Cap. 171 Art. 22Transitory provision.

Until such time as the Council is established under article 7

of this Ordinance the Minister may by order make determinations under the provisions of article 8 without reference to such Council and such determinations shall be published in the Government

Gazette and shall remain binding on all employers of port workers and on port workers from the date of publication or such other future date as may be appointed by the Minister until they are varied or revoked by other determinations made in accordance with the provisions of article 8.

*This Ordinance was included in the 1942 Revised Edition of the Laws of Malta as Chapter 158.

Procedure of the Port Work Appeals Board

Subject to the provisions of paragraph 3 hereof, an appeal in accordance provisions of article 8 of this Ordinance shall be made by the applicant and with the secretary of the Port Work Appeals Board in a written form by or delivered by hand to the secretary. appeal under paragraph (1) hereof shall contain the following main details concerning the appeal with relevant supporting documentation annexed as necessary; brief statement of facts, and grounds of the appeal. application for an appeal shall be filed with the secretary of the Board in of which shall by not later than three days be served separately secretary on the Authority and on any other affected party. Chairman of the Board may, at any time, allow an amendment to be application only for the purpose of making it clearer: that the Chairman shall not take cognizance of such amendments than those submitted in the first application. Whenever a copy of an application of appeal is served on the Authority or affected party in accordance with paragraph (3) hereof, the Authority, or affected party, shall file with the secretary of the Board within the time the Chairman in his communication (which in no case shall exceed reply in duplicate stating the reasons for contesting the appeal, one shall by not later than three days be served by the secretary on the

Chairman of the Board shall as soon as practicable appoint a day for the appeal, which saving as the Chairman may otherwise direct for commercial confidentiality, be heard in public. shall prevent the Board, either before the hearing or at any time hearing of an appeal, from summarily dismissing or disallowing an appeal it or without hearing any further, as the case may be, on the grounds is frivolous or vexatious or one that should not have been brought or warrants, orders issued by the Board shall -signed by the Chairman and countersigned by the secretary; delivered by registered mail or by any other form that the Chairman determine. conducting its proceedings, the Board shall ensure -

the affairs of the Board and its proceedings are carried out in an impartial and transparent manner; the proceedings are concluded within a reasonable time; Board to the Minister and the Chairman of the Authority.

(10) If considered necessary, the Chairman of the Board may summon appoint experts to assist the Board, and, where applicable, hear evidence

(11) The Board may at its own discretion order any party, or parties, before it to bear the reasonable costs related to the Board’s performance functions under these regulations, including, where applicable, the appropriate consultants and, or experts necessary to carry out functions in a proper manner. The Board may, when delivering determine which, or in what proportion, are the parties to pay such

(12) The Board shall endeavour to determine an appeal within the date of the first submission of the appeal by an applicant: Provided that the Minister may for valid reasons establish further for the Board to conclude its deliberations after application by the Board.

(13) With regard to the conduct of proceedings before it, the Board the powers that are vested by the Code of Organization and Civil Civil Court, First Hall.

(14) Any person -

(a) who fails to provide the Board with the relevant information within the time specified in a written notice, and, or

(b) who knowingly provides false information to the Board, shall be guilty of an offence under this Ordinance.

(15) A person who -

(a) commits an offence under paragraph (14)(a) of this Schedule liable, on conviction, to a fine (multa) not exceeding eighty-two euro and thirty-four cents (582.34), and, second offence or subsequent offence, to a fine (multa) one thousand and one hundred and sixty-four euro and (1,164.69);

(b) commits an offence under paragraph (14)(b) of this Schedule liable, on conviction, to a fine (multa) not exceeding three hundred and twenty-nine euro and thirty-seven cents to imprisonment for a term not exceeding six months fine and imprisonment.

Procedures of the Port Workers Board