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Cap. 411 · cap/411 (Cap. 411)

Cap. 411 Art. 7Powers of Minister to make regulations.

In KraftAmtlicher Text

(1) The Minister responsible for Civil Protection may by regulation provide:-

(a) generally for regulating civil protection matters;

(b) for the procedures to be adopted with respect to any disaster or public emergency occurring in Malta, including any investigation relating thereto; and times, in such manner and by such persons as may be specified in the regulations;

(ii) applying, without modification, for the purpose of investigations held with respect to any such accident any of the provisions of any other enactment relating to investigations in cases of disaster;

(iii) prohibiting, pending investigation, access to or interference in the area where a disaster has occurred, and authorising any person, so far as may be necessary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such area.

(c) for establishing the objectives and provisions, directives, codes of practice and guidelines relating to preparedness and response issues;

(d) for establishing the system and requirements for civil protection planning;

(e) for determining, with the concurrence of the Minister responsible for Finance, the method and payment of compensation levels for material losses incurred by persons during an emergency in terms of the Emergency Powers Act and during a disaster as defined in that Act;

(f) for prescribing or making provision for any matter that is to be or may be prescribed under this Act;

(g) for penalties of an administrative nature;

(h) for establishing provisions and procedures with a view to promoting fire safety;

(i) for prescribing provisions and procedures with a view to maintaining a high level of health and safety during public events: Provided that the organiser of the public event shall be responsible for the carrying out of vulnerability and risk assessments in relation to such public events, notwithstanding any regulations that the Minister may prescribe from time to time;

(j) for prescribing, amending or repealing the Schedules to this Act.

(2) The payment of any compensation under the provision of such regulations shall be a charge upon the Consolidated Fund.

(3) Without prejudice to the powers of the Minister under the foregoing sub-articles of this article, every officer of the Department of Civil Protection may prohibit access to any area Assistance and Rescue Force.

(2) The Assistance and Rescue Force shall be headed by the

Director General or any officer designated or authorised by the Director

General to act on his behalf as may be prescribed by the Minister.

(3) Before entering upon his duties an officer of the Assistance and Rescue Force shall take the oath of office according to the Schedule to this Act.

(4) The functions of the Assistance and Rescue Force shall be -

(a) to maintain an adequate service for prompt intervention in the case of fire and rescue on land and at sea, flooding, sea salvage, rescue and any other natural or man-made disaster situation which requires the immediate assistance of a public force or special equipment;

(b) to intervene in any emergency or disaster;

(c) to carry out any of the duties assigned to it by the Director General of Civil Protection.

(5) The government and discipline of the Force shall be such as may be prescribed by regulations made by the Minister under article 7 and such regulations may contain provisions concerning the recruitment to the Force and the terms and conditions of service, the discharge from and the training of the Force, including the transfer of any member thereof to any other force, as well as any other matter relating to the Force.

(6) Regulations as aforesaid may provide for the extension to the members of the Force of any one or more of the duties and powers of the officers of the Police Force, subject to such modifications, adaptations and restrictions, and in such circumstances as may be specified in the regulations.

(7) The members of the Force shall be entitled to join a trade union.

(8) A candidate for appointment as an officer in the Assistance and Rescue Force must have attained eighteen (18) years of age and must not be above thirty-nine (39) years of age:

Provided that, any member of the Civil Protection Volunteer Corps who is above thirty-nine (39) years of age may still be eligible for appointment as an officer in the Assistance and Rescue Force if he has been active in the Corps for at least two (2) years.

Änderungsgeschichte
  • Amended by XVI.2022.11