AN ACT to make provision for the control on prices in the construc tion of buildings and for the constitution of the Building Price Con trol Tribunal. (buildingprice)
Inhaltsübersicht (18)
Gesetzestext (18 Artikel)
I assent.
(L.s.)
ANTON BUTTIGIEG
President
25th July, 1980
ACT Ne. XXVI of 1980
AN ACT to make provision for the control on prices in the construc
tion of buildings and for the constitution of the Building Price Con
trol Tribunal.
BE IT ENACTED by the Pres i dent. b y and with the advice and
consent of the House of Representatives, in this present Parliament
a ssembled and by the authority of the same, as follows:--
,
This Act may be c it e d as the Building (Price Co n tr ol ) Act,
1980.
In this Act, unless the context otherwise requires -
"building" means any stone, brick or concrete structure and
any structure made of any other material, or of a co m b in a t i o n of
any of the aforesaid materials, whatever the purpose for whi c h such
structure is il1tended;
"Minister" mean s the Minister responsible for public works,
and, to the extent so authorised. includes any public officer autho·
rised by the Minister in that behalf;
p ri ce means the pri ce estab1ished under the provisions of
"
"
section 3 of this Act and i n c 1 a d e s any remuneration or other con
sideration and any obligation sa estab1ished for 01' in respect of
any work, service or materjal therein m entioned;
"registered" means registered under section 6 of this Act;
"Tribunal" means the Tribunal established by section 9 of
this Act.
The M i n i st e r may make regulations establishiu� the p r ice w hi c h
may be charged for any work pe rf orm e d or any matenals employed in
the construction. servicing, decoration or finishing of buildings or other
wise in relation thereto and, without prejudice to t h e generality of the
foregoing, may -
(a) establish such p r i c e according to th e quality of the work
and m a t e r ia l s used;
(b) establish the p r i c e for the work a n d materials joint1y or
separately;
(c) establish the price for any work or service a n c ill ary to
any of the f o r e g oi ng works.
(l) Where a price established by t h e Minister under t h i s Act Effects of price
in r e s p ec t of any work or m a t e r i a l is operative, it sh a ll not be lawful for order.
any person to charge or receive, in r e s p e c t of any s uc h work or
m a te r i a ls done or s u p p li e d while the price a f o r e s ai d is o p e r a t i v e a
,
.
(2) Where the price charged or received for any work done
or materials supplied i n relation to a building is a p r i c e covering work
or materials in respect of which a price established by the Mini s t e r
under this Act is operative and work or m a t e r i a l s in r e s pe c t of which no
such p r i c e is operative. the difference b e t w e e n the price c h a r g e d or
received and the market price of the work and materials in respect of
which no e st a b li s h e d price is o p era t i v e as a f ore s a i d shall, for all p u r
poses of this Act. be deemed to be the price ch a r g e d or r e c e i v e d for the
works or m a t e ri a ls in respect of which an established price is o p e rati v e
as a f or e sa i d under this Act.
A pe rs o n who contravenes any of the provisions of s e c t i o n 4
Offences and
penalties.
of this Act shall be guilty of an offence and shall. for e a c h offence. be
Jiable -
(a) on a first conviction. to a fine (multa) of not less than
hundred pounds 01' the amount charged in excess of the price
one
established by the Minister. whichever is the greater;
(b) on a s e c o n d or subsequent conviction to a fine (multa) of
n o t less than two hundred pounds or twice the amount c h a rg e d in
excess of the price esta blished by the Minister, whichever is the
gr e ater and the Court shall in addition o r d e r the cancellation of
,
the registration of the offender under section 6 of this Act, an d may
further order that the offender s h a ll be disqualified from being
registered for such period '-�S it may specify in -the sentence.
(1) 1t sha.ll nat be lawful for any peison to undertake any
Registration of
persons engaged
work or to supply any materials in respect of which a p r ic e may be
in the building
established by the Minister under this Act, whether any such p ric e bas
industry.
b een so established or not, unless he is registered u n d e r this Act as a
person authorised to perform that work or supply t h os e materials.
(2) Any person desiring to be registered under this Act shall
be so r e g iste re d by the Minister. on an appiication made in t h e appro
priate form and containing -
(a) the name and surname, age, address, occupation, sk i l l
.
trade. and the business or profession of the app1icant;
the name of his banker;
(b)
(c) the natme of t h e work or of the materials in respect of
which the registration is applied for; and
(d)
such othel' particulars Of information as may be requested
in the application form.
(3) Without prejudice to the provision of paragraph (b) of
section 5 and paragraph (b) of section 7 of this Act. the Minister shall
<.:ause the applicant's name to bc entered in the register kept for the
purpose and shall cause the person so registered to be issued with a Re
gistration Card showing the name and address of the person registered
and the work t h a t may be performed 01' the materials that may be
supplied by him.
The registration of a person under this section shall be
(4)
cancelled
(a)
by order of the Court under s e ct i on 5 o r 7 of this Act; or
(b) if the Minister is satisfied that the person registered is no
longer performing the work or suppJying t h e materials f Dr which be
was registered.
(5) It sha11 not be lawful for any person to undertake any
work or to supply any material in respect of which a price may be
established by the Minister under this Act, whether such price has or has
110t been established. unless he has. before undertaking such work or
supplying such materials, delivered to the person rommissioning the
work or a cq u i r i n g the material, a detailed statement in writing, or an
invoice, specifying the price of each item of which the work is made up
01' to which the sale refers.
A person who contra venes any of the prov isions of subsection
(l) or of subsection (5) of section 6 of this Act shall be guilty of an
offence and shall, for each offence, be liable -
(a) 011 a first cOllvictiol1,
to a fin e (multa) of not less than
twenty pounds;
(b) on a second or subsequent conviction, to a fine (multa)
of not 1ess than fifty pounds and the Court shall in addition order
the cancellation of the registration of the offender under section 6
of this Act and may further order that the offender shall be disquali
fied from being registered for such period, as it may specify in the
sentence.
Where any person has paid any prlce in excess of the price
established by the Minister, such person or any other person having a
excess barred by
lawful interest shall be entitied to have such excess refunded to him
Provided that the action for c1aiming back such excess shall be
barred by the lapse of two years from the day of the last payment.
(1) There shall be a court of law to be known as the Building
Control Tribunal.
shall have jurisdiotion -
to try offences under this Act, and
(a)
to determine cIaims or other disputes with respect to any
(b)
matter concerning the price payable or any refund due, in accord
ance with the provisions of this Act,
and any matter incidental or anci1lary thereto.
(2) For the purposes of exercising its functions under this
section, the Tribunal shall, as the case may require, have all such powers
as are-
(j) by the provisions of Book Second of the Criminal Code
vested in the Court of Iudicial Police sitting as a Court of Crimitv'\l
Judicature, and
(ii)
by the Code of Organization and Civi1 Procedure vested Capo 15
in the Civil Court, First Hall.
(3) Notwithstanding the provisions of any other law the
Tribunal may deal concurrentJy with the criminal action and with the
civil action.
(4) With respect to any proceedings relating to an offence
under this Act, 01' to any part of the proceedings relating t o sueh an
offenc e
. ,
falling within the jurisdiction of the Tribunal. With respect to all other
matters falling within the jurisdiction of the Tribunal, the Tribunal shall,
subject to the provisions of this Act and to any regulations made there
under, apply the provisions of the Code of Organization and Civil
Procedure.
The Building Price Control Tribunal shall consist of
( l)
Constitution of
-
the Tribunal.
(a)
a Magistrate, as Chairman, and
two members appointed, one from among persons hold
(b)
ing the warrant of Architect and Civil Engineer and the other from
among contractors in the building trade.
(2) The Chairman and the other members of the Tribunal
shall be appointed by the President acting in accordance with the
advice of the Prime Minister
Provided that the President may at any time sa appoint more
than one magistrate and more than two other members of the Tribunal,
but only one magistrate and only two of such members shall sit on the
TribunaI in respect of any one case.
(3) A member of the Tribunal sha11, other than a Chairman,
at the first occasion in which he sits on the Tribunal after his appoint
ment, take in open court an oath to decide each application with equity
and impartiality according to law; he sha11 otherwise be bound by the
same obligations, mutatis mutandis, ar i s i n g out of the form of the oath
of office prescribecl for Magistrates.
(4) The Chairman of the Tri�unal shall vacate his office upon
the appointment of another Magistrate to actas Chairman or upon his
ceasing to be a Magistrate.
The office of the other members of the Tribunal shall become
vacant -
(a)
at the expiration of five years from the date of the
appoint111ent or at such ear1ier time as may be specified in the
instrument by which he was appointed; or
(b)
if he is removed from office in the same manner and on
the same grounds as a Magistrate may be removed from office.
(5) The provisions of the Code of Organization and Civil
Procedure regarding the abstention and chaIlenge of judges shall apply
to the abstention and challenge of the Chairman and members of the
Tribuna1.
Proceedings before the Tribunal shall be instituted by Proceedings.
(l)
application.
The application shall c ont a in
-
(a) a c1ear and correct statement of the subject matter and
the cause of the c1aim,
(ii)
by the Code of Organization and Civi1 Procedure vested Capo 15
in the Civil Court, First Hall.
(3) Notwithstanding the provisions of any other law the
Tribunal may deal concurrentJy with the criminal action and with the
civil action.
(4) With respect to any proceedings relating to an offence
under this Act, 01' to any part of the proceedings relating t o sueh an
offenc e
. ,
falling within the jurisdiction of the Tribunal. With respect to all other
matters falling within the jurisdiction of the Tribunal, the Tribunal shall,
subject to the provisions of this Act and to any regulations made there
under, apply the provisions of the Code of Organization and Civil
Procedure.
The Building Price Control Tribunal shall consist of
( l)
10. Constitution of
-
the Tribunal.
(a)
a Magistrate, as Chairman, and
two members appointed, one from among persons hold
(b)
ing the warrant of Architect and Civil Engineer and the other from
among contractors in the building trade.
(2) The Chairman and the other members of the Tribunal
shall be appointed by the President acting in accordance with the
advice of the Prime Minister
Provided that the President may at any time sa appoint more
than one magistrate and more than two other members of the Tribunal,
but only one magistrate and only two of such members shall sit on the
TribunaI in respect of any one case.
(3) A member of the Tribunal sha11, other than a Chairman,
at the first occasion in which he sits on the Tribunal after his appoint
ment, take in open court an oath to decide each application with equity
and impartiality according to law; he sha11 otherwise be bound by the
same obligations, mutatis mutandis, ar i s i n g out of the form of the oath
of office prescribecl for Magistrates.
(4) The Chairman of the Tri�unal shall vacate his office upon
the appointment of another Magistrate to actas Chairman or upon his
ceasing to be a Magistrate.
The office of the other members of the Tribunal shall become
vacant -
(a)
at the expiration of five years from the date of the
appoint111ent or at such ear1ier time as may be specified in the
instrument by which he was appointed; or
(b)
if he is removed from office in the same manner and on
the same grounds as a Magistrate may be removed from office.
(5) The provisions of the Code of Organization and Civil
Procedure regarding the abstention and chaIlenge of judges shall apply
to the abstention and challenge of the Chairman and members of the
Tribuna1.
Proceedings before the Tribunal shall be instituted by Proceedings.
11. (l)
application.
The application shall c ont a in
-
(a) a c1ear and correct statement of the subject matter and
the cause of the c1aim,
(b)
the claim or claims,
and all other contents required by law in respect of written pleadings.
(2) The Tribunal may, at any time, a110w any amendment to
be made in tl:e application for the purpose of making it c1earer.
(3) Service of the applicaiion sha11 be made in accordance
with the provisions of the Code of Organization and Civil Procedure.
(4) The party on whom the application is served sha11 make
his submissions in writing within six days from the day on which the
service is effected. In default of any submissions the Tribunal sha11 allow
the application.
(5) If the party files a reply whereby he acccdes to the re
quest contained in the application, the Tribunal may aIlow the applica
tion in camera.
(6) If during the hearicg the Tribunal finds that the applica
tion is vexatious, the Tribunal may order the offending party to pay to
the other party a pena1ty not exceeding twenty pounds.
(7) The decisions of the Board shall be taken by a majority
of yates, and sha11 be delivered by the Chairman in open Court
Provided that any point of law shaH be decided by the Chair
man alone.
(8) The costs of the proceed ings sha II be bome by the parties
or any of the parties as the Tribunal may direct.
(9) The Tribunal shall bc vcsted with the powers to enforce
its own decisions in the manner prescribed in the Code of Organization
and Civil Procedure and in the Criminal Code, as the case may be.
(10) Any warrant or order issued by the Tribunal shal1 be
signed by the Chairman and certified by the Registrar or C1erk of the
Tribuna1.
(11 ) The Registry of the Supe1'ior Courts in Malta 01' the
Registry of the Courts of Magistrates in Gozo, as the case may be, sha11
be the Registry of the Tribunal and the records of the Tribunal sha11 be
deposited there in.
(1) The Tribunal sha11 hold its sittings on such days and at
such time as the Chairman may determine.
(2) The sittings of the Tribunal sha11 be held in the buildings
where the ordinary courts normal1y hold their sittings unless the Minis
ter responsible for justicc 11as, by notice in the Gazette, otherwise
directed.
(1)
From a decision of the Tribunal an appeal sha11 1ie -
(a) in respect of a criminal charge in all cases, and whether
by the person accused or by the prosecution;
(b) in respect of all other matters only on a point of law de
termined by the Tribuna1.
(2) The appeal sha11 be brought before the Court of Appeal
by means of an application with in six working days from the day on
which the decision of the Tribunal is delivered.
(3) The provisions of section 9 of this Act sha11 mutatis
mutandis be applicable to the Court of Appeal.
The fees payable in the Registry of the Tribunal and to the
Fces.
1 egal practitioners shall be those prescribed for proceedings before the
Civil Court, First Ben, in the Tar iff s to the Code of Organization and
Civil Procedure and in the Criminal Code, as the case may be.
The r e shall be paid to the members of the Tribunal, other Remuneration
than a Chairman, such remuneration::ts the Minister responsible fo r to members.,
justice may, with the approval of the lVfinister responsible for finance.
determine,
The criminal ac t i o n under the provisions of this Act shall be Prescription.
ba r red by the lapse of two years.
(1) The Minister responsible for justice may make regula Power to make
tions prescribing or relating to the proccdure to be followed by the regulations and
orders by
Tribunal, and any other matter that may be e x p e di en t for the better
Minister ·of
carrying into effect of this Act.
j ustice.
(2) The Minister responsible for j u s t i ce may a1so, with the
concurrence of the t,11nister responsible for finance, make regulations
pre�cribing the fees payable in respect of any of the registrations referred
to in section 6 of this Act
Passed by the House of Representatives at S itting No. 418 of the 22nd July, 1980.
C.AGIUS
Speaker
C. MIFSUD
elerk to the House of Representatives
---- -- ---------------- -----_.�- ----------
_ _ ___ _ _ . _________ � ____
_____ v _.�
�'- _
Published
by
the
Department
of
lnformathm
Ippubblikat
mid-Dipartiment
ta'
]-Informazz.ioni
-
fl-U.Ċ.S.
tal-Gvern
C.G.S.
St.mperija
Stampat
p,.inted at
the
Goveml1lenf
l'rjntin� Pr".\'
-
-
-