ACT No. III of 2019 AN ACT to update and replace the Public Administration Act, Cap. 497, to affirm the values of public administration as an instrument for the common good, to provide for the application of those values throughout the public sector, to provide for the

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

22nd February, 2019

ACT No. III of 2019

AN ACT to update and replace the Public Administration Act,

Cap. 497, to affirm the values of public administration as an

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

those values throughout the public sector, to provide for the

organisation and management thereof, and to provide for other

matters which are consequential or ancillary thereto.

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 Public

Administration Act, 2019.

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

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

may be so established for different provisions or different purposes of

this Act.

CODE OF ETHICS FOR PUBLIC EMPLOYEES

AND BOARD MEMBERS

(Article 5)

General Preamble

A Code of Ethics serves as an ethical benchmark and compass

for action and behaviour in relationships with seniors, peers and

subordinates. It outlines the principles and values governing the

conduct of individuals and corporate bodies by describing

behavioural expectations; and it encourages the identification

of, and learning from, such ‘good practices’ in a respective

field. Adopting and upholding a code of ethics promotes fair

conduct; acknowledges the highest standards of integrity;

safeguards rights of citizens, clients and users; and endorses a

vision that embraces probity, exactitude and professionalism.

A Code of Ethics does not cover standards which people in

general should follow (whether laid down by law or established

by social norms), general employee obligations, profession-

specific standards or organisational cultural requirements.

Rationale

Ultimately, the authority of any system of Public Administration

rests on the extent to which it earns the respect of its citizens.

That respect comes from the confidence which people have in

the integrity of the system generally, and in the professionalism

and impartiality with which the system goes about providing its

manifold services particularly. All those employed by the state

have their critical part to play in upholding public respect for the

public administration.

The nationals, citizens and residents of Malta have every right

to expect that public employees, employees of state agencies

and members representing government on boards are honest,

fair, efficient, competent and loyal. Actual or potential users

expect the departments and agencies of the Government of

Malta to comply with the letter and the spirit of the law. They

expect official decisions to be made in a timely manner, fairly

and impartially; public funds to be spent wisely; and public

property and public equipment to be used and cared for

responsibly. They expect public employees to behave ethically,

and to be conscientious, courteous and competent in their work.

Users of public services hold public employees accountable for

their behaviour, actions and decisions.

Generations of public employees have sought to honour and meet

these expectations.

Any abuse of trust, resources or information, or personal

opportunism, undermines the entitlement of the Maltese public.

High standards of integrity and conduct should underpin how

public employees go about their business.

This Code of Ethics describes and articulates the framework that

defines the behaviour and actions of the public service and the

wider public sector.

Applicability

1. This Code of Ethics applies to

(a)

public employees and employees of state agencies

and other entities of government to which the Public

Administration Act applies (hereinafter referred to as

"public employees", in keeping with article 2(1) of

the Act). These include public employees who are

seconded to bodies outside the public administration

of Malta; as well as persons, who may or may not be

public employees, working with Ministries or

Parliamentary Secretariats; and

(b)

the chairpersons and members of standing boards and

commissions within the public administration,

including the governing boards of state entities

(hereinafter referred to as "board members").

2. The provisions of this Code cover actions and behaviour

within and outside the public administration, online and

offline, as applicable.

3. The Principal Permanent Secretary may, in writing, make

this Code applicable also to commercial partnerships or

companies in which the Government of Malta has a

controlling interest.

4. The Principal Permanent Secretary may, in writing, exempt

a public employee or a board member from specific

provisions of this Code where exceptional circumstances

so require.

5. Public employees and board members who are members of

a regulated profession and who are therefore subject to a

professional code of ethics are nevertheless expected to

abide by the provisions of this Code except in so far as an

exemption has been granted under paragraph 4. Multiple

codes of ethics should be considered complimentary to one

another, and any conflicts, actual or perceived, should be

resolved, following suitable consultation, on the basis that

the professional code of ethics prevails with respect to the

ethical principles and practice of the profession while the

present Code prevails with respect to the ethical principles

and practice of any other duty emanating from the

individual’s responsibilities as a public employee or board

member.

6. Public employees who are seconded to bodies outside the

public administration of Malta remain bound by this Code

except in so far as an exemption is granted under paragraph

4.

7. Under article 5 of the Public Administration Act, the

Principal Permanent Secretary may issue directives to

elaborate on any of the provisions of this Code. Heads of

public organisations may also issue rules of conduct

complementary to the Code. This Code should be read

together with any such directives or any additional rules

and regulations that may apply.

The Values of Public Employees and Board Members

8. In accordance with article 4 of the Public Administration

Act, public employees and board members shall uphold

and operate with the following set of values

(a)

acting with integrity;

(b)

respecting others;

(c)

showing loyalty;

(d)

being worthy of trust;

(e)

striving for quality standards and improvements;

(f)

being accountable for the performance of their duties

and for their behaviour;

(g)

acting in a manner that does not discriminate; and

(h)

being impartial.

Integrity

9. Public employees and board members shall

(a)

act at all times with diligence, honesty, grace and

integrity, such that their conduct can stand the test of

public scrutiny even in situations where no law,

policy or procedure may apply;

(b)

use public resources appropriately, conscientiously,

efficiently and effectively in the public interest;

(c)

make use of official authority, information or

resources to reach their goals and execute their

responsibilities fairly, impartially and equitably; and

(d)

refuse any gift, payment, compensation, privilege or

any form of solicitation unless, where gifts are

concerned, they are token in nature and are not such

as to serve as an inducement or influence the

execution of the duties of a public employee or board

member, now or in the future.

10. Public employees and board members shall ensure that no

conflict, real or apparent, arises between their official

duties and any other occupations, activities or interests

(financial or otherwise) that they or their close relations

may have. Such a conflict arises if a public employee or

board member’s ability to faithfully discharge their duties

is, or can reasonably be, called into question on account of

such other occupations, activities or interests, including

instances where the public employee or board member is

placed in a position to be biased or is seen as potentially

being biased.

11. If such a conflict arises, the public employee or board

member shall make this conflict known to their superiors

and take such action as may be necessary to resolve the

conflict.

12. Former public employees bound by an undertaking shall

not, for a period of up to two years after leaving public

employment as specified therein, switch sides by entering

into a relationship of profit with any private enterprise or

non-government body with which the former public

employees dealt in an official capacity during a period of

up to five years immediately prior to their leaving public

employment.

Respect

13. Public employees and board members shall

(a)

treat others, including both clients and colleagues,

with courtesy, civility and respect;

(b)

avoid discrimination or harassment in any form,

direct or indirect;

(c)

treat with suitable respect, regard and consideration

the opinions, beliefs and individuality of all persons;

(d)

safeguard their own health and safety and that of

others in the execution of duties, roles and

responsibilities; and

(e)

work with colleagues in a spirit of cooperation and

teamwork.

Loyalty

14. Public employees and board members shall

(a)

observe the Constitution and the law;

(b)

abide by official policies and directions;

(c)

provide objective, knowledgeable and frank advice

on matters within their competence;

(d)

efficiently and effectively implement the policies of

the Government of Malta; and

(e)

act in accordance with any lawful directions, written

or verbal, given by their superiors.

15. Notwithstanding the provisions of paragraph 14(e), public

employees or board members who believe that there are

better ways of achieving objectives are entitled, and indeed

expected, to bring this to their superiors’ attention before

putting instructions into effect; and, if they feel that they

have been given verbal instructions that are contrary to the

Code of Ethics or improper for any other reason, they can

ask for those instructions to be given in writing.

16. Public employees and board members shall

(a)

act in such a way as to gain and, or maintain the trust

of their superiors and the public;

(b)

safeguard confidential information, particularly

personal data, and not use or disclose it

inappropriately or without authorisation; and

(c)

behave in a manner, in both their official and private

capacities, such as to uphold and reinforce Malta’s

reputation and good standing, and those of its

governing institutions.

17. The obligation to safeguard confidential information is

without prejudice to the disclosure of information in the

interests of transparency or under the Freedom of

Information Act, provided that the decision to disclose is

taken by those with the authority to do so, and provided

that other laws (particularly the legislation on data

protection) are respected.

18. Public employees and board members shall

(a)

hone and develop their skills and keep abreast of

changes in their area of expertise in order to improve

the execution of their duties and the delivery of

service;

(b)

apply their knowledge, experience, creativity, drive,

and initiative to bring about continual improvements

in the efficiency, effectiveness and the overall quality

of service delivery;

(c)

intelligently and humanely exercise suitable

discretion in the interpretation of rules, with a view

to avoiding a ‘one-size-fits-all’ approach;

(d)

coordinate their activities as necessary with those of

staff elsewhere in the public administration with a

view to improving efficiency in the public

administration as a whole;and

(e)

take steps to identify and, or address poor

performance, misconduct or misuse of resources.

Accountability

19. Public employees and board members shall

(a)

act in a manner that is transparent and in compliance

with applicable laws, regulations, directives, policies

and procedures;

(b)

be ready to have their actions judged by others;

(c)

be prepared to give a clear explanation of their

judgements, behaviours, intentions and actions to any

stakeholder authorised to demand such explanation;

(d)

report any violations of the Code of Ethics by other

public employees or board members;

(e)

fully co-operate with investigations by any

authorised person or entity, whether internal or

external to the public administration;

(f)

take responsibility for their actions and behaviour

and in this regard shoulder the level of responsibility

that is appropriate to their posts. This includes

accepting

responsibility

for

their

errors,

misjudgements and negligence and being held

accountable therefor; and

(g)

assign responsibility for tasks and duties to

subordinates as appropriate and carry out the

necessary oversight and monitoring to hold these

same accountable. This shall also include the

responsibility to give credit to others where credit is

due.

Non-discrimination

20. Public employees and board members shall

(a)

not discriminate in any manner or on any basis

including race, place of origin, nationality, skin

colour, political opinions, creed, sex, sexual

orientation, expression or gender identity, civil status,

mental or physical well-being;

(b)

not act in a manner that impairs one’s enjoyment of

one’s fundamental rights and freedoms, provided that

this enjoyment does not prejudice in any manner and

at the same time respects the rights and freedoms of

others or the public interest, where fundamental

rights and freedoms are legitimately subject to the

public interest; and

(c)

treat all with dignity and respect.

Impartiality

Public employees and board members shall

(a)

act in line with official Government policy and

procedure;

(b)

protect and ensure the right of every person to have

one’s affairs handled impartially and fairly;

(c)

ensure that decisions made are based on objective

criteria and not tarnished by any personal bias,

conflict or prejudice or designed to favour or benefit

or give any manner of unjustified preferential

treatment to one person over another;

(d)

maintain political neutrality and not bring the public

service into disrepute through their private activities;

(e)

ensure that any public comments made (including on

social media), and, or their participation in political

activities, do not undermine or jeopardise public

confidence in the competence and impartiality of the

public administration, or bring these same public

employees and board members into conflict with

their duty to impartially serve the Government of

Malta;

(f)

remain loyal to the Government of the day in the

execution of their duties and responsibilities and

never act in a manner that may undermine the

achievement of Government policy or direction or

otherwise diminish public confidence in Government

in any way, extent or manner.

(2) Political participation and public comment by public

employees and board members may be subject to

limitations in line with rules and regulations aimed at

maintaining public confidence in the impartiality of the

public administration.

Compliance with the Code

22. Compliance with this Code should result in

(a)

a more effective, motivated and committed public

service, operating within a convergence of high

moral and ethical standards;

(b)

high quality in delivery of service by public

employees and board members;

(c)

a stronger satisfaction by users and clients of the

public service;

(d)

a professional ethos that foregrounds the drive

towards excellence and continuous improvement of

service; and

(e)

giving credence to the understanding that the public

administration is ultimately a single body with shared

roles, duties, obligations and responsibilities.

23. Non-compliance with this Code may result in

(a)

disciplinary proceedings, where public employees

are concerned;

(b)

the termination of the appointment to boards, or the

imposition of certain conditions on their

appointments, where board members are concerned;

(c)

the execution of relevant provisions deriving from

any applicable undertakings; and, or

(d)

the initiation of criminal proceedings, where this is

called for in respect of serious breaches of trust and,

or non-compliance, where both public employees or

board members are concerned.

(1)

In this Act, unless the context otherwise requires

"Code of Ethics" means the code of ethics established in the

First Schedule;

"Department of Government" or "Department" means any entity

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

"Disciplinary Regulations" means the Public Service

Commission Disciplinary Regulations or any other regulations on

disciplinary matters substituting them and which may be made under

article 121(1) of the Constitution;

"government agency" or "agency" means a body listed in the

Fourth Schedule;

"government entity" means an organisation, not being a

government department, specialised unit, a government agency or a

commercial partnership, in which Government has a controlling

interest, whether or not such organisation is established by law;

"grade" consists of a group of one or more posts in one or more

ministries or departments that bear a common designation and form

part of a career stream providing for mechanisms of promotion from

one grade to another;

"Higher Executive Service" means the body of senior public

officers to which article 19 refers;

"Minister" means, unless the context otherwise requires, the

Minister responsible for the public administration so however that

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

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

Prime Minister may still exercise such powers, functions or

authorities collaterally with such Minister;

"ministry" means an organisation referred to in article 7;

"position" means any office in the public service, other than a

grade;

"post" means a particular set of tasks or duties which are

performed or intended to be performed by one person;

"Principal Permanent Secretary" means the person appointed in

terms of article 14;

"public administration" means the Government of Malta

including its ministries and departments, specialised units and the

agencies, government entities, commissions and boards referred to in

this Act;

"public administration values" means the values listed in article

"public employee" includes public officers and employees of

government agencies and government entities;

"public office" has the same meaning assigned to it by article

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

understood to mean any grade or position except those listed in sub-

article (2)(a);

"public officer" has the same meaning assigned to it by article

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

understood in accordance with sub-article (2);

"public service" has the same meaning assigned to it by the

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

accordance with sub-article (2);

"Public Service Commission" means

the

Commission

established by article 109 of the Constitution;

"transfer" means to assign a public officer to a different post.

(2) This Act shall not apply to

(a)

the offices of judge, magistrate, Attorney General

and Auditor General; and

(b) the offices of Speaker, Deputy Speaker,

Ombudsman, Information and Data Protection Commissioner and

Commissioner for Standards in Public Life; and

(c)

the Broadcasting Authority, the Electoral

Commission, the Employment Commission, Parliament, and (in

so far as this Act does not specifically refer to it) the Public

Service Commission

Provided that, without prejudice to the independence of the

Electoral Commission and the Public Service Commission

under the Constitution, this Act shall apply to the Electoral

Office and the Office of the Public Service Commission.

(3) Unless otherwise specified in this Act, where a provision

of this Act conflicts with the provisions of any other law governing a

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

prevail.

Part I

Departments other than those not subject to ministerial control

Other offices with

Equivalent

Head of

Function of the

Department

statutory powers

title at law

department

department

(article 11)

(article 11)

Department of

Director (Active

To implement the

Ageing and

Active Ageing

National Active Ageing

and Community

Community

Strategy, the National

Care

Care)

Dementia Strategy as

well as all services for

older persons both at

community and

residential basis on a

national level

Cabinet Office

Secretary to the

To support the

Cabinet

workings of Cabinet

Department of

Director (Civil

To provide fire-fighting

Civil Protection

Protection)

and rescue services and

take protective action

against natural,

industrial and other

emergencies

Cleansing and

Director General

To provide public

Maintenance

(Cleansing and

cleansing services, plan

Department

Maintenance)

and carry out

maintenance work

Commerce

Director General

Comptroller of

To monitor and provide

Department

(Commerce)

Industrial

assistance to small

Property

enterprises and craft

industries, and to

Director of

regulate intellectual

Trade

property and trade

Director of

Industry

Office of the

Commissioner for

To administer fiscal

Commissioner

Revenue

legislation and the

for Revenue

collection of revenue

Department of

Director General

Director of

To regulate, approve

Contracts

(Contracts)

Contracts

and monitor the award

of public contracts

granted by and on

behalf of contracting

authorities, contracting

entities and bodies

governed by public law

Courts of

Director General

To support and

Justice

(Courts)

facilitate the

Department

administration of

justice

Director (Civil

Director,

Courts and Civil

Civil Courts

Tribunals, Malta)

and Tribunals

Registrar,

Civil Courts

and Tribunals

Other offices with

Equivalent

Head of

Function of the

Department

statutory powers

title at law

department

department

(article 11)

(article 11)

Director (Criminal

Director,

Courts and Criminal

Criminal

Tribunals, Malta)

Courts and

Tribunals

Registrar,

Criminal

Courts and

Tribunals

Director General

Director,

(Gozo Courts and

Gozo Courts

Tribunals)

and Tribunals

Registrar,

Gozo Courts

and Tribunals

Customs

Commissioner

Comptroller

To collect customs and

Department

for Revenue

of Customs

excise duties and curb

illegal imports while

facilitating trade

Economic

Director General

To provide expert

Policy

(Economic

advice and assistance

Department

Policy)

to Government in the

formulation of

economic policy and

the management of

economic activity

Fisheries and

Director General

Director

To promote, develop

Aquaculture

(Fisheries and

responsible for

and regulate

Department

Aquaculture)

Fisheries

aquaculture

Director of

Agriculture

and Fisheries

Department for

Superintendent

To safeguard public

Health

of Public Health

health and to license,

Regulation

monitor and inspect

the provision of

healthcare services

Department for

Director General

To ensure the effective

Healthcare

(Healthcare

and efficient operation

Services

Services)

and delivery of

healthcare services

Department of

Director

Press

To provide the public

Information

(Information)

Registrar

with up to date,

comprehensive and

meaningful

information on

Government policies,

services and activities,

and on matters which

may be of public

interest

Inland Revenue

Commissioner

Commis-

To administer fiscal

Department

for Revenue

sioner of

legislation in relation

Inland

to income and other

Revenue

taxes

Other offices with

Equivalent

Head of

Function of the

Department

statutory powers

title at law

department

department

(article 11)

(article 11)

Department of

Director

To coordinate and

Justice

(Justice)

support areas in the

justice sector

Department for

Director (Local

Director

To support and monitor

Local

Government

responsible

activities of the Local

Government

Monitoring and

for Local

Councils

Support)

Councils

Malta Police

Commissioner

Principal

To preserve peace and

Force

of Police

Immigration

order, to detect and

Officer

investigate offences,

and to prosecute

offenders; to control

immigration into Malta

Department for

Chief Medical

To advise the Minister

Policy in Health

Officer

for Health on all

matters relating to

health policy

Department of

Director

Director of

To help ensure social

Probation and

(Probation and

Probation

stability in Maltese

Parole

Parole)

Services

society by contributing

to minimise the

frequency of crime and

by ensuring the re-

integration of

offenders into society,

through probation,

parole and victim

support services

Rural

Director General

To promote and

Development

(Rural

develop farming

Department

Development)

through diversification

and competitiveness

Director

Director of

(Agriculture)

Agriculture

Department of

Director General

To administer the

Social Security

(Social Security)

social security

(contributory and non-

contributory) scheme

and provide timely

financial assistance

and other social

benefits, pensions and

allowances to eligible

applicants

Treasury

Accountant

To maintain a uniform

Department

General

accounting system

across Government

departments; to

supervise, monitor and

report on all

Government financial

transactions and

manage public debt

Other offices with

Equivalent

Head of

Function of the

Department

statutory powers

title at law

department

department

(article 11)

(article 11)

Value Added

Commissioner

Commis-

To ensure that all

Tax

for Revenue

sioner of

persons performing an

Department

Value Added

economic activity for a

Tax

consideration duly

register under the VAT

Act, and collect dues

Veterinary and

Director General

To administer and

Phytosanitary

(Veterinary and

enforce the Plant

Regulation

Phytosanitary

Quarantine Act, the

Department

Regulation)

Veterinary Services

Act and the Animal

Welfare Act

Director (Plant

Director

Protection)

(Plant Health

Services)

Director (Veterinary

Director for

Regulation)

Veterinary

Services

Director (Animal

Director for

Welfare)

Animal

Welfare

Works and

Director General

Director of

To design, plan and

Infrastructure

(Works and

Public Works

carry out public

Department

Infrastructure)

infrastructure works

and projects; to

provide ancillary

building projects

services,

manufacturing services

and a regulatory

framework for the

building construction

industry.

Part II

Departments not subject to ministerial control

Other offices with

Equivalent title

Head of

Function of the

Department

statutory powers

at law (article

department

department

(article 11)

11)

Electoral Office

Chief Electoral

To support the Electoral

Commissioner

Commission in the

exercise of its functions

Internal Audit

Director General

Director,

To conduct internal

and

(Internal Audit

Internal Audit

audits and investigations

Investigations

and

and

under the Internal Audit

Department

Investigations)

Investigations

and Financial

Directorate

Investigations Act

Office of the

Secretary to the

To support the President

President

Presidency

in the fulfilment of his

constitutional duties

Office of the

Executive

To support the Public

Public Service

Secretary, Public

Service Commission in

Commission

Service

the exercise of its

Commission

functions

Departments of Government, government agencies and

government entities are bodies which manage public resources and

which provide services to the public or perform other functions on

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

employees performing duties therein, shall

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

the public administration values and the Code of Ethics;

(b) be subject to ministerial direction as provided for in

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

matters in respect of which they are expressly required by law to

act independently or under the direction of a person or authority

other than a Minister;

(c)

be accountable under this Act and other laws for the

manner in which they provide services, carry out their functions

and manage their resources, for their observance of the public

administration values and the Code of Ethics, and for their

observance of the ministerial directions referred to in paragraph

(b).

SPECALISED UNITS

(Article 9)

Privatisation Unit

(1) In the carrying out of their functions or duties,

public employees shall uphold and promote the following values

(a)

integrity;

(b)

respect;

(c)

loyalty;

(d)

trust;

(e)

quality;

(f)

accountability;

(g)

impartiality; and

(h)

non-discrimination.

(2) Any failure by a public employee to act in a manner that

reflects these values shall constitute grounds for disciplinary

proceedings against that public employee under applicable rules and

procedures.

(3) The Principal Permanent Secretary may issue directives

aimed at upholding and better realising the public administration

values, and public employees shall comply with such directives.

(4) The Sixth Schedule shall contain a list of those posts

within the public administration that, due to the nature of their role

and responsibilities, are considered to be high risk posts

Provided that the Principal Permanent Secretary may issue

directives applicable to the positions so identified.

(5) Public employees holding posts that involve regulatory and

inspectorate functions may be designated for the purposes of this sub-

article and, in the case of any post so designated -

(a) the incumbent shall be required to enter into an

undertaking under which he shall not, for a period of up to two

years following his resignation, retirement or termination from

public employment, have a relationship of profit with any

private enterprise or non-government body with which he has

dealt as aforesaid during a period of up to five years

immediately preceding his resignation, retirement or

termination from public employment;

(b) "relationship of profit" means a relationship of any

kind in which the former public employee has done work for

which remuneration is ordinarily payable, whether or not any

remuneration has in fact been received, with a private enterprise

or non-government body;

(c)

the undertaking shall be regarded as a condition of

employment of the post to which it applies, but it shall continue

to apply to the incumbent if he takes up a different post in public

employment; and

(d) the undertaking shall specify the penalty that shall

apply if its terms are breached, which penalty shall be

equivalent to three years’ salary

Provided that the designation of posts referred to in this

sub-article shall be carried out by a board composed of a chairman

and two other members appointed by the Minister which Board shall

also monitor the proper implementation of this sub-article.

(6) A person who is subject to an undertaking in terms of sub-

article (5) may request a ruling from the Board established in the same

sub-article to determine whether entering into a particular relationship

of profit would constitute a breach of that undertaking, and no penalty

shall apply to any breach of the undertaking where the person has acted

in conformity with the ruling of the Board.

Agencies

(Article 26)

Agency

Agency function

Aġenzija SAPPORT

To exercise and execute the functions and duties previously

exercised by the Aġenzija SAPPORT within the Foundation

for Social Welfare Services, as well as any other matter

falling within the ambit of the support and care of persons

with disability

Aġenzija Żgħażagħ

To mainstream youth policy and to replace the existing

Youth Section by providing youth services on behalf of the

Government

Governance of Agricultural

The registration of agricultural bioresources and to

Bioresources Agency

promote governance, management and utilisation

practices that are technically and economically feasible

and environmentally sound

Energy and Water Agency

To execute the functions and duties of the public

administration in matters relating to the design,

i m p l e m e n t a t i o n a n d d i s s e m i n a t i o n o f w a t e r,

conventional energy and alternative energy policy

European Union Programmes

To promote, implement and manage the Erasmus+

Agency

Programme, and other programmes and initiatives of the

European Union

Identity Malta Agency

To execute the functions and duties of the public

administration in matters relating to passports, identity

documents, work and residence permits for expatriates,

registration of public deeds, acts of civil status and

individual investment programmes

Institute for Education

To serve as a platform to ascertain, implement and

support Government policy where it concerns the

formation, quality and standards that promote and

develop training and the building of skills within the

grades of educators and professionals in the education

sector and within European and international

dimensions and to reach all those who are and, or may

become involved in the education sectors and within a

socio-economic context

Land Registry Agency

To execute the functions and duties of the public

administration in matters relating to land registration and

condominium registration

Legal Aid Agency

To be responsible for and to administer provision of the

service of legal aid in all areas where this is required

Local Enforcement System Agency

To carry out the functions and duties relating to the

enforcement of any law, regulation or bye-law, the

enforcement of which has been delegated to regional

committees, local councils or to such other local or

regional authorities as are designated by the Local

Councils Act

Malta Council for Science and

To support the Government in the commercialisation of

Technology Agency

activities relating to science, technology, research and

innovation matters

Malta Individual

Investor

To c a r r y o u t f u n c t i o n s a n d d u t i e s o f p u b l i c

Programme Agency

administration relating to the Individual Investor

Programme of the Government of Malta, as established

b y and u n der th e Mal tese C it iz ensh ip Act a nd t o

cooperate with Identity Malta Agency in all matters

including the set-up and implementation of strategies

and policies

Malta International Contemporary

To be responsible for strengthening and ensuring the

Art Space Agency

achievement of the highest quality in contemporary art

Malta Marittima Agency

To c a r r y o u t f u n c t i o n s r e l a t e d t o t h e p r o m o t i o n ,

development and growth of the maritime sector

Malta Residence Visa Agency

To execute the functions and duties of the public

administration in matters relating to issuing of residence

visas by investment and other administrative matters

related to individuals wishing to stay or settle

indefinitely in Malta or Gozo

Management Efficiency Unit

To support public sector change initiatives through the

provision of consultancy advice

MEUSAC

To engage stakeholders in the EU processes through

consultation, the dissemination of information and

assistance on EU funding programmes

National Aerospace Centre

To develop, research, enhance the aerospace industry and

related policy, including the launching and management of

relevant programs and projects

National Development and Social

To implement the functions of the National Development

Fund Agency

and Social Fund established under the Individual Investor

Programme of the Republic of Malta Regulations

(S.L. 188.03)

National Literacy Agency

To support the Government in matters relating to

literacy

Public Administration - Human

To achieve the retraining and re-skilling needs of public

Resource Development Unit

employees

Registry of Companies Agency

To function as a public registry for commercial partnerships

and to execute those functions and duties relating to the

registration of such commercial partnerships

To execute the functions and duties relating to circular

Resource, Recovery and Recycling

economy

Agency

Servizzi.gov Agency

To carry out functions related to the provision of access

to as many as possible of Government services to as

many as possible service users, in partnership with the

responsible Departments and Government entities,

through the Servizz.gov regional-based hubs, multi-

channel, one-stop service

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

shall apply to public employees.

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

Gazette, amend or substitute the First Schedule.

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

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

employee may constitute grounds for disciplinary proceedings against

that employee under applicable rules and procedures.

(4) The Principal Permanent Secretary may issue directives

aimed at upholding and ensuring compliance with the Code of Ethics

and, with the concurrence of the Minister responsible for the

particular board or commission, he may also issue such directives

with respect to boards and commissions.

(5) The head of a department, specialised unit, agency or

government entity may, with the approval of the Principal Permanent

Secretary, make rules of ethical conduct, complementary and in

addition to the Code of Ethics, relating to the circumstances particular

to that organisation, and the term Code of Ethics in relation to public

employees in that organisation shall include such rules.

PART II

The Public Service

Title 1 - Organisation

Appointments of Ambassadors, High Commissioners and principal

representatives of Malta and appointments to certain posts in

Government Agencies and other entities

(Article 38)

FIRST PART

Ambassadors, High Commissioners or principal representatives of

Malta to countries where they are appointed as resident Ambassadors,

High Commissioners or principal representatives.

SECOND PART

The Governor of the Central Bank of Malta

The Chairman of the Malta Financial Services Authority

The Regulator for Energy and Water Services

The Chairperson of the Authority for Transport in Malta

The Chairman of the Malta Communications Authority

The Chairman of the Gaming Authority

The Chairperson of the Planning Board of the Planning

Authority

The Chairperson of the Environment and Resources Authority

The Commissioner for Voluntary Organisations

The Chairperson of the Lands Authority

The Chairman of the Malta Competition and Consumer Affairs

Authority

The Chief Executive Officer of the Medicines Authority

The Chairperson of the Malta Tourism Authority

The Chairman of the National Commission for Further and

Higher Education

The Chairman of the Financial Intelligence Analysis Unit

The Chairman of the Malta Digital Innovation Authority

The list of offices established above shall be deemed to include any

other office in which all the legal functions of the offices above-

mentioned shall be vested from time to time both if in the same entity

and if in another entity, except for a Government Department, which

may be established from time to time to fulfil the said legal functions.

THIRD PART

Form of advice to be given by the

Standing Committee on Public Appointments

"Minister,

The Standing Committee on Public Appointments has organized

a pre-appointment hearing in respect of the proposed appointment of

as

........................................................ of ................................................

and after having considered the results of the pre-appointment

hearing has decided to advise in favour/against the proposed

appointment.

Chairperson

Standing Committee on Public Appointments".

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

department, agency or entity of Government in terms of article 82 of Ministers’

Secretariats.

the Constitution, that Minister shall, in line with article 92 of the

Constitution, and without prejudice to article 6 of the Interpretation Cap. 249.

Act, have the general direction and control of all departments,

agencies and government entities that may be placed under his

responsibility and may give directions directly to the head of the

department, Chief Executive Officer, Board of Directors or any other

employee falling within his responsibilities, on any matter, except

matters where the head of department, Chief Executive Officer, Board

of Directors or other employee is required by any law to act -

(a)

independently; or

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

authority other than the Minister

Provided that where a Permanent Secretary has been appointed

to supervise the relative department, agency or government entity the

Minister shall inform the Permanent Secretary that he has given such

directions

Provided further that any public employee who receives

directions from the Minister shall inform the Permanent Secretary

forthwith that such directions have been given by the Minister.

(2) A Minister may be assigned responsibility for any

department, agency or government entity including the departments

listed in Part II of the Second Schedule.

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

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

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

public officers assigned on transfer, be appointed thereto on the basis

of a definite contract.

(4) The Prime Minister may issue directives concerning the

functions, administration and establishment of Ministers’ secretariats,

the engagement of staff thereto, the terms and conditions under which

such staff shall serve, and the conditions applicable upon termination

or expiry of the contracts of such staff.

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

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

supervision of a member of staff so designated who shall report to the

Minister

Provided that this shall be without prejudice to the provisions of

article 17(7).

(6) The provisions of sub-articles (3), (4) and (5) shall apply

mutatis mutandis to the secretariat of a Parliamentary Secretary.

List of those posts within the public administration that, due to the

nature of their role and responsibilities, are considered to be high risk

positions

[Article 4(4)]

Consideration of applications and decision-making

Building Industry Consultative Council

Skills Cards Officials

Commission for the Rights of Persons with Disability

Assistant Manager Grade 9 (Services team issuing blue badges)

Service Officers Grade 11 (Services team issuing blue badges)

Assistant Service Officers Grade 13 (Services team issuing blue

badges)

Enforcement Officer Grade 11 (Accessibility team)

Identity Malta

Senior Managers responsible for decision-making and

authorisation on applications for visas, Maltese citizenship,

residence and issue of passports and travel documents

Senior Administrative Officer responsible for approval of

passport applications and custody of passport booklet stock

Administrative Officer (Back Office)

Administrative Officer (Front Office)

Jobsplus

Unit Manager (Employment Licences)

Senior Executive Officer (ELU)

Executive Officer (ELU)

Malta Communications Authority

Chief, Spectrum Management and Technology

Senior Manager, Spectrum Planning and Authorisation

Malta Competition and Consumer Affairs Authority

Director, Regulatory Affairs

Senior Manager, Regulatory Affairs

Professional Officer - Scientist

Senior Professional Officer - Scientist

Professional Officer - Engineer

Senior Officer - Technical

Technical Officer - Laboratory

Malta Financial Services Authority

Members of decision-making and other bodies

Malta Individual Investor Programme Agency

Chief Officer, Risk and Compliance

Administrative Officers who deal with applications for residence

and citizenship

Medicines Authority

Director (Licensing Directorate)

Director (Post-Licensing Directorate)

Director (Strategy,

Operations

and

Regulatory

Affairs

Directorate)

Director (Advanced Scientific Initiatives Directorate)

Senior Quality Assessor (Licensing Directorate)

Medical Assessor (Post-Licensing Directorate)

Clinical Assessor (Licensing Directorate)

Assessor, Safety and/or Pharmacokinetics

(Licensing

Directorate/Post-Licensing Directorate)

Quality Assessor (Licensing Directorate)

Junior

Assessor

(Licensing

Directorate/Post-Licensing

Directorate)

Malta Police Force

Superintendent responsible for issuing weapons licences

Superintendent responsible for issuing fireworks licences

Superintendent responsible for issuing private guards services

licences

Malta Tourism Authority

Director, Licensing

Manager, Licensing

Assistant Manager, Licensing

Executive, Licensing

Ministry for Health

Clerical staff at Burials (Environment Health Directorate)

Social Care Standards Authority

Head of Licensing and Legal Office

Manager, Licensing and Legal Office

Manager, Regulation and Standards Office

Assessors

Finance, procurement and resource management

All government organisations

Chief Officers responsible for finance

Financial Controllers

Heads of Procurement

Managers responsible for procurement

Officers and Executives responsible for procurement

EU Fund Managers

Ministries and departments of government

Directors responsible for financial administration

Assistant Directors (Procurement)

Grand Harbour Regeneration Corporation

Manager, Quantity Surveyor

Heritage Malta

Manager

Senior Executive Officer

Executive Officer

Identity Malta

Senior Manager responsible for revenue collection

Administrative Officer responsible for tenders and procurement

Advisor - tenders advice regarding tenders and procurement

Institute of Tourism Studies

Manager, Finance

Assistant Manager, Procurement

Jobsplus

Head of Finance, ICT and Procurement Division

Department Manager (Finance)

Unit Manager (Procurement)

Senior Executive Officers (Procurement)

Executive Officers (Payments)

Malta College of Arts, Science and Technology

Director, Capital Projects

Malta Communications Authority

Senior Manager, Finance, HR and Administration

Malta Competition and Consumer Affairs Authority

Senior Professional Officer - Finance

Administrative Officer - Procurement

Malta Council for Science and Technology

Deputy Director, Finance

Deputy Director - EU Framework Programmes

Executive Officer (Erasmus Funds Project Administrator)

Senior Procurement Manager

Malta Film Commission

Manager, Finance

Malta Freeport Authority

Executive, Finance

Medicines Authority (Inspectorate and Enforcement Directorate)

Director

Senior Medicines Inspector

Medicines Inspector

Enforcement Inspector

Junior Inspector

Enforcement Officer

Malta Residency and Visa Agency

Administration Officer collecting payments with applications for

the residency by investment programme

Procurement Administrators

Ministry for Education and Employment

Senior Manager, Finance and Administration (European Union

Programmes Agency)

Quantity Surveyors (Foundation for Tomorrow’s Schools)

Head of Finance (Institute for Education)

Senior Manager, Administration and Finance (Institute for

Education)

Ministry for Finance

Officers in charge of handling revenue and officers authorised to

cancel dues by debtors (Commissioner for Revenue, Customs

Department)

Accountants (Commissioner for Revenue)

All public procurement officials (Contracts Department)

Ministry for Gozo

Officer in Grade 4 (Procurement Unit)

Senior Principal (Procurement Unit)

Principal (Procurement Unit)

Ministry for Health

Head, Revenue Collection (Mater Dei Hospital)

Manager, Revenue Collection (Mater Dei Hospital)

Manager, Contractual Services (Mater Dei Hospital)

Procurement and Administrative Officer (CPSU)

Chief Projects Officer (Foundation for Medical Services)

Procurement Coordinator (Foundation for Medical Services)

Ministry for Justice, Culture and Local Government

Assistant Director, Finance and Administration (Corporate

Services Directorate)

Ministry for Foreign Affairs and Trade Promotion

Officer in charge of EU funds and projects (Office of the

Permanent Secretary)

Ministry for the Environment, Sustainable Development and

Climate Change

Officer i/c Revenue (Finance and Administration Directorate)

Ministry for the Family, Children’s Rights and Social Solidarity

Senior Procurement Officer (Corporate Services Directorate)

Manager Grade 7, Finance Department (Commission for the

Rights of Persons with Disability)

Manager, EU Project Management (Commission for the Rights

of Persons with Disability)

Officers in charge of awarding benefits and officers authorised to

cancel dues by debtors (Department of Social Security)

Director, Financial Governance and Planning

Assistant Director, Budgeting and

Planning

(Financial

Governance and Planning Directorate)

Assistant Director, Finance (Gozo Overpayments Section)

Senior Principals (Gozo Overpayments Section)

Senior Procurement Officer (Ministerial Procurement Unit)

Senior Manager, Procurement (Social Care Standards Authority)

Ministry for Transport, Infrastructure and Capital Projects

Senior Manager, Finance (Office of the Permanent Secretary)

Manager, Compliance (Office of the Permanent Secretary)

Head, Quantity Surveying Unit

Assistant Head, Quantity Surveying Unit

Quantity Surveying Staff (PTO, IPSL, ERL)

Assistant Director, Contracts (Finance and Administration

Directorate)

Procurement

Section

staff

(Finance

and

Administration

Directorate)

Director, Project Design

and

Engineering

(Works

and

Infrastructure Department)

Director, Manufacturing and Services (Works and Infrastructure

Department)

University of Malta

Director (Procurement Office)

Senior Administrative Officers (Procurement Office)

Inspections and enforcement

Building Regulation Office

Assistant Director, Enforcement

Enforcement Officers

Third Party Rights Officers

Energy Performance of Buildings Officers

Bureau of Air Accidents Investigation

Chief Investigator

Department for Industrial and Employment Relations

EIRA Inspectors

Department of Probation and Parole

Probation Officers

Housing Authority

Manager, Estate Management Inspectorate

Jobsplus

Senior Executive Officer (Compliance)

Senior Inspectors

Senior Executive Officer (Monitoring)

Executive Officers (Monitoring)

Lands Authority

Enforcement, Inspectorate and Compliance Director and staff

Technical Officers (Joint Office)

Local Enforcement System Agency

Regional Enforcement Officers

Malta Gaming Authority

Officers (AML, Enforcement, Due Diligence, Investigations,

Compliance, Authorisations, Player Support)

Gaming Inspectors

Malta Industrial Parks Ltd

Inspectors

Malta Competition and Consumer Affairs Authority

Director, Inspectorate and Cartel Investigations

Inspector - Customer Enforcement

Market Surveillance Officer

Officer - Customer Enforcement

Inspector - Market Surveillance

Administrative Officer - Metrology

Senior Quality Manager

Technical Officer - Metrology

Malta Tourism Authority

Director, Compliance and Regulatory

Senior Manager, Compliance and Regulatory

Officer, Compliance

Executive Officer, Regulatory

Ministry for Finance

Director General, Operations (Commissioner for Revenue)

VAT Inspectors

Revenue Officers (Commissioner for Revenue)

Enforcement Officers (Commissioner for Revenue)

Inspectorate Officers (Commissioner for Revenue)

Inspectors of Customs

Ministry for Gozo

Principal (Licensing and Testing)

Assistant Principals (Licensing and Testing)

Principal (Trade)

Assistant Principal (Trade)

Senior Environmental Health Practitioner (Health Inspectorate)

Senior Environmental Health Officers (Health Inspectorate)

Ministry for Health

Licensing Inspector (Health Standards Directorate)

Standards Licensing Officer (Health Standards Directorate)

All Environmental Health Officers in all grades

Ministry for the Family, Children’s Rights and Social Solidarity

Director, Benefit Compliance

Assistant Director,

Investigations

(Benefit

Compliance

Directorate)

Inspectors (Benefit Compliance Directorate)

Occupational Health and Safety Authority

Occupational Health and Safety Officers

Planning Authority

Assistant Director of Compliance and Enforcement

Social Care Standards Authority

Head of Inspectorate Office

Manager (Inspectorate Office)

Transport Malta

Airworthiness Inspectors

Flight Operations Inspectors

Inspecting officers for flight operations, approvals and licensing,

ANS and aerodromes, air transport navigation, personnel

licensing and general aviation

Senior Marine Safety Investigators

Marine Safety Investigators

Junior Marine Safety Investigators

Vessel Traffic Services Supervisor

Flag and Port Inspector

Port Security Compliance Inspector

Senior Port Inspector

Port Inspector

Passed by the House of Representatives at Sitting No. 199 of the

19th February, 2019.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€6.12

(1) A ministry shall be constituted as a distinct

organisation in its own right under every Minister who is assigned

portfolio responsibilities in accordance with article 82 of the

Constitution, and the ministry shall consist of

(a)

the Minister’s secretariat;

(b) the secretariats of such Parliamentary Secretaries as

may be appointed to assist the Minister;

(c)

the office of the Permanent Secretary; and

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

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

established within the ministry by the Prime Minister.

(2) Where more than one Permanent Secretary reports to the

same Minister (other than temporarily due to arrangements made

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

responsibilities of each Permanent Secretary shall be delineated by

the Prime Minister.

(1) Departments of Government shall be those listed in

the Second Schedule.

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

the indicative summaries shown against the respective departments in

the Second Schedule.

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

the Second Schedule to

(a)

establish a new department;

(b)

abolish a department or change its name or function;

and

(c)

change the titles of heads of department and other

officers as provided for in article 11.

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

special administrative arrangements, are not subject to the direction

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

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

of any such law or special administrative arrangement to such a

department shall not depend on its listing in the Schedule.

(1) The Prime Minister may, by order in the Gazette, Specialised

units.

amend the Third Schedule to

(a)

establish specialised units;

(b) determine their function to be executed within a

defined period;

(c)

determine the position under which the Head of Unit

shall be appointed.

(2) The Head of Unit shall report to his immediate superior

and, or to the Permanent Secretary.

(3) All employees within the specialised units shall be

governed by the public administration values and code of ethics

established by this Act.

(1) There shall be a Senior Appointments Advisory Senior

Committee, hereinafter referred to as "the Committee", which shall: Appointments

Advisory

Committee.

(a) consult the relevant Ministry and, or the Permanent

Secretary about the principal structure and duties attached to,

and the results expected from, any headship position that is

vacant or expected to become vacant;

(b) identify candidates for the position on the basis of an

assessment of eligible candidates’ individual and relative merits

against the requirements of that office, within the parameters set

by the Constitution; and

(c)

give due account about the candidates and propose

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

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

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

Permanent Secretary or his delegate being a Permanent Secretary and

shall consist of

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

be a public officer, who shall be appointed by the Prime

Minister; and

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

Minister for the purpose of considering applicants for specific

headship positions.

(3) The Committee may call upon the advice and assistance of

Permanent Secretaries in screening or short-listing candidates or at

any other stage but shall otherwise regulate its own procedure.

(1) The Prime Minister may, from time to time,

determine the position titles under which heads of department shall be

appointed, and such titles shall, by order of the Prime Minister, be

published in the Gazette, and be listed next to the corresponding name

of the departments in the Second Schedule

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

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

change to the terms of his appointment.

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

titles to different headship positions shall not mean that such

positions should necessarily attract the same status and terms and

conditions.

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

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

been established or is assigned functions by another Act -

(a)

is assigned a new title; or

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

organisational restructuring,

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

article referred to as the "equivalent title at law") shall be listed in the

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

with which it has been merged in terms of paragraphs (a) or (b), as the

case may be, and the provisions of sub-articles (4) and (5) shall apply.

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

Second Schedule along with an equivalent title at law -

(a) the powers assigned to the office under its

equivalent title at law shall vest in the holder of the office as

currently titled; and

(b) both titles shall be regarded as interchangeable for

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

another shall not invalidate any act or any legal proceedings.

(5) Where any law -

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

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

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

equivalent title at law of a second office,

such functions may be performed by the assigned staff in the

department to which the second office belongs, notwithstanding

anything to the contrary in the said law; but any conditions or

requirements attached by the law to the performance of such

functions shall otherwise continue to apply.

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

the provisions of sub-articles (4) and (5) shall apply in respect of each

such title.

The Permanent Secretary with respect to the head of any Exercise of

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

public officer’s

with respect to a member of staff, as the case may be, shall ensure that absence.

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

taken of seniority and technical abilities, is nominated by notice in the

Gazette for the purposes of article 124(5) of the Constitution with the

aim of exercising any powers as are vested by any law if the head or

other member of staff is absent from his office and temporarily unable

to discharge his duties so that such powers shall be exercised during

the period of the officer’s absence.

(1) Unless otherwise provided for in any other law, Secretariats of

where a board is supported by a secretariat consisting of public boards

commissions.

officers drawn from a department, the board, limitedly in relation to

administrative matters and matters affecting the department as a

whole, shall be subject to the authority of the head of department.

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

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

officer", who shall follow the directions of the head of department

within which the board secretariat operates on the matters mentioned

in sub-article (1).

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

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

required by law to function independently.

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

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

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

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

the operations of any department, agency, entity or such other similar

body.

Title 2 - Leadership

(1) The Principal Permanent Secretary shall be

appointed in accordance with article 92 of the Constitution, and shall

also assume the functions of Secretary to the Cabinet

Provided that the Prime Minister may, in terms of article 94 of

the Constitution, appoint another person, not being the Principal

Permanent Secretary, to perform the functions of the Secretary to the

Cabinet.

(2) The function of the Principal Permanent Secretary shall be

to lead the public service.

(3) The Principal Permanent Secretary shall take instructions

from the Prime Minister.

(4) The Principal Permanent Secretary may, with the

concurrence of the Prime Minister, delegate any of his functions

under this article to one or more Permanent Secretaries or heads of

department.

(5) The Principal Permanent Secretary shall

(a)

provide leadership to the public service;

(b) uphold and promote the public administration values

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

employees therewith;

(c)

take measures to improve the performance of the

public service;

(d) assume overall responsibility for human resource

management and development within the public service;

(e)

take measures to ensure coordination between

departments, agencies, government entities and Local Councils

and to ensure that agencies and government entities are

complying with the key policy objectives and management

priorities of the Government;

(f)

provide leadership and direction to Permanent

Secretaries;

(g) set performance targets for Permanent Secretaries

and monitor their performance following consultation with the

relative Minister;

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

public service and the wider public sector, including the

appointment and termination of appointment of Permanent

Secretaries and heads of department; and

(i)

perform any other function that may be assigned to

him by or under any law.

(6) The Principal Permanent Secretary shall assume the

headship and supervisory functions of a Permanent Secretary in

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

agencies and government entities under the Prime Minister’s

responsibility

Provided that one or more additional Permanent Secretaries may

be appointed to assist the Principal Permanent Secretary in

accordance with such arrangements as the Prime Minister may make

under article 7(2).

(1) The Principal Permanent Secretary may issue Directives

directives as variously specified in this Act and may in addition issue issued

Principal

directives on any matter relating to the organisation and management Permanent

Secretary in

of the public service.

relation to the

Public Service.

(2) Public officers shall comply with all applicable directives

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

comply shall be liable to proceedings under the Disciplinary

Regulations.

(3) Directives issued by the Principal Permanent Secretary

may apply for a definite or an indefinite period and to any or all

ministries, departments, specialised units and public officers,

according to the nature of the provisions contained therein or as

specified by the Principal Permanent Secretary.

(4) The Principal Permanent Secretary may codify standing

directives, together with any amendments that he may make thereto

from time to time, in the form of the Public Service Management

Code or other manuals on specific matters which he may issue for this

purpose.

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

Permanent Secretary concerning the issue, amendment or revocation

of any directives.

(1) There shall be a Committee of Permanent

Secretaries which shall be chaired by the Principal Permanent

Secretary, and which shall consist of all Permanent Secretaries as

members.

(2) The Permanent Secretaries shall fulfil their collegiate

responsibility for the performance of the public service, facilitate the

realisation of Government policies and ensure the achievement of

Government objectives that cut across ministries through the

Committee of Permanent Secretaries.

(3) The meetings of the Committee of Permanent Secretaries

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

may deem necessary but at least once every three months.

(4) The provisions of this article shall apply without prejudice

to the individual responsibility of Permanent Secretaries to their

Ministers, and to the Prime Minister through the Principal Permanent

Secretary, for the achievement of Government objectives.

(1) Where, in accordance with article 92(2) of the

Constitution, a Permanent Secretary is charged with the supervision

of one or more of the departments of Government that are listed in

Part I of the Second Schedule, he shall ensure that each department is

(a) working towards the timely and effective fulfilment,

in conjunction with other government organisations as

appropriate, of his Minister’s and the Government’s policy

objectives;

(b) being managed according to law, the public

administration values, the Code of Ethics, and applicable

policies and directives governing staff conduct, management

and the use of resources; and

(c)

operating economically, efficiently and effectively

and delivering any services to the public to a satisfactory

standard.

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

matters pertaining to the departments under his supervision.

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

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

duties under sub-article (1), and he shall monitor and assess the head

of department’s performance in relation to such directions and

targets

Provided that a Permanent Secretary may not give directions to,

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

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

direction of a person or authority other than a Minister.

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

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

government through another public officer of suitable seniority.

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

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

for the performance of the departments under his supervision

notwithstanding any arrangements that may be in effect under sub-

article (4).

(6) Where a Permanent Secretary is charged with the

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

Second Schedule, the provisions of this article shall apply subject to

the following limitations

(a)

sub-articles (1)(a) and (2) shall not apply; and

(b) sub-article (5) shall apply only as may be

compatible with paragraph (a).

(7) Without prejudice to the provisions of article 7(2), the

Permanent Secretary shall be deemed to have the powers of head of

department in relation to the Ministry to which the Permanent

Secretary is assigned.

(8) The Permanent Secretary shall have judicial representation

of the Government in judicial acts and actions for any matter falling

within the remit of the Ministry to which he is assigned.

(1) In addition to any other duties that may be assigned Duties of heads

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

of department -

(a) to manage the activities and programmes of the

department efficiently, effectively and economically;

(b) to ensure that the department achieves a satisfactory

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

business community with the least possible bureaucratic

processes;

(c)

to tender advice to the relative Minister through the

Permanent Secretary and to other authorities, as appropriate, on

matters within the department’s competence;

(d) to establish performance indicators covering the

programmes and activities of the department, and to set

performance targets for public officers serving in the

department; and

(e)

to coordinate the activities of the department with

those of other government organisations in the best interests of

efficiency, effectiveness and service quality.

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

Second Schedule shall answer to his Minister through the Permanent

Secretary and shall discharge his duties under sub-article (1) in

accordance with their lawful directions.

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

Second Schedule shall discharge his duties under sub-article (1) in

accordance with the laws governing his department and any special

administrative arrangements that may apply thereto.

(1) There shall be a Higher Executive Service within

each Ministry which shall be headed by the Permanent Secretary and

shall consist of

(a) heads of the departments listed in the Second

Schedule;

(b) Directors General, Directors and the holders of

equivalent positions which the Permanent Secretary may

indicate within each ministry and those who have been charged

with primary responsibility for any of the following or similar

functions

(i)

the management of corporate services;

(ii) policy development

and

monitoring

of

implementation; and

(iii) information management.

(2) Officers in a ministry who are members of the Higher

Executive Service shall constitute the senior management team of that

ministry, and in relation thereto they shall, without prejudice to the

authority of the Permanent Secretary, be collectively responsible for

(a) promoting and upholding the public administration

values, the Code of Ethics, and applicable policies and

directives governing staff conduct, management and the use of

resources;

(b) continuously improving levels of efficiency and

quality in the delivery of any public services; and

(c)

achieving Government objectives, in coordination as

necessary with other units, departments, agencies and

government entities.

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

individually responsible in relation to his area of responsibility for the

matters listed in sub-article (2); and he shall be liable to proceedings

under the Disciplinary Regulations if he fails to prevent or correct

misconduct or negligence on the part of his subordinates where he

could reasonably have taken steps to do so.

Title 3 - Public Officers

(1) A public officer may be assigned to a post in any Public officers’

department in the public service which involves performance of the assignment

and transfer

duties of his grade or position, and he may also be transferred to such between posts.

a post in any other department.

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

Principal Permanent Secretary or by any other public officer

delegated by him for the purpose.

The Minister responsible for the public administration Grades.

may, after consultation with the Prime Minister, by order in the

Gazette establish, abolish or re-title grades and structures within the

public administration.

PART III

Merit Protection Commission, Agencies and Government Entities

Title 1 - The Merit Protection Commission

(1) There shall be a Merit Protection Commission, The Merit

hereinafter in this Title referred to as "the Commission", which shall Protection

Commission.

consist of a chairman, a deputy chairman and three other members.

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

President acting in accordance with the advice of the Prime Minister

given after he has consulted the Leader of the Opposition.

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

of the Commission if he is a Minister, a Parliamentary Secretary, a

member of or a candidate for election to the House, or a member of a

local government authority.

(4) A member of the Commission may be removed by the

President acting in accordance with the advice of the Prime Minister

for inability to discharge the functions of his office or for

misbehaviour.

(5) The office of a member of the Commission shall become

vacant

(a) upon the expiration of three years from date of

appointment or such earlier time as may be specified in the

instrument of appointment; or

(b) if circumstances arise that would cause a member to

be disqualified for appointment in such an office; or

(c)

upon the resignation of any member of the

Commission.

(1) Subject to the provisions of sub-article (3), the

functions of the Commission shall be

(a) to audit the appointment of employees of

government agencies, government entities and special units and

to oversee the application of the principle of merit in the

appointment of such employees; and

(b) to hear and determine complaints as provided for in

this Act and any regulations made thereunder, which shall

specify, inter alia, the term within which a complaint may be

lodged, and the procedure thereof.

(2) In performing its functions in virtue of sub-article (1)(a),

the Commission shall operate through after-the-event scrutiny and

shall not subject any agency or government entity to any requirement

to obtain the Commission’s clearance or approval in advance of

making appointments or taking decisions, except as a temporary

measure in cases where the Commission -

(a) finds that the principle of merit has been, or is likely

to be, breached; and

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

prevent further breaches of the principle of merit until such time

as the Commission is able to conclude any investigations and

take corrective measures.

(3) The Commission shall not hear and investigate complaints

on matters which are assigned exclusively by any other law to any

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

in the Employment and Industrial Relations Act.

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

Commission may either on its own initiative or upon a complaint by investigation

and remedy.

any person

(a) carry out such inspections and investigations as it

may deem necessary;

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

evidence on oath;

(c)

request in writing the production of information,

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

purpose of examining the same or making copies thereof; and

(d) enter the premises of any agency, specialised unit or

government entity, subject to compliance with any legal

requirements placed by any law on the police for the same

purposes.

(2) The provisions of article 6 of the Inquiries Act shall apply Cap. 273.

to the investigations undertaken by the Commission and any

summons or requests it may make in pursuit thereof.

(3) The Commission shall make a report to the Prime Minister

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

an employment decision has been made otherwise than in conformity

with the principle of merit, it shall

(a)

annul the decision in question;

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

redress the situation; and

(c)

recommend the taking of such criminal action or

disciplinary action including action that may lead to dismissal

as it may consider appropriate in the circumstances.

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

decisions taken and directives issued by the Commission under sub-

article (3)(a) and (b) shall be binding on the organisation to which

they apply, and the board of directors or head of the organisation as

applicable shall ensure that the Commission’s decisions and

directives are complied with.

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

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

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

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

report, lay it on the Table of the House.

The provisions of this Title, unless otherwise indicated in

this Act, shall only apply to agencies, specialised units and

government entities in terms of the provisions of this Act.

Title 2 - Agencies

(1) The Prime Minister may establish government

agencies by order in the Gazette under this Act.

(2) An order establishing an agency under this Act shall serve

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

(a)

set out the functions and duties of the agency;

(b)

specify which Minister is responsible therefor;

(c)

prescribe the financial arrangements applying to the

agency in accordance with the provisions of article 31;

(d) set out any other special arrangements applying to

the agency; and

(e)

amend the Fourth Schedule.

(3) All government agencies established in accordance with

sub-article (1) shall be listed in the Fourth Schedule together with an

indicative summary of their functions.

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

(a) abolish an agency established by order under this

Act and listed in the Fourth Schedule; or

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

amend any other matter provided for in sub-article (2)

Provided that any such order shall provide for the necessary

amendments to the Fourth Schedule.

(1) A government agency shall be a body corporate Legal

having a separate and distinct legal personality and capable of personality

judicial

entering into contracts, of employing personnel, of acquiring, holding representation

of agencies.

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

operations, and of suing and being sued, and to which any function or

operation of Government may be assigned under this or any other

law.

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

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

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

notice in the Gazette

Provided that for the purposes of article 181B of the Code of Cap. 12.

Organization and Civil Procedure, where such other officer is duly

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

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

(1) Except in so far as expressly precluded by any order Directives

establishing an agency under this Act, the Principal Permanent issued

Principal

Secretary may, in addition to his powers under articles 4, 5 and 30, Permanent

Secretary in

issue directives to any or all government agencies to

relation to

agencies.

(a) ensure that agencies coordinate their activities with

other agencies, departments, government entities and Local

Councils as applicable;

(b) put into effect measures to improve the performance

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

public;

(c)

provide for matters relating to employment,

including

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

agencies; and

(ii) the application of the merit principle and the

establishment of safeguards in relation thereto;

(d) establish mechanisms for staff classification and the

determination of pay levels; and

(e)

put into effect such other policy objectives and

management priorities as the Government may from time to

time set out.

(2) Chief Executive Officers and employees of government

agencies shall comply with all applicable directives issued by the

Principal Permanent Secretary, and failure to comply shall be grounds

for disciplinary proceedings under any applicable procedures.

(3) The Principal Permanent Secretary shall seek to frame his

directives in such a manner as to impose the least possible

administrative burden on agencies consonant with the achievement of

Government objectives, bearing in mind any directives issued in

virtue of article 72 of the Financial Administration and Audit Act.

(4) The provisions of article 15(3) to (5) shall apply mutatis

mutandis to the directives issued by the Principal Permanent

Secretary under this article.

(1) Save as otherwise provided in any order establishing

an agency, the Chief Executive Officer of any agency shall be under

the general direction and control of the Minister responsible for the

agency and, subject to such direction and control, under the

supervision of the Permanent Secretary of that ministry.

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

supervision by a Permanent Secretary, article 17, except for sub-

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

Chief Executive Officer in the same manner as to departments and

their heads.

(1) A government agency shall, within six months of its

establishment, enter into an agency performance agreement with the

Permanent Secretary responsible therefor, or, where a Permanent

Secretary is not appointed, with the relative Minister, and such

agreement shall set out the tasks to be addressed by the agency, the

targets it is expected to meet, and the funds available to it.

(2) An agency performance agreement shall cover a period of

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

such directives as the Principal Permanent Secretary may issue in

relation to agency performance agreements.

An Agency shall be governed by the provisions of the

Financial Administration and Audit Act

Provided that the Prime Minister may, in consultation with the

Minister responsible for finance, decide to exempt an agency from the

provisions of the Financial Administration and Audit Act

Provided further that if an agency is exempted from the

provisions of the Financial Administration and Audit Act, the

following provisions shall apply

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

in such a manner as the Minister responsible for finance may

from time to time direct;

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

appointed for the purpose by the head of each agency and shall

moreover be subject to scrutiny by the Ministry for finance and

audit by the Internal Audit and Investigations Directorate and

the Auditor General, as the case may be;

(c)

not later than three months after the end of each

financial year, the head of each agency shall present to his

Minister through the relative Permanent Secretary an audited

statement of accounts together with a report on the workings of

the agency which shall state the manner in which the agency has

operated to fulfil its functions, whether it has met its

performance obligations, and its plans for the future; and

(d) this report shall be laid on the Table of the House by

the Minister responsible for the agency not later than six weeks

after its receipt or, where the House is not in session, not later

than the second week after the House resumes its sittings.

(1) The Minister responsible for an agency may Advisory

establish an advisory board to assist the Chief Executive Officer in boards.

the discharge of his duties.

(2) An advisory board established under this article shall be

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

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

responsible for the agency.

(3) The remuneration paid to members of an agency advisory

board shall be in accordance with any directives issued by the

Principal Permanent Secretary in relation thereto.

The Principal Permanent Secretary may, following the Detailing of

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

with an agency.

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

conditions as he may prescribe.

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

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

arrangements.

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

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

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

government service pensions, service with any such agency shall be

deemed to be service with the Government

Provided that in assessing the pensionable emoluments of such

officer for the purposes of any law relating to government service

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

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

entitled to as a public officer

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

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

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

his appointment with the Government during the period aforesaid.

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

because they are not in all respects identical or superior to those

enjoyed by the officer concerned at the date of such detailing, if in the

opinion of the Prime Minister such terms and conditions, taken as a

whole, offer substantially equivalent or greater benefits.

(2) (a)

For the purposes of calculating pensionable

emoluments, posts and salary grades with an agency shall be

classified in the most nearly corresponding grades and incremental

levels in the services of the Government of Malta by reference to job

descriptions, skills, responsibilities and other analogous factors.

(b) The classification referred to in paragraph (a) shall

be carried out by a board composed of a chairperson appointed by the

Minister responsible for finance and two other members, one

appointed by the Minister responsible for the agency and one

appointed by the agency. The classification shall be subject to the

final approval of the Minister responsible for finance.

(c)

Such classification shall take place within three

months of any adjustment of the salaries of employees in Government

service or of employees of the agency.

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

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

Minister responsible for finance may from time to time, by notice in

the Gazette, determine.

(e)

Without prejudice to article 113 of the Constitution,

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

rights under the Pensions Ordinance less favourable than those to

which he would have been entitled prior to such classification.

(f)

Without prejudice to any other law, where on the

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

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

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

Permanent Secretary may issue directives with the purpose of

resolving any administrative difficulties that may have arisen after a

public officer was detailed.

Title 3 - Government entities, boards and commissions

(1) A government entity shall be subject to supervision Supervision of

by the appropriate Permanent Secretary, who shall issue directions to government

entities by

the entity and, or instruct or advise Government representatives on Permanent

Secretaries.

the entity’s governing board

Provided that the powers of direction of the Permanent

Secretary over a particular entity shall in no case exceed the powers

of the Minister over that entity.

(2) A Permanent Secretary who is supervising a government

entity in terms of sub-article (1) shall ascertain that it is -

(a) working towards the timely and effective fulfilment,

in conjunction with other government entities as appropriate, of

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

(b) being managed according to law, the public

administration values, the Code of Ethics, and applicable

policies and directives governing staff conduct, management

and the use of resources; and

(c)

operating economically, efficiently and effectively

and delivering any services to the public to a satisfactory

standard.

(3) In fulfilment of his duties under sub-article (2), a

Permanent Secretary may, in consultation with the relative Minister,

establish targets for the entity and require any information except

where this is precluded by law and may give directions to the

government entity

Provided that a Permanent Secretary may not give directions on

matters where the government entity is required by any law to act

independently or in accordance with the direction of a person or

authority other than a Minister.

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

performance of the government entities under his supervision.

(5) The provisions of article 28 shall apply mutatis mutandis

to government entities.

(1) The Principal Permanent Secretary may issue

directives to boards and commissions after consultation with the

Prime Minister or with the Minister where the Prime Minister has

appointed a Minister with responsibility for the public administration.

(2) The provisions of article 35 shall mutatis mutandis also

apply with respect to boards and commissions.

(3) The directives mentioned in sub-article (1) and the

supervision referred to in sub-article (2) shall apply to administrative

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

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

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

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

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

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

authority established by the Constitution.

(1) There shall be a Standing Committee on Public

Appointments, hereinafter referred to as "the Committee", which

shall consist of seven members appointed by the House of whom four

shall be appointed by the Government, one of whom shall be

appointed as Chairperson, and the other three shall be appointed by

the Opposition.

(2) Four members of the Committee shall constitute a quorum.

(3) The Committee shall have the power to conduct pre-

appointment hearings of persons nominated for certain public

appointments as may be provided by law from time to time.

(4) The provisions of paragraphs (3) and (4) of Standing Order

120B of the Standing Orders of the House of Representatives shall,

mutatis mutandis, apply to the Committee.

(1) Notwithstanding the provisions of any other law,

where a Minister (hereinafter in this article referred to as "the

Minister") intends to nominate a person to be an Ambassador or High

Commissioner or other principal representative of Malta in any other

country, not being a person who is selected from amongst public

officers in the service of the Ministry for Foreign Affairs or a person

who already holds the post of Ambassador or High Commissioner or

other principal representative of Malta in any other country, as may

be specified by Order of the Prime Minister in the First Part of the

Fifth Schedule, or to hold a post in a Government agency, entity,

board or commission or to head any other institution established by

law as may be specified by Order of the Prime Minister in the Second

Part of the Fifth Schedule, then unless the nomination is in respect of

a re-appointment, the Minister shall, at least twenty days before he

intends that the appointment should become effective, give notice of

the proposed appointment to the Committee referred to in article 37

Provided that

(a) the exemption in respect of a nomination consisting

of a re-appointment provided for in this sub-article shall not

apply to persons who are not in the post on the date of coming

into force of this sub-article; and

(b) an Order which amends the Second Part of the Fifth

Schedule in such a manner as to reduce the posts listed in the

said Second Part of the Fifth Schedule, except in the case where

the sole purpose of such an amendment is that of reflecting a

change in the name of a post or of an entity, shall require

approval by resolution of the House before it comes into force.

(2) Upon receipt of the notice referred to in sub-article (1) the

Chairperson of the Committee shall, through the Clerk of the House,

circulate the said notice to all Members of the Committee giving the

members five days to submit any questions in writing to the proposed

nominee. The said questions shall relate to the professional

competence, suitability and background of the nominee and they shall

be notified to the Clerk of the House, who shall notify them to the

Minister who gave notice of the proposed appointment, to the

Chairperson and to the Members of the Committee and to the person

nominated who shall have ten days to reply to the said questions in

writing to the Clerk of the House who shall again circulate the replies

as explained above. The questions and the replies shall, unless the

Committee otherwise decides, be made public.

(3) By not later than the working day immediately following

the expiry of the period of ten days established in sub-article (2) or of

the extension of any such period in the case that the said period has

been extended by the Committee in accordance with sub-article (6),

the Clerk of the House shall transmit the replies submitted by the

nominee to the Minister who gave notice of the proposed

appointment, to the Chairperson and to all the members of the

Committee.

(4) The Committee shall in all cases call the nominee to a

hearing at a meeting of the Committee so that supplementary

questions related to the written replies provided may be put to the

nominee. The said hearing shall be held on a date not later than five

days from the notification to the Committee of the replies to the

questions unless the Committee agrees to another date for the hearing.

The said hearing shall be held in public but the Committee, may

where it is satisfied that it is appropriate, decide that the hearing

should be held in camera.

(5) Upon the conclusion of the pre-appointment hearing in

accordance with this article the Committee shall, unless it decides

that it needs to discuss or clarify any matter with the Minister, give its

advice to the Minister which shall include the content of the form

included in the Third Part of the Fifth Schedule to which there shall

be annexed a copy of the minutes of the Committee relative to the

hearing

Provided that

(a) any discussion between the Committee and the

Minister held in terms of this sub-article shall be held during a

meeting of the Committee to take place either in public or in

camera as the Committee may decide;

(b) any matter which, according to this article, is to be

discussed by the Committee shall, notwithstanding any other

law, not be transferred for discussion to another Committee of

the House or to the whole House unless the Committee by a

majority vote of all its members so decides; and

(c)

the final decision as to whether an appointment

which is subject to the procedure provided in this article is to be

made shall in any case pertain to the Minister.

(6) The Committee may, giving reasons, either on its own

initiative or at the request of the Minister who has given the notice of

a proposal for the appointment, lengthen or shorten any time limit set

out in this article.

(7) The time limits established in this article shall be

suspended during any period when the House is not in session or

during which it is adjourned for more than seven days

Provided that nothing in this sub-article shall be interpreted as

precluding the Committee, acting upon the unanimous consent of all

its members, from implementing its functions even at any time during

which the House is adjourned for more than seven days as above-

mentioned.

(8) The procedure provided for in this article shall not apply to

acting appointments made for a maximum period of up to six months.

PART IV

Miscellaneous Provisions

The Prime Minister may make regulations to give effect to Power to make

any of the provisions of this Act and the enforcement thereof, and regulations.

without prejudice to the generality of the foregoing such regulations

may provide for

(a) the better organisation, management

and

administration of the public administration;

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

government agencies and government entities are to be kept;

(c)

the sanctions that may be applicable in case of

breaches of the Code of Ethics;

(d) the procedures to be followed by the Merit

Protection Commission;

(e)

the manner in which public officers shall be

detailed, released, deployed, attached or seconded with agencies

and government entities, and the rights accruing to such

officers, so however that the Prime Minister may, without

prejudice to any vested rights, also make regulations with a

view to resolving any matter;

(f)

the recruitment in public administration of nationals

of Member States of the European Union other than Malta and

nationals of other countries enjoying similar rights in relation to

the free movement of workers

Provided that posts involving the exercise of public

authority and the safeguarding of the general interests of the

State, and particularly those listed herein, may be reserved for

Maltese nationals

(i)

posts in the Office of the President, the House

of Representatives, the Prime Minister’s and Ministers’

Secretariats, the Cabinet Office, and the offices of the

Principal Permanent Secretary and of Permanent

Secretaries;

(ii)

the Judiciary, posts involving the preparation

of expert advice in the field of prosecution of offences or

lawmaking, and posts entailing responsibility for

advisory constitutional bodies;

(iii) posts involving the sovereignty of the State,

including diplomatic and foreign representation;

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

the Ministries for Finance, Justice, Home Affairs and

Foreign Affairs;

(v)

posts within departments charged with the

protection of the economic interests of the State,

including tax authorities;

(vi)

positions in the Higher Executive Service;

(vii) posts in the disciplined forces and offices

responsible for defence matters; and

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

of civil protection and defence;

(g) matters of organization and administration in

relation to specialised units, including the conferment of legal

personality for particular purposes; and

(h) the amendment of the Schedules to this Act, unless

otherwise specified.

Immediately after sub-article (4) of article 92 of the

Constitution there shall be added the following new sub-article

"(5) The Principal Permanent Secretary shall be

appointed in the same manner as a Permanent Secretary from

amongst persons having the qualifications to be so appointed in

terms of sub-articles (1), (2) and (3)

Provided that the functions of the Principal Permanent

Secretary together with any other matter ancillary or incidental

or considered necessary or expedient for the carrying out of the

functions of the Principal Permanent Secretary shall be

provided for by an Act of Parliament.".

Article 94 of the Constitution shall be substituted by the Consequential

substitution of

following

article 94 of the

Constitution.

" Secretary to

94. (1) The Principal Permanent Secretary

the Cabinet.

shall be the most senior public officer and shall act

as Secretary to the Cabinet

Provided that the Prime Minister may appoint

a different person to act as Secretary to the Cabinet,

and in such case the Secretary to the Cabinet shall

be appointed in the same manner as a Permanent

Secretary from amongst persons having the

qualifications to be so appointed in terms of article

92. (2) The Secretary to the Cabinet shall be

responsible, in accordance with such instructions as

may be given to him by the Prime Minister, for

arranging the business for, and keeping the minutes

of, the meetings of the Cabinet and for conveying

the decisions of the Cabinet to the appropriate

person or authority, and shall have such other

functions as the Prime Minister may from time to

time direct.".

In paragraph (iii) of the proviso to article 21 of the Consequential

Pensions Ordinance, for the words "repealed by that Ordinance amendment

article 21 of the

apply." there shall be substituted the words "repealed by that Pensions

Ordinance.

Ordinance apply:" and immediately thereafter there shall be added the Cap. 93.

following new paragraph

"(iv) the provisions of this Ordinance and of any

regulations made thereunder shall, notwithstanding the other

provisions of this Ordinance or of any other law, apply to any

employee in the public service who, notwithstanding that he

was appointed to the public service on or after the 15th January

1979, shall after the 15th January 1979 have served as Principal

Permanent Secretary or as Permanent Secretary or as Cabinet

Secretary or as Secretary to the Cabinet or as Auditor General or

as Deputy Auditor General or as Ombudsman for one full

respective term or equivalent period or in aggregate shall have

served for the equivalent period of one respective term

Provided that nothing in this paragraph shall exempt any

employee to whom this Ordinance applies in virtue of this

paragraph from the need to satisfy the other requirements of this

Ordinance, other than the requirement that he must have been a

public officer prior to 15th January 1979, in order to be eligible

to receive a pension thereunder.".

(1) The Public Administration Act, hereinafter referred

to as "the repealed Act", is hereby repealed and any references in any

law to the repealed Act shall be construed as references to this Act.

(2) Any order, rule, regulation, directive, notice or other

instrument having the force of law made under the authority of any of

the provisions of the repealed Act shall continue in force and shall

continue to have effect as if made under this Act and may be

amended, substituted or revoked accordingly.

(3) Any permission, authority or order granted or made under

any of the provisions of the repealed Act and still in force

immediately before the date of coming into force of this Act shall, as

from such date, continue in force as if it were a permission, authority

or order granted or made under a corresponding provision of this Act,

and any such permission, authority or order as aforesaid shall be

treated and dealt with accordingly.