Cap. 261 Art. 27Power of the Minister to make regulations.

(1) The Minister may, after consultation with the Authority, make regulations:

(a) in respect of any of the functions of the Authority and in connection with the matter relating to its proper function;

(b) to establish fees for the provision of any service or any management of a service by the Authority or by any person on its behalf or under its authority, including without prejudice to the generality of the foregoing, any fees or other charges for any service in connection with the regulation of any activity by the Authority;

(c) for the making of any deposit or the giving of any guarantee to ensure the performance of any obligation by any person imposed as a condition of any permit, authorisation or licence under this Act;

(d) for the powers and duties of officers, employees and, person of such place or building;

(f) to regulate, declare and define the properties over which the Authority has a valid title of ownership or property over which it has any other legally valid right;

(g) to regulate the use of the property of the Authority or property over which it has a right, whether movable or immovable;

(h) to prescribe what type of information held by the Authority shall be accessible to the public, as well as to establish the procedure concerning access thereto and the relative fees to be paid to obtain copies of such information;

(i) to exclude the Authority from any liability, other than liability for gross negligence, incurred in connection with the execution of its duties under the said regulations;

(j) to provide and prescribe Schedules to this Act;

(k) to provide for the amendment, the substitution or the addition or the alteration of anything contained in the Schedules to this Act;

(l) to prescribe anything that may or is to be prescribed under this Act or which relates to any function or duty of the Authority assigned to it by or under this Act, or by or under any other law.

(2) Any power conferred by this Act to make regulations or Schedules includes the power to, from time to time, revoke, substitute, amend, alter or add to any regulations or Schedules as aforesaid.

(3) Regulations or orders made in accordance with this article may, for the purpose of the proper implementation and enforcement thereof, provide for the granting of the power to the Authority to enter and search any premises, to have access to any relevant document in any form, to request any person to provide any relevant information, to carry an on-site inspection, to issue an order to any person to cease from doing anything which constitutes an infringement of this Act or of any regulation or order made thereunder and to demand from any person an undertaking to desist from doing any such thing and to publish such undertaking and any decision of the Authority related to the said regulations.

(4) The Minister may also make regulations providing for the discipline of the employees of the Authority or of the contractor, whether regular or casual, and the procedures to be followed for such purpose, including the appointment of a disciplinary board and the the purposes of carrying out their functions under this Act, the Board and such officer, employee or committee or any other person as may be authorised by the Board or the Chairman for this purpose, and if so required by the Board with the assistance of the Executive Police, shall have:

(a) the right to enter any premises, public or private, at all reasonable times, and in the case of a residential accommodation after giving reasonable notice of at least twenty-four (24) hours and not before seven o’clock in the morning (7:00am) or later than seven o’clock in the evening (7:00pm), to inspect or survey any land, or to take any photographs after entering or request any legitimate information from any such occupier of such premises or to carry out any other urgent structural repairs or any maintenance or urgent works on the property in accordance with the provisions of article 4(1)(e) and (3)(a) of the Act: Provided that in the case that the occupant of the property has not, for any reason whatsoever, received the notice contemplated in this article, the Authority shall attempt to notify the closest family members of the occupant if these are known to the Authority, or in the case that the Authority is informed that the occupant is a resident of an institution it shall also attempt to serve the notice to the occupant or those charged with his care in this institution, as the case may be:

Provided further that in the case where the urgent maintenance or works contemplated in the preceding sub-article were caused solely by the negligence and, or default from the obligations of the tenant of the property in question, the Authority shall have the right to recover the expenses related to these works by means of the procedures contemplated in article 30; and

(b) the right to do anything that is ancillary or consequential thereto.

(2) Any person authorised pursuant to sub-article (1) shall produce a means of identification issued by the Authority before entering the premises concerned.