S.L. 628.1 Art. 64Suspension of a permit. 

(1) The Authority shall have the power to suspend a permit and, or other approval granted, in terms of these regulations, if throughout the term of the permit:

(a) it considers that the requirements of any provision of the Act, these regulations, any applicable regulatory instruments or any binding instruments or any condition imposed by the Authority pursuant to the permit or approval, as the case may be, are not being fulfilled or complied with;

(b) the association is in breach of any of the provisions of the Act, these regulations, any applicable regulatory instruments or any binding instruments or any condition imposed by the Authority pursuant to the permit or approval;

(c) the association is found guilty of an offence against the Act or these regulations;

(d) if the Authority considers that an administrator or any person who assumes responsibility in relation to the Authority is no longer deemed to be fit and proper to carry out the functions required by him or if there is no person in office occupying a mandatory position within the association;

(e) in the reasonable opinion of the Authority, the certified premises no longer meet the requirements prescribed by the Authority in any binding instruments and, or has suspended or revoked the certificate of approval of the premises of the association;

(f) the association has failed or ceased to comply with an order issued by the Authority;

(g) the Authority has reason to believe that the association is in financial distress;

(h) the association is in breach of the laws or regulations at any time in force for the prevention of money laundering and financing of terrorism;

(i) if, in the reasonable opinion of the Authority, the association has failed to comply with its obligations towards its members;

(j) the association has ceased to comply with the eligibility criteria for authorisation or circumstances arise which, had they been present and known to the Authority at the time of issuance of the permit or authorisation, would have led the Authority not to issue such permit or authorisation;

(k) the association has failed to seek the prior approval of the Authority in relation to any material changes or where such prior approval is otherwise required in terms of any regulatory or binding instrument; ORGANISATIONS)

(l) the association has failed to pay in a timely manner any amounts due to the Authority; or

(m) the association has failed to pay in a timely manner any penalty imposed on it by a competent court for failure to observe the provisions of Article 7A of the Act or these regulations; or

(n) the Authority, in its sole discretion, has determined that there is material and sufficient reason for suspending the authorisation.

(2) Where a ground for suspension of the permit or approval in terms of sub-regulation (1) is deemed to exist following the conclusion of a formal investigation and the association has been given a period of time within which to contest the findings of the Authority in terms of regulation 58(6), the Authority shall give the association notice in writing of its decision to suspend the approval and, or permit setting out the reasons for its decision and giving such directions to the association, as the Authority may consider necessary.

(3) Where a ground for suspension of the permit or approval in terms of sub-regulation (1) is deemed to exist and the association has not been granted a period of time within which to contest the findings of the Authority in terms of regulation 58(6), the Authority shall notify the association in writing of its intention to suspend the permit or approval, setting out the reasons for the decision it proposes to take, as well as giving such directions to the association, as the Authority may consider necessary, and give the association a reasonable period within which to make representations in writing to the Authority explaining why the proposed suspension should not be made, and the Authority shall consider any representation so made before notifying it of its final decision:

Provided that, notwithstanding anything provided in this regulation and any other provision in any regulatory instrument or any other law, the Authority shall have the right to suspend a permit with immediate effect, by written notice to the association and without giving the association time to show cause why the permit should not be suspended, where it determines that there exist exceptional grounds for doing so, including but not limited to:

(a) when the Authority becomes aware that the authorisation was obtained by one or more materially false or misleading representations or in some other improper way; or

(b) when the association presents an imminent threat to the reputation of Malta; or

(c) when the association presents an imminent threat or serious prejudice to the interests of the members of the association or to public or national interest.

(4) A suspension in terms of sub-regulation (1) may be lifted by the Authority when it is satisfied that the matter which led to the suspension has been rectified and in such circumstances the Authority shall communicate the matter in writing to the association together with any conditions it may deem fit.

(5) The Authority may by means of binding instruments regulate further the process and procedures to be followed by an association in the circumstances listed in this regulation.