L.S. 117.07 Regolamenti dwar il-Bordijiet ta' Inkjesta dwar il-Manteniment u l-Kontroll ta' Provvisti u Servizzi

BOARDS OF INQUIRY RELATIVE TO MAINTENANCE AND CONTROL OF SUPPLIES AND SERVICES [ S.L.117.07 1 SUBSIDIARY LEGISLATION 117.07 BOARDS OF INQUIRY RELATIVE TO MAINTENANCE AND CONTROL OF SUPPLIES AND SERVICES REGULATIONS 30th June, 1956 GOVERNMENT NOTICE 387 of 1956, as amended by Legal Notice 409 of 2007. 1. The title of these regulations is Boards of Inquiry relative to Maintenance and Control of Supplies and Services Regulations. Title. 2. In requires - Interpretation. these regulations, unless the context otherwise ''Board'' means a Board of inquiry appointed under these Regulations; ''essential supplies'' and ''essential services'' have the meanings assigned to them in the Supplies and Services Act, and include in particular the supply, importation, production, distribution, use or consumption of wheat, flour, by-products of wheat including bread; ''undertaking'' has the same meaning assigned to it by the Supplies and Services Act; Cap. 117. Cap. 117. 3. Where a Board of inquiry is appointed under the Supplies and Services Act, for the purposes of ascertaining the facts and circumstances relating to any essential supplies or services, the provisions of these Regulations shall apply. Appointment of Board of inquiry. Cap. 117. 4. The Board shall be composed of a magistrate who shall be the chairman, of such number of other persons, as may be deemed necessary, and of a Secretary. Composition of the Board. 5. Before taking cognisance of any matter referred to the Board, every member (other than the Chairman) and the secretary shall take an oath of office before the Chairman of the Board in the form quoted in the Schedule to these Regulations. Oath of office. 6. The Board shall carry out its investigations in camera and shall regulate its own procedure as it deems fit and may likewise form an opinion on any matter in any manner as it deems fit. Investigations. 7. The Board shall have the power (

1. a)to summon persons to appear and give information on oath at such place, day and time as it may determine; (
2. b)to require any person in possession of books, accounts or documents that may have a bearing on its investigations to produce to it such books, accounts or other documents or to require any such person to furnish to it such estimates, extracts or returns as it may require; (
3. c)to require any person in possession of goods or things that may have a bearing on its investigations to Powers of the Board. 2 BOARDS OF INQUIRY RELATIVE TO MAINTENANCE AND CONTROL OF SUPPLIES AND SERVICES [ S.L.117.07 produce to it samples of such goods or things, and/or specifications thereof, on payment of a fair and reasonable compensation; (
4. d)at all reasonable times to enter any place where any business or undertaking relating to its investigations is being carried out or where it has reason to believe that any goods or things to which those terms refer are kept or stored, or where it has reason to believe that any books, accounts or documents which may be relevant to the inquiry are kept; as well as any other place or premises used by or under the control of the persons to whom that business or undertaking appertains: Provided that the Board shall not, unless it thinks that it is necessary to do so, enter into any premises used as a dwelling house without giving the occupiers thereof at least twenty-four hours notice of its intention of so doing; (
5. e)to take samples of any of the goods or things referred to in paragraph (
6. d)of this regulation making a fair and reasonable compensation; (
7. f)to examine, test and analyse or cause to be examined, tested and analysed any samples, goods or things making where necessary a fair and reasonable compensation; (
8. g)to inspect in such manner and at such place as it may determine and take extracts from any books, accounts or documents referred to in paragraphs (
9. b)and (
10. d)of this regulation; Cap.12 . (
11. h)to enforce in such manner as it deems fit the attendance before it for the purposes of this regulation of persons ordered to do so and the doing of anything ordered under this regulation; for the purpose of such enforcement, the Board shall have the same powers as the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) as set out in the Code of Organization and Civil Procedure except that it shall not in any case have power to order the detention of any person. Order to be given in writing and signed by the chairman. 8. Any order to persons to appear before the Board to give information and/or to produce books, accounts, documents, samples and/or specifications of goods or things shall be given in writing and shall be signed by the Chairman. Fees. 9. The fees payable to persons appearing before the Board to give information to it shall be equal to those provided for by the Witnesses (Fees) Ordinance and where that Ordinance does not provide for appropriate fees, the fees shall be those determined by the chairman in each particular case. Cap. 108. Offences and penalties. Amended by: L.N. 409 of 2007. 10.