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Cap. 261 · cap/261 (Cap. 261)

Cap. 261 Art. 4Functions of the Authority.

In KraftAmtlicher Text

(1) It shall be the function of the Authority to develop, to promote and finance the development of, and to administer, housing estates and other residential and commercial accommo-

dation and related facilities and amenities, to promote and finance home ownership and generally to improve housing conditions in

Malta.

(2) Subject to the provisions of this Act and without prejudice to the generality of subarticle (1), the Authority may:

(a) acquire, hold, purchase, administer and in any manner dispose of, any property both movable and immovable: accordance with the provisions of the Disposal of

Government Land Act which shall for the purposes of this proviso apply mutatis mutandis to the Authority;

(b) develop, or cause the development of, any land for residential and commercial purposes and for purposes connected therewith or ancillary thereto;

(c) construct, or cause the construction of, any property for residential and, or commercial purposes and for purposes connected therewith or ancillary thereto;

(d) provide, manage, administer and revise schemes related to housing;

(e) administer, maintain, upkeep, carry out structural repairs of residential and commercial accommodation and general repairs of common areas of properties owned or administered by it and related facilities and amenities;

(f) develop and embellish areas surrounding properties owned or administered by it, including public areas, gardens, recreational facilities and open spaces;

(g) carry out urban regeneration and landscaping;

(h) carry out evictions and inspections in accordance with article 29, and enforce its rights at law or in terms of the schemes administered by the Authority, or its contractual rights emanating from its lease agreements with third party beneficiaries of its schemes in all cases related to property owned or administered by it;

(i) collect rent, ground rent or other annuities or arrears from all properties owned or administered by it;

(j) assume all the powers, rights and obligations vested in the Director of Social Housing emanating from the Housing Act or any other law;

(k) finance the acquisition and the development of any land, whether such acquisition or development is to be made by the Authority or by others, including individuals;

(l) make any form of investment and, or administer any moneys received from public entities as it deems proper and expedient according to its functions;

(m) make such payments, whether by way of subsidy or otherwise which it may deem appropriate for any of the purposes aforesaid and for any other purpose related to its functions;

(n) act by agreement with the Government as agent for implementing, or in furtherance of, the policy of the Government with respect to housing, including any

(p) allocate properties owned by it or administered by it and limitedly transfer those properties owned by it to persons, both natural and legal, according to the circumstances, who qualify to benefit from the active schemes of social accommodation as published, managed, administered and reviewed by the Authority from time to time.

(q) recognize any physical and, or legal person as a tenant within a property owned by it or administered by it;

(r) allocate properties owned by it or administered by it and limitedly transfer those properties owned by it to foundations, associations, voluntary organisations or other juridical persons recognised as such by the Commissioner for Voluntary Organisations, which qualify as beneficiaries under active schemes of specialised accommodation as published, managed, administered or reviewed by the Authority from time to time;

(s) generally do all such things as may be incidental or conducive to any of its functions or to the exercise of any of its powers.

(3) The following provisions shall have effect with respect to the functions and powers of the Authority:

(a) where the function or power involves the development of land by the erection or construction thereon, or the carrying out of any structural repairs or the maintenance of any buildings or other works, the Authority may carry out such functions directly or by means of a grant of contract of works;

(b) any other function or power of the Authority may, with the approval of the Minister, and shall, if the Minister so directs, be performed or exercised through the agency of a department of Government or of any other body or person;

(c) the performance or exercise of any function or power of the Authority as provided in this subarticle shall be made under arrangements agreed between the Authority and its agent and in accordance with such directions as the Authority may from time to time give to its agent.

(4) Notwithstanding any other law, where any function or power of the Authority is performed or exercised through an agent as provided in subarticle (3), all judicial actions, acts and proceedings arising from or relating to any matter in respect of which an agent acts for and on behalf of the Authority shall be taken or made by or against such agent in the name of the Authority. body or authority, and under such terms and conditions as the Minister, after consultation as aforesaid, may in writing approve.

(6) The Minister responsible for finance may, after consultation with the Minister, make advances to the Authority of such sums as he may agree to be required by the Authority for carrying out any of its functions under this Act, and may make such advances on such terms and conditions as he may, after consultation as aforesaid, deem appropriate. Any such advance may be made by the Minister responsible for finance out of the Consolidated Fund, and without further appropriation other than this Act, by warrant under his hand authorising the Accountant General to make such advance.

(7) The Authority may, with the consent of the Minister, take part in the formation of a company, foundation, association or any other legal body which is recognised in accordance with the provisions of the Second Schedule to the Civil Code, or enter into joint ventures or partnerships for the purpose of fulfilling any of its functions.

Änderungsgeschichte
  • Amended by X.2023.2