ACT No. XVI of 2009 AN ACT to amend the Local Councils Act, Cap. 363.

I assent.

G EORGE A BELA

(L.S.)

President

6th October, 2009

ACT No. XVI of 2009

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

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

consent of the House of Representatives, in this present Parliament

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

(1) The short title of this Act is the Local Councils Short title and

(Amendment) Act, 2009, and this Act shall be read and construed as commencement.

one with the Local Councils Act, hereinafter referred to as "the Cap. 363.

principal Act".

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

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

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

different provisions or different purposes of this Act.

Organizzazzjonijiet mhux tal-Gvern approvati" g]andhom

jid]lu l-kliem "IT-TMIEN SKEDA Allokazzjoni finanzjarja lill-

Kunsilli";

(b) minflok il-kliem "ID-DISA’ SKEDA R]ula \g]ar

elenkati skond l-artikolu 47A u pjanti tal-konfini" g]andhom

jid]lu l-kliem "ID-DISA’ SKEDA Komunitajiet";

(`)

minflok

il-kliem

"L-G}AXAR

The Arrangement of Act shall be amended as follows:-

Amendement of

the

Arrangement of

(a)

for the words "EIGHTH SCHEDULE Approved

Act.

non-governmental organisations" there shall be substituted the

words "EIGHTH SCHEDULE Financial allocation to

Councils";

(b) for the words "NINTH SCHEDULE Listed Hamlets

in terms of article 47A and the plans delineating their

boundaries and respective streets" there shall be substituted the

words "NINTH SCHEDULE Communities";

(c)

for the words "TENTH SCHEDULE Financial

allocation to Councils" there shall be substituted the words

"TENTH SCHEDULE Local Councils’ Elections Schedule";

and

(d) immediately after the words "TENTH SCHEDULE

Local Councils’ Elections Schedule" there shall be added the

words "ELEVENTH SCHEDULE Regions".

Allokazzjoni Finanzjarja lil Kunsilli" g]andhom jid]lu l-kliem

"L-G}AXAR SKEDA Skeda tal-Elezzjonijiet tal-Kunsilli

Lokali"; u

(d) minnufih wara il-kliem "L-G}AXAR SKEDA

Skeda tal-Elezzjonijiet tal-Kunsilli Lokali" g]andhom ji\diedu

l-kliem "IL-}DAX-IL SKEDA Re[juni".

Article 2 of the principal Act shall be amended as follows

(a)

immediately after the definition "Commissioner for

Justice" there shall be added the following new definition

" "community" means any village as indicated in

the Ninth Schedule;"; and

(b) for the definition "financial year" there shall be

substituted the following new definition

" "financial year" means a twelve month period

starting from the 1st of January and ending on the last day

of December

Provided that the Minister may, after consultation

with the Auditor General, by regulations provide a

different interpretation to financial year.".

Article 3 of the principal Act shall be amended as follows

(a)

immediately after paragraph (c) of subarticle (2)

thereof, there shall be inserted the following new paragraph

"(d) a Local Council may enter into public private

partnerships both with the private sector or with non-

governmental organisations, following approval by the

Department for Local Government which shall grant such

approval only if it is satisfied that such partnership would

benefit the residents of the locality, and after having

obtained the approval of the Minister responsible for

finance and of the Minister responsible for Local

Government.";

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

be inserted the following new subarticle

"(2A) The Minister shall, after agreement with the

Local Councils Association, draw up a written policy

regarding Local Government. No decision taken by a

Local Council shall go against that established policy.";

and

(c)

immediately after subarticle (5) thereof there shall

be added the following new subarticle

"(6) A Local Council proposing to finance a

project by means of a loan which would be repayable

within a period longer than eight years shall submit its

proposal for the approval of its residents in a referendum.".

In subarticle (3) of article 4 of the principal Act, the words Amendment of

article 4 of the

"from amongst the councillors" shall be deleted.

principal Act.

Subarticle (1) of article 8 of the principal Act shall be Amendment of

article 8 of the

amended as follows

principal Act.

(a)

for the words "three years" there shall be substituted

the words "four years"; and

(b) for the words "the single transferable vote." there

shall be substituted the words "the single transferable vote:" and

immediately thereafter there shall be added the following

"Provided that the elections for councillors for the

years 2009 to 2021, both inclusive, shall be held as

indicated in the Tenth Schedule

Provided further that the Prime Minister may

postpone the election of a group of Local Councils by a

period of not more than one year if during that period an

election for Members of the European Parliament or a

General Election is due to be held, and this solely in order

that the Local Councils elections may be held on the same

day as the election for the European Parliament or the

General Election.".

Article 9 of the principal Act shall be amended as follows

Amendment to

article 9 of the

principal Act.

(a)

for the words "six days" there shall be substituted

the words "two working days"; and

(b)

the second proviso thereof shall be deleted.

In the Maltese text of article 11 of the principal Act, for the

word "b\ala" there shall be substituted the word "b]ala".

In paragraph (d) of article 12 of the principal Act,

immediately after the words "elections are to be held" there shall be

inserted the words "or Executive Secretary in any one of the Local

Councils".

Article 15 of the principal Act shall be amended as

follows

(a)

in subarticle (1) thereof for the words "one hundred

and sixteen euro and forty seven cents (116.47)" there shall be

substituted the words "two hundred euro (200)"; and

(b) in the proviso to subarticle (1) thereof, for the words

"two thousand three hundred and twenty nine euro and thirty

seven cents (2,329,37)" there shall be substituted the words

"two thousand euro (2,000)".

In article 18 of the principal Act, for the words "six

consecutive Council meetings" there shall be substituted the words

"four meetings".

In subarticle (3) of article 19 of the principal Act, for the

words "two thousand three hundred and twenty nine euro and thirty

seven cents (2,329.37)" there shall be substituted the words "two

thousand five hundred euro (2,500)".

Article 20 of the principal Act shall be amended as

follows

(a)

in subarticle (3) thereof for the words "six hundred

and ninety eight euro and eighty one cents (698.81)" there shall

be substituted the words "seven hundred euro (700)";

(b) in the proviso to subarticle (3) thereof, for the words

"six thousand nine hundred and eighty eight euro and twelve

cents (6,988.12)" there shall be substituted the words "seven

thousand euro (7,000)"; and

(c)

in subarticle (4) thereof, immediately after

paragraph (g) there shall be added the following new paragraph

"(h)

first cousin,".

Article 23 of the principal Act shall be amended as

follows

(a)

in the proviso to subarticle (1) thereof, for the word

"three" there shall be substituted the word "six";

(b) in subarticle (2) thereof, for the word "may" there

shall be substituted the word "shall"; and

(c)

in the proviso to subarticle (2) thereof, for the words

"if a Committee of Management is not so appointed", there shall

be substituted the words "until a Committee of Management is

appointed".

Article 24 of the principal Act shall be amended as Amendment of

article 24 of the

principal Act.

(a)

in subarticle (1) thereof, for the words "any of the

Commissioners for Justice who are" there shall be substituted

the words "any Commissioner for Justice who is"; and

(b) for subarticle (3) thereof, there shall be substituted

the following subarticles

"(3) A breach of the Code of Ethics for Local

Councillors may result in a referral of his case to

the Board which is to be established by the Minister

to deal with cases of breaches of ethics. The Board

shall be constituted and conducted in accordance

with regulations made by the Minister. The same

Board shall have the authority to deal with the

public complaints vis-à-vis the Council.

(4) The Mayor, the Executive Secretary or

any member of the Council shall report to the

Department for Local Government any breach of

the Code of Ethics committed by any councillor.

Following the verification by the Board mentioned

in subarticle (3) of such reports and following a

persistent breach of the Code of Ethics, a formal

notice shall be issued by the Minister, which formal

notice shall be published within such time as may

be provided by regulation under this Act.

(5) Any member of the public may also make

a claim to the Administrative Tribunal set up in

accordance with the Administrative Justice Act

whenever he feels aggrieved by an administrative

act of a Local Council, that shall include the issue

of any orders, licence, permit, warrant,

authorization, concession, decisions or refusal of

any request made by applicant.".

Article 25 of the principal Act shall be amended as

(a)

in subarticle (1) thereof, for the words "until the

office of Mayor is filled." there shall be substituted the words

"until the office of Mayor is filled:" and immediately thereafter

there shall be added the following

"Provided that if the Mayor vacates office during

the Council’s term, the office of Mayor shall be occupied

by such person belonging to the same political party who

had obtained the highest number of votes in the first count

after the Mayor who is vacating office

Provided further that where the law does not

provide otherwise, the Mayor shall be chosen from

amongst the Councillors.";

(b) immediately after subarticle (1) thereof, there shall

be added the following new subarticle

"(1A) In any case where two or more persons who

were elected in the first count obtain the same amount of

votes among Councillors belonging to that party having the

majority of Councillors, the office of Mayor shall be filled

by the person with the longest experience as Councillor

and who therefore has served longest on the Council

among the two

Provided that if the two Councillors have the same

length of service in office, the office of Mayor shall be

filled by the Councillor who is the more senior in age

Provided further that in the case that both obtain

the same amount of votes but are not elected in the first

count, the office of the Mayor shall be filled by whoever is

elected first.";

(c)

the provision in subarticle (2) thereof shall be re-

numbered as paragraph (a) thereof and immediately thereafter

there shall be added the following new paragraph

"(b) In the case where the office of Deputy Mayor

shall become vacant, the office of Deputy Mayor shall be

filled by that Councillor belonging to the party that has

obtained the absolute majority of Councillors in the Local

Council and who obtained the majority of first preference

votes after the Councillor whose office of Deputy Mayor

has become vacant.";

(d) in subarticle (4) thereof, for the words "than two

working days" there shall be substituted the words "than four

working days"; and

(e)

immediately after subarticle (4) thereof, there shall

be added the following new subarticle

"(5) By not later than the third meeting after the

Local Council election, each Councillor shall be assigned a

specific sector which he shall monitor and report on to the

Local Council. That Councillor may also set up a

committee, over which the Councillor will preside in order

to work in that sector. In such case the members of such

committee shall be approved by the Council before those

members commence their functions. This matter shall be

included in the meetings’ agenda as aforesaid specified.".

Article 29A of the principal Act shall be substituted by the Substitution of

article 29A of

following

the principal

Act.

" Convening of

The Mayor, or at least one-third of

urgent Council

the Councillors, shall have the right to request

meeting.

an urgent meeting. The urgent meeting shall

only discuss the urgent matter for which the

meeting has been convened and no other. The

subsequent meeting shall still be held on the

same day as agreed in the last regular meeting.

The Executive Secretary shall be obliged to

convene the urgent meeting by not later than

three working days from the receipt of the

request.".

18. Article 32 of the principal Act shall be substituted by the Substitution of

article 32 of the

principal Act.

following new article

" Addition of

(1) The Council shall pay an

allowance to the

honorarium to the Mayor of its locality as

Councillors.

follows

(a)

in localities having less than

five thousand residents (five Councillors),

one third of the honorarium payable to a

member of Parliament;

(b) in localities having less than

fifteen thousand residents (seven or nine

Councillors), one half of the honorarium

payable to a member of Parliament;

(c)

in all localities having more

than fifteen thousand residents (more than

nine Councillors), the honorarium shall

be two thirds of the honorarium payable

to a Member of Parliament

Provided that such honorarium shall not

be deemed to be income for the purposes of the

Social Security Act.

(2) The Minister may by regulations

establish the allowance that Councils may pay

to Councillors, which allowance shall be

proportionate to the number of meetings a

Councillor has attended in any calendar year

Provided that such allowance shall not be

deemed to be income for the purposes of the

Social Security Act

Provided further that no payments for

reinbursement of expenses shall be allowed.

(3) Each Councillor shall, at his own

expense, be obliged to install an e-mail service

in his residence. Any correspondence, minutes

or documents shall be sent to the Councillors

by e-mail and for the purposes of service shall

be deemed to have been duly served.

(4) Any Councillor employed with the

public sector shall be entitled to attend official

Council meetings during office hours without

prejudice to his leave entitlement.".

19. Article 33 of the principal Act shall be amended as Amendment to

article 33 of the

principal Act.

(a)

in subarticle (1) thereof, paragraphs (m), (n) and (o)

shall be renumbered as paragraphs (w), (x) and (z) respectively,

and immediately after paragraph (l) there shall be inserted the

following new paragraphs

"(m) within the context of a national action plan,

Councils shall promote social policy initiatives within their

locality. A Council shall work with people having special

needs, with children and young people having literacy

problems, with the elderly, persons with mental health

problems, in community care as well as initiatives in the

area of preventive care;

(n) safeguard local identity and for this purpose

take the necessary iniatives to safeguard the local historical

and cultural heritage, traditions and folklore;

(o) in the framework of regulations made by the

Minister, extend assistance to artists, musicians and sports

persons from their locality in order that they may develop

their talents;

(p) organise cultural activities that promote the

locality in every possible way;

(q) protect the natural and urban environment of

the locality and take all necessary measures to ensure the

more efficient use of energy, good waste management and

climate change iniatives;

(r) in agreement with the education authorities to

make the best use of facilities already existing in schools in

the locality after normal school hours such as sports

facilities,

school

halls,

information

technology

laboratories, and other public facilities in the locality;

(s) organise sports activities for all residents of

all ages, co-operate closely with the sports associations

from the locality, to provide good sports facilities and

organise such sports activities as are not normally

organised by local sports associations;

(t) ensure to give effect to the concept of life

long learning with all residents, particularly adults and the

elderly, by providing such service within the same locality;

(u)

provide and maintain the service of a local

library;

(v) to promote an entrepreneurial policy whereby

the interests of shop owners and the needs of the residents

and the consumer in the community are catered for. The

Council is to encourage activities which promote trade and

to facilitate Council procedures to lessen bureaucracy so

that commercial activities can improve the services they

provide;";

(b) in paragraph (j) of subarticle (1) thereof, for the

word "crèches" there shall be substituted the words "Child Care

Centres";

(c)

in paragraph (k) of subarticle (1) thereof, for the

words "homes for senior citizens" there shall be substituted the

words "Homes for Senior Citizens, Day Centres for Senior

Citizens and Night Care Centres;"; and

(d) immediately after subarticle (2) thereof, there shall

be added the following new subarticle

"(3) (a) Various other new functions may be

vested in Local Councils. Each function shall be devolved

when the Central Government will be convinced that Local

Councils are prepared to take on such responsibility.

(b) In the case of devolution of new functions,

such new functions will first be devolved on to a small

number of Local Councils, possibly of various sizes, to

serve as a test.".

20. In subarticle (1) of article 35 of the principle Act, for the

words "twice in all daily newspapers" there shall be substituted the

words "in Maltese and in English twice in two daily newspapers one

in the Maltese language and the other in the English language".

21. In subarticle (1) of article 36 of the principal Act, for the

words "sixty nine euro and eighty eight cents (69.88)", there shall be

substituted the words "seventy euro (70)", for the words "eleven euro

and sixty five cents (11.65)" there shall be substituted the words

"fifteen euro (15)", for the words "two thousand and three hundred

and twenty nine euro and thirty seven cents (2,329.37)" there shall be

substituted the words "two thousand euro (2000)", and for the words

"five hundered and eighty two euro and thirty four cents (582.34)",

there shall be substituted the words "five hundred euro (500)".

22. Article 37 of the principal Act shall be amended as Amendment of

article 37 of the

follows

principal Act.

(a)

in subarticle (3) thereof, for the words "may form

and belong to" there shall be substituted the words "shall form

part of"; and

(b) immediately after subarticle (3) thereof, there shall

be added the following new subarticle

"(4) The number of regions shall be of five as

established in the Eleventh Schedule to the Act. Any

change of locality from one region to another shall be

made by the Minister after he has consulted the Local

Councils Association. Any changes shall be made after

taking in consideration the geographical aspect, total

population of each region and the number of Local

Councils in each region.".

23. In the third proviso to article 39 of the principal Act, for Amendment of

the words "two hundred and thirty two euro and ninty four cents article

principal Act.

(232.94)" there shall be substituted the words "two hundred and fifty

euro (250)".

24. In subarticle (1) of article 40 of the principal Act, Amendment of

immediately after the words "for tender" there shall be inserted the article

principal Act.

words "or for quotations", and for the words "a notice in a

newspaper" there shall be substituted the words "a notice in the

Gazette and in one daily newspaper. The regulations relating to the

publication of tenders and quotations shall be made by the Director

and communicated to the Local Councils.".

25. Immediately after the article 40 of the principal Act, there Addition of new

article to the

shall be added the following new article

principal Act.

" Co-financed

With respect to projects co-financed

projects by the

by the European Union, the tendering

European Union.

procedures shall be in accordance with the rules

of the European Union and shall be regulated

by the Department of Contracts.".

26. Article 43 of the prinicipal Act shall be amended as Amendment of

article 43 of the

follows

principal Act.

(a)

in subarticle (2) thereof, immediately after the

words "at least once a month" there shall be inserted the words

"as long as this period does not exceed five consecutive weeks",

for the words "the Mayor" there shall be substituted the words

"the Council", and the words from "Meetings of the Council" to

the words "in office," both expressions included, shall be

deleted; and

(b) immediately after subarticle (2) thereof, there shall

be added the following new subarticle

"(3) Unless otherwise determined by the

unanimous decision of the Councillors, meetings of the

Local Councils shall not start before 5.30 p.m. and later

than 7.30 p.m. and shall not last for more than three

hours.".

27. Immediately after paragraph (c) of article 45 of the

principal Act there shall be added the following new paragraph

"(d) The agenda of the meeting shall be received by the

Councillors at least five working days before the meeting.".

28. In article 46 of the principal Act, the words "so far as

practicable," shall be deleted.

29. Article 47 of the principal Act shall be amended as

follows

(a)

in subarticle (2) thereof, for the words "not more

than four other persons" there shall be substituted the words

"not less than three persons and not more than eight persons";

and

(b)

subarticle (6) thereof shall be deleted.

30. Article 47A of the principal Act shall be substituted by the

following new article

" Communities.

(1) The communities shall be

those listed in the Ninth Schedule, which

Schedule shall also determine the boundaries of

each community and the streets included

therein.

(2) The Minister may add or subtract

from the list of communities listed in the Ninth

Schedule according to procedures established

in subarticles (3) and (4).

(3) The Minister may from time to time

after consulting the Local Council of the

localitydeclare an area within the locality as a

community for the purposes of the law and

accordingly such community shall be added by

regulations to the Ninth Schedule.

(4) The residents of any area not

included in the Ninth Schedule may make a

request to their Local Council for the inclusion

of such zone in the Ninth Schedule. The

Council shall, within one month from the

receipt of the request, discuss it and make its

recommendation to the Minister who shall,

within two months from the receipt of the

Council’s recommendation, take a decision on

the request.

(5) Every community listed in the Ninth

Schedule shall have an Administrative

Committee elected in an election for the

purpose held among the residents registered in

that community. The election for the

appointment of an Administrative Committee

shall be held in accordance with regulations

made by the Minister.

(6) The Administrative Ccommittee

shall be composed of five persons who shall

serve for a period of four years. In its first

meeting the Committee shall appoint a

Chairperson from amongst the five elected

persons.

(7) The

Chairperson

of

the

Administrative Committee shall have the right

to attend the Council meetings and take part in

the discussions but shall not be entitled to

participate in the decisions.

(8) The Executive Secretary of the

Local Council shall be the Executive Secretary

of the Administrative Committee and shall also

be responsible for the financial management

thereof. The Mayor of the locality or a

representative of the Council nominated by the

Local Council for this purpose shall have the

right to attend and participate in Administrative

Committee meetings.

(9) The Administrative Committee shall

be given a financial allocation which shall be

part of the Local Council allocation and this

shall be computed on the basis of the same

funding formula, for the Local Council, found

in the Eighth Schedule. Any decision on the use

of these funds shall be implemented after

ratification by the Local Council of the locality.

The Administrative Committee shall also be

entitled to apply for European Union funds and

to obtain financing from special funds and

other funds to carry out initiatives and projects

in its zone.".

31. Article 48 of the principal Act shall be amended as

follows

(a)

in subarticle (1) thereof, for the words "shall, as far

as possible," there shall be substituted the word "shall"; and

(b) in subarticle (2) thereof, immediately after the

words "on all working days" there shall be added the words

"including Saturday".

32. Article 49 of the principal Act shall be amended as

follows

(a)

subarticles (1) to (3) thereof, both inclusive, shall be

substituted by the following

"(1) Every Council shall have an Executive

Secretary.

(2) The appointment of the Executive Secretary

shall be made by the Local Council following the approval

of the Minister which nomination would have been made

under the following subarticle.

(3) The Executive Secretary shall be a public

service official chosen from a pool of persons for this

purpose.";

(b) in subarticle (4) thereof, immediately after the

words "Executive Secretary respectively" there shall be inserted

the words "from the same pool"; and

(c)

immediately after subarticle (4) thereof, there shall

be added the following new subarticles

"(5) The Minister may remove or transfer an

Executive Secretary from one Council to another

in accordance with the provisions of subarticle

(6) as well as keep a limited number of additional

Executive Secretaries from a pool of Executive

Secretaries in the Department so that these may

fill any vacant posts that may arise from time to

time.

(6) An Executive Secretary may be removed

or transferred from one Council to another by the

Minister as follows

(a) at the request of the Council after a

motion has been put forward stating the

reasons for his removal and after approval by

the Council;

(b) at the request of the Executive

Secretary himself providing the reasons why

he wants to terminate his office within the

Council;

(c) at the request of the Department for

Local Government following shortcomings

shown in the auditors’ report or following

investigations carried out by the Department,

it results that the Executive Secretary has

committed any abuse or permitted the

commission of abusive practices and

contraventions of the law and of local

council regulations

Provided that in each case the Minister

may take such necessary action as he deems fit so

that each party can present its case before taking

any final decision

Provided further that in each case

removal from office or the transfer of an

Executive Secretary shall not preclude the taking

of disciplinary action under the Public

Administration Act.".

33. Immediately after paragraph (f) of subarticle (2) of article

52 of the principal Act there shall be added the following new

paragraph

"(g) execute the legitimate decisions of the Council and

stop any activity or initiative planned by the Council and which

is in breach of the law, regulations, national or local strategies or

policies, or any activity or initiative which has not been

approved by a Council decision.".

34. Article 53 of the principal Act shall be amended as

follows

(a)

the provision of subarticle (1) thereof shall be

renumbered as paragraph (a) of the said subarticle and

immediately thereafter there shall be added the following new

paragraphs

"(b) The Department for Local Government may,

after receiving a justified request from any Local Council,

and after obtaining the approval of the Minister, authorise

such Local Council to employ clerical personnel in excess

of the limit established by law.

(c) The Council shall not purchase any clerical

services."; and

(b) in subarticle (5) thereof, for the words "The

Executive Secretary and other employees" there shall be

substituted the word "Employees".

35. Article 55 of the principal Act shall be amended as

follows

(a)

in subarticle (2) thereof, for the words "Tenth

Schedule" there shall be substituted the words "Eighth

Schedule";

(b) in subarticle (3) thereof, immediately after

paragraph (d) thereof, there shall be inserted the following new

paragraph

"(e) The Local Council shall pay the penalty

which shall be established by regulations whenever

without a valid reason it does not submit the financial

declarations and the reply to a management letter within

the stipulated time. Such penalty will be deducted from the

financial allocation of the Local Council and will not be

refunded when the aforesaid documents are filed."; and

(c)

immediately after subarticle (3) thereof, there shall

be added the following new subarticle

“(4) The Minister responsible for finance may

each year allocate a fund to compensate for the co-

financing of European Union projects.".

36. Article 58 of the principal Act shall be substituted by the Substitution of

article 58 of the

following

principal Act.

"58. The Minister may, after the approval of the Minister

of Finance, estabish special funds and make such funds

available to Local Councils. These funds shall be distributed by

means of regulations to be made by the Minister.".

37. Article 63A of the principal Act shall substituted by the Substitution of

article 63A of

following new article

the principal

Act.

" No donation by

Any donation whether of money or

Councils.

in kind by the Local Council is prohibited.".

38. In subarticle (1) of article 66 of the principal Act, Amendment of

immediately after the words "over time.", there shall be added the article

principal Act.

words "Performance Indicators for Local Councils shall be

established by the Minister and regular appraisals on the basis of such

indicators shall be made and such appraisal shall be published.".

39. Article 70 of the principal Act shall be amended as Amendment of

article 70 of the

principal Act.

(a)

in subarticle (1) thereof, immediately after the

words "at least once a year.", there shall be added the words

"After consultation with its residents, the Local Council shall

prepare a three-year Work Plan which may be revised."; and

(b) immediately after subarticle (4) thereof, there shall

be inserted the following new subarticle

"(5) The provisions of subarticle (3) of article 43

shall apply mutatis mutandis to the locality meetings.".

40. Article 79 of the principal Act shall be amended as

follows

(a)

the provision therein shall be renumbered as

subarticle (1) thereof, and the second proviso thereof shall be

deleted; and

(b) immediately after subarticle (1) as renumbered there

shall be added the following new subarticle

"(2) The Minister may make regulations to

regulate twinning agreements between Local Councils.".

41. Immediately after paragraph (c) of article 80 of the

principal Act, there shall be added the following new paragraphs

"(d) manage the Department for Local Government and

ensure that the necessary support is given to Local Councils by

the Department;

(e)

ensure that the Department provides training for

Councillors and for Local Council employees.".

42. Immediately after the article 80 of the principal Act there

shall be added the following new article

" When a Council

In any case where a Local Council

fails to conduct a

fails to carry out any function within its

function.

responsibility, and the Council persists in not

carrying out such function notwithstanding a

warning given by the Director, such function

may be carried out by any department,

authority or agency at the expense of the said

Local Council, and such expenses shall be

deducted from the financial allocation of that

Local Council and transferred to the entity

which has carried out such function instead of

the Council.".

43. The First Shedule to the principal Act shall be amended as

follows

(a)

for the coat of arms for the locality of Kalkara there

shall be substituted the following

Il-Kalkara

(b) for the words "Qormi (Città Pinto)" there shall be

substituted the words "Ħal Qormi (Città Pinto)";

(c)

for the word "śebbuā (Città Rohan)" there shall be

substituted the words "ĦaŜ-śebbuā (Città Rohan)";

(d) for the words "śabbar (Città Hompesch)" there shall

be substituted the words "ĦaŜ-śabbar (Città Hompesch)";

(e)

for the word "Attard" there shall be substituted the

words "Ħ’Attard";

(f)

for the word "Balzan" there shall be substituted the

words "Ħal Balzan";

(g) for the word "Dingli" there shall be substituted the

words "Ħad-Dingli";

(h) for the word "Għargħur" there shall be substituted

the words "Ħal Għargħur";

(i)

for the word "Għaxaq" there shall be substituted the

words "Ħal Għaxaq";

(j)

for the word "Kirkop" there shall be substituted the

words "Ħal Kirkop";

(k) for the word "Lija" there shall be substituted the

words "Ħal-Lija";

(l)

for the word "Luqa" there shall be substituted the

words "Ħal-Luqa";

(m) for the word "Safi" there shall be substituted the

words "Ħal Safi";

(n) for the word "Sliema" there shall be substituted the

words "Tas-Sliema";

(o) for the word "Tarxien" there shall be substituted the

words "Ħal Tarxien";

(p) for the word "Māarr" there shall be substituted the

words "L-Imāarr";

(q) for the word "}amrun" there shall be substituted the

words "Il-}amrun";

(r)

for the word "Valletta" there shall be substituted the

words "Il-Belt Valletta (Città Umilissima)";

(s)

for the word "Mdina" there shall be substituted the

words "L-Imdina (Città Nobile)";

(t)

for the word "Birgu" there shall be substituted the

words "Il-Birgu (Città Vittoriosa)";

(u) for the word "Isla" there shall be substituted the

words "L-Isla (Città Senglea)";

(v) for the word "Bormla" there shall be substituted the

words "Bormla (Città Cospicua)";

(w) for the word "Si[[iewi" there shall be substituted

the words "Is-Si[[iewi (Città Ferdinand)";

(x) for the word "|ejtun" there shall be substituted the

words "I\-|ejtun (Città Beland)";

(y) for the word "Rabat" there shall be substituted the

words "Ir-Rabat (Città Victoria)";

(z)

for the word "Fgura" there shall be substituted the

words "Il-Fgura";

(aa) for the word "Floriana" there shall be substituted the

words "Il-Furjana";

(bb) for the word "Gudja" there shall be substituted the

words "Il-Gudja";

(cc) for the word "G\ira" there shall be substituted the

words "Il-G\ira";

(dd) for the word "G]arb" there shall be substituted the

words "L-G]arb";

(ee) for the word "G]asri" there shall be substituted the

words "L-G]asri";

(ff) for the word "Iklin" there shall be substituted the

words "L-Iklin";

(gg) for the word "Kalkara" there shall be substituted the

words "Il-Kalkara";

(hh) for the word "Ker`em" there shall be substituted the

words "Ta’ Ker`em";

(ii) for the word "Marsa" there shall be substituted the

words "Il-Marsa";

(jj) for the word "Mellie]a" there shall be substituted

the words "Il-Mellie]a";

(kk) for the word "Mosta" there shall be substituted the

words "Il-Mosta";

(ll) for the word "Mqabba" there shall be substituted the

words "L-Imqabba";

(mm) for the word "Msida" there shall be substituted the

words "L-Imsida";

(nn) for the word "Munxar" there shall be substituted the

words "Il-Munxar";

(oo) for the word "Nadur" there shall be substituted the

words "In-Nadur";

(pp) for the word "Naxxar" there shall be substituted the

words "In-Naxxar";

(qq) for the word "Qala" there shall be substituted the

words "Il-Qala";

(rr) for the word "Qrendi" there shall be substituted the

words "Il-Qrendi";

(ss) for the word "Rabat" there shall be substituted the

words "Ir-Rabat";

(tt) for the word "Sannat" there shall be substituted the

words "Ta’ Sannat";

(uu) for the word "Swieqi" there shall be substituted the

words "Is-Swieqi";

(vv) for the word "Xag]ra" there shall be substituted the

words "Ix-Xag]ra";

(ww) for the word "Xewkija" there shall be substituted the

words "Ix-Xewkija";

(xx) for the word "Xg]ajra" there shall be substituted the

words "Ix-Xg]ajra";

(yy) for the word "|ebbu[" there shall be substituted the

words "I\-|ebbu[";

(zz) for the word "|urrieq" there shall be substituted the

words "I\-|urrieq"; and

(aaa) for the word "Mtarfa" there shall be substituted the

words "L-Imtarfa".

44. The Second Schedule to the principal Act shall be

amended as follows

(a)

for the words "Qormi (Città Pinto)" there shall be

substituted the words "Ħal Qormi (Città Pinto)";

(b) for the word "śebbuā (Città Rohan)" there shall be

substituted the words "ĦaŜ-śebbuā (Città Rohan)";

(c)

for the words "śabbar (Città Hompesch)" there shall

be substituted the words "ĦaŜ-śabbar (Città Hompesch)";

(d) for the word "Attard" there shall be substituted the

words "Ħ’Attard";

(e)

for the word "Balzan" there shall be substituted the

words "Ħal Balzan";

(f)

for the word "Dingli" there shall be substituted the

words "Ħad-Dingli";

(g) for the word "Għargħur" there shall be substituted

the words "Ħal Għargħur";

(h)

for the word "Għaxaq" there shall be substituted the

words "Ħal Għaxaq";

(i)

for the word "Kirkop" there shall be substituted the

words "Ħal Kirkop";

(j)

for the word "Lija" there shall be substituted the

words "Ħal-Lija";

(k) for the word "Luqa" there shall be substituted the

words "Ħal-Luqa";

(l)

for the word "Safi" there shall be substituted the

words "Ħal Safi";

(m) for the word "Sliema" there shall be substituted the

words "Tas-Sliema";

(n) for the word "Tarxien" there shall be substituted the

words "Ħal Tarxien";

(o) for the word "Māarr" there shall be substituted the

words "L-Imāarr";

(p) for the word "}amrun" there shall be substituted the

words "Il-}amrun";

(q) for the word "Valletta" there shall be substituted the

words "Il-Belt Valletta (Città Umilissima)";

(r)

for the word "Mdina" there shall be substituted the

words "L-Imdina (Città Nobile)";

(s)

for the word "Birgu" there shall be substituted the

words "Il-Birgu (Città Vittoriosa)";

(t)

for the word "Isla" there shall be substituted the

words "L-Isla (Città Senglea)";

(u) for the word "Bormla" there shall be substituted the

words "Bormla (Città Cospicua)";

(v) for the word "Si[[iewi" there shall be substituted

the words "Is-Si[[iewi (Città Ferdinand)";

(w) for the word "|ejtun" there shall be substituted the

words "I\-|ejtun (Città Beland)";

(x)

for the word "Rabat" there shall be substituted the

words "Ir-Rabat (Città Victoria)";

(y) for the word "Fgura" there shall be substituted the

words "Il-Fgura";

(z)

for the word "Floriana" there shall be substituted the

words "Il-Furjana";

(aa) for the word "Gudja" there shall be substituted the

words "Il-Gudja";

(bb) for the word "G\ira" there shall be substituted the

words "Il-G\ira";

(cc) for the word "G]arb" there shall be substituted the

words "L-G]arb";

(dd) for the word "G]asri" there shall be substituted the

words "L-G]asri";

(ee) for the word "Iklin" there shall be substituted the

words "L-Iklin";

(ff) for the word "Kalkara" there shall be substituted the

words "Il-Kalkara";

(gg) for the word "Ker`em" there shall be substituted the

words "Ta’ Ker`em";

(hh) for the word "Marsa" there shall be substituted the

words "Il-Marsa";

(ii) for the word "Mellie]a" there shall be substituted

the words "Il-Mellie]a";

(jj) for the word "Mosta" there shall be substituted the

words "Il-Mosta";

(kk) for the word "Mqabba" there shall be substituted the

words "L-Imqabba";

(ll) for the word "Msida" there shall be substituted the

words "L-Imsida";

(mm) for the word "Munxar" there shall be substituted the

words "Il-Munxar";

(nn) for the word "Nadur" there shall be substituted the

words "In-Nadur";

(oo) for the word "Naxxar" there shall be substituted the

words "In-Naxxar";

(pp) for the word "Qala" there shall be substituted the

words "Il-Qala";

(qq) for the word "Qrendi" there shall be substituted the

words "Il-Qrendi";

(rr) for the word "Rabat" there shall be substituted the

words "Ir-Rabat";

(ss) for the word "Sannat" there shall be substituted the

words "Ta’ Sannat";

(tt) for the word "Swieqi" there shall be substituted the

words "Is-Swieqi";

(uu) for the word "Xag]ra" there shall be substituted the

words "Ix-Xag]ra";

(vv) for the word "Xewkija" there shall be substituted the

words "Ix-Xewkija";

(ww) for the word "Xg]ajra" there shall be substituted the

words "Ix-Xg]ajra";

(xx) for the word "|ebbu[" there shall be substituted the

words "I\-|ebbu[";

(yy) for the word "|urrieq" there shall be substituted the

words "I\-|urrieq"; and

(zz) for the word "Mtarfa" there shall be substituted the

words "L-Imtarfa".

45. The Sixth Schedule to the principal Act shall be amended Amendment of

the Sixth

as follows

Schedule to the

prinicipal Act.

(a)

Standing Order 2 contained therein shall be

amended as follows

(i) in the proviso to paragraph (2) thereof,

immediately after the word "Provided" there shall be

inserted the word "further";

(ii) in paragraph (2) thereof, immediately after

the words "as the Mayor may fix" there shall be added the

following two provisos

"Provided that this meeting shall not be held

before the lapse of two working days from the

meeting which was not held due to lack of

quorum

Provided further that the Mayor or whoever

is presiding shall wait for up to half an hour from

the established time before declaring lack of

quorum;"; and

(iii) immediately after paragraph (2) thereof, there

shall be added the following new paragraph

"(3) In the minutes of that meeting the

Executive Secretary shall register the Councillors

present, the time elapsed before the meeting was

deferred and the day and time of the deferred

meeting.";

(b) In Standing Order 5 contained therein, immediately

after paragraph (l) thereof there shall be added the following

new paragraph

"(m) In every Local Council meeting the last item

of the agenda shall be the adjournment of the meeting

when the date and time of the next Council meeting shall

be fixed.

If there is no unanimous agreement when the next

meeting is to be held, the date and time shall be decided by

a vote requiring a simple majority.

Such date and time shall not be changed for any

reason and the Executive Secretary and the Mayor shall

ensure that the agenda of the next meeting is delivered to

the Councillors at least five days before the date of the

meeting. In this manner the Councillors shall have the

opportunity to prepare for what will be discussed during

the meeting.";

(c)

in paragraph (8) of Standing Order 14A contained

therein, immediately after the words "for their safe custody."

there shall be added the words "The Executive Secretary shall

also ensure that the approved minutes are posted on the official

website of the Council.";

(d) immediately after paragraph (4) of Standing Order

29 contained therein, there shall be added the following new

paragraph

"(5) Sub-Committees appointed by the Council

shall be directly answerable to the Local Council.";

(e)

Standing Order 32 contained therein shall be

amended as follows

(i) paragraph (1) thereof shall be re-numbered as

paragraph (a) thereof, and immediately after there shall be

added the following new paragraphs

"(b) The Executive Secretary shall attach a

copy of the Schedule of Payments and a copy of

each related document with the agenda when

forwarding the said agenda to the Councillors.

(c) During the meeting requests for

payment received after the agenda for that meeting

was sent may be brought up.

(d) The Executive Secretary shall mark on

each invoice the word "approved" and the date and

reference of the meeting when approval was

given.".

46. In the Seventh Schedule to the principal Act, paragraphs 1 Amendment of

to 7, both inclusive, shall be deleted and paragraph 8 shall be the

Schedule to the

principal Act.

renumbered as paragraph 1.

47. For the Eighth Schedule to the principal Act, there shall be Substitution of

the Eighth

substituted the following new Schedule

Schedule to the

principal Act.

"EIGHTH SCHEDULE

(Article 55)

Financial Allocation to Local Councils shall cover the

following

1. Landscaping and Maintenance of Parks and Gardens;

2. Roads Maintenance and Roads Fixtures;

3. Waste Management; and

4. Administration;

as worked out in the table below

1. The Formula

Apportionment

Denominator

Category

1. Landscaping and Maintenance of Parks and Gardens

Parks and Gardens and Soft Areas

relevant areas

2. Roads Maintenance and Infrastructure

a =13%

road lengths for the four

b= 17%

Street Sweeping and Weed Cutting

categories of urban roads

c= 43%

d = 27%

Cleaning of Roads (non-urban)

road lengths - non-urban zone

70%

road lengths - urban zone

Maintenance of Roads, Bus Shelters, Roads Signs, Markings

and Street Lamps

30%

road lengths - non- urban zone

3. Waste Management

Refuse Collection and Bins on Wheels

number of properties

4. Administration

number of councillors

Administration costs

The apportionment for each category will be worked out as

follows

1.1 Landscaping and Maintenance of Parks and Gardens

Total area of parks gardens, soft areas and verges in each

locality in proportion to the total area of parks, gardens, soft areas and

verges of all the localities added together

multiplied by

Total apportionment allocated by Government

for

the

maintenance of parks, gardens, soft areas and verges

1.2 Roads Maintenance and Road Fixtures

2a. Street Sweeping and Weed Cutting of Urban Roads

Total length of urban roads per category of road (a, b, c and d) in

each locality in proportion to the total length of urban roads in of all

localities added together per category (a, b, c and d) respectively

multiplied by

Total apportionment allocated by Government for the cleaning

of urban roads per category (a, b, c, d) respectively

Where a, b, c and d are the road lengths for the four categories

of urban roads of locality determined according to the frequency of

cleaning required.

2b. Cleaning of Non Urban Roads

Total length of non urban roads in each locality in proportion to

the total length of non-urban roads in all the localities added together

multiplied by

Total apportionment allocated by Government for the cleaning

of non-urban roads

2c. Maintenance of Roads, Bus Shelters, Roads Signs,

Markings and Street Lamps

[(Total length of non urban roads in each locality in proportion

to the total length of urban roads in all of the localities added together

multiplied by 30%)

added to

(Total length of urban roads in each locality in proportion to the

total length of roads in all of the localities added together multiplied

by 70%)]

multiplied by

Total apportionment allocated by Government for the

maintenance of roads, bus shelters, roads signs, markings and street

lamps

1.3 Waste Management

Total number of properties in each locality in proportion to the

total number of properties in all of the localities added together

multiplied by

Total apportionment allocated by Government for waste

management

1.4 Administration

Total number of councillors in the locality in proportion to the

total number of councillors in all of the localities added together

multiplied by

Total apportionment

allocated

by

Government

for

administration.

2. Explanatory Note

The workings related to the four functions in Section 1 of this

Schedule are explained in detail in the document titled ‘Funding

Module for Local Government 2009’ held by the Department for

Local Government.".

48. In the Ninth Schedule to the principal Act, for the word

"hamlets" wherever it occurs, there shall be substituted the word

"communities".

49. The Tenth Schedule to the principal Act shall be

substituted by the following new Schedule

"TENTH SCHEDULE

Time-table of Elections for Local Councils

Elections in one-third of the Local Councils specified

hereunder*

Elections in half the Local Councils specified hereunder**

Elections in half the Local Councils specified hereunder

***

Elections in half the Local Councils (2012 group) ****

Elections in half the Local Councils (2013 group)

Elections in half the Local Councils (2012 group)

Elections in half the Local Councils (2013 group)

* elections are held in Imdina, Bormla, |abbar, Rabat (G),

Birkirkara, Fgura, Gudja, G]arb, G]axaq, Kalkara, Lija, Marsaskala,

M[arr, Msida, Nazzar, Pietà, Rabat (M), San {wann, Sannat, Sliema,

Tarxien, Xg]ajra and Mtarfa

** the Local Councils which will hold elections this year will be

22 Local Councils which were meant to hold their elections in 2010

which are Birgu, Isla, }al Qormi, }a\-|ebbu[ (Malta), Si[[iewi,

}’Attard, }al Balzan, }ad-Dingli, Bir\ebbu[a, Floriana, G\ira,

G]ajnsielem, }al G]arg]ur, }amrun, Iklin, Ker`em, Kirkop, }al-

Luqa, Marsa, Marsaxlokk, Mosta, Munxar, Nadur, Paola, Qala, }al

Safi, San {iljan, San Lawrenz, San Pawl il-Ba]ar, Santa Lu`ija,

Swieqi, Xag]ra, |ebbu[ (Gozo) and |urrieq

*** this year elections will be held for those Councils which

held their election in 2009 and eleven Local Councils which were

meant to hold their elections in 2011. Valletta, Mdina, Bormla, }a\-

|abbar, |ejtun, Rabat (Gozo), Birkirkara, Fgura, Fontana, Gudja,

G]arb, G]asri, G]axaq, Kalkara, }al Lija, Marsaskala, Mellie]a, L-

Im[arr, Msida, Mqabba, Naxxar, Pembroke, Pietà, Qrendi, Rabat

(Malta), San {wann, Sannat, Santa Venera, Tas-Sliema, Ta’ Xbiex,

}al Tarxien, Xewkija, Xg]ajra and Mtarfa

**** this group will, once only, have a term of three years - but

before it would have had a term of five years (part of it) so that

elections are brought to a year in/year out situation.".

50. Immediately after the Tenth Schedule to the principal Act Addition of new

Eleventh

there shall be added the following new schedule

Schedule to the

principal Act.

"ELEVENTH SCHEDULE

Gozo

Northern

Central

Southern

South

Region

Region

Region

Region

Eastern

Region

Ir-Rabat

L-Imdina

}’Attard

Il-Belt Valletta

}al Qormi

(Città

(Città Notabile)

(Città

(Città Pinto)

Victoria)

Umilissima)

Fontana

}ad-Dingli

}al Balzan

Il-Birgu

}a\-|ebbu[

(Città

(Città Rohan)

Vittoriosa)

G]ajnsielem

}al-G]arg]ur

Birkirkara

L-Isla

Is-Si[[iewi

(Città Senglea)

(Città

Ferdinand)

L-G]arb

Il-Mellie]a

Il-G\ira

Bormla

Bir\ebbu[a

(Città

Cospicua)

L-G]asri

L-Im[arr

L-Iklin

}a\-|abbar

Il-Gudja

(Città

Hompesch)

Ta’ Ker`em

Il-Mosta

}al-Lija

I\-|ejtun

}al G]axaq

(Città Beland)

Il-Munxar

In-Naxxar

L-Imsida

Il-Fgura

Il-}amrun

In-Nadur

Pembroke

Pietà

Il-Furjana

}al Kirkop

Il-Qala

Ir-Rabat

San {iljan

Il-Kalkara

}al-Luqa

San

San Pawl

il-

San {wann

Il-Marsa

L-Imqabba

Lawrenz

Ba]ar

Ta’ Sannat

Is-Swieqi

Santa

Marsaskala

Il-Qrendi

Venera

Ix-Xag]ra

L-Imtarfa

Tas-Sliema

Marsaxlokk

}al Safi

Ix-Xewkija

Ta’ Xbiex

Ra]al {did

Santa Lu`ija

I\-|urrieq ".

I\-|ebbu[

}al Tarxien

Ix-Xg]ajra

Passed by the House of Representatives at Sitting No. 143 of the

30th September, 2009.

L OUIS G ALEA

Speaker

P AULINE A BELA

Clerk to the House of Representatives