Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 519K

Official PDF on legislation.mt

519K. (1) If the Board receives info rmation that a person with disability or other condition is suffering serious damage to hi s physical, emotional or mental health or well-being as a consequence of ill-treatment, abuse or neglect, the Board may appoint a person or more than one person to visit the person with disability or mental disorder for the purpose of investigating the case and preparing a report to th e Board on the situation of th e said person with disability or mental disorder. Such a report is to be made to the Board within four days or any other time limit as m ay be stipulated in the order: Provided that the Board, if and when it deems it appropriate, may demand that such information be confirmed on oath. (2) Where any person appointed by the Board in terms of sub- article (1) to investigate the ca se informs the Board that he w as 154 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE unable to carry out this function due to obstruction by any per son, the Board may request the assistance of the police and such pol ice assistance shall be provided for the purpose of the execution o f the said function. (3) On receipt of the report, the Board may, after granting any person concerned a right to be heard, request any appropriate authority to take such measures as the said authority may deem necessary for the purpose of addressing any ill-treatment, abus e or neglect or the consequences thereof. (4) For the purpose of providing such assistance as may be required in terms of sub-article (2) the police shall have the power to enter any premises and to use such force as is reasonably necessary to enable the person or persons appointed by the Boar d to visit the person with disability or mental disorder in accordan ce with the provisions of sub-article (1). Cap. 16. (5) No matter or thing done by any member of the Board, the Registrar or any other person ac ting under the direction of the Board in good faith in the exercise or purported exercise of an y power or duty conferred or imposed upon the Board or upon any member of the Board, the Registrar or any said other person by or under this Title or under in Sub -title IA of Title VI of Book F irst of the Civil Code , shall make any member of the Board, the Registrar, or any said other person personally subject to any action, liab ility, claim or demand. Appeal from decisions of the Board. Added by: XXIV .2012.5.

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