22nd October 2020

Author: Mattea Pullicino, Associate

By virtue of Legal Notice 402 of 2020, Maltese law now requires individuals to wear face coverings at all times, whether indoors or outdoors except when inside private homes and private vehicles. Such legal requirement also extends to all places of work.

The law also delineates that face coverings must always be worn in the appropriate manner, that is covering the nose, mouth and chin.

The only individuals exempt from this requirement are children below the age of three (3) and persons with severe cognitive, physical, mental or respiratory impairments who have difficulties tolerating a mask as certified by a licensed medical practitioner. Individuals who have been so certified are obliged to carry the relevant certification at all times.

Furthermore, the temporary removal of such face covering shall only be permitted in the following situations:

(a)  in the case of children attending kindergarten, while in the classroom;

(b)  during high intensity physical activity;

(c)  when speaking or providing assistance to any individual who relies on lip  reading  to communicate;

(d)  during official public speaking provided that a physical distance of at least two (2) meters between individuals is maintained. (This does not include the delivery of lessons or lectures in schools, universities or other educational establishments);

(e)  if requested to do so for  identification purposes,  including  at  banks,  at  the  airport  or seaport or by law enforcement officials;

(f)  to receive any  medical  or  cosmetic treatment or service involving the face or mouth;

(g)  to take medication; or

(h)  when seated at establishments where food and drink is served.

Whosoever fails to adhere to such legal requirement shall be guilty of an offence and shall be liable, on conviction, to a penalty of €100 for every instance when such requirement is breached. Should the breach of law be admitted, the penalty is to be reduced to €50.

How can we help?

Should you require any further information or assistance on the matter, please do not hesitate to reach out to us personally on paul.gonzi@fenlex.com and mattea.pullicino@fenlex.com.

©Fenech & Fenech Advocates 2020

Disclaimer │ The information provided on this Update does not, and is not intended to, constitute legal advice. All information, content, and materials available are for general informational purposes only.  This Update may not constitute the most up-to-date legal or other information and you are advised to seek updated advice.