S.L. 623.11 · Construction Sites Insurance Obligations (S.L. 623.11)
S.L. 623.11 Art. 2Interpretation. Cap. 623. Cap. 403.
In these regulations, unless the context otherwise requires:
"Act" means the Building and Construction Authority
Act;
"Authority" means the Building and Construction Authority as established by article 5 of the Act;
"certificate of completion of the construction works" means the declaration of completion of works issued by the responsible of all structural works and other works perit including the roof, screed of roofs, terraces and yards, the closure of apertures and other works to render the building sealed against the ingress of water;
"Chief Executive Officer" shall have the same meaning as assigned to it in the Act;
"client" shall have the same meaning as assigned to it in the Act;
"contiguous property" means the immediately adjacent third party property to the construction site that may divide or otherwise, a dividing party wall with the construction site, whether on the side or back of the site, or overlying or underlying other third party property;
"construction" shall have the same meaning as assigned to it in the Act;
"construction site" means the site where construction works are executed and where the equipment and, or materials and works and services are delivered to, and where workers are executing their profession for the purpose of the project as approved. For the purpose of these regulations, construction site shall also include the site contiguous to the site where construction works are being carried out, and used for the purpose of temporary placing of buildings, moveable structures, works, plants or machinery required in connection with, and for the duration of the construction works;
"declaration of insurance cover" means a document which shall be issued by an authorised insurance undertaking and such document shall be submitted to the Chief Executive Officer within two (2) weeks prior to the commencement of any construction works:
Provided that this declaration shall serve only as a confirmation of the existence of insurance cover and the details of the terms and conditions on which the insurance has come into effect, shall be verified and ascertained only from the insurance contract;
"insurance contract" means a contractual agreement with an insurance undertaking authorised under the Insurance Business Act or a European insurance undertaking as defined in the same Act to cover the works inherent to the project as well as to cater for the protection and indemnity of any potential losses arising from the execution of the works as listed on the method statement to the project, in respect of liability arising to any third party including injury, death or property damage that may result from the works:
Provided that the insurance contract shall specify that it is subject to the Laws of Malta, and the Courts of Malta shall have jurisdiction to hear and decide any proceedings instituted relating to the insurance contract and any issue ancillary to the said insurance contract;
"responsible means the in charge of the perit" perit project and who assumes responsibility for the execution of the project in its entirety;
"works" shall have the same meaning as assigned to it in the Act.