Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 455 · Sports Act (Cap. 455)

Cap. 455 Art. 18Management of sport facilities.

PART IV

In KraftAmtlicher Text

(1) SportMalta shall consistently with the aims and objectives of this Act and in accordance with the provisions of this

Act and any regulations as may be prescribed, have the power to manage and administer sport facilities.

(2) SportMalta may with the authority in writing of the Minister, in concurrence with the Minister responsible for land, enter, by public deed, into a contract with any local council and registered person whereby designated property may be granted for a term not exceeding five years to such local council and registered person under a title of lease or other personal title, including that of management, administration or custody, for a consideration payable to SportMalta in accordance with the provisions of this Act and of such regulations as may from time to time be prescribed and subject to such local council or conditions not inconsistent therewith as may be contained in the deed, provided that such conditions shall include the prohibition of sub-letting of the designated property and of assignment of rights by the local council and registered person, as the case may be.

(3) For the purpose of enjoying, administering and managing any of the sport facilities and designated property SportMalta may delegate any of its powers to one or more management committees set up for the purpose. Such committees shall observe such policies and directives as SportMalta may from time to time determine and shall be accountable to SportMalta. Such management committees are vested with a separate distinct legal personality.

(4) The management committees mentioned in sub-article (3) shall be established by the Minister after consultation with SportMalta, with such functions and powers as the Minister may in his discretion determine. Such management committees shall be composed of such persons as the Minister shall deem fit and such persons shall hold office for such period and on such terms and conditions as the Minister may deem appropriate. The Minister shall also designate any member of such committees to act as chairperson thereof.

(5) The management committees shall keep a record of all their proceedings and shall forward copies of such records to SportMalta.

(6) The provisions of article 4(6) to (10) shall apply mutatis mutandis to the management committees.

(7) SportMalta may, for the purpose of providing or ensuring the provision of services that are complimentary with the use of sport facilities, grant to third parties for a term nor exceeding five years the operation and management of particular areas within such sport facilities after a call for tenders for specified purposes.

(8) Any contract and agreement entered into by SportMalta in accordance with the provisions of this article shall, for the purposes of the Disposal of Government Land Act, be deemed to be a disposal made in accordance with the provisions of such Act. The Minister shall, however, within four weeks after the publication of such deed as is referred to in sub-article (2), or if the House of Representatives is not then in session, within four weeks of the date when the House next meets, lay a copy thereof on the Table of the House, and the deed shall only be valid and binding if, after that a copy thereof has been laid before the Table of the House of Representatives, the House does not, within the period of twenty-eight days after that copy has been so laid, resolve that the agreement or deed of disposal be rescinded.

(9) Any property subject to a deed referred to in sub-article (2) shall not by virtue thereof be transferred to the registered person or local council with whom it is entered.

(10) Not later than six weeks after the lapse of three years from the date of a deed referred to in sub-article (2) and subsequently every three years the registered person with whom such deed is entered shall transmit to SportMalta a report of its activities in relation to the property that is object of the deed and on the way that such property has been utilised.

(11) The Minister may, on the advice of SportMalta, make regulations, not inconsistent with the provisions of this Act:

(a) regulating, restricting or prohibiting entry onto or into any sport facilities owned by, or under the control of, SportMalta, regulating the conduct of persons on or in any such land or building, and providing for the removal of persons from such land or building;

(b) regulating, restricting or prohibiting admission to and behaviour in, any sport facilities, as well as the right of search by the Police of any person gaining admission to, while inside or while leaving any sport facility;

(c) regulating the standards of maintenance, management, safety, level of service and operations of sport facilities including the prohibition of the use of sport facilities that do not meet the prescribed standards and levels;

(d) generally prescribing rules to regulate the deeds referred to in sub-articles (2) and (7).