 CIVIL AVIATION   [ CAP. 232.           1
CHAPTER 232 
CIVIL AVIATION ACT 
To regulate civil aviation.
17th October, 1972;
 21st March, 1973
ACT XLIII of 1972, as amended by Acts XXXII of 1979, XIII of 1983, XXXVII of 1988 and
XX of 1989; Legal Notice 176 of 1990; and Acts XX of 1998 IX of 2003.
ARRANGEMENT OF ACT
  Articles
Part I.  Preliminary  1-2 
Part II. Regulation of Civil Aviation  3-10
General  3-5
Licensing of certain flying  6-10
Part III.  Development of Civil Aviation  11
Part IV.  Liability for damage, etc., caused by aircraft  12-14
Part V.  Miscellaneous  15-17 
Part VI.  Supplemental  18-22
  2        CAP. 232. ]               CIVIL AVIATION  
PART I
PRELIMINARY
Short title. 1. The short title of this Act is the Civil Aviation Act. 
Interpretation.
Amended by:
IX. 2003.26.
Cap. 218.
2. (1) In this Act, unless the context otherwise requires -
"air operator’s certificate" means a certificate granted under
article 4 of the Civil Aviation (Air Operators’ Certificates) Act;
"air service licence" means a licence under article 7;
"air transport service" means the carriage of passengers or of
mails or of cargo by air for reward;
"air transport undertaking" means an undertaking whose business
includes the carriage by air of passengers or cargo for hire or
reward;
"Director" means the Director of Civil Aviation;
"effective control" means a relationship constituted by rights,
contracts or any other means which, either separately or jointly and
having regard to the considerations of fact or law involved, confer
the possibility of directly or indirectly exercising a decisive
influence on an undertaking, in particular by:
( a ) the right to use all or part of the assets of an
undertaking;
( b ) rights or contracts which confer a decisive influence
on the composition, voting or decisions of the bodies
of an undertaking or otherwise confer a decisive
influence on the running of the business of the
undertaking;
"European Union" means the European Union referred to in the
Treaty;
"Gazette" means the Malta Government Gazette;
"loss or damage", in relation to persons, includes loss of life and
personal injury;
"Malta" has the same meaning as is assigned to it by article 124
of the Constitution of Malta;
"Member State" means a state which is a member of the
European Union;
"Minister" means the Minister responsible for civil aviation and,
to the extent of the authority given, any person authorised in that
behalf by such Minister;
"operator", in relation to an aircraft, means the person for the
time being having the management of that aircraft, and cognate
expressions shall be construed accordingly;
"person" includes an association or body of persons, whether
vested with legal personality or not;
"prescribed" means prescribed by regulation or order under this
Act;
 CIVIL AVIATION   [ CAP. 232.           3
"reward", in relation to any flight by an aircraft, includes any
form of consideration received or to be received wholly or partly in
respect of or in connection with that flight, irrespective of the
person by whom or to whom the consideration has been or is to be
given;
"tariff", in relation to any air transport service, means the fares or
freight rates (including any charges for the carriage of mails) to be
charged and any conditions upon which those fares or freight rates
depend;
Cap. 460.
Union Act.
(2) The Minister may by order from time to time extend the
meaning of Member State to a State associated with the European
Union within the European Economic Area or any similar
association with the European Union and may by subsequent order
amend, revoke or substitute any such order.
PART II 
REGULATION OF CIVIL AVIATION
General
Power to give 
effect to 
international 
conventions and 
regulate air 
navigation.  
Amended by:
XIII. 1983.5;
XX. 1998.30.
  3. (1) The Minister may by regulation or order make such
provision as appears to him to be requisite or expedient - 
( a ) for carrying out or giving effect to any international
convention or other international agreements relating
to civil aviation to which the Government of Malta is
or intends to become a party;
( b ) generally for regulating air navigation;
( c ) for prescribing or making provision for any matter that
is to be or may be prescribed under this Act.
(2) The Minister may by regulations or order make provision -
( a ) as to the registration of aircraft in Malta;
( b ) for prohibiting aircraft from flying unless certificates
of airworthiness issued or validated under the
regulations or order are in force with respect to them
and except upon compliance with such conditions as to
maintenance or repair as may be specified in the
regulations or order;
( c ) for the licensing, inspection and regulation of
aerodromes, for access to aircraft factories for the
purpose of inspecting work therein carried on in
relation to aircraft or parts thereof and for prohibiting
or regulating the use of unlicensed aerodromes;
( d ) for prohibiting persons from engaging in, or being
employed in or in connection with, air navigation in
such capacities as may be specified in the regulations
  4        CAP. 232. ]               CIVIL AVIATION  
or order except in accordance with provisions in that
behalf contained in the regulations or order, and for the
licensing of those employed at aerodromes in the
inspection or supervision of aircraft;
( e ) as to the conditions under which, and in particular the
aerodromes to or from which, aircraft entering or
leaving Malta may fly, and as to the conditions under
which aircraft may fly from one part of Malta to
another;
( f ) as to the conditions under which passengers and goods
may be carried by air and under which aircraft may be
used for other commercial, industrial or gainful
purposes, and for prohibiting the carriage by air of
goods of such classes as may be specified in the
regulations or order;
( g ) for minimizing or preventing interference with the use
or effectiveness of apparatus used in connection with
air navigation, and for prohibiting or regulating the use
of such apparatus as aforesaid and the display of signs
and lights liable to endanger aircraft;
( h ) generally for securing the safety, efficiency and
regularity of air navigation and the safety of aircraft
and of persons and property carried therein, for
preventing aircraft endangering other persons and
property and, in particular, for the detention of aircraft
for any of the purposes specified in this paragraph;
( i ) for requiring persons engaged in, or employed in or in
connection with, air navigation to supply
meteorological information for the purposes of air
navigation;
( j ) for regulating the making of signals and other
communications by or to aircraft and persons carried
therein;
( k ) for establishing any ensign, and for regulating the use
of any ensign already established whether by the
regulations or order or otherwise, for purposes
connected with air navigation; 
( l ) for prohibiting aircraft from flying over such areas in
Malta as may be specified in the regulations or order; 
( m ) for applying, adapting or modifying the enactments
relating to customs in relation to aerodromes and to
aircraft and to persons and property carried therein and
for preventing smuggling by air, and for permitting in
connection with air navigation, subject to such
conditions as appear to the Minister to be requisite or
expedient for the protection of the revenue, the
importation of goods into Malta without payment of
duty;
( n ) as to the manner and conditions of the issue,
validation, renewal, extension or variation of any
 CIVIL AVIATION   [ CAP. 232.           5
certificate, licence or other document required by the
regulations or order (including the examinations and
tests to be undergone), and as to the form, custody,
production, cancellation, suspension, endorsement and
surrender of any such document;
( o ) for regulating the charges that may be made for the use
of aerodromes and for services provided at such
aerodromes;
( p ) for prescribing the fees to be paid in respect of the
issue, validation, renewal, extension or variation of
any certificate, licence or other document or the
undergoing of any examination or test required by the
regulations or order and in respect of any other matters
in respect of which it appears to the Minister to be
expedient for the purpose of the regulations or order to
charge fees;
( q ) for exempting from the provisions of the regulations or
order or any of them any aircraft or persons or classes
of aircraft or persons.
(3) Regulations or orders under this article may make different
provisions with respect to different classes of aircraft, aerodromes,
persons or property or with respect to different circumstances and
with respect to different parts of Malta.
(4) Regulations or orders under this article may, for the purpose
of securing compliance with the provisions thereof, provide for the
imposition of penalties not exceeding a fine ( multa ) of one
thousand liri and imprisonment for a term of six months, and, in the
case of any provision having effect by virtue of subarticle (2)( l ),
may also for that purpose provide for the taking of such steps
(including firing on aircraft) as may be specified in the regulations
or order.
Investigation of 
accidents. 
Amended by: 
XIII. 1983.5.
4. (1) The Minister may make regulations or orders providing
for the investigation of any accident arising out of or in the course
of air navigation, and either occurring in or over Malta or occurring
elsewhere to aircraft registered in Malta.
(2) Regulations or orders under this article may contain
provisions - 
( a ) requiring notice to be given of any such accident as
aforesaid in such manner and by such persons as may
be specified in the regulations;
( b ) applying, with or without modification, for the
purpose of investigations held with respect to any such
accident any of the provisions of any other enactment
relating to investigations in cases of accidents;
( c ) prohibiting, pending investigation, access to or
interference with aircraft to which an accident has
occurred, and authorising any person, so far as may be
necessary for the purposes of an investigation, to have
access to, examine, remove, take measures for the
  6        CAP. 232. ]               CIVIL AVIATION  
preservation of, or otherwise deal with, any such
aircraft;
( d ) authorising or requiring the cancellation, suspension,
endorsement or surrender of any licence or certificate
granted under any of the foregoing provisions of this
Act or any regulations or order made, or having effect
as if made, thereunder, where it appears on an
investigation that the licence or certificate ought to be
cancelled, suspended, endorsed or surrendered, and
requiring the production of any such licence or
certificate for the purpose of being so dealt with.
(3) If any person contravenes or fails to comply with any
regulation or order made or having effect as if made under this
article, he shall be liable on conviction to a fine ( multa ) not
exceeding two hundred liri or to imprisonment for a term not
exceeding three months.
Dangerous flying. 
Amended by: 
XIII. 1983.5.
5. (1) Where an aircraft is flown in such a manner as to be the
cause of unnecessary danger to any person or property on land or
water, the pilot or the person in charge of the aircraft, and also the
owner thereof unless he proves to the satisfaction of the court that
the aircraft was so flown without his actual fault or privity, shall be
liable on conviction to a fine ( multa ) not exceeding one thousand
liri or to imprisonment not exceeding six months or to both such
fine and imprisonment.
(2) In this article the expression "owner" in relation to an
aircraft includes any person by whom the aircraft is hired at the
time of the offence.
(3) The provisions of this article shall be in addition to and not
in derogation of the powers conferred on the Minister by article 3.
Licensing of certain flying
Restriction of 
unlicensed flying.
6. (1) Subject to the provisions of subarticle (3), no aircraft
shall be used on any flight for reward or in connection with any
trade or business except under and in accordance with the terms of
a licence granted to the operator of the aircraft under article 7 (in
this Act referred to as an "air service licence"), being a licence
currently in force and authorising the operator to operate aircraft on
such flights as that in question.
Cap. 218.
(2) The requirements of subarticle (1) shall be without
prejudice to the provisions of the Civil Aviation (Air Operators’
Certificates) Act.
(3) The Minister may by regulations or order provide that
subarticle (1) shall not apply to flights of such description as may
be specified in the regulations or order, and may by instrument in
writing exempt from the requirements of the said subarticle any
other particular flight or series of flights. The provisions of article
18 shall apply to exemptions made under this subarticle.
(4) This article shall apply to -
 CIVIL AVIATION   [ CAP. 232.           7
( a ) any flight in any part of the world by an aircraft
registered in Malta; and
( b ) any flight beginning or ending in Malta by an aircraft
registered in such other country or territory, if any, as
may be prescribed.
(5) An aircraft shall be deemed to be in flight from the moment
when, after the embarcation of its crew for the purpose of taking
off, it first moves under its own power until the moment when it
next comes to rest after landing.
Air service 
licences.
Substituted by:
IX. 2003.27.
7. (1) The power to grant an air service licence, that is to say
a licence for any air transport service or other purpose specified in
the licence shall be vested in the Director who shall grant to an air
transport undertaking such a licence upon his being satisfied that
the air transport undertaking meets the requirements of this Act and
such other requirements as may be prescribed.
(2) An air service licence may be granted under such
conditions including rights of access to specific routes or markets
as may be specified in the licence.
(3) An application to the Director for the grant of an air service
licence shall contain such particulars and shall be accompanied by
such fees as may be prescribed.
(4) An air transport undertaking providing an air transport
service shall not be granted an air service licence unless it shows to
the satisfaction of the Director, whenever it is required by him so to
do, that -
( a ) its principal place of business and, if any, its registered
office are located in Malta, and
( b ) its main occupation is air transport in isolation or
combined with any other commercial operation of
aircraft or repair and maintenance of aircraft, and
( c ) it is owned and continues to be owned directly or
through majority ownership by Member States or
nationals of Member States, who shall at all times have
effective control of the air transport undertaking.
(5) The Director shall only grant an air service licence to an
applicant if such applicant is in possession of a valid Air Operator’s
Certificate specifying the activities to be covered in the air service
licence.
(6) The air service licence shall remain valid for as long as the
air transport undertaking continues to meet the requirements for the
issue thereof. The holder of the licence shall whenever requested
by the Director furnish him with all pertinent information that the
Director may require to be in a position to ascertain the continued
validity of the licence.
(7) As soon as may be practicable after the grant of any licence
under this article, the Director shall cause notice thereof to be given
in the Gazette.
  8        CAP. 232. ]               CIVIL AVIATION  
Revocation, 
suspension and 
variation of 
licences.
Substituted by:
IX. 2003.27.
8. (1) If, in the case of any person who is the holder of an air
service licence, the Director is at any time no longer satisfied that
such person -
( a ) meets the conditions in and under this Act for the issue
and holding of an air service licence; or
( b ) is competent and a fit and proper person to operate
aircraft for the purposes authorised by the licence,
the Director shall, as may appear to him appropriate in the
circumstances, revoke, suspend or vary that licence.
(2) If, as a result of insolvency or similar proceedings against
the holder of an air service licence, the Director is satisfied that
there is no realistic prospect of a satisfactory financial
reconstruction of the holder within a reasonable time, he shall
revoke the licence.
Restriction with 
respect to carriage 
for hire or reward 
in aircraft 
registered 
outside Malta.
Amended by:
IX. 2003.28.
9. An aircraft registered in any country or territory other than
Malta shall not take on board or discharge any passengers or cargo
in Malta, being passengers or cargo carried or to be carried for hire
or reward or in connection with any trade or business, except with
the permission of the Minister granted under this article to the
operator or the charterer of the aircraft or to the Government of the
country in which the aircraft is registered, and in accordance with
any conditions to which such permission may be subject unless that
aircraft is being used in the exercise of traffic rights regarding
access of European Union air transport undertakings on air routes
in the territory of the European Union.
Enforcement of 
provisions relating 
to licences and 
permits. 
Amended by: 
XIII. 1983.5.
10. (1) If an aircraft is used in contravention of article 6 or of
article 9, the operator and the pilot or the person in charge of the
aircraft, and if any other person, whether by negotiating a contract
or otherwise howsoever, made available facilities for travel or the
consignment of goods on that flight knowing or having reasonable
cause to suspect that the use of the aircraft would be in
contravention of the said article 6 or article 9, that other person
also, shall be guilty of an offence and shall be liable on conviction
to a fine ( multa ) not exceeding two thousand liri or to
imprisonment for a term not exceeding one year, or to both such
fine and imprisonment.
(2) If it appears to the Minister that an aircraft has been used in
contravention of any provision of article 6 or of article 9, or that
any aircraft is intended or likely to be flown in such circumstances
that any of the said provisions would be contravened in relation to
the flight, the Minister may take such steps as are necessary to
detain the aircraft and may for the purpose cause the aircraft to be
entered upon.
 CIVIL AVIATION   [ CAP. 232.           9
PART III 
DEVELOPMENT OF CIVIL AVIATION
Minister charged 
with duty to 
develop civil 
aviation.
11. (1) The Minister shall be charged with the general duty of
organising, carrying out and encouraging measures for the
development of civil aviation, and in particular of air transport
services, in the national interest.
(2) If the Minister is satisfied that a company, formed or to be
formed under the laws of Malta to provide air transport services or
to undertake other forms of activity connected with civil aviation,
or to do both, has been or will be granted an air service licence and
is or will be otherwise able to provide such services or undertake
such activity, and if the Minister is authorised for the purpose by a
resolution of the House of Representatives, he may on behalf of the
Government of Malta acquire or subscribe to, or authorise the
acquisition of or subscription to, such number of shares in such
company, or of debentures thereof, or of both such shares and
debentures, as he may deem appropriate, and may for any of the
purposes aforesaid sign or authorise the signing of any instrument
or other agreement, including any instrument forming the company.
(3) Notwithstanding the provisions of any other enactment, any
alteration or addition to the memorandum or articles of association
of a company in which, at the time of such alteration or addition the
Government of Malta has shares or debentures as provided in
subarticle (2), shall not take effect until the date on which such
alteration or addition is approved by a resolution of the House of
Representatives or such later date, if any, as is prescribed in any
other enactment.
(4) Any sums, not exceeding in the aggregate such sum as the
House of Representatives may from time to time by resolution
determine, required for any of the purposes mentioned in subarticle
(2) and for any liability arising therefrom shall be a charge on the
Consolidated Fund and are appropriated by this Act for that
purpose.
PART IV
LIABILITY FOR DAMAGE ETC. CAUSED BY AIRCRAFT
Liability of aircraft 
in respect of 
trespass, nuisance 
and surface 
damage.
12. (1) No action shall lie in respect of trespass or in respect
of nuisance, by reason only of the flight of an aircraft over any
property at a height above the ground, which, having regard to the
wind, weather and all the circumstances of the case, is reasonable,
or the ordinary incidents of such flights so long as the provisions of
Part II and of this Part and any regulations or order made
thereunder are duly complied with.
(2) Where material loss or damage is caused to any person or
property on land or water by, or by a person in, or an article or
person falling from, an aircraft while in flight, taking off or
landing, then unless the loss or damage was caused or contributed
  10        CAP. 232. ]               CIVIL AVIATION  
to by the negligence of the person by whom it was suffered,
damages in respect of the loss or damage shall be recoverable
without proof of negligence or intention or other cause of action, as
if the loss or damage had been caused by the wilful act, neglect or
default of the owner of the aircraft:
   Provided that where material loss or damage is caused as
aforesaid in circumstances in which -
( a ) damages are recoverable in respect of the said loss or
damage by virtue only of the foregoing provisions of
this subarticle; and
( b ) a legal liability is created in some person other than
the owner to pay damages in respect of the said loss or
damage,
the owner shall be entitled to be indemnified by that other person
against any claim in respect of the said loss or damage.
Nuisance caused 
by aircraft on 
aerodromes.
13. (1) Regulations or orders under article 3 may provide for
regulating the conditions under which noise and vibrations may be
caused by aircraft on aerodromes.
(2) No action shall lie in respect of nuisance by reason only of
the noise and vibration caused by aircraft on an aerodrome as long
as the provisions of any regulations or order made as provided in
subarticle (1) are duly complied with.
Responsibility 
when aircraft is 
hired out, etc.
14. Where an aircraft has been  bona fide  demised, let or hired
out for any period exceeding fourteen days to any other person by
the owner thereof, and no pilot, commander, navigator or operative
member of the crew of the aircraft is in the employment of the
owner, this Part shall have effect as if for references therein to the
owner there were substituted references to the person to whom the
aircraft has been so demised, let or hired out.
PART V
MISCELLANEOUS
Application of law 
of wreck and 
salvage to aircraft.
15. (1) Any services rendered in assisting, or in saving life
from or in saving the cargo and apparel of, an aircraft in, on or over
the sea or any tidal water, or on or over the shores of the sea or any
tidal water, shall be deemed to be salvage services in all cases in
which they would have been salvage services if they had been
rendered in relation to a vessel; and where salvage services are
rendered by an aircraft to any property or person, the owner of the
aircraft shall be entitled to the same reward for those services as he
would have been entitled to if the aircraft had been a vessel.
   The provisions of this subarticle shall have effect
notwithstanding that the aircraft concerned is a foreign aircraft, and
notwithstanding that the services in question are rendered
elsewhere than within the limits of the territorial waters of Malta.
 CIVIL AVIATION   [ CAP. 232.
(2) The Minister may by order direct that any provisions of any
enactment for the time being in force in Malta which relate to
wreck, to salvage of life or property or to the duty of rendering
assistance to vessels in distress shall, with such exceptions,
adaptations and modifications, if any, as may be specified in the
order, apply in relation to aircraft as those provisions apply to
vessels.
(3) For the purposes of this article any provisions of any
enactment which relate to vessels laid by or neglected as unfit for
sea service shall be deemed to be provisions relating to wreck.
Application of the 
law of mortgages 
to aircraft. 
Added by: 
XXXII. 1979.2. 
Amended by: 
XXXVII.1988.47;
XX.1989.2. 
Cap. 234.
16. The provisions of articles 37A to 54A, both inclusive, of
the Merchant Shipping Act, in so far as they relate to the mortgage
of, or privilege over, a ship shall apply to aircraft in the same way
as they apply to ships, with such modifications and adaptations as
may be necessary including, but without prejudice to the generality
of the foregoing, that wherever in the said articles of the said Act,
reference is made to registrar and to ships, such reference shall be
construed as a reference to the Director of Civil Aviation and to
aircraft respectively.
Exemption of 
aircraft and parts 
thereof from 
seizure on patent 
claims.
17. (1) Any lawful entry into Malta or any lawful transit
across Malta, with or without landings, of an aircraft to which this
article applies shall not entail any seizure or detention of the
aircraft or any proceedings being brought against the owner or
operator thereof or any other interference therewith by or on behalf
of any person in Malta, on the grounds that the construction,
mechanism, parts, accessories or operation of the aircraft is or are
an infringement of any patent, design or model.
(2) The importation into, and storage in, Malta of spare parts
and spare equipment for an aircraft to which this article applies and
the use and installation thereof in the repair of such an aircraft shall
not entail any seizure or detention of the aircraft or of the spare
parts or spare equipment or any proceedings being brought against
the owner of the spare parts or spare equipment or any other
interference with the aircraft by or on behalf of any person in Malta
on the grounds that the spare parts or spare equipment or their
installation are or is an infringement of any patent, design or
model:
   Provided that this subarticle shall not apply in relation to
any spare parts or spare equipment which are sold or distributed in
Malta or are exported from Malta for sale or distribution.
(3) This article applies -
( a ) to an aircraft, other than an aircraft used in military,
customs or police services, registered in any country
or territory in respect of which there is for the time
being in force a declaration by order by the Minister
that the benefits of the provisions of any international
convention to which this article relates apply to that
country or territory;
( b ) to such other aircraft as the Minister may by order
specify.
  12        CAP. 232. ]               CIVIL AVIATION  
PART VI
SUPPLEMENTAL
Regulations and 
orders.
18. (1) Regulations and orders made under any of the
provisions of this Act may contain such incidental and
supplementary provisions as appear to the Minister to be necessary
or expedient for the purposes of the regulations or order.
(2) Power to make regulations or orders under any provision of
this Act shall include power to revoke or vary any such regulations
or orders, and any such revocation shall be without prejudice to the
making of new regulations or orders.
(3) Regulations and orders made under any of the provisions of
this Act may be made in the English language only.
(4) Regulations and orders made under this Act shall be laid on
the Table of the House of Representatives as soon as may be after
they are made and if, within the period of twenty-eight days after
they are so laid, the House resolves that they be annulled or
amended, the same shall thereupon cease to have effect or shall be
so amended, as the case may require, but without prejudice to the
validity of anything previously done thereunder or to the making of
new regulations or orders:
  Provided that this subarticle shall not apply to regulations
or orders having effect as if made under this Act.
(5) In reckoning for the purposes of subarticle (4) any such
period of twenty-eight days, no account shall be taken of any time
during which the House is not in session or during which it is
adjourned for more than seven days.
Detention of 
aircraft.
19. Regulations or orders made under any of the provisions of
this Act may provide for the detention of aircraft to secure
compliance with any provision of this Act or of any regulations or
order made thereunder, and may make such further provision as
appears to the Minister to be necessary or expedient for securing
such detention.
Extra-territorial 
effect.
20. (1) Notwithstanding that regulations or orders made under
any of the provisions of this Act have effect only as part of the law
of Malta, no provision contained in the regulation or order shall, on
the grounds that it would have extra-territorial operation, be
deemed to be invalid in so far as it applies to aircraft registered in
Malta, wherever they may be, or prohibits, requires or regulates-
( a ) the doing of anything by persons in, or any of the
personnel of, such aircraft as aforesaid, wherever they
may be, or
( b ) the doing of anything in relation to such aircraft as
aforesaid by other persons being citizens of Malta,
wherever they may be.
(2) For the purposes of subarticle (1) the personnel of the
aircraft shall be deemed to include the pilot or other person in
charge of the aircraft, and all other members of the crew of the
 CIVIL AVIATION   [ CAP. 232.
aircraft.
Offences by 
association or body 
of persons.
21. Where an offence under any of the provisions of this Act is
committed by an association or body of persons, every person who,
at the time of the commission of the offence, was a director,
manager, secretary or other similar officer of such association or
body of persons or was purporting to act in such capacity shall be
guilty of that offence unless he proves that the offence was
committed without his knowledge and that he exercised all due
diligence to prevent the commission of the offence.
Repeal and saving.* 22. (1) Any provision of any Act of the Parliament of the
United Kingdom of Great Britain and Northern Ireland relating to
civil aviation and applied to, or having effect as part of the law of
Malta immediately before the coming into force of this Act, and,
save as hereinafter provided, any instrument made or having effect
as if made thereunder, and having effect as aforesaid, shall, on the
coming into force of this article, cease so to have such effect or, as
the case may require is hereby revoked.
(2) The instruments specified in subarticle (3) as in force
immediately before the 2lst September, 1964 (including any
amendments thereof) shall continue to have effect as part of the law
of Malta as provided in article 11(1) of the Malta Independence
Order, 1964:
Provided that -
( a ) any reference therein to an authority being the
authority by whom the instrument was made, and any
reference to a minister or other authority of the
Government of the United Kingdom, shall be
construed as a reference to the Minister;
( b ) any reference to the Governor shall be construed as a
reference to the Minister; and
( c ) whether or not the instrument could have been made
under this Act, shall have effect as if made under this
Act and may be varied or revoked accordingly.
(3) The instruments referred to in subarticle (2) are:
( a ) The Carriage by Air (Non-International Carriage)
(Colonies, Protectorates and Trust Territories) Order,
1953;
( b ) The Carriage by Air (Colonies, Protectorates and Trust
Territories) Order, 1953;
( c ) The Civil Aviation (Investigation of Accidents)
Regulations, 1956.
*The references, in subarticle (3), to the Air Navigation (General) Regulations, 1950,
the Air Navigation (Radio) Regulations, 1952, and the Colonial Air Navigation Order,
1961, have been omitted as the said enactments have been repealed by Legal Notice
176 of 1990.
