Cap. 500 Art. 3Scope.

(1) This Act shall apply to services supplied by a provider.

(2) Without prejudice to subarticle (1), this Act shall not apply to the following activities:

(a) financial services, such as banking, credit, insurance and re-insurance, occupational or personal pensions, securities, investment funds, payment and investment advice, including the services listed in Annex I to Directive 2006/48/EC relating to the taking up and pursuit of the business of credit institutions as transposed by the European Passport Rights for Credit

Institutions Regulations;

(b) electronic communications services and networks, and associated facilities and services, with respect to matters covered by Directives 2002/19/EC (Access Directive), 2002/20/ EC (Authorisation Directive), 2002/21/EC (Common Regulatory Framework), 2002/ 22/EC (Universal Services Directive) and 2002/58/EC (Directive on Piracy and Electronic Communication) as transposed into Maltese legislation;

(c) services in the field of transport, including port services, falling within the scope of Title V of the Treaty;

(d) services of temporary work agencies;

(e) healthcare services including pharmaceutical services financed at national level or whether they are public or private;

(f) audiovisual services, including cinematographic services, whatever their mode of production, distribution and transmission, and radio broadcasting;

(g) gambling activities as regulated by the Gaming Act;

(h) activities which are connected with the exercise of official authority as set out in Article 45 of the Treaty;

(i) social services relating to social housing, childcare and support of families and persons permanently or temporarily in need which are provided by the State, by providers mandated by the State or by charities recognised as such by the State;

(j) private security services;

(k) services provided by notaries and court marshals, who are appointed by an official act of government;

(l) services in the field of taxation.

(3) If the provisions of this Act are in conflict with a provision of a Community act governing specific aspects of access to, or exercise of a service activity in, specific sectors or for specific professions, the provision of the Community act shall prevail and shall apply to those specific sectors or professions. These include:

(a) Directive 96/71/EC on the posting of workers in the framework of the provision of services;

(b) Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and self-employed persons, and to members of their families moving within the Community;

(c) Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities;

(d) Directive 2005/36/EC on the recognition of professional qualifications.

(4) Furthermore, this Act shall not apply to:

(a) rules of private international law, in particular rules governing the law applicable to contractual and non-contractual obligations; and

(b) rules concerning the rules of jurisdiction of the Courts. without prejudice to the allocation of functions and powers vested among authorities within the national administrative system, a competent authority shall:

(a) simplify procedures and formalities applicable to the access to a service activity and to the exercise thereof;

(b) act objectively, transparently, efficiently and in a timely manner;

(c) provide information and assistance to providers and recipients subject to the provisions of this Act;

(d) make it possible to complete all procedures and formalities relating to access to a service activity and to the exercise thereof available electronically through the designated point of single contact: Provided that the requirement to make it possible to complete all procedures and formalities electronically through the point of single contact shall not be applicable to the inspection of premises on which the service is provided or of equipment used by the provider or to the physical examination of the capability or of the personal integrity of the provider or of his responsible staff;

(e) assist competent authorities of another Member State and seek their assistance in fulfilling the supervisory obligations in terms of article 8;

(f) perform such other functions as may from time to time be assigned to it by the Minister, in consultation with other Ministers, as may be applicable.