ACT No. XVI of 2021 AN ACT to provide for the amendment of the laws relative to the appointment of persons of trust.

I assent.

(L.S.)

GEORGE VELLA

President

9th April, 2021

ACT No. XVI of 2021

AN ACT to provide for the amendment of the laws relative to the

appointment of persons of trust.

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

consent of the House of Representatives, in this present Parliament

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

The short title of this Act is Appointment (Persons of Trust)

Act, 2021.

PART I

Amendments to the Standards in Public Life Act

This Part amends the Standards in Public Life Act and it shall

be read and construed as one with the Standards in Public Life Act,

hereinafter in this Part referred to as "the principal Act".

In article 2 of the principal Act, the definition "person of trust"

shall be substituted by the following new definition

" "person of trust" means

(i) any employee or person engaged directly

from outside the public service and the public sector

to act as consultant or staff in the private secretariat

of a Minister; or

(ii) any employee or person engaged directly

from outside the public service and the public sector

to act as consultant or staff in the private secretariat

of a Parliamentary Secretary; or

(iii) a person engaged in the event that a post

remains vacant following repetitive public calls for

engagement; or

(iv) a person who has been engaged

according to the procedure established under article

6A of the Public Administration Act.".

In sub-article (6) of article 22 of the principal Act, the words Amendment of

"or the Permanent Commission Against Corruption" shall be article

substituted by the words "or directly to the Attorney General" and the

words ", as the case may be," shall be deleted.

PART II

Amendments to the Public Administration Act

This Part amends the Public Administration Act and it shall be Amendments to

read and construed as one with the Public Administration Act, the

hereinafter in this Part referred to as "the principal Act".

Immediately after article 6 of the principal Act, there shall be Addition of new

added the following new article

(1) Ministers and Parliamentary Secretaries may

engage directly, on a persons of trust basis, individuals

from outside the public service and the public sector

(a) to act as consultants to a Minister or

Parliamentary Secretary; or

(b) to act as staff of the Secretariat of a

Minister or a Parliamentary Secretary; or

(c) in the event that following repetitive

public calls for engagement, a post remains vacant

Provided that persons of trust shall not be deemed

to be public officers or public employees.

(2) Persons of trust shall be engaged on a fixed term

engagement contract

Provided that a person engaged in this position

shall not attain indefinite status if employed in excess of

the legal limit stipulated in the Contracts of Service for a

fixed term Regulations, on the basis that the engagement is

linked to a particular Minister or Parliamentary Secretary

where the maintenance of a higher level of trust is

necessary by virtue of the nature of the position and where

a high level of trust is objectively an essential element of

the employment relationship.

(3) The number of persons that may be engaged and

the conditions of employment of persons of trust shall be

established in the manual published by Cabinet Office

which shall be laid on the table of the House.".

Passed by the House of Representatives at Sitting No. 445 of the

24th March, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

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