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)

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

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_____ 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".\'

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