Administrative Justice Act (Cap. 490)

Administrative Justice Act (Cap. 490), article 24

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24. (1) On the entry into force of P arts III and IV of this Act, all pending proceedings befor e those persons, bodies or administrative tribunals which were competent prior to the comi ng into force of article 25 shall be assigned to the Administrativ e Review Tribunal for determination and shall be regulated by the provisions of the said Parts III and IV of this Act; and the Mi nister may establish different dates fo r the entry into force of Parts III and IV of this Act with regard to the different persons, bodies or administrative tribunals referred to in article 25. (2) Nothing in subarticle (1) shall invalidate any procedure whether written or oral which may have been made before the coming into force of this Act an d which was valid according to the law in force on the date when made. (3) The Administrative Review Tribunal shall draw up and deliver such decrees which might be necessary to regulate those undecided proceedings which hith erto were pending before the persons, bodies and administrative tribunals mentioned in subarticle (1) prior to the date of entry into force of this ar ticle and which have on the date of the entry into force of this article been assigned to the Administrative Review Tribunal so that the latt er ADMINISTRATIVE JUSTICE [CAP. 490. 15 may bring these proceedings in line with the provisions of Part III of this Act: Provided that, notwithstanding the provisions of this article, proceedings pending before the persons, bodies and administrative tribunals mentioned in subarticle (1) which have been put off for judgment or for final oral or written submissi ons on the date of the entry into for ce of this article, shall cont inue to be heard and decided by those pe rsons, bodies and administrativ e tribunals and not by the Administrative Review Tribunal. (4) Without prejudice to the generality of subarticle (1), one o r more of the Chairpersons ordinarily sitting in the Administrati ve Review Tribunal or in a section or sections thereof, shall take cognizance of all proceedings pen ding before the persons, bodie s or administrative tribunals mentione d in that subarticle which are reassigned to the Administrative Review Tribunal. The Secretary of the Administrative Review Tribunal shall ensure that all pendin g proceedings lodged from decision s of the public a dministration hitherto being heard by any person, body or administrative trib unal mentioned in subarticle (1) are referred to the section of the Administrative Review Tribunal which would be taking cognizance of the said proceedings.      Cap. 12. (5) Appeals lodged to the Court of Appeal from any decision of any person, body or administrative tribunal prior to the entry into force of article 25 shall conti nue to be heard by the said Cour t until they are so determined, and the provisions of the Code of Organization and Civil Procedure shall continue to apply thereto. Jurisdiction.25. (1) This provision shall have effect subject to the provisions of article 24. (2) The Administrative Review T ribunal shall henceforth have jurisdiction in lieu of the persons, bodies and administrative tribunals mentioned in the laws listed in the Third Schedule * prior to the entry into force of this article. *Omitted under the Statute Law Revision Act, 1980 . Amendments therein have been inserted in the relative legislation. 16 [CAP. 490. ADMINISTRATIVE JUSTICE ADMINISTRATIVE JUSTICE [CAP. 490. 17 18 [CAP. 490. ADMINISTRATIVE JUSTICE List of Administrative Tribunals Respecting the Principle of Go od Administrative Behaviour Part A - Primary Legislation Amended by:| VI. 2011.167; L.N. 326 of 2011; XVII.2024.15. FIRST SCHEDULE [Article 4] Chapter Number Name of Law Provision Number Name of Administrative Tribunal 3 Marriage Legacies Act 3 Commission 45 Lepers Ordinance 2(8) Board 69 Reletting of Urban Property (Regulation) Ordinance 16 Rent Regulation Board 81 Utilities & Services (Regulation of certain works) Act 4 Refers to the Communications Appeal Board established by the Malta Communications Authority Act 85 Agricultural Produce (Export) Ordinance 18 Board of Reference (set up under subsidiary legislation SL 85.01 regulation 27) 88 Land Acquisition Public Purposes Ordinance 23 Land Arbitration Board 94 Department of Health (Constitution) Ordinance 44 General Services Board 110 Developed Land Valuation Ordinance 9 Board of Special Commissioners for Land Valuation 117 Supplies and Services Act 3(1)( e) Boards or Tribunals set up under subsidiary legislati on to take cognisance of offences 125 Housing Act 8(6) and 12(1) Refers to Rent Regulation Board 164 Police Act 48 Police Board 171 Port Workers Ordinance 10 and 12 Ports Disputes Board 179 Enemy Property Act 4 Board of Custodians 199 Agricultural Leases (Reletting) Act 5 Rural Leases Control Board 204 Central Bank of Malta Act 36A Financial Services Tribunal 210 Disabled Persons Employment Act 13 Appeal to the ‘authority’ set up under subsidiary legislation 214 Public Transport (Regulation of Employment) Act 3 Public Transport Labour Board established by article 30 of the Malta Transport Authority Act 217 Immigration Act 25A Immigration Appeals Board 218 Civil Aviation (Air Operators Certificate) Act 9 Aviation Safety Board 254 Post Office Act 28 Communications Appeals Board 262 Mental Health Act 38 Mental Health Review Tribunal 288 Building (Price Control) Act 9 Building Price Control Tribunal 291 Commissioners for Justice Act 3 Commissioners for Justice 308 Partition of Inheritances Act 4 Partition of Inheritances Tribunal ADMINISTRATIVE JUSTICE [CAP. 490. 19 318 Social Security Act 107 and 128 Umpire 325 Business Promotion Act 28 Appeals Board 327 Education Act 42 Scholastic Tribunal 330 Malta Financial Services Authority Act 21 Financial Services Tribunal 331 Trusts and Trustees Act 55 Financial Services Tribunal 332 Malta Transport Authority Act 30 Public Transport Labour Board 334 Malta Freeports Act 29(2) Appeals Board constituted under article 28 of the Business Promotion Act 337 Import Duties Act 9 Customs Valuations Appeals Board 343 Employment and Training Services Act 3 National Employment Authority 345 Financial Markets Act 42 Financial Services Tribunal 356 Development Planning Act 15 Planning Appeals Board 364 Duty on Documents and Transfers Act 57 Board of Special Commissioners for Duty on Documents and Transfers 370 Investment Services Act 19 Financial Services Tribunal 371 Banking Act 10 Financial Services Tribunal 372 Income Tax Management Act 34 Board of Special Commissioners for Income Tax purposes 376 Financial Institutions Act 21 Financial Services Tribunal 378 Consumer Affairs Act 16 Consumer Claims Tribunal 380 Small Claims Tribunal Act 3 Small Claims Tribunal 383 Controlled Companies (Procedures for Liquidations) Act 7 Appeals Board 389 Private Guards and Community Officers Act 11 Commissioner 395 Customs and Excise Tax Act 47 Excise Tax Tribunal 399 Electronics Communications  (Regulation) Act 16 Communications Appeals Board 403 Insurance Business Act 35 Financial Services Tribunal 406 Value Added Tax Act 43 Value Added Tax Appeals Board 409 Malta Travel and Tourism Services Act 13 Tourism Appeals Board 420 International Protection Act 5 International Protection Appeals Tribunal 424 Occupational Health and Safety Authority Ac t 21 Occupational Health and Safety Appeals Board 435 Environment Protection Act 16 Appeal to the Planning Appeals Board established under Cap.356 436 Wine Act 4 Appeals Board 440 Data Protection Act 48 Data Protection Appeals Tribunal 441 Trading Licences Act 8 Licensing Appeals Board 442 Co-operative Societies Act 3 Co-operatives Board 447 Producer Organisations Act 18 Producer Organisations Appeals Board Chapter Number Name of Law Provision Number Name of Administrative Tribunal 20 [CAP. 490. ADMINISTRATIVE JUSTICE Part B - Subsidiary Legislation 450 Special Funds (Regulation) Act 54 Financial Services Tribunal 451 Mutual Recognition of Qualifications Act 7 Mutual Recognition of Qualifications Appeals Board 452 Employment and Industrial Relations Act 73 Industrial Tribunal 455 Sports Act 47 Sports Appeals Board 458 Medicines Act 21 Appeal to the Medicines Review Board from findings of the Medicines Authority 473 Eco-Contribution Act 26 Eco-Contribution Appeals Board 476 Prevention of Financial Markets Abuse Act 23 Financial Services Tribunal 484 Securitisation Act 19(14) Financial Services Tribunal 487 Insurance Intermediaries Act 2 Financial Services Tribunal . Repealed by Act XV of 2009. Subsidiary Legislation/ Legal Notice Number Name of Subsidiary Law Provision Number Name of Administrative Tribunal GN 430 of 28 September 1937 Cinema and Stage Regulations 42 Board of Film and Stage Censors SL 33.04 Civil Explosives Regulations Second Schedule, paragraph 5 of 1. Module B This regulation states that provision must be made for an appeal SL 85.01 Potato Export Regulations 27 Board of Reference SL 128.02 Licences Procedures Regulations 6 Police Licences Appeals Tribunal SL 174.02 Public Service  (Procurement) Regulation s 15 Public Contracts Appeals Board SL 174.04 Public Procurement Regulations 34 Public Contracts Review Board SL 254.12 Postal Services Appeals Board (Rules of Procedures) Regulations - Postal Services Appeals Board SL.260.03 Prison Regulations 79 Appeals Tribunal SL 291.04 Petitions (Local Tribunals) Regulations 3 Petitions Board SL 327.85 Assessment Test Regulations 6 University Disciplinary Board SL 458.23 Licensing of Private Medical Clinics Regulations 5(2) Tribunal SL 458.25 Licensing of Private Medical Diagnostic Laboratories Regulations 5(2) Tribunal appointed under regulation 5(2) of the Licensing of Private Medical Clinics Regulations (SL 458.23) Chapter Number Name of Law Provision Number Name of Administrative Tribunal ADMINISTRATIVE JUSTICE [CAP. 490. 21 [Article 22 (2)] SL 499.32 Placing of Billboards and Advertising on the Road Regulations 9A Authority for Transport in Malta SECOND SCHEDULE Amended by: L.N. 246 of 2009; L.N. 334 of 2009; L.N. 337 of 2010; L.N. 402 of 2012; L.N. 163 of 2013; L.N. 443 of 2013; L.N. 9 of 2019; VII.2022.71;  XVII.2022.33;  XXXIII.2023.20;  XVII.2024.16;  XIX.2024.57;  L.N. 191 of 2024;  XVI.2024.45;  L.N. 266 of 2024.  L.N. 282 of 2024;  L.N. 313 of 2024;  L.N. 314 of 2024;  L.N. 315 of 2024;  L.N. 316 of 2024;  L.N. 335 of 2024;  L.N. 336 of 2024;  L.N. 375 of 2024;  L.N. 81 of 2025.  L.N. 83 of 2025;  L.N. 94 of 2025;  L.N. 191 of 2025;  L.N. 208 of 2025;  L.N. 222 of 2025;  L.N. 226 of 2025;  L.N. 271 of 2025;  XXXVIII.2025.15.  L.N. 5 of 2026;  L.N. 104 of 2026;  L.N. 184 of 2026;  L.N. 254 of 2026. Competence of the Court of Appeal Title of Law Reference Number of the Law Competence of the Court of Appeal Spirits Ordinance Cap 41 Inferior Competence Lepers Ordinance Cap. 45 Inferior Competence Agricultural Produce (Export) Ordinance Cap. 85 Inferior Competence Supplies and Services Act Cap. 117 Inferior Competence Income Tax Act Cap. 123 Inferior Competence Enemy Property Act Cap. 179 Inferior Competence Accountancy Profession Act Cap. 281 Inferior Competence Inġiniera Act Cap. 321 Inferior Competence Education Act Cap. 327 Inferior Competence Import Duties Act Cap. 337 Inferior Competence Subsidiary Legislation/ Legal Notice Number Name of Subsidiary Law Provision Number Name of Administrative Tribunal 22 [CAP. 490. ADMINISTRATIVE JUSTICE Duty on Documents and Transfers Act Cap. 364 Inferior Competence: where the total amount of duty payable in dispute at the time when the appeal was lodged before the Tribunal is less than one million and one hundred and sixty-five thousand euro (€1,165,000); and  Superior Competence: where the total amount of duty payable in dispute at the time when the appeal was lodged before the Tribunal is of one million and one hundred and sixty-five thousand euro (€1,165,000) or more Income Tax Management Act Cap. 372 Superior Competence: where the total amount of tax, additional tax, fines and interest i n dispute at the time when the appeal was lodged before the Administrative Review Tribunal or the Board of Special Commissioners, as the case may be, is of one million and one hundred and sixty-five thousand euro (€1,165,000) or more; and  Inferior Competence: where the total amount of tax, additional tax, fines and interest i n dispute at the time when the appeal was lodged before the Administrative Review Tribunal or the Board of Special Commissioners, as the case may be, is less than one million and one hundred and sixty-five thousand euro (€1,165,000) Excise Duty Act Cap. 382 Superior Competence in Proceedings related to the Seizure of Goods Periti Act Cap. 390 Inferior Competence Malta Communications Authority Act Cap. 418 Inferior Competence Fisheries Conservation and Management Act Cap. 425 Inferior Competence Wine Act Cap. 436 Inferior Competence Animal Welfare Act Cap. 439 Inferior Competence Co-operatives Societies Act Cap. 442 Inferior Competence Lands Authority Act Cap. 563 Inferior Competence Government Lands Act Cap. 573 Inferior Competence Gaming Act Cap. 583 Inferior Competence Title of Law Reference Number of the Law Competence of the Court of Appeal ADMINISTRATIVE JUSTICE [CAP. 490. 23 Malta Digital Innovation  Authority Act Cap. 591 Inferior Competence Climate Action Act Cap. 643 Superior Competence Agriculture Act Cap. 639 Inferior Competence Customs Ordinance Cap. 37 Superior Competence in Proceedings related to the Seizure of Goods Registration and Warranting of Sign Language Interpreters Act Cap. 654 Inferior Competence Regulator for Energy and Water Services Act Cap. 545 Superior/Inferior Competence Cinema and Stage Regulations S.L. 10.17 Inferior Competence Civil Explosives Regulations S.L. 33.04 Inferior Competence Importation of Dogs and Cats Regulations S.L. 36.42 Inferior Competence Motor Vehicles (Carriage of Goods By Road) Regulations S.L. 65.19 Inferior Competence National Malta Library Regulations S.L. 92.03 Inferior Competence Malta Public Library Regulations S.L. 92.06 Inferior Competence Control of the Sale of Eggs Regulations S.L. 117.17 Inferior Competence Control of Kerosene Regulations S.L. 117.18 Inferior Competence Exemption from Motor Vehicles Registration Tax Rules S.L. 368.01 Inferior Competence Registration and Licensing of Motor Vehicles Regulations S.L. 368.02 Inferior Competence Airport (Groundhandling Services) Regulations S.L. 499.25 Inferior Competence Conservation of Wild Birds Regulations S.L. 549.42 Inferior Competence Cybersecurity Certification Regulations S.L. 591.02 Inferior Competence Data Governance Regulations S.L. 591.03 Inferior Competence Innovative Technology Arrangements and Services (ITAS) Cer tification Regulations S.L. 591.01 Inferior Competence Electricity Connection and Supply Regulations S.L. 545.41 Superior/Inferior Competence Data Centres (Sustainability Reporting Obligations) Regulations S.L. 545.42 Superior/Inferior Competence European Union Greenhouse Gas Emissions Trading System for Sta tionary Installations Regulations S.L. 643.02 Superior/Inferior Competence European Union Greenhouse Gas Emissions Trading System for Aviation S.L. 643.03 Superior/Inferior Competence European Union Greenhouse Gas Emissions Trading System for Buildings, Road Transport and Ad ditional Sectors Regulations S.L. 643.05 Superior/Inferior Competence European Union Greenhouse Gas Emissions Trading System for Maritime Transport Regulations S.L. 643.06 Superior/Inferior Competence Manufacture, Placing on the Market and Use of Medicated Feed Rules S.L. 437.114 Inferior Competence Private Veterinary Establishments (Licensing) Regulations S.L. 437.106 Superior/Inferior Competence Title of Law Reference Number of the Law Competence of the Court of Appeal 24 [CAP. 490. ADMINISTRATIVE JUSTICE Administrative Tribunals in respect of which appointments under the laws hereunder listed are to be made by the President of Malta Veterinary Medicinal Products Regulations S.L. 437.115 Superior/Inferior Competence Veterinary Pharmacy Regulations S.L. 437.116 Superior/Inferior Competence Trade in Equidae inte nded for Competitions and Conditions for Par ticipation Regulations S.L. 437.02 Superior/Inferior Competence Methods of Sampling and Analysis for the Control of Levels of Dioxins, Dioxin-like PCBs and Non-dioxin-like PCBs in Certain Foodstuffs Rules S.L. 437.122 Superior/Inferior Competence Marketing of Maltese A gricultural Produce and Maltese Agricultural Marketing Centres Regulations S.L. 639.12 Inferior Competence Protection of Animals O ffered in Pet Shops (Minimum Standards) Regulations S.L. 439.16 Inferior Competence Fair Access to and Use of Data Regulations S.L. 418.06 Inferior Competence Fair Access to and Use of Data Regulations S.L. 591.04 Inferior Competence Artificial Intelligence Regulations S.L. 591.05 Inferior Competence Resilience of Critical Entities and Infrastructures (Iden tification, Designation and Protection) Order S.L. 460.43 Inferior Competence Autonomous Small Buse s Trials Regulations S.L. 499.76 Inferior Competence Online Dispensing of M edicinal Products to Third Countries from Fr ee Zones and Customs Authorised Warehouses Regulations S.L. 458.64 Superior/Inferior Competence Companies Act (Register of Beneficial Owners) Regulations S.L. 386.19 Inferior Competence Carbon Border Adjustment Mechanism (Implementing) Regulations S.L. 643.07 Superior/Inferior Competence Added by: XVIII.2026.4. THIRD SCHEDULE (Article 23C) Tribunal Legislation Police Licences Appeals Tribunal Police Act , Cap. 164 and the Licences Procedures Regulations , S.L. 128.02 Partition of Inheritances Tribunal Partition of Inheritances Act , Cap 308 Financial Services Tribunal Malta Financial Services Authority Act , Cap. 330 Consumer Claims Tribunal Consumer Affairs Act , Cap. 378 Small Claims Tribunal Small Claims Tribunal Act , Cap. 380 Patents Tribunal Patents and Designs Act , Cap. 417 International Protection Appeals Tribunal International Protection Act , Cap. 420 Industrial Tribunal Employment and Industrial Relations Act , Cap. 452 Environment and Planning Review Tribunal Environment and Planning Review Tribunal Act, Cap. 551 Title of Law Reference Number of the Law Competence of the Court of Appeal ADMINISTRATIVE JUSTICE [CAP. 490. 25 Minimum Ethical Standards for Chairpersons and Members of Administrative Tribunals The persons serving as Chairpersons or members of administrativ e tribunals, in this Schedule also referred to as the "adjudicators", shall: 1. Observe the law and demonstrate professional competence in bo th their judicial work and in their administrative work; 2. Not neglect their judicial work on account of their other wor k and do their utmost to give precedence to the ir judicial dutie s over such ot her duties; 3. Conduct themselves in a dignified manner and with courtesy to wards the parties, witnesses and employees of the tribunal; 4. Perform their duties impartially and free from any prejudice, including prejudice based on race, sex, rel igion, national origin, disabi lity, age, sexual orientation, gender expression, or socio-economic status; 5. Avoid giving expert assignments that are not necessary and do not approve payments for such assignments when they exceed the proper value of the service rendered; 6. Abstain from carrying out their functions in circumstances wh ere: (a) they have personal prejudice against any party or have a per sonal dispute with that party’s advocate; (b) they have personal knowledge of facts in issue before them; (c) they were involved as advocates in the matter in issue befor e them; (d) they or any of their trustees have an economic interest in t he matter of the proceedings or have any economic i nterest in any entity that is a party to the proceedings; (e) they know that their spouse, p arents or children, or any mem ber of their family residing in the same hous ehold, has an economic interest in the matter of the proceedings; (f) a person related to them or to their spouse within the third (3) degree, or the spouse of such person, is a party to the proceedings or is an officer, director or trustee of a party t o the proceedings; or the adjud icator knows that such person is likely to be a material witness in the proc eedings; or the adjudicator knows that such person has an interest greater than a de minimis interest that may be substantiall y affected by the proceedings. Information and Data Protection Appeals Tribunal Data Protection Act , Cap. 586 Building and Construction Tribunal Building and Construction Authority Act , Cap. 623 Appeals Tribunal Prisons Regulations , S.L. 260.03 Commercial Sanctions Tribunal Public Procurement Regulations , S.L. 601.03 Added by: XVIII.2026.4. FOURTH SCHEDULE (Article 23G)

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