                         EMERGENCY POWERS  ġ CAP. 178.      1
CHAPTER 178 
EMERGENCY POWERS ACT
To make provision for the security of Malta during periods of public
emergency.
(2nd March, 1963) *
Enacted by ACT VIII of 1963, as amended by Legal Notice 46 of 1965
and Act LVIII of 1974.
Short title.
 PART I 
GENERAL
Interpretation.
"law" includes any Act or Ordinance and any subsidiary
legislation made thereunder but does not include the Constitution
of Malta; 
"Malta" has the same meaning as is assigned to it by section 124
of the Constitution of Malta.
Declaration of 
public emergency. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68.
3. (1) If the President of Malta, acting in accordance with the
advice of the Prime Minister, is satisfied that a public emergency
exists, he may by Proclamation declare that the provisions of Part II
of this Act shall come into operation, and thereupon those
provisions shall come into operation accordingly; and they shall
continue in operation until the President of Malta, acting in
accordance with the advice of the Prime Minister, by a further
Proclamation directs that they shall cease to have effect,
whereupon they shall cease to have effect except as respects things
previously done or omitted to be done.
(2) A Proclamation made under subsection (1) may be made so
as to apply only to such part or parts of Malta as may be specified
in the Proclamation (in this subsection called "the emergency
area") in which case regulations made under the said Part II shall,
except as otherwise expressly provided in such regulations, have
effect only in the emergency area.
(3) Whenever a Proclamation is made under subsection (1), the
occasion therefor shall be communicated to the House of
Representatives -
( a ) in the case of a Proclamation made when the House of
Representatives is in session, within a period of seven
days, and
* See  Government Notice No. 76 of the 2nd of March, 1963.
  2        CAP. 178. ħ               EMERGENCY POWERS 
( b ) in any other case, as soon as practicable. 
PART II
REGULATIONS
Regulations. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68.
 4. (1) The President of Malta, acting in accordance with the
advice of the Prime Minister, may, subject to the provisions of the
Constitution of Malta, make such regulations as appear to him
acting as aforesaid to be necessary or expedient for securing the
public safety, the defence of Malta, the maintenance of public order
and the suppression of mutiny, rebellion and riot, and for
maintaining supplies and services essential to the life of the
community.
(2) Without prejudice to the generality of the powers conferred
by subsection (1), the regulations may, so far as appears to the
President of Malta acting as aforesaid to be necessary or expedient
for any of the purposes mentioned in that subsection - 
( a ) make provision for the detention of persons; 
( b )   authorize - 
(i) the taking of possession or control on behalf of
the Government of any property or undertaking;
(ii) the acquisition on behalf of the Government of
any property other than land;
( c ) authorize the entering and search of any premises;
( d ) provide for amending any law, for suspending the
operation of any law, and for applying any law with or
without modification;
( e ) provide for charging, in respect of the grant or issue of
any licence, permit, certificate or other document for
the purposes of the regulations, such fee as may be
prescribed by or under the regulations;
( f ) provide for payment of compensation and
remuneration to persons affected by the regulations;
( g ) provide for the apprehension, trial and punishment of
persons offending against the regulations;
( h ) provide for maintaining such supplies and services as
are, in the opinion of the President of Malta acting as
aforesaid, essential to the life of the community:
  Provided that nothing in this section shall authorize the making
of provision for the trial of persons by military courts:
  And provided further that nothing in this section shall be
construed to authorize the making of any regulation -
(i) making provision for the deportation or
exclusion of persons from Malta, and
                         EMERGENCY POWERS  ġ CAP. 178.      3
(ii) providing for the infliction of the punishment of
death.
(3) The payment of any compensation or remuneration under
the provisions of such regulations shall be a charge upon the
Consolidated Fund.
Orders and rules 
under the 
regulations. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68.
5. Regulations made under section 4 may provide for
empowering such authorities or persons as may be specified in the
regulations to make orders and rules for any of the purposes for
which the regulations are authorized by this Act to be made, and
may contain such incidental and supplementary provisions as
appear to the President of Malta acting as aforesaid to be necessary
or expedient for the purposes of the regulations.
Regulations, orders 
and rules to be 
approved by the 
House of 
Representatives. 
Amended by: 
L.N. 46 of 1965.
6. (1) Every regulation made under section 4 and every order
or rule made in pursuance of such a regulation shall, without
prejudice to anything done or omitted to be done thereunder, cease
to have effect at the expiration of a period of two months from the
date upon which it came into operation unless, before the
expiration of that period, it has been approved by resolution passed
by the House of Representatives.
(2) Any such regulation, order or rule may, without prejudice
to anything done or omitted to be done thereunder, at any time be
amended or revoked by resolutions passed by the House of
Representatives.
Inconsistency.
rule made in pursuance of such a regulation shall have effect
notwithstanding anything inconsistent therewith contained in any
law; and any provision of a law which is inconsistent with any such
regulation, order or rule shall, whether that provision has or has not
been amended, modified or suspended in its operation under this
Act, to the extent of such inconsistency have no effect so long as
such regulation, order or rule remains in force.
Presumption of 
authenticity. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68.
8. Every document purporting to be an instrument made or
issued by the President of Malta or other authority or person in
pursuance of this Act, or of any regulation made under section 4,
and to be signed by or on behalf of the President of Malta or such
other authority or person, shall be received in evidence, and shall,
until the contrary is proved, be deemed to be an instrument made or
issued by the President of Malta or that authority or person.
