LOCAL COUNCILS AND REGIONAL COUNCILS (DELEGATION OF ENFORCEMENT) [ S.L.363.41 1 SUBSIDIARY LEGISLATION 363.41 LOCAL COUNCILS AND REGIONAL COUNCILS (DELEGATION OF ENFORCEMENT) ORDER 25th February, 2000 LEGAL NOTICE 32 of 2000, as amended by Legal Notices 38, 44, 45, 84, 88, 94, 114, 120, 133, 196, 227 and 256 of 2000, 20 and 294 of 2001, 137, 296, 315 and 326 of 2002, 210 of 2003, 45, 266, 293, 431 and 518 of 2004, 29, 224, 273 and 405 of 2005, 321 of 2007, 265 and 266 of 2008, and 2, 314, 347, 417 and 492 of 2011, 207 of 2019 and 285 of 2022 and Act XXIX of 2019. 1. The title of this Order is the Local Councils and Regional Councils (Delegation of Enforcement) Order. Citation. Amended by: L.N. 2 of 2011. Substituted by: L.N. 285 of 2022. 2.
(1)In terms of article 33
(1)(
- n)of the Local Government Act, hereinafter referred to as "the Act", the enforcement of - Delegated functions. Amended by: L.N. 20 of 2001; L.N. 2 of 2011. Cap. 363. (
- a)Bye-Laws made, or which may from time to time be made, by each Local Council under the provisions of article 34
(1)of the Act; (b) contraventions for such of the offences listed in the Schedule to the Commissioners for Justice Act which are shown under the First Schedule to this Order, shall be a function which is hereby being delegated to each Local Council in relation to contraventions committed in its locality or to the Joint Committee or Regional Council with regards to contraventions that are committed in any locality falling under its responsibility according to this Order.
(2)The aforementioned delegation shall take effect in relation to each Local Council or Regional Committee as from the date shown against that Local Council or Joint Committee or Regional Council in the Second Schedule: Provided that when it is indicated that such effective date is to be established, such date shall be established by Order of the Minister.
(3)The Minister may by Order withdraw the delegation given to any Local Council or Joint Committee or Regional Council and such Order shall come into effect as from the date shown in the Second Schedule: Provided that when that date is established, any notice of contravention issued by a Local Council shall remain valid and any proceedings before a tribunal or court shall be continued in the name of that Local Council until all proceedings in respect of that contravention have been exhausted. Cap. 291. 2 [ S.L.363.41 LOCAL COUNCILS AND REGIONAL COUNCILS (DELEGATION OF ENFORCEMENT) Responsibility for arterial and distributor roads, etc. Amended by: L.N. 20 of 2001; L.N. 2 of 2011. 3. In terms of article 33
(2)of the Act, the responsibility for arterial and distributor roads and the items shown in the Third Schedule is being delegated to Local Councils or Joint Committee or Regional Council solely for the purposes of enforcement as provided in article 2
(1)of this Order. Applicability of article 36 of the Act. 4.
(1)Subject to the provisions of sub-article
(2)of this article, article 36
(2),
(3),
(4)and
(5)of the Act shall, in addition to Bye-Laws, apply to such of the offences listed in the Schedule to the Commissioners for Justice Act which are shown under the First Schedule to this Order. Cap. 291.
(2)For the purposes of article 36
(3)of the Act, Commissioners for Justice shall, with effect from the 17th day of April, 2000, sit in the Local Tribunals so designated in terms of article 4
(11)of the Commissioners for Justice Act. LOCAL COUNCILS AND REGIONAL COUNCILS (DELEGATION OF ENFORCEMENT) [ S.L.363.41 3 Amended by: FIRST SCHEDULE L.N. 256 of 2000; (Article 2
(1)(b)) L.N. 294 of 2001; L.N. 137 of 2002; Offences listed in the Schedule to the Commissioners L.N. 315 of 2002; for Justice Act, the enforcement of which is being L.N. 45 of 2004; 293 of 2004; delegated to Local Councils or Regional Councils L.N. L.N. 431 of 2004; L.N. 518 of 2004; L.N. 224 of 2005; L.N. 405 of 2005; L.N. 321 of 2007; L.N. 2 of
- Substituted by: L.N. 314 of 2011; L.N. 417 of
- Amended by: L.N. 492 of 2011; L.N. 207 of 2019; XXIX.2019.71; L.N. 285 of
- Leġislation Chapter or Subsidiary Legislation number Particular provisions, if any Traffic Regulation Ordinance Cap. 65 Articles 3, 30, 34
(1)and 46; and the Second Schedule in respect of parking or waiting or stopping at prohibited place. Motor Vehicles Regulations S.L. 65.11 Regulations 59, 61, 67 to 90, 92 to 103, 105 to 110A, 114 to 118, 123 to 127, 130 and 134 Clamping and Removal of Motor Ve h i c l e s and Encumbering Objects Regulations S.L. 65.13 Regulation
- Traffic Signs and Carriageway Markings Regulations S.L. 65.05 Regulation
- Litter Act Cap. 206 Articles 3, 4, 5,
- Education Act Cap. 605 Articles 58 to 63, both inclusive. M o t o r Ve h i c l e s I n s u r a n c e (Third Party Risks) Ordinance Cap. 104 Article 8
(1). Motor Vehicles (Wearing of Seat Belts) Regulations S.L. 65.12 Control of Dogs Regulations S.L. 312.01 Controlled Parking Schemes (Residents and Commercial) Regulations S.L. 363.80 4 [ S.L.363.41 LOCAL COUNCILS AND REGIONAL COUNCILS (DELEGATION OF ENFORCEMENT) Activities requiring Permit by Local Councils Regulations S.L. 441.04 Trenching Works requiring Permit by Local Council regulations S.L. 441.05 Placing of Billboards and Advertising on the Road Regulations S.L. 499.32 Regulations 4, 8, 9, 10,12. Registration and Licensing of Motor Vehicles S.L. 368.02 Regulations 8, 13
(1), 14
(3), 17
(1),
(2), 18, 20, 21
(1), 24, 32
(3),
(4),
(5),
(7), 33, 35, 44
(7)(b), (c), (d), (e), (f), (g), (h), (i) and (j). Abandonment, Dumping and Disposal of Waste in Streets and Public P laces or Area Regulations S.L. 504.67 Environmental Management Construction Site Regulations S.L. 504.83 Motor Vehicles (Carriage of Goods by Road) Regulations S.L. 65.19 Regulations 5, 68, 69, 72. Motor Tractors Regulations S.L. 65.08 Regulation 3. Pedal and Low-Powered Cycles Regulations S.L. 65.26 Regulations 4
(1), 5
(1), 6,7, 9 to 11, 13, 14, 17
(6),19, 21 to 24,
- M o t o r Ve h i c l e s ( D r i v i n g Licences) Regulations S.L. 65.18 Regulations 3, 4, 27, 56, 57, 58, 69,
- Va l l e t t a P e d e s t r i a n Z o n e s Regulations S.L. 499.54 Regulation
- Mdina (Restriction of Access a n d T r a n s i t o f Ve h i c l e s ) Regulations S.L. 65.27 Regulation
- Tobacco (Smoking Control) Act Cap. 315 Article
- Smoking in Public Places Regulations S.L. 315.04 Management of Bathing Water Quality Regulations Smoking Control in Private Vehicles Regulations Micromobility Regulations S.L. 465.09 Regulations 19
(1)and
(2). S.L. 315.11 S.L. 65.32 Regulations 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 28. LOCAL COUNCILS AND REGIONAL COUNCILS (DELEGATION OF ENFORCEMENT) SECOND SCHEDULE (Article 2
(2)and
(3)Local Council/Regional Council Effective date of delegation Pembroke, Sliema, Swieqi, San Giljan and San Ġwann 25th February, 2000 Għargħur, Mellieħa, Mġarr, Mosta, Naxxar and San Pawl il-Baħar 18th March, 2000 Gżira, Ħamrun, Msida, Pietà and Ta’ Xbiex 12th May, 2000 Attard, Balzan, Birkirkara, Dingli, Iklin, Lija, 8th March, 2000 Mdina, Mtarfa, Rabat (Malta) and Santa Venera Dingli again with effect from 1st November, 2002 Mtarfa again with effect from 11th March, 2004 Għaxaq, Gudja, Marsaxlokk, Paola, Santa 23rd May, 2000 Lucija, Tarxien and Żejtun Gudja again with effect from 4th November, 2008 Floriana 17th June, 2003 Marsa 4th November, 2008 Valletta 4th July, 2000 Qormi, Siġġiewi and Żebbuġ (Malta) 24th May, 2000 Kirkop, Luqa, Mqabba, Qrendi, Safi and Żurrieq 27th June, 2000 Birżebbuġa 4th November, 2008 Rabat (Gozo), Fontana, Għajnsielem, Għarb, Għasri, Kerċem, Munxar, Nadur, Qala, Sannat, Xewkija and Żebbuġ (Gozo) 2nd June, 2000 San Lawrenz 4th July, 2000 Xagħra 29th September, 2000 Birgu, Bormla, Fgura, Kalkara, Marsaskala and Żabbar 28th July, 2000 Isla 4th November, 2000 Xgħajra 17th July, 2003 [ S.L.363.41 5 Amended by: L.N. 38 of 2000; L.N. 44 of 2000; L.N. 45 of 2000; L.N. 84 of 2000; L.N. 88 of 2000; L.N. 94 of 2000; L.N. 114 of 2000; L.N. 120 of 2000; L.N. 133 of 2000; L.N. 196 of 2000; L.N. 227 of 2000 L.N. 20 of 2001; L.N. 296 of 2002; L.N. 326 of 2002; L.N. 210 of 2003; L.N. 266 of 2004; L.N. 431 of 2004; L.N. 29 of 2005; L.N. 273 of 2005; L.N. 265 of 2008; L.N. 266 of 2008; L.N, 2 of 2011; L.N. 347 of 2011. Termination date of delegation 31st August, 2011 31st August, 2011 31st August, 2011 31st August, 2011 31st August, 2011 31st August, 2011 31st August, 2011 31st August, 2011 31st August, 2011 31st August, 2011 31st August, 2011 31st August, 2011 31st August, 2011 31st August, 2011 31st August, 2011 31st August, 2011 31st August, 2011 [ S.L.363.41 LOCAL COUNCILS AND REGIONAL COUNCILS (DELEGATION OF ENFORCEMENT) South Eastern Regional Council Gozo Regional Council Northern Regional Council Southern Regional Council Central Regional Council 1st September, 2011 1st September, 2011 1st September, 2011 1st September, 2011 1st September, 2011 6 LOCAL COUNCILS AND REGIONAL COUNCILS (DELEGATION OF ENFORCEMENT) [ S.L.363.41 7 THIRD SCHEDULE (Article 3 Items included under the responsibility of Local Councils solely for the purposes of enforcement Industrial Areas: Attard Industrial Estate Bulebel Industrial Estate Ħal Far Industrial Estate Kordin Industrial Estate Luqa Industrial Estate Marsa Industrial Estate Ricasoli Industrial Estate San Ġwann Industrial Estate Xewkija Industrial Estate Gozo Crafts Village Ta’ Qali Crafts Village Airport Limits of Attard Limits of Żejtun Limits of Birżebbuġa Limits of Paola Limits of Luqa Limits of Marsa Limits of Kalkara Limits of San Ġwann Limits of Xewkija Limits of Għarb Limits of Attard Limits of Luqa Bus Terminus Bus Terminus Ports listed in the First Schedule to the Malta Maritime Authority Act. Social and Health Centres: University of Malta Valletta Rabat, Gozo St Luke’s Hospital Pietà Magħtab Dumping Site Wied Fulija Dumping Site Qortin Dumping Site Government Ministry Buildings (ex-Beltissebħ) Marsa Sports Complex Wa t e r S p o r t s C o m p l e x , Marsalforn Limits of Naxxar Limits of Żurrieq Xagħra Floriana Limited to public access outdoor areas which are not security areas or zones. Limited to the land area which forms part of a port. Msida Limits of Marsa Żebbuġ, Gozo Limited to public access parking areas within the precincts as may be agreed with the University. Limited to public access outdoor areas during the official visiting hours. Limited to public access outdoor areas. 8 [ S.L.363.41 Ta’ Qali National Football Stadium Cemetries: Addolorata Cemetery LOCAL COUNCILS AND REGIONAL COUNCILS (DELEGATION OF ENFORCEMENT) Limits of Attard Limited to public access outdoor parking areas surrounding the Stadium and fo rm ing par t o f t he Complex. Limits of Paola Limited to public access parking areas surrounding the Cemetery forming part of the Cemetery. Parks and Heritage Sites: (Forts and fortifications to include moats, glacis and those components of the forts or fortifications which though not obvious are part of them) Buskett Limits of Siġġiewi Ta’ Qali Limits of Attard Simar San Pawl il-Baħar Manoel Island Birgu Fortifications Bormla Fortifications Cittadella Fortifications Rabat, Gozo Floriana Fortifications Mdina Fortifications Senglea Fortifications Valletta Fortifications Valletta Fortifications Cottonera Lines Victoria Lines City Gate Valletta Portes des Bombes Floriana Wignacourt Aqueduct and Fountain All archaeological sites Limited to any parking registered with the areas surounding such Museums Department. sites forming part of the sites. Gardens and Monuments: Independence Arena Floriana The Mall Floriana Lower Barrakka Gardens Valletta Upper Barrakka Gardens Valletta Argotti Botanical Gardens Floriana Rundle Gardens Rabat, Gozo San Anton Palace Gardens Attard Limited to public access areas. LOCAL COUNCILS AND REGIONAL COUNCILS (DELEGATION OF ENFORCEMENT) Verdala Palace Gardens Siġġiewi [ S.L.363.41 9 Limited to public access areas. Roads: All arterial and distributor roads determined by the Structure Plan.