ACT No. V of 2005 AN ACT to regulate the National Archives, and to make provisions for the appointment of the National Archivist and for other dispositions ancillary thereto.

I assent.

(L.S.)

E DWARD F ENECH A DAMI

President

13th May, 2005

ACT No. V of 2005

AN ACT to regulate the National Archives, and to make provisions

for the appointment of the National Archivist and for other dispositions

ancillary thereto.

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:-

Part I

Preliminary

The title of this Act is the National Archives Act, 2005, and it

shall come into force on such date as the Minister may by notice in the

Gazette establish, and different dates may be so established for different

purposes and different provisions thereof.

(Article 7)

Form of Oath

I, ………….............………… swear/solemnly affirm that I will fully and

honestly fulfil my duties as National Archivist/ employee of the National Archives in

conformity with the requirements of the National Archives Act, 2005, and of all orders

made thereunder, and that I will not, except in the performance of my duties under that

Act and such orders and except when information has fallen into the public domain,

disclose or make known during my service as National Archivist/employee of the

National Archives or at any time thereafter, any matter which comes to my knowledge

relating to any person, Government department or other public office by reason of my

service as National Archivist/ employee of the National Archives.

(So help me God.)

A

In this Act, unless the context otherwise requires:-

“archival repository” means a building or part of a building

in which archives are preserved and made available for

consultation;

“archives” means records of enduring value selected for

permanent preservation;

“Council” means the National Archives Council established

under article 14 of this Act;

“current records” means records regularly used for the

conduct of the current business of an institution;

“financial year” means any period of twelve months ending

on the 31st December

Provided that the first financial year of the National Archives

shall begin on the coming into force of this Act and shall end on

the 31 th December of the next following year.

“heads of public offices” means the Permanent Secretaries,

Heads of Departments of Government, Chief Executive Officers

and officials in a comparable positions responsible for the

administration and operation of any public office;

“Local Council” means a local council established under the

Local Councils Act;

“Minister” means the Minister responsible for the National

Archives;

“National Archives” means the entity called the National

Archives of Malta established under article 3 of this Act;

“National Archivist” means the head of the National Archives

appointed under article 5 of this Act;

“prescribed” means prescribed by regulations or orders made

under this Act;

“private records” means records other than public records as

specified in the Schedule of this Act;

“public office” means any body established by the

Constitution or by or under any law, or with any partnership or

other body in which the Government of Malta, or any such body

as aforesaid, have a controlling interest or over which they have

effective control;

“public officer” has the same meaning assigned to it by article

124 of the Constitution;

“public records” means the records specified in the Second

Schedule to this Act;

“records” means recorded information regardless of form or

medium created, received and maintained by any public office in

pursuance of its legal obligations or in the transaction of its business

and providing evidence of the performance of those obligations or

that business;

“Records Officer” means the person so appointed under article

16 of this Act;

“retention and disposal schedule” means the control document

recording appraisal decisions and prescribing retention or disposal

action in respect of records.

Part II

Constitution, Composition and Functions of the National

Archives

(Article 8)

List of Public Records

1. Public records and archives to be preserved in any archival repository which

falls under the responsibility of the National Archives are those records and archives

created, received and maintained by

(a)

the office of the President

(b)

the House of Representatives

(c)

the office of the Cabinet of Ministers

(d) any ministry, department, commission, authority, agency or other public

office

Provided that in the case of public corporations or other para-stata or public

organizations which are or have been privatised the provisions of this Schedule shall

only apply up to the date when the Government of Malta or any body owned or

controlled by it no longer has effective control.

(e) any embassy or other foreign representation of the Government of Malta

outside Malta and by any officer serving in such a post

(f)

the Electoral Commission or any committee or officer thereof

(g) the Courts of Justice, or any other court or tribunal with jurisdiction

within Malta or by any judge, magistrate or other officer of such a court

(h) any local council or authority, or committee or sub-committee or officer

thereof

(i) any predecessor or successor of any of the institutions, bodies or

individuals designated in paragraphs (a) to (h) above

(j) any other body or individual so designated by the Minister by regulation

made in accordance with this Act.

2. Records originated by the Ministry for Gozo, Gozo sections of government

departments, and by public bodies established for Gozo shall be deposited at the Gozo

S ection of the National Archives.

A

3. All public records and archives which at the time of the coming into force of

this Act were in the custody of the National Archives of Malta shall be considered to be

public records for the purposes of this Act.

Passed by the House of Representatives at Sitting No. 265 of 10th May, 2005.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

(1) There shall be a body, to be called the National Archives

of Malta, under the responsibility of the National Archivist. The mission

of the National Archives is to preserve the collective memory of the

Maltese nation through the protection and accessibility of all public

archives regulated by this Act.

(2) The National Archives shall be a body corporate having

a distinct legal personality and shall be capable, subject to the provisions

of this Act, of entering into contracts, of acquiring, holding and disposing

of any property for the purpose of its functions, of suing and being

sued, and of doing all such things and entering into all such transactions

as are incidental or conducive to the exercise or performance of its

functions under this Act.

(1) The functions of the National Archives shall be

(a) to safeguard the collective memory of the Maltese nation

and protect the rights of citizens through the selection, preservation

and access to the archives in whatever medium to the highest of

standards;

(b) establish and maintain a register to be known as the

National Register of Archives;

(c) to monitor with powers of inspection the record-keeping

practices within public offices;

(d) accept and acquire private records of national

significance by gift, purchase, bequest or deposit;

(e) provide leadership to Maltese archives in such areas as

preservation of archival records, records management and national

cooperation schemes;

(f) promote the professional training of archivists and

records managers.

(2) For the purposes of sub-paragraph (b) of paragraph (1)

of this article, the National Register of Archives shall contain particulars,

in such form as the National Archivist considers appropriate, of

(i) archives open for public inspection and location of

holdings;

(ii) records of national significance in private archives,

after the necessary permission has been granted by the owner

of the records; and

(iii) any other details or information which will benefit

the promotion of the archives and the provision of research

facilities to the general public.

(1) There shall be a National Archivist who shall be a person Appointment of

with professional qualifications, recognised competence and reputation National Archivist.

in the domain of archives, and who shall be appointed by the Minister

following consultation with the Archives Council for a period of three

years under such terms and conditions as is established in his letter of

appointment. On the expiry of his term such a person may be re-

appointed for a further term or terms of three years

Provided that the first National Archivist shall be appointed by the

Minister for an initial period of three years.

(2) The legal and judicial representation of the National

Archives shall vest in the National Archivist provided that the National

Archivist may appoint any one or more of the officers or employees of

the National Archives, to appear in his name and on his behalf in any

judicial proceedings and on any act, contract, instrument or other

document whatsoever.

(3) There shall also be an Assistant National Archivist for

Gozo with the same professional qualfications as the National Archivist

and who shall be appointed in the same manner and for the same periods

of time as the National Archivist.

(1) The National Archivist shall be the chief executive officer

of the National Archives, and he shall also be responsible for the

preservation of all public records of enduring value other than any

records whose transfer may have been deferred under subarticle(5) of

article 8 of this Act, and shall in particular

(a) provide professional assistance, advice and guidance on

the establishment and management of filing and registry systems

in public offices and on the training of the staff of public offices in

record keeping;

(b) inspect the record keeping practices and systems of

public offices which are obliged to deliver records to the National

Archives;

(c) agree with the heads of public offices on, and ensure

the implementation of, the retention and disposal schedules relating

to records specific to each such office, which schedules shall be

sufficient authority for taking the action specified at the due date;

(d) establish and ensure compliance with standards for the

management of public records;

(e) ensure the arrangement and description of the archival

holdings and provide appropriate finding aids to facilitate access

to them;

(f) ensure that reasonable facilities are available to the

public for inspecting and obtaining copies of public records in the

National Archives, insofar as such records are open to inspection

under article 10 of this Act;

(g) give advice to users on the use of the preserved records

and documentary material of the Archives, and increase the

knowledge of national history and support studies in it;

(h) establish a reference library on archival theory and

practice;

(i) make the holdings of the National Archives known by

organising outreach events and the lending of public records

elsewhere subject to conditions which he may specify in line with

article 9 of this Act;

(j) prescribe rules to be observed by those wishing to consult

public records in the National Archives or any other archival

repository under his control;

(k) dispose of public records in his custody if in his opinion

they do not warrant preservation by the National Archives or the

preservation by the National Archives of copies of them in such

form as he may determine will suffice;

(l) enter into arrangements with other institutions for the

joint management or conservation or restoration of archives, and

for the provision of reprographic or other technical facilities; and

(m) prepare and sell publications or objects related to the

functions of the National Archives.

(2) The National Archivist shall furthermore

(a) assume full responsibility for the administration and

organization and the administrative control of the officers and

employees of the National Archives and for such purpose assign

to each officer or employee such duties as may be required;

(b) develop the necessary strategies for the implementation

of the objectives of the National Archives;

(c) advise the Minister and the Council on any matter they

may refer to him or on any matter which he considers necessary or

expedient;

(d) perform such other duties as the Minister may assign to

him from time to time.

The National Archivist and every employee of the National

Archives shall, before assuming duties in the National Archives,

subscribe to the oath contained in the First Schedule.

(1) The records to be preserved in the National Archives Records

deposited in the

shall be the public records listed in the Second Schedule to this Act.

Archives.

(2) Archives of a particular nature which are regulated by

any other law, in force from time to time shall be kept and shall be

regulated in accordance with that law provided that such archives are

preserved and made accessible according to standards agreed upon with

the National Archivist.

(3) Notwithstanding the provision of sub-article (2) above,

the Minister may in concurrence with the Minister responsible for a

particular archive, order the transfer of documents kept in such archives

to the National Archives, and this under such conditions as may be

agreed upon by the Minister and the Minister responsible for those

Archives; and where any such document is transferred to the National

Archives, for the purpose of any law regulating the deposit of that

document in the existing archives, such document shall be deemed to

be properly deposited in accordance with such law, and all responsibility

relative to such document, including the issue of copies and extracts

therefrom, as well as the authentication thereof, shall upon the transfer

of such documents vest in the National Archivist.

(4) The National Archivist may certify that particular

departmental records which are more than thirty years old do not warrant

transfer to the National Archives for preservation, and any records so

certified shall be retained in the appropriate public office or, as the case

may be, returned to that public office, where they may be retained, or

disposed of, subject to the granting of an authorisation under article 6

of this Act.

(5) The National Archivist may defer the acceptance of the

transfer of records and archives into his custody if accommodation for them

is not available or other arrangements for their reception cannot be made.

(1) No record or object preserved in the National Archives

may, without the written permission of the National Archivist, be taken

out from the premises of the National Archives. A copy of every

permission granted by the National Archivist shall be preserved in the

National Archives and shall be available for inspection.

(2) Loans of public records outside Malta may not be made

without the written permission of the Minister given following

consultation with the National Archivist and the Council.

(3) Provided that where a document to be found in the

National Archives is to be exhibited in Court, or otherwise used in the

original, the National Archivist shall exhibit or otherwise use the original

after making a copy thereof for preservation in the archives if that is

possible.

(1) Notwithstanding the provisions of any other law, when

a record is deposited at the National Archives public access to such

records shall only be regulated by the provisions of this Act.

(2) Public records in the National Archives, or in any other

archival repository under the control of the National Archivist, shall be

available for public inspection after the expiration of a period of thirty

years from their creation, except insofar as a longer or shorter period

may have been prescribed by the Minister following consultation with

the Minister responsible for the public office which created the records

or its successor in function.

At the expiration of the period of thirty years prescribed in

subsection (1) any records selected for permanent preservation which

are still classified as confidential, or secret shall be examined by the

Council to ascertain whether their continuing classification is necessary

and, if it is not, they shall be de-classified and shall become open to

public inspection under subarticle (1) of this article.

(3) The Minister may, on the advice of the National

Archivist, limit access by the public to documents and objects where: -

(a) they contain information which has been obtained by a

public authority under an obligation of secrecy or confidentiality;

or

(b) the security of the State or the personal safety of any

individual so require; or

(c) the fragility of the archives so warrants; or

(d) the need for organisation of the archives makes it

necessary.

(4) Without prejudice to the provisions of article 9 of this

Act, every copy of a document, issued as a true copy duly sealed with

the seal of the National Archives and signed by the National Archivist,

shall for the purposes of any law, be deemed an authentic copy and for

the purpose of evidence in any court or tribunal be deemed equivalent

to the original.

(1) In case of sale of any record or work which in the opinion Right of preference

exercisable by the

of the Minister, following consultation with the National Archivist, has Government.

archival or historical importance, the Government shall have the right

of acquiring the same in preference to all other persons on equal

conditions.

(2) Such right of preference shall be exercised by the

National Archivist by means of a judicial act served on the purchaser

within two months from the date on which the vendor or the purchaser

gives notice to the Minister, by means of a judicial act or a registered

letter, of the sale indicating the name and address of the purchaser and

the conditions of sale, or, if no such notice is given, within six months

on which it shall come to the knowledge of the Minister that a sale has

been effected.

(3) Any person who is responsible for any act or omission

having the effect of frustrating the exercise of the right of preference

appertaining to the Government under this article shall be guilty of an

offence under this Act and shall be liable for the penalties contemplated

in this Act.

In the exercise of his functions under this Act, the National

Archivist shall

(a) give effect, as soon as practicable, to any direction, not

inconsistent with any provision of this Act which the Minister may

give to him, in relation to the policy to be followed by him in the

discharge to his function, and in relation to any matter which

appears to the Minister to affect the nation’s archival heritage;

(b) afford to the Minister facilities for obtaining any

information with regard to the property and activities of the National

Archives, and for this purpose the National Archivist shall furnish

the Minister with returns, accounts and other information with

respect to the functions of the National Archives, and afford

facilities for the verification of any information furnished, in such

manner and at such times as the Minister may require.

The National Archives shall be exempt from any liability for

payment of any tax, other than customs or excise duties, or tax on income

or duty on documents for the time being in force in Malta.

(1) There shall be a National Archives Council, appointed

by the Minister, which shall be composed as follows:-

(a) a Chairperson;

(b) the Superintendent of Cultural Heritage ex officio or his

representative;

(c) the Chairperson of Heritage Malta ex officio or his

representative;

(d) the National Librarian ex officio or his representative;

(e) the Permanent Secretary in the office of the Prime

Minister ex officio or his representative;

(f) a person to represent the non-governmental archives or

records centres;

(g) three other persons chosen from amongst persons known

to be users of and familiar with archives, records management

and information professions, or working in non-governmental

organizations dedicated to information and archives, one of whom

shall be appointed by the Minister responsible for Gozo.

(2) The National Archivist and the Assistant National

Archivist for Gozo shall attend all the meetings of the Council but shall

not vote at such meetings

Provided that the Council may, if it deems so fit, require the

National Archivist and the Assistant National Archivist for Gozo not to

attend any of the meetings or any part of a meeting.

(3) The members of the Council shall be appointed for a

term of three years, but the members so appointed shall be eligible for

reappointment on the expiration of their term of office.

(4) The meetings of the Council shall be called by the

Chairperson as often as may be necessary but at least once every two

months either on his own initiative or at the request of any two of the

other members.

(5) Half the number of the members for the time being

constituting the Council shall form a quorum. Decisions shall be adopted

by a simple majority of the votes of the members present and voting.

The Chairperson shall have an initial vote and in the event of an equality

of votes, a casting vote.

(6) Any member who has a direct or indirect interest in any

contract or other action made or proposed to be made by the Council in

connection with the National Archives, shall disclose the nature of his

interest at the first meeting of the Council after the relevant facts have

come to his knowledge. Such disclosure shall be recorded in the minutes

of the meeting, and such member shall withdraw from any meeting

while such matter is discussed or decided upon by the Council.

(7) Subject to the provisions of this Act and to such

procedures as may be prescribed, the Council shall regulate its own

proceedings.

(1) Without prejudice to the provisions of this Act, the Functions of the

Council.

Council shall

(a) promote the National Archives and other record keeping

entities;

(b) ensure and facilitate the collaboration between the

different stakeholders with direct or indirect responsibility for the

protection and management of the archives sector;

(c)

advise the Minister on the management of archives in

Malta;

(d) draw the attention of the Minister or of any organisation or

person responsible for archives to any urgent action that may be

considered necessary for the better management of archives and records;

(e) advise the Minister on any matter arising from the

provisions of this Act and on any other matter referred to it by the

Minister.

(2) The Council shall also biannually convene a National

Forum about the archives to discuss the state of the archives generally

after receiving a relative report to be drawn up by the Council. There

shall be invited to attend at such Forum, among others, Departments

and other Government entities, Mayors of Local Councils, owners of

private archives and their archivists, non-governmental organisations

having an interest in the maintenance and safeguarding of archives and

public records, the University of Malta, other education institutions,

specialists, consultants, representatives of the commerical sector, persons

who make use of the archives, and any such other party showing to the

Council in writing that it has an interest therein. The Forum procedures

shall be published and sent to the Minister.

(3) The Council shall give public notice one month in

advance of the meeting of the Forum which shall be chaired by the

President who is to be appointed by the Council.

(1) There shall be in every public office a Records Officer

or Officers. It shall be the duty of every head of public office to send a

yearly return to the National Archivist with details of the Records Officer

and other details about the upkeep of records in their public office as

may be required by the National Archivist.

(2) Records Officers shall be responsible for creating and

maintaining adequate documentation of the functions and activities of

their respective public offices through the establishment of good records

keeping practices, including;

(a) creating and managing current records within appropriate

filing and registry systems;

(b) drafting with the National Archivist retention and

disposal schedules relating to records specific to each public office

Provided that such schedules shall only come into effect when

approved and signed by the National Archivist, and in the case of

records containing personal data, also after consultation with the

Commissioner for Data Protection;

(c) implementing retention and disposal schedules issued

in accordance with article 6 of this Act;

(d) provide access to the National Archives for inspections

of records in accordance with article 6 of this Act;

(e) inform the National Archivist as soon as it is known

that a function or functions of the pubic office will be transferred

to another public office or organisation, or that an activity carried

on by the public office or an activity of some other body connected

with its work is to be wound up;

(f) prepare, and provide the National Archives with, lists of

records to be transferred to the Archives for permanent preservation

in accordance with guidelines issued by the National Archivist;

(g) arrange the material to be transferred to the National

Archives according to archival best practice agreed with the

National Archivist;

(h) provide for the safe transfer of records to be preserved

at the National Archives.

Part III

Administrative and Personnel Provisions

(1) Subject to the provisions of the Constitution and of any Staff appointments.

other law including this Act applicable thereto, the appointment of

officers and other employees of the National Archives shall be made by

the National Archivist. The terms and conditions of employment shall

be determined by the National Archivist with the approval of the

Minister.

(2) The National Archivist shall appoint and employ, at such Appointments and

functions of

remuneration and upon such terms and conditions as he may in officers and

accordance with subarticle (1) determine, such officers and employees employees.

as may from time to time be necessary for the due and efficient discharge

of the functions of the National Archives.

(3) The members of the Council, all officers and employees

of the National Archives shall be deemed to be public officers within

the meaning of the Criminal Code.

(1) The Prime Minister may, at the request of the National

Archivist, from time to time direct that any public officer, shall be

detailed for duty with the National Archives in such capacity and with

effect from such date as may be specified in the direction.

(2) The period during which a direction as aforesaid shall

apply to any officer specified therein shall, unless the officer retires

from the public service, or otherwise ceases to hold office at an earlier

date, be such as may be specified in the direction, unless the direction is

revoked earlier by the Prime Minister.

(3) Where any officer is detailed for duty with the National

Archives in accordance with this article, such officer shall during the

time in which such direction has effect in relation to him, be under the

administrative authority and control of the National Archivist but shall

for other intents and purposes remain and be considered and treated as

a public officer.

(4) Without prejudice to the generality of the foregoing, a

public officer detailed for duty as aforesaid

(a) shall not during the time while such officer is so

detailed -

(i) be precluded from applying for a transfer to a

department of the Government in accordance with the terms

and conditions of service attached to the appointment under

the Government held by that public officer at a date on which

he was detailed for duty; or

(ii) be so employed that the remuneration and

conditions of service are less favourable than those which

are attached to the appointment under the Government held

by that public officer at the date he was detailed for duty as

aforesaid or which would have become attached to such

appointment, during the said period, had such officer not been

detailed for duty with the National Archives; and

(b) shall be entitled to have the service with the National

Archives considered as service with the Government for the

purpose of any pension, gratuity or benefit under the Pensions

Ordinance, and the Widows’ and Orphans’ Pensions Act, and of

any other right or privilege to which that public officer would be

entitled, and shall be liable to any liability to which he would be

liable, but for the fact that he is detailed for duty with the National

Archives.

(5) Where an application is made as provided in subarticle

(4)(a)(i) above, the same consideration shall be given thereto as if the

applicant had not been detailed for duty with the National Archives.

(6) The National Archives shall pay to the Government,

where applicable, such contributions as may from time to time be

determined by the Minister responsible for finance in respect of the

cost of pensions and gratuities earned by an officer detailed for duty

with the National Archives as aforesaid during the period in which such

officer is so detailed.

(1) The National Archives may, with the approval of the Offers of permanent

employment to

Prime Minister, offer to any officer detailed for duty with it under any public officers

of the provisions of article 18 permanent employment at a remuneration detailed for duty

with the National

and on terms and conditions not less favourable than those enjoyed by Archives.

such officer at the date of such offer.

(2) The terms and conditions comprised in any offer made

as aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those enjoyed

by the officer concerned at the date of such offer, if such terms and

conditions, taken as a whole, in the opinion of the Prime Minister offer

substantially equivalent or greater benefits.

.

(3) Every officer who accepts permanent employment with

the National Archives, under the provisions of subarticle (1), shall for

all purposes other than those of the Pensions Ordinance, and of the

Widows’ and Orphans’ Pensions Act, be deemed to have ceased to be in

service with the Government and to have entered into service with the

National Archives on the date of such acceptance and for the purposes

of the said Ordinance and of the said Act, so far as applicable to that Cap. 93.

officer, service with the National Archives shall be deemed to be service

with the Government within the meanings thereof respectively.

(4) Every such officer as aforesaid who immediately before

accepting permanent employment with the National Archives was

entitled to benefit under the Widows’ and Orphans’ Pensions Act, shall

continue to be so entitled to benefit thereunder to all intents as if service

with the National Archives was service with the Government.

(5) The National Archives shall pay to the Government such

contributions as may from time to time be determined by the Minister

responsible for finance in respect of the cost of pensions and gratuities

earned by an officer who has accepted permanent employment with it

as aforesaid during the period commencing on the date of such officer’s

acceptance.

(6) (a) For the purposes of this article the posts and salary

grades with the National Archives shall be classified in the most nearly

corresponding grades and incremental levels in the service under the

Government of Malta by reference to job description, skills,

responsibilities and other analogous factors.

(b) The classification referred to in paragraph (a) shall be

carried out by a board composed of a chairperson appointed by the

Minister responsible for finance and two other members, one appointed

by the Ministry responsible centrally for personnel policies in the public

service and one appointed by the National Archivist. The classification

shall be subject to the final approval of the Minister responsible for

finance.

(c) Such classification shall take place within three months

of any adjustment of salaries of employees in the Government service,

and, or, of employees of the National Archives.

(d) No post shall be classified in a grade higher than that of

grade 3 in the service of the Government or such other grade that the

Minister responsible for finance may from time to time by notice in the

Gazette determine.

(e) Without prejudice to the provisions of article 113 of the

Constitution, no person may, following a classification as aforesaid, be

entitled to rights under the said Pensions Ordinance less favourable

than those to which that person would have been entitled prior to such

classification.

Part IV

Financial Provisions

(1) Without prejudice to the following provisions of this

article, the National Archives shall so conduct its affairs that every effort

shall be made to meet as much as possible of the expenditure required

for the proper performance of its functions out of its revenues.

(2) For such purpose the National Archivist shall levy such

fees, rates and other payments prescribed or deemed to be prescribed

by or under this Act or any other law.

(3) The National Archives shall be paid by Government out

of the Consolidated Fund such sums as the House, may from time to

time authorise to be appropriated to meet the costs of specified works

to be continued or otherwise carried out by the National Archives, being

works of infrastructure or a similar capital nature, or to meet any of its

expenditure which it cannot meet out of its own revenue.

(4) Any revenue shall, subject to such directives as the

Minister, after consultation with the Minister responsible for finance,

may from time to time give, be applied to the National Archives for its

purposes, and without prejudice to the generality of the powers given

to the Minister by this subarticle, any direction given by the Minister as

aforesaid may order the transfer to the Government, or the application

in such manner as may be specified in the direction, of any part of the

fees rates and other payments levied in accordance with subarticle (2)

of this article.

(1) For the purposes of any requirements of a capital nature, Power to borrow

the National Archives may, with the approval in writing of the Minister capital.

in consultation with the Minister responsible for finance, borrow or

raise money in such manner, from such person, body or authority, and

under such terms and conditions as the Minister, after consultation as

aforesaid, may in writing approve.

(2) The National Archives may also, with the approval of

the Minister in consultation with the Minister responsible for finance,

from time to time borrow, by way of overdraft or otherwise, such sums

as it may require for carrying out its functions under this Act.

The Minister responsible for finance may, after consultation Advances from

with the Minister, make advances to the National Archives of such sums Government.

as the Minister responsible for finance may agree to be required for

carrying out any of its functions under this Act, and may make such

advances on such terms and conditions as the Minister responsible for

finance may, after consultation as aforesaid, deem appropriate. Any such

advance may be made by the Minister responsible for finance out of the

Consolidated Fund, and without further appropriation other than this Act,

by warrant, authorising the Accountant General to make such advance.

(1) The National Archivist shall prepare in every financial Estimates of the

National Archives.

year, and shall not later than eight weeks before the end of each financial

year adopt, estimates of the income and expenditure for the next

following financial year

Provided that the estimates of the National Archives for its

first financial year shall be prepared and adopted within such time as

the Minister may by notice in writing specify to the National Archives.

(2) The estimates shall be made in such forms and shall

contain such information and such comparisons with previous estimates

as the Minister responsible for finance may direct.

(3) A copy of the estimates shall, upon their adoption by

the National Archivist, be sent forthwith to the Minister and to the

Minister responsible for finance.

(1) No expenditure shall be made or incurred by the

National Archives unless it has been approved by the House.

(2) Notwithstanding the provisions of subarticle (1) –

(a) until the expiration of six months from the beginning of

a financial year, or until the approval of the estimates for that year

by the House, whichever is the earlier date, the National Archives

may make or incur expenditure for carrying out its functions under

this Act not exceeding in the aggregate one-half of the amount

approved for the preceding financial year;

(b) expenditure approved in respect of a head or sub-head

of the estimates may, with the approval of the Minister, be incurred

in respect of another head or sub-head of the estimates;

(c) in respect of the first financial year, the National Archives

may make or incur expenditure until the approval of the estimates

for that year by the House not exceeding in the aggregate such

amounts as the Minister responsible for finance may, after

consultation with the Minister, allow;

(d) if in respect of any financial year it is found that the

amount approved by the House is not sufficient, or if a need has

arisen for expenditure for a purpose not provided for in the

estimates, the National Archives may adopt supplementary

estimates for approval by the House and pending such approval,

the National Archives may in special circumstances and with the

approval of the Minister, acting in consultation with the Minister

responsible for finance, incur the relative expenditure or part thereof

as the said Minister may so approve, and in any such case the

provisions of this Act applicable to the estimates shall, as near as

practicable, apply to the supplementary estimates.

(1) The National Archivist shall cause to be kept proper Accounts and audit.

books of account and other records in respect of the operations of the

National Archives and shall cause to be prepared a statement of accounts

in respect of each financial year.

(2) The accounts of the National Archives shall be audited

by an auditor or auditors to be appointed by it and approved by the

Minister

Provided that the Minister responsible for finance may require

the books and other records of the National Archives to be audited or

examined by the Auditor General who shall for this purpose have power

to carry out such physical checking and other verification, and may

require such information, as the Auditor General may deem necessary.

(3) After the end of each financial year, at the same time as

a copy of the estimates of the National Archives is forwarded to the

Minister under article 23, the National Archivist shall cause a copy of

the statement of accounts duly audited to be transmitted to the Minister

and to the Minister responsible for finance together with a copy of any

report made by the auditor or auditors on that statement or on the

accounts of the National Archives.

(4) The Minister shall cause a copy of every such statement

and report to be laid before the House.

(1) All moneys accruing to the National Archives shall be Deposit of revenues

and payment by the

paid into a bank or banks appointed as bankers by it. Such moneys National Archives.

shall, as far as practicable, be paid into the banks from day to day, except

for such sum as the National Archivist may require to retain to meet

petty disbursements and immediate payments.

(2) All payments out of the funds of the National Archives,

except petty disbursements not exceeding such sum as may be fixed by

the National Archivist with the approval of the Minister, shall be made

by such officer or officers of the National Archives as shall be appointed

or designated for the purpose.

(3) Cheques against and withdrawals from any bank account

of the National Archives shall be signed by such officer of the National

Archives as may be appointed or designated by the National Archivist

for that purpose and shall be countersigned by the authorised member

or officer of the National Archives as may be authorised by the National

Archives for that purpose.

(4) The National Archives shall also make provision with

respect to -

(a) the manner in which and the officer or officers by whom

payments are to be authorised or approved;

(b) the title of any account held with the bank or banks into

which its monies are to be paid, and the transfer of funds from one

account into another;

(c) the method to be adopted in making payments out of its

fund; and

(d) generally with respect to any matter which is relevant

to the proper keeping and control of the accounts, books and other

records and the control of its finances.

The National Archives shall not, except with the approval of

the Minister granted after consultation with the Minister responsible

for finance, award or enter into any contract for the supply of goods or

materials or for the execution of work or for the rendering of services,

to or for the benefit of the National Archives, which is estimated by the

National Archivist to involve an expenditure exceeding three thousand

Liri, or such other amount as the Minister responsible for finance may

authorize, except after notice of its intention to enter into such contract

has been published and competitive tenders have been issued.

The National Archivist shall, not later than six weeks after

the end of each financial year, make and transmit to the Minister and to

the Minister responsible for finance a report dealing generally with the

activities of the National Archives during that financial year and

containing such information relating to its proceedings and policy as

either of the said Ministers may from time to time require. The Minister

shall, not later than four weeks from the receipt of such report, cause a

copy of every such report to be laid on the Table of the House.

Part V

Transfer of certain Assets to the National Archives

Transfer of assets to

(1) The property and undertakings owned by the

Government and used by it immediately before the date of the coming

into force of this Part of this Act, for the operation of any of the functions

which by this Act are being transferred to or vested in the National

Archives shall, on the date aforesaid, by virtue of this Act and without

further assurance, be transferred to and vested in the National Archives

under the same title by which they were held by the Government

immediately before the said date. The provisions of this subarticle shall

not apply to immovable property.

(2) The use and administration of the immovable assets from

time to time specified in the Order made by the Minister responsible

for lands in consultation with the Minister and published in the Gazette

(hereinafter referred to as “the immovable assets’’) being immovable

assets which immediately before the coming into force of this Part of

this Act were owned by the Government and used by it for the operation

of any of the functions which by this Act are being transferred to or

vested in the National Archives, shall, with effect from such day as may

be specified in any such Order and by the virtue of this Act and without

any further assurance, be vested in the National Archives.

(3) The transfer and vesting aforesaid shall extend to the

whole of such property and undertakings and, without prejudice to the

generality aforesaid, shall include all plant, equipment, apparata,

instruments, vehicles, craft, buildings, structures, installations, land,

roads, works, stocks and other property movable or immovable, assets,

powers, rights and privileges and all things necessary or ancillary thereto

which are held or enjoyed in connection therewith or appertaining

thereto, as well as all obligations affecting or relating to any of the

aforesaid property or undertakings or other thing included therein as

aforesaid.

(4) Any transfer of property, whether moveable or

immovable, shall be subject to all those terms and conditions that the

Minister may deem necessary to ensure that such property is exclusively

used for the purposes of the functions of the National Archives or

purposes ancillary thereto.

Subject to the provisions of this Act, all laws, rules, Construction of

regulations, orders, judgements, decrees, wards, deeds, bonds, contracts, laws, etc.

agreements, instruments, documents, warrants and other arrangements,

subsisting immediately before the date of the coming into force of this

Part of this Act affecting or relating to any of the properties or

undertakings transferred to the National Archives by or under this Act

shall have full force and effect against or in favour of the National

Archives, and shall be enforceable freely and effectually, as if instead

of the Government or governmental authority the National Archives

had been named therein or had been a party thereto, and otherwise in

substitution of the Government or governmental authority.

Part VI

Offences

(1) Any person who

(a) receives or retains any public record knowing that it has

been illegally removed in Malta or illegally exported from any

other country; or

(b) hinders, obstructs, molests or interferes with, or attempts

to hinder, obstruct, molest or interfere with, any officer or employee

of the National Archives or any police officer in the execution of

duties provided for under this Act, or fails to comply with any

lawful order by any such officer or employee or police officer as

aforesaid, or knowingly furnishes such officers or employees with

false information or neglects or refuses to give any information

required by or under this Act,

shall be guilty of an offence against this Act and shall be liable, on

conviction, to a fine (multa) of not less than two hundred liri and not

exceeding five thousand liri, or to imprisonment for a term not exceeding

three years, or to both such fine and imprisonment

Provided that, subject to the above maximum, the minimum fine (multa)

to which an offender shall become liable under this article shall not be

less than the value of any work that might be required to remedy the

effects of the offence.

(2) The Court, besides awarding the punishment referred

to in this article, may order the convicted offender to remove the causes

of the offence and to undo anything which was done without the

authorisation required under this Act, within a time sufficient for the

purpose and, if the offender fails to comply with any such order within

the time so fixed, he shall be liable to a further fine (multa) of not less

than twenty-five liri and not more than fifty liri, as the court may fix,

for every day during which the default continues after the expiration of

the said time.

(3) Any public record which has been or which may be

removed without proper authorisation under this Act, may be reclaimed

by the National Archives.

Part VII

Miscellaneous

(1) In making available for inspection or providing copies Copyright.

of public records in his custody the National Archivist shall not be in

breach of the copyright of such records.

(2) The provision of copies of public records by the National

Archivist does not imply the transfer of any copyright therein to the

recipients.

(3) The publication of facsimile copies of public records in

the custody of the National Archivist in which copyright of the

Government of Malta subsists is prohibited except with the consent of

the National Archivist and subject to such conditions as he may require

and to the payment of such fees as may be prescribed under this Act.

The Minister may, after consultation with the National Power to make

regulations.

Archivist, make regulations to give effect to any of the foregoing

provisions of this Act, or to regulate or otherwise provide for any matter

relating to public records, and may in particular, but without prejudice

to the generality of the foregoing make regulations for any of the

following purposes

(a) to provide for the proper management and preservation

of public records and the manner in which the public may have

access to the documents and objects in the National Archives;

(b) to establish the standards and the manner in which copies

and other reproductions of documents and objects in the National

Archives, may be made;

(c) to establish the fees and dues which may be payable by

or under, or for services rendered persuant to, the provisions of

this Act;

(d) to ensure the better fulfilment of the functions of the

National Archives, the National Archivist, and the Council;

(e) to regulate the appointment of officers and employees

with the National Archives;

(f) to establish guidelines for best preservation practice;

(g) to provide for any forms or procedures which may be

necessary or expedient and for which no express procedure is

contained in this Act;

(h) to regulate movement of public records and the periods

within which such records shall remain closed to public inspection;

(i) where not otherwise provided in this Act, to prescibe

rules regulating the powers and duties of, and the procedures to be

followed by the National Archives;

(j) to amend the Schedule annexed to this Act;

(k) to prescribe anything else which may or is to be

prescribed under this Act.

Records and other materials in the custody of the Curator of

the National Archives on the day before the coming into operation of

this Act are hereby transferred to the custody of the National Archivist

subject to any terms and conditions that were applicable to those records

and other materials on that day.

(1) The National Archives Act, 1990, and any rules and

regulations made thereunder are hereby repealed.

(2) All references in other Acts and regulations to the

National Archives of Malta or to the Curator of the National Archives

shall be construed as applying to the National Archives or to the National

Archivist thereof and all references to the National Archives Act, 1990,

shall be construed as referring to this Act.

In subarticle (3) of article 22 of the Notarial Profession and

Notarial Archives Act, for the words “in receiving those deeds only to

which the Government or any corporate body established by law is a

party” there shall be substituted the words “in receiving those deeds

only to which the Government, any corporate body established by law,

or, as may be authorized by the Minister in each case, any partnership

or any other body in which the Government of Malta or any such body

as aforesaid have a controlling interest or over which they have effective

control, is a party”.

The Criminal Code shall be amended as follows

(a)

in article 144 thereof

(i) in subarticle (1) thereof, for the words “to

imprisonment for a term from thirteen months to three years”

there shall be substituted the words “to a fine (multa) of not

less than two hundred liri and not more than ten thousand liri

or to imprisonment for a term from thirteen months to seven

years or to both such fine and imprisonment”;

(ii) immediately after subarticle (2) thereof there shall

be inserted the following new subarticle

“(3) Where the destruction, mutilation, damage,

or alteration of any thing referred to in subarticle (1) of

article 144 is caused through imprudence, negligence,

unskillfulness in an art or profession or through non-

observance of any regulation the offender shall be liable

to a fine (multa) of not more than four thousand liri or to

imprisonment for a term not exceeding three years or to

both such fine and imprisonment.”;

(b) in article 279 thereof, for the words “seven years.” there

shall be substituted the words “seven years:” and immediately

thereafter there shall be added the following proviso

“Provided that where for any reason mentioned in

subarticle (2) of article 325 it is not possible to estimate the

value of the thing stolen the said value shall be deemed to

exceed one thousand liri.”; and

(c) immediately after paragraph (h) of article 271 thereof

there shall be inserted the following new paragraph

“(i) when it is committed on any public record as

defined in article 2 of the National Archives Act.”.

A