MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  1
CHAPTER 409
MALTA TRAVEL AND TOURISM SERVICES ACT
To make provision for the promotion of tourism, for the regulation of tourism services and
operations, for the establishment of an authority with powers to that effect and for matters
connected therewith or ancillary thereto.
1st September, 1999;
11th October, 2000;
23rd February, 2001;
1st January, 2002;
31st May, 2002;
9th July, 2002;
14 March, 2003
ACT XII of 1999, as amended by Acts XXVI of 2000 and VI of 2001.
ARRANGEMENT OF ACT
Articles
PART I. Preliminary 1-2
PART II.  Administration 3-17
Title I - The Malta Tourism Authority 3-11
Title II - The Directorates 12
Title III - The Tourism Appeals Board 13-14
Title IV - Common Provisions 15-17
PART III. Accommodation and Catering Establishments 18-26
PART IV. Incoming Tourism Agencies, Travel Agencies and
Destination Management Companies 27-31
PART V. Organised Excursions 32-35
PART VI. Tourist Guides 36-39
PART VII. Enforcement of Control 40-42
PART VIII. Offences and Penalties 43-45
PART IX. Supplemental 46-53
SCHEDULES
FIRST SCHEDULE  Provisions with respect to the proceedings of the
Authority
SECOND SCHEDULE Executive Directorates
THIRD SCHEDULE Proceedings before the Tourism Appeals Board
and appeals therefrom
FOURTH SCHEDULE Regulations kept in force
  2  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
PART I 
PRELIMINARY 
Short title. 1. The short title of this Act is Malta Travel and Tourism
Services Act.
Interpretation. 2. In this Act, unless the context otherwise requires -
"accommodation" means a room or rooms furnished and
equipped to provide living accommodation to a person;
"advertisement" means the making of a representation in any
form in connection with a trade or business in order to promote the
supply of goods or services, including the making of any such
representation, any word, letter, model, sign, placard, board, notice,
brochure or device, whether illuminated or not, in the nature of and
employed wholly or in part for the purposes of advertisement,
announcement or direction, and any boarding or similar structure
used or adapted for use for the display of advertisements; and
"advertise" shall be construed accordingly;
"agency of Government" means a body corporate established by
law or a company in which the Government or such a body
corporate, or a combination thereof, has a controlling interest or
which is a subsidiary of such a company;
"appointed day", in relation to articles 50, 51 and 52 means the
day on which the said articles will come into force;
"the Authority" means the Malta Tourism Authority established
by article 3 and includes any person acting on its behalf under
powers delegated by the Authority under this Act;
"the Board" means the Tourism Appeals Board established under
article 13;
"catering establishment" means any building, premises or other
establishment, including kiosks, howsoever described, purveying
for reward food and, or, beverages including wines and spirits, for
consumption; 
"destination management company" means any person whose
principal line of business, whether as principal or agent, is the
creation, planning and operation of high level motivational and
specialised programmes for tourists and other persons, whether
singly or in groups, and which programmes include the provision of
all or any of the following services: accommodation in a hotel or
other suitable establishment; travel; conference facilities;
excursions; guides; interpreters; technical support; entertainment
and all other matters normally connected with motivational
programmes, congresses, meetings and conference and incentive
travel. The term ''destination management company'' does not
include a hotel keeper, guest house keeper, keeper of holiday
premises, a person who provides accommodation to tourists in a
house, a tourist guide, a person who provides transport services by
land, sea or air, an incoming tourism agent, a travel agent or an
organised excursion operator;
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  3
"the Directorates" means the Enforcement Directorate and such
other executive directorates as are established under article 12;
"enforcement notice" has the meaning assigned to it by article
41; 
"financial year" means the period of twelve months ending on 31
December of any year:
Provided that the first financial year of the Authority shall
commence on the coming into force of this Act and end on the 31
December of the following year;
"guest" means a person who is provided with accommodation at
a hotel, guest house, hostel, holiday premises, lodging house or
house used for the provision of accommodation to tourists or who
has such accommodation placed at his disposal in any such place;
"guest house" means any building, howsoever described, but not
being a hotel, in which accommodation, ancillary services and
amenities are provided for the public by a common management;
and "guest house keeper" shall be construed accordingly;
"holiday premises" means any building, howsoever described,
but not being a hotel, guest house, hostel or the ordinary residence
of the owner or tenant thereof, as the case may be, in which
accommodation, ancillary services, including self-catering
services, and amenities are provided for tourists; and includes any
number of such buildings which are grouped together; and "keeper
of holiday premises" shall be construed accordingly;
"hostel" means any building, howsoever described, but not being
a hotel or a guest house, in which accommodation, ancillary
services and amenities of a basic standard are provided for the
public by a common management; and "hostel keeper" shall be
construed accordingly;
"hotel" means any building, howsoever described, in which
accommodation, ancillary services and amenities are provided for
the public by a common management and includes any number of
such buildings which are grouped together; and "hotel keeper" shall
be construed accordingly;
"house" means any building, howsoever described, not being a
hotel, guest house, hostel, holiday premises or lodging house, used
or intended to be used, whether wholly or in part, for habitation;
"incoming tourism agent" means any person who, whether as
principal or agent, arranges for, advises on or undertakes to provide
to tourists and other persons, whether singly or in groups, travel
arrangements in respect of incoming travel, including
accommodation in a hotel, guest house, hostel, holiday premises or
house used for the provision of accommodation to tourists; travel;
organised excursions and all other matters normally or by custom
connected with the tourism industry, but does not include a hotel
keeper, guest house keeper, hostel keeper, keeper of holiday
premises, a person who provides accommodation to tourists in a
house, a tourist guide, a person who provides transport services, a
travel agency, a destination management company or an organised
  4  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
excursion operator and "incoming tourism agency" shall be
construed accordingly;
"licence" means a licence issued hereunder by the Authority;
"Minister" means the Minister responsible for tourism; 
"operator", in relation to a tourism operation other than a tourist
guide, means a person, other than an owner, who is entitled to
operate it in his own right under a title derived directly or indirectly
from an owner;
 "organised excursion" means any organised excursion or tour for
five or more tourists or other persons to one or more places in or
around Malta or transport but excludes any service intended solely
to provide transport; and "organised excursion operator" shall be
construed accordingly;
 "owner", in relation to a tourism operation other than a tourist
guide, means a person who in his own right or as agent for another
person is entitled to receive the rent in respect thereof where it is
granted on lease or, where it is not let, would be so entitled if it
were let:
Provided that where the tourism operation is subject to
usufruct the expression "owner" shall include the bare owner;
"public officer" has the meaning assigned to it by article 124 of
the Constitution; 
"tourism operation" means a hotel, guest house, hostel, holiday
premises, house used for the provision of accommodation to
tourists, catering establishment, travel agency, destination
management company, incoming tourist agency, organised
excursion operator, tourist guide, and other tourism services,
whether licensed or not:
Provided that for the purposes of article 48(2), the term
''tourism operations'' shall not include a house used for the
provision of accommodation to tourists when the house constitutes
the permanent residence of the person who provides such
accommodation; 
"tourist" means any person who travels to a place other than that
of his usual environment for less than twelve months and who stays
at lease one night in the place visited;
"tourist guide" means any person who provides the service of
guiding and accompanying persons in or around Malta or any part
thereof or in or around museums, monuments and other places of
interest in Malta;
"travel agent" means any person who, whether as principal or
agent, arranges for, advises on or undertakes to provide to tourists
and other persons, whether singly or in groups, travel arrangements
in respect of outgoing travel, including accommodation in a hotel,
guest house, hostel, holiday premises or house used for the
provision of accommodation to tourists; travel by air, land or sea;
organised excursions and all other matters normally or by custom
connected with the tourism industry; but does not include a hotel
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  5
keeper, guest house keeper, keeper of holiday premises, a person
who provides accommodation to tourists in a house, a tourist guide,
a supplier of transport services, an incoming tourism agency, a
destination management company or an organised excursion
operator and "travel agency" shall be construed accordingly;
"travel package" means the pre-arranged combination of no
fewer than two of the following when sold or offered for sale at an
inclusive price and when the service covers a period of more than
twenty-four hours or includes overnight accommodation:
( a ) transport;
( b ) accommodation;
( c ) other tourist services not ancillary to transport or
accommodation and accounting for a significant
proportion of the package, and shall include such pre-
arranged combinations even when various components
thereof are billed separately;
"traveller" means any person who contracts with a licensed
toursim operation for the provision of any travel or travel related
services of any and every kind by such licensed tourism operation.
PART II 
ADMINISTRATION 
Title I - The Malta Tourism Authority
Establishment of 
the Malta Tourism 
Authority.
3. (1) There is hereby established an authority, to be known
as the Malta Tourism Authority, which shall consist of eleven
voting members and of the chief executive who shall  ex officio  be a
non-voting member.
(2) The voting members of the Authority shall be:
( a ) six persons appointed by the Minister from among
persons with knowledge of and experience in matters
relating to travel and tourism; one of whom shall have
knowledge and experience relating to Gozo; and
( b ) one person appointed by the Minister on the
recommendation of the association recognised by the
Minister as being representative of the hotel sector;
and
( c ) one person appointed by the Minister on the
recommendation of the association recognised by the
Minister as being representative of the tourism and
travel agents sector; and
( d ) one person appointed by the Minister on the
recommendation of the national airline; and 
( e ) two persons appointed by the Minister on the
recommendation of such other associations recognised
by the Minister as representing other sectors providing
travel and tourism services.
(3) The chairperson of the Authority shall be so appointed by
  6  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
the Minister from among the persons appointed by him in terms of
subarticle (2)( a ). The Chief Executive shall be appointed by the
Authority which, for the purposes only of such appointment, shall
be deemed to consist only of the voting members.
(4) A person shall not be qualified to be appointed as, or to
remain, a member of the Authority if he is a member of the House
of Representatives. 
(5) The members of the Authority shall hold office for a period
not exceeding three years. Any member may, before the expiration
of his term of office, resign by letter addressed to the Minister:
  Provided that:
( a )  the members of the Authority may be removed from
office by the Minister prior to the expiry of their term
of office where, in the opinion of the Minister, they
have been guilty of misconduct or where they are, in
the opinion of the Minister, unable to perform the
duties of their office;
( b ) a person who has been appointed by the Minister on
the recommendation of any other person shall cease to
hold office where the person making the
recommendation declares to the Minister that he is
withdrawing his recommendation with respect to that
person.
(6) A person who has ceased to be a member of the Authority
shall, if he is otherwise qualified, be eligible for re-appointment.
(7) Subject to the foregoing provisions of this article, the First
Schedule to this Act shall apply to and regulate the proceedings of
the Authority.
Powers and legal 
personality of the 
Authority.
4. (1) The Authority shall be a body corporate having a
distinct legal personality and capable, subject only to the
provisions of this Act, of suing and being sued, of entering into any
contract, of acquiring, holding and disposing of property of any
kind both movable and immovable, and by or under any title, and of
doing any other thing or entering into any transaction whatsoever.
(2) The representation of the Authority shall vest in the
Chairperson: 
Provided that the Authority may appoint any one or more of
its members, or any one or more of its officers, to appear in its
name and on its behalf in any judicial proceedings or in any act,
contract, instrument or other document whatsoever:
  Provided further that where any of the powers of the
Authority are delegated in terms of subarticle (3), the
representation of the Authority shall also vest in the executive or
executives so delegated to the extent necessary for the proper
exercise of their powers.
(3) The Authority may delegate any of its executive powers to
any one or more of its executives under such conditions as it may
deem appropriate:
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  7
Provided that the Authority’s powers in connection with
standards and control may only be delegated to the Enforcement
Directorate.
Functions of the 
Authority.
5.  (1) The functions of the Authority shall be:
( a ) to promote and advance Malta as a tourist destination; 
( b ) to advise Government on tourism operations and to
issue licences under this Act; 
( c ) to monitor, classify and control the licensing of and
standards provided in or by tourism operations; 
( d ) to contribute towards the improvement of the level of
human resources in the tourism industry;
( e ) to advise Government on the planning and
development of the tourism industry as well as on the
infrastructure supporting the tourism industry; and 
( f ) generally to assist and advise Government on any
matter relating to or affecting tourism, and to
undertake and organise such activities and projects as
it may consider appropriate in connection with the
performance of its functions.
(2) In the performance of its functions the Authority shall
adopt and follow the policies and plans of the Government and
otherwise act in conformity with the provisions of this Act and any
other applicable law; and the Authority may make such
investments, as the Minister may approve, and as are calculated to
assist in the promotion and advancement of Malta as a tourist
destination.
(3) The Minister may, from time to time, as he may deem
appropriate, give in writing and publish such directives as regards
the policies and plans of the Government to be adopted and
followed by the Authority, and the Authority shall, as soon as
practicable, adopt and follow all such directives.
Appointment of 
officers.
6. (1) The Authority shall appoint such officers and
employees as it may from time to time deem necessary to carry out
its functions under this Act.
(2) The Authority shall also appoint one of its officers to act as
secretary of the Authority.
(3) Without prejudice to subarticle (1), the Authority may, with
the approval of the Minister, offer to any public officer performing
duties in the department of tourism permanent employment with
the Authority with the benefits contemplated in subarticle (4).
Cap. 93.
Cap. 58.
(4) Every public officer who accepts permanent employment
with the Authority offered to him pursuant to subarticle (3) shall,
for all purposes other than those of the Pensions Ordinance and of
the Widows’ and Orphans’ Pensions Act, cease to be in the service
of the Government and shall enter into service with the Authority
with effect from the date of his acceptance of the offer, or such
later date agreed between him and the Authority; and for the
  8  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
purposes of the said Ordinance and of the said Act service with the
Authority shall be deemed to be service with the Government
within the meaning thereof:
Cap. 93. Provided that for the purposes of the said Pensions
Ordinance the pensionable emoluments of such officer on
retirement shall be deemed to be the pensionable emoluments
payable to an officer in government service in a grade and at an
incremental level corresponding to the post and incremental level at
which the officer retires from the Authority.
(5) ( a ) For the purposes of the proviso to subarticle (4), posts
and salary grades with the Authority shall be classified
in the most nearly corresponding grades and
incremental levels in the service under the Government
of Malta by reference to job description, skills,
responsibilities and other analogous factors.
( b ) The classification referred to in paragraph ( a ) shall be
carried out by a board composed of a chairman
appointed by the Ministry responsible for Finance and
two other members, one appointed by the Ministry
responsible centrally for personnel policies in the
public service and one appointed by the Authority. The
classification shall be subject to the final approval of
the Minister responsible for finance.
( c ) Such classification shall take place within three
months of any adjustment of salaries of employees in
government service and, or, of employees of the
Authority.
( d ) No post shall be classified in a grade higher than that
of grade 3 in the service of the government or such
other grade that the Minister responsible for Finance
may from time to time in the Gazette determine.
Cap. 93.
( e ) No person may, following a classification as aforesaid,
be entitled to rights under the said Pensions Ordinance
less favourable than those to which he would have
been entitled prior to such classification.
(6) The Authority shall in January of each year pay to the
Government the difference between the cost of pensions and
gratuities payable at the time of retirement from the Authority and
the cost of the pension or gratuity, as the case may be, computed at
the time of termination of the service of the officer with the
Government to take up employment with the Authority.
Financial 
provisions.
7. (1) The Authority shall be endowed with an initial capital
of two hundred and fifty thousand liri which shall be paid by the
Government out of the Consolidated Fund, without further
appropriation other than this Act, by warrant under the hand of the
Minister responsible for finance authorising the Accountant
General to make the payment.
(2) Thereafter the Authority shall be paid out of the
Consolidated Fund such sums as the House of Representatives may
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  9
approve.
(3) Without prejudice to the provisions of article 47 the
Minister may, on the recommendation of the Authority, make
regulations prescribing the contributions payable to the Authority
by tourism operations and by such other persons as may be declared
by the Minister to be direct beneficiaries of the tourism industry.
(4) The Authority shall cause to be prepared in each financial
year, and shall not later than four weeks prior to the end of such
year adopt, estimates of the income and expenditure of the
Authority for the next following financial year:
Provided that, in respect of the first financial year, the
Authority shall prepare and adopt estimates not later than twelve
weeks after the coming into force of this Act.
(5) The estimates shall be made in such form and shall contain
such information and such comparisons with previous estimates as
the Minister may direct.
(6) A copy of the estimates of the Authority shall, upon their
adoption by the Authority, be sent forthwith to the Minister.
(7) The Minister shall, at the earliest opportunity and not later
than eight weeks after he has received a copy of the estimates of the
Authority, or, if at any time the House of Representatives is not in
session, within eight weeks from the beginning of the next
following session, cause such estimates to be laid before the House
together with a motion that the House approve the said estimates.
One sitting day shall be allotted for the debate in the House on such
motion; and both the motion and the approval of the estimates by
the House may be with or without amendment to the estimates.
(8) No expenditure shall be incurred by the Authority that has
not been approved by the House of Representatives:
Provided that:
( a ) until the expiration of six months from the beginning
of a financial year or until the approval of the
estimates for that year, the Authority may make or
incur expenditure for carrying out its functions under
this Act not exceeding in the aggregate one half of the
amount approved for the preceding financial year;
( b ) expenditure approved in respect of a head or sub-head
of the estimates may, with the approval of the
Minister, be incurred in respect of another head or sub-
head of the estimates;
( c ) if in respect of any financial year it is found that the
amount approved by the House is not sufficient, or if a
need has arisen for expenditure for a purpose not
provided for in the estimates, the Authority may adopt
supplementary estimates for approval by the House
and, pending such approval, but subject to its being
given, the Authority may in special circumstances and
with the approval of the Minister, incur the relative
expenditure; and the provisions of this Act applicable
  10  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
to the estimates shall, as near as practicable, apply to
the supplementary estimates:
Provided further that in respect of the first financial year of
the Authority, this subarticle shall apply as if the total expenditure
that may be made or incurred by the Authority until the approval of
the estimates for that year by the House may not exceed one half of
the amount shown in such estimates.
(9) All estimates and supplementary estimates approved by the
House shall, as soon as practicable, be published in the Gazette.
Accounts and 
audit.
8. (1) The Authority shall cause to be kept proper books of
account and other records in respect of its operation and shall cause
to be prepared a statement of accounts in respect of each financial
year.
(2) The accounts of the Authority shall be audited by an auditor
or auditors to be appointed by it:
Provided that the Minister responsible for finance may
require the books and other records of the Authority to be audited
or examined by the Auditor General who shall for this propose have
power to carry out such physical checking and other verifications,
and may require such information, as he may deem necessary.
(3) After the end of each financial year, at the same time as a
copy of the estimates of the Authority is forwarded to the Minister
in accordance with article 9, the Authority shall cause a copy of the
statement of accounts duly audited to be transmitted to the Minister
together with a copy of any report made by the auditor or auditors
on that statement or on the accounts of the Authority.
(4) The Minister shall cause a copy of every such statement and
report to be laid before the House of Representatives together with
the motion laid before the House under the said article 9.
Annual report. 9. (1) The Authority shall, not later than twelve weeks after
the end of each financial year, make and transmit to the Minister a
report of its activities during that year, containing such information
relating to the functions and to the proceedings of the Authority as
the Minister may from time to time require together with the
audited accounts as provided in article 8.
(2) The Minister shall cause a copy of every such report to be
laid on the Table of the House of Representatives within two
weeks, or, if at any time the House of Representatives is not in
session, within two weeks from the beginning of the next following
session.
Contracts of supply 
or works.
10. Except with the approval of the Minister, the Authority
shall not enter into any contract for the supply of goods or materials
or for the execution of work or for the rendering of services, to or
for the benefit of the Authority, which is estimated by the Authority
to involve an expenditure exceeding one hundred thousand liri, or
such other amount as the Minister may from time to time prescribe,
except after notice of the intention of the Authority to enter into
such contract has been published and competitive tenders have
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  11
been issued.
Exemption from 
tax.
11. The Authority shall be exempt from any liability for the
payment of any tax on income or duty on documents.
Title II - The Directorates
Authority may 
delegate executive 
functions to 
directorates. 
12. (1) There shall be an executive directorate, to be known as
the Enforcement Directorate, which shall be composed of -
( a ) one person, appointed by the Authority, who shall act
as chairperson; and 
( b ) two persons, appointed by the Minister, on the
recommendation of the Authority, one of whom shall
be a person holding a warrant to practise as an
advocate or a warrant to practise as a legal procurator
who has been practising for not less than five years. 
(2) There shall also be the executive directorates as listed in the
Second Schedule to this Act, which shall be composed as described
therein. The Minister may, after consulting the Authority, by order
in the Gazette, abolish any one or more of the said directorates,
vary their composition and establish such other executive
directorates as he may from time to time deem appropriate. Each
directorate so established shall be composed of a chairperson and
such other members as the Minister may determine, all of whom
shall be appointed by him:
Provided that the Minister shall appoint such members from
among persons with knowledge and experience in the field of
operation of the directorate concerned, one of whom shall have
knowledge and experience relating to Gozo:
Provided further that a majority of such members shall be
appointed from among operators in the tourism sector.
(3) The Authority may delegate to such directorates and require
them to perform such of its functions with respect, among other
matters, to marketing and promotion, human resource development,
product planning and development, tourism support services,
standards, and to other matters as it may from time to time deem
appropriate; and any such delegation of its functions may be made
subject to such conditions as the Authority may deem appropriate
and may, at any time, be withdrawn, wholly or in part, by the
Authority.
(4) The decisions of the directorates, including any licences
issued and classifications made by them, shall be deemed to be, and
shall have the same force and effect as, decisions of the Authority,
except in respect of matters which the Authority expressly reserves
to itself or requires to be referred to it for determination.
(5) ( a ) The chief executive may attend all meetings of the
directorates other than the Enforcement Directorate. 
( b ) The executive director of a directorate may attend all
meetings of that directorate.
(6) The members of the Enforcement Directorate and of the
executive directorates, established by or under subarticle (2), shall
  12  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
hold office for a period not exceeding three years and shall, if
otherwise qualified, be eligible for re-appointment.
(7) Subject to the foregoing provisions of this article and to any
rules that may be made by the Authority, the directorates may
regulate their own procedures.
(8) Any order made under the provisions of this article may be
amended, substituted or revoked by a subsequent order made in the
same manner.
Title III  - The Tourism Appeals Board
Appointment of the 
Tourism Appeals 
Board. 
13. (1) There shall be a board, to be known as the Tourism
Appeals Board, consisting of an advocate who has been practising
for not less than seven years, who shall preside, and another two
persons versed in travel and tourism, each of whom shall be
appointed by the Prime Minister.
(2) The Prime Minister may also appoint panels of members
and in such case the composition of the Board for any one or more
appeals to be heard by it shall be the responsibility of the secretary
who shall, as far as is practicable, determine the composition on the
basis of rotation.
(3) A person shall not be qualified to be appointed as, or to
remain, a member of the Board if he:
( a )is a member of the House of Representatives; or
( b )is a public officer.
(4) A member of the Board shall be disqualified from hearing
an appeal in such circumstances as would disqualify a judge in a
civil suit; and in any such case the member shall be substituted by
another person appointed for the purpose by the Prime Minister.
(5) The members of the Board shall hold office for a period of
three years, and shall be eligible for re-appointment.
(6) A member of the Board may be removed from office by the
Prime Minister on the grounds of gross negligence, conflict of
interest, incompetence, or acts or omissions unbecoming a member
of the Board.
Functions and 
procedure of 
Tourism Appeals 
B oard.
Amended by:
VI. 2001.32.
14. (1) The Board shall have jurisdiction -
( a ) to hear and determine all appeals made by any person
aggrieved by any decision of the Authority not to grant
or renew, or to revoke, or to suspend a licence; or to
impose conditions, limitations or exclusions therein or
therefor; and
( b ) to hear and determine all appeals made by any person
aggrieved by any decision of the Authority on any
matter concerning the classification or reclassification
of tourism operations and the enforcement of control:
Provided that the jurisdiction of the Board shall be limited
to ensuring that the policy of the Government and the provisions of
this Act or any other applicable law have been properly
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  13
implemented or applied and that the discretion vested in the
Authority has not been used in an unreasonable manner.
(2) The decisions of the Board shall be final except with
respect to points of law decided by the Board from which an appeal
shall lie to the Court of Appeal (Inferior Jurisdiction).
(3) The decisions of the Board shall be binding if they are
supported by the opinion of two of its members, and the dissenting
member, if any, may express his opinion separately; and all
decisions of the Board shall be delivered in public and shall be
published as soon as practicable after the sitting at which they are
given.
(4) Advance notice of not less than fourteen days shall be given
of the meetings of the Board in such manner as the Board may
deem appropriate or as may be prescribed under article 47. The
Board shall hold a first hearing of the appeal within one month of
the day of filing of the appeal.
(5) The Board may appoint experts and may require any
department of Government or agency of the Government to provide
the Board with such information or advice as the Board may deem
necessary for the proper execution of its functions.
(6) The Board shall have an independent administrative
secretariat consisting of a secretary to the Board and such other
officers or employees as may be necessary for a prompt and
efficient determination of the matters within its jurisdiction. The
secretariat shall be chosen and appointed by the Board.
(7) Without prejudice to the provisions of subarticle (6), the
administrative and technical support required by the Board for the
performance of its functions shall be provided by the Authority.
(8) Subject to the above, appeals to the Board and the conduct
of the business of the Board shall be made in accordance with the
rules contained in the Third Schedule to this Act; and in the
absence of such rules on any matter, the Board may regulate its
own procedure.
Cap. 12.
(9) Appeals to the Court of Appeal (Inferior Jurisdiction) from
decisions of the Board as provided in subarticle (2) shall be made
within fifteen days from the day the decision is delivered and such
appeals shall be regulated by Rules of Court made under article 29
of the Code of Organization and Civil Procedure.
(10) The Minister responsible for justice may by regulations
under this subarticle establish the fees payable in the registry of the
court in relation to the filing of judicial acts in connection with
appeals to the Court of Appeal (Inferior Jurisdiction) under this
article:
Cap. 12.
Provided that until such fees are so established by the
Minister, the fees contained in Schedule A to the Code of
Organization and Civil Procedure shall apply.
Title IV - General Provisions
  14  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
Members of the 
Authority, etc., to 
be deemed public 
officers for certain 
purposes. 
Cap. 9.
15. For the purposes of the Criminal Code and of any provision
of a penal nature in any other law, the members of the Authority
and of any committee, board, commission or other body established
by this Act, and every officer or employee thereof, shall be deemed
to be and be treated as public officers.
Publication of 
names of members 
of the Authority, 
etc.
16. The names of all the members of the Authority, and of any
committee, board, commission or other body established by this
Act, including the panels from which the Board is constituted, and
any other change in such membership, shall be published in the
Gazette.
Disclosure of 
interest in contract.
17. (1) Any member of the Authority and of any committee,
commission or other body established by this Act (other than the
Board)who is in any way, directly or indirectly, interested in any
particular matter considered or to be considered by the Authority or
by such other body shall declare the nature of his interest either at
the meeting at which the matter is first considered or, if he was not
at the date of that meeting interested in the matter, at the next
meeting after he shall have become so interested.
(2) A member under a duty to declare interest in terms of
subarticle (1) shall not vote at any meeting in respect of the
particular matter in which he is interested, and if he shall do so his
vote shall not be counted, nor shall he be counted in the quorum
present at the meeting.
PART III
 ACCOMMODATION AND CATERING ESTABLISHMENTS  
Licence to keep 
hotel, guest house, 
hostel, holiday 
premises, catering 
establishment or 
house used for the 
provision of 
accommodation to 
tourists.
18. (1) No person shall run or operate a hotel, guest house,
hostel, holiday premises or catering establishment unless he shall
have previously obtained and is in possession of a licence.
(2) No person shall provide accommodation in a house to
tourists unless he shall have previously obtained and is in
possession of a licence:
Provided that this subarticle shall not apply to the provision
of such accommodation to  bona fide  relatives or friends when such
accommodation is provided without any payment.
(3) It shall not be lawful for any person to give on lease to a
tourist or to allow a tourist to occupy under any title, a house in
Malta, or to transfer to any tourist any right of lease, or other title
to occupation, of any such house, and for any tourist to take on
lease or under any title to occupy a house in Malta, or to acquire
any right of lease or other title to occupation of any such house,
unless there is in respect of any such house a valid licence issued
by the Authority authorising such lease, transfer or occupation. 
(4) Unless provided in the licence or unless earlier revoked
under any of the provisions of this Act, every licence shall remain
valid until the thirty-first day of December next following the date
of issue and may, thereafter, be renewed from year to year or for
such further period or periods as may be specified.
(5) Notwithstanding the provisions of subarticle (4),a licence
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  15
may in special circumstances be granted on a temporary basis for a
period not exceeding ninety days which period may, on good cause
being shown, be extended for a further period or periods not
exceeding ninety days in the aggregate.
(6) Any licence which has been revoked or which has not been
renewed shall be returned to the Authority.
(7) A licence may be granted or renewed as subject to such
conditions, limitations and exclusions as the Authority may
consider appropriate.
(8) In the event that a hotel keeper contracts or otherwise
undertakes to provide accommodation and other services, if any, in
his hotel and dishonours the contract or undertaking, then, without
prejudice to any other right or remedy available to the person with
whom the hotel keeper contracted or to whom the undertaking was
made and without prejudice to any defence available to the hotel
keeper, the hotel keeper shall cause the tourist or tourists to whom,
or in respect of whom, the accommodation and other services, if
any, had to be provided, with accommodation and similar services,
if any, in another hotel of the same or of a higher category and
situated as near as possible to his hotel, and the hotel keeper shall
be responsible for and shall pay any difference between the price
for the accommodation and other services, if any, which were to be
provided in the hotel keeper’s hotel and the price charged in such
other hotel:
Provided that where a tourist is accommodated in a hotel of
a lower category than that in which the accommodation had to be
provided either because he so chooses or because the hotel keeper
cannot find him an alternative hotel as provided in this subarticle,
the hotel keeper shall, saving any other remedies which may be
available to the tourist or to the person who contracted with the
hotel keeper, immediately pay to the person with whom he
contracted, any difference between the price for the
accommodation and other services, if any, which were to be
provided in the hotel keeper’s hotel and the price charged in the
hotel of the lower category.
Conditions under 
which licence is 
granted.
19. (1) A licence shall not be granted or renewed for the
purposes of article 18 unless -
( a ) the person applying therefor is of good character and is
fit and proper to be granted a licence in relation to a
hotel, guest house, hostel, holiday premises or catering
establishment or to provide accommodation to tourists
in a house, as the case may be; provided that if the
applicant is a body corporate or a person other than the
person who will operate or in fact operates the hotel,
guest house, hostel, holiday premises or catering
establishment or who will provide accommodation in a
house, the attributes in this paragraph shall at all times
have to be satisfied by the person who will be
responsible for such operation or provision of
accommodation or who in fact effects such operation
or provides such accommodation, and in addition the
  16  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
person who will in fact operate as aforesaid will be
qualified and, or, experienced to so operate to the
satisfaction of the Authority;
( b ) the premises in respect of which the application is
made are suitable and adequate for use as a hotel,
guest house, hostel, holiday premises, catering
establishment or house for the provision of
accommodation to tourists, as the case may be;
( c ) the use of the premises as a hotel, guest house, hostel,
holiday premises, catering establishment or house for
the provision of accommodation to tourists is desirable
in accordance with government policy at the time of
the consideration of the application for the grant of the
licence.
(2) A hotel, guest house, hostel, holiday premises, catering
establishment or house used for the accommodation of tourists
shall not use a name which in the opinion of the Authority is
undesirable, unsuitable or misleading.
Transfer of licence. 20. A licence to keep or operate a hotel, guest house, hostel,
holiday premises, catering establishment or house used for the
accommodation to tourists may, with the consent in writing of the
Authority previously obtained, be transferred to any person who in
the opinion of the Authority has the attributes mentioned in article
19(1)( a ).
Classification. 21. (1) A licensed hotel, guest house, hostel, holiday premises
or catering establishment shall be given such classification or
reclassification as, in accordance with such regulations as may be
in force form time to time, reflects the standard and level of service
provided by such hotel, guest house, hostel, holiday premises or
catering establishment:
Provided that the Authority shall not be obliged to
reclassify a hotel, guest house, hostel, holiday premises or catering
establishment before the lapse of one year from its last
classification.
(2) Where it appears to the Authority, after such inquiry as it
may deem fit, that a hotel, guest house, hostel, holiday premises or
catering establishment is not being kept or managed up to the
standard required by a hotel, guest house, hostel, holiday premises
or catering establishment of the category in which it is then
classified in accordance with the regulations in force at that time,
the Authority may reclassify the hotel, guest house, hostel, holiday
premises or catering establishment into a lower category. Any such
re-classification shall be notified to the holder of the relative
licence and shall have effect as from the date on which it is so
notified.
(3) Where, in accordance with the provisions of article 14, an
appeal is entered against a classification made by the Authority
under subarticle (1), such classification shall not become effective
until the appeal is finally determined.
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  17
(4) Any certificate of classification which has been revoked or
substituted shall be returned to the Authority.
Advertisement and 
representation.
22. No person shall advertise or represent a hotel, guest house,
hostel, holiday premises or catering establishment as belonging to a
category higher than that to which it actually belongs according to
its classification, or as offering particular amenities or services
which it does not in fact provide at the time of such advertisement
or representation.
Joint licence and 
classification.
23. Where a hotel, guest house or holiday premises comprises
one or more catering establishments all of which are under the
same management, they may be given one licence and one
classification:
Provided that the Authority may give the catering
establishment or establishments comprised in such hotel, guest
house or holiday premises a different classification or different
classifications if the level of service provided so warrant or require.
Register of guests.
keeper of holiday premises shall keep a register in the prescribed
form wherein he shall cause every guest to write his name together
with such other particulars as may be prescribed.
Register to be kept 
open for inspection 
by police, etc.
25. Every hotel, guest house, hostel or holiday premises shall
present such register for inspection whenever so requested by any
police officer not below the rank of inspector or by any member of
the Authority or any person authorised in writing for the purpose by
the chairperson of the Authority.
Applicability.
apply in any way to any monastery, convent, boarding school (not
being a school providing tuition in a foreign language or languages
to tourists), college or charitable institution.
PART IV
INCOMING TOURISM AGENCIES, TRAVEL AGENCIES AND 
DESTINATION MANAGEMENT COMPANIES
Licence to operate 
as incoming 
tourism agency, 
travel agency or 
destination 
management 
company.
27. (1) No person shall carry on, or hold himself out as
carrying on, the business of an incoming tourism agent, a travel
agent or of a destination management company unless he shall have
previously obtained and is in possession of a licence.
(2) Unless earlier revoked under any of the provisions of this
Act, every such licence shall remain valid until the thirty-first day
of December next following the date of issue and may, thereafter,
be renewed from year to year or for such further period or periods
as may be specified.
(3) A licence which has been revoked or which has not been
renewed shall be returned to the Authority.
(4) A licence may be granted or renewed as subject to such
conditions, limitations and exclusions as the Authority may
consider appropriate.
  18  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
Conditions under 
which licence is 
granted.
28. A licence shall not be granted or renewed for the purposes
of article 27 unless -
( a ) the person applying therefor is of good character and is
fit and proper to be granted a licence in relation to the
business of an incoming tourism agent or a travel
agent or of a destination management company, as the
case may be: provided that if the applicant is a body
corporate or a person other than the person who will in
fact manage the agency or company, the person who
will be responsible for such management or who in
fact effects such management shall also, apart from the
attributes mentioned in this paragraph, be qualified
and, or, experienced to the satisfaction of the
Authority;
( b ) the person applying therefor has suitable premises and
means at his disposal for the proper and efficient
running of the business of an incoming tourism
agency, a travel agency or of a destination
management company as the case may be; and
( c ) the person applying therefor shows to the satisfaction
of the Authority that he shall at all times have
adequate insurance in accordance with the
requirements of article 31.
Name of tourism 
agent, travel agent 
or destination 
management 
company.
29. An incoming tourism agent, a travel agent or a destination
management company shall not provide any service under a name
which in the opinion of the Authority is undesirable, unsuitable or
misleading.
Transfer of licence. 30. (1) A licence to carry on the business of an incoming
tourism agency, or a travel agency or of a destination management
company may, with the consent in writing of the Authority
previously obtained, be transferred to any person who in the
opinion of the Authority satisfies the provisions of article 28.
(2) An incoming tourism agent and a travel agent and a
destination management company shall exhibit his or its licence in
a prominent place in his or its place of business. If an incoming
tourism agent or a travel agent or a destination management
company operates from more than one place of business his or its
licence shall be exhibited in his or its principal place of business
and a copy or copies of his or its licence, issued and certified as
such by the Minister on payment of the prescribed fee, shall
likewise be exhibited in all his or its places of business other than
his or its principal place of business.
Insurance and 
insolvency fund.
31. (1) Every tourism operation requiring a licence under this
Act, except a licence to act as a tourist guide, shall satisfy the
Authority that it has at all times in its favour a policy of third party
liability insurance and, in addition, if required by the Authority, an
additional policy of professional indemnity insurance, which policy
or policies shall indemnify it, and any person employed by it, or
otherwise acting for it, to such amount, in such manner and in
respect of such matters as the Authority may determine.
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  19
(2) *  Every tourism operation requiring a licence under this Act
shall, with effect from a date to be specified by the Authority,
contribute to an insolvency fund which the Authority may establish
in such manner and for such amounts and under such conditions,
and shall be managed by such persons, as may from time to time be
determined by the Authority; the fund will provide compensation to
any traveller, licensed tourism operation or tourist for undisputed
debts or for unavoidable but necessary expenses arising from the
insolvency of a licensed tourism operation.
(3)* The Authority shall ensure that contributions required to be
paid by licensed tourism operations and the conditions, exclusions
and limitations of the insolvency fund referred to in subarticle (2)
shall be published annually and be reasonably linked to the size and
degree of risk being accepted by the fund from each licensed
tourism operation; any compensation offered by the fund shall be
published within six months of the insolvency of the licensed
tourism operation. 
PART V
ORGANISED EXCURSIONS
Licence to carry on 
business of 
organised 
excursion operator.
32. (1) No person shall carry on, or hold himself out as
carrying on, the business of an organised excursion operator unless
he shall have previously obtained and is in possession of a licence.
(2) Unless earlier revoked under any of the provisions of this
Act, every such licence shall remain valid until the thirty-first day
of December next following the date of issue and may, thereafter,
be renewed from year to year or for such further period or periods
as may be specified.
(3) A licence which has been revoked or which has not been
renewed shall be returned to the Authority.
(4) A licence may be granted or renewed as subject to such
conditions, limitations and exclusions as the Authority may
consider appropriate.
Conditions under 
which licence is 
granted.
33. A licence shall not be granted or renewed for the purposes
of article 32 unless -
( a ) the person applying therefor is of good character and is
fit and proper to be granted a licence in relation to the
business of an organised excursion operator; provided
that if the applicant is a body corporate or a person
other than the person who will in fact organise the
organised excursions, the person who will be
responsible for such organisation or who in fact effects
such organisation shall also, apart from the attributes
mentioned in this paragraph, be qualified and, or,
experienced to the satisfaction of the Authority;
( b ) the person applying therefor has suitable means at his
disposal for the proper and efficient organisation of
*this subarticle is not yet in force.
  20  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
organised excursions.
Provision of 
services by 
excursion operator.
34. An organised excursion operator shall not provide any
service -
( a ) under a name which in the opinion of the Authority is
undesirable, unsuitable or misleading, and
( b ) unless the services of a tourist guide are provided for
any such excursion.
Transfer of licence. 35. (1) A licence to carry on the business of an organised
excursion operator may, with the consent in writing of the
Authority previously obtained, be transferred to any person who in
the opinion of the Authority satisfies the provisions of article 33.
(2) An organised excursion operator shall exhibit his licence in
a prominent place in his place of business. If an organised
excursion operator operates from more than one place of business
his licence shall be exhibited in his principal place of business and
a copy or copies of his licence, issued and certified as such by the
Authority on payment of the prescribed fee, shall likewise be
exhibited in all his places of business other than his principal place
of business.
PART VI 
TOURIST GUIDES
Licence to act as 
tourist guide.
 36. (1) No person shall act, or hold himself out as acting, as a
tourist guide unless he shall have previously obtained and is in
possession of a licence.
(2) Unless earlier revoked under any of the provisions of this
Act, every such licence shall remain valid until the thirty-first day
of December next following the date of issue and may, thereafter,
be renewed from year to year or for such further period or periods
as may be specified.
(3) A licence which has been revoked or which has not been
renewed shall be returned to the Authority.
(4) A licence may be granted or renewed as subject to such
conditions, limitations and exclusions as the Authority may
consider appropriate.
Conditions under 
which licence is 
granted.
37. A licence shall not be granted or renewed for the purposes
article 36 unless -
( a ) the person applying therefor is of good character and is
fit, proper and qualified to act as a tourist guide; and
( b ) in respect of the grant of a licence only, the grant is
desirable in accordance with published government
policy at the time of the consideration of the
application for the grant of the licence.
Name of tourist 
guide.
38. A tourist guide shall provide his services under his
personal name.
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  21
Transfer of licence.
transferable or assignable.
(2) A tourist guide shall produce his licence for inspection on
the demand of any member of the Authority or of any person
authorised in writing for the purpose by the Authority or by the
chief executive of the Authority or of any person who shall have
requested his services or to whom his services shall have been
offered.
PART VII 
ENFORCEMENT OF CONTROL
Monitoring of 
tourism operations.
40. The Authority shall monitor and review all tourism
operations to ensure that tourism operations are carried out only in
accordance with the provisions of this Act and in compliance with
the decisions lawfully taken under this Act; and for the purposes of
such monitoring and review the Chairperson of the Enforcement
Directorate or any person authorised by him to that effect shall
have the right at all reasonable times to enter and inspect any
tourism operation, other than a tourist guide.
Serving of notice.
operation is being carried on without the licence required in that
behalf under this Act, or that any conditions subject to which a
licence was granted in respect of any tourism operation are not
being complied with or that a licensed tourism operation is being
run in violation of any of the provisions of this Act or of any
regulations made hereunder, or that circumstances have arisen
which justify the revocation of the licence, the Authority shall
serve a notice on the owner of the tourism operation or, in the case
of a tourist guide, on the tourist guide, requiring the tourism
operation to be stopped forthwith or, in cases not involving an
unlicensed tourism operation, that the tourism operation be stopped
forthwith or that the irregularity be rectified.
(2) A copy of the notice given under subarticle (1) shall also
be served on any operator of the tourism operation and on any
employees in the tourism operation and a copy shall be fixed at a
point of entry into each of the premises used for or in connection
with the tourism operation.
(3) Except as otherwise provided in this article, a notice given
under subarticle (1) (in this Act also referred to as an "enforcement
notice")shall -
( a ) in respect of any requirement stopping or prohibiting
the further carrying on of a tourism operation, take
effect immediately upon service of the notice;
( b ) in respect of any other requirement, take effect
immediately upon service of the notice or at the
expiration of such period as shall be specified.
(4) Any person who feels himself aggrieved by any
enforcement notice served on him may, within fifteen days from
the service of the notice, appeal against it to the Board; and in any
such appeal the Board -
  22  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
( a ) if satisfied that a licence was in force under this Act
for the tourism operation to which the enforcement
notice relates or that no such licence was required in
respect thereof, as the case may be, or that the
conditions subject to which such licence was granted
were complied with and that the tourism operation to
which the enforcement notice relates was being run in
accordance with the provisions of this Act and of any
regulations made hereunder, shall quash the
enforcement notice to which the appeal relates or such
part thereof in respect of which the Board is satisfied
as aforesaid;
( b ) in any other case, shall dismiss the appeal.
(5) An appeal shall suspend the effects of the notice against
which the appeal is entered, except those that stop the carrying on
of a tourism operation, until such time as the appeal is determined.
The appeal, if upheld, shall cancel this notice.
(6) When an appeal is dismissed, the Board may direct that, in
respect of any requirement, other than a requirement stopping or
prohibiting the further carrying on of a tourism operation, the
enforcement notice shall not come into force until such date as the
Board thinks fit.
Supplementary 
provisions as to 
enforcement.
42. (1) If any steps or other action, including any
discontinuance, stoppage or similar requirement to be taken by an
enforcement notice have not been taken within the time specified
therein, or forthwith if so specified, the Authority may enter the
tourism operation, other than a tourist guide, to which the
enforcement notice relates and take such steps, including the
closure of the tourism operation or other action as required by
circumstances and may for such purpose request the assistance of
the police which shall for such purpose exercise such powers as are
vested in them for the prevention of offences and the enforcement
of law and order.
(2) Notwithstanding the provisions of any other law, no
precautionary warrant or other order shall be issued or made by any
court restraining the Authority from the exercise of any of the
powers conferred upon it by this article.
(3) All expenses reasonably incurred by the Authority to carry
out an enforcement notice under this article shall be recoverable as
a civil debt by the Authority from the person who is then the owner
of the tourism operation or, in the case of a tourist guide, from the
tourist guide, to which the enforcement notice relates, without
prejudice to such right of recovery such person may have against
any other person.
PART VIII 
OFFENCES AND PENALTIES 
Offences and 
penalties.
43. (1) Any person who -
( a ) not being in possession of a licence, carries on any
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  23
tourism operation or allows any tourism operation to
be carried on from or in property of which he is the
owner or a co-owner or from or in which he could have
carried on such operation if he were in possession of a
licence; or
( b ) being in possession of a licence fails to comply with
any applicable provision of this Act or with any
condition, restriction or other limitation to which the
licence is subject; or
( c ) having been served with an enforcement notice or
other order under article 41, fails to comply with any
of the requirements of such notice within the time
therein specified or forthwith as the case may be; or
( d ) hinders, obstructs, molests or interferes with, or
attempts to hinder, obstruct, molest, or interfere with,
any officer, employee or agent of the Authority, or any
police officer, in the execution of his duties under the
law, or fails to comply with any reasonable
requirement demanded of him by any such officer,
employee, agent or police officer as aforesaid or
otherwise to assist him in the carrying out of the said
duties, or knowingly furnishes such officer or
employee or agent or police officer with false
information required for the purpose aforesaid; or
( e ) knowingly makes a declaration for any of the purposes
of this Act which is false, misleading or incorrect in
any material respect; or
( f ) * fails to comply with the provisions of article 31, 
shall be guilty of an offence against this Act and shall be liable on
conviction to a fine ( multa )of not less than five hundred liri and
not more than ten thousand liri, and in the case of an offence under
paragraph ( b )of this subarticle, or in respect of an offence under
paragraph ( c ) of this subarticle, if the offender persists in the
offence for more than three months, also to imprisonment for a
term of not less than three months and not more than three years.
(2) The court, besides awarding the punishment referred to in
subarticle (1), shall order the offender to remove the causes of the
offence and to undo anything which was done without a licence or
to comply with the conditions imposed in the licence, as the case
may be, within a time sufficient for the purpose, but in any case not
exceeding three months from the date of the judgement, to be fixed
by the court; and if the offender fails to comply with any order
within the time so fixed, he shall be liable to a fine ( multa )of not
less than five hundred liri and not more than five thousand liri, as
the court may fix, for every day the default continues after the
expiration of the said time.
Cap. 446.
relation to the offences mentioned in subarticle (1). 
*In force only as relating to the provisions of article 31(1).
  24  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
Cap. 9. 
(4) Proceedings against any person for any offence as is
mentioned in subarticle (1) shall be taken before the Court of
Magistrates (Malta)or the Court of Magistrates (Gozo), as the case
may be, as courts of criminal judicature in accordance with the
provisions of the Criminal Code:
Provided that, notwithstanding the provisions of article
376(1)( b )of the Criminal Code, the court shall, at the request of
the prosecution or of the accused, take down evidence given by the
witnesses in the manner provided for in article 390(6) of the said
Code or in any other law.
(5) In any prosecution against a person charged with running or
operating a hotel, guest house, hostel, or holiday premises without
a licence as is provided for in article 18(1), or charged with
providing accommodation to tourists, other than  bona fide  friends
or relatives who are provided with such accommodation without
any payment, without a licence as provided for in article 18(2), it
shall be sufficient for the prosecution to prove that the accused had
control of the premises to which the charge relates; that, upon
inspection of the premises, a tourist or tourists were found thereon;
that such premises had sleeping facilities; that personal effects of
such tourist or tourists were found on such premises; and that the
premises were not duly licensed, and it shall not be required to
produce such tourist or tourists as witnesses or such personal
effects as evidence, and the court shall deem such charge to be
proved unless the accused proves that such tourist or tourists had
been duly accommodated in licensed premises or that such tourist
or tourists were  bona fide  friends or relatives as aforesaid.
(6) In any prosecution against a person charged with being an
accomplice in any one or more of the offences listed in subarticle
(5) it shall be sufficient for the prosecution to prove that the
premises to which the charge relates were not duly licensed as is
provided for in article 18(1) or (2), as the case may be; that, upon
inspection of the premises, a tourist was found thereon; that such
premises had sleeping facilities; that personal effects of such
person were found on the premises; and that the accommodation in
the premises was procured by or for such person through the
intervention, however effected, of the accused, and the prosecution
shall not be required to produce such tourist as a witness or such
personal effects as evidence, and the court shall deem such charge
to be proved unless the accused proves that prior to intervening in
the procurement of the accommodation he made diligent enquiries
as to the licensing of the premises or that, in the circumstances, he
could not reasonably have been expected to know that the premises
were not duly licensed.
Certified copies of 
certain documents.
44. In any proceeding or prosecution under this Act, a copy of
any order, notice, decision or other document purporting to have
been made under this Act and purporting to have been signed by the
Chairperson of the Authority or by the Chief Executive of the
Authority, shall be accepted as evidence of the order, notice,
decision or other document and of the facts appearing therein,
without further proof.
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  25
Special procedure.
and punishment of offences, where the Authority believes that a
person has committed an offence against this Act, other than an
offence under article 43(1)( c ), the Authority may give notice in
writing to such person describing the offence of which the person is
accused, indicating the steps to be taken to remedy the offence and
the fine which he is required to pay in respect of that offence:
  Provided that the Authority may not require the payment of
a fine higher than one thousand liri.
(2) Where a notice under this article has been given, the person
named in the notice may, within twenty-one days of the service of
the notice, accept responsibility for the offence specified in the
notice and within the same period, or such further period as the
Authority may allow, remedy the offence and pay, or undertake in
writing to pay, the fine indicated in the notice or such fine as the
Authority may accept in lieu, and in any such case -
( a ) the person named in the notice shall be deemed to have
committed the offence and to have admitted his guilt
in respect thereof, and the fine paid, or agreed to be
paid, shall be the fine to which he became liable to
pay;
( b ) if the offence is remedied and the fine is paid within
the period, or further period as aforesaid, no further
proceedings may be taken against the said person in
respect of the same facts;
( c ) if the fine is not paid within the period, or further
period as aforesaid, it shall be treated as if it were a
fine ( multa ) ordered to be paid by the court which
would have had jurisdiction to take cognisance of the
offence, and proceedings may be taken accordingly as
if it were an order of that court.
Cap. 9.
(3) Where the person to whom notice is given under subarticle
(1) does not accept responsibility for the offence or, having
accepted such responsibility, fails to remedy the offence within the
time aforesaid, ordinary proceedings may be taken against him in
accordance with the provisions of the Criminal Code, of this Act
and of any other law applicable to the offence.
Cap. 9.
Attorney General shall always have a right of appeal to the Court of
the Criminal Appeal from any judgement given in proceedings
arising out of this Act or of any regulations, rules or orders made
hereunder.
PART IX 
SUPPLEMENTAL 
Power to make 
regulations 
includes power of 
revocation, etc.
Cap. 249.
46. Without prejudice to the provisions of the Interpretation
Act, any power conferred by this Act to issue licences, to give
classifications or re-classifications, to make regulations, rules,
orders, lists, schedules and any other instrument of like nature,
includes the power from time to time to revoke, replace, amend,
  26  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
alter, add to or delete from any such instrument as aforesaid.
Power to make 
regulations.
Amended by:
XXVI. 2000.18.
47. (1) The Minister may, on the recommendation of the
Authority, make regulations to regulate or otherwise provide for
any matter relating to tourism operations in order to give fuller
effect to the provisions of this Act, and, in particular, he may by
such regulations -
( a ) regulate standards, levels of service and amenities in
tourism operations, as well as any other matter relating
thereto, taking account of all relevant considerations,
including tourism policy from time to time,
classification, health and sanitation;
( b ) require that any category or class of employees in any
tourism operation shall be in possession of such
licences or shall be in possession of such certificates
of competence as may be prescribed;
( c ) regulate time-share contracts and the promotion of and
services provided in time-sharing resorts, including
without prejudice to the generality of the foregoing the
information that is to be given to prospective
purchasers and the language in which such information
is to be given, the form which such contract must be
drawn up in, the establishment of such cooling-off
periods during which and other circumstances in
which the purchaser may withdraw from the contract,
as well as the prohibition of any or such payments as
may be determined before the premises to which the
contract refers or the contracts are completed, as well
as imposing an obligation for the repayment of such
deposits as may be prescribed if the contract is
rescinded or the purchaser withdraws therefrom.
Such regulations may provide that the time-
sharing contract shall take such form as may be
prescribed notwithstanding any provision of any other
law to the contrary and that it shall be drawn up in
such language or languages or be accompanied by a
certified translation in such language or languages as
may be prescribed.
Such regulations may also provide that in case of
failure to abide by any of the provisions thereof as may
be prescribed the contract may be null. Such
regulations may also regulate credit facilities that may
be granted with such contracts and the effect that a
rescission or withdrawal from the contract may have
on such credit agreements, and any other matter
relating to the sale of time-share and time-share
agreements;
( d ) regulate the provisions of travel package services;
( e ) prescribe the form of any notice, order or other
document authorised or required by this Act to be
made, served or given;
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  27
( f ) prescribe the manner in which a licence fee or other
charge made under this Act is to be established, made,
reviewed, collected, utilised or otherwise dealt with;
( g ) to the extent not otherwise provided, prescribe the
procedure to be followed by any body established by
this Act, and to amend, add or otherwise alter anything
contained in the schedules to this Act;
( h ) prescribe the fees payable to the Authority for any
service provided by it, or in respect of any matter for
which it is considered that a fee should be payable;
( i ) establish codes of ethics and conduct for tourism
operations: provided that, in making its
recommendations to the Minister, the Authority shall
consult and, so far as is advisable and possible, adopt
such recommendations as it shall receive from the
associations recognised by the Minister as
representative of the various sectors interested in
tourism;
( j ) prescribe such insurance cover that must be held by
licencees under this Act;
( k ) provide for any purpose for which regulations are
authorised or required to be made otherwise than by
the Authority.
(2) Any regulation made under this Act may provide for any
matter relating to liability for the observance of such regulations,
and the persons who may be liable, and for any matter relating to
the enforcement of the said regulations, including, but not limited
to, the imposition of a fine ( multa )not exceeding one thousand liri
in respect of any contravention of, or failure to comply with, the
provisions of such regulations.
Provision of 
services by 
government 
agency. 
48. (1) No service consisting in the supply of water,
electricity, telephone, telex, facsimile or other service or utility
shall be provided to any new tourism operation, other than a tourist
guide, by any agency of government unless there is in respect of
such tourism operation a certificate issued by the Authority stating
that the tourism operation is approved and that all the conditions of
the licence to be granted are, at the date of the certificate, satisfied.
In this subarticle "new tourism operation" means any tourism
operation which is commenced or is to commence after the date of
the coming into force of this Act.
(2) Any service consisting in the supply of water or electricity
provided by an agency of government to any tourism operation,
other than a tourist guide, may be suspended or withdrawn if the
tourism operation is unlicensed or, if it is licensed, if an
enforcement notice is in effect in respect thereof.
Serving of notice.
whatsoever is required or authorised to be served or given by or
under this Act, it may be served or given in any of the following
manners:
  28  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
( a ) by delivering it to the person on whom it is to be
served or to whom it is to be given; or 
( b ) by leaving it at the usual or last known place of abode
of that person or, if such person has furnished an
address for service, at that address; or
( c ) by sending it by registered mail addressed to that
person at the place of abode or the address for service
aforesaid; or
( d ) in the case of a juridical person, by delivering it to an
officer or servant thereof at the registered or principal
office, or sending it by registered mail addressed to the
body aforesaid at that office; or
( e ) in any case in which it is not reasonably possible to
effect service in any of the foregoing manners whether
on all or on any one or more of the persons on whom
service is to be made or notice is to be given, by
affixing the document to be served or given in a
conspicuous place on the premises to which it relates
and keeping it so affixed for a period of not less than
seven working days and by publishing the contents
thereof in the Gazette.
(2) Where the notice or other document is required or
authorised to be served or given to any person as having an interest
in a tourism operation, and the name of that person cannot be
ascertained after reasonable inquiry, or is required or authorised to
be served on an operator of a tourism operation, the notice shall be
deemed to be duly served or given if it is served or given in any of
the manners indicated in subarticle (1) and addressed to the person
having an interest in the tourism operation by the description of
"owner" or "operator", or "owners" or "operators", as the case may
require.
Transfer of 
property.
50. (1) With effect from the appointed day all property which,
immediately before the appointed day, was vested in or belonged to
the National Tourism Organization shall, by virtue of this Act, be
transferred to and shall vest in the Authority under the same title by
which they were held by the National Tourism Organization
immediately before that day.
(2) Such transfer shall extend to the whole of such property,
movable and immovable, assets, powers, rights, both real and
personal, privileges and causes of action held or enjoyed in
connection therewith or appertaining thereto.
Construction of 
existing laws, 
contracts, etc.
51. Subject to the provisions of this Act, all laws, rules,
regulations, orders, judgements, documents, warrants and working
arrangements, subsisting immediately before the appointed day,
affecting any of the transferred property shall have full force and
effect against or in favour of the Authority and shall be enforceable
as fully and effectually as if, instead of the National Tourism
Organization, the Authority had been named therein or been a party
thereto, as the case may be.
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  29
Transitory 
provisions.
52. (1) Where anything has been commenced by or under the
authority of the National Tourism Organization prior to the
appointed day and such thing is in relation to any of the transferred
property or any right or liability transferred by or under this Act,
such thing may be carried on and completed by or under the
authority of the Authority.
(2) Where on the appointed day any legal proceeding is
pending to which the National Tourism Organization is a party or is
entitled to be a party, and such proceeding has reference to any of
the transferred property or any right or liability transferred by or
under this Act, the Authority shall be substituted in such
proceeding for the National Tourism Organization or shall be
entitled to be so substituted.
(3) The Minister may by order make such incidental,
consequential and supplemental provision as may be necessary or
expedient for the purpose of securing and giving full effect to the
transfer of any property, right or liability to the Authority by or
under this Act and may make such orders as may be necessary to
make any powers and duties exercised by the National Tourism
Organization, in relation to any of the transferred property,
exercisable by the Authority.
Savings.
Cap. 190.
Cap. 197.
Cap. 240.
Cap. 264.
Cap. 310.
53. (1) The regulations made under the Tourist Guide Service
Act, the Hotels and Catering Establishments Act, the Guest Houses
and Holiday Furnished Premises Act, the Travel Agencies and
Hotel Services Act, and the National Tourism Organization Act,
repealed by this Act, as shown in the Fourth Schedule to this Act,
shall, until other provision is made under or by virtue of this Act,
continue in force and have effect as if made under this Act and,
notwithstanding anything contained in those regulations and in the
Acts abovementioned with regard to offences, penalties and
criminal proceedings, the provisions of articles 43, 44 and 45 shall,
mutatis mutandis , apply to those regulations.
(2) Any licence, permission or other authority granted under
any enactment, or any provision thereof, repealed by this Act, and
still in force immediately before such repeal, shall continue in force
thereafter as if it were a licence, permission or authority granted
under a corresponding provision of this Act, as the case may
require; and any such licence, permission or authority as aforesaid
shall be treated and dealt with accordingly.
  30  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
SCHEDULES
FIRST SCHEDULE
_gArticle 3 (7)_h
Provisions with respect to the proceedings of the Authority
1.  The Authority may act notwithstanding any vacancy
amongst its members, provided there is a quorum present at the
meeting.
2.  The quorum of the Authority shall consist of the
Chairperson or acting chairperson, who, in the absence of the
chairperson for any particular meeting, shall be appointed by the
members present, and not less than five other voting members
constituting the Authority at the time of the meeting.
3.  The meetings of the Authority shall be called by the
Chairperson either on his own initiative or at the request of any
three members of the Authority, specifying the agenda; and the
Authority shall also meet at such times as it may itself decide.
4.  The Chairperson, or the acting chairperson, shall have an
original vote, and where the votes are equally divided, a second or
casting vote.
5.  A member of the Authority who has a direct or indirect
interest in any matter coming before the Authority for
consideration shall, as soon as the relevant circumstances have
come to his knowledge, disclose the nature of his interest. Such
disclosure shall be recorded in the minutes of the meeting and the
member -
( a )  shall not take part in any discussion or decision of the
Authority with respect to that matter; and
( b )  shall be disregarded for the purpose of constituting a
quorum for any such discussion or decision.
6.  All acts done by any person in good faith as a member of
the Authority shall be valid and effective as if he were a member
even if some defect in his qualification for appointment is
subsequently discovered.
7.  Without prejudice to the provisions of article 44, any
document purporting to be a document made or issued by the
Authority and signed by the chairperson of the Authority or by the
chief executive on its behalf shall be received in evidence and
shall, until the contrary is proved, be deemed to be a document
made or issued by the Authority.
8.  Subject to the provisions of this Act, including this
Schedule, the Authority may regulate its own procedure.
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  31
SECOND SCHEDULE
_gArticle 12(2)_h
Executive Directorates
Subject to the Minister’s powers under article 12, in addition to
the Enforcement Directorate, there shall also be the following three
executive directorates, to be known as the Marketing and
Promotion Directorate, the Support Services, Human Resource
Utilisation and Training Directorate, and the Product Planning and
Development Directorate. The directorates shall be composed as
follows:
( a ) the Marketing and Promotion Directorate shall be
composed of: 
(i)   four persons appointed by the Minister from
among persons with knowledge of and
experience in marketing and promotion, one of
whom shall have such knowledge and
experience relating to Gozo, and two of whom
shall be from among operators in the tourism
sector. The Minister shall nominate one of such
four persons to be the chairperson; 
(ii) one person appointed by the Minister on the
recommendation of the association recognised
by him as being representative of the hotel
sector; 
(iii) one person appointed by the Minister on the
recommendation of the association recognised
by him as representative of the tourism and
travel agents sector; and
(iv) one person appointed by the Minister on the
recommendation of the national airline; 
( b ) the Support Services, Human Resource Utilisation and
Training Directorate shall be composed of: 
(i)   five persons appointed by the Minister from
among persons with knowledge of and
experience in human resource development, one
of whom shall have such knowledge and
experience relating to Gozo, and two of whom
shall be from among operators in the tourism
sector. The Minister shall nominate one of such
five persons to be the chairperson; 
(ii) one person appointed by the Minister on the
recommendation of the association recognised
by him as mostly representing the largest
number of hotels and catering establishments; 
(iii) one person appointed by the Minister on the
recommendation of the association recognised
by him as grouping professionals in hotel and
catering management; 
(iv) one person appointed by the Minister on the
  32  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
recommendation of the association recognised
by him as representative of incoming tourism
agents; and
(v) one person appointed by the Minister on the
recommendation of such other associations
recognised by him as representative of other
sectors providing tourism services;
( c ) the Product Planning and Development Directorate
shall be composed of: 
(i)   six persons appointed by the Minister from
among persons with knowledge of and
experience in product planning, development
and support services, one of whom shall have
such knowledge and experience relating to
Gozo. The Minister shall nominate one of the
said six persons to be the chairperson; 
(ii) one person appointed by the Minister on the
recommendation of the association recognised
by him as representative of the hotel sector; 
(iii) one person appointed by the Minister on the
recommendation of the association recognised
by him as representative of the tourism and
travel agents sector; 
(iv) one person appointed by the Minister on the
recommendation of the association recognised
by him as representative of the transport sector; 
(v) one person appointed by the Minister on the
recommendation of such other associations
recognised by him as representative of other
sectors providing tourism services; and
(vi) one person appointed by the Minister on the
recommendation of the national airline.
The provisions of article 3(5), including the provisions of the
proviso thereto, shall apply,  mutatis mutandis , to the members of
the executive directorates.
MALTA TRAVEL AND TOURISM SERVICES   _g CAP. 409.  33
THIRD SCHEDULE
_gArticle 14(8)_h
Proceedings before the Tourism Appeals Board and appeals 
therefrom
1.  Any person who feels aggrieved by a decision of the
Authority, as provided in article 14(1), may appeal to the Tourism
Appeals Board, on payment of the prescribed fee, within fifteen
days from the date the decision on which the appeal is entered is
communicated to the person concerned.
2.   The application shall state the grounds for the appeal and
the request of the appellant, and a copy of it shall be communicated
to the Authority, before the appeal is heard.
3.   The appellant shall appear before the Board either in
person or through an agent on the day and at the time fixed for the
hearing, make his submissions and produce such evidence as the
Board may allow:
Provided that the Board may postpone the hearing of the
appeal if it is satisfied that the appellant was prevented from
appearing before it owing to illness or absence from Malta or other
similar reasonable cause.
4.  The Board shall give the Authority an opportunity to make
its submissions in justification of its decisions, and bring such
evidence as the Board may consider necessary.
5.  The Board shall have the power to summon witnesses and
to administer the oath to any person appearing before it.
6.  The Board shall have power to confirm, revoke or alter the
decision appealed against and give such directions as it may deem
appropriate.
7.  The decisions of the Board shall be final and no appeal
shall lie therefrom except on a question of law only.
8.  If the appellant or the Authority, as the case may be, are
dissatisfied with any point of law decided by the Board, they may
appeal to the Court of Appeal by an application filed as provided in
article 14(9).
9.  All hearings of the Board shall be held in public and all
decisions of the Board shall be given in public.
10.  Subject to the foregoing provisions and to the provisions of
this Act, the Board shall regulate its own procedure.
  34  CAP. 409. _h   MALTA TRAVEL AND TOURISM SERVICES  
Amended by:
L.N. 124 of 2002.
FOURTH SCHEDULE
_gArticle 53(2)_h
Regulations kept in force
Hotels and Catering
Establishments Regulations,
1972. - in so far as they refer
only to catering establishments
Legal Notice 67 of 1972 as
subsequently amended by Legal
Notices: 85 of 1978; 19 of 1986;
135 of 1990; and 100 of 1991
