Code of Organization and Civil Procedure (Cap. 12), article 469A

469A. (1) Saving as is otherwise provided by law, the courts of justice of civil jurisdiction may enquire into the validity of any administrative act or declare su ch act null, invalid or without effect only in the following cases: (a) where the administrative act is in violation of the Constitution ; CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 135 (b) when the administrative act is ultra vires on any of the following grounds: ( i ) w he n su ch ac t e man at e s f ro m a pu bl i c a ut ho ri t y that is not authorised to perform it; or (ii) when a public authority has failed to observe the principles of natural justice or mandatory procedural requirements in performing the administrative act or in its prior deliberations thereon; or (iii) when the administrative act constitutes an abuse of the public authority’s power in that it is done for improper purposes or on the basis of irrelevant considerations; or (iv) when the administrative act is otherwise contrary to law. (2) In this article - "administrative act" includes the issuing by a public authority of any order, licence, permit, warra nt, decision, or a refusal to any demand of a claimant, but does no t include any measure intended for internal organization or administration within the said authority: Provided that, saving those cases where the law prescribes a period within which a public authority is required to make a decision, the absence of a deci sion of a public authority follo wing a claimant’s written demand served upon it, shall, after two mont hs from such service, constitute a refusal for the purposes of thi s definition; "public authority" means the Government of Malta, including its Ministries and departments, local authorities and any body corporate established by law and includes Boards which are empowered in terms of law to issue warrants for the exercise of any trade or profession. (3) An action to impugn an administrative act under sub-article (1)( b) shall be filed within a period of six months from the date when the interested person becomes aware or could have become aware of such an adm inistrative act, which ever is the earlier. (4) The provisions of this article shall not apply where the mode of contestation or of obtain ing redress, with respect to a ny particular administrative act bef ore a court or tribunal is pro vided for in any other law. (5) In any action brought under this article, it shall be lawful for the plaintiff to include in the demands a request for the p ayment of damages based on the allege d responsibility of the public authority in tort or quasi tort, arising out of the administrat ive act. The said damages shall not be awarded by the court where notwithstanding the annulment of the administrative act the pub lic authority has not acted in bad fa ith or unreasonably or where t he thing requested by the plaintiff could have lawfully and reason ably been refused under any other power. (6) For the purposes of this artic le, and of any other provision 136 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE of this and any other law, service with the government is a spe cial relationship regulated by the legal provisions specifically applicable to it and the terms and conditions from time to time established by the Government, and no law or provision thereof relating to conditions of employment or to contracts of service or of employment applies, or ever heret ofore applied, to service with the government except to the extent that such law provides otherwis e. Judicial review of a decision of the Attorney General. Added by: XLI.2020.6.