Legal Notice 115 of 2020 Declaration of a Public Health Emergency Order, 2020 – 01.04.2020

In Malta a public health emergency was declared as from 7^th March 2020 following the COVID-19 pandemic. This declaration will have a number of consequences:

In terms of the Public Health Act, the Superintendent is now authorised take appropriate action to reduce or eliminate a threat to public health, which includes:

• segregating or isolating or evacuating any person in any area or preventing access to a particular area;
• controlling the movement of any vehicle;
• ordering any person to undergo a medical examination
• ordering any subject or object to be seized or destroyed

Further powers which have now been given to the Superintendent include the power to authorised any person to enter any place even by using force in order to save human life, prevent injury to any person or rescue any injured or endangered person and to close any area or premises , body of water or vehicles, and even to remove any person who fails to comply by using reasonable force

Any person who suffers loss or damages as a consequence of these actions may apply to the Superintendent for reasonable compensation.

Every person is also in duty bound to inform the Superintendent if he or she becomes aware of any situation which may be reasonably deemed to constitute a public health risk or a potential public risk. Failure to comply with this obligation. Failure to report constitutes an offence in terms of the Public Health Act.

Further  powers of the Superintendent following the declaration of a public health emergency include:

• An order either prohibiting the importation, manufacture, sale, use, storage, transport or handling of any item or the manner in which an item must be dealt with. The contravention of this order constitutes an offence
• A requirement to treat, remove, recall, dispose of or destroy any article which can cause a threat to public health
• A requirement that any person in control of any premises, area, vehicle or object to clean, disinfect or disinfest it, if it may cause a threat to public health

These last two requirements are to be carried out by the person having control of the item or premises at his or her sole expense and failure to comply with this  direction will entitle the Superintendent to carry out the measures at the expense of that person.

Other offences which have come into effect as a consequence of the declaration of a public health emergency are the following:

• The assault, abuse, harassment or threat of an authorised or nominated officer or a police officer exercising a function under the Public Health Act or the hindering or obstruction or delay in the performance of a power.

• The failure to comply with a requirement of an authorised or nominated officer or a police officer
• The removal or interference with any seal or mark, sample, or the removal of any object or document or a sample made or taken by an authorised or nominated officer or police officer or

• The removal or interference with any object or document seized by any authorised or nominated officer or police officer.

• The contamination of any sample taken by an authorised or nominated officer or police officer.

A person found guilty of any of these offences is liable, on conviction, as follows:

• First offence – a fine of not less than €232.94 and not exceeding €4658.75 or to imprisonment for a term of not less than 6 months and not exceeding 2 years
• Second and subsequent offence – a fine of not less than €465.87 and not exceeding €11,646.87 or to imprisonment of not less than 2 years and not exceeding 4 years

However, in both cases, a person can be both liable to a fine and a term of imprisonment

https://legislation.mt/eli/ln/2020/115/eng/pdf