ACT No. XIV of 2019 AN ACT to further amend the Local Councils Act, Cap. 363. (thirteenthschedule)

I assent.

(L.S.)

GEORGE VELLA

President

26th April, 2019

ACT No. XIV of 2019

AN ACT to further 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 No. 2) Act, 2019, and this Act shall be read and commencement.

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

the "principal Act".

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

responsible for Local Councils may by order in the Gazette establish,

and different dates may be so established for different provisions and

different purposes thereof.

[Article 83]

Code of Ethics for Elected Representatives of Local Councils

The principal title of the principal Act shall be substituted by Amendment of

the principal

the following

title of the

principal Act.

"LOCAL GOVERNMENT ACT".

[Article 33B]

Responsibilities of the Councillors

List of Responsibilities

''.

''ANNEX

14. Birkirkara

51. Ħal Safi

58. Santa Venera

67. Iż-Żurrieq

".

73. In the Schedule to the Commissioners for Justice Act,

immediately after the words "Smoking in Public Places Regulations,

S.L. 315.04" there shall be added the following

"Smoking Control in Private Vehicles

Regulations

S.L. 315.11".

Passed by the House of Representatives at Sitting No. 223 of the

17th April, 2019.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€4.95

Under the heading ‘Schedules’ in ‘Arrangement of Act’ of the

principal Act, immediately after "Eleventh Schedule" there shall be

added the following

"Twelfth Schedule

Protocol for Regional Presidents,

Mayors and Local Councillors

Thirteenth Schedule

Code of Ethics for Local Government

Elected Representatives

Fourteenth Schedule

Councillors’ Responsibilities".

Article 1 of the principal Act shall be substituted by the

following

"1.

The short title of this Act is Local Government Act.".

Article 2 of the principal Act shall be amended as follows

(a) the definition "Association" shall be substituted by

the following

" "Association" means the Association representing

the Local Councils and Regional Councils recognized as

such by the provisions of article 37(3);";

(b) the definition "councillor" shall be substituted by the

following

" "councillor" means a member elected to the Local

Council under the provisions of this Act;";

(c) immediately after the definition "councillor" there

shall be added the following new definition

" "Department" means the Department responsible

for the monitoring and support of Local Government;";

(d) the definition "Director" shall be substituted by the

following

" "Director" means the Director responsible for Local

Government;";

(e) the definition "Executive Secretary" shall be

substituted by the following

" "Executive Secretary" means the person occupying

the post of an Executive Secretary of a Local Council or

Regional Council in accordance with this Act;";

(f) immediately after the proviso to the definition of

"financial year" there shall be added the following new

definition

" "Governance Board" means the Local Governance

Board established by means of regulations issued by the

Minister;";

(g) the definition "Council" shall be substituted by the

following

" "Local Council" means Local Council established

under this Act;";

(h) immediately after the definition "Information and

Data Protection Commissioner" there shall be added the

following new definition

" "Local Government" includes both the Regional

Councils as well as Local Councils;";

(i) the definition "Mayor" shall be substituted by the

following

" "Mayor" means the Mayor of a Council elected in

accordance with the provisions of this Act;";

(j) immediately after the definition "Minister" there

shall be added the following new definition

" "most senior councillor" means that councillor who

has been continuously serving in office and who belongs to

that party or organisation which in the last Local Election

elected the majority of councillors;";

(k) immediately after the definition "population of a

locality" there shall be added the following new definition

" "President" means the President of the Republic;";

(l) immediately after the definition "public service"

there shall be added the following new definition

" "Regional Council" shall have the same meaning as

assigned to it in the Regional Councils Regulations;";

(m)

the definition "resolution" shall be substituted by the

following

" " resolution" means a motion which was discussed

and approved during a Local Council or Regional Council

meeting, and which is so registered in the minutes of the

same meeting;".

The title of Part II of the principal Act shall be substituted by

the following

"Constitution of Local Councils".

Article 3 of the principal Act shall be amended as follows

(a) in sub-articles (1) and (2) thereof, before the word

"Council" there shall be added the word "Local";

(b) paragraph (d) of sub-article (2) thereof shall be

substituted by the following

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

partnerships both with the private sector or with non-

governmental organisations, following approval by the

Director who shall grant such approval after evaluating the

request, and after having obtained the approval of the

Minister responsible for Finance and of the Minister

responsible for Local Government.";

(c) in sub-article (2A) thereof, the words "with the Local

Councils Association" shall be substituted by the words "with

the Association";

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

following

"(6) A Local Council proposing to finance a project

by means of a loan, shall submit its proposal for the

approval of the Minister.".

Immediately after article 3 of the principal Act there shall be

added the following

" Work plan.

3A. By not later than three months from the start

of the working of the legislature, a public meeting

shall be summoned wherein the Council’s Work Plan

shall be discussed. For this purpose, an invite shall

be sent in every residence and the meeting shall be

held in a suitable place.

3B. Persons who attain sixteen years of age

shall have the right to contest Local Council

elections

Provided that if a person of an age between

sixteen years and eighteen years is elected to

Council and obtains the majority of votes from the

party which gets the majority of votes in the first

count, he shall not be declared a Mayor

Provided further that if the number of

councillors elected between sixteen years and

eighteen years is such that there is no councillor over

eighteen years of age who can be declared Mayor,

then the number of councillors increases by one

councillor for each party represented in that Local

Council from amongst those respective party

candidates who were not elected and who, in the last

count of votes, obtained the majority of votes and

who is over eighteen years of age on the election

day

Provided further that if there are no eligible

candidates as provided for in the preceding

paragraph, the vacant post shall be filled through the

choice of a person from the same party or parties.".

Article 5 of the principal Act shall be substituted by the Substitution of

"5. (1) Every citizen of Malta who, after the

publication of the last revised Local Councils electoral register,

attained or shall attain the age of sixteen years up to the day and

including the day preceding the 2015 elections, and who has not

been convicted of any offence connected with the election of

members of Local Councils shall be entitled to vote in elections

of the Local Councils.

(2) Every person who is a national of a Member State of

the European Union who, after the publication of the last revised

European electoral register, and every person who is of a United

Kingdom nationality, who attained or shall attain the age of

sixteen years and who has not been convicted of any offence

connected with the election of members of Local Councils shall

be entitled to vote in election of the Local Councils.".

Article 8 of the principal Act shall be amended as follows

(a) sub-article (1) thereof, before the proviso, shall be

substituted by the following

"(1) The elections of councillors shall be held every

five years by means of the system of proportional

representation using the single transferable vote, and this

by means of manual voting as well as electronically:";

(b) sub-article (3) thereof, before the proviso shall be

substituted by the following

"(3) If no candidates are nominated to contest the

election of a Local Council in accordance with the Third

Schedule, the Minister shall appoint a Committee of

Management chaired by the President of the Association or

his representative, which shall perform all such duties as

are competent on the Council until a new Council is

elected:"; and

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

following

"(6) Elections shall be held on the same day of the

Elections for the European Parliament.

(7) The councillors whose mandate expires on 31

May 2019 shall have their mandate extended till 30 June

2019, and the councillors elected in the elections held on 25

May 2019 shall assume office as from 1 July 2019.".

Article 12 of the principal Act shall be amended as follows

(a) paragraph (d) thereof shall be substituted by the

following

"(d) he is a person in the employment of the Council

for which elections are to be held or Executive Secretary in

any one of the Local Councils or Regional Councils;"; and

(b) the proviso immediately after paragraph (j) shall be

substituted by the following

"Provided that no councillor shall remain in

office if at any time during his term of office he is elected

or chosen as Councillor of any other Local Council or of

any similar institution in any other member state:"; and

immediately after there shall be added the following new

proviso

"Provided further that in the event of any of the

circumstances mentioned in this article, the Minister shall be

informed and shall declare the office as vacant.".

Sub-article (1) of article 17 of the principal Act shall be Amendment of

article 17 of the

substituted by the following

principal Act.

"(1) A member of the Local Council may, at any time,

resign his office in the Local Council by notice in writing signed

by him and delivered to the Executive Secretary and his

resignation shall take effect from the date of the receipt of the

notice by the Executive Secretary, which date shall be

immediately registered by the Executive Secretary, and his office

shall become vacant as of such date. The Executive Secretary

shall give a registered receipt containing the date and time of

resignation, and shall immediately inform all the councillors and

the Director.".

Sub-article (4) of article 19 of the principal Act shall be Amendment of

article 19 of the

substituted by the following

principal Act.

"(4) For the purposes of sub-article (1) the word

"indirect" includes any pecuniary interest which a councillor

may have through his wife or husband, spouse in marriage,

partners in a civil union, children, parents, persons having or

who had children in common, siblings or through any company

(not being a public company) of which he or any one or more of

them is a shareholder or through any company of which he or

any one or more of them is a director.".

Sub-article (4) of article 20 of the principal Act shall be Amendment of

article 20 of the

substituted by the following

principal Act.

"(4) For the purposes of this article, a relevant family

relationship shall be deemed to exist between a councillor and an

officer or candidate if they are married, partners in a civil union

or if the officer or candidate, or the husband or wife of the officer

or the candidate, are the -

(a)

parents;

(b)

grandparents;

(c)

grandson or granddaughter;

(d)

son or daughter;

(e)

siblings;

(f)

uncle or aunt;

(g)

nephew or niece; or

(h)

first cousin,

of the councillor or of the husband or wife, partner in a civil union

of the councillors.".

Article 22 of the principal Act shall be amended as follows

(a) paragraph (a) thereof shall be substituted by the

following

"(a) a report of the Auditor General for persistent

breach of financial responsibilities, and after a formal

notice has been given by the Minister; or";

(b) paragraph (b) thereof shall be substituted by the

following

"(b) persistent non-regard to the provisions of this

Act on report by the Governance Board and after a formal

notice has been given by the Minister; or"; and

(c) paragraph (e) thereof shall be substituted by the

following

"(e) a recommendation to that effect in a report by a

board appointed under the Inquiries Act to the Minister.".

Article 23 of the principal Act shall be amended as follows

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

following

"(1) Upon the dissolution of the Council in

accordance with article 22, or if all the elected councillors

have resigned and no other councillors can be elected in

accordance with the Third Schedule, or if the Council

cannot function for whatever reason, the Electoral

Commission shall, within thirty days, hold an election for

the new Council

Provided that no election shall be held where

the remaining term of office of the dissolved Council is

less then six months."; and

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

following

"(2) The Minister shall within fifteen days from the

dissolution of the Council, appoint a Committee of

Management chaired by the President of the Association or

his representative which shall perform all such duties as

are competent on the Council until a new Council is

elected

Provided that until a Committee of

Management is appointed, the Executive Secretary shall

perform all such duties as are competent on the Local

Council.".

In sub-article (3) of article 24 of the principal Act the word Amendment of

article 24 of the

"Board" shall be substituted by the words "Governance Board".

principal Act.

Article 25 of the principal Act shall be amended as follows

Amendment of

article 25 of the

principal Act.

(a) in sub-article (1) thereof, immediately after the

words "the absolute majority of Councillors in such Council"

there shall be added the words "and having over eighteen years

of age";

(b) in the first proviso to sub-article (1A) thereof the

words "in age" shall be deleted;

(c) in sub-article (4) thereof immediately after the words

"he refuses" there shall be added the words "or does not answer

within a week";

(d) in sub-article (5) thereof immediately after the words

"specific sector" there shall be added the words "as specified in

the Fourteenth Schedule"; and

(e) immediately after sub-article (5) there shall be added

the following new sub-article (6)

"(6) In the event that a circumstance arises where

the office of the Mayor and Deputy Mayor are vacant, the

subsequent meeting wherein there shall be held the

elections for the Mayor and Deputy Mayor shall be

summoned by the most senior councillor, and the

provisions of sub-article (4) apply mutatis mutandis.".

Immediately after article 25 of the principal Act there shall be Addition of new

article 25A to the

principal Act.

added the following new article 25A

" Persons

(1) A person under eighteen years of age

under

who is an elected councillor and who has obtained

eighteen

the majority of votes amongst the candidates of the

years of age

not eligible

party which obtains the majority of first count votes

for the office

of Mayor.

is not declared Mayor

Provided that if there is vacancy in the

office of the Mayor, and the person who was

eligible when he was elected councillor had not yet

attained eighteen years of age and was thus not

elected Mayor, but at the time of the vacancy would

have attained eighteen years of age, shall, if willing

to accept the office, be declared Mayor whereas if

not willing to accept the office, the provisions of

article 25 shall apply.

(2) The provisions of sub-article (1) shall

mutatis mutandis apply if there is a vacancy in the

office of Deputy Mayor.".

20. Article 29A of the principal Act shall be substituted by the

following

"29A. The Mayor, or at least one-third of the councillors,

shall have the right to request 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, and all the applicable procedures

for local council meetings shall be adopted, including the time at

which the meeting shall be convened

Provided that when a councillor requests an urgent

meeting, he shall be bound to indicate the nature of the urgency

and why the matter in question cannot wait to be put on the

agenda of the next meeting in accordance with the ordinary

conduct of the meetings. The decision whether the request for an

urgent meeting be acceded to shall be taken by the Mayor in

accordance with the guidelines issued by the Director after

consultation with the Association.".

21. Article 30 of the principal Act shall be substituted by the

following

"30. When a vote of no confidence as provided in article

29 is carried, it shall be communicated to the Director and the

Minister by the Executive Secretary without delay.".

22. Sub-article (2) of article 31 of the principal Act shall be Amendment of

article 31 of the

substituted by the following

principal Act.

"(2) If for the purposes of sub-article (1) the Deputy

Mayor is unable to perform the functions of Mayor, for any

reason whatsoever, such function shall be performed by the most

senior councillor provided that he shall by not later then three

working days from the occurrence of the circumstance

mentioned in this sub-article, provide to the Executive Secretary

his acceptance in writing, and in case that this does not happen,

the Minister shall have the faculty to appoint a member from the

Association to chair the meetings.".

23. Article 32 of the principal Act shall be amended as follows

Amendment of

article 32 of the

principal Act.

(a) the marginal note thereof shall be substituted by the

following

"Allowances to the Councillors and Honorarium to

the Mayor."; and

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

following

"(1) The Council shall pay an honorarium to the

Mayor of its locality as follows

(a) in localities having five councillors, an

amount equivalent to forty-five percent (45%) of the

honorarium payable to a member of parliament;

(b) in localities having between seven and

nine councillors, an amount equivalent to sixty five

percent (65%) of the honorarium payable to a

member of parliament;

(c) in localities having more then nine

councillors, an amount equivalent to eighty five

percent (85%) of the honorarium payable to a

member of parliament;";

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

following

"(2) The Minister may, by regulations, establish the

allowance that Local Councils may pay to Councillors, which

allowance shall be paid every month:"; and

(d) immediately after sub-article (4) thereof there shall

be added the following

"The notification shall be made by the Executive

Secretary to the Head of Department and shall specify that

such activity is an official council activity.".

24. Sub-article (1) of article 33 of the principal Act shall be

amended as follows

(a) in paragraph (i) thereof,

the

words

"where

applicable" shall be deleted; and

(b) in paragraph (s) thereof, immediately after the word

"sports" there shall be added the words "or physical".

25. Immediately after article 33 of the principal Act there shall be

added the following new article 33A

(1) In the first meeting of the

" Responsibilities

assigned to

Local Council held after the election, the

councillors.

Mayor shall assign to each Councillor any one

of the responsibilities listed in the Fourteenth

Schedule. For this purpose, each councillor has

the right to appoint a sub-committee, and from

amongst the members of the said sub-

committee there shall be appointed a secretary.

(2) At the end of each year, each councillor

shall submit a report on his work in the sector of

which he is responsible, which reports shall be

included in the Administrative Report.

(3) Apart from those subject matters listed

in the Fourteenth Schedule, the Mayor shall

have the right to assign amongst the councillors

other responsibilities as he deems fit and

according to the localities’ needs.

(4) The

Executive

Secretary

shall

immediately inform the Director once the

responsibilities are assigned to the councillors.".

26. Sub-article (1) of article 34 of the principal Act shall be

substituted by the following

"(1) A Local Council may make, amend or revoke bye-

laws for the purpose of carrying out its functions and for the

prevention and suppression of nuisances in its locality and to

increase funds other than those allocated to it in terms of article

55.".

27. Article 35 of the principal Act shall be amended as follows

Amendment of

article 35 of the

principal Act.

(a)

sub-article (1) thereof shall be deleted;

(b) sub-article (2) thereof shall be renumbered as sub-

article (1) and substituted by the following

"(1) A Local Council shall, on application, furnish

to any person a copy of the proposed bye-laws, or of any

part thereof, without payment.";

(c) sub-article (3) thereof shall be renumbered as sub-

article (2);

(d) sub-article (4) thereof shall be renumbered as sub-

article (3) and the word "six" shall be substituted by the word

"eight";

(e)

sub-article (5) thereof shall be deleted;

(f) sub-article (6) thereof shall be renumbered as sub-

article (4);

(g) sub-article (7) thereof shall be renumbered as sub-

article (5) and substituted by the following

"(5) The Minister shall have the right to object to

any bye-law approved by any Council and shall signify

such objection and the justification thereof in writing to the

Council by not later than eight weeks.";

(h)

sub-article (7) thereof shall be deleted.

28. Sub-article (6) of article 36 of the principal Act shall be Amendment of

article 36 of the

substituted by the following

principal Act.

"(6) The Minister may by order in the Gazette direct that

the provisions of sub-articles (2), (3), (4) and (5) shall apply to

one or more of the offences listed in the Schedule to the

Commissioners for Justice Act and whenever any such order is Cap. 291.

made prosecution in relation to such infringements shall be

conducted by the Executive Secretary before the Commissioner

for Justice who shall sit in any place as designated under sub-

article (3).".

29. In paragraphs (a), (b) and (c) of sub-article (2) of article 36A

of the principal Act the word "thereof" shall be substituted by the

words "of Part V" whenever it appears.

30. Article 37A of the principal Act shall be amended as follows

(a) the marginal note thereof shall be substituted by the

following

"Regional Councils."; and

(b) in sub-article (1) thereof the word "five" shall be

substituted by the word "six";

(c) in paragraph (a) of sub-article (2) thereof the word

"Committee" shall be substituted by the word "Council";

(d) paragraph (b) of sub-article (2) thereof shall be

renumbered as paragraph (c) and substituted by the following

"(c) Each Mayor forming part of that Region shall

appoint its representative to form part of the Regional

Council.";

(e) immediately after paragraph (a) thereof, there shall

be added the following new paragraph (b)

"(b) A candidate is eligible to contest for the office

of President of the Region if he is a resident in a locality

forming part of the same region or is an elected councillor

in a Local Council which forms part of that region, or is the

President in office up to the date of the opening of

nominations for the election.";

(f) paragraph (c) of sub-article (2) thereof shall be

renumbered as paragraph (d) and the word "Committee" shall be

substituted by the word "Council";

(g) immediately after paragraph (d) of sub-article (2)

thereof as renumbered there shall be added the following new

paragraph (e)

"(e) The President of the Region and the President

of the Association shall not be councillors, and if a

councillor in office is elected to any of such offices, he

shall resign from being a councillor.";

(h) sub-article (3) thereof shall be renumbered as sub-

article (5) and shall be substituted by the following

"(5) The Regional Council shall appoint a person to

act Executive Secretary to the same Council.";

(i) sub-article (4) thereof shall be renumbered as sub-

article (6);

(j) sub-article (5) thereof shall be renumbered as sub-

article (7) and the word "Committees" shall be substituted by the

word "Councils";

(k) sub-article (6) thereof shall be renumbered as sub-

article (8) and the word "Committees" shall be substituted by the

word "Councils";

(l) sub-article (7) thereof shall be renumbered as sub-

article (9) and shall be substituted by the following

"(9) The Regional Councils shall be appointed for

such time as provided for in the Local Government S.L 363.06.

(Association) Regulations.";

(m) sub-article (8) thereof shall be renumbered as sub-

article (10) and the word "Committees" shall be substituted by

the word "Councils";

(n) immediately after sub-article (2) thereof there shall

be added the following new sub-articles (3) and (4)

"(3) The Regional Council is another level of Local

Government.

(4) The geographical distribution of the regions as

established in the Eleventh Schedule shall be officially

recognized by any entity whether governmental or not.";

and

(o) immediately after sub-article (10) thereof as

renumbered there shall be added the following new sub-articles

(11) and (12)

"(11) The Presidents of the Regional Committees

whose mandate expires in 2022 will continue to retain such

mandate even if any one of them is not elected as a

councillor in the Local Elections held on 25 May 2019

Provided that the Regional Presidents whose

mandate expires in 2022 shall renounce to the office of

councillor if they are re-elected to the council in the local

elections held on 25 May 2019, in the event that the

Regional Presidents want to hold the office of Regional

Council Presidents, such condition to resign shall not be

applicable to the President of the Association and the

members of the Association elected from the general list

Provided further that the provisions mentioned

in the proviso of this article shall be with effect from 24 June

2019. (12) Each year the Minister responsible for finance

shall allocate a provision under the Appropriation Act

which will serve for the exercise of the functions of

Regional Councils. The amount appropriated shall be

established according to a formula determined by

regulations issued by the Minister.".

31. Immediately after article 37A of the principal Act there shall be

added the following new sub-article 37B

The functions of Regional Councils shall

Regional Councils.

be the following

(a) the issuance of a call for tenders for

the service to local councils within them for waste

management and this shall come into effect from

the year 2022, and this without prejudice to the

functions of the local councils in terms of article

33(1)(b);

(b) the social aspect, which includes

researches and report of social impact

evaluations, which report shall be made within

the first year of each legislature;

(c) the provision of assistance to local

councils within the region, which assistance

includes the provision of professional services

including the environmental sector, social,

cultural, touristic and information technology;

(d) the provision of assistance to local

councils within the region to benefit and

successfully manage programmes which are

funded by the European Union;

(e) the provision of subsidy to students

for researches regarding aspects relating to the

region;

(f) the coordination with local councils of

sports and physical activities and initiatives,

including those relating to welfare;

(g) the coordination with ministries,

departments and Government entities to facilitate

the work of local councils, including coordination

with the maintaining order sections;

(h) to give an opinion regarding the Local

Plan and the same opinion will be attached to the

report submitted to the House;

(i) the preparation, on an annual basis, of

a Work Plan which includes the Region’s

financial needs and human resources.".

32. In article 38 of the principal Act, immediately after the words Amendment of

"Local Councils" there shall be added the following new words "and article

principal Act.

Regional Councils".

33. Article 39 of the principal Act shall be substituted by the Substitution of

article 39 of the

following

principal Act.

"39. For the purpose of discharging any functions in

pursuance of any matter under this Part of the Act, a Local or

Regional Council, shall contract out and expose to competition

any of the functions assigned to it, any person employed in terms

of articles 52 and 53 or by another Local Council or Regional

Council which has exposed or is to expose the carrying out of the

functions to competition

Provided that no councillor or a Local Council or

Regional Council employee or any company in which such

councillor or employee has a majority shareholding or

controlling interest, shall tender or submit quotations for any

works, goods or services or for the transfer of any land for which

a call for tenders or quotations has been issued by the Council of

which he is such a member or employee

Provided further that with the approval of the

Minister, a Local Council or Regional Council may make

arrangements with any public body, government department or

other Local Council or Regional Council, for -

(a)

the supply by one party to the other of any

goods;

(b) the provision by one party to the other of any

administrative, professional or technical services;

(c) the use by one party of any vehicle, plant or

apparatus belonging to the other and the placing at the

disposal of the first-mentioned party of the services of any

person employed in connection with the vehicle, plant or

apparatus in question; and

(d) the provision or maintenance by one party of

any works, facility, amenity, equipment or thing for the

provision or maintenance of which the other is responsible,

on such terms as may be agreed according to arrangements reached

between the parties.".

34. Article 40 of the principal Act shall be substituted by the

following

" Acquisitions.

Any acquisition by the Local Council or

Regional Council shall be made in accordance

with the Local Councils Procurement

Regulations.".

35 . Article 41 of the principal Act shall be substituted by the

following

" Projects co-

With respect to projects co-financed by

financed by the

the European Union, the tendering procedures

European

shall be in accordance with the rules of the

Union.

European Union and in accordance with the Local

Councils Procurement Regulations.".

36. Article 43 of the principal Act shall be substituted by the

following

"43. (1) During the meetings the Local Councils and the

Regional Councils shall follow the standing orders in the Sixth

Schedule to this Act.

(2) Local Council and Regional Council meetings shall

be held at least once a month.

(3) Local Council meetings which shall be held once a

month and urgent meetings shall start not before 5.00 pm and not

later then 7.00 pm and shall not last for more than three (3)

hours, unless otherwise unanimously agreed to.

(4)

Other meetings may be convened as unanimously

agreed to by the councillors

Provided that the times established for statutory

meetings of the Local Council may be set otherwise if for

reasons of convenience all the councillors agreed to this.".

37. Article 44 of the principal Act shall be amended as follows

Amendment of

article 44 of the

principal Act.

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

following

"(1) Every meeting of a Local Council and a

Regional Council shall be open to the public and it shall be

streamed and kept on demand on the internet in an

audiovisual form on the Local Council’s and Regional

Council’s website."; and

(b)

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

following

"(2) Where at a meeting of a Local Council or a

Regional Council the Council resolves itself into

committee, the proceedings in committee shall for the

purposes of this Act be treated as forming part of the

proceedings of the meeting of the Local Council or the

Regional Council.".

38. Article 45 of the principal Act shall be amended as follows

Amendment of

article 45 of the

principal Act.

(a) sub-article (1), including paragraph (a) thereof, shall

be substituted by the following

"(1) The Executive Secretary shall, if so requested

and upon payment of required fee for the supply of any

such permissible information, furnish –

(a) a copy of the agenda and accompanying

documents directly related to the agenda and which

are to be discussed at the meeting as circulated to

members of the Local Council or Regional Council;

and"; and

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

"so supplied; and" shall be substituted by the words "so

supplied.", and sub-paragraph (c) and (d) shall be deleted.

39. In article 46 of the principal Act, the word "Council" shall be Amendment of

article 46 of the

substituted by the words "Executive Secretary".

principal Act.

40. Article 47 of the principal Act shall be amended as follows

(a) sub-article (1) shall be substituted by the following

"(1) Subject to the provisions of this article, the

Local Council or the Regional Council may appoint

committees for the purpose of assisting Local Councils and

Regional Councils in the execution of their functions.";

(b)

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

"(2) Committees established under sub-article (1)

shall consist of a Chairperson from among the

councillors.";

(c) sub-article (5) shall be substituted by the following

"(5) The Chairperson of the committee shall present

the minutes in the first meeting of the Council.";

(d) immediately after sub-article (5) there shall be added

the following new sub-article (6)

"(6) The Executive Secretary shall be an ex officio

member of the Financial Committee.".

41. Article 47A of the principal Act shall be amended as follows

(a) sub-article (5) shall be substituted by the following

"(5) The Mayor shall assign the responsibility of the

community found within the locality to the councillor

having his residence in this community. If more than one

councillor resides in that community, the councillors shall

vote for one of the councillors who resides in that

community and who shall be assigned the responsibility of

that community. If none of the councillors resides in that

community, the Mayor shall assign this responsibility to

the councillor who he deems merits this responsibility

Provided that for the Swatar Community there

shall be assigned two councillors, one from the locality of

Birkirkara and another from the locality of l-Imsida.";

(b) sub-articles (6), (7), (8) u (9) shall be deleted; and

(c) immediately after sub-article (5) there shall be added

the following new sub-article (6)

"(6) There shall be a financial allocation for

Communities, 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.".

Article 48 of the principal Act shall be amended as follows

Amendment of

article 48 of the

principal Act.

(a) in sub-article (1) the words "including persons using

a wheelchair" shall be deleted;

(b) sub-article (2) shall be substituted by the following

"(2) The administrative offices of the Local Council

shall be open to the public on all working days including

Saturday during normal office hours as established by

directives issued by the Minister after consultation with the

Association."; and

(c) sub-article (3), including its proviso, shall be

substituted by the following

"(3) Any meetings of the Local Council shall be

held at the Local Council’s administrative offices.".

Article 49 of the principal Act shall be amended as follows

Amendment of

article 49 of the

principal Act.

(a) the marginal note thereof shall be substituted by the

following

"Appointment of Executive Secretary and Deputy

Executive Secretary.";

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

following

"(1) Every Local Council shall have an Executive

Secretary and a Deputy Executive Secretary.";

(c) in sub-article (2) thereof immediately before the

word "Council" there shall be added the word "Local";

(d) sub-article (3) thereof shall be substituted by the

following

"(3) The Executive Secretary shall be a public

officer during the performance of his duties chosen from a

pool of persons for this purpose.";

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

following

"(4) Where a Local Council fails to appoint an

Executive Secretary or Deputy Executive Secretary, the

Minister shall appoint an Acting Executive Secretary or

Acting Deputy Executive Secretary.";

(f) paragraph (a) of sub-article (6) thereof shall be

substituted by the following

"(a) at the request of the Local Council or Regional

Council, after a motion has been put forward stating the

justified and substantiated reasons for his removal and

after approval by the Local Council or Regional Council;

or";

(g) in paragraph (b) of sub-article (6) thereof,

immediately after the words "within the Council;" there shall be

added the word "or";

(h) paragraph (c) of sub-article (6) thereof shall be

substituted by the following

"(c) at the request of the Director following

shortcomings shown in the local auditors’ report or

following a reconnaissance by the Director, 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:"; and

(i) in the second proviso to paragraph (c) of sub-article

(6) thereof the words "Public Administration Act." shall be

substituted by the words "Public Administration Act:" and

immediately after there shall be added the following new

proviso

"Provided also that when a motion is put

forward as provided in paragraph (a), the Executive

Secretary shall be suspended from office with right of pay

until a decision or otherwise is take with regards to his

suspension. During this period of time the Executive

Secretary shall report for work at the Department.".

Article 50 of the principal Act shall be substituted by the Substitution of

article 50 of the

following

principal Act.

"50. Subject to the provisions of articles 49 and 53, a

Local Council shall designate a Deputy Executive Secretary

from the employees in scale 11 and above of the Council to

exercise the functions of the Executive Secretary whenever the

office of Executive Secretary is vacant or the Executive

Secretary is for any reason unable to act. The Executive

Secretary shall give due notice to the Council in writing of any

instance where he is unable to act

Provided that if in that particular Local Council none

of the employees are of the scale required, the Deputy Executive

Secretary shall be designated from another Local Council as long

as he has the required qualifications.".

Article 51 of the principal Act shall be substituted by the Substitution of

article 51 of the

following

principal Act.

" Full-time

An Executive Secretary shall only act

Executive

on a full-time basis.".

Secretary.

46. In article 52 of the principal Act, immediately after paragraph Amendment of

article 52 of the

(g) there shall be added the following new sub-articles (h) and (i)

principal Act.

"(h) be responsible for the management both of the

employees of the Local Council and Regional Council as well as

of the workers assigned to the Local Council and Regional

Council; and

(i) perform those other duties as stipulated in the Local S.L. 363.20.

Councils (Human Resources) Regulations.".

47. Article 53 of the principal Act shall be amended as follows

Amendment of

article 53 of the

principal Act.

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

substituted by the following

"(a) Subject to the provisions of article 110(6) of the

Constitution, the Local Council may appoint such other

employees as the Council thinks necessary for the efficient

discharge of functions of the Council and this following the

approval of the Department.";

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

deleted;

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

renumbered as paragraph (b);

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

following

" Qualifications

The Minister may, by regulations,

of Executive

and after consultation with the Association

Secretaries and

prescribe the qualifications to be possessed by,

Council

employees.

the remuneration payable to and the technical

administrative and office procedures to be

followed by -

(a) any person appointed to the

office of the Executive Secretary or

Deputy Executive Secretary of a

Council; and

(b) any person appointed to such

other post as may be prescribed.";

(e) sub-article (3) thereof shall be substituted by the

following

" Removal,

(1) The removal from office,

suspension and

suspension or re-instatement, or any

reinstatement of

withholding of the remuneration, of the

Executive

Secretaries and

Executive Secretary or the Deputy Executive

employees of the

Council.

Secretary of a Council and of any other

employees for whom qualifications are

prescribed under article 53A shall be subject

to the approval of the Minister

Provided that such removal,

suspension or withholding shall only become

effective from such date as may be

determined by the Minister.

(2) A Council shall not, without the

approval of the Minister, remove from office

or suspend, or withhold the remuneration of

an Acting Executive Secretary or Deputy

Executive Secretary appointed by the

Minister under article 49(4).

(3) Employees of the Council shall be

appointed for a period of three years and

their contract may be renewed for successive

three year periods under such terms and

conditions as may be prescribed under

article 53A.";

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

following

" Data

Unless there is a court order to the

protection.

contrary, information relating to a particular

employee or office-holder, former employee

or former office-holder, or job applicant shall

be treated as confidential and shall not be

made available to persons other than the

members of the Council, members of staff as

delegated by the Executive Secretary, the

Minister in the exercise of his functions

under this Act and the individual

concerned.".

48. Article 55 of the principal Act shall be amended as follows

Amendment of

article 55 of the

principal Act.

(a) in sub-article (1) thereof, the word "Councils" shall

be substituted by the words "Local Councils and Regional

Councils";

(b) in sub-article (2) thereof, the word "Council" shall be

substituted by the new words "Local Council";

(c) sub-article (3) thereof, including its paragraphs and

provisos, shall be substituted by the following

"(3) In allocating the appropriated amount to a

Local Council, the Minister may retain any portion of such

amount after having the

(a)

advice of the Governance Board; or

(b)

advice of the Director; or

(c) a recommendation from the Board

appointed to investigate any irregularity of the Local

Council or Regional Council.".

49. Article 56 of the principal Act shall be substituted by the Substitution of

article 56 of the

principal Act.

" Annual budget.

Every Council shall once during the

month of January in each financial year approve

and make available its financial estimates for

the following financial year.".

50. Article 57 of the principal Act shall be substituted by the Substitution of

article 57 of the

principal Act.

"57. The allocation mentioned in article 55 shall be made

available to Local Councils by the Minister after consultation

with the Association.".

51. Article 59 of the principal Act shall be amended as follows

(a) the marginal note thereof shall be substituted by the

following

"Five-year business and financial plan.";

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

following

"(1) At the end of the first year of its term, a Local

Council shall prepare and discuss a Working Plan which

covers a five-year plan on Local Council operation,

projects and finances so as to provide a framework for the

Local Council’s annual budgets.";

(c) in sub-article (2) thereof, the word "three" shall be

substituted by the word "five".

52. Article 60 of the principal Act shall be deleted.

53. Article 61 of the principal Act shall be substituted by the

following

"61. The Local Council shall not authorise any works,

services and provisions the value of which exceeds the annual

provision allotted to it for that financial year and other

provisions resulting from the previous year taking into

consideration the amount forecast for payment of acts of

ordinary administration

Provided that a Local Council shall prepare a plan of

recovery to address its liquidity and shall only commit itself to

the statutory functions provided for in article 33.".

54. Article 63A of the principal Act shall be substituted by the

following

"63A. Any donation whether of money or in kind by a

Local Council or Regional Council is prohibited unless it is to a

function established by article 33 or by a directive of the

Director.".

55. Article 65 of the principal Act shall be amended as follows

Amendment of

article 65 of the

principal Act.

(a) sub-paragraph (ii) of paragraph (a) of sub-article (2)

thereof shall be substituted by the following

"(ii) in the employment of the Council of the

locality or a person who is rendering a service to the same

Local Council; or"; and

(b) in sub-paragraph (iii) of paragraph (a) of sub-article

(2) thereof immediately after the word "affinity" there shall be

added the words "or by civil union".

56. In sub-article (1) of article 66 of the principal Act, Amendment of

immediately after the words "regular appraisals" there shall be added article

principal Act.

the words "by the Director".

Immediately after article 66 of the principal Act there shall be Addition of new

article 66A to

added the following new article 66A

the principal

Act.

" Precedence for

Local Councils shall be given

funds and special

precedence for the application of funds and

special schemes issued from time to time by the

Minister or the Local Government Division on

the basis of financial indicators and results,

within a period of three years. This shall be

done to give note and recognition to Local

Council and Regional Councils who abide to

the financial regulations.".

58. Article 70 of the principal Act shall be amended as follows

Amendment of

article 70 of the

principal Act.

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

following

"(1) Local Councils shall call two annual locality

meetings –

(a) an annual meeting which shall be held not

later than the fifteenth (15) December so as to present

the financial estimates prior to the Council meeting

in which the Council shall consider the estimates for

the following financial year; and

(b) another annual meeting is to be held not

later than the fifteenth (15) April of every year in

which there shall be presented the administrative

report, the financial report and the Work Plan.

The first item on the agenda of every annual

meeting shall be the reading of the minutes of the

previous meeting.";

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

following

"(2) The annual locality meetings shall be held at

such place as the Local Council may determine and which

is accessible to all persons. A notice for such meetings

shall be made by means of a letter sent to every residence,

business, and associations of the locality and on the

website and published on the Council’s social media not

later than 15 days before the date of the meeting.";

(c) sub-article (3) thereof shall be deleted;

(d) sub-article (4) thereof shall be renumbered as sub-

article (3);

(e) in sub-article (3) thereof, as renumbered, immediately

after the words "complaints and suggestions" there shall be

added the words "related to the meeting"; and

(f)

sub-article (5) thereof shall be deleted.

59. Article 72 of the principal Act shall be amended as follows

(a) in sub-article (2) thereof immediately after the words

"Ninth Schedule" there shall be added the words "and from the

Twelfth to the Fourteenth Schedule";

(b) sub-article (3) thereof shall be substituted by the

following

"(3) The Minister may also, in addition to such

regulations, make or authorise the making of such forms,

procedures, guidelines and directions as he may deem

necessary or expedient, in relation to any function vested in

or delegated to Local Councils and Regional Councils by

or under this Act, so as to secure a uniform level of

operation, and the procurement of other services and

goods, or to establish minimum standards or to provide for

such other matter as may be ancillary or incidental to the

exercise of such functions.".

60. Article 73 of the principal Act shall be substituted by the

following

" Official

The Director shall every year obtain

Population

the official population statistics of every

Statistics.

locality, which shall be made available to all

Local Councils.".

61. Article 75 of the principal Act shall be amended as follows

Amendment of

article 75 of the

principal Act.

(a) in sub-article (2) thereof the words "one hundred and

sixteen euro and forty-seven cents (€116.47)" shall be substituted

by the words "two hundred euro (€200)"; and

(b) in the proviso of sub-article (2) thereof the words

"two thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37)" shall be substituted by the words

"two thousand and five hundred euro (€2,500)".

62. Article 78 of the principal Act shall be substituted by the Substitution of

article 78 of the

following

principal Act.

"78. The First, Second, Ninth and Twelfth to the

Fourteenth Schedule shall be published with the Maltese text

only and such Schedules shall apply also to the English text of

this Act.".

63. Article 80 of the principal Act shall be amended as follows

Amendment of

article 80 of the

principal Act.

(a) paragraph (d) thereof shall be substituted by the

following

"(d) manage the Department and ensure that the

necessary support from the Department is given to Local

Councils;"; and

(b) in paragraph (e) thereof the word "employees." shall

be substituted by the word "employees;" and immediately after

there shall be added the following new paragraph (f)

"(f) monitors

the

operations

of

the

Local

Government.".

64. In article 81 of the principal Act immediately after the words Amendment of

"its responsibility" there shall be added the words "as provided in article

principal Act.

article 33".

65. Immediately after article 81 of the principal Act there shall be Addition of new

articles 82, 83

and 84 to the

principal Act.

added the following new articles 82, 83 and 84

" Local and

The precedence, status and behaviour

towards the President of the Region, Mayor, Deputy

Mayor and Local Councillors shall be regulated by

the Twelfth Schedule of this Act.

The behaviour expected from every person

elected to Local Government shall be regulated by

the Code of Ethics of Elected Representatives to

Local Government which is provided for in the

Thirteenth Schedule of this Act.

Due to reasons of protection and privacy of

and privacy

of personal personal data, the names of third parties who are not

directly involved in the operations of the Council

shall not be published or broadcasted during

meeting of the Council. This also includes the

reasons given in writing by a councillor as to why

he is not able to attend a meeting of the Local

Council, where such reasons have only been given

to the Executive Secretary, the Mayor and the

councillors.".

66. The Site Plans in the Second Schedule to the principal Act of

the boundaries of localities 14. Birkirkara, 51. Ħal Safi, 58. Santa

Venera and 67. Żurrieq shall be substituted by the new site plans as

provided for in the Annex to this Act.

67. The fourth Schedule to the principal Act shall be substituted

by the following

"FOURTH SCHEDULE

[Article 33]

Items excluded from the responsibility of Local Councils

Industrial Areas

Central Business District, Mrieħel

Limits of Birkirkara, Ħal Qormi and

Santa Venera

Bulebel Industrial Estate

Limits of Żejtun

Ħal Far Industrial Estate

Limits of Birżebbuġa

Kordin Industrial Estate

Limits of Paola

Luqa Industrial Estate

Limits of Ħal Luqa

Marsa Industrial Estate

Limits of Marsa

Ricasoli Industrial Estate

Limits of Kalkara

San Ġwann Industrial Estate

Limits of San Ġwann

Xewkija Industrial Estate

Limits of Xewkija

Limits of Mosta

Ta’ Dbieġi Crafts Village

Limits of Għarb

Ta’ Qali Crafts Village

Limits of Ħ’Attard

Mosta Industrial Zone (Tarġa Gap)

Limits of Mosta

Mosta Industrial Zone (Tas-Sriedek)

Limits of Mosta

Tal-Ħandaq Industrial Zone

Limits of Ħal Qormi (Ċittà Pinto)

Ħal Safi Aviation Park

Limits of Ħal Safi

Malta Freeport

Limits of Birżebbuġa

Delimara Power Station

Limits of Marsaxlokk

Marsa Power Station

Limits of Marsa

Airport

Limits of Ħal Luqa

Ta’ Lambert Heliport

Limits of Xewkija

Bus Terminus

Il-Belt Valletta (Ċittà Umilissima)

Bus Terminus

Ir-Rabat (Ċittà Victoria)

Albertown Reverse Osmosis Plant

Limits of Marsa

Ċirkewwa Reverse Osmosis Plant

Limits of Mellieħa

Għar Lapsi Reverse Osmosis Plant

Limits of Siġġiewi

Pembroke Reverse Osmosis Plant

Limits of Pembroke

Tignè Reverse Osmosis Plant

Tas-Sliema

Gas Installation

Limits of Birżebbuġa

Petroleum Installation

Limits of Birżebbuġa

Sant’Antnin Waste Recycling Plant

Limits of Marsaskala

All the Ports listed in the First Schedule to the Maritime Authority Act.

Social and Health Centres

Gozo Mental Hospital

Ir-Rabat, Gozo

Mount Carmel Hospital

Limits of Ħ’Attard

St Luke’s Hospital

Tal-Pieta

St Vincent de Paul Hospital

Limits of Ħal Luqa

Sir Paul Boffa Hospital

Floriana

Zammit Clapp Home

San Ġiljan

Dumping Sites

Magħtab Dumping Site

Limits of Naxxar

Wied Fulija Dumping Site

Limits of Żurrieq

Qortin Dumping Site

Ix-Xagħra

Buildings and Complexes

Government Ministry Buildings (ex Beltissebħ) Floriana

Marsa Sports Complex

Limits of Marsa

National Swimming Pool Tal-Qroqq

Limits of Msida

Pool

Żonqor, Marsaskala

Site for National Tennis Centre

Pembroke

Water Sports Complex

Marsalforn Żebbuġ, Gozo

Ta’ Qali National Football Stadium

Limits of Ħ’Attard

Gozo Stadium

Limits of Ir-Rabat (Ċittà Victoria)

Ta’ Qali Basketball Pavilion

Limits of Ħ’Attard

Kordin Sports Complex

Limits of Paola

Tignè Football Ground

Limits of Sliema

University Sports Complex

L-Imsida

Bidnija Shooting Range

Limits of San Pawl il-Baħar

Gozo Sports Complex

Rabat (Ċittà Victoria)

Military Shooting Ranges

Limits of Pembroke

Clay Pigeon Shooting Range

Iż-Żebbuġ

Tax-Xħajma Racecourse

Xewkija

University of Malta

L-Imsida

Cemeteries

Addolarata Cemetery

Limits of Paola

Ta Braxia Cemetery

Limits of Ħamrun

Kalkara Cemetery

Limits of Kalkara

Msida Bastions Cemetery

Floriana

L-Imtarfa Cemetery

Limits of Ħ’Attard

St. Mary’s Cemetery

Limits of Rabat, Gozo

Parks and Heritage Sites

Forts and fortifications to include moats, glacis and those components of the forts or

fortifications which though not obvious are part of them

Buskett

Limits of Siġġiewi

Ta’ Qali National Park

Limits of Ħ’Attard

Għadira

Limits of Mellieħa

Simar Nature Reserve

Xemxija, San Pawl il-Baħar

Elysium Visitor Centre and TreeNursery

Limits of Mellieħa

Foresta 2000

Mellieħa

Sant’ Antnin Family Park

Marsaskala

Majjistral Nature and History Park

Manikata, Limits of l-Imġarr

Għadira Nature Reserve

Mellieħa

Kennedy Grove

Salina, Limits of San Pawl il-Baħar

Xrobb L-Għaġin Park

Limits of Marsaxlokk

Islands

Comino Cominotto Filfla

Fungus Rock

Manoel Island

St Paul’s Islands

Bastions, Fortifications and Historical Sites

Birgu Fortifications Bormla Fortifications

Ċittadella Fortifications

Ir-Rabat (Ċittà Victoria)

Floriana Fortifications

Mdina Fortifications

Senglea Fortifications

Valletta Fortifications

Fort Manoel

Fort Ricasoli Fort St. Angelo

Fort St. Elmo

Fort Chambrai

Limits of Għajnsielem

Cottonera Lines

Victoria Lines

City Gate

Il-Belt Valletta (Ċittà Umilissima)

Portes des Bombes

Floriana

Wignacourt Aqueduct and Fountain

All archaeological sites registered with Heritage Malta

Gardens and Monuments

Independence Arena

Floriana

The Mall

Floriana

Lower Barrakka Gardens

Il-Belt Valletta (Ċittà Umilissima)

Upper Barrakka Gardens

Il-Belt Valletta (Ċittà Umilissima)

Argotti Botanical Gardens

Floriana

The Mall (Rundle Gardens)

Rabat, Gozo

San Anton Palace Gardens

Ħ’Attard

Verdala Palace Gardens

Limits of Siggiewi

Independence Monument

Floriana

Great Siege Monument

Il-Belt Valletta (Ċittà Umilissima)

Siege Bell Monument

Il-Belt Valletta (Ċittà Umilissima)

War Memorial

Floriana

RAF Memorial

Floriana

Sette Giugno Monument

Il-Belt Valletta (Ċittà Umilissima)

Sette Giugno Memorial

Rabat, Gozo

31 March 1979 Monument

Il-Birgu (Ċittà Vittoriosa)

Enrico Mizzi Monument

Il-Belt Valletta (Ċittà Umilissima)

Ġorġ Borġ Olivier Monument

Il-Belt Valletta (Ċittà Umilissima)

Pawlu Boffa Monument

Il-Belt Valletta (Ċittà Umilissima)

Christ the King Monument

Floriana

Christ the King Monument

Rabat, Gozo

Dun Mikiel Xerri Monument

Il-Belt Valletta (Ċittà Umilissima)

Anton Butigieg Monument

Il-Ħamrun

Manwel Dimech Monument

Il-Belt Valletta (Ċittà Umilissima)

Spencer Monument

Il-Ħamrun

Queen Victoria Monument

Il-Belt Valletta (Ċittà Umilissima)

Manoel de Vilhena Monument

Floriana

Guido De Marco Monument

Il-Belt Valletta (Ċittà Umilissima)

Jean De Valette Monument

Il-Belt Valletta (Ċittà Umilissima)

Duminku Mintoff Monument

Il-Belt Valletta (Ċittà Umilissima)

Summit Monument

Il-Belt Valletta (Ċittà Umilissima)

Fjamma Monument

Il-Belt Valletta (Ċittà Umilissima)

Roads

The arterial and distributor roads determined by the Structure Plan;

The passages and public access in the surroundings of Housing Estates.".

68. In the Maltese version of the Fifth Schedule of the principal Act Amendment of

the word "Deputat" shall be substituted by the word "Viċi" wherever it the

Schedule of the

occurs.

principal Act.

69. The Sixth Schedule of the principal Act shall be amended as Amendment of

the Sixth

follows

Schedule of the

principal Act.

(a) in paragraph (4) of standing order 1 of the Maltese

Version, the word "Deputat" shall be substituted by the word

"Viċi";

(b) paragraph (2) of standing order 2, including the first

proviso thereof, shall be substituted by the following

"(2) If a quorum is not reached and 30 minutes have

elapsed from the start of the meeting or if during a meeting

the number of councillors present and not debarred by

reason of a declared interest falls below the quorum, the

business not transacted at that meeting shall be transacted

at the next meeting or on such other day as the Mayor may

determine. If a quorum is no longer present after the

commencement of a meeting, the Council shall wait for 10

minutes, and if a quorum is still not present, the meeting

shall be adjourned

Provided that the meeting shall not be held

before the lapse of two working days from the meeting

which was not held due to lack of quorum:";

(c) in the Maltese paragraph (e) of standing order 4 the

word "Deputat" shall be substituted by the word "Viċi";

(d) paragraph (m) of standing order 5 shall be substituted

and amended by the following

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

the agenda shall be the date and time of the next meeting.";

and in the third paragraph thereof the words "five days"

shall be substituted by the words "five working days";

(e) in standing order 7, immediately after the words "at

least six" there shall be added the word "working";

(f) paragraph (1) of standing order 15 shall be

substituted by the following

"(1) A motion may be put to the vote in a meeting of the

Council without being seconded. After the motion is read, who is

presiding the meeting shall request that the motion is seconded.

If the motion is not seconded, the motion shall not stand. In such

a case the Executive Secretary shall take note of the whole

content of the motion put to the vote, including who has

proposed it, and shall indicate that it has not been seconded and

that the motion shall not stand.";

(g) immediately after standing order 35, there shall be

added the following standing order 35A

35A. If it is proven that a member of the

" Breach.

Council has acted against the provisions of

standing order 35, he shall be deemed to be in

breach of the oath of office and the provisions of

article 24(2) of the Act shall apply.".

70. In the title of the Seventh Schedule of the Maltese version of Amendment of

the principal Act the word "Deputat" shall be substituted by the word the

title of the

Seventh

"Viċi".

Schedule to the

principal Act.

71. The Eleventh Schedule to the principal Act shall be Substitution of

the Eleventh

substituted by the following

Schedule of the

principal Act.

"Eleventh Schedule

[Article 37]

Regions

Western

Southern

Northern

Eastern

Port Region

Gozo Region

Region

Region

Region

Region

Il-Mellieħa

Il-Gżira

L-Imdina

Il-Belt

Ħal

Ir-Rabat

Valletta

Qormi

(Ċittà

(Ċittà Victoria)

(Ċittà

(Ċittà

Notabile)

Umilissim

Pinto)

a)

L-Imġarr

Pembroke

Is-Siġġiewi

Il-Birgu

Iż-Żejtun

Il-Fontana

(Ċittà

(Ċittà

(Ċittà

Beland)

Ferdinand)

Vittoriosa)

Il-Mosta

San Ġiljan

Ħaż-Żebbuġ

L-Isla

Birżebbuġa

Għajnsielem

(Ċittà Rohan)

(Ċittà Invicta)

In-Naxxar

L-Iklin

Ħad-Dingli

Bormla

Ħal Għaxaq

L-Għarb

(Ċittà

Cospicua)

San Pawl il-

Tas-Sliema

Ir-Rabat

Ħaż-Żabbar

Santa Venera L-Għasri

(Ċittà

Baħar

Hompesch)

Ħ’Attard

Is-Swieqi

Ħal Kirkop

Floriana

Marsaskala

Ta’Kerċem

Ħal Balzan

Ta’ Xbiex

L-Imqabba

Il-Fgura

Marsaxlokk

Il-Munxar

San Ġwann

Ħal

Il-Qrendi

Il-Kalkara

Santa Luċija

In-Nadur

Għargħur

L-Imtarfa

Ħal Lija

Ħal Safi

Ħal Tarxien

Il-Gudja

Il-Qala

Birkirkara

Iż-Żurrieq

Paola

Il-Ħamrun

San Lawrenz

L-Imsida

Ix-Xgħajra

Ħal Luqa

Ta’ Sannat

Tal-Pietà

Il-Marsa

Ix-Xagħra

Ix-Xewkija

Iż-Żebbuġ

''.

72. Immediately after the Eleventh Schedule of the principal Act,

there shall be added the Twelfth, Thirteenth and Fourteenth Schedule

as follows

''TWELFTH SCHEDULE

[Article 82]

Protocol for Regional Presidents, Mayors and Councillors and

President of the Local Councils Association