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.
This Legal Notice is intended to amend L.N. 76 of 2020 entitled “Closure of Non-Essential Retail Outlets and Outlets Providing Non-essential Services Order, 2020” and L.N. 82 of 2020 entitled “Closure of Places Open to the Public (Amendment) Order, 2020”, as amended by L.N. 171 of 2020, with effect from the 20th of May 2020.
The amendment essentially replaces the wording “orders the closure of all shops whereby their principal business relates to selling of clothing, sportswear, jewellery, hand bags and leather goods, costume jewellery and accessories, footwear, non-prescription eye-wear, perfumeries, beauty products, haberdasheries, soft furnishings, souvenir shops, discount stores, luggage shops, toy shops, hobby shops, furniture shops, florists and vaping shops, whether operating in shopping malls and/or elsewhere” with “orders the closure of the following outlets providing non-essential services: spas and tattooists”, effectively making the Order of Closure of Non-Essential Retail Outlets and Outlets Providing Non-essential Services applicable only to spas and tattooists. This means that, in addition to the retail outlets which were already allowed to open as from the 4th of May, the rest of the mentioned retail outlets are free to open to the general public of the 20th of May 2020.
Notwithstanding this amendment, vaping shops shall open solely and exclusively for sale of permissible products and for no other service, and clients are not to remain inside the vaping shops after availing themselves of such products.
This Legal Notice is intended to amend L.N. 95 of 2020 entitled “Closure of Places Open to the Public Order, 2020”, as amended by L.N. 172 of 2020, with effect from the 20th of May 2020.
The order for the closure of places open to the public has now been amended and made applicable to the following venues, indefinitely:
The order now stipulates that restaurants, cafeterias, snack bars and clubs that have seating facilities outdoors shall principally, and as far as practicable, provide services to their clients outdoors, whereas all restaurants, cafeterias, snack bars and clubs that do not have seating facilities outdoors, shall provide services to their clients indoors, at a reduced capacity and always with the applicable measures of social distancing. Moreover, restaurants, cafeterias, snack bars and clubs may continue to provide delivery and take-away services to the community and all restaurants, cafeterias and snack bars situated in hotels may continue to provide room service to hotel guests and delivery service to the community.
Furthermore, the order now also states that gaming parlours shall open solely and exclusively to provide sports betting through the till and for no other service, and clients are not to remain inside the gaming parlours after availing themselves of such sports betting service.
This Legal Notice is intended to amend L.N. 101 of 2020 entitled “Suspension of Organised Events Order, 2020”, which ordered the suspension of all organised events, including all cultural, recreational, entertainment, sporting and religious events and exhibitions in public or private places .
This amendment, however, exempts organised sports activities and training of individuals and groups of not more than six (6) persons in open spaces, provided mitigation measures issued by the Superintendent of Public Health are adhered to.
Moreover, the Superintendent of Public Health may grant further exemptions to other organised events held in public or in open spaces if such events are organised as to enable the public to maintain social distance and other preventive measures.
This amendment came into effect as from the 20th of May 2020.
This Legal Notice is intended to amend S.L. 315.04 entitled “Smoking in Public Places Regulations” by introducing a prohibition of smoking in places where food is served.
The prohibition states that “no one shall at any time smoke any tobacco product in places where food is served or within the parameters of places where food is served, such that smoking is only allowed if it is done ten (10) metres away from the place where food is being served”. This measure was introduced in conjunction with the relaxation of the measures applicable to restaurants as highlighted within this article.
This Legal Notice is intended to increase the number of persons in any open outdoor space accessible to members of the general public established by L.N. 112 of 2019 entitled “Number of Persons in Public Spaces Order, 2020”, as amended by L.N. 173 of 2020, to groups of not more than six (6) persons as of the 22nd of May 2020.
This Legal Notice is intended to amend L.N. 141 of 2020 entitled “General Provisions applying to the Suspension of Legal and Judicial Times Regulations, 2020”, as amended by L.N. 162 of 2020, which suspended the running of any time period under any substantive or procedural law, and any time period established in any agreement.
Through this amendment, registered promise of sale agreements (konvenji) no longer fall within the scope of the suspension of the running of any time period, and therefore, the legal term established in such promise of sale agreements shall resume twenty (20) days after the date of entry into force of this amendment – meaning that the running of legal time on promise of sale agreements which were still valid before the entry into force of L.N. 141 of 2020 shall continue running 20 days after the 22nd of May 2020.
This Legal Notice is intended to amend L.N. 75 of 2020 entitled “Suspension of Legal Times relating to Promise of Sale Agreements, Notarial and other related matters (Epidemics and Infectious Disease) Order, 2020”, which ordered the suspension of legal terms or periods imposed on notaries as well as any legal terms relating to fiscal benefits, incentives or exemptions.
This amendment effectively removes the suspension on the expiration of any term in any promise of sale agreement (konvenju) duly registered in terms of law with the Commissioner of Revenue within the period established by law, as from the 22nd of May 2020. The running of legal term shall however resume twenty (20) days after the date of entry into force of this amendment – meaning that the running of legal time on promise of sale agreements which were still valid before the entry into force of L.N. 75 of 2020 shall continue running 20 days after the 22nd of May 2020.
The Chancellor of the University of Malta enacted regulations intended to grant special powers to the University Senate in extraordinary circumstances.
In this respect, the normal University activities have to stop or be drastically restricted due to situations beyond the control of the University, the Senate may take any measure it deems appropriate for the teaching and assessment activities to be cancelled or postponed or done differently as provided for or required in any regulations. Such measures shall be only applicable to those students who have been materially and/or substantially affected by the extraordinary measures.
Extraordinary measures include any event or circumstance that could not be avoided even if reasonable steps were to be taken, such as the spread of a disease in the country or a pandemic or any extraordinary circumstance related to public order when national authorities recommend or order specific measures.