[ S.L.117.26 REQUISITION OF WATER-TANKERS 1 SUBSIDIARY LEGISLATION 117.26 REQUISITION OF WATER-TANKERS REGULATIONS 23rd July, 1986 LEGAL NOTICE 43 of 1986, as amended by Legal Notice 409 of
- The title of these regulations is the Requisition of WaterTankers Regulations. Title.
- In requires - Interpretation. these regulations, unless the context otherwise "water-tankers" includes any motor vehicle with a tanker for the conveyance of water, liquids or other material; "Minister" means the Prime Minister, or the Parliamentary Secretary to whom are assigned duties in connection with the Water Services Corporation; "person" includes a body or association of persons; "requisition" means the taking possession by the Minister of any water-tanker; "requisitionee" means the person from whose possession any water-tanker is requisitioned by the Minister.
- The Minister may, by order under his hand, requisition any water-tanker 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. Power of requisition.
- The Minister or any public officer 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 authorise any other person to use any requisitioned water-tanker. Use of requisitioned water-tanker.
(2)The Minister may also, in his discretion, hand over to any person any requisitioned water-tanker to be used by such person u n d e r t h e d i r e c t i o n o f t h e m a n a g e r o f t h e Wa t e r S e r v i c e s 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 frustrate, hinder or obstruct the execution or the carrying out of any measure, direction, or authorisation connected with such requisition order, shall, on conviction, be liable to imprisonment for a term not exceeding six months and 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). Offences and penalties. Amended by: L.N. 409 of
- 2 [ S.L.117.26 Compensation. REQUISITION OF WATER-TANKERS 7.
(1)In default of agreement between the Prime Minister and the requisitionee, the compensation payable to the latter shall be such as is deemed fair and treasonable 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 Prime 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 by the Prime Minister, the Prime 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 subject to the rules of natural justice 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.
(5)An appeal from the decision of the Board shall lie to the Court of Appeal and shall be brought by means of an application to be filed within six working days from the day on which the decision of the Board is delivered.