Cap. 588 Art. 27Transfer of functions and powers to the Agency.     Cap. 363.    Cap. 363.

(1) The Minister shall by order in the Gazette, bring into effect articles 5, 6 and Part III of this Act and thereby automatically transfer such functions and powers set out in articles 5 and 6 which are currently vested in the Authority for Transport in Malta to the Agency in accordance with the provisions of this Act. As of the date upon which the functions or powers so transferred from the Authority for Transport in Malta to the Agency become effective, the Authority for Transport in Malta shall have no further liability or responsibility for the discharge or carrying out of such functions or powers.

(2) The Minister shall, by order in the Gazette and after articles 5 and 6 and Part IV of this Act become effective, transfer to the

Agency such functions and powers with respect to roads which are vested in local councils under the Local Government Act, in accordance with the provisions of this Act. The Minister may affect such transfer in either one or a series of schemes with respect to such roads as are to be set out in the order in the Gazette, and in such manner as the Minister considers most appropriate and expedient for the better attainment of the objectives of this Act:

Provided that until such time as the responsibility for a road is transferred to the Agency in accordance with the provisions of this article, the responsibility for that road shall remain with the local council vested with that responsibility in accordance with applicable legislation.

(3) The Minister may, from time to time by legal notice, re-transfer certain functions and powers for the maintenance and upkeep of local roads to local councils if it appears to the Minister that such re-transfer of those functions and powers is appropriate or expedient for the better maintenance and upkeep of those local roads:

Provided that where a road is classified as a local road in accordance with applicable legislation and is to any extent the responsibility of a local council in terms of the Local Government Act, the responsibility for such local road shall not, to the extent of such responsibility, be the function of the respective local council upon the transfer thereof by the Agency, until such date as the Minister so prescribes pursuant to a legal notice re-transferring such responsibilities under this Act.