I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika (act_2009_1) | MT

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Short title and commencement.

2. Interpretation.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 3 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Principle of accountability.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 4 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Public administration values.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Fourth Schedule – Agencies — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

I assent.

(L.S.)

E DWARD F ENECH A DAMI

President

3rd February , 2009

ACT No. I of 2009

AN ACT to affirm the values of public administration as an

instrument for the common good, to provide for the application of those

values throughout the public sector, and to provide for the organisation

and management thereof.

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

DEFINITIONS AND DECLARATION OF PRINCIPLES

1. (1) The short title of this Act is the Public Administration Short title and

commencement.

Act, 2009.

(2) This Act shall come into force on such a date as the

Prime Minister may by notice in the Gazette establish, and different

dates may be so established for different provisions or different purposes

of this Act

Provided that articles 21 to 26 inclusive, 28 and 31 to 34 inclusive

may only be brought into force after the necessary instruments of

delegation have been issued in terms of article 110 of the Constitution.

2. (1) In this Act, unless the context otherwise requires

Interpretation.

“Code of Ethics” means the code of ethics in the First

Schedule;

“department of Government” or “department” means any

entity in the Public Service that is listed in the Second Schedule;

“Disciplinary Regulations” means the Disciplinary Procedure

in the Public Service Commission Regulations or any other

regulations on disciplinary matters substituting them and which

may be made under subarticle (1) of article 121 of the Constitution;

“government agency” or “agency” means a body listed in the

Fourth Schedule;

“government entity” means an organisation, not being a

government department, a government agency or a commercial

partnership, in which Government has a controlling interest,

whether or not such organisation is established by law;

“grade” means any of the grades listed in the Third Schedule,

and consists of a group of one or more posts in one or more

departments which bear a common designation and are filled

directly through an appointment to the grade;

“Minister” means, unless the context otherwise requires, the

Minister responsible for the public administration so however that

where the Prime Minister has delegated, wholly or in part, any of

the powers, functions or authorities assigned to him by this Act,

the Prime Minister may still exercise such powers, functions or

authorities collaterally with such Minister;

“ministry” means an organisation referred to in article 6;

“position” means any office in the public service, other than

a grade;

“post” means a particular set of tasks or duties which are

performed or intended to be performed by one person;

“Principal Permanent Secretary” means the person appointed

in terms of article 14;

“public administration” means the Government of Malta

including its ministries and departments, and the agencies,

government entities, commissions and boards referred to in this

Act;

“public administration values” means the values listed in

article 4;

“public employee” includes public officers and employees

of government agencies and government entities, and for the

purpose of section B, section C and paragraph 27 of the Code of

Ethics a person shall continue to be regarded as a public employee

for three years following his retirement, resignation or dismissal

from public employment;

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

124 of the Constitution and shall also, for the purposes of this Act,

be understood to mean any grade or position in the public service

except those listed in paragraph (a) of subarticle (2);

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

124 of the Constitution, but shall for the purposes of this Act be

understood in accordance with subarticle (2);

“public service” has the same meaning assigned to it by the

Constitution, but shall for the purposes of this Act be understood

in accordance with subarticle (2);

“Public Service Commission” means the Commission

established by article 109 of the Constitution;

“Senior Executive Service” means the body of senior public

officers to which article 19 refers;

“transfer” means to assign a public officer to a different post.

(2) This Act shall not apply to

(a) The offices of judge, magistrate, Attorney General and

Auditor General; and

(b) the offices of Speaker, Deputy Speaker, Ombudsman

and Data Protection Commissioner; and

(c) the Broadcasting Authority, the Electoral Commission,

the Employment Commission, and (in so far as this Act does not

specifically refer to it) the Public Service Commission

Provided that, without prejudice to the independence of the

Electoral Commission and the Public Service Commission under

the Constitution, this Act shall apply to the Electoral Office and

the Public Service Commission Secretariat.

(3) Unless otherwise specified to the contrary in this Act,

where a provision of this Act conflicts with the provisions of any other

law governing a department, an agency or a government entity, the other

law shall prevail.

3. Departments of Government, government agencies and

government entities are bodies which manage public resources and

which provide services to the public or perform other functions on behalf

of the State, and as such, these bodies, and the public employees

performing duties therein, shall

(a) be governed by the provisions of this Act, including the

public administration values and the Code of Ethics;

(b) be subject to Ministerial direction as provided for in the

Constitution and in this Act and other laws, except on matters in

respect of which they are expressly required by law to act

independently or under the direction of a person or authority other

than a Minister;

(c) be accountable under this Act and other laws for the

manner in which they provide services, carry out their functions and

manage their resources, for their observance of the public

administration values and the Code of Ethics, and for their observance

of the Ministerial directions referred to in paragraph (b).

4. (1) Departments, agencies and government entities shall be

governed by the values inherent in the duties listed hereunder, and public

employees shall

(a) exercise any powers vested in them by law, and deliver

services to the public, courteously, expeditiously and impartially;

(b) provide objective and knowledgeable advice on matters

within their competence;

(c) efficiently and effectively implement the policies of the

government of the day;

(d) contribute towards the co-ordination of Government

policy in conjunction with departments, agencies, government

entities and Local Councils; and

(e) contribute through their own conduct to making their

workplace one which recognises talent, develops skills and abilities,

rewards performance, avoids discrimination and offers safety.

(2) Public employees shall uphold and promote the public

service values, and a failure to do so on the part of any public employee

may constitute grounds for disciplinary proceedings against that

employee under applicable rules and procedures.

(3) The Principal Permanent Secretary may issue directives

and guidelines aimed at upholding and better realising the public service

values, and public employees shall comply with such directives.

5. (1) The Code of Ethics set out in the First Schedule shall Code of Ethics.

apply to public employees.

(2) The Prime Minister may from time to time, by Order in

the Gazette, amend or substitute the First Schedule.

(3) It shall be the duty of all public employees to comply

with the Code of Ethics, and failure to do so on the part of any public

employee may constitute grounds for disciplinary proceedings against

that employee under applicable rules and procedures.

(4) The Principal Permanent Secretary may issue directives

and guidelines aimed at upholding and ensuring compliance with the

Code of Ethics and, with the concurrence of the Minister responsible

for the particular board or commission, he may also issue such guidelines

with respect to boards and commissions.

(5) The head of a department, agency or government entity

may, with the approval of the Principal Permanent Secretary, make rules

of ethical conduct, complementary and in addition to the Code of Ethics,

relating to the circumstances particular to that organisation, and the

term Code of Ethics in relation to public employees in that organisation

shall include such rules.

PART II

THE PUBLIC SERVICE

Title 1 – Organisation

6. (1) Where a Minister is assigned responsibility for any Ministers and

Ministers’

department of Government in terms of article 82 of the Constitution, secretariats.

that Minister shall, in line with article 92 of the Constitution, and without

prejudice to article 6 of the Interpretation Act, have the general direction

and control of all departments, agencies and government entities that

may be placed under his responsibility and may give directions directly

to the head of the department, Chief Executive Officer, Board of

Directors or any other employee falling within his responsibilities, on

any matter, except matters where the head of department, Chief

Executive Officer, Board of Directors or other employee is required by

any law to act—

(a)

independently; or

(b) in accordance with the direction of a person or authority

other than the Minister

Provided that where a Permanent Secretary has been appointed

to supervise the relative department, agency or government entity the

Minister shall inform the Permanent Secretary that he has given such

directions.

(2) A Minister may be assigned responsibility for any

department, agency or government entity including those listed in Part

II of the Second Schedule.

(3) The staff assigned to the secretariat of a Minister,

including advisors or consultants to the Minister, shall be deemed to be

occupying positions of special trust and shall, even if they are public

officers assigned on transfer, be appointed thereto on the basis of a

definite contract

Provided that on the expiration or termination of the contract,

the directives and guidelines mentioned in subarticle (4) shall apply.

(4) The Prime Minister may issue directives and guidelines

concerning the functions, administration and establishment of Ministers’

secretariats, the engagement of staff thereto, and the terms and conditions

under which such staff shall serve.

(5) Save as may otherwise be provided for by the Prime

Minister’s directives, a Minister’s secretariat shall be under the

supervision of a member of staff designated as Head of Secretariat who

shall report to the Minister.

(6) The provisions of subarticles (3), (4) and (5) of this

article shall apply mutatis mutandis to the secretariat of a Parliamentary

Secretary.

7. (1) A ministry shall be constituted as a distinct organisation

in its own right under every Minister who is assigned portfolio

responsibilities in accordance with article 82 of the Constitution, and

the ministry shall consist of

(a)

the Minister’s secretariat;

(b) the secretariats of such Parliamentary Secretaries as may

be appointed to assist the Minister;

(c)

the office of the Permanent Secretary; and

(d) such other divisions, directorates, sections, offices or

other units within the public service as may be placed or established

within the Ministry by the Prime Minister.

(2) Where more than one Permanent Secretary reports to

the same Minister (other than temporarily due to arrangements made

under articles 83 or 84 of the Constitution), the scope of responsibilities

of each Permanent Secretary shall be delineated by the Prime Minister.

8. (1) Departments of Government shall be those listed in the Departments.

Second Schedule.

(2) The functions of departments shall be in accordance with

the indicative summaries shown against the respective departments in

the Second Schedule.

(3) The Prime Minister may, by Order in the Gazette, amend

the Second Schedule to

(a)

establish a new department;

(b) abolish a department or change its name or function;

and

(c) change the titles of heads of department and other officers

as provided for in article 10.

(4) Departments which, by virtue of any applicable laws or

special administrative arrangements, are not subject to the direction

and control of a Minister in the performance of their main functions

shall be listed in Part II of the Second Schedule, but the applicability of

any such law to such a department shall not depend on its listing in the

Schedule.

9. (1) There shall be a Senior Appointments Advisory Senior

Appointments

Committee, hereinafter referred to as the Committee, that shall

Advisory

Committee.

(a) consult the relevant Minister about the duties attached

to and the results expected from any headship position that is vacant

or expected to become vacant;

(b) identify candidates for the position in accordance with

subarticle (2) of article 21 hereof, within the parameters set by the

Constitution; and

(c) give due account about the candidates and propose for

the Prime Minister’s consideration the candidate who in its opinion

is best suited on the basis of merit to fill the position.

(2) The Committee shall be chaired ex officio by the

Principal Permanent Secretary and shall consist of

(a) at least two other members, one of whom shall not be a

public officer, who shall be appointed by the Prime Minister; and

(b) any additional members co-opted by the Prime Minister

for the purpose of considering applicants for specific headship

positions.

(3) The Committee shall call upon the advice and assistance

of Permanent Secretaries in screening or short-listing candidates but

shall otherwise regulate its own procedure.

(4) No person may be appointed to a headship position to

which subarticle (4) of article 92 of the Constitution applies unless

(a) that person is eligible therefore by virtue of the grade

which he holds; or

(b) that person has served for six consecutive years in one

or more positions in the Senior Executive Service.

10. (1) The Prime Minister may from time to time determine

the position titles under which heads of department shall be appointed,

and such titles shall, by order of the Prime Minister published in the

Government Gazette, be listed next to the names of the departments in

the Second Schedule

Provided that the re-designation of a position while it is

occupied shall not be taken as a re-appointment of the incumbent or a

change to the terms of his appointment.

(2) The assignment by the Prime Minister of similar position

titles to different headship positions shall not mean that such positions

should necessarily attract the same status and terms and conditions.

(3) Where, in accordance with the provisions of this Act, a

headship position, or any other office in the public service, that has

been established or is assigned functions by another Act—

(a)

is assigned a new title; or

(b) is merged with another public office as a result of

organisational restructuring;

the title assigned to the office by the other Act (hereafter in this article

referred to as the “equivalent title at law”) shall be listed in the Second

Schedule along with the new title of the office or the office with which

it has been merged in terms of paragraph (a) or (b) as the case may be,

and subarticles (4) and (5) shall apply.

(4) Where any office in the public service is listed in the

Second Schedule along with an equivalent title at law—

(a) the powers assigned to the office under its equivalent

title at law shall vest in the holder of the office as currently titled;

and

(b) both titles shall be regarded as interchangeable for the

purpose of any law and a reference to one title in place of another

shall not invalidate any act or any legal proceedings.

(5) Where any law –

(a) assigns, or permits the assignment of, functions to staff

acting on behalf of the holder of a public office; and

(b) that office is listed in the Second Schedule as the

equivalent title at law of a second office;

such functions may be performed by staff in the department to which

the second office belongs, notwithstanding anything to the contrary in

the said law; but any conditions or requirements attached by the law to

the performance of such functions shall otherwise continue to apply.

(6) If a public office has more than one equivalent title at

law, subarticles (4) and (5) shall apply in respect of each such title.

11. The Permanent Secretary with respect to the head of any

department listed in the Second Schedule and the head of department with

respect to a member of staff as the case may be, shall ensure that the most

suitable officer as the case may be, and due account being taken of

seniority and technical abilities, is nominated for the purposes of subarticle

(5) of article 124 of the Constitution with the aim of exercising any powers

as are vested by any law if the head or other member of staff is absent from

his office and temporarily unable to discharge his duties so that such powers

shall be exercised during the period of the officer’s absence.

12. (1) Unless otherwise provided for in any other law, where

a board is supported by a secretariat consisting of public officers drawn

from a department, the board, limitedly in relation to administrative

matters and matters affecting the department as a whole, shall be subject

to the authority of the head of department.

(2) The secretariat of the board shall be under the direction

of an officer, hereinafter referred to in this article as “the designated

officer”, who shall follow the directions of the head of department within

which the board secretariat operates on the matters mentioned in

subarticle (1).

(3) A head of department shall not give directions to the

board or the designated officer on matters in respect of which the board

is required by law to function independently.

(4) In this article “board” includes any commission, council,

panel, committee or other similar body, not being a body established by

the Constitution, but does not include any ad hoc board set up for the

purpose of inquiring into the conduct of any public employee or the

operations of any department, agency, entity or such other similar body.

Title 2 – Leadership

13. (1) There shall be a Principal Permanent Secretary who

shall be head of the public service and who shall be appointed in terms

of article 14 of this Act.

(2) The Principal Permanent Secretary shall take instructions

from the Prime Minister.

(3) The Principal Permanent Secretary may, with the

concurrence of the Prime Minister, delegate any of his functions under

this article to one or more Permanent Secretaries or heads of department.

(4) The Principal Permanent Secretary shall

(a)

provide leadership to the public service;

(b) uphold and promote the public administration values

and the Code of Ethics, and monitor the compliance of public

employees therewith;

(c)

take measures to improve the performance of the public

service;

(d) assume overall responsibility for human resource

management and development within the public service;

(e) take measures to ensure coordination between

departments, agencies, government entities and Local Councils

and to ensure that agencies and government entities are complying

with the key policy objectives and management priorities of the

Government;

(f) provide leadership and direction to Permanent

Secretaries;

(g) set performance targets for Permanent Secretaries and

monitor their performance following consultation with the relative

Minister;

(h) advise the Prime Minister on matters relating to the

public service and the wider public sector, including the

appointment and termination of appointment of Permanent

Secretaries and heads of department; and

(i) perform any other function that may be assigned to him

by or under any law.

(5) The Principal Permanent Secretary shall assume the

headship and supervisory functions of a Permanent Secretary in relation

to the Office of the Prime Minister and the departments, agencies and

government entities under the Prime Minister’s responsibility

Provided that one or more additional Permanent Secretaries

may be appointed to assist the Principal Permanent Secretary in

accordance with such arrangements as the Prime Minister may make

under subarticle (2) of article 7.

14. (1) The Principal Permanent Secretary shall be appointed Appointment of

Principal Permanent

from amongst persons having the qualifications to be appointed Secretary.

Permanent Secretaries in terms of the Constitution.

(2) Where the Principal Permanent Secretary is not

appointed for any reason whatsoever, the Secretary to the Cabinet shall

assume the functions of Principal Permanent Secretary until such time

as a Principal Permanent Secretary is appointed.

15. (1) The Principal Permanent Secretary may issue directives

guidelines issued by

and guidelines as variously specified in this Act and may in addition

issue directives and guidelines on any matter relating to the organisation

Secretary in relation

and management of the public service, and in so doing he shall seek to

frame his directives in the best interests of the consumer and in such a

manner as to impose the least possible administrative burden.

(2) Public officers shall comply with all applicable directives

issued by the Principal Permanent Secretary, and officers who fail to

comply shall be liable to proceedings under the Disciplinary Regulations.

(3) Directives issued by the Principal Permanent Secretary

may incorporate guidelines to assist public officers in correctly applying

and observing the directives, and public officers shall accordingly have

regard to such guidelines.

(4) Directives and guidelines issued by the Principal

Permanent Secretary may apply for a definite or an indefinite period

and to any or all departments and public officers, according to the nature

of the provisions contained therein or as specified by the Principal

Permanent Secretary.

(5) The Principal Permanent Secretary may codify standing

directives and guidelines, together with any amendments that he may

make thereto from time to time, in the form of the Public Service

Management Code or other manuals on specific matters which he may

issue for this purpose.

(6) The Prime Minister may give directions to the Principal

Permanent Secretary concerning the issue, amendment or revocation

of any directives and guidelines.

16. (1) There shall be a Committee of Permanent Secretaries

which shall be chaired by the Principal Permanent Secretary, and which

shall consist of the Secretary to the Cabinet as deputy chairperson and

all Permanent Secretaries as members.

(2) The Permanent Secretaries shall fulfil their collegiate

responsibility for the performance of the public service, facilitate the

realisation of Government policies and ensure the achievement of

Government objectives that cut across ministries through the Committee

of Permanent Secretaries.

(3) The meetings of the Committee of Permanent Secretaries

shall be convened by the Principal Permanent Secretary as often as he

may deem necessary but at least once every three months.

(4) This article shall apply without prejudice to the

individual responsibility of Permanent Secretaries to their Ministers,

and to the Prime Minister through the Principal Permanent Secretary,

for the achievement of Government objectives.

17. (1) Where, in accordance with subarticle (2) of article 92 Supervision of

departments by

of the Constitution, a Permanent Secretary is charged with the Permanent

supervision of one or more of the departments of Government that are Secretaries.

listed in Part I of the Second Schedule, he shall ensure that each

department is

(a) working towards the timely and effective fulfilment, in

conjunction with other government organisations as appropriate,

of his Minister’s and the Government’s policy objectives;

(b) being managed according to law, the public service

values, the Code of Ethics, and applicable policies and directives

governing staff conduct, management and the use of resources;

and

(c) operating economically, efficiently and effectively and

delivering any services to the public to a satisfactory standard.

(2) A Permanent Secretary shall advise his Minister on all

matters pertaining to the departments under his supervision.

(3) A Permanent Secretary may give directions to and set

targets for a head of department on any matter in fulfilment of his duties

under subarticle (1), and he shall monitor and assess the head of

department’s performance in relation to such directions and targets

Provided that a Permanent Secretary may not give directions

to or set targets for a head of department on matters where the head is

required by any law to act independently or in accordance with the

direction of a person or authority other than a Minister.

(4) A Permanent Secretary may, with the concurrence of

the Prime Minister, exercise his powers of supervision of a department

of government through another public officer of suitable seniority.

(5) A Permanent Secretary shall be answerable to his Minister

and, through the Principal Permanent Secretary, to the Prime Minister for

the performance of the departments under his supervision notwithstanding

any arrangements that may be in effect under subarticle (4).

(6) Where a Permanent Secretary is charged with the

supervision of one or more of the departments listed in Part II of the

Second Schedule, this article shall apply subject to the following

limitations

(a) paragraph (a) of subarticle (1) and subarticle (2) shall

not apply; and

(b) subarticle (5) shall apply only as may be compatible

with paragraph (a) of this subarticle.

18. (1) Besides any other duties that may be assigned or

delegated to him by or under any law, it shall be the duty of a head of

department—

(a) to manage the activities and programmes of the

department efficiently, effectively and economically;

(b) to ensure that the department achieves a satisfactory

standard in the delivery of any services to the public and the

business community with the least possible bureaucratic processes;

(c) to tender advice to the relative Minister through the

Permanent Secretary and to other authorities as appropriate on

matters within the department’s competence;

(d) to establish performance indicators covering the

programmes and activities of the department, and to set

performance targets for public officers serving in the department;

and

(e) to coordinate the activities of the department with those

of other government organisations in the best interests of efficiency,

effectiveness and service quality.

(2) The head of a department that is listed in Part I of the

Second Schedule shall answer to his Minister through the Permanent

Secretary and shall discharge his duties under subarticle (1) in

accordance with their lawful directions.

(3) The head of a department that is listed in Part II of the

Second Schedule shall discharge his duties under subarticle (1) in

accordance with the laws governing his department and any special

administrative arrangements that may apply thereto.

19. (1) There shall be a Senior Executive Service which shall Senior Executive

Service.

be headed by the Principal Permanent Secretary and shall consist of

(a)

Permanent Secretaries;

(b) heads of the departments listed in the Second Schedule;

(c) senior public officers within each ministry who have

been charged with primary responsibility for any of the following

or similar functions

(i)

the management of corporate services;

(ii) policy development;

(iii)

the application of indicators of efficiency;

(iv)

the co-ordination of European Union affairs; and

(v) information management; and

(d) the holders of such other senior public offices as the

Prime Minister may designate for this purpose.

(2) Officers in a ministry or department who are members

of the Senior Executive Service shall constitute the senior management

team of that ministry or department, and in relation thereto they shall,

without prejudice to the authority of the head of the department or

ministry, be collectively responsible for

(a) promoting and upholding the public administration

values, the Code of Ethics, and applicable policies and directives

governing staff conduct, management and the use of resources;

(b) achieving satisfactory levels of efficiency and quality

in the delivery of any public services; and

(c) achieving Government objectives, in coordination as

necessary with other units, departments, agencies and government

entities.

(3) A member of the Senior Executive Service shall be

individually responsible in relation to his area of responsibility for the

matters listed in subarticle (2); and he shall be liable to proceedings

under the Disciplinary Regulations if he fails to prevent or correct

misconduct or negligence on the part of his subordinates where he could

reasonably have taken steps to do so.

(4 ) Offices within the Senior Executive Service may be

established, abolished or retitled only by the Prime Minister, who may

prescribe the terms on which appointments to such offices shall be made

Provided that this subarticle shall not be read as conferring

power to change the terms of an officer’s appointment during the course

of that appointment;

Provided further that an office may be abolished only if any

of the conditions listed under subarticle (4) of article 23 applies.

(5) The Prime Minister may delegate his powers under

paragraph (d) of subarticle (1) and subarticle (4) to the Principal

Permanent Secretary or to other senior public officers in such respects,

and under such conditions, as he may prescribe.

Title 3 – Public officers

20. (1) A public officer may be assigned to a post in any

department in the public service which involves performance of the

duties of his grade or position, and he may also be transferred to such a

post in any other department.

(2) Such initial assignment or transfer may be made by the

Principal Permanent Secretary or by any other public officer delegated

by him for the purpose.

21. (1) Except as otherwise provided for in this or any other

Act, appointments to public offices shall be made by competitive

selection on merit.

(2) For the purpose of this article, competitive selection on

merit means the selection of the candidate best suited for the office on

the basis of an assessment of eligible candidates’ individual and relative

merits against the requirements of that office.

22. Subject to the provisions of the Constitution, articles 181B

and 469A of the Code of Organization and Civil Procedure, this Act,

and the Public Service Management Code, a head of department shall

exercise in relation to public officers in his department all rights, duties

and powers of an employer in relation to his employees.

23. (1) A head of department may in writing create positions Power to create,

abolish and classify

in his department in accordance with such directives and guidelines as positions.

may be issued in that respect by the Principal Permanent Secretary.

(2) Positions shall be classified, and the terms and conditions

of service applicable thereto determined, in accordance with such

directives and guidelines on classification as may be issued by the

Principal Permanent Secretary with the approval of the Prime Minister.

(3) A head of department may retitle a position in his

department and alter the duties attached to it, and if necessary the position

shall be reclassified in accordance with subarticle (2)

Provided that this subarticle shall not be read as conferring

power to change the terms of an officer’s appointment during the course

of that appointment.

(4) A head of department may abolish a position in his

department only in the following cases

(a) where a position has been filled through a contract of

service for a fixed term or for the duration of a specified task, on

the conclusion of that term or task; or

(b) if the position is vacant; or

(c)

if the position is no longer needed by the department.

(5) No person in any position may be paid a remuneration

which is less than that applicable to his grade.

24. (1) A head of department may appoint a person to fill a Appointments to

positions.

position in a department under his charge in accordance with such

directives and guidelines as may be issued by the Principal Permanent

Secretary in relation thereto.

(2) Appointments to positions shall be made in the manner

prescribed under article 110 and paragraph (1) of article 121 of the

Constitution and in accordance with article 21 of this Act, and before

making an appointment to a position a head of department shall—

(a) advertise the position in such a manner as to allow

eligible persons a reasonable opportunity to apply for the position;

and

(b) appoint a selection panel to examine applicants and to

make recommendations based on the criteria set out in article 21.

(3) Any person appointed to a position in terms of this article

shall, for the duration of his appointment, be considered a public officer

and shall have all the rights, powers and duties pertaining thereto under

this law and any applicable law, even if he does not hold a grade.

(4) A head of department may make an appointment to a

position for a fixed term or for the duration of a specified task.

(5) An appointment for a fixed term may, subject to the

provisions of any other law, be extended for one further term without

recourse to a fresh call for applications.

(6) The Principal Permanent Secretary may issue directives

and guidelines on matters of employment including but not limited to

(a)

the definition of eligibility requirements for positions;

and

(b) the conditions under which heads may make

appointments;

so however that where the tasks that are to be carried out are intermittent

or not on a regular basis, they shall be commissioned though a contract

for service.

(7) The Principal Permanent Secretary shall consult with

the Public Service Commission before issuing directives and guidelines

under this article, and in so far as such directives and guidelines deal

with matters falling within the scope of subarticle (1) of article 110 of

the Constitution they may only be issued with the agreement of the

Public Service Commission.

25. (1) A head of department may opt to fill a position through

the appointment of a public officer who holds a grade or position at a

level comparable to the vacant position, such that the officer so appointed

shall not obtain better terms and conditions, including salary, than those

pertaining to his grade or to his previous position solely by virtue of

this lateral appointment.

(2) Where a position is filled in terms of subarticle (1), a

competitive selection need not be carried out and in this respect article

21 shall not apply to appointments made in accordance with this article.

26. (1) A public officer may not be removed from a position Removal

positions.

except in the following cases

(a) as a sanction in accordance with the Disciplinary

Regulations; or

(b) at the end of the term for which the appointment to the

position was made; or

(c)

where the position is abolished.

(2) Where a public officer in a grade has been appointed to

a position in accordance with the provisions of this Act, he shall retain

his grade and shall, on the expiry or termination of his appointment to

the position, be assigned work in his grade, unless his appointment to

the grade has also been terminated or he is declared surplus to

requirements in terms of article 28.

27. (1) The grades to which public officers may be appointed Grades.

shall be those listed in the Third Schedule.

(2) The Minister responsible for the public administration

may, by Order in the Gazette, add new grades to the Third Schedule

and abolish or retitle any of the grades listed therein.

(3) The Minister responsible for the public administration

shall, after informing the Public Service Commission, establish the

eligibility requirements for appointments to each grade including, where

applicable, rules of progression.

(4) The Minister responsible for the public administration

may delegate his powers under this article to the Principal Permanent

Secretary or to other senior public officers in such respects, and under

such conditions, as he may prescribe.

(5) Whenever the terms and conditions of a public officer’s

appointment are in conflict with the Third Schedule, such terms and

conditions shall prevail.

(6) Appointments to grades shall be made in the manner

prescribed under article 110 and subarticle (1) of article 121 of the

Constitution and based on the eligibility requirements prescribed under

subarticle (3), and except as otherwise provided by the foregoing, in

accordance with article 21 of this Act.

28. (1) In this article “Surplus Pool” means those public officers

who are assigned thereto as provided by subarticle (2) hereof because

they are surplus to requirements, that is

(a) they are not needed in their current posts and cannot be

transferred or laterally appointed to other duties within their

respective department; and

(b) they cannot be transferred to another department in terms

of article 20.

(2) The Principal Permanent Secretary may by direction in

writing assign a public officer who is surplus to requirements to the

Surplus Pool, concurrently —

(a) assigning the said officer such duties in any department

as the Principal Permanent Secretary may deem appropriate in view

of the officer’s skills and abilities; or

(b) assigning such officer for retraining in a specialisation,

skill or profession in which the public service has a shortage of

staff.

(3) A public officer in a substantive grade who is assigned

to the Surplus Pool shall retain his substantive grade.

(4) An officer who has been retrained to a satisfactory

standard in terms of paragraph (b) of subarticle (2) may be withdrawn

from the Surplus Pool and appointed by the Principal Permanent

Secretary to a grade or position appropriate to the officer’s new skills

provided that in the case of such appointments the provisions of article

21 need not be applied.

(5) The duration of the assignment under subarticle (2) shall

be determined by the Principal Permanent Secretary.

29. Articles 21 to 26 inclusive and 28 hereof shall have effect

certain provisions in

subject to there being an instrument of delegation in force under article

110 of the Constitution, and they shall cease to have effect to the extent

that such delegation is withdrawn, suspended or derogated from by

amendment, until such time as the instrument is restored.

30. Once the relative articles are brought into force in terms of

subarticle (2) of Article 1 of this Act, the Public Service Commission

the Merit Protection

shall, acting in accordance with subarticle (1) of article 121 of the

Constitution, extend to the public service any or all of the provisions of

articles 33 and 34 of this Act, assuming directly in respect of the public

service the powers therein assigned to the Merit Protection Commission

Provided that the restrictions applying to the Merit Protection

Commission concerning matters under the jurisdiction of the Industrial

Tribunal shall not apply to the Public Service Commission acting in

relation to the public service and public officers.

31. (1) The Public Service Commission shall ensure, in so far Recommendation

as its powers under articles 33 and 34 of this Act (as extended to the on victimisation.

public service under article 30) permit, that no public officer is victimised

for making any report to his superior, to the Commission or to another

relevant authority about any breach of the Code of Ethics or of any

other provision of this or any other Act.

(2) Where the Public Service Commission finds that a public

officer has been victimised as aforesaid in a manner that it is unable to

prevent or redress, it shall make a report to the Prime Minister or to

other authorities recommending such measures to redress the situation

as it considers appropriate.

PART III

MERIT PROTECTION COMMISSION,

AGENCIES AND GOVERNMENT ENTITIES

Title 1 – The Merit Protection Commission

32. In addition to its functions under any other law the Public Public Service

Commission to act

Service Commission shall act as a Merit Protection Commission (in as Merit Protection

this Title referred to as the “Commission”) for the purposes of this Act. Commission.

33. (1) Subject to subarticle (3), the functions of the Functions of the

Commission.

Commission shall be

(a) to audit the appointment of employees of government

agencies and government entities to verify that these are made in

accordance with article 21;

(b) to monitor and suggest amendments to directives and

guidelines on employment matters issued by the Principal

Permanent Secretary in relation to agencies and government

entities, as well as the application of such directives and guidelines;

and

(c) unless otherwise catered for in the legislation, Order or

instrument setting up the government entity, agency, board or

commission or any other similar organisation or body, to inquire

into reports that the directives issued by the Principal Permanent

Secretary have not been adhered to.

(2) In performing its functions in virtue of paragraph (a) of

subarticle (1) the Commission shall operate through after-the-event

scrutiny and shall not subject any agency or government entity to any

requirement to obtain the Commission’s clearance or approval in

advance of making appointments or taking decisions, except as a

temporary measure in cases where the Commission —

(a) finds that the provisions of this Act have been, or are

likely to be, breached; and

(b) is of the view that such a measure is necessary to prevent

further breaches of this Act until such time as the Commission is

able to conclude any investigations and take corrective measures.

(3) The Commission shall not hear and investigate

complaints on matters which are assigned exclusively by any other law

to any other body or to the jurisdiction of the Industrial Tribunal referred

to in the Employment and Industrial Relations Act, and if any such

complaints are made to the Commission it shall refer the complainants

to the Tribunal; but in relation to such matters the Commission may—

(a) on its own initiative inquire into and investigate any cases

with respect to which no formal complaints have been raised; and

(b) follow up a decision or award of the Industrial Tribunal

with a view to taking additional remedial action under paragraph

(c) of subarticle (4) and subarticle (5) of article 33 of this Act.

(4) The Commission shall regulate its own procedure in the

discharge of its functions under this Act.

34. (1) For the purposes of its functions under this Act the

Commission may

(a) carry out such inspections and investigations as it may

deem necessary;

(b) summon any person to appear before it and give evidence

on oath;

(c) request in writing the production of information,

documents or files in the custody of any public employee for the

purpose of examining the same or making copies thereof; and

(d) enter the premises of any agency or government entity,

subject to compliance with any legal requirements placed by any

law on the police for the same purposes.

(2) Article 6 of the Inquiries Act shall apply to the

investigations undertaken by the Commission and any summons or

requests it may make in pursuit thereof.

(3) Without prejudice to subarticles (4) and (5) and article

34, the Commission’s findings may be used in evidence in any civil

cause that may be filed by the injured party but, notwithstanding any

other law, the members of the Commission cannot be called to give

evidence.

(4) The Commission shall make a report to the Prime

Minister following every investigation under this Act, and where it finds

that an employment decision has been made otherwise than in conformity

with the provisions of this Act it shall

(a)

annul the decision in question;

(b) issue such directives as it may consider necessary to

redress the situation; and

(c) recommend the taking of such disciplinary or criminal

action as it may consider appropriate in the circumstances.

(5) Without prejudice to any disciplinary or criminal action

that may be taken in accordance with paragraph (c) of subarticle (4),

where an employee of a government agency or government entity has

made an employment decision that is not in conformity with the

provisions of this Act the Commission may remove the employee from

his position and/or interdict him from appointment or re-appointment

for a maximum period of five years.

(6) Notwithstanding the provisions of any other law, the

decisions taken and directives issued by the Commission under

paragraphs (a) and (b) of subarticle (4) and under subarticle (5) shall be

binding on the organisation to which they apply, and the board of

directors or head of the organisation as applicable shall ensure that the

Commission’s decisions and directives are complied with.

(7) The Commission shall, as soon as possible after the

conclusion of each year of its activity, make an annual report to the

Prime Minister about its workings during the said year, and the Prime

Minister shall, as soon as possible after he has received the said report,

lay it on the Table of the House of Representatives.

35. The provisions of this Title, unless otherwise indicated in

this Act, shall only apply to agencies and government entities.

Title 2 – Agencies

36. (1) A government agency may be set up by or under any

law or by Order of the Prime Minister in the Gazette.

(2) An Order establishing an agency under this Act shall

serve as the basic charter governing the agency’s operations and it shall

(a)

set out the functions and duties of the agency;

(b) specify which Minister is responsible therefor;

(c) prescribe the financial arrangements applying to the

agency in accordance with article 41;

(d) set out any other special arrangements applying to the

agency; and

(e)

amend the Fourth Schedule.

(3) All government agencies established in accordance with

subarticle (1) shall be listed in the Fourth Schedule together with an

indicative summary of their functions.

(4) The Prime Minister may by Order in the Gazette

(a) abolish an agency established by Order under this Act

and listed in the Fourth Schedule; or

(b) amend the functions and duties thereof as well as amend

any other matter provided for in subarticle (2) hereof

Provided that any such Order shall provide for the necessary

amendments to the Fourth Schedule.

37. (1) A government agency shall be a body corporate having

a separate and distinct legal personality and capable of entering into

contracts, of employing personnel, of acquiring, holding and disposing

of any kind of property for the purposes of its operations, and of suing

and being sued, and to which any function or operation of Government

may be assigned under this or any other law.

(2) The legal and judicial representation of an agency shall

lie in its Chief Executive Officer or such other officer of the agency as

the Minister responsible for it may from time to time appoint by notice

in the Gazette

Provided that for the purposes of article 181B of the Code of

Organisation and Civil Procedure, where such other officer is duly

designated, any reference to the Chief Executive Officer in a judicial

action or act shall automatically apply to the officer so designated.

38. (1) Except in so far as expressly precluded by any other law Directives and

guidelines issued by

or any Order establishing an agency under this Act, the Principal Permanent the Principal

Secretary may in addition to his powers under articles 4, 5 and 40 issue Permanent

Secretary in relation

directives and guidelines to any or all government agencies to –

to agencies.

(a) ensure that agencies coordinate their activities with other

agencies, departments, government entities and Local Councils as

applicable;

(b) put into effect measures to improve the performance of

agencies and the quality of the services they deliver to the public;

(c)

provide for matters relating to employment, including –

(i) the redeployment of staff to, from or between

agencies; and

(ii) the application of the merit principle and the

establishment of safeguards in relation thereto;

(d) establish mechanisms for staff classification and the

determination of pay levels; and

(e) put into effect such other policy objectives and

management priorities as the Government may from time to time

set out.

(2) Chief Executive Officers and employees of government

agencies shall comply with all applicable directives issued by the

Principal Permanent Secretary, and failure to comply shall be grounds

for disciplinary proceedings under any applicable procedures.

(3) The Principal Permanent Secretary shall seek to frame

his directives in the best interests of the consumer and in such a manner

as to impose the least possible administrative burden on agencies

consonant with the achievement of Government objectives, bearing in

mind any directives issued in virtue of article 72 of the Financial

Administration and Audit Act.

(4) Subarticles (3) to (6) of article 15 shall apply mutatis

mutandis to the directives issued by the Principal Permanent Secretary

under this article.

39. (1) Save as otherwise provided in any other law or in any

Order establishing an agency, the Chief Executive Officer of any agency

shall be under the general direction and control of the Minister

responsible for the agency and, subject to such direction and control,

under the supervision of the Permanent Secretary of that ministry.

(2) Save as aforementioned, where an agency is subject to

supervision by a Permanent Secretary article 17, except for subarticle

(6) thereof, and article 18 shall apply to the agency and its Chief

Executive Officer in the same manner as to departments and their heads.

40. (1) A government agency shall enter into an agency

performance agreement with the Permanent Secretary responsible

therefor, or, where a Permanent Secretary is not appointed, with the

relative Minister, and such agreement shall set out the tasks to be

addressed by the agency, the targets it is expected to meet, and the funds

available to it.

(2) An agency performance agreement shall cover a period

of one year to three years and shall be renewable in accordance with

such directives and guidelines as the Principal Permanent Secretary may

issue governing the development of agency performance agreements.

41. (1) The Prime Minister shall, in consultation with the

Minister responsible for finance, decide on the manner in which an

agency should be financed and whether and to what extent the provisions

of the Financial Administration and Audit Act shall apply to the agency.

(2) The following provisions shall apply

(a) heads of agency shall keep proper books of accounts in

such a manner as the Minister responsible for finance may from

time to time direct;

(b) such accounts shall be subject to audit by an auditor

appointed for the purpose by the head of each agency with the

concurrence of the Minister responsible for finance and shall

moreover be subject to scrutiny by the Financial Management

Monitoring Unit, and audit by the Internal Audit and Investigations

Directorate and the Auditor General as the case may be;

(c) not later than six weeks after the end of each financial

year, the head of each agency shall present to his Minister through

the relative Permanent Secretary an audited statement of accounts

together with a report on the workings of the agency which shall

state the manner in which the agency has operated to fulfil its

functions and its plans for the future; and

(d) this report shall be laid before the House by the Minister

responsible for the agency not later than six weeks after its receipt

or, where the House is not in session, not later than the second

week after the House resumes its sittings.

42. (1) The Minister responsible for an agency may establish Advisory boards.

an advisory board to assist the Chief Executive Officer in the discharge

of his duties.

(2) An advisory board established under this article shall

be chaired by the Chief Executive Officer and shall consist of not less

than two and not more than four members appointed by the Minister

responsible for the agency.

(3) The remuneration paid to members of an agency

advisory board shall be in accordance with any directives and guidelines

issued by the Principal Permanent Secretary in relation thereto.

43. The Principal Permanent Secretary may, following the Detailing of public

officers with an

direction of the Prime Minister, detail or revoke the detailing of a public agency.

officer for duty with an agency for such a term and under such conditions

as he may prescribe.

44. (1) Where a public officer is detailed for duty with an Pension rights and

other arrangements.

agency such officer shall, during the time in which such direction is in

force, be under the administrative direction and control of the head of

the agency, but shall otherwise remain and retain all rights and duties as

a public officer, and for the purpose of any law relating to government

service pensions, service with any such agency shall be deemed to be

service with the Government

Provided that in assessing the pensionable emoluments of such

officer for the purposes of any law relating to government service

pensions, no account shall be taken of any allowances, bonuses or

gratuities paid to such officer by the agency in excess of what he is

entitled to as a public officer

Provided further that during the time in respect of which he is so

detailed to perform duties with the agency his terms and conditions of

service shall not be less favourable than those which are attached to his

appointment with the Government during the period aforesaid. Such

terms and conditions shall not be deemed to be less favourable because

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

officer concerned at the date of such detailing, if in the opinion of the

Prime Minister such terms and conditions, taken as a whole, offer

substantially equivalent or greater benefits.

(2) (a) For the purposes of calculating pensionable

emoluments, posts and salary grades with an agency shall be classified

in the most nearly corresponding grades and incremental levels in the

services of the Government of Malta by reference to job descriptions,

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 Minister responsible for the agency and one appointed by the

agency. 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 the salaries of employees in Government

service or of employees of the agency.

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

that of a Grade 3 in the service of 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 article 113 of the Constitution,

no person may, following a classification as aforesaid, be entitled to

rights under the Pensions Ordinance less favourable than those to which

he would have been entitled prior to such classification.

(f) Without prejudice to any other law, where on the

date of the coming into force of this Act, arrangements which should

have been made with respect to public officers that have been detailed

in terms of any applicable law have not been finalised, the Prime Minister

may issue regulations with the purpose of resolving any administrative

difficulties that may have arisen between the time that a public officer

has been detailed.

45. The provisions of this Title shall apply to all Government Application of this

Title.

agencies except in so far as they may conflict with the provisions of

any other law regulating an agency.

Title 3 ––Government entities, boards and commissions

46. Subject to any other law governing a government entity, the Application of

certain articles of

Prime Minister may by Order in the Gazette extend to any such entity this Act and of other

and/or the officers and employees thereof, the applicability of any of laws.

the provisions of this Act which do not already apply thereto as well as

the applicability of any other law applying to the public service or to

public officers.

47. (1) A government entity which is subject to the direction Supervision of

government entities

and control of a Minister shall, to the extent delegated by that Minister, by Permanent

be subject to supervision by the appropriate Permanent Secretary, in Secretaries.

which case the Permanent Secretary may be empowered to issue

directions to the entity and to instruct or advise Government

representatives on the entity’s governing board.

(2) A Permanent Secretary who is supervising a government

entity in terms of subarticle (1) shall ascertain that it is—

(a) working towards the timely and effective fulfilment, in

conjunction with other government entities as appropriate, of the

Minister’s and the Government’s policy objectives;

(b) being managed according to law, the public

administration values, the Code of Ethics, and applicable policies

and directives governing staff conduct, management and the use

of resources; and

(c) operating economically, efficiently and effectively and

delivering any services to the public to a satisfactory standard.

(3) In fulfilment of his duties under subarticle (2), a

Permanent Secretary may, in consultation with the relative Minister,

establish targets for the entity and require any information except where

this is precluded by law.

(4) A Permanent Secretary shall report to his Minister on

the performance of the government entities under his supervision.

48. (1) The Principal Permanent Secretary may extend to boards

and commissions any or all of the directives and guidelines referred to

in this Act, after consultation with the Prime Minister or with the Minister

where the Prime Minister has appointed a Minister with responsibility

for the public administration.

(2) The provisions of article 47 shall mutatis mutandis also

apply with respect to boards and commissions.

(3) The directives and guidelines mentioned in subarticle

(1) and the supervision referred to in subarticle (2) shall apply to

administrative and day-to-day affairs of boards and commissions without

prejudice to the rights and duties of the said boards and commissions to

carry out those functions or roles for which they are set up.

(4) In this article, “boards and commissions” includes any

council, committee, panel or similar body not already catered for by

this Act and in any case shall not apply to any commission or authority

established by the Constitution.

PART IV

MISCELLANEOUS

49. The Prime Minister may make regulations to give effect to

any of the provisions of this Act and the enforcement thereof, and without

prejudice to the generality of the foregoing such regulations may provide

for

(a) the better management and administration of the public

service, government agencies and government entities;

(b) the manner in which the accounts and records of

government agencies and government entities are to be kept;

(c) the manner in which goods and services are to be

procured by any or all government agencies or government entities,

and the procedures to be adopted in connection therewith;

(d) the sanctions that may be applicable in case of breaches

of the Code of Ethics;

(e) the manner in which public officers shall be detailed,

released, deployed, attached or seconded with agencies and

government entities, and the rights accruing to such officers, so

however that the Prime Minister may, without prejudice to any

vested rights, also issue regulations with a view to resolving any

matter outstanding as at the time of the coming into force of this

Act; and

(f) the recruitment in public administration of nationals of

member states of the European Union other than Malta and

nationals of other countries enjoying similar rights in relation to

the free movement of workers

Provided that posts involving the exercise of public authority

and the safeguarding of the general interests of the State, and

particularly those listed herein, may be reserved for Maltese

nationals

(i) posts in the Office of the President, the House of

Representatives, the Prime Minister’s and Ministers’

Secretariats, the Cabinet Office, and the offices of the Principal

Permanent Secretary and of Permanent Secretaries;

(ii) the Judiciary, posts involving the preparation of

expert advice in the field of prosecution of offences or

lawmaking, and posts entailing responsibility for advisory

constitutional bodies;

(iii) posts involving the sovereignty of the State,

including diplomatic and foreign representation;

(iv) posts in the Office of the Prime Minister and the

Ministries of Finance, Justice, Home Affairs and Foreign

Affairs;

(v) posts within departments charged with the

protection of the economic interests of the State, including

tax authorities;

(vi)

positions in the Senior Executive Service;

(vii) posts in the disciplined forces and offices

responsible for defence matters; and

(viii) posts in the security services and in the field of

civil protection and defence.

50. In paragraph (b) of subarticle (1) of article 181B of the Code Amendment to

article 181B of the

of Organisation and Civil Procedure, for the words “by the Code of

Administrative Secretary” there shall be substituted the words “by the Organisation and

Civil Procedure.

Principal Permanent Secretary”.

51. Immediately after paragraph (c) of article 6 of the

Interpretation Act, the following proviso shall be added

“Provided that on employment, promotion or disciplinary

matters in relation to individual employees, such direction may

only be given by the Prime Minister and in such a case the head of

department shall inform the Public Service Commission.”

A

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 5 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Code of Ethics.

PART II

THE PUBLIC SERVICE

Title 1 – Organisation

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

First Schedule — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

CODE OF ETHICS

(Article 5)

A. Principles

1. This Code of Ethics is adopted within a framework of principles which are

fundamental to the ethos governing behaviour. These have been identified as public

trust; serving the public and the business community; responsibility to the Government

of the day; productivity and flexibility; and public employees’ rights.

2. The public has a right to expect that public sector organisations and their

employees are of the highest integrity and competence and serve all citizens fairly,

reasonably, equitably and efficiently.

3. Public employees shall provide impartial and accurate advice to the

Government of the day and shall implement its policies promptly, efficiently and

effectively.

4. The public and the business community have a right to expect that public

employees will seek to meet their legitimate needs promptly and courteously.

5. The nation expects public employees to be committed to a constant quest for

innovation, improved productivity, and the simplification of procedures, so as to

contribute to national economic growth and competitiveness.

6. Public employees shall make full use of information and communication

technology as an essential tool in the improvement of public administration and the

delivery of better services, and they shall ensure that they possess the necessary skills

to this end.

7. Public employees’ rights are all the rights of employees, within the provisions

of legislation and regulations.

B. Conflicts of Interest

8. A conflict of interest may be defined as a situation in which a public employee

has a private or personal interest sufficient to influence or appear to influence the

objective exercise of his or her official duties.

9. Public employees shall avoid any financial or other interest or undertaking

that could directly or indirectly compromise the performance of their duties.

10. In many cases only the individual employee will be aware of the potential

for conflict. Therefore, the onus is on the employee to disclose to his or her senior if

a potential or actual conflict of interest arises.

11. This includes the notification of all relevant personal, financial, business or

other interests, in particular

(a)

any directorship, partnership, agency or any shareholding;

(b) any interest in any activity or business in which or with which the

organisation is engaged;

(c) any interest in goods or services recommended or supplied to the

organisation.

12. Public employees shall notify the head of the organisation in writing within

a week whenever any of the above interests arise namely, upon assuming office, change

in duties or due to a change in circumstances.

C. Acceptance of Gifts or Benefits

13. No public employee or any member of his household shall accept gifts or

services such as might be deemed to create an obligation, real or imagined.

14. A gift can be interpreted as an inducement or a reward simply because of its

intrinsic value and therefore only token gifts may be accepted.

D. Personal and Professional Behaviour

15. Public employees shall perform any duties associated with their positions

diligently, impartially and conscientiously, to the best of their ability.

16. In the performance of their duties, public employees shall

(a)

keep up to date with advances and changes in their area of expertise;

(b) comply with any relevant legislative or administrative requirements;

(c) treat members of the public and other staff members with courtesy and

sensitivity to their rights;

(d) provide all necessary and appropriate assistance to members of the

public;

(e)

maintain adequate documentation to support any decisions made;

A

(f) strive to obtain value for public money spent and avoid waste and

extravagance in the use of public resources;

(g) not take or seek to take improper advantage of any official information

gained in the course of employment;

(h) not wilfully supply incorrect or misleading information;

(i)

not indulge in favouritism or nepotism.

17. At all times the behaviour of a public employee shall be in such a way as not

to discredit his or her position and not to reflect adversely on the public service.

18. Public employees shall be expected to give full support to the Government

of the day regardless of which political party or parties are in office. When implementing

Government policy, public employees’ own values and beliefs shall not take precedence

over those explicit or implicit in Government policy.

19. Public employees shall not harass or discriminate in work practices on the

ground of sex, marital status, pregnancy, age, race, colour, nationality, physical or

intellectual impairment, sexual preference, or religious, political or other convictions /

allegiances when dealing with their colleagues and members of the public.

20. Public employees have a duty to report to a senior employee any unethical

behaviour or wrongdoing by any other public employee during the course of his or her

duties.

E. Fairness and Equity

21. Issues or cases being considered by public employees shall be dealt with

consistently, promptly and fairly. This involves dealing with matters in accordance

with approved procedures, without discrimination on any grounds. There is an

obligation to treat each issue reasonably and with a view to meeting the principles of

natural justice.

22. When using any discretionary powers public employees shall ensure that

they take all relevant facts into consideration and have regard to the particular merits

of each case.

F. Use of Official Information

23. A public employee shall only disclose official information or documents

acquired in the course of his or her employment when required to do so by law, in the

course of duty, or when proper authority has been given. In such cases, comments

made by public employees shall be confined to factual information and shall not express

opinion on official policy or practice.

A

24. A public employee as defined in article 2 of the Public Administration Act

shall not accept employment in the private sector if he will be placed in a position to

make use of “insider information” if such information came to his knowledge as a

direct result of his public employment.

G.

Use of Official Facilities and Equipment

25. It is expected that public employees shall

(a) be efficient and economical in the use and management of public

resources;

(b) be scrupulous in their use of public property and services and not permit

their abuse by others.

26. Official facilities and equipment shall not be used for private purposes unless

prior official permission has been given.

H.

Outside Employment and Termination

27. The prior approval of the Permanent Secretary of the Ministry concerned or

the Chairperson/Chief Executive Officer is required before public employees may

engage in any form of business or employment outside their official duties.

28. In all cases when outside employment is considered, public employees shall

give their public sector employment first consideration and avoid situations which

could give rise to, or the appearance of, a conflict of interest. In particular, they must

consider whether the company or organisation concerned is in, or entering into, a

contractual relationship with the Government, whether its primary purpose is to lobby

government organisations or members of Parliament, or whether it is in a regulatory

relationship with the organisation.

29. Former public employees shall ensure that they do not accept employment

or engage in activities which may cast doubts on their own integrity or that of the

organisation in which they were previously employed or of the Public Service generally.

I.

Political Participation and Comment

30. It is of the greatest importance that public confidence in the impartiality of

the public administration shall not be impaired in any way. Public employees need to

ensure that their participation in political activities does not bring them into conflict

with their primary duty to serve the Government of the day. This is important in order

to maintain ministerial and public trust in the impartiality of the advice given, and

actions taken, by public employees.

A

31. Likewise public employees need to ensure that the spirit of paragraph 30

hereof is respected whenever they are asked to make a public comment. Public comment

includes public speaking engagements, comments on radio and television and expressing

views in letters to the newspapers or in books, journals or notices or where it might be

expected that the publication or circulation of the comment will spread to the community

at large.

32. Determining what is appropriate in any particular case will depend on the

extent of the participation of the individual, the nature of the issue, the position held by

the individual and existing regulations within the organisation concerned.

33. If a public employee becomes aware that a potential conflict, whether real

or apparent, has arisen or is likely to arise, the public employee shall immediately

inform the head of his or her organisation.

34. If a conflict of interest does arise, the public employee may have to stop

participating in political activity or withdraw from areas of his or her duties giving rise

to the conflict of interest.

J.

Sanctions

35. Sanctions may be applied if public employees are involved in breaches of

this Code of Ethics.

36. The sanctions applied shall depend on the seriousness and nature of the

breaches and may entail formal disciplinary and/or criminal action as applicable.

37. Whenever appropriate, counselling by a supervisor or member of senior

staff may also be given.

A

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 6 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Ministers and Ministers’ secretariats.

7. Ministries.

8. Departments.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Second Schedule — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

DEPARTMENTS

(Article 8)

Part I

Departments other than those not subject to ministerial control

Heado!

E'quivaielll title at law

Function o/lhe department

Department

Other ojJices

(article 10)

departmefll

with stalU/ory

powers

Di recto r responsib le tor the

Benefit Fraud

Directo r (Benefit

To investigate fraud by

and

Fraud and

Benefit Fraud and

individu.als receivi ng

[nvcstigation

Investigatio n)

J nvestigation Directorate

benefits and a llowances

Din~c toTate

payable under the Socia l

Sccuri ry Act

To suppo rt the workings of

Cabine t Office

Secretary to

Cabinet

C itizenship a nd

Director

To admi nister the

provis ions of the law on

Expatriate

(Ci tizensh ip and

Affairs

Expatriate

Maltese citizenship , and to

Department

Affairs)

issue residence permits and

employment licences

Civil Aviation

Director ofCivi! Aviatio n

Di recto r General

To regulate civil aviation

Department

(C ivi l Aviation)

Depa rtme nt o f

Director (C ivil

Director of Civil Pro tect ion

To p rovide firc·fighting

Civi l

Protec tion)

and rescue services and

Pro tection

take protec tive action

against natural , industria!

and other emergencies

Commerce

Director General

To monitor and prov ide

Comptroller o f Industrial

Divisio n

(Commerce)

Property

assistance to small

enterprises and cra ft

Director of T rade

industries, and to regulate

intei1ectua l property and

Director of Industry

trade

Director of Consumer

Co nsumer and

Director General

To safeguard common

(Consumer and

interests a nd promote

Competition

Affairs

Division

competitive market

Competit ion

Publ ic officer headi ng the

Division)

practices

Office for Fair Competi tio n

Department of

Director General

Head of the Department o f

To regulate, monitor,

Contracts

Co ntrac ts

manage and approve

(Con trac ts)

con trac ts issued b y

Government Departments

Correctional

Director

Di rector of Correctio nal

To sec ure ly detain

Services

(Correctional

Services

offenders while providing

Department

Services)

rehabilitation services to

Directo r of Probation

he lp them reintegrate into

Services

society

A

Department

flead of

Dlher offices

Equivalellllille at law

Function of the department

deparlmelll

with Slallltory

(article 10)

powers

Co urts of

Di rector General

Reg isITar of Co urts

To suppo rt and faci litate

Justice

(Courts)

the admi nistration of

Division

j usti ce

Directo r (Civi l

Directo r, C ivil Courts a nd

Courts and

T ribunals

C ivi l

Registrar, C ivil Courts and

T ribunals,

T ribuna ls

Malta)

Director

Registrar, C ri minal Co urts

(C rimina l

and Trib unals

Co urts and

C rimina l

Tribuna ls,

Malta)

Director (Gom

Directo r, Gom Co urts and

Courts and

T ribunals

T ribunals)

Registrar, Gom Co urts and

Trib unal s

Customs

Directo r Gene ral

Co mptrol le r of Custo ms

To collect c ustoms and

Divisio n

(C usto ms)

excise d uties and curb

Co llector of ClI stoIllS

illegal impo rts whi le

fac ili lati ng trade

Economic

Director General

To pro vide expe rt advice

Policy Division

(Economic

and assistance to

Po licy)

Gove rnment in the

formu latio n o f eco nomic

policy and the manageme nt

of econom ic activi ty

Education

Directo r Gene ral

Directo r of Educatio n

To assure the educatio n of

Div isio n

(Educa tio n)

al1 Ma ltese students of

co mpu lsory education age

and beyo nd, and to

e ncourage and support life-

long lea m in g

Examina tions

Director

Registra r of Examinations

To admi nister local and

Department

(Examina tions)

ove rseas examinations

Government

Direc tor (Printing

To print Go vernment

Prin ting Press

Press)

documents

Government

Direc to r General

To pro mote the e ffec tive

Property

(Government

and profi tab le use of

Divisio n

governmen t owned

Prope rty)

iOllllOvable prope rty

Director (Land)

Commi ssione r of Land

A

t:quivalent title at law

Deparlmellt

Head of

Other offices

Function of the department

with stawtory

deparlment

(article 10)

powers

ChiefGovemment Medical

To regulate and ensure the

Hea lth

Director General

Division

availabi lity of

(Health)

OfJicer

comprehensive health care

Superin tendent of Public

and to promote public

Hea lth

health

Director

Director responsible for the

(E lderly and

Department of the Elderly

Community

and Community Services

Services)

To manage the construction

Housing

Director

of hollsing lUlits deve loped

Constnlct ion

(Housing

by the I-lousing Authority

and

Construction and

Maintenance

Maintenance)

and to maintain

Department

Government·owned

res ident ial premises

To protect the interests of

Department of

Director

Director responsible fo r

parties in employment

Industrial and

(Industrial and

emp loyment and industrial

contracts and to contribute

Employment

Emp loyment

relations

towards stable industrial

Relat ions

Relations)

Reg istrar of Trade Unions

relations

To provide the public with

Depamnent of

Director

Press Registrar

up-to·date, comprehensive

Information

(Information)

and meaningful

information on

Government policies,

services and activities, and

on matters which may be of

public inte rest

Commissioner of Inland

To administer fiscal

Inland Revenue

Director General

Revenue

legislation in relation to

Division

(I nland Revenue)

income a nd other taxes

To cater for property

Land and

Director General

registration and

Public Reg istry

(Land and Public

hypothecation, civil status

Registry)

registration, the registration

of notarial deeds a nd other

Director (Land

Land Registrar

judicial acts, and related

Registry)

matters including the issue

of passports

Director

Director of the Public

(Public

Registry

Registry)

Marriage Registrar

Director (Civil

Passport Officer

Registration)

A

Department

Head of

Other offices

Equivalent title aI law

Function of the departme1ll

departmenz

with SlaIUlOry

(article 10)

powers

Lib ra:ries

Director

Librarian

To ensure the collection

Department

(L ibraries)

and conservation of Malta's

documentary heritage, and

10 provide library material

for education, information ,

research and leisure

purposes

Loca l

Director (Local

Director responsib le for

To support and monito r the

Gove mOlCnl

Govenunent)

Local Councils

activ ities of Loca l Councils

Department

Manageme nt

Director General

To provide a framewo rk

and Pe rsonne l

(Management

that would enable

Office

and Personnel

ministries and departme nts

Office)

to manage their hu man

resources in the most

effective maimer

Malta Police

Commissioner of

Principal Immigration

To preserve pcaee and

Force

Police

Officer

order, to detcct and

investigate offences, and to

prosecute offenders; to

control immigration into

Malta

Office of the

Chief Notary to

To prepare, draft and

Notal)' to

Gove rnment

pub lish notarial deeds to

Government

which the government is a

party and to co nserve

notarial acts according to

law

Oi I Exp loration

Director (Oil

To manage the process of

Department

Exploration)

oil exploration in Malta' s

co ntinental shelf

Planning and

Director General

To manage and co-ordi nate

(Planni ng and

Priorities

the use ofEU funds and

Coo rdination

Priorities

funds from other fundi ng

Divisio n

Coordination)

protocols o r arrangements

Rural Afrairs

Director General

To promo te and develop

and Paying

(Rural Affairs)

farming and regulate the

Age ncy

and Head of

up keep of publ ic gardens

Division

Paying Agency

and to manage income

support for food produce rs

Director

Director of Agriculture

(Agriculture)

Director (Plant

Director of the Department

Health)

responsible ror plant health

A

Department

Head of

Other offices

Equivalelll tille at Jaw

Function of the department

deparlmelll

with statutory

(article 10)

powers

Services

Dirt.'Ctor General

To provide ancillary

Division

(Services)

building projects services,

manufacturing services,

public cleansi ng services

and a regulatory framework

ro r the building

construction industry

Socia l Housing

Directo r (Soc ial

Directo r of Soc ial Ho usin g

To provide adequate a nd

Departnll:llt

Hous ing)

su itable alternative

accommodation to those in

n<..:ed

Depa rtme nt of

Directo r (Soc ial

To administer the socia l

Socia l S.:curity

Security)

security (contributo ry a nd

no n-contributory) scheme

and prov ide timely

lina ncia l assistance and

othe r soc ial bene fits,

p<..:nsions and allowances to

elig ible applicants

Socia l Welfare

Director (Soc ial

Di recto r of the Department

To regulate the we lfare

Welrare

responsib le for social

sector and ensure that the

Standards

welfare

providers o f social welfare

Depa rtment

Standards)

serviccs comply with set

standards

To develop the skills and

Staff

Directo r (S taiT

Development

abilities of public office rs

Development

and disseminate good

O rga ni sation

Organisa tion)

management practices

thro ugh training

To c urb ta'( evas ion

Director General

Tax

(T a,'( Compliance

Comp lia nce

Ull it

Unit)

To implement a standard

TI\!asury

Director General

Accountant

accounting syslem

General

(Treasury)

througho ut Govenuncnt

departments, and 10

supervise, monitor and

report o n all Government

fi nancial transactions

VAT

Direc to r Gene ra l

Commissione r of Value

To e nsure that all perso ns

pe rforming an eco no mic

Added Tax

(VAT)

Departmen t

act ivity against a

Directo r of Cusloms and

co nsideration duly register

Excise Tax

under the VAT Act, and

co llect dues

A

Department

Head of

Other offices

Equivalelll Litle at law

Function oflhe deparlmenl

department

with statutory

(article 1O)

powers

Veterinary

Director General

To safeguard pub lic health

Director Geno.:rai,

01 eterinary

Veterinary Services

Affairs and

through assurance of

Fisheries

Affairs and

livestock health and food

Directo r of Veterinary

Division

saf(,~ty and to regulate the

Fisheries)

Services

fishing indw;try and

contribut~ to the

Director of Fisheries

conservation of fish stocks

Director responsible for

fisheries

Works Division

Director Genera l

Director of Public Works

To design, plan and carry

(Wocks)

out public infrastructure

Superintendent of Public

works and projects

Works

A

Part iT

Departments not subject to ministerial control

Department

Head of department

Other offices

EquivaLent title at law

FunclioTl

with slalulo,y

(article 10)

powers

Office o f the

C lerk to the House of

Cle rk of the Ho use of

To provide administra tive

C le rk to the

Representatives

support to the House of

I-louse

Representa tives

Electora l Officc

Ch ief E1cctoral

To support the Elec to ral

Commi ssioner

Co l1l11li ssion in the exercise

of its functions

Internal Audit and

Direc to r (Internal

Di rector, Interna l

To conduct intema l aud its

Investi gatio ns

Audit a nd

Audit and

and invest igatio ns under the

Direc torate

Investigations)

Investigations

Inte rnal Audit and

Financial Investigations

Directorate

Act

Office of the

Secreta ry to the

To suppo rt the Preside nt in

Pres ident

Presidency

the fuHi lme nt of his

constitutio nal duties

Public Service

Secreta ry, Pub lic

Secreta ry to the

To suppo rtlhe Pub lic

Commiss ion

Serv ice Commission

Commission

Service Commission in the

Secretarial

exerc ise of its fun ctions

A

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Third Schedule — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

GRADES

(Article 27)

Salary Scale 1

Salary Scale 5 Continued

Attorney General

Principal Information Officer

Officer in Grade I

Principal Medical Officer

Principal Veterinary Officer

Salary Scale 2

Project Manager (IT)

Commissioner of Police

Senior Clerk Assistant

Officer in Grade 2

Senior Counsel

Senior Registrar

Salary Scale 3

Sports Officer II

Ambassador

Superintendent of Police

Deputy Attorney General

Deputy Commissioner ofPDlice

Salary Scale 6

Director (Clinical)

Clerk Assistant

Officer in Grade 3

Counsel

Education Officer

Salary Scale 4

General Practitioner

Assistant Attorney General

Head of Building & Restoration

Assistant Commissioner of Police

Head of School

Chief Electoral Commissioner

Head of Trade School

Chief Notary to Government

Internal Audit Manager

Consultant

Manager, Dental Hygiene Services

Officer in Grade 4

Manager, Dental Technology Services

Senior Counsellor

Manager, Medical Laboratory Technology

Services

Manager, Midwifery Services

Salary Scale 5

Assistant Director of Education

Manager, Nursing Services

Assistant Director, Pharmaceutical Services

Manager, Occupational Therapy Services

Assistant Registrar

Manager, Office of Co-operatives

Chief Architect & Civil Engineer

Manager, Physiotherapy Services

Chief Curator

Manager, Podology Services

Chief Economics Officer

Manager, Radiography Services

(Diagnostic)

Chief Engineer

ChiefInspector of Customs

Manager, Radiography Services

Chief Psychologist

(Therapeu tic)

Chief Quantity Surveyor

Manager, Speech Therapy Services

Chief Scientific Officer

Principal Economics Officer

Deputy Director, Dept of Civil Protection

Principal Environment Officer

Deputy Director, Institute of Tourism

Principal Health Promotion Officer

Studies

Principal Inspector (Health & Safety)

First Counsellor

Principal Pharmacist

Librarian

Principal Probation Officer

Manager, Health Inspectorate

Principal Public Cleansing Officer

Principal Scientific Officer

Officer in Grade 5

A

Salary Scale 6 Continued

Salary Scale 8 Continued

Principal Social Worker

Psychologist

Principal Trading Standards Officer

Senior Assistant Librarian

Registrar

Senior Co-Operatives Officer

Senior Architect & Civil Engi neer

Senior Eco nomics Officer

Senior Engineer

Sen ior Environment Inspector

Senior Legal Officer

Senior Health Promotion Officer

Senior Medical Officer

Senior House Officer

Senior Inspector (Heal th & Safety)

Senior Psychologist

Senior Quantity Surveyor

Senior Probation Officer

Sen ior Veterinary Officer

Senior Scientific Officer

Senior Social Worker

Salary Scale 7

Senior Statisti cs and Research Officer

Assistant Head o f School

Senior Trading Standards Officer

Assistant Head of Trade School

Veterinary Officer

Chief Assistance and Rescue Officer

Chief Printer

Salary Scale 9

Counsellor

Assistant Chief Printer

Curator

Assistant Principal Health Inspector

Departmental Midwifery Officer

Assistant Princ ipal Paramedic

Departmental Nursing Manager

CulturalOrganiser

Head, Care Centre

Deputy Midw ifery Officer

Med ical Officer (GP)

Deputy Nursing Officer

Operations Manager

Disablement Resettlement Officer

Principal Agricultural Officer

Engineer

Principal, Agricultural College

First Secretary

House Surgeon (Dent istry)

Principal Veterinary Support Officer

School Counsellor

Houseman

Senior Information Officer

I nspector of Customs

Senior Inspector of Customs

Instructor

Junior Architect & Civil Engineer

Senior Internal Auditor

Senior Notary

Junior Legal Officer

Senior Pharmacist

Junior Veterinary Officer

Manager, Security Services

Senior Principal

Senior Systems Analyst (IT)

No tary

Subject Co-ordinator

No tary to Government (Gozo)

Trade/Subject Co-ordinator

Officer i/c Operations (IT)

Trade/School Counsellor

Operations Officer

Phannacist

Sala ry Scale 8

Principal Agricu ltural Foreman

Architect & Civil Engineer

Principal ECG Technician

Dental Surgeon

Principa l Pharmacy Technician

Inspector of Police

Principal Technical Officer

Internal Auditor 11

Public Cleansing Officer

Legal Officer

Public Relations Officer

Quantity Surveyor

Medical Officer

Meteorological Officer

Senior Agricultural Officer

Midwifery Officer

Senior Consul

Nursing Officer

Senior Legal Procurator

Principal Health Inspector

Senior Veterinary Support Officer

Princ ipa l Paramedic

Station Officer

A

Salary Scale 9 Conti nued

Salary Scale 11 Continued

Sports Officer [

Senior Operator (IT)

Senior Pharmacy Tecbnician

Systems Analyst (IT)

Teacher

Senior Public Cleansing Foreman

Senior Technical Officer

Sergeant

Salary Scale 10

Advocate for Legal Aid

Salary Scale 12

Assistant Curator

Assistant Head, Care Centre

Agricultural Foreman

Assistant Librarian

Agricultural Officer

Chief Weigher

Chief Marshal

Consul

Committee Clerk

Customs Officer

Co-operatives Officer

Economics Officer

Environment Inspector

Environment Officer

Facilitator

Health Promotion Officer

Foreman

Health Inspector

In formation Officer

Inspector (Health & Safety)

Internal Auditor [

Junior Engineer

Library Officer

Midwife

Legal Procurator

Principal

Museums Officer

Principal Fisheries Officer

Paramedic

Scientific Officer

Probation Officer

Second Secretary

Public Cleansing Foreman

Senior Health Inspector

Quantity Surveyor's Assistant

Senior Care Worker

Senior Paramedic

Senior Printer

Sergeant Major

Social Worker

Senior Restorer

Staff Nurse

Statist ician

Technical Officer

Statistics and Research Officer

Trainee Internal Auditor

Trading Standards Officer

Veterinary Support Officer

Salary Scale 11

Salary Scale 13

Assistant Principal

Assistant Agricultural Foreman

Assistant Cultural Organiser

Court Recorder in Charge

Assistant Foreman

Assistant Technical Officer

Duty Management Officer

Inspector (Printing Press)

Communications Officer

Computer Operator (IT)

Leading Assistance and Rescue Officer

ECG Technician

Main Inspector

Officer in Grade II

Enrolled Nurse

Photographer in Charge

I nstructor of Braille

Principal Security Officer

Mail Officer

Marshal

Programmer II (IT)

Meteorological Assistant

Senior Agricultural Foreman

Officer i/c Minor Staff

Senior Correctional Officer

Pharmacy Tecbnician

Senior ECG Tecbnician

Security Officer

Senior Fisheries Officer

Senior Photographer

Senior Foreman

Senior Weigher

Senior Marshal

A

Salary Scale 14

Salary Scale 16 (Other Industrial

Grades) Continued

Assistance and Rescue Officer

Assistant Veterinary Suppon Officer

Butcher

Constable

Ceramist

Correctional Officer

Construction Diver

Executive Officer

Cook

Fisheries Officer

Equipment Cover Manufacturer

Library Assistant

Farmer

Office r in Grade 14

Gardener

Hallmarker of Gold and Silver Anicles

Restorer

Senior Clerk

Hospital Orderly

Jeweller

Senio r Customs Ass istant

Senior Postperson

Marbler

Meter Reader

Senior Technician

Senior Tradesman

Postmonem and Mortuary Attendant

Social Suppon Worker

Repairer of Records

Rigger

Salary Scale 15

Silversmith

Kindergarten Assistant

Timekeeper

N ursing Aide

Paramedic Aide

Salary Scale 17

Photographer

Assis tant Care worker

Senior Court Recorder

Court Messenger

Senior Messenger

Court Recorder

Technician

Usher

Industrial Grades Group IV

Ambulance Driver

Salary Scale 16

BarberlHairdresser

Airfield Operator

Heavy Plant Driver

Airport Attendant

Laboratory Operator

Airpon Office Despatcher

Seamstress

Care Worker

Senior Operative

Chaplain

Vulcaniser

Clerk

Communicator

Salary Scale 18

Custodian and Guide

Messenger

Customs Ass istant

Ward Clerical Assistant

Guard

Health Ass istant

Industrial Grades Group III

Postperson

Boiler Attendant

Customs Auxiliary

Printer

Securi ty Guard

Dairy Operative II

Supervisor

Deliveryman

Tradesman

Fuel Pump Attendant

Warde n (Environment)

Grave Digger

Weigher

Library Attendant

Lighthouse Keeper

Other Industrial Grades

Motor Transport Driver

Armourer

Operational Support Worker

Art/G raphic Technician

Operative

Bookbinder

Porter

A

Salary Scale 18 (Industrial Grades

Group III) Continued

Runway Painter

Quarryman

Stamper

Salary Scale 19

Industrial Grades Group II

General Hand

Health Attendant (Pub lic Cleansing)

Hospital Auxiliary

Seaman II

Warden

Salary Scale 20

Industrial Grades Group I

Charwoman

Health Attendant (Public Convenience)

Labourer

Labourer (ex-I mpressed Driver)

W atchman

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Fourth Schedule — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

AGENCIES

(Article 36)

Agency

Agency function

Management Efficiency

To support public sector change initiatives through

Unit

the provision of consultancy advice

Office of the Attorney

To support the Attorney General in his role as chief

General

legal adviser to the Government and chief prosecuting

officer

Passed by the House of Representatives at Sitting No. 77 of 28th January,

2009. L OUIS G ALEA

Speaker

P AULINE A BELA

Clerk to the House of Representatives

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 9 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Senior Appointments Advisory Committee.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 10 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Titles of headship positions and other public offices, and equivalent titles at

law.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 11 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Exercise of powers during a public officer’s absence.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 12 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Secretariats of boards and commissions.

Title 2 – Leadership

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 13 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

The Principal Permanent Secretary.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 14 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Appointment of Principal Permanent Secretary.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 15 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Directives and guidelines issued by the Principal Permanent Secretary in

relation to departments of Government.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 16 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Committee of Permanent Secretaries.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 17 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Supervision of departments by Permanent Secretaries.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 18 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Duties of heads of department.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 19 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Senior Executive Service.

Title 3 – Public officers

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 20 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Public officers’ assignment to and transfer between posts.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 21 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Merit principle.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 22 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Powers of heads of department in relation to employees.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 23 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Power to create, abolish and classify positions.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 24 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Appointments to positions.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 25 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Filling of positions by lateral appointment.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 26 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Removal from positions.

27. Grades.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 28 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Surplus Pool.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 29 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Applicability of certain provisions in terms of the Constitution.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 30 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Extension to the public service of powers assigned to the Merit Protection

Commission.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 31 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Recommendation on victimisation.

PART III

MERIT PROTECTION COMMISSION,

AGENCIES AND GOVERNMENT ENTITIES

Title 1 – The Merit Protection Commission

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 32 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Public Service Commission to act as Merit Protection Commission.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 33 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Functions of the Commission.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 34 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Powers of investigation and remedy.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 35 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Application of this Title.

Title 2 – Agencies

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 36 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Establishment of agencies.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 37 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Legal personality and judicial representation of agencies.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 38 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Directives and guidelines issued by the Principal Permanent Secretary in

relation to agencies.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 39 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

General direction and control of agencies by Ministers and supervision by

Permanent Secretaries.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 40 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Agency performance agreements.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 41 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Accounts, audit and other financial arrangements.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 42 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Advisory boards.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 43 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Detailing of public officers with an agency.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 44 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Pension rights and other arrangements.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 45 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Application of this Title.

Title 3 – Government entities, boards and commissions

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 46 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Application of certain articles of this Act and of other laws.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 47 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Supervision of government entities by Permanent Secretaries.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 48 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Supervision of boards and commissions.

PART IV

MISCELLANEOUS

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 49 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Power to make regulations.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 50 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Amendment to article 181B of the Code of Organisation and Civil Procedure.

Malta Government Gazette — Act 2009 1 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Art. 51 — I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika Open official source

Amendment to the Interpretation Act.

FIRST SCHEDULE – CODE OF ETHICS

SECOND SCHEDULE – DEPARTMENTS

THIRD SCHEDULE – GRADES

I tal-2009 - Att tal-2009 dwar l-Amministrazzjoni Pubblika

Table of Provisions (52)

Statutory Text (52 Articles)

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