Measures taken by the Maltese authorities in relation to COVID-19 – Part V

by , on Apr 03, 2020 08:48:59 AM

Our lawyers are actively following all the measures which are being put in place from time to time by the Maltese authorities in light of the COVID-19 outbreak in Malta. These measures are taking effect by means of various Legal Notices, each of which is explained hereunder.

 Preventive Measures

 L.N. 115 of 2020 – Declaration of a Public Health Emergency Order, 2020 (01/04/2020)

 By virtue of this Legal Notice, the Superintendent of Public Health declared that, following the COVID-19 pandemic and with effect from the 7^th of March 2020, there exists a public health emergency in Malta.

 L.N. 111 of 2020 – Protection of Vulnerable Persons Order, 2020 (28/03/2020)

 By virtue of this Legal Notice, the Superintendent of Public Health ordered that those persons categorised as ‘vulnerable persons’ are to remain segregated in their residence for the purposes of reducing, removing or eliminating the threat of the COVID-19 infectious disease to public health.

 This measure is applicable to the following ‘vulnerable persons’:

• persons of sixty-five (65) years of age or over;
• pregnant women;
• persons suffering from the following chronic illnesses and, or medical conditions:
• insulin dependent diabetics;
• patients who are immunosuppressed;
• patients undergoing any immunosuppressive treatment including but not limited to the use of biological agents and immunomodulators;
• patients suffering from cancer who are undergoing chemotherapy;
• patients suffering, or who have suffered, from cancer having undergone chemo therapy at any time within the last six (6) months preceding the entry into force of this order;
• patients on dialysis;
• patients who are to be admitted to hospital with respiratory problem exacerbations;
• patients who, at any time within the last year preceding the entry into force of this order, have been admitted to hospital with respiratory problem exacerbations;
• patients suffering from cardiac disease who are to undergo a cardiac intervention or a cardiac surgical procedure;
• patients suffering, or who have suffered, from cardiac disease having undergone a cardiac intervention or a cardiac surgical procedure at any time during the last six (6) months preceding the entry into force of this order;
• patients attending a heart failure clinic; and
• patients on oral steroids

 Further to the above, any of the abovementioned vulnerable persons who holds a public office, is a Member of Parliament, is employed in the health services sector or is a healthcare professional, and, or, who occupies an essential headship position, is exempt from this measure unless that person chooses otherwise.

 Notwithstanding the above order, vulnerable persons may leave their residence to attend medical appointments, obtain medical care or treatment, acquire food, medicine, other daily necessities, or to attend to any other essential or urgent personal matter. In such events, such vulnerable persons are required to limit the period outdoors to the least time possible and exercise social distancing at all times.

 The Superintendent of Public Health may, in her absolute discretion, exempt from this measure any of the vulnerable persons or category of vulnerable persons hereabove mentioned.

 L.N. 112 of 2019 – Number of Persons in Public Spaces Order, 2020 (30/02/2020)

 By virtue of this Legal Notice, the Superintendent of Public Health ordered that groups of more than three (3) persons are prohibited in any open outdoor space accessible to members of the general public, including in queues and bus stops. In this respect, persons waiting in queues or on bus stops must keep a distance of two (2) metres between them.

 This prohibition however does not apply to groups of persons in public places if such persons live in the same residence.

 The Superintendent of Public Health may, in her absolute discretion, increase the number of persons hereabove mentioned.

L.N. 113 of 2019 – Enforcement of the order relating to the Number of Persons in Public Spaces Regulations, 2020 (30/02/2020)

 This Legal Notice is intended to enforce L.N. 112 ordering the prohibition of groups of more than three (3) persons, for the purposes of guarding against and, or controlling the COVID-19 infectious disease.

 By virtue of this Legal Notice, any person who fails to abide by such prohibition shall be guilty of an offence and shall, on conviction, be liable to the payment of a penalty of one hundred Euro (€100) for each and every occasion that such order is breached.

 L.N. 116 of 2020 – Commissioners for Justice Act (Schedule) (Amendment No.2) Regulations, 2020 (01/04/2020)

 This Legal Notice causes any breach of the provisions of L.N. 113 of 2020 entitled “Enforcement of the order relating to the Number of Persons in Public Spaces Regulations, 2020” to be regarded as a scheduled offence for the purposes of the Commissioners of Justice Act (Cap. 291).

 The Commissioners of Justice Act establishes a system for the de-penalisation and trial of petty cases before Commissioners of Justice by the Executive Police, local council or other authority, as the case may be.

 L.N. 102 of 2020 – Closure of Vehicle Roadworthiness Testing Stations (Amendment) Order, 2020 (25/03/2020) and L.N. 114 of 2020 – Closure of Vehicle Roadworthiness Testing Stations (Amendment No. 2) Order, 2020 (30/03/2020)

 This Legal Notice is intended to amend the wording of L.N. 91 of 2020 entitled “Closure of Vehicle Roadworthiness Testing Stations Order, 2020”.

 The order now allows authorised vehicle roadworthiness testing (VRT) stations to remain open solely to carry out roadworthiness tests on the following:

• heavy goods motor vehicles and their trailers to remain open, provided that they only carry out vehicle roadworthiness tests (VRT) on motor vehicles and their trailers that are covered, or that have a pending application with the Authority for Transport in Malta to be covered by a Community licence for the carriage of goods in terms of Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market;
• used motor vehicles imported into Malta prior to their first registration with Transport Malta;
• motor vehicles which had been garaged in accordance with the provisions of the Registration and Licensing of Motor Vehicles Regulations prior to the 20^th of March 2020 and whose owners require the issuance of new registration plates and the renewals of their vehicles’ licences for the said vehicles to be able to be used once again on the road;
• motor vehicles whose annual circulation licence expired prior to the 20^th of March 2020 and their licences had not been renewed, and which require a vehicle roadworthiness certificate in order to have their annual circulation licences renewed; and
• motor vehicles which require a vehicle roadworthiness certificate in order to be transferred to a third party.

 This order shall be deemed to have come into force on the 1^st of April 2020.

 L.N. 117 of 2020 – Temporary Street Hawker Licences and Street Hawking Distance Regulations, 2020 (01/04/20)

 Notwithstanding L.N. 73, L.N. 83 and L.N. 83 of 2020, the Minister for the Economy, Investment and Small Businesses has made regulations intended to allow street hawkers selling local agricultural produce to continue to operate.

 This Legal Notice deems all those persons in possession of a valid permit issued by the Market Administration Unit or any other section or entity vested with the power to issue permits under the Farmers’ Markets Regulations, to be in possession of a temporary licence as a street hawker to sell local agricultural produce, such as fruit and vegetables produced from fields registered with the Director responsible for Agriculture, without the need to apply and secure a street hawkers licence as is required for street hawking activity.

 Such temporary licence is subject to the Environmental Health Directorate being satisfied that the person in question can operate such activity on the basis of clearances already issued to such person. In absence of such clearance from the Environmental Health Directorate, the said person is required to register his activity with the Food Safety Commission.

 Street hawkers operating by virtue of this Legal Notice shall wear the identification badge supplied by the Market Administration Unit and shall have the permit document clearly visible at all times.

 Moreover, the above-mentioned temporary licences are valid until such time that the Superintendent of Public Health determines:

• that markets or farmers markets shall not remain closed; or
• that street hawking activity including street hawking for the selling of vegetables shall cease; or
• that the persons themselves fall within a category of persons who are not permitted to be outdoors.

 When stopping their vehicles to sell to their clients, street hawkers shall park their vehicle within one hundred (100) metres of walking distance from the entrance of any commercial premises which is not closed, or less than one hundred (100) metres of walking distance from another street hawker. Moreover, there shall not be more than two (2) street hawkers from a particular street hawker within a circumference of three hundred (300) metres.

 Street hawkers operating by virtue of their temporary licence shall only serve one (1) customer at a time and the other customers must stay in a line with a distance of two (2) metres apart from each other.

 Finally, notwithstanding any of the above, this temporary licence is subject to all conditions and penalties related to street hawking, as may be applicable.

 L.N. 118 of 2020 – Mandatory Non-essential Travel between Malta and Gozo Order, 2020 (01/04/20)

 By virtue of this Legal Notice, the Superintendent of Public Health ordered that, as from the 3^rd of April 2020, travel between Malta and Gozo shall be limited only to the following:

• persons who need to travel between Malta and Gozo for work;
• persons who need to travel to visit members of the family;
• persons who need to travel between Malta and Gozo for medical reasons or to visit a member of the family who is hospitalised; and
• persons who need to travel to return to their ordinary residence.

 These restrictions do not apply for travel of commercial vehicles and merchandise between Malta and Gozo.

 The Superintendent of Public Health reserved the right to increase or reduce these restrictions as her own discretion.

 L.N. 119 of 2020 – Closure of the Local Tribunals Order, 2020 (01/04/20)

 By virtue of this Legal Notice, the Superintendent of Public Health ordered the closure of all local tribunals and their registries, specifically those established by means of the Local Tribunals (Establishment of Tribunals and Designation of Registry, Registrar and Other Officers) Regulations.

 Such closure came into effect as of the 30^th of March 2020 and shall remain indefinitely until revoked by the Superintendent.

 In this respect, any legal, judicial or administrative time-limit for the filing of any acts before the above-mentioned local tribunals shall be suspended for a period of twenty (20) days from the repeal of such order by the Superintendent, after which all legal terms shall continue to run normal.

 Moreover, any service of summons shall be suspended until a period of ten (10) days from the repeal of such order by the Superintendent.

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• Topics:
• COVID-19