ACT No. XV of 2015 AN ACT to provide for the establishment of a Council to be known as Arts Council Malta to encourage and promote the culture and creative sectors within a wide perspective of socio-economic activity, and to make provision with respect to matters ancillary

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

29th May, 2015

ACT No. XV of 2015

AN ACT to provide for the establishment of a Council to be

known as Arts Council Malta to encourage and promote the culture

and creative sectors within a wide perspective of socio-economic

activity, and to make provision with respect to matters ancillary

thereto or connected therewith.

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 Arts Council Malta

Act, 2015.

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

may by notice in the Gazette establish, and different dates may be so

established for different provisions of this Act.

(3) A notice under sub-article (2) may make such transitional

provisions as appear to the Minister to be necessary or expedient in

connection with the provisions thereby brought into force.

Cultural and Creative Sectors

The table below provides a general framework encompassing activities within the

cultural and creative sectors.

1. Heritage

2. Arts

3. Media

4. Creative Business

Services

1.1

Crafts

2.1

Visual Arts

3.1

Publishing

and 4.1

Design

Printed Media

1.2

Antiques

2.2

Music

3.1.1 Books

4.1.1 Interior Design

1.3

Traditional

2.3

Performing

3.1.2 Press

4.1.2 Graphic Design

Festivals

and

Arts

Celebrations

1.4 Cultural Sites

2.3.1

Theatre

3.1.3 Other publications

4.1.3 Fashion Design

1.4.1 Archaeological 2.3.2

Dance

3.2 Audiovisuals

4.1.4 Product Design

Sites

1.4.2 Museums

3.2.1 Film

&

Video 4.2

Software

Production

and

Distribution

1.4.3 Environmental

3.2.2 Film servicing

4.3

Creative

Heritage

Services

1.5 Libraries

3.2.3

Television

4.3.1 Architecture

1.6 Archives

3.2.4

Radio

4.3.2 Advertising

3.2.5

Videogames

4.3.3 Other creative

services

3.2.6

Other Broadcasting 4.4

Cultural

Services

In this Act, unless the context otherwise requires -

"associations and constituted bodies" means those organisations

representing professionals and practitioners in the sector, listed in a

notice issued by the Minister and published in the Gazette;

"Board" means the Board of Directors established by article 5;

"Chairperson" means the Chairperson of the Board and

includes, in the circumstances mentioned in article 6(5), the Deputy

Chairperson or any other person appointed to act as Chairperson;

"contractor" means a person acting in pursuance of an

agreement entered into with the Council or in accordance with article

12(2)(e)(vi);

"Council" means Arts Council Malta established by article 4;

"creative economy" means the economic activity generated by

the cultural and creative sectors;

"cultural and creative sector or sectors" means the sector or

sectors whose activities by individuals, organisations and enterprises

operating in any of the activities listed in the First Schedule, are based

on cultural values and, or artistic and other creative expressions,

whether those activities are market or non-market orientated whatever

the type of structure that carries them out, and irrespective of how

that structure is financed. These activities are identified as a set of

culturally significant, knowledge-based activities, born of creativity

and cultural capital, that encompass the cycles of creation,

production, distribution and preservation of cultural and creative

goods and services, and which have the potential to generate cultural

and social development, economic growth and employment;

"Cultural Organisations having a public interest" means

autonomous non-governmental bodies receiving advances out of the

Consolidated Fund operating in the sectors, as contained in the

Second Schedule;

"Director" means the person appointed under article 9(8);

"employee" means a person employed by the Council or by any

of the entities listed in the Schedules;

"Executive Chairperson" means the person appointed under

article 9(1) when such appointment is made by the Minister;

"Executive Director" means the person appointed under article

9(3) when such appointment is made by the Board;

"expert groups" means individuals and representatives as

appointed in accordance with article 8 of this Act;

"financial year" means any period of twelve months ending on

the 31st December of each year or such other date as may be

determined by the Minister;

"Minister" means the Minister responsible for culture;

"Public Cultural Organisations" means public bodies receiving

advances out of the Consolidated Fund operating in the sectors as

contained in the Third Schedule.

PART II

Establishment and Objectives of the Council

Public Cultural Organisations

a.

Teatru Manoel

b.

Mediterranean Conference Centre

c.

Malta Philharmonic Orchestra

d.

Fondazzjoni Ċentru għall-Kreattività

e.

Pjazza Teatru Rjal

f.

Fondazzjoni Valletta 2018

g.

Żfin Malta

(1) There shall be a body, to be known as Arts Council Establishment

Malta, to implement the objectives and perform the functions and

personality of

assigned to it by or under this Act.

the Council.

(2) The Council shall be a body corporate having a distinct

legal personality and capable of entering into contracts, of acquiring

and disposing of property of any kind for the purposes of its functions

under this Act or any other law, of suing and being sued, and of doing

all such things and entering into all transactions as are incidental or

conducive to the exercise or performance of its functions as herein

contained.

Cultural Organisations having a public interest

a.

Fondazzjoni Patrimonju Malti

b.

Malta Society of Arts, Manufactures and Commerce

c.

St John’s Co-Cathedral Foundation

Passed by the House of Representatives at Sitting No. 262 of the

12th May 2015.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€2.88

The objectives of the Council shall be to

Objectives of

the Council.

(a)

advocate and be a strategic leader and catalyst for

the cultural and creative sectors, (hereinafter referred to as "the

sector") through inter alia the implementation of strategies,

with a particular focus on

(i) knowledge-based cultural and creative

development;

(ii) education and training;

(iii) intelligence and data building;

(iv) business

development,

funding

and

investment;

(v) diversity and communities; and

(vi) internationalisation.

(b) promote innovation in the sectors and stimulate a

creative ecosystem for the generation of contemporary creative

content;

(c)

initiate,

develop

and

promote

strategies,

programmes and initiatives

necessary to enhance the

performance of the sectors;

(d) act as a broker for the sectors and as a bridge

between the sectors and other sectors;

(e)

promote the awareness and utilisation of intellectual

property in the sector;

(f)

ensure the development of a sustainable creative

economy;

(g) facilitate and promote the sustainable development

of creative individuals and organisations;

(h) facilitate the participation in, and access to, cultural

and creative activity;

(i)

foster active and participatory citizenship in culture

and promote cultural inclusion, equality, diversity and the

freedom of creative expressions;

(j)

increase the understanding, appreciation, enjoyment

and expression of culture; and

(k) safeguard the dynamic development of those

cultural characteristics, including intellectual, linguistic,

traditional and folkloric, which identify the Maltese people.

PART III

Composition, Functions and Conduct of Affairs of the Council

(1) The Board of the Council shall consist of a The Board of

Chairperson and not less than four and not more than eight other the Council.

members. One of the members shall be nominated by the Minister

responsible for Gozo. At least one of the members shall be selected

from a list of at least five persons nominated by associations and

constituted bodies representing professionals and practitioners active

in the sectors.

(2) The members of the Council shall be appointed by the

Minister for a term of three years, but the members so appointed shall

be eligible for re-appointment on the expiration of their term of

office.

(3) The Minister may designate any one other member of the

Board as Deputy Chairperson and the member so designated shall

have all the powers and perform all the functions of the Chairperson

during his temporary absence or inability to act as Chairperson, or

while the Chairperson is on vacation, or during any vacancy in the

office of Chairperson

Provided that if the Chairperson’s absence is permanent or

long-lasting, the Minister may appoint any other person as

Chairperson in accordance with the provisions of this article, and in

such case the foregoing provisions shall apply in respect of such

person.

(4) A person shall not be qualified to hold office as a member

of the Board if that person -

(a)

is a member of the House of Representatives or of

the European Parliament; or

(b)

is a Judge or Magistrate; or

(c)

is legally interdicted or incapacitated; or

(d) is convicted of an offence affecting public trust, or

of theft or fraud, or of knowingly receiving property obtained by

theft or fraud, or of bribery or of money laundering, or has

otherwise been sentenced to a term of imprisonment for a term

not less than three months;

(e)

is subject to disqualification under article 320 of the

Companies Act;

(f)

has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his functions as

a member of the Board

Provided that the Minister may waive the

disqualification of a person under this paragraph if such person

declares the interest, and such declaration and waiver are

published in the Gazette.

(5) Subject to the provisions of this article, the office of a

member of the Board shall become vacant -

(a)

on the expiration of the member’s term of office;

(b) if any circumstances arise that, if he were not a

member of the Council, would cause him to be disqualified for

appointment as member; or

(c)

if the member resigns or if one of the scenarios

mentioned in sub-article (4) materialises.

(6) A member of the Board may be removed from office by

the Minister if, in the opinion of the Minister, such member is unfit to

continue in office or has become incapable of properly performing his

duties as a member.

(7) If a member resigns or if the office of a member of the

Board is otherwise vacant or if a member is for any reason unable to

perform the functions of his office, the Minister may appoint a person

who is qualified to be appointed to be a temporary member of the

Board; and any person so appointed shall, subject to the provisions of

sub-articles (5) and (6), cease to be such a member when a person has

been appointed to fill the vacancy or, as the case may be, when the

member who was unable to perform the functions of his office

resumes those functions.

(8) Any member of the Board who has any direct or indirect

interest in any contract made or proposed to be made by the Board,

not being an interest which disqualifies such member from remaining

a member, shall disclose the nature of his interest at the first meeting

of the Board after the relevant facts have come to his knowledge.

Such disclosure shall then be recorded in the minutes of the Board,

and the member having an interest as aforesaid shall withdraw from

any meetings at which such contract is discussed. Any such

disclosure shall be communicated to the Minister without delay.

Where the interest of the member is such as to disqualify him from

remaining a member, he shall report the fact immediately to the

Minister and tender his resignation.

(1) The meetings of the Board shall be called by the Provisions with

Chairperson as often as may be necessary for the performance of its respect

proceedings of

functions either on his own initiative or at the request of any two of the Board.

the other members, but the Board shall meet at least once every two

months.

(2) The quorum at all meetings of the Board shall be half the

number of directors for the time being constituting the Board and

shall in no case be less than three members.

(3) Subject to the provisions of this Act, the Board may

regulate its own procedure.

(4) Subject to the foregoing provisions of this article, an act or

proceeding of the Board shall be valid notwithstanding any vacancy

among its members.

(5) In the absence of the Chairperson at any meeting of the

Board, the Deputy Chairperson shall act as Chairperson; in the

absence of both the Chairperson and of the Deputy Chairperson, the

Board members present may select from amongst themselves a

person to act as Chairperson at the meeting.

(6) The decisions of the Board shall be taken by a majority of

the votes of the members present and voting. In the case of equal

votes, the Chairperson or other person presiding at the meeting shall

have a second or casting vote.

(7) There shall be paid to the members of the Board such

remuneration, if any, as the Minister may from time to time

determine.

(8) The Board may appoint any employee of the Council to act

as Secretary to the Board.

(9) The Board may from time to time invite any person to

attend one or more of its meetings to provide expert advice on

specific issues

Provided that such person is invited for a limited number

of meetings in connection with a specific subject.

(1) It shall be the duty of the Board to monitor the

strategies and work of the Council, to ensure that the Council’s

objectives and functions are properly carried out in line with the

policies and strategies which have an impact on the sectors.

(2) The functions of the Board are to

(a)

provide leadership, guidance, support and direction

to the Council;

(b) propose to the Government policies on matters

concerning the sectors;

(c)

ensure that the Council’s strategic plan is in line

with Government policy;

(d) provide Government with such advice, information

and assistance as may reasonably be required in relation to the

sectors;

(e)

provide Government with regular reports on the

performance of the sectors and, where necessary, with any

proposal for the furtherance of the sectors;

(f)

approve initiatives, programmes and guidelines for

schemes and incentives to be managed by the Council;

(g) provide any person with such advice, information

and assistance as it considers appropriate in relation to the

sectors and any other matter falling within its competence.

(3) For the better performance of its functions, the Board may,

with the approval of the Minister, establish and dissolve directorates

within the Council with particular responsibility for the discharge of

any of the functions or activities of the Council.

(1) The Board may establish and dissolve any number

of expert groups for any purpose relating to its functions as it deems

fit.

(2) The Board shall determine the composition of the said

expert groups, in response to sectors’ specific or thematic matters to

be discussed.

(3) The members of the expert groups shall be appointed by or

removed by the Board and shall hold office for such period and on

such terms and conditions as the Board may deem appropriate.

(4) An expert group shall, for the better carrying out of the

provisions of this Act, advise the Council on such matters and

perform such other functions as the Board may specify in the

instrument of appointment.

(5) Each expert group shall keep minutes of all meetings and

shall forward copies of such minutes to the Board.

(1) Subject to the foregoing provisions of this Act, the Direction of the

direction of the affairs and business of the Council shall be the affairs

business of the

responsibility of the Board.

Council.

(2) The Minister may decide that the executive conduct of the

Council, its administration and organisation and the administrative

control of its officers and employees shall be vested in the Chairperson,

who shall also have such other powers and functions as may from

time to time be delegated to him by the Board.

(3) The decision of the Minister mentioned in sub-article (2)

shall be made in writing in the letter of appointment of the

Chairperson or at a later stage if the office of the Executive Director

is vacant. Where such an appointment is made, the terms of

engagement of the Executive Chairman shall be determined by the

Minister.

(4) Where the Chairperson has not been vested with the

powers mentioned in sub-article (2), the Board may, with the approval

of the Minister, appoint an Executive Director with responsibility for

the executive conduct of the Council, its administration and

organisation and the administrative control of its officers and

employees, or other powers as may be determined by the Board.

(5) The appointment of the Executive Director shall be for a

period of three years and may be extended for further periods of three

years each.

(6) The Executive Director shall attend all the meetings of the

Board but shall not vote at such meetings

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

Executive Director not to attend any of the meetings or any part of a

meeting.

(7) The Executive Chairperson or the Executive Director shall,

subject to the general direction by the Board, be responsible for the

implementation of the objectives of the Council in the exercise of its

functions and without prejudice to the generality of the foregoing he

shall

(a)

assume full responsibility for the administration and

organisation and the administrative control of the officers and

employees of the Council and for such purpose, assign to each

officer or employee such duties as may be required;

(b) develop the necessary strategies

for

the

implementation of the objectives of the Council;

(c)

advise the Council on any matter it may refer to him

or on any matter which he considers necessary or expedient;

(d) perform such other duties as the Council may assign

to him from time to time.

(8) The Board may appoint Directors to manage any

Directorate established by the Council in accordance with any

function or activity of the Council, as may from time to time be

determined by the Board.

(9) Directors appointed under sub-article (8) may be invited to

attend the meetings of the Board but shall not vote at such meetings.

(1) Where a member of the staff of the Council, or a

consultant, advisor, board member, member of an expert group, or

other person engaged by the Council, has any interest in any matter

which falls to be considered by the Council, he shall -

(a)

disclose to the Board the nature of his interest at the

first meeting of the Board after such interest is acquired or in

advance of any consideration of the matter, whichever is the

earlier;

(b) not influence or seek to influence a decision in

relation to such matter; and

(c)

take no part in any consideration of such matter.

(2) Where a question arises as to whether or not a course of

conduct, if pursued by a person, would constitute failure by him to

comply with the requirements of sub-article (1), the question shall be

determined by the Board and the decision and its motivation shall be

recorded in the minutes of the meeting during which the decision was

taken.

(3) Where a disclosure is made to the Board pursuant to sub-

article (1), particulars of the disclosure shall be recorded in the

minutes of the relative meeting.

(4) Where a person to whom sub-article (1) applies fails to

make the required disclosure, the Board shall decide the appropriate

action to be taken which may include the removal from office or

termination of the contract of the person concerned.

(5) Save as may be otherwise required or permitted for the

purposes of this Act, or in the course of a prosecution for an offence

committed against any of the provisions of this Act or of any other

law, the Council shall, in carrying out the functions or duties under

this Act, be bound by the provisions of the Professional Secrecy Act Cap. 377.

and shall not divulge any information obtained in the course of the

discharge of its duties unless permission has been obtained from the

Board.

(1) The legal and judicial representation of the Council Legal and

judicial

shall be vested in the Chairperson

representation.

Provided that the Board may appoint the Executive

Director or from time to time any one or more of the Directors

referred to in article 9(7), or any one or more of its officers or

employees, to appear in its name and on its behalf in any judicial

proceedings or on any act, contract, instrument or other document

whatsoever.

(2) Any document purporting to be an instrument made or

issued by the Council and signed by the Chairperson shall be received

in evidence and shall, until the contrary is proved, be deemed to be an

instrument made or issued by the Council.

(1) It shall be the duty of the Council to develop the Functions of the

sector and promote Malta’s cultural and creative sectors nationally Council.

and internationally through all forms of creative expression and to

increase the accessibility of the public to culture and the arts.

(2) In the performance of its duties, the Council shall have the

following functions

(a)

to advocate for the sectors and advise Government

on

(i) the development of cultural policy, the

creative economy, policies for the sectors and all

other matters concerning its functions or regulated

by this Act;

(ii) structuring and integrating resources, at

both Central and Local Government levels, in order

to facilitate inter-industry linkages, enhance

sustainability and competitiveness, and ensure

minimal bureaucracy;

(iii) the signing of any bilateral, multilateral

or international treaty, convention or agreement;

(iv) measures and action-plans to achieve the

policies, strategies and objectives set by

Government or by the Council; and

(v) the setting up of appropriate monitoring

and evaluation mechanisms;

(b)

to service the sectors by

(i) acting as a single service point for the

sectors;

(ii) supporting the sectors through the

provision of appropriate advice, information,

intelligence,

programmes,

incentives

and

initiatives;

(iii) hosting international and, or European

offices resulting from Malta’s bilateral, regional, or

international obligations relevant to the sectors;

(iv) administering the Malta Cultural Institute

for the international promotion of Malta’s cultural

and creative sectors;

(v) carrying out or giving effect to any

relevant international convention or other

international agreements relating to which the

Government or the Council is or intends to become

a party;

(vi) collaborating with other public entities,

organisations and other persons for the promotion

of artistic, cultural and creative initiatives in an

environment which recognises the value of culture

and creativity as central to a democratic and

healthy community;

(vii)promoting intellectual property rights,

and advising the sectors on aspects of their

protection and commercialisation, and reporting

feedback and proposals to the Comptroller of

Industrial Property;

(viii) managing land, sites,

premises,

services, and facilities for the sectors;

(ix) setting up as necessary registers and lists

according to the different sectors and the

stakeholders and institutions involved therein; and

(x) overseeing the age-classification system

for specific areas of the sectors;

(c)

to develop and facilitate the implementation of

strategies to

(i) professionalise the sectors and develop

expertise;

(ii) assist the sectors access national and

international markets;

(iii) promote Malta as a hub for the sectors;

(iv) support industry networks and platforms

that represent the sectors;

(v) encourage active participation in cultural

programmes and activities;

(vi) develop particular sub-sectors, niches or

matters as may, from time to time, be considered

relevant, important or necessary in connection with

the advancement and furtherance of the sectors;

(vii)encourage excellence and innovation

particularly through the use of new digital

technologies; and

(viii) enhance the role of the sectors in

education and in fostering citizenship, creativity

and innovation;

(d)

to be the national research point for the sectors by

(i) conducting and disseminating research

for the sectors, including compiling and managing

records, statistics, and databases related to the

sectors as may be appropriate in connection with

its functions; and

(ii) collaborating

on

national

and

international research projects and data gathering

exercises with key national entities;

(e)

to invest in the sectors by

(i) devising, managing, approving and

awarding incentives which include benefits,

advances, loans, awards, schemes, grants, funding

programmes and other financial facilities requiring

the disbursement of funds, including funds

originating from national or international sources,

to any natural or legal person, according to criteria

established by or under this Act or any other

enactment, if any;

(ii) allocating funds donated or entrusted to

the Council by any person for a specific purpose or

for the promotion of culture, the arts, and the

creative industries in general, and according to

such terms and conditions, if any, as stipulated by

the said person

Provided that where no terms or conditions

are attached to the allocation of funds, the

provisions of sub-paragraph (i) shall apply;

(iii) strengthening the organisations listed in

the Second and Third Schedules to fulfil their remit

which is in furtherance of National Cultural Policy

and the strategic framework established by the

Council and as stipulated by written instrument or

as assigned to them by Government;

(iv) assessing and monitoring the strategies,

financial estimates, and financial records of the

organisations listed in the Second and Third

Schedules and setting criteria for their funding

based on their role and contribution to the

development of the sectors;

(v) advancing funds as may be allocated by

Government for the management, administration

and operational requirements of the entities listed

in the Second and Third Schedules; and

(vi) subject to the provisions of this Act, the

Council may exercise its functions through any of

its officers or employees or through an entity, or

agency authorised for the purpose, or through a

contractor or other person with whom an

agreement for the performance of any one or more

of such functions has been entered into, and in such

cases the contractor shall have such powers, rights

and obligations as an officer or employee of the

Council and shall, for the purposes of this Act and

any regulation or directive made thereunder, be for

all intents and purposes considered an employee of

the Council.

(2) In carrying out its functions under this Act, the Council

shall ensure that its strategy, action plans and activities conform to the

aims and objectives of national economic planning, general

Government and Ministry policy, and shall give primary

consideration to the flexible and evolving nature of the creative

The Council shall have the power

Powers of the

Council.

(a)

to provide information and issue guidelines to the

public and to cultural entities, relating to the sectors;

(b) to do all such things as may be necessary for the

proper discharge of its functions under this Act, including the

setting up of other entities and committees as necessary, with

the approval of the Minister;

(c)

to perform such other functions as may from time to

time be assigned to it by the Minister; and

(d) to otherwise advise the Minister on any matter

connected with its functions under this or any other Act.

(2) The Council may, with the prior authorisation of the

Minister, take part in the formation of a company, or enter into joint

ventures or partnerships for the purpose of fulfilling any of its

(3) The Council may require any person to provide it with any

information, including financial information, for the purpose of

ensuring compliance by that person with the provisions of this Act,

regulations prescribed thereunder and decisions or directives made in

accordance with this Act or any other law which the Council is

entitled to enforce.

(1) The Minister may, upon the advice of the Council,

by order establish bodies corporate having a distinct legal personality

to administer and manage such assets or undertakings as may be

identified to fall within the responsibilities of the entities listed in the

Second Schedule.

(2) The Minister shall in such order establish the composition

and powers of the governing bodies of such entities and shall

establish rules relating to the accountability, financial control and

audit of such entities as well as rules relating to any other matter

ancillary thereto which the Minister may in his opinion deem

necessary for the good governance and the proper functioning of such

bodies.

(3) The Minister may from time to time by regulations under

this article amend or substitute the rules referred to in sub-article (2).

(4) The Minister may by similar order remove any asset or

undertaking from the administration or management of any body

corporate established under this article and may also by any such

order transfer any such administration or management from one body

corporate so established to another such body corporate.

(5) The Minister may, by notice in the Gazette, add to or

remove from the list of organisations listed in the Second and Third

Schedules.

(6) The rules and provisions contained in Part V shall, mutatis

mutandis, apply to all Public Cultural Organisations listed in the

Second Schedule.

PART IV

Employment and Transfer of Staff

Subject to the provisions of the Constitution and of any

other enactment applicable thereto, and without prejudice to the other

provisions of this Act, the appointment of officers and other

employees of the Council shall be made by the Council. The terms

and conditions of employment shall be established by the Council.

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

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

detailed for duty with the Council in such capacity and with effect

from such date as may be specified in the direction.

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

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

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

date, or a different date is specified in the direction, end on the

happening of any of the following events, that is to say

(a)

the acceptance by such officer of an offer of transfer

to the service of, and permanent employment with the Council

made in pursuance of article 18; or

(b) the revocation by the Prime Minister of any

direction made by him under this article in relation to such

officer.

(3) Where a direction as aforesaid is revoked by the Prime

Minister in relation to any officer, the Prime Minister may, by further

direction, detail such officer for duty with the Council in such

capacity and with effect from such date as may be specified in the

further direction and the provisions of sub-article (2) shall thereupon

apply to the period of duration of such further direction in relation to

such officer.

(1) Where any public officer is detailed for duty with Status of public

the Council under any of the provisions of article 16, such officer officer

for duty with the

shall, during the time in which such direction has effect in relation to Council.

him, be under the administrative authority and control of the Council,

but he shall for all other intents and purposes remain and be

considered and treated as a public officer.

(2) Without prejudice to the generality of the foregoing, an

officer detailed for duty as aforesaid -

(a)

shall not, during the time in respect of which he is so

detailed -

(i) be precluded from applying for a transfer

to a department of the Government in accordance

with the terms and conditions of service attached to

the appointment under the Government held by

him at a date on which he is so detailed for duty; or

(ii) be so employed that his remuneration

and conditions of service are less favourable than

those which are attached to the appointment under

the Government held by him at the date aforesaid

or which would have become attached to such

appointment, during the said period, had such

officer not been detailed for duty with the Council;

and

(b) shall be entitled to have his service with the Council

considered as service with the Government for the purposes of

any pension, gratuity, or benefit under the Pensions Ordinance

and under the Widows’ and Orphans’ Pensions Act and of any

other right or privilege to which he would be entitled, and shall

be liable to any liability to which he would be liable, but for the

fact of his being detailed for duty with the Council.

(3) Where an application is made as provided in sub-article

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

applicant had not been detailed for service with the Council.

(4) The Council shall pay to the Government such

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

responsible for finance in respect of the cost of pensions and

gratuities earned by an officer detailed for duty with the Council as

aforesaid during the period in which he is so detailed.

(1) The Council may, with the approval of the Prime

Minister, offer to any officer detailed for duty with the Council under

any of the provisions of articles 15 to 17 permanent employment with

the Council at a remuneration and on terms and conditions not less

favourable than those enjoyed by such officer at the date of such

offer.

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

aforesaid shall not be deemed to be less favourable merely because

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

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

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

offer substantially equivalent or greater benefits.

(3) Every public officer who accepts permanent employment

with the Council offered to him under the provisions of sub-article (1)

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

of the Widows’ and Orphans’ Pensions Act and, saving the provisions

of sub-article (6), be deemed to have ceased to be in the service of the

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

date of his acceptance, and for the purposes of the said Ordinance and

of the said Act, so far as applicable to him, service with the Council

shall be deemed to be service with the Government within the

meanings thereof respectively.

(4) Every such public officer as aforesaid who, immediately

before accepting permanent employment with the Council, was

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

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

his service with the Council were service with the Government.

(5) The Council shall pay to the Government such

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

responsible for finance in respect of the cost of pensions and

gratuities earned by a public officer who has accepted permanent

employment with the Council as aforesaid during the period

commencing on the date of such public officer’s acceptance.

(6) (a)

For the purpose of the Pensions Ordinance, the Cap. 93.

pensionable emoluments of such public officer on retirement shall be

deemed to be the pensionable emoluments payable to a public officer

in Government service in a grade and at an incremental level

corresponding to the post and incremental level at which the public

officer retires from the Council.

(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 centrally for personnel policies

in the public service and one appointed by the Council. The

classification shall be subject to the final approval of the Minister

responsible for finance.

(c)

Such classification shall take place within three

months of any adjustment of salaries of employees in Government

service and, or, of employees of the Council.

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

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

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

in the Gazette determine.

(e)

Without prejudice to 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 Cap. 93.

which he would have been entitled prior to such classification.

PART V

Financial Provisions

(1) Without prejudice to the following provisions of this Council to meet

article, the Council shall so conduct its affairs that so much of the expenditure

of revenue.

expenditure required for the proper performance of its functions shall,

as far as practicable, be met out of its revenue.

(2) For such purpose the Council shall levy all fees, rates and

other payments prescribed or deemed to be prescribed by or under

this Act.

(3) Any excess of revenue over expenditure shall, subject to

such directives as the Minister, after consultation with the Minister

responsible for finance, may from time to time give, be applied by the

Council to the formation of reserve funds to be used for the purposes

of the Council; and without prejudice to the generality of the powers

given to the Minister by this sub-article, any direction given by the

Minister as aforesaid may order the transfer to the Government, or the

application in such manner as may be specified in the direction, of

any part of the fees, rates and other payments levied in accordance

with sub-article (2) or any such excess as aforesaid.

(4) Any funds of the Council not immediately required to meet

expenditure may be invested in such manner as may from time to time

be approved by the Minister.

The Minister responsible for finance may, after

consultation with the Minister, make advances to the Council of such

sums as he may agree to be required by the Council for carrying out

any of its functions under this Act, and may make such advances on

such terms and conditions as he may, after consultation as aforesaid,

deem appropriate. Any such advance may be made by the Minister

responsible for finance out of the Consolidated Fund, and without

further appropriation other than this Act, by warrant under his hand

authorising the Accountant General to make such advance.

(1) The Council shall also receive from Government out

of the Consolidated Fund such sums as may be required for the

allocation of funds in terms of this Act.

(2) Without prejudice to any other provision of this Act, the

Minister may give to the Council directives as to the application of

those sums as referred to in sub-article (1).

(1) For the purpose of carrying out any of its functions

under this Act, the Council may, with the approval in writing of the

Minister, given after consultation with the Minister responsible for

finance, borrow or raise money in such manner, from such person,

body or authority, and under such terms and conditions as the

Minister, after consultation as aforesaid, may in writing approve.

(2) The Council may also, from time to time, borrow, by way

of overdraft or otherwise, such sums as it may require for carrying out

its functions under this Act

Provided that for any amount in excess of one hundred and

fifty thousand euro (€150,000), there shall be required the written

approval of the Minister.

(1) The Minister responsible for finance may, for any Borrowing from

requirements of the Council of a capital nature, contract or raise Government.

loans, or incur liabilities, for such periods and on such terms and

conditions as he may deem appropriate; and any sums due in respect

of or in connection with any such loan or liability shall be a charge on

the Consolidated Fund.

(2) Notice of any loans, liabilities or advances made or

incurred under sub-article (1) shall be given to the House of

Representatives as soon as practicable.

(3) Pending the raising of any such loan as is mentioned in

sub-article (1), or for the purpose of providing the Council with

working capital, the Minister responsible for finance may, by warrant

under his hand, and without further appropriation other than this Act,

authorise the Accountant General to make advances to the Council

out of the Treasury Clearance Fund under such terms as may be

specified by the Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to the Council, and any other moneys to be advanced to the

Council under this article, shall be paid into a fund specially

established for the purpose and which shall be known as the "Arts

Council Malta Loan Fund".

(5) Sums received by the Accountant General from the

Council in respect of advances made to the Council under sub-article

(3) shall be paid, in respect of amounts by way of repayment, into the

Treasury Clearance Fund, and, in respect of amounts received by way

of interest, into the Consolidated Fund.

(1) The Council shall submit to the Minister a business Estimates of the

plan for the following three financial years together with an estimated Council.

capital and recurrent expenditure and income for the following year

Provided that the estimates for the first financial year of

the Council shall be prepared and adopted within such time as the

Minister may by notice in writing to the Council specify.

(2) In the preparation of such estimates the Council shall take

account of any funds and other monies that may be due to be paid to it

out of the Consolidated Fund during the relevant financial year,

whether by virtue of this Act or an appropriation Act or of any other

law; and the Council shall so prepare the said estimates as to ensure

that the total revenues of the Council are at least sufficient to meet all

sums properly chargeable to its revenue account including, but

without prejudice to the generality of that expression, depreciation.

(3) The estimates shall be made out in such form and shall

contain such information and such comparison with previous

estimates as the Minister responsible for finance may direct.

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

Council, be sent forthwith by the Council to the Minister and to the

Minister responsible for finance.

(5) The Minister shall, at the earliest opportunity and not later

than six weeks after he has received a copy of the estimates from the

Council, approve the same with or without amendment after

consultation with the Minister responsible for finance.

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

Council unless provision thereof has been made in the estimates

approved as provided in article 21.

(2) Except for funds generated by the Council itself or

received from non-State sources, the Council shall remain within the

parameters of capital and recurrent expenditure allocated to it by the

Minister as authorised by the Minister responsible for finance.

(3) Notwithstanding the provisions of sub-articles (1) and (2) -

(a)

until the expiration of six months from the

beginning of a financial year, or until the approval of the

estimates for that year, whichever is the earlier date, the Council

may make or incur expenditure for carrying on its functions

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

amount approved for the preceding financial year;

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

head of the estimates may, with the approval of the Minister,

given after consultation with the Minister responsible for

finance, be made or incurred in respect of another head or sub-

head of the estimates;

(c)

in respect of the first financial year, the Council may

make or incur expenditure not exceeding in the aggregate such

amounts as the Minister responsible for finance may, after

consultation with the Minister, allow; and

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

amount approved in the estimates is not sufficient or a need has

arisen for expenditure for a purpose not provided for in the

estimates, the Council may adopt supplementary estimates for

approval by the Minister, and in any such case the provisions of

this Act applicable to the estimates shall as near as practicable

apply to the supplementary estimates.

All estimates and supplementary estimates of the Council Publication of

approved by the Minister shall, as soon as practicable, be laid on the approved

estimates.

Table of the House.

(1) The Council shall ensure the proper keeping of Accounts and

accounts and other records concerning its operations and transactions, audit.

and shall ensure that a relative statement of accounts is prepared on a

quarterly basis and another in respect of each financial year.

(2) The accounts of the Council shall be audited by an auditor

or auditors to be appointed by the Council and approved by the

Minister

Provided that the Minister responsible for finance may,

after consultation with the Minister, require the books and accounts of

the Council to be audited or examined by the Auditor General who

shall for the purpose have the power to carry out such physical

checking and other certifications as he may deem necessary.

(3) The Council shall, on request of the Minister or the

Minister responsible for finance, submit management reports and

accounts as directed. The Council shall cause a copy of the statement

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

Minister responsible for finance together with a copy of any report

made by the auditors on that statement or on the accounts of the

Council.

The Council shall not award or enter into any contract for Contracts of

the supply of goods or materials or for the execution of works, or for supply or works.

the rendering of services, to or for the benefit of the Council, except

in accordance with regulations in force regulating the procurement of

all goods and services in the public sectors as regulated by the Public S.L. 174.04.

Procurement Regulations.

The Council shall, not later than six weeks after the end of Annual reports.

each financial year, send to the Minister a copy of its audited

statements of accounts, a copy of the report made by the auditor or

auditors about those statements or on the accounts of the Council,

together with a report dealing generally with the activities of the

Council during that financial year and containing such information

relating to the proceedings and policy of the Council. The Minister

shall cause a copy of every such report to be laid on the Table of the

House and to be presented to the Minister responsible for finance and

to the Auditor General as soon as practicable.

(1) All monies accruing to the Council shall be paid into

a bank or banks appointed as bankers of the Council by a resolution

of the Council. Such monies shall, as far as practicable, be paid into

any such banks from day to day, except such sum as the Council may

authorise to be retained to meet petty disbursements and immediate

cash payments.

(2) All payments out of the funds of the Council, other than

petty disbursements not exceeding a sum fixed by the Council, shall

be made by such public officer or public officers of the Council as the

Council shall appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank account

of the Council shall be signed by such officer of the Council as may

be appointed or designated by the Council for that purpose and shall

be countersigned by the Chairperson, or such other member or officer

of the Council as may be authorised by the Council for that purpose.

(4) The Council shall also make provision with respect to -

(a)

the manner in which, and the officer or officers of

the Council by whom, payments are to be authorised or

approved;

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

into which the monies of the Council are to be paid, and the

transfer of funds from one account to the other; and

(c)

the method to be adopted in making payments out of

funds of the Council,

and generally with respect to any matter which is relevant to the

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

of the finances, of the Council.

PART VI

Miscellaneous

The members of the Council, the members and all officers

and employees of the Council shall be deemed to be public officers

within the meaning of the Criminal Code.

(1) The property and undertakings owned by the Malta

Council for Culture and the Arts or Government and used by it

immediately before the date of the coming into force of this Part, and

used by it for the operation of any of the functions which by this Act

are being transferred to or vested in the Council, shall, on the date

aforesaid, by virtue of this Act and without further assurance, be

transferred to and vested in the Council or in the body corporate or

entity so designated by the Minister by which they were held by the

Malta Council for Culture and the Arts or Government immediately

before the said date. The provisions of this sub-article shall not apply

to immovable property.

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

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

for lands in consultation with the Minister and published in the

Gazette (hereinafter referred to as ''the immovable assets'') being

immovable assets which immediately before the coming into force of

this Part were owned by the Malta Council for Culture and the Arts or

Government and used by it for the operation of any of the functions

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

shall, with effect from such day as may be specified in any such Order

and by the virtue of this Act and without any further assurance, be

vested in the Council or in the body corporate or entity so designated

in the said Order made by the said Minister.

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

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

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

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

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

assets, powers, rights and privileges and all things necessary or

ancillary thereto which are held or enjoyed in connection therewith or

appertaining thereto, as well as all obligations affecting or relating to

any of the aforesaid property or undertakings or other thing included

therein as aforesaid.

(4) Any transfer of property, whether moveable or immovable,

shall be subject to all those terms and conditions that the Minister

may deem necessary to ensure that such property is exclusively used

for cultural and artistic purposes or purposes ancillary thereto.

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

regulations, orders, judgements, decrees, awards, deeds, bonds, laws, etc.

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

into force of this Act affecting or relating to any of the properties or

undertakings transferred to the Council by or under this Act shall

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

be enforceable freely and effectually, as if instead of the Malta

Council for Culture and the Arts or the Government or any other

governmental authority or entity the Council had been named therein

or had been a party thereto, and otherwise in substitution of the Malta

Council for Culture and the Arts, the Government or any other

governmental authority or entity.

(1) Where anything has been commenced by or under the

authority of the Malta Council for Culture and the Arts or the

Government prior to the date of the coming into force of this Part and

such thing relates to any of the properties or undertakings or any right

or liability transferred to the Council by or under this Act, such thing

may be carried on and completed by or as authorised by the Council.

(2) Where immediately before the coming into force of this

Part, any legal proceedings are pending to which the Malta Council

for Culture and the Arts or the Government is or is entitled to be a

party, and such proceedings are related to any of the properties or

undertakings, or any right or liability transferred by or under this Act,

the Council shall, as from the date aforesaid, be substituted in such

proceedings for the Malta Council for Culture and the Arts or

Government, or shall be made a party thereto in like manner as the

Malta Council for Culture and the Arts or Government could have

become, and such proceedings shall not abate by reason of the

substitution.

(3) The Minister may by order make such incidental,

consequential and supplemental provisions as he may deem necessary

or expedient for the purpose of determining, as appropriate, the assets

transferred to the Council or to any of the organisations listed in the

Second Schedule by this Act and securing and giving full effect to the

transfer of any property or undertaking or any right or liability to the

Council or to any of the organisations listed in the Second Schedule

by this Act and make such orders as may be necessary to make any

powers and duties exercisable by the Government in relation to any of

the transferred property or undertakings exercisable by or on behalf

of the Council or to any of the organisations listed in the Second

Schedule.

(1) Notwithstanding any provisions of the Income Tax

Act or of any other applicable fiscal law, awards and grants in terms

of programmes that may be developed by the Council to give effect to

its powers and duties under this Act and received by any beneficiary,

shall be exempt from tax

Provided that such awards and grants do not take the form

of income substitution.

(2) The Minister may make regulations to lay down the

conditions relating to accounting, record keeping and reporting by the

Council for the enjoyment of the exemption stated in the preceding

sub-article.

(1) In order to achieve the purposes of this Act, the Power to make

Minister may, after consultation with the Council, make regulations to regulations.

give effect to the provisions of this Act and, without prejudice to the

generality of the foregoing, such regulations may include provision

with respect to

(a)

the establishment of policies for implementation by

the Council;

(b) any matter related to the expenditure and income of

the Council, its estimates and accounts, and their verification;

(c)

the definition and interpretation of terms and

concepts to be used in regulations and guidelines;

(d) amending, substituting or repealing any of the

Schedules;

(e)

the creation of any entity, organisation, or person to

exercise any of the functions of Arts Council Malta, or of the

Public Cultural Organisations;

(f)

the setting up of relevant classification systems;

(g)

age-classification;

(h) schemes for the purpose of funding or investing in

the sectors, cultural and artistic programmes, initiatives and

events;

(i)

any matter referred to in this Act; and

(j)

the deletion or the transposition of any provisions in

the relevant legislation into regulations with such modifications

as the Minister may consider appropriate or necessary

Provided that in so far as existing projects are

concerned, nothing in any regulations made pursuant to this

power shall affect any right, benefit or incentive currently in

force in favour of any undertaking or beneficiary nor impose

any more onerous conditions or obligations than currently in

force and in case of conflict between the regulations and the

relevant legislation, the provisions of the relevant legislation

shall prevail.

(2) The Minister, in concurrence with the Minister responsible

for foreign affairs, may establish a Maltese Cultural Institute, referred

to the Council for Maltese Living Abroad Act, for the promotion and

development of the sector outside Malta, and for such purpose to

regulate the functions and operation of such Institute.

(3) The Minister, in concurrence with the Minister responsible

for finance, may propose to make or modify regulations in

accordance with the provisions of this Act to provide that an

undertaking may be wholly or partly exempted from being liable to

any tax which, but for the provisions of such regulations, would have

been payable, or may introduce any other measure of a fiscal nature.

(1) The Malta Council for Culture and the Arts Act is

hereby repealed, without prejudice to anything done or omitted to

be done thereunder.

(2) Any subsidiary legislation made under the Malta Council

for Culture and the Arts Act shall remain in force as if it were made

under this Act until such time as it may be amended or revoked by

subsidiary legislation made under the provisions of this Act.

(3) Any reference in any law to the "Malta Council for

Culture and the Arts" or to the "Malta Council for Culture and the

Arts Act" shall be construed as a reference to the "Arts Council

Malta" or to the "Arts Council Malta Act", respectively.