ACT No. I of 2005 AN ACT to amend the Local Councils Act, Cap. 363.

I assent.

(L.S.)

E DWARD F ENECH A DAMI

President

18th February, 2005

ACT No. I of 2005

AN ACT to amend the Local Councils Act, Cap. 363.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives in this present Parliament

assembled, and by the authority of the same, as follows>-

(1) This Act may be cited as the Local Councils

(Amendment) Act, 2005 and it shall be read and construed as one with

the Local Councils Act, hereinafter referred to as “the principal Act”.

(2) The provisions of this Act shall come into force on such

date as the Minister responsible for Local Councils may by notice in

the Gazette appoint, and different dates may be so appointed for different

provisions and different purposes thereof.

Article 2 of the principal Act shall be amended as follows>-

(a) immediately after the definition “financial year” there

shall be added the following new definition>-

“ “identity card” means the identity card issued under

the Identity Card Act.”<

(b) immediately after the definition of “motion” there shall

be added the following new definition>-

“ “political party” means, except as otherwise provided

for in this Act, any person or any group of persons contesting

the elections of a Local Council as one group bearing the

same name<”.

In article 3 of the principal Act, subarticles (4) and (5) shall Amendment

article 3 of the

be renumbered as subarticles (5) and (6) respectively and immediately principal Act.

after subarticle (3) there shall be added the following new subarticle>–

“(4) Any government department or public corporation,

authority or agency shall abide, in its operation and administration,

by the boundaries of any locality as determined under this Act.”.

In the first proviso to subarticle (3) of article 8 of the principal Amendment of

article 8 of the

Act for the word “twelve” there shall be substituted the words “twenty principal Act.

In article 11 of the principal Act for the words starting from Amendment of

article 11 of the

“A person shall be qualified” up to “the locality contested by such principal Act.

person>” there shall be substituted the following>-

“A person shall be qualified to be elected as a member of any

Council if such person is registered as a voter in the Electoral

Register or the European Union Electoral Register>

Provided that no person may contest the election of more than

one locality in any local election>”.

Article 12 of the principal Act shall be amended as follows>– Amendment of

article 12 of the

principal Act.

(a)

paragraph (c) thereof shall be deleted< and

(b) immediately after paragraph (j) there shall be added the

following proviso>

“Provided that no Councillor shall remain in office if at

any time during his term of office he is elected as Councillor

of any other Local Council or of any similar institution in any

other member state.”.

In subarticle (1) of article 14 of the principal Act immediately Amendment of

after the words “before the lapse of the term” there shall be added the article

principal Act.

words “or disqualified from remaining in office”.

In the first paragraph of article 18 of the principal Act

immediately after the words “within a period of six months” there shall

be added the words “and in the opinion of the Minister such absence

was not justified”.

Immediately after subarticle (2) of article 24 of the principal

Act there shall be added the following new sub-article>-

“(3) Mayors are to ensure that the Code of Ethics as may be

established by the Local Councils Association, and which may be

in force from time to time, shall be observed by all Councillors.

The Mayor or any Councillor shall report any breach of such Code

by a Councillor both to the Council and to the Department for

Local Government.”.

For article 25 of the principal Act there shall be substituted

by the following>-

(1) Without prejudice to the provisions of article

29 of this Act, the office of Mayor in any Local Council shall

be occupied by such elected Councillor who at the last local

election shall have obtained the highest number of votes in

the first count amongst the candidates of the political party

which at such elections obtained the absolute majority of

Councillors in such Council. Such Councillor shall assume

the office of Mayor at the first sitting of the Council after

such local election. If for any reason such Councillor refuses

to occupy the office of Mayor, the Councillor with the second

highest number of votes from the aforesaid political party

shall assume office, and so on, until the office of Mayor is

filled.

(2) The office of Deputy Mayor shall be occupied by

such elected Councillor from the political party mentioned in

the preceding subarticle who, under the conditions and in

accordance with the provisions of such subarticle, shall have

obtained, apart from the Mayor, the highest number of votes

in the local elections and the provisions of such subarticle

shall mutatis mutandis apply to the election of Deputy Mayor.

(3) Where no political party obtains an absolute

majority of seats in such Council or where, for any reason

whatsoever, the office of Mayor or Deputy Mayor is not filled

in virtue of the provisions of the preceding subarticles of this

article, the Council shall, at its first sitting, and after the

Councillors have taken their oath of office, proceed with the

election of the Mayor and subsequently of Deputy Mayor from

among its members in accordance with the Seventh Schedule.

(4) The first sitting of each Council shall be summoned

by the most senior Councillor (or else if he refuses, by the

next senior Councillor and so on) and such meeting shall be

held not later than one week from the first day when the

Councillors may hold office under article 14 of this Act. The

agenda for this first meeting shall be prepared by the Executive

Secretary and shall be published not later than two working

days before the date fixed for such meeting.”.

11. In article 28 of the principal Act immediately after the words Amendment of

article 28 of the

“removed from office before the lapse of their term” there shall be added principal Act.

the words “or disqualified from remaining in office”.

12. Subarticles (2) and (3) of article 29 of the principal Act shall Amendment of

article 29 of the

be substituted by the following>-

principal Act.

“(2) The motion proposing a vote of no confidence in the

Mayor or Deputy Mayor shall be signed by at least one third of the

Councillors in office and shall specify the reason for such motion

and propose another Councillor to be elected as Mayor or Deputy

Mayor as the case may be.

(3) The motion shall be discussed after at least five days

have elapsed from its presentation as provided in subarticle (2)

but not later than ten days from such date< so however that if for

any reason such meeting does not take place, or no decision is

taken on such motion within such time, the proponents of such

motion may fix a date and agenda for such meeting to be held, and

after due notification is made to all Councillors, such meeting shall

be held on such date for the sole purpose of debating and deciding

such motion of no confidence.”.

13. Immediately after article 29 of the principal Act there shall Addition of new

article 29A of the

be added the following new article>-

principal Act.

A meeting of the Council may be requested by

“Meeting at

at least half the Councillors in office, which request shall

Councillors.

include a proposed agenda of the meeting, and following such

request if the meeting is not held within one week from the

receipt of such request, such Councillors may summon such

meeting of the Council themselves and fix the agenda, as

proposed together with their request, for such meeting, and

following due notification of all Councillors such meeting

shall be held on such date, time and with such an agenda as

determined by such Councillors.”.

14. Immediately after subarticle (1) of article 32 of the principal

Act there shall be added the following proviso>-

“Provided that such allowance shall not be deemed as

earnings for the purposes of the Social Security Act.”.

15. Subarticle (1) of article 33 of the principal Act shall be

amended as follows>-

(a) in paragraph (b) thereof, in the English text only, the

word “establishment” shall be deleted<

(b) in paragraph (c) thereof immediately after the words

“or other leisure centres” there shall be added the words “and as

part of a national scheme to administer local libraries”<

(c) in paragraph (d) thereof immediately after the words

“and international standards” there shall be added the words “to

provide for the installation and maintenance of bus shelters in

accordance with standards and specifications laid down by the

competent transport authority,”<

(d) immediately after paragraph (o) thereof there shall be

added the following new paragraph>-

“(p) the enforcement of all laws the contravention of

which falls under the jurisdiction of the Commissioners of

Justice< provided that such enforcement shall not be the

exclusive competence of Local Councils.”.

16. Article 49 of the principal Act shall be amended as follows>-

(a) in subarticle (2) thereof the words “appointed from

outside the public service.” shall be substituted by the words

“appointed from outside the public service< so however that no

Councillor of any locality may be appointed Executive Secretary

of any Local Council.”<

(b) subarticle (4) thereof shall be substituted by the

following>-

“(4) Where a Council refuses or fails to appoint an

Executive Secretary or Deputy Executive Secretary, the

Minister shall appoint an acting Executive Secretary or acting

Deputy Executive Secretary respectively.”.

17. Paragraph (e) of subarticle (2) of article 52 of the principal Amendment of

article 52 of the

Act shall be substituted by the following>-

principal Act.

“(e) carry out any other administrative duties as may be

detailed by the Mayor, in accordance with policies decided and

delegated by the Council<

(f) issue all orders bearing an expense as approved by the

Council.”.

18. Article 65 of the principal Act shall be amended as follows>– Amendment of

article 65 of the

principal Act.

(a) for paragraph (b) of subarticle (2) there shall be

substituted the following>

“(b) in the case of a partnership, the partners between

them possess the necessary qualifications according to article

10 of the Accountancy Profession Act.”< and

(b) in subarticle (6), for the words “not later than twelve

weeks from the end of the financial year” there shall be substituted

“not later than the end of June of each year”, and for the words “to

the Minister responsible for finance” there shall be substituted the

words “to the Director”.

19. Immediately after subarticle (3) of article 72 of the principal Amendment of

article 72 of the

Act there shall be added the following new subarticle>

principal Act.

“(4) The Minister may also, after consulting the Local

Councils Association, make regulations providing for the

representation of Maltese Local Councillors on the Committee of

Regions of the European Union and on any other international

forum or institution requiring representation of local Councillors.”.

20. In the second proviso to article 79 of the principal Act Amendment of

article 79 of the

immediately after the words “a former capital city of Malta shall” there principal Act.

shall be added the words “as far as possible”.

21. The Third Schedule to the principal Act shall be amended as Amendment of the

Third Schedule

follows>-

to the principal

Act.

(a) the following amendments shall come into force with

immediate effect>-

(i) for subregulation (4) of regulation 17 there shall be

substituted the following>

“(4) The voting document shall be served on each

voter by registered post< so however that in urgent or

exceptional cases, the Electoral Commission may order

that any or all voting documents shall be served by a

police officer or any other person approved for the

purpose by the Commission.”<

(ii) in regulation 35 thereof, for the words “Any club,

shop or other public establishment” there shall be substituted

the words “Any political party club” and immediately after

such regulation there shall be added the following proviso>-

“Provided that the Electoral Commission and the

Commissioner of Police may order the closure of any

club, shop or other public establishment within such

distance of fifty metres if in their opinion, such closure

is necessary to maintain public order or prevent undue

influence on voters during voting in any locality.”<

(iii) in the second paragraph of subregulation (2) of

regulation 57 thereof, the words “may not, for any reason,”

shall be substituted by the word “may”<

(b) the following amendments shall come into force on such

date, not later than the 31st December, 2006, as the Minister may

by notice in the Gazette establish>-

(i) in subregulation (2) of regulation 2 thereof the

definition of “voting document” shall be deleted<

(ii) regulations 17, 18 and 19 shall be deleted<

(iii) in subregulation (3) of regulation 34 thereof, for

the words “cubicles wherein each voter may record his vote”

there shall be substituted the words “cubicles wherein each

voter may record his vote in secret and behind a curtain or

other device to enable him to vote in secret,”<

(iv) sub-regulation 39 thereof shall be amended as

follows>-

(a) sub-regulation (1) shall be substituted by the

following>–

“(1) Any person entitled to vote in an

election for a Local Council may exercise such right

by attending any polling booth notified to him by

the Commission on the date of such election and

present his identity card to the assistant

commissioners who shall verify the identity of the

voter.”<

(b) subregulation (2) thereof shall be substituted

by the following>-

“(2) No person shall be allowed to vote

unless he produces his identity card to the assistant

commissioners.”<

(c) in subregulation (4) thereof the words “upon

the production and delivery to them of the voting

document” shall be substituted by the words “upon

production to them of the identity card”.

22. In the Sixth Schedule to the principal Act, in paragraph (a) Amendment

of the Sixth

of standing order (4) thereof, for the words “to elect a Mayor” there Schedule to the

shall be substituted the words “to declare as elected or elect a Mayor”. principal Act.

23. In the Seventh Schedule to the principal Act, in regulation 6, Amendment

of the Seventh

immediately after the words “the Council is still unable to elect the Schedule to the

Mayor or Deputy Mayor>”, there shall be added the words “the principal Act.

Councillor who at the last local elections for that locality, acquired the

highest number of votes in the first count from among the Councillors

belonging to the political party which obtained the highest number of

votes in the first count at the last council elections for that locality, (or

if he refuses the person with the second highest number of votes and so

on),”.

24. In subarticle (1) of article 604 of the Criminal Code, Amendment

Criminal Code,

immediately after the words “Members of the House of Representatives,” Cap. 9.

there shall be added the words “Mayors and Executive Secretaries of

Local Councils,”.

25. In subarticle (1) of article 2 of the Marriage Act in the Amendment of the

Marriage Act,

definition of “Registrar”, for the words “by the Registrar for that Cap. 255.

purpose<” there shall be substituted the words “by the Registrar for that

purpose, and for the purposes of article 15 of this Act shall also include

any Mayor of a Local Council<”.

26. For the two provisos of subarticle (2) of article 10 of the

Commissioners for Justice Act there shall be substituted the following

proviso>

“Provided that where the Commissioner decides that the

person charged committed the scheduled offence specified in the

charge, he shall order that where the person charged does not pay

the fine (multa or ammenda) within one month from when the

case is decided finally, the person charged shall pay a penalty of

five liri in addition to the fine (multa or ammenda).”.

Passed by the House of Representatives at Sitting No. 233 of 8th February,

2005. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press