ACT No. XLI of 2023 AN ACT to amend the Local Government Act, Cap. 363.

I assent.

(L.S.)

GEORGE VELLA

President

22nd December, 2023

ACT No. XLI of 2023

AN ACT to amend the Local Government Act, Cap. 363.

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

consent of the House of Representatives, in this present Parliament

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

The short title of this Act is the Local Government Short title.

(Amendment) Act, 2023 and this Act shall be read and construed as

one with the Local Government Act, hereinafter referred to as "the Cap. 363.

principal Act".

Article 3B of the principal Act shall be substituted by the Substitution of

article 3B of the

following new article

principal Act.

" Candidature of

Persons who attain sixteen (16) years of age

sixteen (16) year

shall have the right to contest local council elections.".

old persons.

3. Sub-article (1) of article 25 of the principal Act shall be Amendment of

article 25 of the

principal Act.

substituted by the following new sub-article

(1) Without prejudice to the provisions of article

Mayor and Deputy

29, the office of Mayor in any Local Council shall be

occupied by such elected councillor who at the last

local election of that locality shall have obtained the

highest number of votes in the first count amongst the

candidates of the political party which at such

elections obtained the absolute majority of councillors

in such Council. Such councillor shall assume the

office of Mayor at the first sitting of the Council after

such local election. If for any reason such councillor

refuses to occupy the office of Mayor, the councillor

with the second highest number of votes from the

aforesaid political party shall assume office, and so

on, until the office of Mayor is filled

Provided that if the Mayor vacates office

during the Council’s term, the office of Mayor shall be

occupied by such person belonging to the same

political party who had obtained the highest number of

votes in the first count after the Mayor who is vacating

office

Provided further that where the law does not

provide otherwise, the Mayor shall be chosen from

amongst the councillors.".

Article 25A of the principal Act shall be substituted by the

following new article

(1) Any person who contests a local election,

is

elected

a councillor, and gets the highest number of

in accordance with

votes from among the candidates of the party that has

the post of Mayor obtained the highest number of votes in the first count,

even if this person is under eighteen (18) years of age,

is eligible to be declared Mayor and is eligible to hold

the office of Mayor, and this shall apply mutatis

mutandis to the office of Deputy Mayor.

(2) Notwithstanding that stipulated in any law,

when a person who is under eighteen (18) years of age

is declared Mayor, that person shall have the capacity

to do all acts of civil life limitedly to when that person

is acting in the office of Mayor, and this shall apply

mutatis mutandis in those circumstances when the

person who is under eighteen (18) years of age and is

occupying the office of Deputy Mayor is acting in the

role of Mayor according to law.

(3) When a vacancy in the office of Mayor or

Deputy Mayor arises, a councillor, even if he is under

eighteen (18) years of age, shall be eligible to hold the

office of Mayor or Deputy Mayor if that councillor

qualifies to hold the office of Mayor or Deputy Mayor

in accordance with this Act.".

5. Article 26 of the principal Act shall be substituted by the Substitution of

article 26 of the

following new article

principal Act.

(1) The Mayor shall be the representative of

the Council for all effects under this Act and shall

preside over all meetings of the Council and supervise

all functions of the Council.

(2) The Mayor shall be responsible for the

furtherance of the objects and provisions of this Act in

the locality and Mayors shall co-operate between

themselves for the better welfare of the localities

which they represent.

(3) In fulfilling this role, the Mayor shall be

assisted by the Executive Secretary.".

6. Article 27 of the principal Act shall be substituted by the Substitution of

article 27 of the

following new article

principal Act.

The legal and juridical representation of the

Council shall be jointly vested in the Mayor and the

Executive Secretary, who may sue and be sued on

behalf of the Council even when the case refers to acts

done before the commencement of their term of office

or appointment as the case may be.".

Passed by the House of Representatives at Sitting No. 190 of the

18th December, 2023.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.54