirements to proceed to examination will be notified by the Board within one month of the Board's decision and notified of the dates of the examinations which shall not be held later than one month from notification. Written examination is based on the curriculum and the results communicated to the applicant within one month from the date of the examination. Once successful in the written exam, the applicant will then need to sit for an oral exam based on the curriculum and examinations relating to the information contained in the Experience Record Book. The applicable curriculum is that published by the Warranting Board at least 6 months prior to the written exam. Written examination is in English, while applicants may opt for the oral examination to be in either Maltese or English. The Board provides a reasoned decision within 3 months of the date of notification of examinations. The Board may only extend such period once for a period of one month, providing reasons for such extension when notifying the applicant. Nevertheless, no decision by the Board is not to be considered as tacit approval of an application. The Board or its delegate has a right to interview the mentor on any matter reported in the Experience Record Book; failure of the mentor to attend such interview or to satisfy the Board on any matter mentioned in the Experience Record Book may lead to refusal of an application for the issue of a warrant. In the case of a refused application, applicants are immediately notified by the Board. Such applicants may re-apply not earlier than such time as stipulated by the Board in the applicant's regard, which time cannot exceed the period of training established in the Act as applicable to the applicant.

All communication by the Board may be done electronically.

5. Concluding section

The legislation reflects the academic changes to the Profession and is in line with the Services Directive² and the Mutual Recognition of Qualifications Directive in relation to Periti and needs to come into effect upon publication together with the partial entry into force of the Periti Act (Chapter 622 of the Laws of Malta).

Explanatory Notes on the Periti Warranting Board Regulations, 2022

1. Introduction

The competent Ministry has in consultation with the Kamra tal-Periti, drawn up the Periti Warranting Board Regulations which now provide more detail and supplement the provisions in Part IV of the Periti Act (Cap. 622).

The Policy Development and Programme Implementation Directorate in consultation with the Kamra tal-Periti has drafted these regulations in order to regulate, in line with the provisions of Article 11(3) of the Periti Act (Cap. 622), the functions of the Warranting Board.

2. Summary and Background

The Periti Warranting Board established by Article 10 of the new Periti Act, already existed under the present Periti Act, but is now conditioned to act in line with the provisions of the new Act.

The regulations list the responsibilities, including instances where the Board has authority to act and duties to perform in its capacity as Competent Authority for the profession. It also outlines actions that the Board will need to take when requested by Competent Authorities of other Member States.

In line with Article 10(1)(d) of the Act, the regulations also provide for the procedure to be followed by the Kamra tal-Periti when organising the election for all warrant holders to elect members to the Warranting Board.

3. Overview of the Structure of the Instrument

The regulations consist of 7 regulations as outlined below:

²Directive 2006/123/ of the European Parliament and of the Council of 12 December 2006 on services in the internal market.

4. Commentary

The regulations provide for the responsibilities and functions of the Periti Warranting Board applicable and in line with the Periti Act (Cap. 622), while also providing for the continuation of the applicability of the Recognition of Academic Qualifications Regulations (S.L. 390.04) for any pending matters or procedures. They also provide for the process of the elected members of the Warranting Board and the conduct of election of same by the Kamra tal-Periti.

Further to the responsibilities already listed in the Article 11 of the Act (Cap. 622), the Warranting Board will also:

i. maintain and publish the register/s of warrant holders in the Government Gazette and its website or the website of other designated public agency and on the Internal Market Information System ( IMI) within the first three months of each year;

ii. notify the Kamra tal-Periti of new warrant holders within one week from granting of the warrant;

iii. verify that the formal academic qualifications obtained and professional training undertaken by Maltese nationals satisfy the prescribed regulations for attaining a warrant to practice the profession in Malta and in the case of nationals of a Member State to verify access to the profession and right to use the title of Perit Arkitett or that of Perit Inġinier Civili;

iv. decide on applications submitted by nationals of a Member State to practice the profession in Malta on a temporary and occasional basis; and

v. verify evidence of formal professional qualifications obtained in third countries by a citizen of a third country.

The Board has authority to:

i. determine the form and organisation of any examinations referred to in the Act;

ii. assess professional traineeship undertaken for the purposes of the Act;

iii. request information from designated authorities of Member States confirming whether any applicant seeking establishment or to offer a service within the scope of the Act is not suspended or prohibited from exercising the profession as a result of serious professional misconduct or conviction of criminal offences related to the exercise of professional activity.

The Board is duty bound to notify the European Commission and other Member States, by means of the IMI or other prescribed means of:

i. the legislative, regulatory and administrative procedures governing access to the profession;

ii. the duration and content of academic courses in connection with Annexes V and VI³;

iii. the duration and content of professional traineeship as required in the Act;

iv. the associations of professionals recognised in Malta;

v. the schemes for continuing professional development required for the continued safe and effective practice of the profession;

³Directive 2005/36/EC on the recognition of professional qualifications.

vi. any disciplinary action or criminal convictions or any other serious, specific circumstances which are likely to have consequences on the practice of the profession, within three (3) days of the decision of restriction or prohibition;

vii. the identity of any person who has been prohibited by national authorities or courts from exercising the profession, even temporarily on the territory of Malta, within three days of prohibition;

viii. the identity of any person who, after having applied for the recognition of qualifications under the Act, and who was subsequently condemned by the authorities or the courts for using falsified evidence of professional qualification in this context, in accordance with regulations that may be prescribed.

When executing the above the Warranting Board will ensure confidentiality in the exchange of information and be obliged to inform contemporaneously such professionals in writing of decisions or warnings, subject to appeal to the Administrative Review Tribunal.

The Board will also provide its opinion on notifications from the European Commission on proposals from Member States for admission of training programmes and professional qualifications required for the profession of architect to Annex V of the Directive⁴.

Upon request by the designated authority of a Member State, the Board shall:

i. issue certification in connection with acquired rights in terms of Annex VI, that a Maltese national was authorised not later than May 2004 to use the title of Perit and was engaged in the practice of architecture for at least three years during the five years preceding the issuance of certificates;

ii. confirm the authenticity of attestation and evidence of formal qualifications, the minimum training requirements including when professional training in terms of articles 5 and 6 of the Act was undertaken in part in another Member State;

iii. exchange information regarding any disciplinary action, or criminal convictions, or serious specific circumstances likely to have consequences on the practice of the profession;

iv. advise on whether a warrant holder seeking to establish himself or offer a professional service in a member state is not suspended or prohibited from the pursuit of the profession as a result of serious professional misconduct or conviction of criminal offences related to the exercise of professional activities.

The election of the two elected members of the Warranting Board by the Kamra tal-Periti:

In line with the provisions of Article 10(1)(d) of the Act, the Kamra tal-Periti is responsible to organise an election among all warrant holders to elect the two elected members of the Warranting Board, by secret ballot. Fourteen days prior to the date and time established by the Kamra for the election, the Kamra issues a call for nominations. Only Periti who have been in possession of a warrant for at least 8 years prior to the date of the opening of the nominations for candidates may contest the election. Such election is supervised by a notary public selected by the Kamra tal-Periti. The Kamra is responsible for registering all persons in possession of a warrant 14 days prior to the election date in its electronic system no later than 7 days prior to the election.

⁴Ibid.

The Kamra ensures that the electronic system: securely authenticates the identity of the voter; allows the voter to securely review an electronic ballot prior to transmission; assures the secrecy and integrity of each ballot; is accessible to voters with disabilities; is secure from malicious software and the ability of others to remotely monitor or control the system; is able to securely communicate with each voter's electronic voting platform, is able to securely authenticate the validity of each ballot to ensure that such ballot has not been altered in transit; securely transmits an acknowledgement to each voter; securely and permanently separates any authentication or identifying information from the electronic ballot, rendering it impossible to link any ballot to any specific voter; securely allows members to confirm that their ballot has been received and counted; stores electronic ballots in a secure manner keeping them accessible for the election official for recount and inspection. The votes are counted and tabulated by the election official in public, at a duly notified meeting for all warrant holders.Candidates and a representative of the Kamra may witness the counting and tabulation of the votes. The results are reported to the Minister by the Kamra tal-Periti and published in the Government Gazette. The candidate obtaining the second highest number of votes during the first election shall sit on the Board for 18 months and the two seats shall be occupied by a Periti Arkitett and Periti Inġinier Ċivili.

5. Concluding section

The legislation is necessary due to the Periti Act being brought partially into force. It concerns updates for the better transposition of the Professional Qualifications Directive  in relation to Periti and will come into effect immediately upon its publication together with the partial entry into force of the Periti Act (Cap. 622).

Commencement Notice

The competent Ministry has in consultation with the Kamra tal-Periti, drawn up the Periti Act Commencement Notice, so that certain provisions of the Periti Act (Cap. 622) may be brought into force.

As a result of this notice a number of provisions of the Periti Act (CAP.622) will be brought into force with immediate effect upon its publication. The provisions that will be brought into force concern: definitions; the warrant of Perit; the Register of warrant holders to include Perit, Perit Arkitett and Perit Inġinier Ċivili; alternative access to the profession; temporary and occasional provision of services; Periti Warranting Board; functions of the Warranting Board; the establishment of the Kamra tal-Periti; use of Professional titles; partnerships of Periti and forms of practice; surrender of a warrant, effects of revocation or suspension of certificate to practice or cancellation of a registration of a partnership; disqualification and restoration of a warrant holder; offences; power of minister to make regulations; provision to equate the term 'architect' in legislation to that of 'perit'; and to repeal all of the subsidiary legislation under Cap. 390 with the exception of the Chamber of Architects Regulations. Please refer to the Commencement Notice being published concurrently with these explanatory notes for further detail.

In the meantime, the articles of Periti Act (Cap.390) which are not repealed remain in force until such time as subsequently notified through regulations.

The necessary changes to the regulation of the profession of Perit, Perit Arkitett and Perit Inġinier Ċivili, are therefore being made in a staged manner to enable those effected to adjust to these changes.

N.B. This Explanatory Note is not intended to be an exhaustive description of the instrument nor a substitute thereof or a legislative supplement to it. This Note does not purport to be an authoritative ruling on the interpretation of the legislation.

Annex

Transposition Notes for the transposition of the maim elements of:

- Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (SD); and

- Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (PQD)

The amendments introduced to these Regulations constitute the partial transposition of Directive (EU) 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications and of Directive (EU) 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market in so far as their provisions are applicable to the profession of Periti.

ACT, CAP. 372

Notice in terms of Article 29

In terms of the proviso to article 29(1) of the Income Tax Management Act, the Commissioner for Revenue hereby notifies the persons listed hereunder by a notice that has been issued by the Office of the Commissioner for Revenue. Thus it is in their own interest to call at the Collection Section at Block 5, Office of the Commissioner for Revenue, Floriana, within five days of this notice to collect the mentioned notices.

ACT, CAP. 372

Notice in terms of Article 29

In terms of the proviso to article 29(1) of the Income Tax Management Act, the Commissioner for Revenue hereby notifies the companies listed hereunder by a notice that has been issued by the Office of the Commissioner for Revenue. Thus it is in their own interest to call at the Collection Section at Block 5, Office of the Commissioner for Revenue, Floriana, within five days of this notice to collect the mentioned notices.

(CAP. 372) and VALUE ADDED

TAX ACT (CAP. 406)

Article 29 of the Income Tax Management

Act, Cap. 372; and Article 73(2) of the Value

Added Tax Act, Cap. 406

In terms of the proviso to article 29(1) of the Income Tax Management Act and/or article 73(2) of the Value Added Tax Act, the Commissioner for Revenue hereby notifies the persons/companies listed hereunder to call at the Compliance and Investigations Directorate, Office of the Commissioner for Revenue, Centre Point Building, Ta' Paris Road, Birkirkara BKR 4633, within thirty days of this notice to collect the notices made on such persons/companies.

Name Reference

Ronald Gauci                              993894115     C37635

Valletta Pharmaceuticals

Limited

SILVERSMITHS

ACT

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: