AN ACT to amend the Statute Law Revision Act, 1980 and to amend Or re pet;ll other laws.

I assent.

(L.S.)

ANTON BUTTIGIEG

President

20th October, 1981

AeT Na. XLIX of 1981

AN ACT to amend the Statute Law Revision Act, 1980 and to amend Or

re pet;ll other laws.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(l) This Act may be

cited as

the

Statute

Law

Revision

(AmendmenO Act, 198 I.

(2) Sections 2 and 3 of this Act shall be read and construed

as one with the Statute La IN Revision Act, 1980, hereinafter referred to

as "the principal Act".

(3) The amendments to the Code of Police Laws, contained in

the Second Schedule to this Act, shall come into force on such date as

the Minister responsible for Justice may fix by notice in the Gazette.

S e c t io n 4 of the principal Act shall be amended as follows

(Section 5)

Courts and Judges (Designation) Law (Cap. 1 )

Maltese Weights and Measures <English Equivalents) Ordinance (Cap. 21)

Modd Measure Ordinance (Cap. 25)

Succession and Donation Duties <Emergency

Provisions)

Ordinance,

1943 (Ordinance No. XV of 1943)

Pensions (Special Provisions) Ordinance, 1946 (Ordinance No. XVIII

of 1946 )

War Damage and Reconstruction Account (Establishment) Ordinance,

1947 (Ordinance No. XVIII of 1947 )

Town and Country Planning Act, 1969 (Act No. XXXV of 1969)

(a) paragraph (j) of subsection (l) thereof shall be re-Iettered

as paragraph (1);

(b) immediately after paragraph (j) of subsection (l) thereof

there shall be inserted the following two new paragraphs

"(j)

to convert any weight Of measure into a metric

weight or measure corresponding thereto as nearly as practi­

cable, and for that purpose the Commission shall have power

to round off any decimal as it may deem appropriate;

(k)

to make any addition, omission Of alteration which

is consequential to any amendment to any statute law or pro­

vision thereof;" and

(c) at the end of subsection (3) thereof there shall be added

the following words

"or to remove any conflict between the Maltese and the

English text of any law, and for these purposes the Commission

shall have power to alter or amend either of those texts or

both, inc1uding the prevailing text".

Second Column

Extent of Amendment

In section 2, the words "without the intervention of

the Vendue Master" shall be deleted.

Immediate1y after section 5 there shall be added the

fol1owing new section

6. The Minister may. by order, amend,

"Amend­

ment etc.,

repeal or substitute the Tariff to this law."

of Tariff.

Section 9 shall be repealed.

Paragraph (j) of section 19 shall be repealed.

Subsection (2) of section 22 shalI be repealed.

fn subsection (2) of section 48, for the words "by 3

Government District Medical Officer" there shall be sub­

stituted the words "by a medical officer in the service of

the Government."

In section 64A, for the words from "other than the

basic fare" to "of the First Schedule to this Code" there

shall be substituted the words "other than in accordance

with the tariff contained in regulations made under section

81 of this Code."

For subsection (2) of section 81 there shall be substi­

tuted the foJlowing

"(2) It shaH be lawful for the Minister respon­

sible for the Police to prescribe by regulations a tariff

of fares in respect of vehic1es."

For section 172 there shall be substituted the fol­

lowing

172. 1t shaH be lawful for any police

"Entry by

Police.

officer, not below the rank of sub-inspector, to

enter at any time any premises licensed for sale

by retail of wine, beer or spirituous liqu or, for

the purpose of preventing or detecting any in­

fringement of the provisions of this Code or of

any regulations made thereunder."

For the proviso to subsection (l) of section 230 there

shall be substituted the fol1owing

"Provided that the provisions of this subsection

shall not be of prejudice to the provisions of any regu­

lations made under this Code or any other law and

which may from time to time be in force."

A

Second Column

Extent of Amendment

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The First Schedule to this Code shaB be repealed.

Subseotion (3) of section 1 71 shaH be repealed.

F or the proviso to section 571 there shall be substi­

tuted the following

"Provided that it sha11 be lawful for the Court, in

urgent cases, to order any witness to appear from day

to day, or from hour to hour, 01' even only within such

interval of time as may be necessary for him to

appear."

In subsection (4) of section 849, the word "ster1ing" in

the English text sha11 be deleted.

In the proviso to section 53, for the words "by the pro­

visions of sections 1717 to 172 1 inclusive of the said Code,

so far as applicable" there shaH be substituted the words

"by the provisions of the Conditions of Employment (Regu­

[ation) Act, 1952, as far as applicable".

In section 1422 and in subsection (2) of section 2073,

for the words "the Monte di Pieta" wherever they occur

there shall be sllbstituted in each case the words "Il­

Monti".

For section 14 there shall be substituted the following

"14. The provisions of section 6, with the excep­

tion of paragraphs (c), (d) and (e), shall a1so apply,

where applicable, to veterinary surgeons."

In paragraph (a) of subsection ( 1 ) of seotion 16 , parag­

raph (a) of subsection ( l ) of section 17, paragraph (a) of

section 44, paragraph (a) of subsection ( 1 ) of seotion 59,

paragraph (a) of section 67, paragraph (a) of section 73B

and paragraph (a) of section 73E, for the words "British

subjects" wherever they occur there shaH be substituted, in

each case, the words "citizen - of Malta".

In sections 47 and 48 , for the words " 10 1 Farenheit"

wherever they occur there shal1 be substituted in each case

the words "38.30 Celsius."

Paragraph (c) of section 99 shall be repealed.

Subsection (2) of section 4 shall be repealed.

Subsection (3) of section 22 shaH be repealed.

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Second Column

Extent of Amendment

1,-- --,

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Subsection (2) of section 38 shall be repealed.

In section 2, the definition of "Malta" shall be deleted.

In section 31, for the words "Food, Drugs and Drink­

ing-water Ordinance (Chapter 54)" there shall be substi­

tuted the words "Food, Drugs and Drinking Water Act,

1972."

In the proviso to subsection (2) of section 88, for the

words "into hard labour at the rate of one day for every

fifty cents" there shall be substituted the words "into impri­

sonment at the rate of one day for every five pounds."

In subsection (l) of section 6, for the words "to the

death penalty Of to hard labour for any term, or imprison­

ment" there shall be substituted the words "to imprison­

ment".

In subsection (3) of section 13, for the words "of the

Monte di Pieta" there shalI be substituted the words "of

Il-Monti".

In section 2, the definition of "Malta" shall be deleted.

Subsection (2) of section 7 and subsections (5) and (6)

of section 14 shall be repealed.

In section 2, for the words "the cost of which is recog­

nized as being payable under the provisions of the War

Damage Ordinance (Ordinance No. III of 1943)" in the

definition of "old urban tenement" there shall be substituted

the words "the cost of which was recognized as being pay­

able under the provisions of the War Damage Ordinance,

1943. "

In subsection (l) of section 25 bis, for the words "is

thereby entitled or may be entitIed to compensation under

the War Damage Ordinance, 1943, (Ordinance No. III of

] 943)" there shalI be substituted the words "was thereby

entitled or might have been entitled to compensation under

the War Damage Ordinance, 1943."

The proviso to subsection (2) of

section 4

shall

be

deleted.

A

Second Column

Extent of Amendment

In subsection (l ) of section 11, for the words "by the

Secretary of State" there shall be substituted the words "by

the Prime Minister".

In section 15, the words "the Secretary of State or"

shall be deleted.

For section 5 there shall be substituted the following

"5. The Department shall comprise such estab­

lishments and services as may from time to time be

declared by the Minister to form part of the Depart­

ment."

In paragraph (a) of subsection (l) of section 32, for

the words "31st day of March" there shall be substituted the

words " 31 st day of December."

In the Maltese text of subsection (2) of section 33A,

immediately after the words "wara li jisma' lil1-appel1ant"

there shall be added the words "u lir-Reġistratur Elettorali".

In the Maltese text of the Second Schedule, for the

words "*(Jekk missier l-applikant ikun mejjet, agħti n­

nazzjonalita tiegħu fiż-żmien tal-mewt tiegħu)" there shall

be substituted the following

"'of< (1 ekk missier l-applikant ikun mejjet, agħti n­

nazzjonalita tiegħu fiż-żmien tal-mewt tiegħu)

Isem u kunjom xbubiet omm

l-applikant

. .

.

.

. .

. . .

. . .

. .

. .

.

.

.

.

.

.

.

Post tat -twelid tagħha ............ ......... ... .. .. ......... ........

"

In subsection (4) of section 10, for the words "Council

of the League of Nations" there shall be substituted the

words "United Nations Organization."

In subsection (3) of section 1 1 for the words "of the

League of Nations" there shall be substituted the words "of

the United Nations Organization.�'

Paragraph (a) of subsection (2) of section 2 shall be

deleted.

Second Column

Exlent of Amendment

Section 21 shaH be amended as follows:-

(a) for subsection (2) therof there shaH be sub­

stituted the following:-

"(2) Where a person whose name appears in the

last revised Electoral Register, but does not appear in

the list published under subsection (3) of section 11 of

this Ordinance, has not received the voting document,

or after the receipt of such document, has lost or

destroyed it, such person (even though in his respect no

identity card was issued and was current1y valid during

the period mentioned in section ] l ( 1 ) of this Ordi­

nance) may not later than 6.00 p.m. of the Wednesday

immediately preceding the commencement of the poll,

appear before one of the Commissioners, and if -

(a)

he proves his identity by the production

of his identity card; and

(b)

makes a declaration on oath before any

such Commissioner that he has not received the

voting document 01' that, af tel' the receipt of such

document, he has los t or destroyed it, and such

further declarations on oath as the Commissioner

may require, he sha11 be given a voting document

issued specially for the purpose specifying as the

poIling place where such person is to cast his vote

a polling place designated for the purpose by the

Commissioners; and in any such case -

(i) such person shaH vote only at the

poIling place specified in the voting docu­

ment aforesaid; and

(iD if the name of such person appears

on any list referred to in subsection ( l ) of

section 18 of this Ordinance other than that

of the polling place aforesaid, the Com mis­

sioners shaH cause the name of such person

to be struck off such list; and

(iii) a list of all the persons to whom a

voting document is issued under this subsec­

tion sha1l be kept at the Commissioners'

Office and shall be open to inspection by any

candidate of his agent at all reasonable times

until the poll closes. "; and

(b) in subsection (10) of the Maltese text,

for the words "Bla ħsara għad-disposizzjonijiet ta'

din l-Ordinanza" there shalI be substituted the

words "Bla ħsara għad-disposizzjonijiet ta' l-arti­

kolu 29 ta' din l-Ordinanza".

In section 7, the words "or, in default of any such plan.

subjeot to such restrictions and conditions as the Town

Planning Commission refened to in Part l of that Code

may think fit to impose" shall be deleted.

A

Second Column

Extent of Amend111ent

In paragraph (b) of subsection ( l ) of section 23, th e

words "to the Secretary to Government or" shall be deleted.

Section 3 shall be amended as foIlows

-

(a) in subsection ( l) thereof the definition of

"Malta" shall be deleted; and

(b) immediately after subsection (1) thereof

there shall be added the following new subseotion:-

"(lA)

In this Act, and in every Aot passed

either before or af tel' the commencement of this

Act, "Malta" means the Island of Malta, the

Island of Gozo and other islands of the Maltese

Archipelago, including t he territorial

waters

thereof."

In the Maltese text of the provisa to subsection (l) of

s ec t i on 6 for the words "b'avviż fil-Gazzetta jistabbilixxi"

there shall be substituted the w or ds "b'avviż fil-Gazzetta jit­

termina".

lmmediately af tel' the present p rovision of subsection

( l) of section 7 there shall be added the fo1Jowing p r o v iso

"Provided t h at until an order is made under this

,

section containing a provision to the contrary, the

Rep u bli c of Italy and any other country with which

there is an arrangement as is referred to in subsection

(3) of s eo t i on 30 of t his Act shall be treated as if an

order designating it as a foreign country had been made

u nde r this section."

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Passed by the House of Representatives at S itti n g No. 545 of the 19th October, 1981.

CALCIDON AGIUS

Speaker

Clerk to the House of Representotives

Ippubblikat mit-Taqsima tal-Taghrif - Kastilja --

Kas/ilja

Pu/Jlished by the fnforll/a/ion

Division

-

Mithugħ fl ... Jstamperija

the

P,inletl at

Go\'ernmellt Printing Press

tal�Gvern

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Immediately after subsection (3) of section 8 of the principal

Act there shall be added the following new subs.ection

principal Act.

"(4) Notwithstanding anything contained in the foregoing

provisions of this section, the Minister may, in any notice given

thereunder, appoint or specify different dates for different parts of

any revised edition, and in any such case the said provisions shall

apply accordingly.".

Where any enactment contains a reference to hard labour, or Construction

to hard labour or imprisonment, or to imprisonment with hard labour, o f references to

such reference shall be read and construed as if it were a reference to

imprisonment.

The enactments shown in the First Schedule to this

Act

are

hereby repealed.

The enactments shown in the First Column of the Second

Schedule to this Act shall have effect subject to the amendments shown

in the Second Column thereof.