No. 898

ACTING PRIME MINISTER

IT is notified for general information that acting on the advice of the Prime Minister, the President of Malta has directed that the Hon. Owen Bonnici, BA, LLD, MP, Minister for the National Heritage, the Arts and Local Government, assumes the additional duties of Prime Minister on Tuesday, 16th July, 2024, during the absence from Malta of the Hon. Robert Abela KUOM, BA, LLD, Adv. Trib. Melit, MP.

15th July, 2024

No. 899 

PUBLICATION OF ACT IN SUPPLEMENT 

IT is notified for general information that the following Act is published in the Supplement to this Gazette:

Act No. XXVI of 2024 entitled the Lepers Ordinance and the Lepers Regulations (Repeal) Act, 2024.

16th July, 2024 

​No. 900 

LEGAL NOTICES PUBLISHED IN THE SUPPLEMENTTO THE GOVERNMENT GAZETTE

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 21,284 of 12th July, 2024 (Legal Notices 156 to 157) respectively.

L.N. 156 of 2024: Land Registration Act (Cap. 296); Land Registration (Amendment) Rules, 2024

L.N. 157 of 2024: Malta College of Arts, Science, and Technology Act, 2023 (Act No. XXXII of 2023)(Cap. 638); Commencement Notice

16th July, 2024

No. 901 

OFFICE OF THE PRIME MINISTER 

The Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act –

Explanatory Notes

In terms of Chapter 512 of the Laws of Malta

Introduction

The title of this Act is the Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act, 2024. This Act has been prepared by the Office of the Prime Minister, and targets both public and private sectors in Malta.

Summary and Background

The Gender Identity, Gender Expression, and Sex Characteristics Act (Chapter 540 of the Laws of Malta), hereinafter referred to as the “principal Act", enshrined the right to legal gender recognition based on self-determination and bodily integrity for all Maltese citizens.

Maltese citizens have the right to change their registered gender, and their name, by means of a declaratory public deed and to request the Director of Public Registry to have such change reflected in all official acts of civil status.

In addition, persons exercising parental authority over, or tutors of, persons under the age of sixteen (16) years, may apply before the Civil Court (Voluntary Jurisdiction Section) requesting the Court to change the recorded gender and first name of the minor to reflect the minor's gender identity. Persons granted international protection may also have their self-determined gender identity recognised and reflected in their asylum application form and protection certificate.

Moreover, in 2017, by virtue of a Cabinet Decision, the “X" Marker had been introduced as an alternative gender marker to the “M" or “F" on both the Identity Card and Passport, serving as a non-disclosure of the legal gender marker listed on one's birth certificate, which remained “M" or “F" .

Nonetheless, presently, the principal Act only recognises the male and female genders. Consequently, it was deemed necessary that the current Act is amended to also incorporate non-binary gender identities.

As a result, the main objective of this Act is to provide for the legal recognition of non-binary genders, so individuals are free to be identified on all their official documents in accordance with their lived gender.

Additionally, other amendments are also being included to:

- strengthen the current Act by ensuring that all provisions are clear and unambiguous; and

- simplify the process of adapting all acts of civil status to align them with the amended birth certificate.

Consultations

Internal and external consultation meetings between the Human Rights Directorate and the Public Registry Office within the Agency Identità, the Notarial Council, LGBTIQ+ NGOs and non-binary individuals were held throughout the research and drafting stages.

Overview of the Structure of the Instrument.

The Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act 2024, hereinafter referred to as the “amending Act", is composed of three (3) parts. The first part provides for the amendments to the principal Act, the second part provides for a consequential amendment to the Civil Code (Chapter 16 of the Laws of Malta) and the third part provides for a consequential amendment to the Interpretation Act (Chapter 249 of the Laws of Malta).

Commentary on the Operative Parts of the Amending Act

Amendment of article 2 of the principal Act

The aim of this amendment is to add the following two (2) new definitions to the principal Act:

“acts of civil status" refers to acts of birth, acts of marriage, acts of civil union, certificates of cohabitation and acts of death, as the case may be.

“non-binary gender" refers to all gender identities other than male or female.

The introduction of the first definition is intended to clarify to which documents the principal Act refers. The second definition was introduced to clarify that “non-binary gender" is not a sole gender identity in itself but rather a spectrum that includes all gender identities that do not conform to the traditional binary of male or female, in line with ILGA Europe's definition.

Addition of article 2A to the principal Act

Article 2A clarifies that persons who have reached the age of sixteen (16) years, but who have not yet reached the age of eighteen (18) years, are to be considered as of age. Therefore, such persons can avail of the provisions of the principal Act without requiring the consent or action of the parents and, or tutor.

This new article also clarifies that notwithstanding this, the rights and interests of children enunciated in the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20th November 1989 will still apply for such individuals.

Amendment of article 4 of the principal Act

The main reason behind the amendment to article 4 of the principal Act is to provide for the right of all Maltese citizens to change the recorded gender to a non-binary gender marker, which gender is to be marked in any act or document with the letter “X".

Moreover, the amendment seeks to clarify that a person may only request to change their name through the procedure provided for under the Act, if together with that request that person also requests to change the recorded gender. Therefore, one cannot use the notary procedure found in the principal Act to change their name only.

Amendment of article 5 of the principal Act

Article 5(1) of the principal Act provides for the elements that the declaratory public deed as drawn up by the Notary shall contain. Together with the already existing elements, the amending Act (Article 7(b)) adds another element, that is; a declaration of the acts of civil status of the applicant, as well as any other act of civil status wherein the applicant appears, with the progressive number and year of each one (1).

This amendment is necessary because by virtue of these amendments the Director of the Public Registry shall, within fifteen (15) days from the filing of the note of enrolment by the Notary in terms of article 5 amend the acts of civil status which would have been declared in terms of this new paragraph. Moreover, through this amendment even acts upon which the applicant appears will be amended. This ensures that acts of civil status of third parties upon which the applicant appears also contain accurate information.

Amendment of article 7 of the principal Act

Article 7 of the principal Act provides for those instances where persons exercising parental authority over, or tutors of, persons under the age of sixteen (16) years, may apply before the Civil Court (Voluntary Jurisdiction Section) requesting the Court to change the recorded gender marker and first name of the minor to reflect the minor's gender identity.

Sub-article (2) of the same article provides that in these instances the Court must ensure that the best interests of the child are given paramount consideration. The amendments to article 7(2) provide for the addition of  new proviso, which stipulates that in these instances the Court “shall ensure that any process, service or assessment that can be used to evaluate the requisites of this sub-article shall respect the rights provided under article 3 and the provisions of the Affirmation of Sexual Orientation, Gender Identity and Gender Expression Act, so however that the Court shall also give due consideration to any process, service or evaluation that the minor had already gone through, and where possible, not subject the minor to additional processes.".

The aim of this addition is to ensure that when carrying out the best interests of the child assessment under article 7, any process that is required by the Court is one which safeguards the rights of individuals to recognition of gender identity, the free development of their gender identity, to be treated according to their gender identity and bodily integrity and physical autonomy. Such procedures should also not be intended to change, repress and, or eliminate a person's sexual orientation, gender identity and, or gender expression, as provided in the Affirmation of Sexual Orientation, Gender Identity and Gender Expression Act (Chapter 567 of the Laws of Malta). Moreover, the Court should not subject minors to any unnecessary repeated processes, which may create unnecessary burdens on applicants and negatively impact their well-being.

An amendment is also being proposed to sub-article (4) of the principal Act. This sub-article provides the procedure to be followed when a child's gender has not been declared at birth. Currently the principal Act provides that in these instances the persons exercising parental authority over the minor or the tutor of the minor shall before the minor attains the age of eighteen (18), file an application in the registry of the Civil Court (Voluntary Jurisdiction Section) to declare the gender and the first name of the minor if the minor wants to change the first name.

The amendment to this sub-article amends the current wording and provides that persons exercising parental authority over the minor or the tutor of the minor may before the minor attains the age of sixteen (16) institute proceeding to declare the gender and the first name of the minor. The amendment also specifies that if the latter process was not instituted by the legal guardians or tutor and the individual whose gender is not yet declared reaches the age of sixteen (16) years, that person is legally obliged to register their gender themselves through the notary procedure. 

Moreover, the amendment clarifies that a declaration of gender shall not be considered as a change in gender for the purposes of article 8(2) of the principal Act. Therefore, while the notary procedure can usually be used only once and subsequent amendments must be made through Court, a declaration of gender made through a notary will not hinder that person from making a subsequent request to change their legal gender marker through a notary.

Amendment of article 8 of the principal Act

Article 8 of the principal Act provides for amendments to the Act of Birth. The amendments to this article seek to:

a) make the full act of birth accessible to persons who have attained the age of sixteen (16) years and to whom that act of birth relates;

b) clarify that an amendment to the act of birth made when a person is still a minor (through article 7 of the Act), may be changed by the minor when he reaches the age of sixteen (16) years through a notary (through article 4 of the Act);

c) clarify that an amendment to the act of birth made by a person who has reached that age of sixteen (16), once completed, can only be modified again by a court order; and

d) to provide an exception to the rule to paragraph (c) above, by providing that those individuals who have had their registered gender changed before the enactment of the amending Act may within five (5) years from the coming into force of the amending Act make a new request to change the recorded gender to a non-binary gender. This is intended to facilitate the process for those persons who could not have opted for a non-binary gender identity in the past.

Amendment of article 9 of the principal Act

Article 9 deals with the recognition of foreign decisions. Through these amendments this article is being substituted to provide a more comprehensive procedure.

The amendments provide that the process for the recognition of a final decision about any person's gender identity, which has been determined by a competent foreign court or responsible authority shall be recognised in Malta by virtue of a public deed of recognition.

The public deed of recognition shall contain the following elements:

(a) a legal copy of the final decision, which is to be recognised, and when it is not in the Maltese or English language, it shall be translated to one (1) of these languages;

(b) a legal copy of a valid identification document issued by the country where the decision was determined;

(c) declaration of the acts of civil status of the applicant, registered in Malta, as well as any other act of civil status wherein the applicant appears, registered in Malta, with the progressive number and year of each one (1); and

(d) all the prescribed elements required in accordance with the Notarial Profession and Notarial Archives Act.

The new provisions provide for an ad hoc procedure for those instances where the final foreign decision is about a minor's gender identity. In this regard the process for recognition is to be made by means of an application filed in the registry of the Civil Court (Voluntary Jurisdiction Section) by the persons exercising parental authority over the minor or the tutor of the minor.

When the applicant has other acts of civil status in Malta, the procedure which applies to amending them will be similar to the procedure which applies in the case of a request by a Maltese citizen.

Amendment of article 9A of the principal Act

Article 9A of the principal Act deals with the recognition of gender identity in detention. This article is being amended to clarify that this article applies also to non-Maltese Citizens.

Moreover, the amendment to this article also provides that if a person in detention sends an affidavit confirming their lived gender and their intention to continue living according to such gender throughout the period of detention, to the relevant authority, the latter shall, after consulting with the individual concerned, make those adjustments and alteration, in order to provide reasonable accommodation for that individual. However, those adjustments and alteration are not to impose a disproportionate burden.

Amendment of article 10 of the principal Act

Article 10 of the principal Act deals with amendments to official documents other than the birth certificate.

Presently, individuals have a period one (1) month from the publication of the declaratory deed to indicate to the Director the acts of civil status which need to be amended. The amending Act changes this process whereby the requests to change the birth certificate and other acts of civil status will be merged into a single request. In this regard the amendment to article 10 provides that the Director for Public Registry shall, within fifteen (15) days from the filing of the note of enrolment by the Notary in terms of article 5, amend the acts of civil status which would have been declared in terms of article 5(1)(e).

Amendment of article 13 of the principal Act

Article 13 of the principal Act is being amended so all the private sector, all public sector and public service departments, agencies and all competent authorities that maintain personal records and, or collect gender information are required to ensure that their obligation to have their forms, records and or information are assessed and modified to reflect the new standards established by the principal Act applies also to non-binary gender identities. The amendment specifies that the private sector, all public sector and public service departments, agencies and all competent authorities shall abide by this obligation within a maximum period of one (1) year from the date of entry into force of the amending Act.

Consequential amendment to the Civil Code

Article 278 of the Civil Code is being amended to ensure that at birth, only the sex of female or male can be assigned with the option of opting for 'undeclared' which then must be modified by age of maturity, thus excluding the possibility of having a non-binary gender assigned at birth.

Consequential amendment to the Interpretation Act

Article 4 of the Interpretation Act is being amended to ensure that laws are not restricted to a binary gender interpretation of female and male.

Concluding Section

This legislation will come into force within two (2) months of its publication in the Gazette, because it does not fall under the exemptions of the Small Business Act (Chapter 512 of the Laws of Malta).

N.B. These Explanatory notes are not intended to be an exhaustive description of the instrument nor a substitute thereof or a legislative supplement to it. These Notes do not purport to be an authoritative ruling on the interpretation of the legislation, nor do they have any legal status.

16th July, 2024

No. 902 

LOCAL COUNCIL DEPUTY EXECUTIVE SECRETARY

IT is hereby notified for general information that the following person has been appointed Deputy Executive Secretary of that Local Council with effect from 8th July, 2024.

Local Council             Deputy Executive Secretary

Ħal Kirkop                              Maria Briffa Callus

16th July, 2024

No. 903 

LOCAL COUNCILS ACT (CAP. 363)

Acceptance of Position of Mayor of l-Iklin Local Council

It is hereby notified for general information that in terms of the Seventh Schedule of the Local Government Act, Dr Dorian Sciberras has accepted the position of Mayor for the locality of L-Iklin on the 3rd of July, 2024.

16th July, 2024

No. 904 

LOCAL COUNCILS ACT (CAP. 363) 

Acceptance of Position of Vice Mayor of l-Iklin Local Council

It is hereby notified for general information that in terms of the Seventh Schedule of the Local Government Act, Mrs Yvonne Bartolo has accepted the position of Vice Mayor for the locality of l-Iklin on the 3rd July, 2024.

16th July, 2024

No. 905 

AGENCY FOR INFRASTRUCTURE MALTA

Completion of Road Formation and Traffic and Parking Suspension

 In virtue of Article eighteen (18) of Legal Notice 291 of 2018, the Agency for Infrastructure Malta hereby gives official notice of its intention to complete the formation of:

Triq il-Qattus, Triq Giovanni Scicluna, Triq Pawlu Casssar, Ħal Għaxaq (indicated on site plan on page 22,612).

Pjazza Santa Marija, Vjal il-Labour and Triq Giomarija Farrugia, Ħal Għaxaq (indicated on site plan on page 22,613).

New Street in Triq San Silvestru, Mosta (indicated on site plan on page 22,614)

Any person who is obliged by law to form said road (including by acquiring land necessary for the same formation) has fifteen (15) days from the date of the publication of this notice within which to comply with his obligations at law. In default, the Agency for Infrastructure Malta shall itself proceed with the formation of this road in accordance with its powers at law and at the expense of those persons whose obligation it is to form the road.

The Agency for Infrastructure Malta notifies that between 16th July, 2024 and 31st December, 2024, it will be starting road works in Triq il-Qattus, Triq Giovanni Scicluna and Triq Pawlu Cassar, Ħal Għaxaq. Vehicular access and on-street parking in this road may be restricted during certain works. 'No parking' signs authorised by Transport Malta will be affixed on site before such parking restrictions come in force.

The Agency for Infrastructure Malta notifies that between 12th August, 2024 and 30th April, 2025, it will be starting road works in Pjazza Santa Marija, Vjal il-Labour u Triq Giomarija Farrugia, Ħal Għaxaq. Vehicular access and on-street parking in this road may be restricted during certain works. 'No parking' signs authorised by Transport Malta will be affixed on site before such parking restrictions come in force.

The Agency for Infrastructure Malta notifies that between 16th July, 2024 and 31st December, 2024, it will be starting road works in new street in Triq San Silvestru, Mosta. Vehicular access and on-street parking in this road may be restricted during certain works. 'No parking' signs authorised by Transport Malta will be affixed on site before such parking restrictions come in force.

Vehicles found in contravention to the order of this notice and to the related 'no parking' signs on site are liable to be towed.

Further assistance or information may be obtained by email to ([email protected]).

16th July, 2024

No. 906 

AGENCY FOR INFRASTRUCTURE MALTA

Completion of Road Formation and Traffic and Parking Suspension

In virtue of Article eighteen (18) of Legal Notice 291 of 2018, the Agency for Infrastructure Malta hereby gives official notice of its intention to complete the formation of:

Sqaq it-Torri, Birkirkara (indicated on site plan on page 22,615).

Any person who is obliged by law to form said road (including by acquiring land necessary for the same formation) has fifteen (15) days from the date of the publication of this notice within which to comply with his obligations at law. In default, the Agency for Infrastructure Malta shall itself proceed with the formation of this road in accordance with its powers at law and at the expense of those persons whose obligation it is to form the road.

The Agency for Infrastructure Malta notifies that between 19th July, 2024 and 29th March, 2025, it will be starting road works in Sqaq it-Torri, Birkirkara. Vehicular access and on-street parking in this road may be restricted during certain works. 'No parking' signs authorised by Transport Malta will be affixed on site before such parking restrictions come in force.

Vehicles found in contravention to the order of this notice and to the related 'no parking' signs on site are liable to be towed.

Further assistance or information may be obtained by email to ([email protected]).

16th July, 2024

Infrastructure charts Gaz 16.7.pdf

No. 907

DUTY ON DOCUMENTS AND TRANSFERS ACT (CAP. 364)

Notice in terms of Article 61(1)

In Terms of the proviso to article 61 (1) of the Duty on Documents and Transfers Act, the Commissioner for Tax and Customs hereby notifies the persons listed hereunder to call at the Capital Transfer Duty Department, 46 Triq il-Merkanti, Valletta, to collect the notices made on such persons

16th July, 2024

No. 908 

VALUE ADDED TAX ACT (CAP. 406) 

Notice in terms of Articles 58 and 73

In terms of the proviso to Article 58(3) and Article 73(2) of the Value Added Tax Act, the Commissioner for Tax and Customs is hereby notifying the person/s listed hereunder that a demand notice for payment of tax, penalties and interest as per Article 59 of Cap. 406 has been issued in their regard.

VAT Number               Tax Payer

 1863-6136                  Middlesea Yacht Charters Limited

1863-6136                   Hans Michael Engelbrecht

1868-1505                   Mariska Shipping Limited

1868-1505                   Christian Niels

1868-1505                   Integral Maritime Solutions (IMS) S.a'.rl.

1868-1505                   Navilux Management S.A.R.L

2500-3826                   Sarah Jane Mullins

2500-3826                   Prince Turki Bin Muqrin Bin Abdulaziz Al Saudi

1524-1805                   Eagle Services Ltd

1976-2902                   Rainbow Maritime

1976-2902                   Miltiadis Michail Vanger

1976-2902                   Lysandros Georgios Tziloglou Tzilidis

2270-2932                   Europa Fin Tech Ltd

2270-2932                   Ravindhar Vadapalli

2231-4714                   Muharem Serdarevic

2231-4714                   Nedim Serdarevic

2540-5513                   Wono Limited

2540-5513                   Aleksandr Esaulov

2319-7224                   Mohan Dass Saini

2319-7224                   Saji Unnikrishnan

1564-6323                   Entertainments Ltd

1564-6323                   Mark Grima

1564-6323                   Simon Grima

1573-8035                   Infratec Pro Limited

1573-8035                   Karlheinz Knapp

2412-2727                   Luis Javier Vega

2412-2727                   William Barney Westbrook 

Unless payment is affected within 30 days from the date of this notice the Commissioner for Tax and Customs will proceed to enforce payment in terms of law. 

Copies of said notices may be collected from the Collection Section, MTCA, Blk 5, Floriana.

16th July, 2024

No. 909 

GOLDSMITHS AND SILVERSMITHS ACT (CAP. 46)

THE Commissioner of Inland Revenue notifies that, on the date shown hereunder, the price of gold and silver on which valuations made by the Consul for Goldsmiths and Silversmiths are based has been fixed for the purposes of article 14 of the said Act as follows:

                                    Date                              Pure Gold                    Pure Silver

                                                                             Grams                           Grams

                                16.7.2024                            €70.949                          €0.909

16th July, 2024

No. 910 

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT (CAP. 55) 

Report Number: 187/2024 

By Decree of the 11th July, 2024, the Court of Revision of Notarial Acts, ordered the suspension with immediate effect of the partial incapacitation of Notary Doctor Patrick Critien from the exercise of the notarial profession ordered by the Decree of the 6th June, 2024, as it now appears that the same Notary Patrick Critien has now complied with the Law and the Order of this Court.

ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

Today 11th July, 2024 

No. 911

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT (CAP. 55) 

Report Number: 188/2024 

By Decree of the 11th July, 2024, the Court of Revision of Notarial Acts, ordered the suspension with immediate effect of the partial incapacitation of Notary Doctor Patrick Critien from the exercise of the notarial profession ordered by the Decree of the 6th June, 2024, as it now appears that the same Notary Patrick Critien has now complied with the Law and the Order of this Court.

​ADRIAN MICALLEF

Deputy Registrar, Court of Revision of Notarial Acts

Today 11th July, 2024 

​