REQUISITION OF PLANT MACHINERY AND EQUIPMENT FOR CERAMIC PRODUCTS [ S.L.117.21 1 SUBSIDIARY LEGISLATION 117.21 REQUISITION OF PLANT MACHINERY AND EQUIPMENT FOR CERAMIC PRODUCTS REGULATIONS 21st March, 1975 LEGAL NOTICE 37 of 1975, as amended by Legal Notice 409 of
- The title of these regulations is the Requisition of Plant, Machinery and Equipment for Ceramic Products Regulations. Title.
- In requires - Interpretation. these regulations, unless the context otherwise "plant, machinery and equipment" means any plant, machinery and equipment including all accessories, tools and parts required for and connected with the processing of clay materials and the manufacturing of plain or decorative glazed tiles and other ceramic products; "Minister" means the Minister responsible for trade; "requisitionee" means the person from whose possession any plant, machinery and equipment is requisitioned by the Minister; "requisition" means the taking of possession by the Minister of any plant, machinery and equipment.
- The Minister may, by order under his hand, requisition any plant, machinery and equipment from any requisitionee and may give such directions as appear to him necessary or expedient in order that the requisition may be put into effect and complied with. Such requisition may be delivered by hand by any of the persons designated by the Minister in accordance with the provisions of regulation 4 at the requisitionee’s usual place of abode or place of business. Delivery as herein set out shall be considered as due service on the requisitionee. Power of requisition.
- The Minister or any other person authorised by him may enter any premises with a view to securing compliance with the requisition order. Power of entry. 5.
(1)The Minister may authorize the Director of Industry or the Malta Development Corporation to use any plant, machinery and equipment requisitioned under these Regulations. Use of requisitioned plant, machinery and equipment.
(2)The Minister may also, in his discretion, hand over to any person any plant, machinery and equipment requisitioned under these Regulations to be used by such person under the direction of the Director of Industry or the Malta Development Corporation.
- Any person who contravenes or fails to comply with any requisition order made by the Minister under regulation 3 or who performs any act or omits to perform any act knowing or having reasonable cause to believe that such act or omission is likely to Offences and penalties. Amended by: L.N. 409 of
- 2 [ S.L.117.21 REQUISITION OF PLANT MACHINERY AND EQUIPMENT FOR CERAMIC PRODUCTS frustrate, hinder or obstruct the execution or the carrying out of any measure, direction or authorisation given under these regulations, connected with such requisition order shall, on conviction, be liable to imprisonment not exceeding six months or to a fine (multa) of not less than four hundred and sixty-five euros and eighty-seven cents (465.87) and not exceeding two thousand and three hundred and twenty-nine euros and thirty-seven cents (2,329.37) or to both such imprisonment and fine. Compensation. 7.
(1)In default of agreement between the Minister and the requisitionee, the compensation payable to the latter shall be such as is deemed fair and reasonable in all the circumstances of the case by a Board to be composed as follows: (
- a)a Magistrate, to be appointed by the Prime Minister, as Chairman; (
- b)a person to be appointed by the Minister as his representative; and (
- c)a person to be appointed by the requisitionee as his representative.
(2)If the requisitionee does not appoint his representative within the period of seven days from the day on which he is asked in writing to do so, the Minister shall appoint a third member to represent the requisitionee.
(3)Before starting the proceedings relative to the assessment of the compensation payable to the requisitionee, the members of the Board, with the exception of the Chairman, shall take before the Chairman the oath to examine and decide with equity and impartiality the matter before it. Cap. 12.
(4)The Board shall regulate its own procedure and shall have the same powers as are by the Code of Organization and Civil Procedure conferred on the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) to call witnesses and hear evidence on oath. Summons to witnesses shall be signed by the Chairman of the Board.