ACT No. V of 2017 AN ACT to amend the Malta Council for Economic and Social Development Act, Cap. 431.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

31st January, 2017

ACT No. V of 2017

AN ACT to amend the Malta Council for Economic and Social

Development Act, Cap. 431.

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:-

The short title of this Act is the Malta Council for

Economic and Social Development (Amendment) Act, 2017, and this

Act shall be read and construed as one with the Malta Council for

Economic and Social Development Act, hereinafter referred to as the

"the principal Act".

Immediately after the definition "Malta" in article 2 of the

principal Act there shall be added the following new definition

" "Minister" means the Minister responsible for Social

Dialogue;".

Article 4 of the principal Act shall be amended as follows

(a)

paragraph (d) of sub-article (1) thereof shall be

substituted by the following

"(d) two representatives of the Government, one

representing the Minister responsible for Finance, the

other representing the Minister; and";

(b) sub-article (4) thereof shall be substituted by the

following

"(4) Without prejudice particularly to sub-article (2),

to the provisions of this Act, and to any regulations

made thereunder, the Council may direct that every time

it convenes to carry out any of its functions in

accordance with article 5, substitute members appointed

by virtue of sub-article (2)(a) and (b) may attend

together with members appointed in accordance with

sub-article (1)(c) (d) and (e)."; and

(c)

sub-article (6) thereof shall be substituted by the

following

"(6) The Minister may, after consultation with the

Council, make regulations regarding the procedures to

be adopted by the Council, including the quorum for

meetings, the filling of casual vacancies, loss of mandate

and substitution of members.".

Article 5 of the principal Act shall be amended as follows

Amendment of

article 5 of the

principal Act.

(a)

in sub-article (1) thereof, for the words "advise

Government, through the Prime Minister" there shall be

substituted the words "advise Government, through the

Minister";

(b) in paragraph (f) of sub-article (1) thereof, for the

words "related to the objectives of the Council." there shall be

substituted the words "related to the objectives of the Council;"

and immediately thereafter there shall be added the following

"(g) submit within a time-frame agreed upon by the

Minister and the Minister responsible for Finance, an

annual detailed plan of activities, wherein the Council

explains how it will implement its functions and the

initiatives which it will take within the parameters of the

execution of its functions as defined in sub-article (2),

the spirit of this Act and regulations made thereunder

Provided that the Council may, without prejudice to

the provisions of this Act and to any regulations made

thereunder, take initiatives which are not specifically

mentioned in sub-article (2), which initiatives may be

taken after consultation with the Minister and the

Minister responsible for Finance.";

(c)

in sub-article (3) thereof, for the words "the Council

shall act on specific requests submitted to it by the Government"

there shall be substituted the words "the Council shall act on

specific requests submitted to it by the Government through the

Minister"; and

(d) immediately after sub-article (3) thereof there shall

be added the following new sub-articles

"(4) The Council may, in the implementation of its

functions under this Act, with all means after presenting

a plan of activities for consultation to the Minister

responsible for Finance and to the Minister, embark on a

strategy for external communications for the building of

interactive networks and exchange of resources and

knowledge with other entities and individuals who can

contribute in the implementation of the functions of the

said Council as prescribed in this Act

Provided that, without prejudice to the provisions of

this Act and to any regulations made thereunder, the

Council shall adopt rules of procedure which shall

regulate every stage of its operations, as well as the

procedure of access of the press to its meetings in the

plenary, and for all the meetings held by its respective

organs

Provided further that, without prejudice to the

provisions of this Act and to any regulations made

thereunder, the Council shall regulate the internal

relations between the different organs within the

Council, and its procedures including, but not only, those

concerning internal communications between the organs

within the Council referred to in article 5A.

(5) The Council shall determine the place from

which it shall carry out its operations and all of its

functions, as it deems fit and convenient, without

hindrance and as long as no conflict ensues with any

functions listed under sub-article (1) particularly in

paragraph (a) and unless falling within the parameters of

the budget established for the Council.".

Immediately after article 5 of the principal Act, there shall Addition of new

article to the

be added the following new article

principal Act.

" Bodies within

Without prejudice to the provisions of

the Council.

articles 3 and 4(1) and any other provision of

this Act or to any other regulations made

thereunder, the Council shall include within it

(a)

the Plenary which shall be

constituted from members eligible to

attend for the meetings of the Council;

(b) the Bureau which shall

constituted from the legal representatives

and, or experts engaged by the

organisations; and

(c)

the Working Groups which

shall be constituted by the social partners

subject to what is just and necessary

Provided that no communication to the

general public and, or the media, shall be issued

by the Bureau or Working Groups, in the name

of the Council without approval subject to a

unanimous vote of the Plenary

Provided further that, without prejudice to

the provisions of this Act and to any regulations

made thereunder, the Council may appoint sub-

committees, and generally, shall regulate its own

proceedings.".

In sub-article (2) of article 6 of the principal Act, for the Amendment of

words "shall be appointed by the Prime Minister upon the advice of article

principal Act.

the Minister responsible for dialogue" there shall be substituted the

words "shall be appointed by the Prime Minister upon the advice of

the Minister and the Chairperson of the Council and shall be listed in

a Notice issued by the Prime Minister and published in the Gazette.

Appointments shall be made for a period of two years which shall

commence on the date of appointment.".

In sub-article (2) of article 6A of the principal Act, for the Amendment of

words "shall be appointed by the Prime Minister upon the advice of article

principal Act.

the Minister responsible for dialogue" there shall be substituted the

words "shall be appointed by the Prime Minister upon the advice of

the Minister and the Chairperson of the Council".

In sub-article (1) of article 7 of the principal Act, for the Amendment of

words "with the concurrence of the Prime Minister, may establish" article

principal Act.

there shall be substituted the words "with the consent of the Minister,

may establish".

Article 9 of the principal Act shall be amended as follows

(a)

in sub-article (4) thereof, for the words "to the Prime

Minister and to the Minister of Finance", there shall be

substituted the words "to the Prime Minister, to the Minister

responsible for Finance and to the Minister";

(b) in sub-article (5) thereof, for the words "Prime

Minister" there shall be substituted the word "Minister"; and

(c)

in sub-article (6) thereof thereof, for the words

"Prime Minister" there shall be substituted the word "Minister".

Sub-article (2) of article 10 of the principal Act shall be

substituted by the following

"(2)

Without prejudice to the generality of sub-article

(1) -

(a) until the expiration of six months from the

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

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

Council may make or incur expenditure for the carrying

on of 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) 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.".

Article 12 of the principal Act shall be amended as

follows

(a)

in sub-article (1) thereof, for the words "of the Prime

Minister, appoint such officers" there shall be substituted the

words "of the Minister, appoint such officers"; and for the words

"with the approval of the Prime Minister" there shall be

substituted the words "with the approval of the Minister"; and

(b)

sub-article (2) thereof shall be substituted by the

following

"(2) The Prime Minister may, at the request of the

Minister, from time to time, direct that any public officer

shall be transferred for duty with the Council in such

capacity and with effect from such date as may be

specified in the Prime Minister’s direction

Provided that 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

unless a different date is specified in such direction,

cease to have effect after one year from the effective date

of such direction unless the direction is revoked earlier

by the Prime Minister.".

Article 13 of the principal Act shall be amended as Amendment of

article 13 of the

follows

principal Act.

(a)

in sub-article (2) thereof, for the words "Prime

Minister" there shall be substituted the word "Minister"; and in

the proviso thereto, for the words "Provided that the Minister of

Finance may, after consultation with the Prime Minister" there

shall be substituted the words "Provided that the Minister

responsible for Finance may, after consultation with the

Minister";

(b) in sub-article (3) thereof, for the words "the Council

shall cause a copy of the of accounts duly audited to be

transmitted to the Prime Minister and to the Minister of

Finance" there shall be substituted the words "The Council shall

cause a copy of the accounts duly audited to be transmitted to

the Prime Minister, to the Minister responsible for Finance and

to the Minister";

(c)

in sub-article (4) thereof, for the words "The Prime

Minister shall at the earliest opportunity" there shall be

substituted the words "The Minister shall at the earliest

opportunity"; and

(d) sub-article (5) thereof shall be substituted by the

following

"(5) The financial year of the Council shall be of

twelve months ending on the 30th September.".

Article 14 of the principal Act shall be amended as

follows

(a)

sub-article (1) thereof shall be substituted by the

following

"(1) The Council shall, not later than six weeks after

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

Prime Minister, to the Minister, and to the Minister

responsible for Finance, an annual report on its activities

during that year."; and

(b) in sub-article (3) thereof, for the words "The Prime

Minister shall, at the earliest opportunity" there shall be

substituted the words "The Minister shall, at the earliest

opportunity".

Article 15 of the Act shall be substituted by the following

"15. The Minister may make regulations generally so as

to give effect to the provisions of this Act, and for the better

carrying out of any of the provisions of this Act including

regulations establishing the criteria to be used for the

composition of the Civil Society Committee and the Gozo

Regional Committee, the number of members and any other

matter for the proper functioning of such Committees.".

Passed by the House of Representatives at Sitting No. 474 of the

25th January, 2017.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.72