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LOCAL GOVERNMENT ACT

180 Articles / Provisions · Malta
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Table of Provisions (180)

Preamble Art. 1 Short title. First Schedule * Art. 2 Interpretation. Second Schedule * Art. 3 Establishment of Local Councils. Art. 3A Work plan. Art. 3B Candidature of sixteen (16) year old persons. Third Schedule Art. 4 Constitution of the Council. First Schedule Art. 5 Persons entitled to vote. Second Schedule Art. 6 Special Register. Third Schedule Art. 7 Persons entitled to vote in a particular locality. Schedule Three-A Art. 8 Election of councillors. Fourth Schedule Art. 9 Casual vacancies. Fifth Schedule Art. 10 Vacancy not to invalidate proceedings. Sixth Schedule Art. 11 Eligibility for Election as councillors. Seventh Schedule Art. 12 Persons not qualified to stand for Council. Eighth Schedule Art. 13 Councillor ceasing to be qualified to stand for Council. Ninth Schedule Art. 14 Term of office of councillors. Tenth Schedule Art. 15 Penalty for unqualified persons acting as councillors. Twelfth Schedule Art. 16 Validity of acts done by unqualified councillor. First Schedule Art. 17 Resignation of Council members. Second Schedule Art. 18 Councillors to attend all meetings. Third Schedule Art. 19 Pecuniary interest. Fourth Schedule Art. 20 Relatives of councillors. Fifth Schedule Art. 21 Immunity from legal proceedings in certain cases. Sixth Schedule Art. 22 Dissolution of Council. Seventh Schedule Art. 23 Elections to follow dissolution of Council. Eighth Schedule Art. 24 Oaths of Office. Schedule 8A Art. 25 Election of Mayor and Deputy Mayor. Art. 25A Ninth Schedule Art. 26 The role of the Mayor. Tenth Schedule Art. 27 Legal and juridical representation. Eleventh Schedule Art. 28 Term of Office. Twelfth Schedule Art. 29 Vote of no confidence. Art. 29A Convening of urgent Council meeting. Thirteenth Schedule Art. 30 Vote of no confidence to be notified to Minister. Schedule Three-A Art. 31 Casual vacancy in the Office of Mayor. Fourteenth Schedule Art. 32 Allowances to the Councillors and Honorarium to the Mayor. Fourth Schedule Art. 33 Functions of Local councils. Art. 33A Responsibilities assigned to councillors. Fifth Schedule Art. 34 Council to make Bye-laws. Sixth Schedule Art. 35 Procedure for making Bye-laws. Seventh Schedule Art. 36 Penalties for contravention of Bye-laws. Art. 36A Abrogative referenda. Eighth Schedule Art. 37 Co-operation with other Councils. Art. 37A Regional Councils. Art. 37B Functions of Regional Councils. Ninth Schedule Art. 38 Right of Local Councils to a judicial remedy. Tenth Schedule Art. 39 Competition. Eleventh Schedule Art. 40 Acquisitions. Twelfth Schedule Art. 41 Projects co- financed by the European Union. Thirteenth Schedule Art. 42 Arrangements for the supply of goods and services or interchange of staff. Fourteenth Schedule Art. 43 Standing Orders. Art. 44 Admission of public to meetings and streaming on the internet. Art. 45 Information to be given as to meetings. Art. 46 Facilities for media representatives. Art. 47 Committees of Councils. Art. 47A Communities. Art. 48 Council premises. Art. 49 Appointment of Executive Secretary and Deputy Executive Secretary. Art. 50 Appointment of deputy Executive Secretary. Art. 51 Full-time Executive Secretary. Art. 52 Functions of Executive Secretary. Art. 53A Qualifications of Executive Secretaries and Council employees. Art. 53B Removal, suspension and reinstatement of Executive Secretaries and employees of the Council. Art. 53C Data protection. Art. 54 Status of public officers detailed on duty with Local Councils. Art. 55 Financial allocation to Councils. Art. 56 Annual budget. Art. 57 Method of supply of funds for ordinary administration. Art. 58 Method of supply of funds for special needs.| Art. 59 Five-year business and financial plan. Art. 60 Councils may raise additional funds. Art. 61 Payments in excess of voted funds. Art. 62 Approval of supplementary funds. Art. 63 Limitation on investments and donations. Art. 63A No donationb by Councils. Art. 64 Minister may order production of books of accounts and other documents. Art. 65 Appointment of local government auditors. Art. 66 Additional auditing responsibilities. Art. 66A Precedence for funds and special schemes. Art. 67 Regulations by Minister responsible for finance. Art. 68 Powers of Minister responsible for finance under the Constitution. Art. 69 Appropriation of monies required to hold Council Elections. Art. 70 Locality Meeting. Art. 71 Public consultation. Art. 72 Power of Minister to make regulations. Art. 73 Offi cial Popul ation Statistics. Art. 74 Coats-of-arms. Art. 75 Seals. Art. 76 Councils may adopt historical names. Art. 77 Councils not to have broadcasting facilities. Art. 78 Publication of the First, Second and Ninth Schedules. Art. 79 Twinning. Art. 80 Functions of the Director. Art. 81 When a Council fails to conduct a function. Art. 82 Local and Regional Protocol. Art. 83 Code of Ethics. Art. 84 Protection and privacy of personal data. Art. 85 Election petitions. Art. 86 Decision of returning officers on transfer. Art. 87 Result of poll. Form of declaration. Art. 88 Notice of vacancy. Art. 89 Nominations. Art. 90 Notice of valid nominations Art. 91 If two or more nominations, ballot papers of vacating councillor are examined. Art. 92 Vacancy filled by co-option in special case. Art. 93 Making of contracts in respect of election expenses. Art. 94 Payment of expenses. Art. 95 Periods for sending in claims and making payments for election expenses. Art. 96 Petty expenses. Art. 97 Expenses in excess of maximum to be illegal practice. Art. 98 Certain expenditure to be illegal practice. Art. 99 Certain employment to be illegal. Art. 100 Saving for creditors. Art. 101 Return and declaration respecting election expenses. Art. 102 Publication of notice in respect of return of election expenses. Art. 103 Punishment on conviction for illegal practice. Art. 104 Personation. Art. 105 Treating. Art. 106 Undue influence. Art. 107 Bribery. Art. 108 Punishment and incapacities for corrupt practice. Art. 109 Reasons exonerating candidates in certain cases of corrupt and illegal practices. Art. 110 Power of courts to except innocent act from being illegal practice, etc. Art. 111 Art. 112 Avoidance by conviction of candidates. Art. 113 Avoidance of election on other grounds. Art. 114 Publication of result of election and of counting details. Art. 115 Preservations of documents. Art. 116 Power of court to order unsealing of packets. Art. 117 Penalty for giving false information. Art. 118 Penalty for misconduct in polling places, etc. Art. 119 Penalty for offences in respect of nomination, etc. Art. 120 Infringement of secrecy as to manner of voting. Art. 121 Prohibition of activities capable of influencing voters immediately before the election. Art. 122 Competent courts. Art. 123 Non-exercise of certain rights. Art. 124 Right to information in electro-magnetic format.

Statutory Text (180 Articles)

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Preamble — LOCAL GOVERNMENT ACT Open official source

CHAPTER 363

LOCAL GOVERNMENT ACT

To make provision for the setting up of Local Councils.

23rd July, 1993

1st January, 1994

lix.

1st April, 1995

1st April, 1996

ACT XV of 1993, as amended by Legal Notice 53 of 1995, Act XII of 1995; Legal Notices

170 of 1995, 28, 97 of 1996; Acts: VIII, XIII, XV of 1996; Legal Notice 205 of 1996; Act XVI

of 1997; Legal Notices 107 of 1997, 87, 255 of 1998, Act XXI of 1999; Legal Notices 7, 19, 77

of 2001, 48, 79, 153 of 2002; Act XII of 2002; Legal Notice 117 of 2003; Acts XVI of 2003, III

of 2004; Legal Notice 326 of 2004; Act I of 2005; Legal Notices 76, 158, 272 of 2005, 111, 181

of 2006; Acts II, XXI of 2007; Legal Notices 82, 96, 372, 425 of 2007, 26, 128, 161 of 2008;

Acts XVI of 2008, XVI of 2009; Legal Notice 179 of 2010; Act V of 2011; Legal Notices 230,

231, 313 of 2011, 213, 426 of 2012, 36 of 2013; Acts VII, XVI of 2014; Legal Notice 157 of

2014; Acts XXIV, XL of 2015, and Legal Notices 268 of 2017 and 81 of 2020 and Acts XIX ,

XXVIII,and XL of 2018 ,XI and XIV of 2019 and XXI and LIX of 2020 and Legal Notice 12 of

2023 and Act XLI of 2023.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 1 Short title. — LOCAL GOVERNMENT ACT Open official source

The short title of this Act is Local Government Act.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
First Schedule * — LOCAL GOVERNMENT ACT Open official source

Amended by

L.N. 170 of 1995;

L.N. 28 of 1996;

(Article 74)

L.N. 97 of 1996;

L.N. 205 of 1996;

L.N. 107 of 1997;

Coat of Arms

XXI. 1999.37;

L.N. 7 of 2001;

L.N. 158 of 2005;

L.N. 96 of 2007;

L.N. 28 of 2008;

XVI. 2009.43;

L.N. 230 of 2011;

L.N. 12 of 2023.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 2 Interpretation. — LOCAL GOVERNMENT ACT Open official source

In this Act, unless the context otherwise requires -

"advertisement" means any word, letter, model, sign, placard,

board, notice, device or representation, whether illuminated or not,

in the nature of and employed wholly or in part for the purposes of

advertisement, announcement or direction, including any boarding

or similar structure used or adapted for use for the display of

advertisements;

"Association" means the Association representing the Local

Councils and Regional Councils recognized as such by the provisions

of article 37(3);

"Auditor General" means the Auditor General appointed in terms

of article 108 of the Constitution;

"Commissioner for Justice" means any person appointed to such

office according to article 3 of the Commissioners for Justice Act;

"community" means any village as indicated in the Ninth

Schedule;

"councillor" means a member elected to the Local Council under the

provisions of this Act;

"Department" means the Department responsible for the monitoring

and support of Local Government;

"Director" means the Director General responsible for Local

Government;

"Electoral Commission" means the Electoral Commission

established by article 60 of the Constitution;

"Electronic Counting System" means the process, computer

program and/or computer hardware, other equipment, data and

services as may be necessary in order to

(a) maintain relevant data in relation to the election being

held;

(b) take an image of each ballot paper and interpret the

preferences;

(c) establish a link between each vote stored electronically

and the equivalent ballot papers by means of a unique

identifier;

(d) process the collected data and ballots in such manner

as to calculate the number of votes cast for each

candidate at the election and determine the final result

in terms of this Act and Local Councils (Elections)

Regulations, 1993; and

L O C AL GOVERNMENT

(e) ensure the retention of proper records.

"Electoral Register" means the Electoral Register published in

accordance with the provisions of the General Elections Act;

"European Union Electoral Register" has the same meaning

assigned to it by article 2 of the European Parliament Elections

Act;

"Executive Secretary" means the person occupying the post of an

Executive Secretary of a Local Council or Regional Council in

accordance with this Act;

"financial year" means a twelve month period starting from the

1st of January and ending on the last day of December

Provided that the Minister may, after consultation with the

Auditor General, by regulations provide a different interpretation

to financial year;

"Governance Board" m eans the Local G overna nce Board

established by means of regulations issued by the Minister;

"an identification document" means an identification document

issued under the Identity Card and other Identity Documents Act;

"Information and Data Protection Commissioner" means the

official appointed in terms of article 11 of the Data Protection Act;

"Local Government" includes both the Regional Councils as well as

Local Councils;

"Infrastructure Malta" means Agency for Infrastructure Malta as

established by the Agency for Infrastructure Malta Act;

"locality" means an area within set boundaries as designated in

the Second Schedule; sohowever that when a set boundary so

designated passes through a road dividing two localities, both sides

of such road shall form part of the locality as indicated by arrows;

"Local Council" means Local Council established under this Act;

"local road" shall have the same meaning assigned to it in article 2

of the Agency for Infrastructure Malta Act;

"Malta" has the same meaning assigned to it by article 124 of the

Constitution;

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

the provisions of this Act;

"Minister" means the Minister responsible for Local

Government;

"most senior councillor" means that councillor who has been

continuously serving in office and who belongs to that party or

organisation which in the last Local Election elected the majority of

councillors;

"motion" means any proposal or recommendation made by a

Councillor as provided in this Act, which shall be so registered and

discussed;

''the period of time reserved for viewing" means the period of time

which starts from such time when the Commission grants access to the

party delegates to the images of each Electronic Ballot together with

their interpretation and to the complete data set containing the

preferences of voters as shown in the Electronic Ballots, and which

expires four hours after the time the Commission forwards a copy of

the Draft Result to party delegates in terms of regulation 13;

"political party" means, except as otherwise provided for in this

Act, any person or any group of persons contesting the elections of

a Local Council as one group bearing the same name;

"population of a locality" means the population, published by the

Minister responsible for statistics in terms of article 73;

"President" means the President of the Republic;

"private road" shall have the same meaning assigned to it in article 2

of the Agency for Infrastructure Malta Act;

"public body" includes a corporation set up by an Act of

Parliament, any agency that may be set up by the Government and

any limited liability company in which the Government of Malta

has a controlling interest;

"public officer" shall have the same meaning assigned to it by

article 124 of the Constitution;

"public service" shall have the same meaning assigned to it by

article 124 of the Constitution;

"Regional Council" shall have the same meaning as assigned to it in

the Regional Councils Regulations;

"resolution" means a motion which was discussed and approved

during a Local Council or Regional Council meeting, and which is so

registered in the minutes of the same meeting;

"road" shall have the same meaning assigned to it under article 2 of

the Agency for Infrastructure Malta Act and for the purposes of this

Act, where applicable, it shall also include any local road, alley,

square, bridge, shore front, quay, or other place of public passage or

access;

"structure plan" has the meaning assigned to it by articles 44 and

72 of the Development Planning Act.

PART II

Constitution of Local Councils

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Second Schedule * — LOCAL GOVERNMENT ACT Open official source

Amended by

L.N. 87 of 1998;

(Article 2)

XXI. 1999.38;

XVI. 2009.44.

Localities and their Boundaries

*See Maltese text.

L O C AL GOVERNMENT

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 3 Establishment of Local Councils. — LOCAL GOVERNMENT ACT Open official source

(1) Every locality shall have a Local Council which shall

have all such functions as are granted to it by this Act.

(2) The Local Council shall be a statutory local government

authority having a distinct legal personality and capable of entering

into contracts, of suing and being sued, and of doing all such things

and entering into such transactions as are incidental or conducive to

the exercise and performance of its functions as are allowed under

this Act

Provided that the Council shall not have the power to

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(a) borrow or lend any monies except with the authority in

writing of the Minister with the concurrence of the

Minister responsible for finance;

(b) enter into any form of commercial partnership in

furtherance of its functions or otherwise, unless

authorised to do so in writing by the Minister;

(c) delegate any of its functions in a manner other than

that established by or under this Act;

(d) a Local Council may enter into public private

partnerships both with the private sector or with non-

governmental organisations, following approval by the

Director who shall grant such approval after evaluating

the request, and after having obtained the approval of the

Minister responsible for Finance and of the Minister

responsible for Local Government.

(2A) The Minister shall, after agreement with the Association,

draw up a written policy regarding Local Government. No decision

taken by a Local Council shall go against that established policy.

(3) Changes in the boundaries of localities shall be made only

in exceptional circumstances and only by the Electoral

Commission, after consultation with the Minister, the Local

Coun cils concerned and, wherever possible, w ith the l ocal

residents. The Electoral Commission shall effect such changes

through a legal notice in the Gazette.

(4) Any such change shall be effected in the Electoral Register

or in the European Union Electoral Register, as the case may

require, and, for the purposes of article 55, such change shall have

effect from the first day of April of the year following such change.

(5) Each locality shall be referred to by the name as designated

in the Second Schedule and any reference to that locality shall be

by the name so designated.

(6) A Local Council proposing to finance a project by means of a

loan, shall submit its proposal for the approval of the Minister.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 3A Work plan. — LOCAL GOVERNMENT ACT Open official source

By not later than three months from the start of the working

of the legislature, a public meeting shall be summoned wherein the

Council’s Work Plan shall be discussed. For this purpose, an invite

shall be sent in every residence and the meeting shall be held in a

suitable place.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 3B Candidature of sixteen (16) year old persons. — LOCAL GOVERNMENT ACT Open official source

Persons who attain sixteen (16) years of age shall have the

right to contest local council elections.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Third Schedule — LOCAL GOVERNMENT ACT Open official source

Amended by

XXI. 1999.3, 41;

(Articles 5, 8, 9, 23)

XVI. 2003.24;

I. 2005.21;

L.N. 181 of 2006;

II. 2007.30;

XXI. 2007.8;

L.N. 425 of 2007;

L.N. 426 of 2012;

L.N. 36 of 2013;

L.N. 157 of 2014;

XXIV. 2015.53;

XIX.2018.19;

XI.2019.19.

Local Councils (Elections) Regulations, 1993

ARRANGEMENT OF REGULATIONS

Regulations

PART I.

General Provisions

1-6

PART II.

The Local Councils’ Electoral Register

7-14

PART III.

Election Notice, Voting Documents and Ballot Papers

15-21

PART IV.

Nomination of Candidates

22-25

PART V.

Assistant Commissioners

26-29

PART VI.

Voting

30-47

PART VII.

Voting in Retirement Homes and Hospitals

48-52

PART VIII.

Counting of Votes

53-62

PART IX.

Ballot Paper Account Reconciliation

63-71

PART X.

Counting and Sorting of Votes

72-87

PART XI.

Casual Vacancies

88-92

PART XII.

Illegal Practices

93-103

PART XIII.

Corrupt Practices

104-108

PART XIV.

Excuse for Corrupt and Illegal Practices

109-111

PART XV.

Grounds for Avoiding Elections

112-113

PART XVI.

Publication of Results in each Locality

114-116

PART XVII.

Penal Provisions

117-122

PART XVIII.

Saving as to Right of Political Parties

123-124

SCHEDULES

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 4 Constitution of the Council. — LOCAL GOVERNMENT ACT Open official source

(1) The number of councillors for each locality shall be

determined by the following criteria

(a) in the case where the population of a locality is under

five thousand, the number of councillors shall be five;

(b) in the case where the population of a locality is five

thousand and over but less than ten thousand, the

number of councillors shall be seven;

(c) in the case where the population of a locality is ten

thousand and over but less than fifteen thousand, the

number of councillors shall be nine;

(d) in the case where the population of a locality is fifteen

thousand and over but less than twenty thousand, the

number of councillors shall be eleven; and

(e) in the case where the population of a locality is twenty

thousand or more, the number of councillors shall be

thirteen.

(2) For the purposes of sub-article (1), the population of a

locality shall be as defined in article 2 and as published prior to the

election of a Local Council.

(3) The Council shall be presided by a Mayor to be elected in

accordance with the Seventh Schedule.

(4) A Deputy Mayor shall also be elected in accordance with

the Seventh Schedule. The Deputy Mayor shall preside in the

absence of the Mayor.

(5) For the purposes of sub-article (1) article both the Mayor

and the Deputy Mayor shall be deemed to be councillors.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
First Schedule — LOCAL GOVERNMENT ACT Open official source

Form of Oath of Office to be taken by the Electoral

Commissioners

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 5 Persons entitled to vote. — LOCAL GOVERNMENT ACT Open official source

(1) Every citizen of Malta who, after the publication of the

last revised Local Councils electoral register, attained or shall

attain the age of sixteen years up to the day and including the day

preceding the 2015 elections, and who has not been convicted of

any offence connected with the election of members of Local

Councils shall be entitled to vote in elections of the Local Councils.

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

European Union who, after the publication of the last revised

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

Kingdom nationality, who attained or shall attain the age of sixteen

years and who has not been convicted of any offence connected with

the election of members of Local Councils shall be entitled to vote in

election of the Local Councils.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Second Schedule — LOCAL GOVERNMENT ACT Open official source

Form of Application for a Person who is not a Citizen of Malta

for Registration as a Voter for Local Councils

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 6 Special Register. — LOCAL GOVERNMENT ACT Open official source

Repealed by Act XVI. 2003.24.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Third Schedule — LOCAL GOVERNMENT ACT Open official source

Form of Corrections or Transfers (Local Councils) for a

Person who is not a Citizen of Malta

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 7 Persons entitled to vote in a particular locality. — LOCAL GOVERNMENT ACT Open official source

The persons entitled to vote at an election of Local

Councils shall be the persons who are registered as voters in that

part of the Electoral Register or the European Union Electoral

Register which relates to the locality for which local councillors are

to be elected.

L O C AL GOVERNMENT

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Schedule Three-A — LOCAL GOVERNMENT ACT Open official source

The Local Council Elections (Electronic Counting and Sorting)

Regulations, 2019

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 8 Election of councillors. — LOCAL GOVERNMENT ACT Open official source

(1) The elections of councillors shall be held every five years

by means of the system of proportional representation using the single

transferable vote, and this by means of manual voting as well as

electronically

Provided that

(a) the first elections of councillors to be held after the

11th April, 2015 shall be held in the year 2019 and

shall, as much as possible, be held on the same day as

the election of members of the European Parliament

held in terms of the European Parliament Elections

Act;

(b) all councillors who are in office immediately after the

publication of the result of the elections of councillors

held on the 11th April, 2015 shall, even if they have

been elected at an election other than that held on the

11th April, 2015, remain in office until the holding of

the next elections of councillors in terms of this

proviso;

(c) where at any time prior to the holding of elections of

councillors in 2019 a local council is dissolved an

election of councillors shall be held in the locality of

any such dissolved council prior to 2019

notwithstanding the provisions of paragraph (a) of this

proviso

Provided further that the Prime Minister may postpone the

election of Local Councils or the election of councillors to be held

following the dissolution of a Local Council by a period of not

more than one year if during that period an election for Members of

the European Parliament, the General Election or the referendum is

due to be held, and this solely in order that the Local Councils

elections may be held on the same day as the election for the

European Parliament or the General Election.

(2) The conduct of the elections shall be the sole responsibility

of the Electoral Commission which shall conduct such election and

count the votes cast in accordance with the provisions of the Third

Schedule.

(3) If no candidates are nominated to contest the election of a

Local Council in accordance with the Third Schedule, the Minister

shall appoint a Committee of Management chaired by the President of

the Association or his representative, which shall perform all such

duties as are competent on the Council until a new Council is elected

Provided that the Electoral Commission shall, at a date

determined by the Minister, but in any case within twelve months

of the date on which the election was due to be held, hold an

election for a new Council

Provided further that any new Council shall serve for such

term of office as would have been served by any councillor who

would have been elected in the election for which no candidates

had been nominated.

(4) Whenever, in accordance with the Third Schedule, a co-

option has to be effected, such co-option shall be made by the

e l e c t e d c o un c i l lo r s a t t h e i r fi r s t si t t i n g a n d , i f a p p l i c a b le ,

immediately after having elected the Mayor and Deputy Mayor.

(4A) The eligibility and qualifications criteria established for the

election of a member of a Council under articles 11 and 12 shall

also apply to a person nominated for co-option.

(4B) When a member is so co-opted to the Council the Executive

Secretary shall cause the name of such Councillor to be published

in the Gazette.

(4C) The provisions of this Act shall apply to co-opted

C o u n c i l l o r s i n t h e s a m e m a n n e r t h a t t h e y a p p l y t o el e c t e d

Councillors.

(5) If elections for councillors are due to be held within four

months of the holding of general elections, European Parliament

elections or referenda, the election of councillors may be postponed

or brought forward to a date determined by the Minister, but in any

case not later or earlier than four months of the holding of such

general elections, European Parliament elections or referenda

Provided that, in the event that the elections are so

postponed or brought forward, the term of office of councillors in

office at the time of such postponement or bringing forward shall

be extended or reduced by the same period by which the elections

are postponed or brought forward and that of the councillors

subsequently elected shall be reduced or extended by the same

period by which the term of office of the previous councillors has

been extended or reduced.

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

the European Parliament.

(7) The councillors whose mandate expires on 31 May 2019 shall

have their mandate extended till 30 June 2019, and the councillors

elected in the elections held on 25 May 2019 shall assume office as from

1 July 2019.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Fourth Schedule — LOCAL GOVERNMENT ACT Open official source

Form of Application for a Person who is not a Citizen of Malta

for the Correction of Designation or Address (Local Councils)

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 9 Casual vacancies. — LOCAL GOVERNMENT ACT Open official source

Whenever a casual vacancy occurs in the membership of a

Local Council, written notification of such vacancy shall be sent to

the Minister and to the Chief Electoral Commissioner by the

Executive Secretary within two working days after the vacancy has

occurred, and a casual election to fill the vacancy shall be held in

accordance with the provisions of the Third Schedule on a day to be

fixed by the Electoral Commission being not more than thirty days

after the date on which such vacancy has occurred

Provided that if a casual vacancy occurs as aforesaid within

three months before the expiration of the term of office of the

Council, no casual election shall be held and the Council shall be

deemed to be fully constituted for the purposes of this Act.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Fifth Schedule — LOCAL GOVERNMENT ACT Open official source

Form of Application by Female Electors who are not Citizens

of Malta for the Correction of Surname and Address in

consequence of Marriage (Local Councils)

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 10 Vacancy not to invalidate proceedings. — LOCAL GOVERNMENT ACT Open official source

Until such time as a casual vacancy is duly filled, the

Council shall be deemed to be fully constituted for the purposes of

this Act and any proceedings, actions and decisions of the Council

L O C AL GOVERNMENT

shall be deemed valid.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Sixth Schedule — LOCAL GOVERNMENT ACT Open official source

Form of Notice by the Electoral Commission

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 11 Eligibility for Election as councillors. — LOCAL GOVERNMENT ACT Open official source

A person shall be qualified to be elected as a member of

any Council if such person is registered as a voter in the Electoral

Register or the European Union Electoral Register

Provided that no person may contest the election of more

than one locality in any local election

Provided that in the case of public officers, Public Service

Management Code may from time to time restrict any class or

classes of public officers from contesting the elections for

councillors and that for the purposes of this proviso "Public Service

Management Code" means the body of regulations from time to

time applicable in the public service.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Seventh Schedule — LOCAL GOVERNMENT ACT Open official source

Form of Voting Document

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 12 Persons not qualified to stand for Council. — LOCAL GOVERNMENT ACT Open official source

No person shall be qualified to stand for election as a

member of a Council or to remain a member thereof if

(a) he is a member of the House of Representatives or of

any similar institution in another Member State of the

European Union;

(aa) he is a member of the European Parliament;

(b) he is a member of any disciplined force as defined in

article 47(1) of the Constitution of Malta;

(c) (deleted by Act I. 2005.6);

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

which elections are to be held or Executive Secretary in

any one of the Local Councils or Regional Councils;

(e) he is a person who holds any office the functions of

which involve any responsibility for or in connection

with the conduct of any election of members of the

Council or the compilation of or revision of any

electoral register;

(f)

he is an undischarged bankrupt having been adjudged

or otherwise declared bankrupt under any law in force

in Malta;

(g) he is interdicted or incapacitated for any mental

infirmity or for prodigality by a court in Malta, or is

otherwise determined to be of unsound mind;

(h) he is serving a sentence of imprisonment (by whatever

name called) exceeding twelve months imposed on

him by any court in Malta;

(i)

he is a member of the judiciary;

(j)

he is disqualified from membership of the Council by

or under this Act or any other law for the time being in

force in Malta

Provided that no councillor shall remain in office if at any time

during his term of office he is elected or chosen as Councillor of any

other Local Council or of any similar institution in any other member

Provided further that in the event of any of the circumstances

mentioned in this article, the Minister shall be informed and shall

declare the office as vacant.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Eighth Schedule — LOCAL GOVERNMENT ACT Open official source

Form of Ballot Paper

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 13 Councillor ceasing to be qualified to stand for Council. — LOCAL GOVERNMENT ACT Open official source

(1) No councillor duly elected shall without his consent be

transferred by Government or otherwise placed in a position which

disqualifies him from holding the office of councillor, Mayor or

Deputy Mayor.

(2) If a councillor ceases to be qualified by reason of any

provision of this Act, he shall thereupon cease to be a member and

the provisions of article 9 shall apply.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Ninth Schedule — LOCAL GOVERNMENT ACT Open official source

Form of Nomination Paper

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 14 Term of office of councillors. — LOCAL GOVERNMENT ACT Open official source

(1) Elected councillors shall hold office from the first day

of the month immediately following their election, provided that

councillors elected or co-opted to fill a casual vacancy shall hold

office from the day they are so elected or co-opted, and they shall

remain in such office until the expiration of the term of the Council

or until such time as the councillor shall have resigned or shall have

b e e n r e m o v e d f r o m o ff i c e b e f o r e t h e l a p s e o f t h e t e r m o r

disqualified from remaining in office in accordance with this Act.

(2) Elected councillors shall, on the termination of their term of

office, if otherwise qualified, be eligible for re-election.

(3)

The term of office of any person -

(a) elected or co-opted to fill a casual vacancy in a

Council; or

(b) elected or co-opted to a Council where that Council’s

election had been, in whole or in part, postponed for

any reason,

shall be the remaining period of the term of office stipulated in

article 8.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Tenth Schedule — LOCAL GOVERNMENT ACT Open official source

Form of Oath to be taken by Principal Assistant Electoral

Commissioners and Assistant Electoral Commissioners

ELEVENTH SCHEDULE Form of Oath which an Assistant Commissioner may

administer to a Voter

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 15 Penalty for unqualified persons acting as councillors. — LOCAL GOVERNMENT ACT Open official source

(1) A councillor shall be liable to a fine (ammenda) of two

hundred euro (€200) for every occasion on which he attends a

Council meeting knowing or having reasonable grounds to believe

that he is disqualified or acting as councillor when his seat has

become vacant

Provided that the Minister may, from time to time, by notice

in the Gazette specify higher penalties which in no case shall

exceed a fine (ammenda) of two thousand euro (€2,000) for each

occasion.

(2) The fine (ammenda) contemplated in sub-article (1) shall be

recoverable by the Minister as a civil debt and paid into the

Consolidated Revenue Fund.

(3) A councillor acting in the manner contemplated in sub-

article (1) shall be liable to refund any sums disbursed by the

Council or any other body on his behalf, or benefits acquired in

connection with his office from such time when the cause for

disqualification arises.

(4) The foregoing sub-articles of this article shall be applied

and construed without prejudice to any criminal action which may

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be taken by the competent authorities.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Twelfth Schedule — LOCAL GOVERNMENT ACT Open official source

Declaration of Result of Poll

THIRTEENTH SCHEDULE Return of Election Expenses

FOURTEENTH SCHEDULEForm to be affixed in each Polling Booth

L O C AL GOVERNMENT

PART I

General Provisions

1. These regulations may be cited as the Local Councils

(Elections) Regulations, 1993.

2. (1)

In these regulations, unless the context otherwise

requires

"Act" means the Local Government Act;

"Commission" shall mean the Electoral Commission established

by article 60 of the Constitution;

"election" means an election for Local Councils;

"Electoral Office" means the Electoral Office established by

article 11(1) of the General Elections Act;

"House" means the House of Representatives established by the

Constitution;

"an identification document" means a document which is an

identification document for the purposes of the Identity Card and

other Identity Documents Act;

"Local Council" shall mean the Local Councils established by

the Local Government Act;

"political party" shall, for the purposes only of regulation 6,

mean any person or group of persons who, having contested the

general elections for members of the House of Representatives

under one name, is represented in the House by at least one

member, and in all other cases "political party" shall mean any

person or any group of persons contesting the election of a Local

Council as one group bearing the same name provided that the

rights and obligations of such party shall be limited to the election

of the Local Council for which such party is contesting;

"polling booth" means the room wherein voters attend on the day

of the poll to receive and mark a ballot paper and insert the same in

a ballot box;

''polling day" means the proper day established for voting in the

Notice referred to in regulation 15;

"polling place" means the school, building or other complex or

structure wherein one or more polling booths are situated and shall

include the grounds, if any, of such complex or structure;

"the first voting day" means the Saturday before polling day

when advanced voting takes place according to the particular

provisions of this Act, by voters being abroad or who shall be

recovered in a hospital on polling day, by residents in homes for the

elderly, by members of the Commission and by residents of the

Corradino Correctional Facility;

"the second voting day" means the Tuesday before polling day

when voting takes place according to the particular provisions of

this Act, by voters who are assigned as Assistant Electoral

Commissioners;

"the third voting day" means the Thursday before polling day when

voting takes place according to the particular provisions of this Act, by

voters recovered in hospitals;

"voting document" means the voting document which is to be

forwarded to voters in terms of regulation 17.

(2) Whenever by these regulations a penalty is attached to the

performance of any act "before, during or after", an election, no

account shall be taken of anything done earlier than

(a) in the case of any election held in consequence of the

dissolution of the Local Council in terms of article 22

of the Act, the issue of the notice setting the date of the

election;

(b) in the case of any election held in consequence of the

expiry of the term of the Local Council in terms of

article 8 of the Act, three months before the date of

such expiry.

3. Where any period of time prescribed by any of the

provisions of these regulations for carrying into effect any

procedure is, in the opinion of the Electoral Commission,

insufficient for the purpose, the Electoral Commission may, by

notice published in the Gazette, extend such period as it may deem

necessary.

4. The commissioners shall, on their appointment, take before

the Attorney General the oat h of off ice set out in the First

Schedule.

5. (1) In the execution of their duties under these regulations,

the commissioners shall, in the absence of any express provision

contained in these regulations, do all such things as appear to them

to be necessary for the performance of their duties.

(2) In the execution of their duties under these regulations, the

commissioners shall have the powers conferred by law on the

Courts of Magistrates for the purpose of enforcing order at their

sittings and ensuring the respect due to them.

6. (1) Every political party shall have the right to nominate

two delegates (hereinafter referred to as the "party delegates") to

the Commission.

(2) Party delegates shall represent the political party

nominating them with the Commission and shall have the right in

general to be informed of all sittings of the Commission and

decisions taken thereat.

(3) The party delegates shall notwithstanding the provisions of

any other law, have full and free right of access to the Electoral

Office, to all records kept therein and to check, verify and obtain

any information regarding the work of the Electoral Office;

provided that the Commission shall have the right to nominate an

official of the Commission to accompany such delegates at all

times.

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(4) The party delegates shall continue in office until removed

by the political party nominating them.

(5) Party delegates shall have the right to seek and obtain from

the commissioners as well as from any other official connected

with the running, supervising or security of the elections or of any

aspect thereof, information showing whether or not such persons

are taking adequate measures to comply with the provisions of

these regulations in the forthcoming elections, and the

commissioners or such other persons shall, notwithstanding any

other law or regulation, be bound to furnish such information

immediately.

(6) Notwithstanding any provision in these regulations granting

party delegates and political parties the right to seek and obtain

information or their right to be given copies of documents and lists

by the Commission or by government departments, such right shall

not include the right of access to medical records or to adoption

records of voters and the right to be made aware prior to the day of

the poll of security features relating to ballot papers, voting

documents and the official mark used by the Commission on ballot

papers. Where the in formatio n, documents or lists are of a

confidential nature the party delegates shall have the same

obligations as to secrecy as the person from whom such

information, documents or lists are obtained.

(7) Party delegates shall have the right to ask that information,

documents and lists which the Commission should forward to them,

be forwarded in such electro-magnetic format as the Commission

can reasonably supply through the use of its equipment.

PART II

The Local Councils’ Electoral Register

Regulations 7 to 14 were revoked by Act XXI.1999.41

PART III

Election Notices, Voting Documents and Ballot Papers

15. (1) Whenever an election is to be held, the Electoral

Commission shall issue a Notice, hereinafter referred to as "the

Notice" in the form set out in the Sixth Schedule.

(2) The Commission shall issue such Notice at least thirty-five

days before the day fixed for the election and shall cause it to be

published in the Gazette.

16. Within three days of the publication of the Notice, the

commissioners shall further cause a notice or notices to be

published in the Gazette stating

(a) the website and/or manner in which candidates may submit

their nominations electronically; the place where, and

date and time when, the commissioners will be in

attendance to receive nominations of candidates for

election as councillors, and any objections to such

nominations, such place being referred to in the

General Elections Act as the Electoral Office. The

time during which nominations of candidates for

election may be made shall be five days and shall not

commence to run before six days from the date of the

publication of the notice referred to in this regulation,

and the time during which objections to such

nominations may be made shall be one day from the

expiration of the time fixed for the receipt of

nominations;

(b) the places where, and the days and hours when voting

shall be held. Voting shall not take place before the

expiration of three days from the date of the

publication of the notice referred to in regulation

24(3);

(c) the place to which the ballot boxes shall be taken by

the assistant commissioners after the close of voting,

which shall also be the place where the Commission

shall store the ballot boxes and count the votes cast,

such place being, as far as practicable, in the locality

itself and, if possible, the place used as the polling

place or one of the polling places in that locality;

(d) the date and time when the ballot boxes shall be

opened and the counting of votes shall take place.

(e) whether the Commission has decided to use an

Electronic Counting System

Provided that a published decision to use an Electronic

Counting System shall not operate so as to prevent the

Commission, in its considered opinion, from rescinding or

retracting at any time, its decision to use an Electronic

Counting System to revert to the manual system as

outlined in Schedule Three.

17. (1) Within nineteen days of the publication of the Notice, the

Commission shall forward to each voter, whose name appears in

the last revised Local Councils’ Electoral Register, a document

hereinafter referred to as the "voting document" in the form set out

in the Seventh Schedule and made of such material and in such

manner as in the opinion of the Commission provides adequate

security against forgery. Voting documents shall be numbered

consecutively, each document having such distinctive number

stamped on the face of it

Provided that wherever the Commission is satisfied that a

person whose name appears on the Local Councils’ Electoral

Register is dead, the relative voting docum ent shall not be

L O C AL GOVERNMENT

forwarded, and where such voting document has been forwarded

the Commission shall withdraw it

However the voting documents of the persons listed in the list

of residents of the Corradino Correctional Facility according to

regulation 48A(3)(d) shall be kept by the Commission and shall be

distributed to the voting residents in the mentioned Facility on the

polling day established in regulation 48(4)(d)(ii)(cc)

Provided further that the Commission shall not forward a

voting document to any voter in respect of whom the Commission

does not possess a photograph, and in respect of such voters the

Commission shall follow the following procedure

(i)

within three days of the publication of the Notice,

the Commission shall publish in the Gazette a

list of the said voters stating their name,

surname, place of residence and a legally valid

identification document number;

(ii) the names of such voters shall not be published

in the list mentioned in sub-regulation (5);

(iii) the voting document of such voters shall only be

issued if the voter satisfies the requirements of

regulation 18 and shall be in accordance with the

provisions of that regulation.

(2) The political parties shall be granted all reasonable

facilities to watch the printing of all voting documents, to check the

e xa c t n e s s t h e r e o f a n d g e ne r a l l y t o e ns ur e t h a t on l y v o t in g

documents of voters entitled to receive them are printed.

(3) The voting documents printed in accordance with the

previous paragraph of this regulation shall, until such time as they

are forwarded to voters, be kept in boxes sealed with the seal of the

Commission. The party delegates shall have the right to affix their

own seals to such boxes and to be present whenever such seals are

broken. This regulation shall mutatis mutandis also apply with

regard to the voting documents which remain undistributed, in

terms of sub-regulation (4), when voting documents are issued in

terms of sub-regulation (6), and to the voting documents which

remain undistributed.

(4) The voting document shall be served on each voter by

registered post so however that in urgent or exceptional cases, the

Electoral Commission may order that any or all voting documents

shall be served by a police officer or any other person approved for

the purpose by the Commission.

(4A) (a) Any voter who is registered as a voter in Gozo may, in

the period of ten days after the publication of the Notice, inform in

writing the Commission that such voter desires that his document is

collected by himself from the office of the Commission in Malta in

the period starting from when undelivered voting documents can be

collected in terms of sub-regulation (6) up to the Thursday before

polling day.

(b) In such event the Commission shall, unless such voting

document had already been delivered prior to the receipt of such

request, ensure that such voting document is withheld or retrieved,

and made available for collection by the voter personally from the

office of the Commission in Malta on the days appointed for

collection in terms of this sub-regulation.

(c) Any voter who is registered as a voter in Malta may, in

the period of ten days after the publication of the Notice, inform in

writing the Commission that such voter desires that his document is

collected by himself from the office of the Commission in Gozo in

the period starting from when undelivered voting documents can be

collected in terms of sub-regulation (6) up to the Thursday before

polling day.

(d) In such event the Commission shall, unless such voting

document had already been delivered prior to the receipt of such

request, ensure that such voting document is withheld or retrieved,

and made available for collection by the voter personally from the

office of the Commission in Gozo on the days appointed for

collection in terms of this sub-regulation.

(e) The Commission shall keep a written record of all

requests made by virtue of this sub-regulation and shall provide the

parties with a list of such requests received, with such list being

supplied first within two days after the publication of the Notice

and updated every two days thereafter.

(f) Any voter, who is registered as a voter in Malta or

Gozo, may request the Commission to retrieve such voting

document from either Malta or Gozo, as the case may be. Such

requests shall reach the Commission before 6.00 p.m. of the

Thursday before polling day in terms of sub-regulation (6).

(5) When the commissioners are unable to effect service of the

document aforesaid they shall as soon as possible, and in no case

later than six days from the time established in sub-regulation (1),

publish in the Gazette a list containing the names, a legally valid

identification document number and addresses of the persons on

whom the voting document has not been served, and shall state the

reason why service has not been effected.

(6) Any person on whom the voting document has not been

served and whose name appears in the list published in accordance

with the preceding paragraph, may up to the Thursday immediately

preceding the day of the voting, appear personally before one of the

commissioners or any other person delegated by them and claim

delivery of the document

Provided that the document aforesaid shall not be delivered

to him unless he produces his legally valid identification document

to the commissioners or the person delegated by them.

(7) Any of the commissioners or other person delegated by

them may examine on oath any person for the purpose of

ascertaining his identity and of establishing his claim to receive the

document.

L O C AL GOVERNMENT

18. Where a person whose name appears in the last revised

Local Councils’ Electoral Register, but not in the list published

under regulation 17(5), has not received the voting document or,

after the receipt of such document, has lost or destroyed such

do cument, such p erso n m ay not later t han 9.00 p.m. of the

Wednesday immediately preceding the commencement of voting,

appear before one of the commissioners, and if -

(a) he proves his identity by the production of his legally

valid identification document; and

(b) makes a declaration on oath before any such

commissioner that he has not received the voting

document or that, after the receipt of such document,

he has lost or destroyed it, and such further

declarations on oath as the commissioner may require,

he shall be given a voting document issued specially for the

purpose; and in any such case

(i)

the name of such person appearing on the list

referred to in regulation 34(1) shall be marked

"SPECIAL"; and

(ii) a list of all the persons to whom a voting

document is issued under this paragraph shall be

kept at the Electoral Office and shall be open to

inspection by any candidate, party agent or party

delegate at all reasonable times until the poll

closes.

19. (1) Not later than the Friday before the start of the poll,

the commissioners shall cause to be published in the Gazette a list

indicating the number of voting documents printed, the number

distributed in terms of regulation 17(1), the names and addresses of

the persons who up to that time have claimed delivery thereof in

terms of regulation 17(6), the number of voting documents issued

in terms of regulation 18 and the name, address and a legally valid

identification document number of the persons to whom such

documents have been delivered, the number and reasons for voting

documents withheld and the names, addresses and the legally valid

identification document numbers of the voters concerned and the

number of voting documents remaining uncollected and the names,

addresses and the legally valid identification document numbers of

the voters concerned.

(2) Any political party shall have the right to nominate

representatives to be present during the issuing of the voting

documents in terms of regulation 17(6) and regulation 18 and for

this purpose the said parties shall be provided by the Commission

with all such information as is required by them and as they may

deem necessary for the better performance of their duties.

20. (1) Two days prior to the commencement of voting, the

Commission shall cause to be published in the Gazette the number

of ballot papers printed for each locality and the number to be

distributed to each individual polling booth.

(1A) The Commissionshall not earlier than twenty-one days but not

later than ten days before the poll print according to the Eighth Schedule

such number of ballot papers as may be necessary for the poll in such

form and on such material as may be provided for in this Act. This does

not apply to the printing on the rear of ballot papers according to

Schedule 8A. Not later than five days from the printing of the ballot

papers, the Commission shall produce a Braille template for use as

a guide on the ballot paper as well as a playback listening device,

by which a blind person may recognize the political parties and

their candidates in the same manner as they are printed, and such

documents and materials shall be available for reasonable scrutiny

by the representatives of the political parties contesting the poll to

ascertain the transparency of the procedure, which scrutiny shall be

exercised not later than five days before the first poll. Should no

objection be raised the materials shall be deemed to have been

approved by the Commission

Provided that any objection raised by the political party

representatives shall be decided upon by the Commission within

twenty four hours of it being raised and should the objection be

accepted by the Commission any alteration or amendment to the

materials shall be made within twenty-four hours of the decision of

the Commission and communicated to the political party

representatives.

(2) The Commission shall ensure as far as is practically

possible that ballot papers are made of such security paper and

carry such markings as to ensure that they may not be duplicated,

and not later than two days prior to the commencement of the

v ot i n g , t h e C om m i s s i o n s h a l l c a u s e t o b e p ub l i s h e d i n t h e

Government Gazette the number of ballot papers printed for each

electoral division and the number to be distributed to each

individual polling booth.

(3) The ballot paper of each voter shall consist of a paper in the

form set out in the Eighth Schedule, containing a list of candidates

described by the name (including any nickname), address and

profession or occupation as given in their respective nomination paper

and with the facial image of each candidate taken in black on a white

background and as approved by the Electoral Commission. The

photograph shall be submitted to the Commission by electronic means

by the fifth day after the established time for objections to a nomination.

In the case where the candidate does not conform himself, the

Commission shall be authorised to use the photograph which the

candidate has on his identity card.

(4) Within each locality candidates shall be arranged by

political party and, within each party group alphabetically in the

order of their surname. If there are two or more candidates of one

party with the same surname, they will be arranged in order of their

other name or names.

(5) Every political party contesting the election shall provide

the Commission with the names of the candidates contesting the

election in its own interest in each locality. The list shall be

conclusive evidence as to whether a particular candidate belongs to

that political party and such list shall be delivered to the Commission

L O C AL GOVERNMENT

by the last day of the day fixed for the receipt of nominations.

(6) If supplied by the party to which he belongs, there may be

printed on the ballot paper immediately preceding the name of each

candidate belonging to that party any badge or device, approved by

the Electoral Commission, indicating the political party, if any, to

which the candidate belongs, or otherwise calculated to assist the

identification of the candidate by the voter.

(7) Parties will be placed on the ballot paper in alphabetical

order.

21. (1) On the day or days as near as practicable to the day of

voting, the Commission shall prepare in different packets the ballot

papers and all other documents and materials to be consigned to the

assistant commissioners on polling day.

(2) The Electoral Commission shall retain possession of all

packets until the day of the poll when it shall deliver the same to

the assistant commissioners prior to the start of voting.

(3) Representatives of the political parties shall be granted all

reasonable facilities to oversee the printing and checking of all

ballot papers, the packing thereof and their distribution to the

assistant commissioners, and to affix their seals to all packets

prepared by the Electoral Commission for delivery to the assistant

commissioners.

PART IV

Nomination of Candidates

22. (1) A candidate for election shall be nominated in writing

or by electronic means

(a) where a candidate is nominated in writing, the

nomination paper, which shall be in the form set out in

the Ninth Schedule, shall be signed by the candidate

himself, (or, in the event of his absence from Malta, by

a duly appointed representative), and by, at least, four

voters registered in the locality for which the

candidate is nominated. The nomination paper shall be

delivered to one of the Commissioners at the Electoral

Office by the candidate himself or if he is prevented by

illness or absence from Malta by his lawful

representative within the period specified in the notice

referred to in regulation 16;

(b) where a candidate is nominated by electronic means,

the nomination form, which shall be in the form set out

in the Ninth Schedule to this Act, shall be filled in

through a website prepared for that purpose by the

Commission which nomination shall be electronically

signed by the candidate. The nomination will also

include an attestation to the nomination by at least four

voters registered in the electoral division for which the

candidate is nominated, which attestation shall be

provided through the said website in the manner and

form established by the Commission. The nomination

is to be submitted within the period specified in the

notice referred to in regulation 16.

(2) Immediately after a nomination has been delivered to the

Commission the name of the candidate shall be shown at the

entrance of the Electoral Office with an indication of the locality

for which the candidate was nominated.

(3) Objections may be made to a nomination on the ground that

the description of the candidate is insufficient to identify the

candidate, that the nomination does not comply with, or was not

delivered in accordance with the provisions of the Act or of these

regulations or that the deposit prescribed by regulation 23 has not

been paid

Provided that no such objection may be made after the

expiration of the time fixed for the making of such objection in the

notice referred to in regulation 16.

(4) Every objection shall be in writing and signed by the

objector and shall specify the ground of the objection. The

Commission itself may lodge an objection.

(5) The Commissioners shall, not later than two days following

the expiration of the time fixed for the receipt of objections, decide

on the validity of every objection and inform the candidate to

whose nomination the objection relates or his lawful representative

of their decision and, if the objection is allowed, of the ground of

their decision. The decision of the commissioners, if disallowing an

objection, shall be final, but if allowing an objection shall be

subject to appeal to the Court of Appeal by sworn application filed

in contestation with the commissioners not later than twenty-four

hours after the Commission has communicated its decision to the

candidates and the Court of Appeal shall deal with such sworn

application with the utmost urgency.

(6) For the purpose of this regulation, any voter may ask the

commissioners to be allowed to see and examine any nomination

paper accepted by them.

23. (1) A candidate at any election shall deposit, or cause to

be deposited on his behalf, with the Commission, before his

nomination can be accepted, the sum of ninety euro (€90), and if he

fails to d o so, the nominatio n shall not be accepted by the

commissioners

Provided that the Minister may, from time to time, by notice

in the Gazette specify a higher amount which in no case shall

exceed seven hundred euro (€700).

(2) If after the deposit is made the candidature is withdrawn in

pursuance of the provisions of these regulations, the deposit shall

be r eturned to th e person by whom it was made; and if the

candidate dies after the deposit is made and before the voting has

commenced, the deposit, if made by him, shall be returned to his

L O C AL GOVERNMENT

heirs and if not made by him, shall be returned to the person by

whom it was made.

(3) If a candidate who has made the required deposit is not

elected, and the number of votes polled by him does not exceed

one-tenth of the number of votes polled divided by the number of

councillors to be elected for that locality, the amount deposited

shall be forfeited and paid by the commissioners into the

Consolidated Fund but in any other case the amount shall be

returned to the candidate, where the candidate is elected, as soon as

he has taken the oath as a councillor, and where the candidate is not

elected, as soon as practicable after the result of the election is

declared.

(4) For the purpose of this regulation the number of votes

polled by a candidate shall be the highest number of votes credited

to him at any time during the counting of the votes.

24. (1) If at the expiration of the time fixed for the receipt of

nominations, the number of candidates nominated for a locality is

equal to or less than the number of councillors that the voters in

such locality are entitled to return, the commissioners shall declare

the candidates so nominated as elected councillors to represent that

locality and such return shall be published in the Gazette.

(2) If the number of candidates nominated for a locality is less

than that which the voters in that locality are entitled to return, the

Commission shall issue a new Notice for the election of councillors

to fill the remaining vacant seats in that locality, and if thereupon

no further candidates are nominated, or if the number of candidates

nominated is less than the number of vacant seats, the seats

thereafter remaining vacant may be filled by the co-option of a

councillor or councillors by the elected councillor or councillors of

the locality and the Commission shall not issue a new Notice in

respect thereof. The councillor or councillors so co-opted must

have the qualifications established in article 11 of the Act.

(3) If more than such number of candidates as aforesaid be

nominated for a locality, the commissioners shall cause a notice to

be published in the Government Gazette over their signature stating

the names of the candidates and the locality for which they have

been nominated. No person whose name has not been published in

the said notice may be elected as a councillor.

25. (1) A candidate may, up to fourteen days prior to polling day,

withdraw his candidature by giving notice to the Commission to

that effect. Such notice shall be signed by the candidate or if he is

absent from Malta, by his duly appointed representative.

(2) In the case when a candidate dies after the ballot papers

have been printed, the candidacy shall be deemed to remain valid

for all intents and purposes of the law. Provided that a candidate as

referred to in this sub-article may still be declared to be elected but

in such case the Commission shall, as soon as possible, give notice

of an election to fill the said vacancy.

25A. Any person who, having been given access to the images of

the Electronic Ballots together with their interpretation and/or the data

set containing the preferences of voters as shown in the Electronic

Ballots, uses the said data for any purpose other than that provided in

regulation 14(1) of Schedule Three-A or otherwise retains or fails to

remove the said data following the conclusion of the verification

process shall be guilty of the offence of threatening the secrecy of the

vote.

PART V

Assistant Commissioners

26. (1) Subject to the provisions of the following regulations

of these regulations the Commission shall appoint as many

assistant electoral commissioners hereinafter referred to as

"assistant commissioners" as may be necessary, to supervise the

election in the manner herein prescribed. No assistant

commissioner shall be appointed to supervise the poll in a locality

in which he resides, or in a locality bordering that in which he

resides or where he habitually works or exercises his profession or

calling.

(2) The Commission may appoint one official referred to as

"Polling Place Officer" for each polling place containing more than two

polling booths. This officer or officers who will have the exclusive role

of coordinator between the Electoral Commission and the

Chairpersons, nominated in accordance with regulation 27(4), to

follow instructions of the Commission and they shall in no way take

any decisions regarding any situations which may arise, which

decisions shall remain the exclusive responsibility of the Electoral

Commission.

(3) The assistant commissioners shall take the oath of office as

set out in the Tenth Schedule, before one of the commissioners and

shall follow the instructions which they may receive from the

Electoral Commission for the discharge of their duties.

27. (1) Every political party shall, within twelve days of

publication of the Notice, be entitled to nominate a number of

persons, equal to one and one-third the number of polling booths, to

act as assistant commissioners, and to the extent that such persons

have the necessary ability to perform the functions of assistant

commissioner and are not disqualified from so acting by the

provisions of these regulations, the Commission shall appoint

assistant commissioners from amongst such persons.

(2) The Commission shall moreover itself nominate as assistant

commissioners such number of persons as is necessary in order that

in each of the polling booths there be in attendance at all times at

least one person nominated by the Commission to act as assistant

commissioner.

(3) In no case shall there be less than three assistant

commissioners nominated to supervise the poll in each polling

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booth and should all or any of the political parties fail to nominate

all or any assistant commissioners in terms of and within the time

established in sub-regulation (1), the Commission shall itself

nominate other assistant commissioners in order to ensure that, at

least, three assistant commissioners are in attendance in each

polling booth.

(4) The Assistant Commissioner nominated by the Commission

shall act as Chairperson at the polling booth to which each group of

Assistant Commissioners are assigned and during voting only the

Chairperson shall, when required, communicate with the voters.

(5) For the purpose of the time established in sub-regulation

(1), the Commission shall not later than two days after the

publication of the Notice inform the parties of the number of

assistant commissioners that each party will be required to

nominate.

28. (1) A person shall not be an assistant commissioner if he

is a candidate for election to the Local Councils, or is a relative by

consanguinity or affinity up to the second degree to any candidate

for election, or is manifestly in the opinion of the Commission,

after consulting the party delegates, unsuitable to perform the

functions of assistant commissioner.

(2) Within two days following the day mentioned in regulation

27(1) the Commission shall deliver to the political parties a list of

all persons nominated to act as assistant commissioners indicating

their names, the legally valid identification document numbers,

addresses and occupation.

29. (1) The political parties, not later than four days after the

day mentioned in regulation 28(2), shall have the right to object in

writing to the Commission with respect to the appointment of any

person as assistant commissioner on any of the grounds mentioned

in regulation 28(1).

(2) Where an objection is received by the Commission in terms

of the preceding paragraph of this regulation, it shall, not later than

the next following day, call a meeting of the party delegates to

discuss such objections.

(3) Any objection made in accordance with the preceding

paragraphs shall be determined by the Commission. The

determination by the Commission shall be final and binding on all

concerned. Where after hearing such objections the Commission

determines that a person nominated by a political party to be

appointed as an assistant commissioner shall not be so appointed,

the political party which had nominated that person shall have the

right to nominate another person in his stead.

(4) The fresh nominations mentioned in the preceding

paragraph of this regulation shall be made immediately after the

determination of all the objections: The times mentioned in sub-

regulations (1) and (2) shall apply to objections to persons

nominated as assistant commissioners in terms of sub-regulation

(3), and if any objection is received and upheld by the Commission,

the Commission itself shall appoint another person to be assistant

commissioner in his stead and such appointment shall be final and

no objection may be made in respect thereof.

(5) Upon final determination of all objections the Commission

shall assign the assistant commissioners to the various polling

booths; such distribution shall be made in such manner as to ensure

that in each polling booth there is, at least, one assistant

commissioner nominated by the Commission and one assistant

commissioner nominated by each party contesting the election in

that locality

Provided that where a political party has not nominated a

sufficient number of persons to be appointed assistant

commissioners, the Commission shall only be required to assign, in

respect of that political party, such assistant commissioners as have

been nominated by it and appointed assistant commissioners.

(6) The Commission shall, within two days of the final

determination referred to in the preceding sub-regulation, cause a

list to be published in the Gazette showing the name, address,

identity card number and occupation of each assistant

commissioner appointed, the polling booths to which each has been

assigned, and indicating the assistant commissioners who are

assigned but held in reserve.

(7) After the final distribution of all assistant commissioners

and up to the end of voting, the Commission alone shall have the

right to substitute assistant commissioners and then only for grave

and sufficient reasons and in such manner as to ensure that where

the assistant commissioner substituted is one nominated by a

political party, his substitute shall be a person nominated by the

s a m e p a r t y, p r o v i d e d a s u f f i c i e n t n u m b e r o f a s s i s t a n t

commissioners have been nominated by that party.

PART VI

Voting

30. (1) Every political party shall have the right to nominate

as its agents such number of persons as is equal to the number of

ballot boxes and such persons are in these regulations referred to as

"party agents".

(2) The party agents so nominated shall have the right to be

present in the polling booths prior to the start and at the close of the

poll for the purposes provided for in these regulations.

(3) Political parties exercising the right granted to them by sub-

regulation (1) shall forward a list to the Commission containing the

names of the persons nominated by them as its agents not later than

the day appointed for the nomination of assistant commissioners in

terms of regulation 27.

(4) Notwithstanding anything contained in these regulations,

the political parties may nominate as party agents the same person

or persons whom they have nominated as assistant commissioners.

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31. No person shall be appointed party agent who has within

seven years previous to such appointment been found guilty of any

corrupt practice under these regulations or under the General

Elections Act, or is determined by the Commission to be manifestly

unsuitable to act as such.

32. (1) The Commissioners shall not later than seven days

before the start of the voting forward to such agent a tamper proof

identity document bearing the photograph of the agent franked with

the seal of the Commission and indicating the name, address and a

legally valid identification document number of the agent and by

whom he has been nominated. The identity documents as issued

shall be progressively numbered, shall be of a different colour so as

to easily distinguish election, transport and party agents and shall

be worn in a conspicuous manner by the agent concerned in the

exercise of his functions.

(2) The Commission shall forward to each political party which

asks for them in writing the lists of all agents submitted by all the other

political parties as well as all candidates’ agents submitted by the

candidates and by whom they have been nominated within two days of

the receipt thereof and the political parties may make objections

thereto within four days thereof.

33. (1) The Commission shall, whenever practical, provide

not more than one polling place for each locality and shall ensure

that, as far as possible, that polling place is within the locality. In

each polling place, the Commission shall provide as many polling

booths as possible.

(2) The Commission shall, as far as possible, provide facilities

so that handicapped persons, including persons in wheelchairs, may

vote in comfort.

34.(1)(a) In each polling booth a list of voters entitled to vote in

that polling booth together with copies of the

photograph of each voter shall be kept by the assistant

commissioners. Every page of such list and every

correction or cancellation thereon shall be signed by a

commissioner and a party delegate of each political

party, or persons nominated by them in writing.

(b) Copies of such lists without photographs shall be

forwarded by the Commission to all political parties

contesting the election at least fifteen days prior to the

day fixed for voting and the Commission shall keep

the political parties informed of all changes effected to

such lists. The lists shall identify the polling booth

where each voter entitled to vote shall exercise his

right to vote, shall list the voters who are to vote in

each polling booth in alphabetical order according to

the surnames of the voters, assigning to each voter a

distinct and consecutive number and indicating the

name, surname, address and a legally valid

identification document number of each voter as well

as the registered number of the respective voting

document of each voter.

(c) The name of every voter who delivers a valid voting

document and to whom a ballot paper is delivered by

the assistant commissioners shall be marked on such

list kept for the purpose by the assistant

commissioners and in such manner as is directed by

the Commission.

(2) Voting shall be held on a Saturday. Voting shall start at 7.00

a.m. and shall close at 7.00 p.m.

Provided that every voter who at the close of time of voting

is present in a polling place for the purpose of voting, shall be

entitled to receive a ballot paper and to vote

Provided further that, where the Commission are satisfied

that the time allowed for voting has been, or will be, for any reason

beyond their control, reduced at all or in any one or more of the

places, they may, whether before or after the poll has commenced,

extend the time fixed for the poll at such polling place or places so

as to make good for the time lost, as aforesaid

Provided moreover that, where all persons who have had a

voting document delivered to them, such voting document not

having been withdrawn, have voted in a polling booth or locality,

the Commission may close the voting in that polling booth or

locality before the stipulated time

Provided further that where such election shall coincide

with a general election, referendum or European Parliament

election, the time of closure of voting shall be extended and be the

same as the time of closure of voting for general elections,

referenda or European Parliament elections as the case may be.

(3) In each polling booth the Electoral Commission shall

provide a number of separate cubicles wherein each voter may

record his vote in secret, and in each cubicle shall provide such

facilities as it deems necessary including, however, a notice in the

form specified in the Fourteenth Schedule.

35. During the time fixed for voting at any polling place, no

person, other than a person waiting to vote, shall loiter within a

distance of fifty metres from that polling place nor shall any person

within the said distance of fifty metres make political propaganda

in any manner. Any political party club within the distance of fifty

metres from the centre of the width of the door used as an entrance to

the polling place shall be kept closed on polling day

Provided that the Electoral Commission and the

Commissioner of Police may order the closure of any club, shop or

other public establishment within such distance of fifty metres if in

their opinion, such closure is necessary to maintain public order or

prevent undue influence on voters during voting in any locality.

36. No person shall congregate during voting, in any road,

square or other place, leading from the place of residence of any

voter to any polling place, in such numbers or otherwise in such

L O C AL GOVERNMENT

manner as to be likely to intimidate any voter, or to obstruct his

approach to or from a polling place, or to lead to a breach of the

peace.

37. The Commission shall on the day of the poll deliver to the

assistant commissioners for each polling booth one or more ballot

boxes, a sufficient number of ballot papers, lists of the voters

entitled to vote at that polling booth and other relevant documents

and materials.

38. (1) Immediately prior to the start of voting the assistant

commissioners shall, in the presence of any candidate or party

agent or party delegate as may be present, check that the ballot

boxes consigned to them are empty by opening the ballot box and

shall thereupon seal the lid thereof with the seal of the Commission

and allow any candidate, party agent or party delegate to affix his

own seal thereto.

(2) For the purpose of this regulation, where the assistant

commissioners determine that because of lack of space, not all the

seals may be conveniently placed, they may direct that not all seals

shall be so affixed ensuring however that each political party will

be given the opportunity to affix at least one seal on each ballot

box.

39. (1) Any voter wishing to vote shall attend at the polling

booth, specified in the voting document received by him and shall

deliver such document to an assistant commissioner at such polling

booth during the hours appointed for voting.

(2) No person shall be allowed to vote unless he produces and

delivers the voting document to the assistant commissioners.

(3) No inquiry shall be permitted at the time of voting as to the

right of any person to vote, so long as the name of such person is

included in the list referred to in regulation 34(1), but the assistant

commissioners may, before the delivery of the ballot paper to a

voter, put to him such questions as they may deem proper to satisfy

themselves of the identity of such voter.

(4) The assistant commissioners, upon the production and

delivery to them of the voting document and having satisfied

themselves of the identity of the voter, shall strike out the name of

the voter from the list aforesaid and shall deliver to him, after

marking it with official marks, a ballot paper. For the purposes of

these regulations, "official mark" shall mean the stamp which the

Commission shall direct the assistant commissioners to use; so

however that each political party may direct the assistant

commissioner nominated by it to use a stamp of its own to mark the

ballot papers, provided that an imprint of the stamp so used is

deposited with the Commission prior to the start of the poll; such

stamp shall not be necessary for the validity of the ballot paper.

(5) The assistant commissioners may at their discretion

administer an oath to any voter in the form set out in the Eleventh

Schedule to these regulations.

(6) Any person refusing to answer any questions put to him

under sub-regulation (3) or to take the oath referred to in sub-

regulation (5) shall not be permitted to vote.

(7) The assistant commissioners shall not refuse a ballot paper

to any person whose name is included in the list referred to in

regulation 34(1) and otherwise satisfies the requirements of this

regulation, unless the person so claiming to vote, upon being

questioned under this regulation, appears to the assistant

commissioners not to be the person whose name is on the aforesaid

list or to have previously voted at the same election.

(8) The assistant commissioners shall keep a written record of

the taking of any oath administered to any person under this

regulation, and of their refusal to allow any person to vote.

(9) No voter shall be allowed to vote except at the polling

booth specified in the voting document produced by him for

purposes of voting.

(10) A voter, who has inadvertently spoilt his ballot paper may,

on delivering the spoilt ballot paper to the assistant commissioner,

and proving the fact of inadvertence to the satisfaction of the

assistant commissioner, obtain another ballot paper in its place and

the spoilt ballot paper shall be immediately cancelled.

40. (1) Each voter shall have one transferable vote.

(2)

A voter, in recording his vote

(a) must place on his ballot paper the figure 1 opposite the

name of the candidate for whom he votes; and

(b) may in addition indicate the order of his choice or

preference for as many other candidates as he pleases

by placing against their respective names the figure 2,

3, 4, 5 and 6 and so on in consecutive numerical order.

(3)

A ballot paper shall be invalid in which

(a) the figure 1 standing alone indicating a first preference

for one candidate is not placed; or

(b) the figure 1 standing alone indicating a first preference

is set opposite the name of more than one candidate; or

(c) the figure 1 standing alone indicating a first preference

and some other number is set opposite the name of the

same candidate; or

(d) it cannot be determined with certainty for which

candidate the first preference of the voter is expressed;

or

(e) any writing or mark is made by which the voter can be

identified; or

(f)

the official mark as defined in regulation 39(4) is not

made.

(4) A voter shall record his vote secretly inside a cubicle in the

booth provided for this purpose and constructed in such a manner

as not to allow the voter to be seen when marking his ballot paper.

After marking his ballot paper the voter shall fold the ballot paper

so as to conceal his vote and shall then put the ballot paper in the

L O C AL GOVERNMENT

ballot box in the presence of the assistant commissioners.

41. (1) Any voter who declares to, and shows to the

satisfaction of, the assistant commissioners that he is unable by

reason of blindness, other physical cause or illiteracy to mark his

ballot paper, may request an assistant commissioner to mark the

paper on his behalf indicating for which candidate or candidates he

wishes to vote and the order in which he wishes to record his vote

Provided that the voter may not ask for any particular

assistant commissioner to mark the ballot paper on his behalf

Provided further that a person who is unable to vote

independently by reason of blindness may either request an

Assistant Commissioner to mark the paper on his behalf indicating

for which candidate or candidates he wishes to vote and the order in

which he wishes to record his vote or request the provision of a

Braille template as well as a playback listening device as approved

under the provision of regulation 20(1A).

(2) The assistant commissioners are bound to secrecy with

regard to the voting of persons whom they have assisted to vote.

(3) There shall be not less than two assistant commissioners

present when the vote is being recorded under the provisions of

sub-regulation (1), but no other person shall be allowed in the

polling booth.

(4) When an assistant commissioner is authorised to assist a

voter to record his vote, the assistant commissioner shall require

such voter to confirm his declaration on oath, and on satisfying

himself of the correctness of such declaration he shall record the

vote of such voter on the ballot paper, in accordance with the

indication made by such voter and following the procedure set

down hereunder

(a) The assistant commissioner shall ask the voter

"Which of the candidates do you most desire to see

elected?" and shall place the figure 1 on the ballot

paper opposite the name of the candidate indicated by

the voter.

(b) The assistant commissioner shall then ask the voter

"For which of the candidates do you desire to express a

second choice?" and shall place the figure 2 on the

ballot paper opposite the name of the candidate

indicated by the voter.

(c) The assistant commissioner shall repeat the operation

in reference to a third or any subsequent preference

until the voter shall declare that he does not desire to

express any further choice.

(d) In order to assist such voters in indicating their

preferences, the electoral commissioners shall permit

the display in the polling places of photographs of the

candidates, if the same are supplied by the candidates

themselves or by a political party on their behalf. Each

photograph may bear, in addition to the name of the

candidate represented, the badge and name of the

party, if any, to which he belongs.

Such photographs shall be of such size and

description as the electoral commissioners may require

and shall be displayed in such manner as they shall

direct and in the order in which the candidates’ names

appear on the ballot paper.

(e) At the commencement of these operations and at any

subsequent stage the assistant commissioner shall, if

desired by the voter, read out in the order in which

they appear on the ballot paper, the names of all

candidates for whom a choice has not already been

expressed by the voter.

(f)

If any such voter, however, shall request the assistant

commissioner to read out the names of the candidates

of one particular political party only, the assistant

commissioner shall do so by reading in alphabetical

order the names of the candidates who have supplied

an indication of their adhesion to that political party

and omitting the names of the other candidates.

42. While a voter is recording his vote, the assistant

commissioners shall keep at sufficient distance so as not to be able

to see the vote recorded.

43. The assistant commissioners shall in no case permit any

person to take his ballot paper out of the room or out of their sight

until it is inserted into the ballot box.

44. Saving the provision of regulation 41, no assistant

commissioner or any other person shall record the vote for any

voter, or shall, at any polling place make any suggestion to him

directly or indirectly regarding the candidate or candidates for

whom he should vote or regarding his choice of preference.

45. Except where otherwise stated in these regulations the

assistant commissioners shall not allow any person not being a

police officer on duty, or a person lawfully entrusted with some

duty in connection with the elections, or a person entitled to vote at

that polling place, to enter such polling place; nor shall they permit

any voter or other person to remain in the polling place longer than

necessary.

46. (1) After the expiration of the time fixed for voting or

where, in terms of the proviso to regulation 34(2) voting in a

polling booth or a locality has closed, the assistant commissioners

shall seal the opening of the ballot box, shall place in a packet all

unused and spoilt ballot papers and all printed or written records

kept by them, affixing their seal thereto, after stating and signing

on the said packet the number thereof, and shall place in a separate

packet all voting documents delivered to them. The official marks

used by the assistant commissioners including those used by the

assistant commissioners nominated by the political parties shall be

put in a separate packet which shall be sealed with the seal of the

Commission after all assistant commissioners have affixed their

L O C AL GOVERNMENT

signature thereto.

(2) For the purposes of the previous paragraph of this

regulation the assistant commissioners shall physically count and

reconcile the number of unused and spoilt ballot papers, the number

of persons marked as having voted on the list referred to in

regulation 34(1) and the number of voting documents delivered to

them.

(3) After the close of the poll and before the ballot boxes are

removed from the polling booths, the assistant commissioners shall

affix a notice on the door of each polling booth and signed by all

the assistant commissioners stating the number of voters entitled to

vote at that polling booth, the number of ballot papers received by

them from the Commission, the number of voting documents

delivered to them distinguishing as to whether they are ordinary or

special, the number of spoilt ballot papers and the number of

unused ballot papers being returned by them to the Commission

and the number of persons who have voted in that polling booth.

The said notice shall in this regulation be henceforth referred to as

the "ballot paper account".

A copy of the ballot paper account shall be delivered by the

assistant commissioners to each political party by handing it to any

candidate, party delegate or party agent representing such party as

may be present, and shall also be delivered to the Commission at

the place specified in regulation 16(c) and the Commission shall

immediately thereon provide a copy to the party delegates.

(4) On completion of all the duties mentioned in the preceding

sub-regulation, the assistant commissioners shall deliver the ballot

box or boxes and all documents and packets entrusted to them to

the Commission at the place specified in regulation 16(c).

(5) Party delegates, candidates and party agents shall have the

right to attend at the reconciliation and sealing of papers and

sealing of ballot boxes, mentioned in the preceding sub-regulations,

to affix their own personal seals to the packages containing the

papers and to the ballot boxes and shall, subject to the provision of

the following sub-regulations, be granted facilities to watch and

accompany the transportation of the ballot boxes from the polling

place up to their delivery to the Commission.

(6)

(a) No more than one party agent from each political party

may be present in each polling booth at any one time

during the procedure for the sealing of ballot boxes.

(b) The assistant commissioners shall ensure that

candidates, party agents or party delegates as may be

present shall be called in prior to their starting the

procedures outlined in the previous paragraphs of this

regulation for the sealing of ballot boxes and packets

and reconciliation.

(c) The candidates, party agents and party delegates that

may be present shall be granted all reasonable

facilities to oversee, record and request recounts of all

the operations undertaken by the assistant

commissioners in terms of the previous paragraphs of

this regulation and without prejudice to the generality

of the above

(i)

to reconcile the number of persons who have

voted as stated in the ballot paper account with

the number of persons which the assistant

commissioners have struck off the list referred

to in regulation 34 and the number of voting

documents

received

by

the

assistant

commissioners;

(ii) to reconcile the names of the voters which the

assistant commissioners have struck off the list

referred to in regulation 34 with the names or the

voting documents received by them;

(iii) to record the names, the legally valid identification

document numbers and, or, the particulars of the

persons who have not voted;

(d) If a vehicle is to be used for the transportation of the

ballot box, and after all the procedures indicated in the

previous paragraph of this paragraph have been

completed, the assistant commissioners shall keep the

ballot box and all documents and packets in the polling

booth until such time as the vehicle designated by the

Commission for the transfer of the ballot boxes arrives

at the polling place. Any candidate, party agent or

party delegate as may be present shall also have the

right to remain at such polling booth.

(e) During the transportation from the polling place to the

place designated by the Commission for the delivery

of ballot boxes in terms of paragraph (3) of regulation

16 no more than one representative from each of the

political parties may board the vehicle designated by

the Commission for transportation.

(f)

The representatives mentioned in the previous

paragraph of this paragraph shall be designated by the

political parties within seven days of being notified by

the Commission of the number of persons to be

appointed, and shall be duly authorised by the

Commission and shall bear an identification document

similar to that required by regulation 32(1) and shall

have these names published in terms of regulation

32(2).

(g) If no vehicle is to be used in the transportation of the

ballot box, the assistant commissioners, accompanied

by any candidate, party delegate or party agent as may

be present, shall, after all procedures indicated in the

previous paragraphs of this regulation have been

completed, carry the ballot box and deliver it to the

Commission in the place indicated in regulation 16(c).

(h) The refusal by any assistant commissioner to sign any

declaration or document shall not of itself invalidate

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the contents thereof.

47. The assistant commissioners shall keep order in the polling

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

irregularity in the voting in that place in so far as such irregularity

could have been prevented by them.

PART VII

Voting in Retirement Homes and Hospitals

48. For the purpose of this Part, "a retirement home" means

such place or places principally used for the care of elderly persons

in which at least fifty voters reside and "hospitals" means Mater

Dei Hospital, Karen Grech Hospital and Mount Carmel Hospital in

Malta, and the General Hospital in Gozo

Provided that the provisions of regulation 49(3)(a), of

regu lation 50(1)(b ) and of regulation 51 shall not app ly to

retirement homes not run or administered by the Government.

48A. (1) Notwithstanding anything to the contrary contained in

these regulations, the Commission shall provide mixed polling

places for the purposes and in the manner provided for by this

regulation.

(2) A mixed polling place is a polling place which contains one

or more mixed ballot boxes for different localities, as the case may

be, and where the voters mentioned in sub-regulation (4)(a), (b)

and (c) shall vote independently of the locality where they may be

registered in the last published Local Councils’ Electoral Register

by casting their vote in the mixed ballot box appertaining to the

locality where they are registered.

(3) The Commission shall only provide mixed polling places in

the following sites

(a) at Saint Vincent de Paule;

(aa) at a place in Malta for voters registered in Malta and at a

place in Gozo for voters registered in Gozo that the

Commission establishes in the Gazette according to

regulation 16;

(b) at Mater Dei Hospital Msida, Karen Grech Hospital

Gwardamanġa, Mount Carmel Hospital Attard, and

Gozo General Hospital;

(c) at such places designated for the casting of votes by

voters who are resident at retirement homes as defined

in regulation 48 on the Saturday prior to polling day,

as the Commission may, by notice in the Gazette

published within ten days from the publication of the

writ for the election, establish

Provided that the Commission shall, wherever

possible, designate as such mixed polling places the

retirement homes themselves

Provided further that for the purposes of this paragraph

every person who is resident in a retirement home

fourteen days before polling day shall be deemed to be

a resident at the retirement home

Provided further that regulation 51 shall mutatis

mutandis apply to mixed polling places designated in

terms of this paragraph.

(d) all the voters residing at the Corradino Correctional

Facility shall vote in the place indicated in this regulation

and it shall be the duty of the person responsible of the

mentioned Facility to submit to the Commission a list

with the name, surname, identity card number and the

date of birth of such voters within three days of the

publication of the Notice for the election, which list must

continue to be updated everyday up to fourteen days prior

to the polling day. Every person residing at the Corradino

Correctional Facility listed in the list shall be deemed to

be a person residing at the same Facility.

(4)

(a) All voters who fourteen days before polling day shall

be resident, but not registered as voters, at Saint

Vincent de Paule shall vote at the place indicated in

sub-regulation (3)(a), and it shall be the duty of the

sub-committee set up under regulation 49 to determine

who these voters shall be.

(b) All voters who four days before polling day shall be

registered as patients at Mater Dei Hospital, Karen

Grech Hospital, Mount Carmel Hospital, and at the

Gozo General Hospital, shall vote in the place

indicated in sub-regulation (3)(b) and it shall be the

duty of the sub-committee set up under regulation 49

to determine who these voters shall be.

(c) All the voters, as provided in sub-regulation (3)(c),

who are resident at retirement homes as defined in

regulation 48 shall vote at the place indicated in the

same regulation and the subcommittee established

under regulation 49 shall be bound to determine who

the voters shall be.

(d) Notwithstanding

the

other

provisions

of

these

regulations

(i)

voters who vote in a hospital in accordance with

sub-regulation (3)(b) shall vote on the Thursday

prior to polling day between 7.00 am and 10.00

pm;

(ii) voters -

(aa) who are residing at Saint Vincent de Paule;

or

(bb) who are residing in retirement homes as

defined in regulation 48 and who are

entitled to vote at such places designated

in accordance with sub-regulation (3)(c),

L O C AL GOVERNMENT

(cc) who are residing in the Corradino

Correctional Facility,

shall vote on the Saturday prior to polling day

between 7.00 am and 10.00 pm.

(e) Notwithstanding any other provision of these

regulations, every person who shall have been selected

to serve as an Assistant Electoral Commissioner,

including those selected to serve as reserves, shall cast

their vote at the place in Malta, if he is a registered

voter in Malta, and at the place in Gozo if he is a

registered voter in Gozo, as indicated in sub-regulation

(3)(aa), and shall do so on Tuesday prior to the polling

day between 7.00 a.m. and 10.00 p.m

Provided that the Assistant Commissioners and the

reserves chosen to serve in Malta and in Gozo on the day

allocated for the Assistant Commissioners to vote, shall

cast their vote on the first polling day at the place

established in regulation 48A(3)(aa) between 7.00 a.m.

and 10.00 p.m.

(f)

For all effects and purposes of this regulation, the

persons who shall vote in accordance with paragraph

(e) shall be all those whose name is published in the

list referred to in regulation 29(6), even if any one of

such persons shall have resigned his appointment after

the publication of that list.

(5) For all effects and purposes of these regulations a mixed

polling place shall be considered as an ordinary polling place and

the rights and duties imposed on the Commission and persons

appointed by it, political parties, agents and candidates shall

mutatis mutandis apply.

(6) In the case of those voters voting at the place indicated in

sub-regulation (3)(a) and (c), a copy of the list of persons entitled

to vote in such mixed polling place shall be given by the Electoral

Commission to the political parties, at least four days prior to

polling day. The list of the persons entitled to vote at the place

indicated in sub-regulation (3)(b) shall be given by the Electoral

Commission to the political parties by not later than midnight of

the Thursday preceding the polling date.

(7) A medical consultant having in his care any voter resident at a

hospital or retirement home may, by issuing a medical certificate to

that effect, draw the attention of the Commission to any dangers

inherent to the health of his patient should he be moved for the

purposes of being taken to vote. Such certificate will, however, in no

way effect the right of that voter, to ignore the medical warning and

decide to cast his vote.

49. (1) Within twenty-four hours of the publication of the

Notice for the election of councillors, the Commission shall form a

sub-committee consisting of a commissioner, who shall act as

chairperson, and a representative of each of the political parties and

the Electoral Commission shall delegate to the sub-committee the

running of the election in all retirement homes and hospitals.

(2) The sub-committee shall have the duty to ensure that no

undue pressure is brought to bear on voters in retirement homes and

hospitals, that proper and adequate facilities are given to all

political parties to canvass such voters, that adequate arrangements

for voting are made in view of the special needs of such voters and

that no political party enjoys any unfair advantage.

(3) Without prejudice to the generality of the above provisions,

the sub-committee shall ensure that

(a) immediate steps are taken to temporarily remove and

substitute members of staff gravely suspected to have

attempted to influence voters;

(b) arrangements are made for the receipt and proper

delivery of propaganda material and for canvassing

during visiting hours by candidates and political

parties contesting that locality;

(c) complaints by political parties and/or candidates are

speedily investigated and rectified when found to be

justified.

50. (1) Within three days of the publication of the Notice the

person responsible for the administration of a retirement home shall

send to the sub-committee

(a) a list of all persons resident at such retirement home,

indicating the name, a legally valid identification

document number, last known address, age, ward or

room number, name and address of next of kin and

whether registered as a voter in the home address or

otherwise;

(b) a list of all staff at the retirement home indicating the

name, a legally valid identification document number,

address, grade and working hours up to the day

following the day fixed for voting.

(2) Fourteen days before polling day the person responsible for

the administration of hospitals shall send to the sub-committee

(a) a list of all patients currently in the hospitals

indicating the name, a legally valid identification

document number, last known address, ward number,

name and address of the next of kin. The person

responsible for the administration shall send updated

lists of the patients on a daily basis to the sub-

committee until the day preceding the Thursday prior

to polling day; and

(b) a list of all staff at the hospital indicating the name, a

legally valid identification document number, address,

grade and working hours up to the day following the

day fixed for voting.

(3) On receipt thereof the sub-committee shall immediately

provide the political parties with copies of such lists.

L O C AL GOVERNMENT

(4) The administrator of every retirement home and hospital

shall keep such lists updated and shall immediately send to the sub-

committee any amendments thereto and the sub-committee shall

immediately inform the political parties of such amendments.

(5) Members of the staff in retirement homes and hospitals are

expressly prohibited from engaging in propaganda for any political

party or candidate and any employee contravening this regulation

shall be guilty of an offence and shall on conviction be liable to the

penalty of general interdiction for a period of ten years and the

provisions of the Probation Act and of article 22 of the Criminal

Code shall not apply.

51. (1) The voting documents of voters registered in retirement

homes shall be delivered to the voters personally in the retirement

home. Unless delivered to the voter prior to admittance as a patient

into a hospital, the voting documents of patients in hospitals shall be

delivered to the voter personally in the hospitals. The voter may opt to

deliver the voting document to the Chairperson of the sub-committee

for safekeeping, and such Chairperson shall return the same to the

voter on the day fixed for voting or on such earlier day as may be

requested by the voter.

(2) Voters in retirement homes and hospitals shall have the

option to proceed to the polling place -

(a) without the assistance of any person;

(b) with the assistance of members of the staff;

(c) with the assistance of members of their families;

and it shall be the responsibility of the sub-committee to ascertain

the option chosen by each voter.

(3) Voters opting to be assisted by members of the staff shall be

accompanied by members of the staff chosen from a pool thereof

nominated in equal numbers by all the political parties, such

nominations being made at least ten days before the start of the

poll. Political parties shall have the right to demand, and the

Commission shall have the duty to ensure, that if the ordinary staff

at such homes and hospitals is not sufficient for the purposes of this

regulation other persons are transferred to such homes and

hospitals for such purpose.

(4) Voters opting to be assisted by members of the staff or by

members of their families shall, notwithstanding any other

provision of these regulations be so accompanied up to the door of

the relative polling booth.

(5) During the day fixed for voting no person other than

members of the sub-committee, members of the staff and relatives

of patients who have been previously authorised to accompany

voters to vote, shall without the express authority of the

Commission, be allowed to enter retirement homes and hospitals.

(6) Except with the special authorisation of the sub-committee,

no voter in a retirement home and hospital who has chosen the

option to vote on his own or to be accompanied by members of his

family may be taken to vote by members of the staff.

52. The sub-committee appointed in terms of regulation 49 of

these regulations shall function under the general direction of the

Commission and shall be bound to implement the decisions of the

Commission.

PART VIII

Counting of Votes

53. The counting of votes for each locality shall take place at

the place and time specified in notices referred to in regulation

16(c) and (d) and shall be conducted in accordance with the

provisions of these regulations. Counting shall commence for a

locality when all ballot boxes for that locality have been deposited

in the room designated for the purpose by the Commission, all

packets containing the papers and other material used by the

assistant commissioners have been delivered to the Commission

and neither ballot boxes nor packets have been declared to be in a

state that gives rise to the suspicion that they have been tampered

with.

54. (1) Political parties contesting the elections shall have the

right to nominate a sufficient number of agents, to be determined

by the Commission, to oversee at all times the receipt of the ballot

boxes, documents and packets, by the Commission from the

assistant commissioners and the storage of the said ballot boxes,

documents and packets after the receipt thereof. These agents shall

henceforth in these regulations be referred to as "delivery agents".

(2) Party delegates, candidates and delivery agents shall have

the right to monitor the receipt of the ballot boxes by the Electoral

Commission from the assistant commissioners and to make

representations thereon.

(3) If any of the commissioners or any party delegate,

candidate or delivery agent claims that any ballot box or package is

received in a state that it gives rise to suspicion that it may have

been tampered with, the Commission shall order such box or packet

to be dealt with separately from the other boxes or packets, and

shall immediately call a meeting of the Commission and at such

meeting the Commission shall have the power to hear such

evidence under oath as it deems necessary.

(4) Where the Commission decides that there is no evidence

that justifies the suspicion that the box or packet has been tampered

with, its decision shall be final and no appeal shall lie therefrom.

(5) Any claim as is referred to in the previous paragraphs of

this regulation shall be made as soon as the ballot box or packet is

delivered by the assistant commissioners to the Commission and

for this purpose the Commission shall ensure that the party

delegates, candidates or delivery agents are given adequate

facilities to attentively inspect the ballot boxes, documents or

packets.

L O C AL GOVERNMENT

(6) It shall be the duty of the Commission to ensure the

mathematical accuracy of the ballot paper account and that this

tallies with the declared number of voting documents returned by

the assistant commissioners. Political parties shall have the right to

demand that the Commission shall for this purpose open all packets

containing voting documents relative to not more than ten per cent

of all boxes in order to physically check the accuracy of such

returns.

(7) Political parties shall select the ballot boxes in relation to

which the packets containing voting documents are to be opened

during delivery of the ballot boxes to the Commission and prior to

the storage of the ballot boxes.

(8) As each ballot box is received and cleared by the

Commission in terms of this regulation it shall be transferred to the

room designated by the commissioners for the storage of all ballot

boxes in terms of regulation 16.

(9) As soon as practicable after all ballot boxes have been

received and cleared in terms of this regulation and prior to the

start of the counting process the Electoral Commission shall

publicly declare the total number of votes declared to be cast in

accordance with the ballot paper accounts delivered by the assistant

commissioners as well as the number of votes in each ballot box as

resulting from the same account.

(10) The Commission shall preserve until the publication of the

official results of the next following election all papers delivered to

them by the assistant commissioners, as well as the unused ballot

papers and the voting documents, in separate sealed packets

indicating on each packet the nature of the documents contained

therein, and the locality to which they appertain.

(11) On every packet as is referred to in the preceding paragraph

there shall be affixed the seal of the Electoral Commission and the

signature of at least two commissioners, and of any party delegate,

candidate or delivery agent who may wish to sign it.

55. (1) The Commission shall appoint a number of persons to

act as counters, supervisors and calculators to assist it in the

counting and transfer of votes within each locality which shall be

effected under the direct supervision of the Commission.

(2) The provisions of paragraph (1) of regulation 28 shall

mutatis mutandis apply to the office of the counter, supervisor and

calculator as it applies to the office of assistant commissioner.

(3) A list of the persons appointed as counters, supervisors and

calculators shall be published by the Commission in the Gazette,

together with the list of persons appointed as assistant

commissioners and the procedure established for the nomination by

political parties and for objections to assistant commissioners shall

mutatis mutandis apply to supervisors and counters.

(4) All counters, supervisors and calculators shall be issued

with identity documents specifying the details provided for party

agents. The identity documents shall he worn at all times by the

counters, supervisors and calculators whilst in the precincts of the

building where the counting of votes is held.

(5) The calculators shall perform all mathematical calculations

connected with the counting of votes and the Commission shall

ensure that the persons so chosen are proficient in mathematical

calculations.

(6) Supervisors shall be responsible for a number of counters

and shall oversee the opening of ballot boxes, and the sorting and

counting of ballot papers for every counting table. The Electoral

Commission shall ensure that at all times during the counting of

votes there are no less than two supervisors for each counting table

and that the political parties are adequately represented in the

choice of persons to act as supervisors for each counting table.

(7) Counters shall work under the direction of the supervisors;

they shall physically sort and count the ballot papers. The Electoral

Commission shall ensure that there are a sufficient number of

counters on each counting table to ensure a quick and efficient

counting process and that the political parties are adequately

represented at all times during the counting of votes in the choice

of persons to act as counters at each counting table.

56. (1) The Commission may authorise any one or more of its

members or any other person or persons appointed by it to do

anything on its behalf in connection with the receipt and storage of

ballot boxes and the counting and transfer of votes and anything

done by virtue of such authority shall be deemed to have been done

by the Commission.

(2) Notwithstanding anything contained in any other part of

these regulations, the Electoral Commission may for the purposes

of the counting of votes appoint any number of principal assistant

electoral commissioners to act on its behalf as the Commission

deems fit to supervise the counting of votes within each locality

and anything done by the principal assistant electoral

commissioners shall be deemed to have been done by the Electoral

Commission.

(3) The commissioners or any one or more of them shall

administer to every person authorised to act for the Commission

under the provisions of this regulation, an oath for the faithful

discharge of the duties assigned to him.

57. (1) Unless these regulations otherwise provide, candidates

and party delegates shall have free access to the building where the

counting of votes will take place, and to the counting hall, at all

times.

(2) Every political party shall moreover have the right to

nominate a number of agents equal to the number of candidates

presented by it to contest the election and such agents shall at all

times have access to the said building and to the counting hall at all

times. These agents shall henceforth in these regulations be

referred to as "counting agents".

The list of such agents shall, at least, seven days prior to the

L O C AL GOVERNMENT

start of the poll be sent to the political parties and shall be published by

the Commission in the Gazette indicating the name, address and a

legally valid identification document number of each agent and the party

nominating him.

The list of such agents shall, at least, seven days prior to the

start of the poll, be forwarded by the Commission to the political

parties and posted at the entrance of the Electoral Office indicating

the name, address and a legally valid identification document

number of each agent and the party nominating him.

(3) The party delegates, candidates and counting agents shall

be issued with an identity document and such identity document is

to be worn at all times on entry into and inside the building or

complex wherein the votes are counted.

58. With respect to the building designated by the Commission

for the counting of votes the Commission shall ensure that

(a) adequate facilities are provided for media coverage as

well as for the political parties;

(b) an area adjacent and communicating with the counting

hall shall be provided for the storage of the ballot

boxes and that during the time the boxes are stored in

such area they shall at all times be visible from all

parts of the counting hall;

(c) in the counting hall itself counters shall be separated

from the candidates and agents and except in the cases

expressly provided for in these regulations, access to

the area designated by the Commission for the

counting of votes shall only be allowed to candidates

and agents with the express consent of the

Commission; provided that the party delegates and two

substitutes thereof for each locality in which an

election is held, previously nominated by such

delegates, shall have free access to the counting area at

all times;

(d) the disposition of the counting area shall be such that

as far as possible all the counting process can be

closely viewed by candidates, agents and party

delegates;

(e) adequate back up facilities for services failure are

provided especially with respect to lighting;

(f)

reasonable security measures are taken at all times in

and around the building, that entry is restricted to

authorised persons only and that no lethal instruments

or instruments which may be rendered lethal are

introduced in the building;

(g) at least fifteen days before the start of voting the

commissioners shall show the party delegates how

they propose to allocate and separate the different

areas of the said building and shall consider

suggestions made by the said delegates in this regard;

(h) notwithstanding anything else contained in these

regulations, the party delegates and their substitutes,

shall at all times have access to any part of the

building for the purpose of ensuring that the provisions

of these regulations are being enforced.

59. The Commission shall ensure that as far as practicable full

and constant press and broadcasting coverage is allowed of the

counting and transfer of votes and for such purpose shall allow

entry into the building to bona fide press and broadcasting

personnel and apparatus.

60. In extraordinary circumstances the Commission may allow

entry into the building and the counting hall to such other persons

as they think fit but in no case shall entry be allowed to the public

generally.

61. Notwithstanding anything else contained in these

regulations, candidates and the counting agents shall at all times

have access to the commissioners for the purpose of making

representations on their own behalf or on behalf of the candidate or

party represented by them.

62. The Commission shall have the sole direction of the

building designated for the counting and transfer of votes and shall

hav e t he r i gh t t o gi v e suc h ord ers as are ne cessa ry fo r t h e

maintenance of order and security within the building.

PART IX

Ballot Paper Account Reconciliation

63. The Commission shall proceed to count all the votes cast in

a locality in order to establish the total number of votes cast in that

locality.

64. (1) Prior to the removal of each ballot box from the room

designated by the Commission to hold all the ballot boxes in terms

of regulation 16, the party delegates or their substitutes shall have

the right to examine the seals affixed to each ballot box.

(2) Any objection raised by the party delegates or their

substitutes as to the integrity of such seals shall be examined by the

Commission whose decision thereon shall be final and not subject

to appeal.

65. One ballot box at a time shall be opened and prior to the

opening of each ballot box the Commission shall cause the ballot

paper account for that ballot box to be affixed in such a manner that

it may be clearly seen by the candidates and agents and shall show

the candidates and agents the seals on the ballot box in order that

they may ascertain that such seals are intact.

66. Any party delegate, candidate or agent may, prior to the

opening of the ballot box, make representations claiming that the

seals of the box have been tampered with. Where such an objection

is made the box shall not be opened until the Commission, after

L O C AL GOVERNMENT

consulting the party delegates or their substitutes, shall have given

such directions and taken such measures as it may consider

necessary.

67. Where no objections are made and where the Electoral

Commission in terms of the previous regulation of these

regulations so directs, the ballot box shall be opened and the

number of ballot papers contained therein shall be counted, face

downwards, to ascertain that the number of votes in that ballot box

corresponds to the ballot paper account.

Provided that where the Commission decides to use an

Electronic Counting System the ballot box shall be opened and the ballot

papers shall be placed faced downwards on the counting table. When all

the ballot papers found in a ballot box have been placed faced

downwards on the counting table, the supervisor shall place the ballot

papers together in one parcel faced downwards and in a separate tray for

each ballot box with the polling booth number and locality name. The

supervisor shall immediately place the tray on a rack in a place clearly

visible to the counting agents. This process shall be repeated until all

ballot boxes have been opened. The counting and tallying of the ballot

papers shall be done in accordance to the rules stated in Thirteenth-A

Schedule.

68. Where the ballot papers in the ballot box do not tally with

the ballot paper account the attention of the Commission shall be

drawn to the fact and the Commission, after consultation with the

party delegates, or their substitutes shall give such directions as it

may deem fit and such decision shall be final.

69. Where the ballot papers in the ballot box and the ballot

paper account tally, the votes shall be put together and placed in a

pigeon hole indicating the number of the ballot box. The pigeon

hole and ballot papers must at all times be clearly visible by

parties, candidates and agents. The ballot papers in each pigeon

hole shall be put in parcels of fifty ballot papers each with any

remainder being put at the bottom of the pile and the supervisor

shall ensure that each parcel is counted for accuracy by more than

one counter.

70. The process described in regulations 63 to 69 shall be

repeated until all ballot boxes have been opened to ascertain that

the ballot papers in each box tally with the ballot paper account

relative to it.

71. After all ballot boxes have been opened and reconciled

with the relative ballot paper account the Electoral Commission

shall prior to proceeding to the sorting of votes declare the total

number of votes cast and their distribution by ballot box.

PART X

Counting and Sorting of Votes

72. (1) Ballot papers shall be sorted in accordance with this

Part of these regulations or, when an Electronic Counting System is

being used, Schedule Three-A.

(2)

In this Part unless the context otherwise requires

(a) The expression "continuing candidate" means any

candidate not elected and not excluded from the poll.

(b) The expression "first preference" means the figure "1"

standing alone opposite the name of a candidate; the

expression "second preference" means the figure "2"

standing alone opposite the name of a candidate; and

the expression "third preference" means the figure "3"

standing alone opposite the name of a candidate, and

so on.

(c) The expression "next available preference" means a

second or subsequent preference recorded in

consecutive numerical order for a continuing

candidate, the preferences next in order on the ballot

paper for candidates already elected or excluded from

the poll being ignored.

(d) The expression "transferable paper" means a ballot

paper on which, following a first preference, a second

or subsequent preference is recorded in consecutive

numerical order for a continuing candidate.

(e) The expression "non-transferable paper" means a

ballot paper on which no second or subsequent

preference is recorded for a continuing candidate

Provided that a paper shall be deemed to have

become a non-transferable paper whenever

(i)

the names of two or more candidates (whether

continuing or not) are marked with the same

number, and are next in order of preference; or

(ii) the name of the candidate next in order of

preference (whether continuing or not) is

marked either by a number not following

consecutively after some other number on the

ballot paper or by two or more numbers; or

(iii) for any other reason it cannot be determined

with certainty for which of the continuing

candidates the next available preference of the

voter is recorded.

(f)

The expression "original vote" in regard to any

candidate means a vote derived from a ballot paper on

which a first preference is recorded for that candidate.

(g) The expression "transferred vote" in regard to any

candidate means a vote derived from a ballot paper on

which a second or subsequent preference is recorded

for that candidate.

(h) The expression "surplus" means the number of votes

by which the total number of the votes, original and

transferred, credited to any candidate, exceeds the

quota.

(i)

The expression "count" means

L O C AL GOVERNMENT

(i)

all the operations involved in the counting of the

first preferences recorded for candidates; or

(ii) all the operations involved in the transfer of the

surplus of an elected candidate; or

(iii) all the operations involved in the transfer of the

votes of an excluded candidate or of two or more

candidates excluded together.

73. The Commission shall cause the ballot papers to be sorted

out into parcels according to their first preference recorded for each

candidate, rejecting any that are invalid.

74. The sorting of ballot papers indicated in the previous

regulation shall be carried out in the following manner

(a) the supervisor of each counting table shall take the

topmost bundle of ballot papers from each pigeon hole

and, in full view of the candidates and agents, place

the bundles on a rack to pass to the counters;

(b) when a parcel of ballot papers has been taken from

each different pigeon hole and placed on the rack as

provided in the previous paragraph of this regulation,

the supervisor shall pass to each counter one parcel at

a time in order that the ballot papers may be sorted;

(c) the counters shall open each parcel with the ballot

papers and ascertain whether each paper is valid or

invalid;

(d) if the counters decide that there is a possibility that,

for any reason according to the Act or these

regulations, a ballot paper may be invalid or if any

candidate or agent for the same reason so claims, the

counter shall place such ballot paper in a tray marked

"dubious";

(e) if the ballot paper is considered as valid the counter

shall place the ballot paper in a tray indicating the

candidate to which the first preference has been given

on that ballot paper.

75. (1) When a counter has so disposed of the parcel of ballot

papers mentioned in the previous regulation he shall be given

another parcel to sort in the same manner and so on and so forth

until all the parcels on the rack have been counted.

(2) When all the parcels on the rack have been counted the

supervisor shall take the next topmost parcel of ballot papers from

each pigeon hole repeating the sorting process mentioned in

regulation 74 and in sub-regulation (1) of this regulation and so on

and so forth until all ballot papers have, in phases, been removed

from the pigeon holes, put on the rack and sorted.

76. (1) Whenever the supervisor in charge of the sorting of

votes determines that in the tray marked as "dubious" there are a

sufficient number of ballot papers he shall call one of the principal

assistant electoral commissioners to collect such papers.

(2) The dubious ballot papers may only be removed from the

tray by a principal assistant electoral commissioner who shall

personally take them to a table designated for that purpose.

(3) The Electoral Commission, or the principal assistant

electoral commissioners, shall, after hearing the representations of

the party delegates or their substitutes, decide in respect of each

paper, whether it is valid or invalid and if they decide that it is

invalid they shall so stamp the paper on its face.

(4) The decision of the principal assistant electoral

commissioners shall be subject to an appeal to a member of the

Electoral Commission designated to hear such appeals by the

Commission and his decision shall be final.

(5) Once all the dubious ballot papers have been declared valid

or invalid, they shall be returned by a principal assistant electoral

commissioner who shall pass them on to a supervisor.

(6) The supervisor shall cause the invalid ballot papers to be

put in a tray marked "invalid" and the valid ballot papers to be

sorted in accordance with the preceding regulations.

77. (1) The Commission shall then count the number of papers

in the tray of each candidate, and credit each candidate with a

number of votes equal to the number of valid papers on which a

first preference has been recorded for such candidate, and they

shall ascertain the total number of valid papers.

(2) When counting the number of papers placed in the tray of

each candidate, the supervisor shall direct that such papers be

bundled in packets of fifty papers each and that each packet is

counted by at least two counters.

78. The Commission shall then divide the total number of valid

papers by a number exceeding by one the number of vacancies to

be filled. The result increased by one, disregarding any fractional

remainder, shall be the number of votes sufficient to secure the

return of a candidate. This number is herein called the "quota".

79. If at the end of any count the number of votes credited to a

candidate is equal to or greater than the quota, that candidate shall

thereupon be elected.

80. (1) If at the end of any count the number of votes credited

to a candidate is greater than the quota, the surplus shall be

transferred, as in this regulation provided, to the continuing

candidates for whom the next available preferences have been

recorded on the ballot papers in the parcel or sub-parcel received

by the elected candidate at that count.

(2) A surplus which arises from any count shall be transferred

before a surplus which may arise from a subsequent count.

(3) If more than one candidate has a surplus arising from the

same count, the largest surplus shall first be dealt with.

(4) If two or more candidates have each an equal surplus

arising from the same count, the surplus of the candidate with the

greatest number of votes at the first count at which the candidates

L O C AL GOVERNMENT

in question had an unequal number of votes shall first be dealt with.

Where the number of votes credited to such candidates were equal

at all counts the Commission shall determine by lot which surplus

they will first deal with.

(5)

(a) If the votes credited to an elected candidate consist of

original votes only, the Commission shall examine all

the papers in the parcel of the elected candidate whose

surplus is to be transferred.

(b) If the votes credited to an elected candidate consist of

original and transferred votes, or of transferred votes

only, the Commission shall examine the papers

contained in the last sub-parcel last received by the

elected candidate whose surplus is to be transferred.

(c) In either case the Commission shall sort the

transferable papers into sub-parcels according to the

next available preference recorded thereon, shall make

a separate sub-parcel of the non-transferable papers

and shall ascertain the number of papers in each sub-

parcel of transferable papers and in the sub-parcel of

non-transferable papers.

(6) If the total number of papers in the sub-parcels of

transferable papers is not greater than the surplus, the Commission

shall transfer the whole of each sub-parcel of transferable papers to

the continuing candidate indicated thereon as the voter ’s next

available preference, and shall set aside as a separate parcel so

many of the non-transferable papers as are not required for the

quota of the elected candidate. The particular papers set aside shall

be those last filed in the sub-parcel of non-transferable papers.

(7)

(a) If the total number of transferable papers is greater

than the surplus, the Commission shall transfer from

each sub-parcel of transferable papers to the

continuing candidate indicated thereon as the voters’

next available preference the number of papers which

bears the same proportion to the number of papers in

the sub-parcel as the surplus bears to the total number

of transferable papers.

(b) The number of papers to be transferred from each sub-

parcel shall be ascertained by multiplying the number

of papers in the sub-parcel by the surplus and dividing

the result by the total number of transferable papers. A

note shall be made of the fractional parts, if any, of

each number so ascertained.

(c) If, owing to the existence of such fractional parts, the

number of papers to be transferred is less than the

surplus, so many of these fractional parts taken in the

order of their magnitude, beginning with the largest as

are necessary to make the total number of papers to be

transferred equal to the surplus, shall be reckoned as of

the value of unity, and the remaining fractional parts

shall be ignored.

(d) If two or more fractional parts are of equal magnitude,

that fractional part shall be deemed to be the largest

which arises from the largest sub-parcels and if the

sub-parcels in question are equal in size, the fractional

part credited to the candidate with the greatest number

of votes at the first count at which the candidates in

question had an unequal number of votes shall be

deemed to be the largest. Where the numbers of votes

credited to such candidates were equal at all counts the

Commission shall determine by lot which fractional

part shall be deemed to be the largest.

(e) The particular papers transferred from each sub-parcel

shall be those last filed in the sub-parcel, and each

paper so transferred shall be marked with the number

of the count at which the transfer took place.

81. (1) If at the end of any count no candidate has a surplus

and one or more vacancies remain unfilled, the Commission shall

exclude from the poll the candidate credited with the lowest

number of votes; shall examine all the papers of that candidate;

shall sort the transferable papers into sub-parcels according to the

next available preferences recorded thereon for continuing

candidates; shall transfer each sub-parcel to the candidate for

whom that preference is recorded; and shall make a separate sub-

parcel of the non-transferable papers.

(2) If the total of the votes of the two or more candidates

lowest on the poll is less than the number of the votes credited to

the next highest candidate the Commission may at the same count

exclude those candidates from the poll and transfer their votes as in

this regulation provided.

(3) If, when a candidate has to be excluded, two or more

candidates have each the same number of votes and are lowest on

the poll, the candidate with the lowest number of votes at the first

count at which the candidates in question had an unequal number of

votes shall be excluded, and, where the numbers of votes credited

to those candidates were equal at all counts, the Commission shall

decide by lot which shall be excluded.

82. Notwithstanding anything contained in these regulations

(1) If at the end of any count the number of elected

candidates is equal to the number of vacancies to be

filled, no further transfer of votes shall be made.

(2) If on the exclusion of a candidate or candidates the

number of the then continuing candidates is equal to

the number of vacancies to be filled, the continuing

candidates shall thereupon be elected and no further

transfer of votes shall be made.

83. (1) Whenever any transfer is made each sub-parcel of

papers transferred shall be placed on the top of the parcel, if any, of

papers of the candidate to whom the transfer is made, and that

candidate shall be credited with a number of votes equal to the

L O C AL GOVERNMENT

number of papers transferred to him.

(2) Non-transferable papers, except such as in the transfer of a

surplus may be required for the quota of the elected candidate, shall

be set aside as a separate parcel together with any parcel of non-

transferable papers already set aside.

(3) On the transfer of the surplus of an elected candidate, all

papers not transferred to continuing candidates and not set aside as

provided in the preceding paragraph of this regulation shall be

placed together in one parcel as the quota of the elected candidate

and the parcel shall be marked with the name of the elected

candidate.

84. Any candidate or agent may, at the end of any count,

request the Commission to re-examine and re-count all or any of

the papers dealt with during that count, and the Commission shall

forthwith re-examine and recount accordingly the papers indicated

without making any alterations in the arrangements of the papers in

the various parcels save where such alteration may be necessary in

consequence of any error discovered in the re-count; the

Commission may also at their discretion re-count papers either

once or more often in any case in which they are not satisfied as to

the accuracy of any previous count; provided that nothing herein

shall make it obligatory on the Commission to re-count the same

papers more than once.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 16 Validity of acts done by unqualified councillor. — LOCAL GOVERNMENT ACT Open official source

(1) Any acts and proceedings entered into by an

unqualified person holding the office of councillor as provided in

the foregoing articles and any obligations binding the Council in

consequence thereof shall be honoured by the Council where the

person in whose favour such obligation is entered was in good

faith.

(2) The Council shall have the right to sue such unqualified

person for any damages resulting from any transaction it has to

honour unless such councillor proves that he had acted in good

faith.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
First Schedule — LOCAL GOVERNMENT ACT Open official source

[Regulation 4]

Form of Oath of Office to be taken by the Election Commissioners

I, ............................................... *Chief Electoral Commissioner/Electoral

Commissioner do swear/affirm that I will faithfully perform the duties of

Commissioner to conduct the election of Local Councils according to law. (So help

me God.)

* delete where necessary

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 17 Resignation of Council members. — LOCAL GOVERNMENT ACT Open official source

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

his office in the Local Council by notice in writing signed by him and

delivered to the Executive Secretary and his resignation shall take

effect from the date of the receipt of the notice by the Executive

Secretary, which date shall be immediately registered by the Executive

Secretary, and his office shall become vacant as of such date. The

Executive Secretary shall give a registered receipt containing the date

and time of resignation, and shall immediately inform all the

councillors and the Director.

(2) The Executive Secretary shall act in accordance with the

provisions of article 9.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Second Schedule — LOCAL GOVERNMENT ACT Open official source

Amended by

L.N. 426 of 2012.

[Regulation 8 (a)]

Form of Application for a Person who is not a Citizen of Malta

for Registration as a Voter for Local Councils

To the Electoral Commission, Valletta, Malta

Surname ..........................................................................................................

Name ...............................................................................................................

Legally valid identification document number ..................................................

Place of birth ....................................................................................................

Date of birth .....................................................................................................

Nationality .............................................. Passport Number .............................

Place of ordinary residence ...............................................................................

Name of town or village ...................................................................................

Road and number of premises...........................................................................

Name and surname of applicant’s father ............................................................

His place of birth .................................... His nationality*................................

* (if applicant's father is dead, give his nationality at the time of his death)

Name and maiden surname of applicant’s mother ..............................................

Her place of birth .................................... Her nationality **.............................

** (if applicant's mother is dead, give her nationality at the time of her death)

I hereby apply to be registered as a voter for ...................................................

(1) electoral division in accordance with the Local Government Act to be

registered as a voter for the election of councillors.

Date ..........................

Signature or mark of applicant

(1)

Insert name of locality.

FOR OFFICIAL USE ONLY

Remarks

............/.........../..........

Vtd. ..........................................

Chd..........................................

L OC A L GOVERNMENT

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 18 Councillors to attend all meetings. — LOCAL GOVERNMENT ACT Open official source

Councillors shall attend all meetings as provided under this

Act and the Minister shall, after he has been informed by the

Executive Secretary, by notice under his hand addressed to the

Executive Secretary, declare a seat to be vacant on failure of the

councillor to attend four meetings or in the aggregate more than

one-third of the meetings called within a period of six months and

in the opinion of the Minister such absence was not justified

Provided that when a Councillor has so absented himself,

and before informing the Minister as aforesaid, the Executive

Secretary shall inform the Mayor of such an event and the Mayor

shall thereupon insert an item on the agenda for the first Council

meeting to discuss whether the absence of such Councillor was due

to a justifiable cause.

Provided further that if the Council has resolved that the

absence is due to a justifiable cause, the Executive Secretary in

informing the Minister of the councillor’s failure shall also transmit

the recommendation of the Council for the Minister not to declare

the seat vacant

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Third Schedule — LOCAL GOVERNMENT ACT Open official source

Amended by

L.N. 426 of 2012.

[Regulation 8 (b)]

Form of Corrections or Transfers (Local Councils)

for a Person who is not a Citizen of Malta

To the Electoral Commission

I (1) ............................................................ Legally valid identification document

number ............................. formerly residing at (2) .................................................,

do hereby give notice that I have transferred my residence to (3) ...............................

Date ....................................

Signature or mark of applicant (4)

Signature and Legally valid

identification document number of witness

Address of witness ...................................................................................................

(1)

Name and surname (also nickname, if any)

(2)

Former address as shown on the Local Councils’ Electoral Register

(3)

Present address

(4)

Should applicant be unable to write, the person filling in the form is to affix

his or her signature and furnish his or her full address and legally valid

identification document number below applicant’s mark.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 19 Pecuniary interest. — LOCAL GOVERNMENT ACT Open official source

(1) It shall be the duty of every councillor who has any

pecuniary interest, direct or indirect, in any contract or proposed

contract or other matter and is present at any meeting of the

Council at which that contract, proposed contract or other matter is,

or is to be, considered to disclose openly to the meeting and as soon

as practicable after the commencement thereof the nature of his

interest and -

(a) not to preside over or take any part in the

consideration or discussion of, or to vote on any

question with respect to, that contract, proposed

contract or other matter; and

(b) unless the contract, proposed contract or other matter

is under consideration by the Council merely as part of

a report of a committee or sub-committee thereof and

does not itself become the subject of separate debate,

to withdraw from the meeting while that matter is

being considered.

(2) It shall be the duty of every Council to record in the

minutes of a meeting particulars of any disclosure made to that

meeting under sub-article (1) and of any subsequent withdrawal

from the meeting.

(3) Any person who knowingly acts in contravention of sub-

article (1) shall be guilty of an offence and shall be liable to

imprisonment for a term not exceeding one year or to a fine (multa)

not exceeding two thousand five hundred euro (€2,500) or fifty per

c e n t u m o f t h e c o n t r a c t , p r o p o s e d c o n t r a c t o r o t h e r m a t t e r,

whichever is the greater or to both such fine and imprisonment, and

any person found guilty of such an offence shall cease to be

qualified to hold the office of councillor for a period of five years

from such conviction.

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

any pecuniary interest which a councillor may have through his wife

or husband, spouse in marriage, partners in a civil union, children,

parents, persons having or who had children in common, siblings or

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

one or more of them is a shareholder or through any company of which

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

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Fourth Schedule — LOCAL GOVERNMENT ACT Open official source

Amended by

L.N. 426 of 2012.

[Regulation 8 (c)]

Form of Application for a Person who is not a Citizen of Malta

for the Correction of Designation or Address (Local Councils)

To the Electoral Commissioner

My name (and/or my address*) appearing in the Local Councils’ Electoral Register

under (1) ....................................................................................... has been wrongly

designated and I hereby apply that my name (and/or my address*) be corrected as

follows (2) ...............................................................................................................

Date ................................................

(3) Signature or mark of applicant

Signature and Legally valid

identification document number of witness

Address of witness ...................................................................................................

(*)

Cancel the words which do not apply

(1)

Locality, full address and legally valid identification document number as

shown on the Local Councils’ Electoral Register

(2)

State correction desired to be made

(3)

Should applicant be unable to write, the person filling in the form is to affix

his or her signature and furnish his or her full address and legally valid

identification document number below applicant’s mark.

L OC A L GOVERNMENT

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 20 Relatives of councillors. — LOCAL GOVERNMENT ACT Open official source

(1) Every councillor shall disclose to the Council in

writing any relevant family relationship known to him to exist

between himself and any person who he knows either holds, or is a

candidate for appointment to, any office under the Council.

(2) All disclosures made under sub-article (1) shall as soon as

practicable be brought by the Executive Secretary to the notice of

the Council and

(a) it shall be the duty of the Council to record in its

minutes particulars of the disclosure; and

(b) if the councillor required to make the disclosure is

present at any meeting of the Council at which any

question relating to or affecting the appointment,

remuneration, tenure or conditions of service,

promotion, status, conduct, dismissal, suspension,

retirement or superannuation of the person to whom he

stands in a relevant family relationship is under

consideration, he shall withdraw from that meeting

while that question is being considered and his

withdrawal shall be duly recorded in the minutes of the

proceedings of that meeting.

L O C AL GOVERNMENT

(3) Any councillor who acts in contravention of sub-article (1)

or sub-article (2)(b) shall be guilty of an offence and shall be liable

on summary conviction to a fine (multa) not exceeding seven

hundred euro (€700) and, moreover, any person found guilty of

such an offence shall be liable to be disqualified from holding

office of councillor for a period of five years from such conviction

Provided that the Minister may, from time to time, by notice

in the Gazette specify higher penalties which in no case shall

exceed a fine (multa) of seven thousand euro (€7,000).

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

relationship shall be deemed to exist between a councillor and an

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

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

the candidate, are the -

(a) parents;

(b) grandparents;

(c) grandson or granddaughter;

(d) son or daughter;

(e) siblings;

(f)

uncle or aunt;

(g) nephew or niece; or

(h) first cousin,

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

union of the councillors.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Fifth Schedule — LOCAL GOVERNMENT ACT Open official source

Amended by

L.N. 426 of 2012.

[Regulation 8 (d)]

Form of Application by female electors who are not Citizens of Malta for the

correction of surname and address in consequence of marriage (Local Councils)

To the Electoral Commission

As (1) on the.............................I married (2) ................................... Legally valid

identification document number ................ I (3) .......................................................

Legally valid identification document number .............................., formerly residing

at (4) ............................................................ and registered as an elector under that

address, do hereby apply that my surname (and/or address *) be now shown as

follows (5) .................................................................................................

Date ...................

(6) Signature or mark of applicant

Signature and Legally valid

identification document number of witness

Address of witness .....................................................................:...................

* Cancel the words which do not apply.

(1)

Date of marriage.

(2)

Name, surname in full and legally valid identification document number of

applicant’s husband.

(3)

Maiden surname (also nickname, if any) and legally valid identification

document number of applicant.

(4)

Address as shown on Local Councils’ Electoral Register.

(5)

Present address.

(6)

Should applicant be unable to write, the person filling in the form is to affix his

signature and furnish his full address and legally valid identification document

number below applicant’s mark.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 21 Immunity from legal proceedings in certain cases. — LOCAL GOVERNMENT ACT Open official source

Where a Council supplies to any member of the public

attending a meeting of the Council, or supplies for the benefit of

the media, copies of the agenda, statements, particulars and copies

of other documents, the publication of any defamatory matter

contained in the agenda, statements, particulars or documents so

supplied shall be privileged unless the publication thereof is proved

to have been made with malice.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Sixth Schedule — LOCAL GOVERNMENT ACT Open official source

[Regulation 15]

Form of Notice by the Electoral Commission

The Electoral Commission established in terms of article 60 of the Constitution

hereby notifies that in virtue of the provisions of the Local Government Act, an

election is being held in the locality/localities of .......................................................

* on Saturday, .................................................................................................

Chief Electoral Commissioner

* complete as necessary

L OC A L GOVERNMENT

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 22 Dissolution of Council. — LOCAL GOVERNMENT ACT Open official source

The President shall, by order in the Gazette acting in

accordance with the advice of the Prime Minister, dissolve a

Council upon

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

financial responsibilities, and after a formal notice has

been given by the Minister; or

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

report by the Governance Board and after a formal notice

has been given by the Minister; or

(c) lack of agreement in electing the Mayor; or

(d) lack of agreement by the Council in approving its

annual estimates; or

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

appointed under the Inquiries Act. to the Minister.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Seventh Schedule — LOCAL GOVERNMENT ACT Open official source

[Regulation 17]

Form of Voting Document

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 23 Elections to follow dissolution of Council. — LOCAL GOVERNMENT ACT Open official source

(1) Upon the dissolution of the Council in accordance with

article 22, or if all the elected councillors have resigned and no

other councillors can be elected in accordance with the Third

Schedule, or if the Council cannot function for whatever reason, the

Electoral Commission shall, within thirty days, hold an election for

the new Council

Provided that no election shall be held where the remaining

term of office of the dissolved Council is less then six months.

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

of the Council, appoint a Committee of Management chaired by the

President of the Association or his representative which shall

perform all such duties as are competent on the Council until a new

Council is elected

Provided that until a Committee of Management is appointed,

the Executive Secretary shall perform all such duties as are competent

on the Local Council.

(3) The newly elected Council shall hold office for the

remainder of the term applicable to the dissolved Council.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Eighth Schedule — LOCAL GOVERNMENT ACT Open official source

Substituted by

XI.2019.19.

[Regulation 20]

L OC A L GOVERNMENT

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 24 Oaths of Office. — LOCAL GOVERNMENT ACT Open official source

(1) Councillors elected in accordance with article 8, and

Mayors and/or Deputy Mayors elected in accordance with article

25 shall take and subscribe the oath of office in the form stipulated

in the Fifth Schedule before any Commissioner for Justice who is

hereby being empowered to administer such oaths.

(2) Any Mayor, Deputy Mayor or councillor who undertakes a

function incompatible with his oath of office shall be dismissed by

the President, acting in accordance with the advice of the Prime

Minister, unless within thirty days from the receipt of a written

notice by the Minister, such member shall have renounced to the

incompatible function.

(3) A breach of the Code of Ethics for Local Councillors may

result in a referral of his case to the Governance Board which is to

be established by the Minister to deal with cases of breaches of

ethics. The Governance Board shall be constituted and conducted in

accordance with regulations made by the Minister. The same

Governance Board shall have the authority to deal with the public

complaints vis-à-vis the Council.

(4) The Mayor, the Executive Secretary or any member of the

Council shall report to the Department for Local Government any

breach of the Code of Ethics com mitted by any councillor.

Following the verification by the Board mentioned in sub-article

(3) of such reports and following a persistent breach of the Code of

Ethics, a formal notice shall be issued by the Minister, which

formal notice shall be published within such time as may be

provided by regulation under this Act.

(5) Any member of the public may also make a claim to the

A d m i n i st r a t i v e Tri b u n al se t u p i n a c c o r d a n c e w i t h t h e

Administrative Justice Act whenever he feels aggrieved by an

administrative act of a Local Council, that shall include the issue of

L O C AL GOVERNMENT

any orders, licence, permit, warrant, authorization, concession,

decisions or refusal of any request made by applicant.

PART III

The Office of Mayor

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Schedule 8A — LOCAL GOVERNMENT ACT Open official source

Added by

XI.2019.19.

[Regulation 20]

Rear of Ballot Paper

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 25 Election of Mayor and Deputy Mayor. — LOCAL GOVERNMENT ACT Open official source

(1)

Without prejudice to the provisions of article 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.

(1A) In any case where two or more persons who were elected in

the first count obtain the same amount of votes among Councillors

belonging to that party having the majority of Councillors, the

office of Mayor shall be filled by the person with the longest

experience as Councillor and who therefore has served longest on

the Council among the two

Provided that if the two Councillors have the same length

of service in office, the office of Mayor shall be filled by the

Councillor who is the more senior

Provided further that in the case that both obtain the same

amount of votes but are not elected in the first count, the office of

the Mayor shall be filled by whoever is elected first.

(2)

(a) The office of Deputy Mayor shall be occupied by such

elected Councillor from the political party mentioned

in the preceding sub-article who, under the conditions

and in accordance with the provisions of such sub-

article, shall have obtained, apart from the Mayor, the

highest number of votes in the local elections and the

provisions of such sub-article shall mutatis mutandis

apply to the election of Deputy Mayor.

(b) In the case where the office of Deputy Mayor shall

become vacant, the office of Deputy Mayor shall be

filled by that Councillor belonging to the party that has

obtained the absolute majority of Councillors in the

Local Council and who obtained the majority of first

preference votes after the Councillor whose office of

Deputy Mayor has become vacant.

(3) Where no political party obtains an absolute majority of

seats in such Council or where, for any reason whatsoever, the

office of Mayor or Deputy Mayor is not filled in virtue of the

provisions of the preceding sub-articles of this article, the Council

shall, at its first sitting, and after the Councillors have taken their

oath o f office , proceed with the elec tion of the Mayor and

subsequently of Deputy Mayor from among its members in

accordance with the Seventh Schedule.

(4) The first sitting of each Council shall be summoned by the

most senior Councillor (or else if he refuses or does not answer

within a week, by the next senior Councillor and so on) and such

meeting shall be held not later than one week from the first day

when the Councillors may hold office under article 14. The agenda

for this first meeting shall be prepared by the Executive Secretary

and shall be published not later than four working days before the

date fixed for such meeting.

(5) By not later than the third meeting after the Local Council

election, each Councillor shall be assigned a specific sector as

specified in the Fourteenth Schedule which he shall monitor and

report on to the Local Council. That Councillor may also set up a

committee, over which the Councillor will preside in order to work

in that sector. In such case the members of such committee shall be

approved by the Council before those members commence their

functions. This matter shall be included in the meetings’ agenda as

aforesaid specified.

(6) In the event that a circumstance arises where the office of the

Mayor and Deputy Mayor are vacant, the subsequent meeting wherein

there shall be held the elections for the Mayor and Deputy Mayor shall

be summoned by the most senior councillor, and the provisions of sub-

article (4) apply mutatis mutandis.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 25A — LOCAL GOVERNMENT ACT Open official source

(1) Any person who contests a local election, is elected a

councillor, and gets the highest number of votes from among the

candidates of the party that has 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.

L O C AL GOVERNMENT

(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.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Ninth Schedule — LOCAL GOVERNMENT ACT Open official source

Amended by

L.N. 426 of 2012.

[Regulation 22]

Form of Nomination Paper

To the Election Commissioners

We, the undersigned, being voters entitled to vote at an election of Local Councils

and being registered on the Local Councils’ Electoral Register for

(1)...................................

Electoral

Division,

do

hereby

nominate

(2)................................... as a candidate for the said division and in the interests of

the (3) .....................................................

I, (2) ......................................... residing at ..............................................................

consent to the above nomination and that my name on the ballot paper be indicated

as (4) .....................................

Date

Signature of candidate

(or of lawful representative

as the case may be)

(1)

Name of locality

(2)

Name, surname, address, and legally valid identification document number and

occupation of person nominated.

(3)

Name of political party

(4)

Surname and name.

L O C A L GOVERNMENT

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 26 The role of the Mayor. — LOCAL GOVERNMENT ACT Open official source

(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.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Tenth Schedule — LOCAL GOVERNMENT ACT Open official source

Amended by

L.N. 426 of 2012.

[Regulations 26, 56]

Form of Oath to be taken by Principal Assistant Electoral Commissioners and

Assistant Electoral Commissioners

I, .................................................................................. Principal Assistant Election

Commissioner/Assistant Election Commissioner* duly appointed to supervise the

taking of the poll at the election of the Local Council of ...........................................

swear/ affirm that I will faithfully perform the duties of such office according to the

provisions of the law, and to report by letter addressed to the Minister any

irregularity observed by me in the conduct of the election.

I also swear/affirm to maintain secrecy regarding the vote given by any elector

which may become known to me. (So help me God.)

Date ........................

Signature .................................................

Legally valid identification

document number ....................................

* delete as necessary

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 27 Legal and juridical representation. — LOCAL GOVERNMENT ACT Open official source

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.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Eleventh Schedule — LOCAL GOVERNMENT ACT Open official source

Amended by

L.N. 426 of 2012.

[Regulation 39]

Form of oath which an Assistant Commissioner may administer to a Voter

I, (1) .........................................................................................................................

of (2) ...................................................................... do swear/affirm that I am the

same person whose name appears as A.B. in the Local Councils’ Electoral Register

and that I have not already voted either here or elsewhere at this election for Local

councillors. (So help me God.)

Date.................................. Signature or mark of voter ..............................................

Sworn/Affirmed before me this ...........................day of ...........................................

Signature of Assistant Election

Commissioner

(1)

Name in full

(2)

Address and Legally valid identification document number of voter

L O C A L GOVERNMENT

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 28 Term of Office. — LOCAL GOVERNMENT ACT Open official source

The Mayor and Deputy Mayor shall hold office from the

day of their election and they shall remain in such office until the

expiration of the term of the Council or until such time as the

Mayor or Deputy Mayor shall have resigned or shall have been

removed from office before the lapse of their term or disqualified

from remaining in office in accordance with this Act.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Twelfth Schedule — LOCAL GOVERNMENT ACT Open official source

[Regulation 87]

Declaration of Result of Poll

Name of Locality .......................................................................

Election of Councillors for the above Locality in the year ...........

We, the undersigned, being the Electoral Commissioners at the poll for the election

of Councillors for the said Locality held on the ............................ day of

......................... of the year .........................., do hereby give notice that the result of

the Poll and of the transfer of votes is as follows

Number of valid votes ................................................................

Number of councillors to be elected ..........................................

Quota (number of votes sufficient to

secure election of a candidate) ...............................................

And we do hereby declare the said ............................................................................

duly elected Councillors for the said Locality.

Dated this ....................................day of ............................of the year ....................

Electoral Commissioners

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 29 Vote of no confidence. — LOCAL GOVERNMENT ACT Open official source

(1) The Mayor or Deputy Mayor shall cease to hold their

office upon a vote of no confidence delivered by a majority of the

Councillors in office.

(2) The motion proposing a vote of no confidence in the Mayor

or Deputy Mayor shall be signed by at least one third of the

Councillors in office and shall specify the reason for such motion

and propose another Councillor to be elected as Mayor or Deputy

Mayor as the case may be.

(3) The motion shall be discussed after at least five days have

elapsed from its presentation as provided in sub-article (2) but not

later than ten days from such date; so however that if for any reason

such meeting does not take place, or no decision is taken on such

motion within such time, the proponents of such motion may fix a

date and agenda for such meeting to be held, and after due

notification is made to all Councillors, such meeting shall be held

on such date for the sole purpose of debating and deciding such

motion of no confidence.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 29A Convening of urgent Council meeting. — LOCAL GOVERNMENT ACT Open official source

The Mayor, or at least one-third of the councillors, shall

have the right to request an urgent meeting. The urgent meeting

shall only discuss the urgent matter for which the meeting has been

convened and no other. The subsequent meeting shall still be held

on the sam e day as agreed in the last r egular m eeting. The

Executive Secretary shall be obliged to convene the urgent meeting

by not later than three working days from the receipt of the request,

and all the applicable procedures for local council meetings shall

be adopted, including the time at which the meeting shall be

convened

Provided that when a councillor requests an urgent meeting,

he shall be bound to indicate the nature of the urgency and why the

matter in question cannot wait to be put on the agenda of the next

meeting in accordance with the ordinary conduct of the meetings. The

decision whether the request for an urgent meeting be acceded to shall

be taken by the Mayor in accordance with the guidelines issued by the

Director after consultation with the Association.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Thirteenth Schedule — LOCAL GOVERNMENT ACT Open official source

[Regulation 101]

Return of Election Expenses

1. Under the head of receipts there shall be shown the name and description of

every person (including the candidate), club, society or association from whom any

money, security, or equivalent of money was received in respect of expenses

incurred on account of or in connection with or incidental to the election, and the

amount received from each person, club, society or association separately.

2. Under the head of expenditure there shall be shown

(a) the personal expenses of the candidate incurred or paid by him;

(b) the name, the rate, and total amount of the pay of each person employed

as an agent, assistants or professional people;

(c) the travelling expenses and any other expenses incurred by the

candidate on account of agents, assistants or professional people;

(d) the travelling expenses of persons, whether in receipt of a salary or not,

incurred in connection with the candidature and whether paid or

incurred by the candidate or the person so travelling;

(e) the cost whether paid or incurred, of

(i)

printing;

(ii)

advertising;

(iii)

stationery;

(iv)

postage;

(v)

telegrams;

(vi)

rooms hired either for public meetings or as committee rooms;

(f)

any other miscellaneous expenses, whether paid or incurred.

Note

All expenses incurred in connection with the candidature whether paid by the

candidate or any other persons, or remaining unpaid on the date of the return

are to be set out.

For all items over twenty-five cents unless from the nature of the case (e.g.

postage) a receipt is not obtainable, vouchers have to be attached.

All sums paid out, but for which no receipt is attached, are to be set out in

detail with dates of payments.

All sums unpaid are to be set out in a separate list.

L O C A L GOVERNMENT

FORM OF DECLARATION BY CANDIDATE

I, ................................................................................................, being a candidate

for election in the locality of ........................................................., do hereby swear/

affirm that the above return of election expenses is true to the best of my knowledge

and belief, and that, except the expenses therein set out, no expenses of any nature

whatsoever have to my knowledge or belief been incurred in connection with or for

the purposes of my candidature.

Candidate

Sworn/Affirmed before me

Magistrate/Commissioner for Justice/Commissioner of Oaths

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 30 Vote of no confidence to be notified to Minister. — LOCAL GOVERNMENT ACT Open official source

When a vote of no confidence as provided in article 29 is

carried, it shall be communicated to the Director and the Minister by

the Executive Secretary without delay.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Schedule Three-A — LOCAL GOVERNMENT ACT Open official source

The Local Council Elections

(Electronic Counting and Sorting) Regulations, 2019

Part I

Preliminary

1. These regulations may be cited as The Local Councils

(Electronic Counting and Sorting) Regulations, 2019.

2. In these regulations unless the context otherwise requires

the expressions used will be given the same interpretation as those

used in Schedule Three of the Local Government Act, furthermore

"Electronic Ballot" means the electronic representation of a

physical ballot paper in a machine-readable format obtained from the

programmatic interpretation of the preferences indicated on the ballot

paper together with a unique identifier matching the Electronic Ballot

to the ballot paper and such other data the Electoral Commission may

deem fit to store;

"Non-transferable Ballot" means an Electronic Ballot on which

no second or subsequent preference is recorded for a continuing

candidate

Provided that an Electronic Ballot shall be deemed valid

but has become a Non-transferable Electronic Ballot whenever

(a)

the names of two or more candidates, (whether

continuing or not) are marked with the same number, and are

next in order of preference; or

(b)

the name of the candidate next in order of

preference (whether continuing or not) is marked

(i)

by a number not following consecutively

after some other number on the ballot paper; or

(ii)

by two or more numbers; or

(c)

for any other reason it cannot be determined with

certainty for which of the continuing candidates the next

available preference of the voter is recorded;

"Unique identifier" means a sequence of numbers used to

identify each particular ballot paper and consisting of

Locality number – 2 digits

Ballot box number – 4 digits

Ballot paper number – 4 digits.

L O C A L GOVERNMENT

3. Save as otherwise provided by these regulations when sorting

and counting votes the Electronic Counting System is to respect and

incorporate, mutatis mutandis, the regulations, requirements and the

Local Councils (Elections) Regulations, 1993 stated in the Third

Schedule to the Local Government Act, to the exclusion of Regulations

69, 70 and 71 of Part IX and regulations 74, 75, 76, 77(2), 81(2) and 84

of Part X of the Third Schedule.

Part II

Sorting of Ballot Papers

4. The Commission shall ensure that all the staff that it may

appoint to assist, supervise and operate the Electronic Counting

System and all other necessary electronic equipment for the process

shall be technically trained to efficiently carry out their assigned

functions.

5. Upon receipt of the ballot boxes by the Commission the

declared number of votes cast as stated on the Ballot Paper Account

shall be registered on the Electronic Counting System. The number of

ballot papers in each box according to the Ballot Paper Account shall

be displayed on a monitor for the information of the candidates and

their agents.

6. Once the ballot boxes are opened each ballot paper shall

be taken out and first placed faced downwards to ascertain that each

ballot paper contains the official stamp of the Commission, and that

there are no other marks on the reverse side except the official stamp of

the Commission and of the political parties that opt to put the official

mark and then it shall be turned, shown and placed with its face

upwards to ascertain that there are no other marks on the front of it

except the numbers indicating the preferences of the voter. After the

completion of the said process, the ballot papers shall then be placed

with their face upwards in an appropriate tray marked with the polling

booth number and locality name. A copy of the Ballot Paper Account

together with the ballot papers and their trays shall be stored in such

area that shall at all times be visible to candidates and their agents

Provided that if a counter decides that there is a possibility

that, for any reason according to the General Elections Act, a ballot

paper may be invalid or if any candidate or agent for the same reason

so claims, the counter shall inform the supervisor of such ballot paper

and the supervisor shall stamp such ballot paper as ''Dubious'' and place

such ballot papers on the top of the parcel

Provided that no reconciliation of the ballots in each tray

and those stated in the Ballot Paper Account shall be done at this stage

but shall be done following the scanning phase according to regulation

8(2).

7. (1)

The ballot papers are to be processed, in an orderly

manner, through the Electronic Counting System which shall create

and store a digital image of each ballot paper and shall proceed to

convert the ballot paper into an Electronic Ballot. As part of this

process the ballot paper shall be marked with a unique identifier

matching that given to the Electronic Ballot in order to allow the

Commission, should the need arise, to identify and match the

processed ballots with the ballot papers and in order to ascertain that a

ballot paper is only processed and counted once.

(2)

Persons supervising this process shall confirm that the

number of ballots found in each box reconciles with that stated in the

Ballot Paper Account as indicated by the Assistant Electoral

Commissioners. When the number of votes found does not tally the

Commission must be notified immediately in order to carry out the

necessary investigation and give all necessary instructions.

(3)

When converting the ballot papers into a machine readable

format the Electronic Counting System is to identify and bring to the

notice of the Commission all dubious ballot papers, that is all such

ballot papers which give rise to any difficulty in interpreting the

preferences or which may, for any reason according to the Local

Government Act, be found to be invalid or non-transferable.

8. (1)

The Commission shall investigate all the dubious

Electronic Ballots. In doing so the Commission may consult the ballot

paper marked with the matching unique identifier as the Electronic

Ballot

Provided that ballot papers shall only be temporarily

removed from the original tray on the order of and by an Electoral

Commissioner or other persons specifically delegated by the

Commission.

(2)

The Electronic Counting System will bring the dubious

ballots to the notice of the Commission once all the ballot papers in a

particular tray are scanned and verified.

(3)

Upon investigation, a dubious ballot may be determined to

be

(i)

invalid and consequently the Electronic Ballot

shall be put aside and ignored in all counts;

(ii) non-transferable and consequently the non-

transferable portion of the Electronic Ballot shall be set aside

and ignored, whilst the valid preferences shall be recorded and

included in the first and subsequent counts as the case may be;

or

(iii) valid and consequently the numerical sequence

on the Electronic Ballot shall be set to correctly and faithfully

L O C A L GOVERNMENT

reflect the valid ballot paper

Provided that in all such cases any amendment or

manual operation that may have been performed on an

Electronic Ballot shall be logged in the Electronic Counting

System, as well as the reason where a vote is found to be

invalid

Provided further that nothing in these regulations

shall prevent the Commission from examining all other

Electronic Ballots.

(4)

The Commission may appoint such persons as it deems fit to

review and examine dubious ballots and to perform the relevant action

required in terms of the preceding sub-regulation. A party delegate

from each Party or a substitute shall be entitled to make observations

and may raise objections, in which case the dubious ballot shall be

referred to the Commission for its final decision in terms of the

following sub-regulations.

(5)

The Commission, or any number of members thereof not

being less than two, shall investigate any Electronic Ballot to

determine whether it is valid, transferable or non-transferable or

invalid and shall, after hearing the representations of the party

delegates, or their substitutes, decide in respect of each Electronic

Ballot, whether it is valid, transferable or non-transferable or invalid,

or shall make any amendment to the interpretation of the vote to

correctly reflect the preferences stated in the ballot paper.

(6)

The decision of the Commission, or any number of members

thereof not being less than two, in this regard shall be final and not

subject to appeal.

(7)

Once all the dubious Electronic Ballots in a tray have been

investigated and declared valid, transferable or non-transferable or

invalid, the number of valid and invalid Electronic Ballots in that box

is to be displayed on a monitor or such other method for the

information of the candidates and their agents. Any ballot papers that

may have been removed as directed by a Commissioner for further

investigation shall be returned to their correct sequence in the ballot

tray.

(8)

Once all the boxes of a locality have been processed the

total number of valid and invalid votes for that division is to be

displayed on a monitor or announced in such other method as the

Commission may deem fit.

9. (1)

Prior to initiating the electronic counting, the

Commission may carry out such audit, verifications or other tests it

may deem fit in order to ensure the correctness and completeness of

the Electronic Counting System. The Commission shall produce

reports showing the number of valid votes in respect of each box

together with a separate report indicating that all candidates are

starting with nought (0) votes.

(2)

For the purposes of enabling the counting to be conducted

using the Electronic Counting System the Commission may carry out

any functions or perform any procedures to be undertaken in

connection with the counting by electronic means as is deemed

necessary or consequential to the same.

(3)

The Commission shall issue an order to commence the

counting of votes only after it is satisfied that all procedures and

requisites established by the Law and the Commission have been

satisfied.

Part III

Counting

10. Once the input data is verified the Electronic Counting

System shall determine the quota as established in regulation 78 of the

Third Schedule.

11. (1)

The Electronic Counting System shall commence the

first count with a set of Electronic Ballots ordered in ascending order

by ballot paper number and ballot box number in a locality by

assigning all valid Electronic Ballots to parcels according to the

preferred candidate indicated in each Electronic Ballot and each

candidate shall be credited with a number of votes equal to the number

of Electronic Ballots recording a first preference for such candidate.

(2)

In subsequent counts, the transferable Electronic Ballots

shall be transferred and assigned to the parcel of that candidate in

accordance with the same rules of the Third Schedule.

(3)

The System will proceed to calculate the first count and all

subsequent counts without pause, save where instructions are required

from the Commission in terms of these regulations, including where a

candidate has to be selected for exclusion by lot in terms of sub-

regulation 81(3) of the Third Schedule.

12. The Electronic Counting System will produce a draft report

showing the number of votes obtained by each candidate at each count.

The draft report will not, at this stage, be considered an official result.

13. The Commission shall forward a copy of the Draft Result to

party delegates in order for them to view the result in terms of

regulation 12 above

Provided that the Commission shall accord the party

delegates or their substitutes, in writing, an adequate, equal and

reasonable period of time from the production of the draft result to

view the result, which period of time may be extended by the

L OC A L GOVERNMENT

Commission on receiving a request by a party delegate stating the

reasons to justify the request. The decision of the Commission shall be

final.

14. (1)

During the period of time reserved for viewing,

the party delegates shall have the right to access the images of each

Electronic Ballot together with its interpretation, and to access a

complete data set containing the preferences of voters as shown in the

Electronic Ballots and this solely and exclusively for the purposes of

verifying that the ballot papers were correctly interpreted by the

System and that the preferences stated in the ballots were correctly

allocated to candidates

Provided that the party delegates shall not retain the said

information and shall ensure the complete deletion and destruction of

the information received and any copies that may have been made

following the verification of the ballot papers and their allocation, and

this immediately upon the expiry of the period of time reserved for

viewing

Provided further that any person who having been granted

access to the image of each Electronic Ballot together with its

interpretation, and/or the complete or partial data set containing the

preferences of voters as shown in the Electronic Ballots uses the data for

purposes other than those allowed in terms of this sub-regulation or

retains the said information beyond the period of time required to

conduct these purposes or fails to delete or destroy the information

following the conclusion of the verification shall be guilty of an

offence, and shall, on conviction, be liable to a fine (multa) not

exceeding ten thousand euro (€10,000) or to imprisonment for a term

not exceeding twelve months or to both such fine and imprisonment.

(2)

When providing the Parties and party delegates with the

information specified in the preceding sub-regulation, the Commission

shall ensure that the recipients are aware of their obligations in terms of

these regulations and shall be empowered to impose such non-disclosure

and other obligations, including penalty clauses by which the Parties,

party delegates and their substitutes shall confirm and bind themselves

not to copy, retain, publish or otherwise use the data set other than for

verification purposes within the time-frame allocated to them and to

ensure that upon the expiry of the said time-frame they shall delete and/

or return the data to the Commission.

(3)

The Commission shall investigate as it deems fit any reasoned

objection or complaint that a party delegate, or a contesting Party may

bring forward with regards to the correctness of the result.

(4)

Following the publication of the result, the Commission shall

not provide access to the images of each Electronic Ballot or to their

interpretation or to the complete data set containing the preferences of

voters as shown in the Electronic Ballots and shall ensure that it does

not provide any information that may remove the secrecy of the vote.

15. (1)

Following the declaration by the Parties that they are

satisfied with the result or the expiry of the time allowed for

verification as indicated in Regulation 13 of this Schedule, the

Commission shall declare and publish the final and definite results of

the first count.

(2)

The Commission shall display on one or more monitors for

the information of the candidates and their agents the results for the

first count, the Commission shall allow a short period of time and then

publish the final and definite result of the second and subsequent

counts. The length of period of time between each count shall be

determined by the Commission at its sole discretion.

(3)

Any candidate or agent may, before the next count is shown,

request the Commission to re-examine all or any of the Papers dealt

with during that count, in which case the Commission shall suspend

the display of the individual counts and instead shall display on a

monitor or monitors all the Electronic Ballots that were processed in

that count sequentially.

(4)

When examining the votes in this manner any suspected

error is to be brought immediately to the attention of the Commission

which shall investigate the matter and decide on how to proceed. The

decision of the Commission is final and not subject to appeal.

(5)

Following the display of all the counts on the monitor the

result will be final and definite

Provided that all Parties shall have the same rights at law to

contest the result as emanating from the Law and from the Local

Government Act and its Schedules.

16. (1)

The Electronic Counting System and all devices or

software intended to work together with the System shall be tested

adequately before being approved by the Electoral Commission to

carry out the process of Electronic Counting and Sorting. The

Commission shall ensure that the Counting Engine and any subsequent

revision shall be accredited and confirmed to operate in a correct

manner in conformity with the Third Schedule and this Schedule by an

accreditation authority as may be deemed appropriate by the

Commission.

(2)

At least three (3) identical sets of the final and approved

version of the software for the Counting Engine and the Interpretation

and Transcription into machine readable language for voting

preferences shall be stored in digital format on a suitable medium for

the long term storage of the same data in packets; which packets shall

be sealed by the Commission and the party delegates and stored by the

L OC A L GOVERNMENT

Commission in a secure location. Party delegates shall have the right

to a set of the software installed on a secure server provided by the

Commission at the Counting Complex, on polling day, and prior to the

commencement of the electronic sorting and counting or at any other

time as may be decided by the Commission.

(3)

The Commission shall verify and ensure in the presence of

the party delegates that the software made available to the party

delegates as provided in sub-regulation (2) above is identical to the

software that will be used in the Electronic Counting System.

17. The Commission is to ensure that the Electronic Counting

System is operated independently from other systems and free from

any form of electronic interference.

18. The Commission may define and establish such further

procedures that may be required to better operate the System.

19. The Commission may, should it deem it so necessary in the

circumstances, order the suspension of the use of the Electronic

Counting System for counting and sorting votes and instead revert to

the rules of the Third Schedule of the Local Government Act or such

other regulations issued in terms of the Local Government Act as may

be in force from time to time

Provided that in such circumstances the Commission shall,

for all intents and purposes of law, be deemed to have decided to not

use an Electronic Counting System for the counting and sorting of

votes.

20. In the event of a seat becoming vacant Part XI of the Third

Schedule shall be applied so however that the examination of the

ballot papers shall be done by the Electronic Counting System using

the final resulting parcel of the Candidate as produced by the System.

EXAMPLE OF THE METHOD OF COUNTING THE BALLOT

PROPORTIONAL REPRESENTATION SYSTEM OF THE SINGLE

TRANSFERABLE VOTE USING AN ELECTRONIC VOTE

COUNTING SOLUTION

Let it be assumed that there are six members to be elected and that

there are eleven candidates A, B, C, D, E, F, G, H, I, K, L.

THE QUOTA

Once all ballot papers are scanned, verified and adjudicated, an

ordered (by vote number, ballot box number) set of valid Electronic

Ballots is formed. The total number of valid Electronic Ballots

submitted to the count engine is 348. This total is divided by seven

(i.e. the number which exceeds by one the number of vacancies to be

filled), and 50 (i.e. the quotient 49 increased by 1, neglecting the

fraction) is the "quota", or the number of votes sufficient to elect a

member.

FIRST COUNT

The ordered set of Electronic Ballots is treated as the initial parcel

within the count engine. This initial parcel is analysed and all

Electronic Ballots are assigned into separate sub-parcels under the

name of the candidate for which a first preference has been recorded.

The results of the count may be supposed to be as follows

Candidate

Votes

A

B

C

D

E

F

G

H

I

K

L

Non-Transferable

Total

The votes obtained by B, F and H exceed or equal the quota, and they

are thereupon elected.

SECOND COUNT

B has 90 surplus votes (i.e. B’s total 140, less the quota 50), and it is

necessary to transfer this surplus first as being the largest.

All B’s 140 Electronic Ballots are analysed and assigned into separate

sub-parcels according to the next available preferences indicated

therein.

L OC A L GOVERNMENT

In general, the next available preference will be the second preference.

But any Electronic Ballot on which the second preference is given to

either F or H, both already elected, passes to the next available

preference after such candidates. An Electronic Ballot marked with 1

for B, 2 for H, 3 for F, 4 for I, is placed in the sub-parcel for I.

A separate sub-parcel is also formed of those Electronic Ballots on

which no further available preference, i.e. no further preference for

any continuing candidate is shown, and which are therefore not

transferable.

The result is found to be as follows

A next available preference is shown for D on ............. 80 ballots

A next available preference is shown for E on …........

2 ballots

A next available preference is shown for I on .............. 25 ballots

A next available preference is shown for K on ............. 29 ballots

Total of transferable ballots …………… 136 ballots

Total of non-transferable ballots ………

4 ballots

Total of B’s ballots …………………….. 140 ballots

Since the total number of transferable ballots (136) exceeds the surplus

(90), only a portion of each sub-parcel can be transferred, and the

number of ballots to be transferred from each sub-parcel must bear the

same proportion to the total number of ballots in the sub-parcels as that

which the surplus bears to the total number of transferable ballots.

In other words, the number of Electronic Ballots to be transferred from

each sub-parcel is ascertained by multiplying the number of ballots in

the sub-parcel by 90 (the surplus) and dividing the result by 136 (the

total number of transferable ballots) giving 0.6617647.

The calculation is as follows

Sub-

Actually

Candidate

Whole

Fraction

Parcel

Transferred

D

x 0.6617647

.9412

+1

E

x 0.6617647

.3235

I

x 0.6617647

.5441

+1

K

x 0.6617647

.1912

Total

The numbers of Electronic Ballots to be transferred as determined by

the preceding process contain decimal parts, and since only whole

ballots can be transferred, so many of the largest of these decimal

parts, taken in order of their magnitude as will make the total number

of Electronic Ballots to be transferred equal to the surplus, are

reckoned as of the value of unity.

Thus as the whole numbers determined above amount to only 88 viz.

(52+1+16+19), or two short of the surplus, 90, the two largest decimal

parts .9412 and .5441 are reckoned as unity, and the number of

Electronic Ballots actually transferred are as follows

To D ......................................................................

53 ballots

To E ……………………………………………...

1 ballot

To I ……………………………………………….

17 ballots

To K ……………………………………...............

19 ballots

Total, being B’s surplus ……….............................

90 ballots

The particular Electronic Ballots to be transferred to D, E, I and K are

those last filed in their respective sub-parcels, and therefore at the

bottom of the sub-parcels.

These Electronic Ballots are added in separate sub-parcels to the

parcels of D, E, I and K. (Note: K had no parcel of original ballots).

The totals of the votes credited to these candidates then become

To D.................................................... 10 + 53 = 63

2 parcels

To E ………….………..........……… 4 + 1 = 5

2 parcels

To I ……………….………………... 12 + 17 = 29

2 parcels

To K …………..……………..…...... 0 + 19 = 19

1 parcel

The remainder of the Electronic Ballots in the sub-parcel of the elected

candidate B, i.e. those ballots not transferred together with the ballots

on which no further available preferences were marked now form the

parcel, representing B’s quota of votes (50). This parcel retains the

order of B’s original parcel.

The parcel is made up as follows

The remainder of D’s sub-parcel ............................... 80 – 53 = 27

The remainder of E’s sub-parcel ……………............ 2 – 1 = 1

The remainder of I’s sub-parcel ………………….... 25 – 17 = 8

The remainder of K’s sub-parcel …………………… 29 – 19 = 10

L OC A L GOVERNMENT

Total of non-transferable ballots ………..... 4

Total, being B’s quota ……………...…....... 50

The state of the poll on the conclusion of the second count is as

follows

Candidate

Votes

A

B

50 (elected)

C

D

63 (elected)

E

F

62 (elected)

G

H

50 (elected)

I

K

L

Non-Transferable

Total

D now has 63 votes, a number which is more than the quota. He is

accordingly elected.

THIRD COUNT

There are now two surpluses, that of F (12) and that of D (13). F’s

surplus, though the smaller, is first dealt with as it arose on a prior

count. F’s surplus is distributed proportionately among the next

available preferences on F’s original 62 ballots in exactly the same

manner as in the case of B, with the result that 9 ballots are transferred

to L, 2 to C and 1 to A.

The totals of the votes credited to these candidates then become

To L ............................................ 24 + 9 = 33

2 parcels

To C ……………………............ 25 + 2 = 27

2 parcels

To A …………………………... 7 + 1 = 8

2 parcels

The remainder of the Electronic Ballots in the sub-parcel of the elected

candidate F, i.e. those ballots not transferred together with the ballots

on which no further available preferences were marked, now form the

parcel representing F’s quota of votes (50). This parcel retains the

order of F’s original parcel.

The Electronic Ballots in the sub-parcel of the elected candidate H

(who obtained an exact quota at the first count) retain the order of the

original parcel and form the parcel representing H’s quota of votes

(50).

FOURTH COUNT

D’s surplus (13) must now be distributed. For this purpose only the

sub-parcel last transferred, containing 53 ballots, is considered. These

are analysed and assigned into sub-parcels, according to the next

available preferences, with the following result

A next available preference is shown for I on ................ 42 ballots

A next available preference is shown for K on …........... 10 ballots

Total of transferable ballots ……………........ 52 ballots

Total of non-transferable ballots ……….........

1 ballot

Total

53 ballots

The number of ballots to be transferred from each sub-parcel is

ascertained by multiplying the number of ballots in the sub-parcel by

13 (the surplus) and dividing the result by 52 (the total number of

transferable ballots); therefore

I’s share of the surplus ………………….. 42 x 0.25 = 10.5

K’s share of the surplus ………………… 10 x 0.25 = 2.5

As the decimal parts above are equal, that which arises from the larger

sub-parcel is deemed to be the larger. I’s share of D’s surplus is,

accordingly, 11 votes, and K’s share is 2 votes.

The totals of the votes credited to these candidates then become

To I.................................................... 12 + 17 + 11 = 40 3 parcels

To K ………………………………

19 + 2 = 21

2 parcels

The remainder of the Electronic Ballots in the sub-parcel of the elected

candidate D, i.e. those ballots not transferred (39) together with the

ballots on which no further available preferences were marked (1) and

the 10 ballots received on the first count, making 50 ballots altogether,

now form the parcel representing D’s quota of votes.

L OC A L GOVERNMENT

The state of the poll on the conclusion of the fourth count is as

follows

Candidate

Votes

A

B

50 (elected)

C

D

50 (elected)

E

F

50 (elected)

G

H

50 (elected)

I

K

L

Non-Transferable

Total

FIFTH COUNT

There being now no surplus required to be dealt with, the Electoral

Commissioner proceeds to transfer the votes of the candidate with the

smallest total of votes. The candidate lowest on the poll is E, with 5

votes. The ballots in the sub-parcel of candidate E are analysed and

assigned into sub-parcels, according to the next available preferences,

with the result that 4 ballots are transferred to I, and 1 non-transferable

ballot is set aside as a separate parcel, whilst respecting the original

order of ballots for candidate E.

The totals of the votes credited to these candidates then become

To I .......................................... 12 + 17 + 11 + 4 = 44 4 parcels

Non-Transferable

1 parcel

The state of the poll on the conclusion of the fifth count is as follows

Candidate

Votes

A

B

50 (elected)

C

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

H

50 (elected)

I

K

L

Non-Transferable

Total

SIXTH COUNT

The Electoral Commissioner proceeds to transfer the votes of

candidate A, who is the candidate with the smallest total of votes on

the poll with 8. The ballots in the sub-parcel of candidate A are

analysed and assigned into sub-parcels, according to the next available

preferences, with the result that 1 ballot is transferred to C, and 7

ballots are transferred to G.

The totals of the votes credited to these candidates then become

To C.................................................

25 + 2 + 1 = 28

3 parcels

To G …………………………….....

14 + 7 = 21

2 parcels

The state of the poll on the conclusion of the sixth count is as follows

Candidate

Votes

A

0 (eliminated)

B

50 (elected)

C

L OC A L GOVERNMENT

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

H

50 (elected)

I

K

L

Non-Transferable

Total

SEVENTH COUNT

No candidate is elected as the result of the sixth count and the next

operation has to be determined upon. Candidates G and K have each

the same number of votes (21) and are lowest on the poll. K’s ballots

are analysed and assigned, as he obtained fewer votes than G in the

first count. From the distribution of K’s ballots (21), 3 ballots are

transferred to C, 15 to I, 1 to L and 2 are non-transferable. I thereby

reaches a total of 59 votes, and is elected.

The totals of the votes credited to these candidates then become

To C...................................... 25 + 2 + 1 + 3 = 31

4 parcels

To I ……………………….. 12 + 17 + 11 + 4 + 15 = 59 5 parcels

To L ………………………. 24 + 9 + 1 = 34

3 parcels

Non-Transferable

2 parcels

The final state of the poll on the conclusion of the seventh count is as

follows

Candidate

Votes

A

0 (eliminated)

B

50 (elected)

C

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

H

50 (elected)

I

59 (elected)

K

0 (eliminated)

L

Non-Transferable

Total

EIGHTH COUNT

I’s surplus (9) must now be distributed. For this purpose only the sub-

parcel of ballots last transferred to I (15 ballots) is taken into account.

These are analysed and assigned into sub-parcels for the continuing

candidates, with the following result

A next available preference is shown for C on ............ 4 ballots

A next available preference is shown for L on …......... 3 ballots

Total of transferable ballots …………… 7 ballots

Total of non-transferable ballots ………. 8 ballots

Total

15 ballots

In this case the total number of transferable ballots (7) is less than the

surplus (9), therefore the Electoral Commissioner transfers the whole

sub-parcels of transferable ballots to the continuing candidates

indicated thereon as next available preference. This accounts for 7

votes out of the surplus 9. There is a difference of 2 ballots. The sub-

parcel of non-transferable ballots is therefore divided into two

portions, one containing 2 ballots (which form part of the surplus) the

other containing 6 ballots (which are required for I’s quota). The

portion of 2 ballots is set aside as a separate parcel with the other

parcels of non-transferable ballots, and the portion of 6 ballots is

retained to make up I’s quota (6+44=50).

The totals of the votes credited to these candidates then become

To C......................................... 25 + 2 + 1 + 3 + 4 = 35 5 parcels

To L ……………………….... 24 + 9 + 1 + 3 = 37

4 parcels

Non-Transferable

3 parcels

L OC A L GOVERNMENT

The state of the poll on the conclusion of the eighth count is as

follows

Candidate

Votes

A

0 (eliminated)

B

50 (elected)

C

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

H

50 (elected)

I

50 (elected)

K

0 (eliminated)

L

Non-Transferable

Total

NINTH COUNT

There being now no surplus, the votes of G, the candidate lowest on

the poll, are analysed and assigned. G’s parcel of 21 ballots is found to

contain 7 ballots on which C is the next preference, and 12 on which L

is the next preference, and 2 ballots which are non-transferable.

Therefore 7 ballots are transferred to C, and 12 to L, and 2 are filed as

a separate parcel with the other parcels of non-transferable ballots.

The totals of the votes credited to these candidates then become

To C ................................... 25 + 2 + 1 + 3 + 4 + 7 = 42 6 parcels

To L ……………………

24 + 9 + 1 + 3 +12 = 49

5 parcels

Non-Transferable

4 parcels

The state of the poll on the conclusion of the ninth count is as follows

Candidate

Votes

A

0 (eliminated)

B

50 (elected)

C

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

0 (eliminated)

H

50 (elected)

I

50 (elected)

K

0 (eliminated)

L

Non-Transferable

Total

There being now no surplus, C, the candidate lowest on the poll, is

excluded from the poll. But, as there remains only one vacancy to be

filled, and only one continuing candidate, namely L, L is elected

without any further transfer of votes.

The final result is that B, F, H, D, I and L are elected.

L OC A L GOVERNMENT

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 31 Casual vacancy in the Office of Mayor. — LOCAL GOVERNMENT ACT Open official source

(1) On a vacancy in the office of Mayor, or where the

Mayor is for any reason unable to perform the functions of his

office, the Deputy Mayor shall perform all such functions until

such time as another Mayor is elected from among the councillors

in the first meeting of the Council held after the vacancy.

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

unable to perform the functions of Mayor, for any reason whatsoever,

such function shall be performed by the most senior councillor

provided that he shall by not later then three working days from the

occurrence of the circumstance mentioned in this sub-article, provide

to the Executive Secretary his acceptance in writing, and in case that

this does not happen, the Minister shall have the faculty to appoint a

member from the Association to chair the meetings.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Fourteenth Schedule — LOCAL GOVERNMENT ACT Open official source

[Regulation 34 (3)]

Form to be affixed in each Polling Booth

DIRECTIONS FOR THE GUIDANCE OF THE VOTER IN VOTING

1. Vote by placing the figure 1 opposite the name of the candidate you

most desire to see elected.

2. You are invited (and it is advisable to place) the figure 2 opposite

the name of your second choice, the figure 3 opposite the name of

your third choice, and so on.

3. It is advisable to go on numbering the candidates in the order of

your preference until you are indifferent as to the candidates whom

you have not marked.

4. If you do not place the figure 1 on your ballot paper or if you place

the figure 1 (indicating a first preference) and some other figure

opposite the same name, or if you place the figure 1 opposite the

name of more than one candidate, your ballot paper will be invalid

and will not be counted.

5. Do not vote with an X.

6. If you inadvertently spoil a ballot paper you may return it to the

A s s i s t a n t C o m m i s s i o n e r, w h o w i l l , i f s a t i s f i e d o f s u c h

inadvertence, give you another paper.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 32 Allowances to the Councillors and Honorarium to the Mayor. — LOCAL GOVERNMENT ACT Open official source

(1) The Council shall pay an honorarium to the Mayor of its

locality as follows

(a) in localities having five councillors, an amount

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

honorarium payable to a member of parliament;

(b) in localities having between seven and nine

councillors, an amount equivalent to sixty five percent

(65%) of the honorarium payable to a member of

parliament;

(c) in localities having more then nine councillors, an

amount equivalent to eighty five percent (85%) of the

honorarium payable to a member of parliament;

L O C AL GOVERNMENT

(1A) The honorarium of the Mayor shall be deemed to be

income for the purposes of the Social Security Act

Provided that, if the Mayor so chooses, that honorarium

should not be deemed as income for the purposes of the Social

Security Act and the said choice may also be made with reference

to a period which precedes the coming into force of this sub-article

and even if at the time when the choice is made the person making

that choice no longer occupies the office of Mayor.

(2) The Minister may, by regulations, establish the allowance that

Local Councils may pay to Councillors, which allowance shall be paid

every month

Provided that such allowance shall not be deemed to be

income for the purposes of the Social Security Act

Provided further that no payments for reimbursement of

expenses shall be allowed.

(3) Each Councillor shall, at his own expense, be obliged to

install an e-mail service in his residence. Any correspondence,

minutes or documents shall be sent to the Councillors by e-mail

and for the purposes of service shall be deemed to have been duly

served.

(4) Any Councillor employed with the public sector shall be

entitled to attend official Council meetings during office hours

without prejudice to his leave entitlement.

The notification shall be made by the Executive Secretary to the

Head of Department and shall specify that such activity is an

official council activity.

PART IV

Functions of Local Councils, Procedure and Meetings

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Fourth Schedule — LOCAL GOVERNMENT ACT Open official source

Amended by

L.N. 53 of 1995;

(Article 33)

L.N. 272 of 2005;

L.N. 231 of 2011.

Items excluded from responsibility of Local

Substituted by

Councils

XIV.2019.67.

Industrial Areas

Central Business District, Mrieħel

Limits of Birkirkara, Ħal Qormi and

Santa Venera

Bulebel Industrial Estate

Limits of Żejtun

Ħal Far Industrial Estate

Limits of Birżebbuġa

Kordin Industrial Estate

Limits of Paola

Luqa Industrial Estate

Limits of Ħal Luqa

Marsa Industrial Estate

Limits of Marsa

Ricasoli Industrial Estate

Limits of Kalkara

San Ġwann Industrial Estate

Limits of San Ġwann

Xewkija Industrial Estate

Limits of Xewkija

Mosta Technopark

Limits of Mosta

Ta’ Dbieġi Crafts Village

Limits of Għarb

Ta’ Qali Crafts Village

Limits of Ħ’Attard

Mosta Industrial Zone (Tarġa Gap)

Limits of Mosta

Mosta Industrial Zone (Tas-Sriedek)

Limits of Mosta

Tal-Ħandaq Industrial Zone

Limits of Ħal Qormi (Ċittà Pinto)

Ħal Safi Aviation Park

Limits of Ħal Safi

Malta Freeport

Limits of Birżebbuġa

Delimara Power Station

Limits of Marsaxlokk

Marsa Power Station

Limits of Marsa

Airport

Limits of Ħal Luqa

Ta’ Lambert Heliport

Limits of Xewkija

Bus Terminus

Il-Belt Valletta (Ċittà Umilissima)

Bus Terminus

Ir-Rabat (Ċittà Victoria)

Albertown Reverse Osmosis Plant

Limits of Marsa

Ċirkewwa Reverse Osmosis Plant

Limits of Mellieħa

Għar Lapsi Reverse Osmosis Plant

Limits of Siġġiewi

Pembroke Reverse Osmosis Plant

Limits of Pembroke

Tignè Reverse Osmosis Plant

Tas-Sliema

Gas Installation

Limits of Birżebbuġa

Petroleum Installation

Limits of Birżebbuġa

Sant’Antnin Waste Recycling Plant

Limits of Marsaskala

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

Social and Health Centres

Gozo Mental Hospital

Ir-Rabat, Gozo

Mount Carmel Hospital

Limits of Ħ’Attard

St Luke’s Hospital

Tal-Pieta

St Vincent de Paul Hospital

Limits of Ħal Luqa

L OC A L GOVERNMENT

Sir Paul Boffa Hospital

Floriana

Zammit Clapp Home

San Ġiljan

Dumping Sites

Magħtab Dumping Site

Limits of Naxxar

Wied Fulija Dumping Site

Limits of Żurrieq

Qortin Dumping Site

Ix-Xagħra

Buildings and Complexes

Government Ministry Buildings (ex Beltissebħ) Floriana

Marsa Sports Complex

Limits of Marsa

National Swimming Pool Tal-Qroqq

Limits of Msida

Pool

Żonqor, Marsaskala

Site for National Tennis Centre

Pembroke

Water Sports Complex

Marsalforn Żebbuġ, Gozo

Ta’ Qali National Football Stadium

Limits of Ħ’Attard

Gozo Stadium

Limits of Ir-Rabat (Ċittà Victoria)

Ta’ Qali Basketball Pavilion

Limits of Ħ’Attard

Kordin Sports Complex

Limits of Paola

Tignè Football Ground

Limits of Sliema

University Sports Complex

L-Imsida

Bidnija Shooting Range

Limits of San Pawl il-Baħar

Gozo Sports Complex

Rabat (Ċittà Victoria)

Military Shooting Ranges

Limits of Pembroke

Clay Pigeon Shooting Range

Iż-Żebbuġ

Tax-Xħajma Racecourse

Xewkija

University of Malta

L-Imsida

Cemeteries

Addolarata Cemetery

Limits of Paola

Ta Braxia Cemetery

Limits of Ħamrun

Kalkara Cemetery

Limits of Kalkara

Msida Bastions Cemetery

Floriana

L-Imtarfa Cemetery

Limits of Ħ’Attard

St. Mary’s Cemetery

Limits of Rabat, Gozo

Parks and Heritage Sites

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

fortifications which though not obvious are part of them

Buskett

Limits of Siġġiewi

Ta’ Qali National Park

Limits of Ħ’Attard

Għadira

Limits of Mellieħa

Simar Nature Reserve

Xemxija, San Pawl il-Baħar

Elysium Visitor Centre and TreeNursery

Limits of Mellieħa

Foresta 2000

Mellieħa

Sant’ Antnin Family Park

Marsaskala

Majjistral Nature and History Park

Manikata, Limits of l-Imġarr

Għadira Nature Reserve

Mellieħa

Kennedy Grove

Salina, Limits of San Pawl il-Baħar

Xrobb L-Għaġin Park

Limits of Marsaxlokk

Islands

Comino Cominotto Filfla

Fungus Rock

Manoel Island

St Paul’s Islands

Bastions, Fortifications and Historical Sites

Birgu Fortifications Bormla Fortifications

Ċittadella Fortifications

Ir-Rabat (Ċittà Victoria)

Floriana Fortifications

Mdina Fortifications

Senglea Fortifications

Valletta Fortifications

Fort Manoel

Fort Ricasoli Fort St. Angelo

Fort St. Elmo

Fort Chambrai

Limits of Għajnsielem

Cottonera Lines

Victoria Lines

City Gate

Il-Belt Valletta (Ċittà Umilissima)

Portes des Bombes

Floriana

Wignacourt Aqueduct and Fountain

All archaeological sites registered with Heritage Malta

Gardens and Monuments

Independence Arena

Floriana

The Mall

Floriana

Lower Barrakka Gardens

Il-Belt Valletta (Ċittà Umilissima)

Upper Barrakka Gardens

Il-Belt Valletta (Ċittà Umilissima)

Argotti Botanical Gardens

Floriana

The Mall (Rundle Gardens)

Rabat, Gozo

San Anton Palace Gardens

Ħ’Attard

Verdala Palace Gardens

Limits of Siggiewi

Independence Monument

Floriana

Great Siege Monument

Il-Belt Valletta (Ċittà Umilissima)

Siege Bell Monument

Il-Belt Valletta (Ċittà Umilissima)

War Memorial

Floriana

RAF Memorial

Floriana

Sette Giugno Monument

Il-Belt Valletta (Ċittà Umilissima)

Sette Giugno Memorial

Rabat, Gozo

31 March 1979 Monument

Il-Birgu (Ċittà Vittoriosa)

Enrico Mizzi Monument

Il-Belt Valletta (Ċittà Umilissima)

Ġorġ Borġ Olivier Monument

Il-Belt Valletta (Ċittà Umilissima)

L OC A L GOVERNMENT

Pawlu Boffa Monument

Il-Belt Valletta (Ċittà Umilissima)

Christ the King Monument

Floriana

Christ the King Monument

Rabat, Gozo

Dun Mikiel Xerri Monument

Il-Belt Valletta (Ċittà Umilissima)

Anton Butigieg Monument

Il-Ħamrun

Manwel Dimech Monument

Il-Belt Valletta (Ċittà Umilissima)

Spencer Monument

Il-Ħamrun

Queen Victoria Monument

Il-Belt Valletta (Ċittà Umilissima)

Manoel de Vilhena Monument

Floriana

Guido De Marco Monument

Il-Belt Valletta (Ċittà Umilissima)

Jean De Valette Monument

Il-Belt Valletta (Ċittà Umilissima)

Duminku Mintoff Monument

Il-Belt Valletta (Ċittà Umilissima)

Summit Monument

Il-Belt Valletta (Ċittà Umilissima)

Fjamma Monument

Il-Belt Valletta (Ċittà Umilissima)

Roads

The arterial and distributor roads determined by the Structure Plan;

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

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 33 Functions of Local councils. — LOCAL GOVERNMENT ACT Open official source

(1) Subject to sub-article (2) and to the provisions of any

other law for the time being in force, the functions of each Local

Council shall be

(a) to provide, with respect to any road, other than any

road the responsibility for which vests in

Infrastructure Malta in terms of the Agency for

Infrastructure Malta Act or any regulations made

thereunder, for its upkeep and maintenance, or

improvements therein, and to provide and maintain

proper road signs and road markings, in conformity

with national and international standards

Provided that maintenance in relation to any road

referred to under this paragraph includes the patching and

resurfacing thereof, but does not include its

reconstruction;

(b) with respect to any road, to provide for sweeping,

cleaning and weed cutting, cleaning of road signs and

road lights, the collection and removal of all refuse, for

the maintenance of cleanliness and for the upkeep and

maintenance of all public conveniences, dustbins and

other receptacles for the temporary deposit and collection

of waste and to ensure that these are all accessible to all

persons, including persons using a wheel-chair;

(c) to provide for the establishment, upkeep and

maintenance of children’s playgrounds, public gardens

and sport, cultural or other leisure centres, and as part

of a national scheme to administer local libraries and

to ensure that these are, as far as possible, accessible

to all persons, including persons using a wheel-chair;

(d) to propose measures which relate to the maintenance and

repair of local roads, pedestrian areas, parking areas, road

signs and road markings within the locality, to provide

for the installation and maintenance of bus shelters in

accordance with standards and specifications laid down

by the competent transport authority, pedestrian and

parking areas and provide for the protection of school

children in the vicinity of schools;

(e) to propose to and, where applicable be consulted by, any

competent authority or agency prior to the competent

authority or agency making any changes in traffic

schemes directly affecting the locality;

(f)

to make recommendations to any competent authority or

agency for or in relation to any planning or building

scheme and to be a full participant in any decisions on the

naming or renaming of roads;

(g) within the parameters of any national plan, to issue

guidelines to be followed in the upkeep, restoration,

design or alteration of the facade of any building or of

any building or any part of a building normally visible

from a road, including the type of lighting and

materials used, advertisements and shop fronts, and in

the case of premises which are open to the public, to

ensure that such premises are, as far as possible,

accessible to all persons, including persons who use a

wheel-chair;

(h) to assist citizens by providing, where applicable in

conjunction with any competent authority, information

relating to the rights of citizens in general, including

information on consumers’ rights, transport,

communications, tourist facilities, taxation, social

security, public health and other matters of public

utility and interest;

(i)

to advise and, be consulted by, any authority

empowered to take any decisions directly or indirectly

affecting the Council and the residents it is responsible

for;

(j)

as part of a national scheme, to provide in conjunction

with any competent authority, for the establishment,

upkeep and maintenance of Child Care Centres,

L O C AL GOVERNMENT

kindergartens and other educational services or

buildings;

(k) as part of a national scheme, to provide in conjunction

with any competent authority for the establishment,

upkeep and maintenance of health and rehabilitation

centres, government dispensaries, health district

offices and Homes for Senior Citizens, Day Centres

for Senior Citizens and Night Care Centres;

(l)

to propose to the Minister responsible for education,

persons to be appointed as presidents of primary

school councils;

(m) within the context of a national action plan, Councils

shall promote social policy initiatives within their

locality. A Council shall work with people having

special needs, with children and young people having

literacy problems, with the elderly, persons with

mental health problems, in community care as well as

initiatives in the area of preventive care;

(n) safeguard local identity and for this purpose take the

necessary iniatives to safeguard the local historical

and cultural heritage, traditions and folklore;

(o) in the framework of regulations made by the Minister,

extend assistance to artists, musicians and sports

persons from their locality in order that they may

develop their talents;

(p) organise cultural activities that promote the locality in

every possible way;

(q) protect the natural and urban environment of the

locality and take all necessary measures to ensure the

more efficient use of energy, good waste management

and climate change iniatives;

(r) in agreement with the education authorities to make

the best use of facilities already existing in schools in

the locality after normal school hours such as sports

facilities, school halls, information technology

laboratories, and other public facilities in the locality;

(s) organise sports or physical activities for all residents of

all ages, co-operate closely with the sports

associations from the locality, to provide good sports

facilities and organise such sports activities as are not

normally organised by local sports associations;

(t)

ensure to give effect to the concept of life long

learning with all residents, particularly adults and the

elderly, by providing such service within the same

locality;

(u) provide and maintain the service of a local library;

(v) to promote an entrepreneurial policy whereby the

interests of shop owners and the needs of the residents

and the consumer in the community are catered for.

The Council is to encourage activities which promote

trade and to facilitate Council procedures to lessen

bureaucracy so that commercial activities can improve

the services they provide;

(w) to enter into agreements with any agency or public

body or Government department for the delegation to

the local council of any of the functions of that agency,

public body or department

Provided that any such delegation shall only come into

effect after the Minister has made the relevant order in

the Gazette;

(x) to perform any other function which shall be delegated

to it by the Government through the Minister by means

of an order published in the Government Gazette;

(z) to provide for all such other works, things, matters and

services which are not excluded from a Council’s

competence by any law for the time being in force nor

assigned to any other authority.

(2) National monuments, national parks or gardens, industrial

estates, ports, airports and other national territories, establishments,

buildings and items listed in the Fourth Schedule to this Act are the

responsibility of the Government, except as provided in terms of sub-

article (1)(w) or (x), and are totally excluded from the competence of

local councils.

(3)

(a) Various other new functions may be vested in Local

Councils. Each function shall be devolved when the

Central Government will be convinced that Local

Councils are prepared to take on such responsibility.

(b) In the case of devolution of new functions, such new

functions will first be devolved on to a small number

of Local Councils, possibly of various sizes, to serve

as a test.

(4) The Minister responsible for transport retains the right to,

a t an y po in t in t im e as m a y be d e te r m in e d b y th e Min ist e r

responsible for transport, transfer all and any rights previously

pertaining to Infrastructure Malta in relation to a local road in

terms of theAgency for Infrastructure Malta Act or any other law,

to a local council.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 33A Responsibilities assigned to councillors. — LOCAL GOVERNMENT ACT Open official source

(1) In the first meeting of the Local Council held after

the election, the Mayor shall assign to each Councillor any one of

the responsibilities listed in the Fourteenth Schedule. For this

purpose, each councillor has the right to appoint a sub-committee,

and from amongst the members of the said sub-committee there

shall be appointed a secretary.

(2) At the end of each year, each councillor shall submit a

report on his work in the sector of which he is responsible, which

reports shall be included in the Administrative Report.

(3) Apart from those subject matters listed in the Fourteenth

Schedule, the Mayor shall have the right to assign amongst the

L O C AL GOVERNMENT

councillors other responsibilities as he deems fit and according to

the localities’ needs.

(4) The Executive Secretary shall immediately inform the

Director once the responsibilities are assigned to the councillors.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Fifth Schedule — LOCAL GOVERNMENT ACT Open official source

[Article 24]

Oath of Office of Councillors /Mayor/Deputy Mayor

I,.............................................................. duly elected councillor for the locality of

................................................................solemnly swear/affirm that I will faithfully

and conscientiously perform my duties as Councillor/Mayor/Deputy Mayor* in

accordance with the provisions of The Local Government Act and the Constitution

of Malta.

* Delete where necessary

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 34 Council to make Bye-laws. — LOCAL GOVERNMENT ACT Open official source

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

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

suppression of nuisances in its locality and to increase funds other than

those allocated to it in terms of article 55.

(2) Notwithstanding the provisions of sub-article (1), the

Minister may under article 72, make regulations of general

application for the purposes for which a Council may make bye-

laws under this Act and such regulations shall, for the purposes of

this Act and of any other law, be deemed to be bye-laws enacted by

all the Councils

Provided that any such regulations may only make

provisions of a general nature and shall be without prejudice to the

making of further bye-laws by any Council for the same purpose

making special provision for its locality.

Provided further that when regulations of general application

are made by the Minister as stipulated herein, any bye-laws regarding

the same subject-matter shall be ipso jure repealed, and specific

conditions relevant to the Local Council shall be published as a

schedule to the said regulations by general application.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Sixth Schedule — LOCAL GOVERNMENT ACT Open official source

[Article 43]

Standing Orders

1. (1)

The Mayor shall chair meetings of the Council.

(2) In the absence of the Mayor the person presiding the

meeting shall exercise all the functions of the Mayor according to

these standing orders.

(3) The procedures to be followed in the conduct of meetings

of committees of the Council shall, unless the contrary intention

appears, be those outlined in these standing orders.

(4) Any reference in these standing orders to a councillor or a

member of a Council shall be construed as reference to a Mayor or

Deputy Mayor as the case may be unless the contrary intention

appears.

2. (1) The quorum necessary for the transaction of business

of the Council shall be the first whole number above fifty per cent

of the number of councillors in office and not debarred by reason of

a declared interest.

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

the start of the meeting or if during a meeting the number of

councillors present and not debarred by reason of a declared

interest falls below the quorum, the business not transacted at that

meeting shall be transacted at the next meeting or on such other day

as the Mayor may determine. If a quorum is no longer present after

the commencement of a meeting, the Council shall wait for 10

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

adjourned

Provided that the meeting shall not be held before the lapse of

two working days from the meeting which was not held due to lack of

quorum

Provided further that the Mayor or whoever is presiding

shall wait for up to half an hour from the established time before

declaring lack of quorum

Provided further that if two consecutive meetings of the

Council are adjourned due to a lack of quorum, the quorum

necessary for the transaction of such business at the next

subsequent meeting shall be reduced to fifty per cent of the

members in office and not debarred from attending due to conflict

of interest. In the event that such reduced number for the quorum is

not a whole number, the quorum will be reduced to the highest

whole number below fifty per cent which should be at least two

members.

(3) In the minutes of that meeting the Executive Secretary shall

register the Councillors present, the time elapsed before the

meeting was deferred and the day and time of the deferred meeting.

L OC A L GOVERNMENT

3. (1)

Members shall vote by show of hands.

(2) If a member so requests, the Executive Secretary shall

record the names of the members who voted on any question so as

to show whether they voted for or against it.

(3) The person presiding may give an original vote on any

matter put to the vote, and in the case of an equality of votes may

give a casting vote even though he gave an original vote

Provided that the person presiding shall not give a casting

vote if there is an equality of votes in an election for Mayor or

Deputy Mayor.

(4) Where more than two persons have been nominated for any

position to be filled by the Council and of the votes given there is

not an absolute majority of the Council as constituted in favour of

one person, the name of the person having the least number of votes

shall be struck off the list and a fresh vote taken, and so on until

such majority of votes is given in favour of one person.

4. At the first meeting of the newly elected Council the

business shall be

(a) To declare as elected or elect a Mayor, and/or

chairmen of committees or sub-committees as

required.

(b) To receive the Mayor’s and/or chairmen’s declaration

of acceptance of office or, if not then received, to

decide when it shall be received.

(c) In the ordinary year of election of the Council to fill

any vacancies left unfilled at the election by reason of

insufficient nominations.

(d) To decide when any declarations of acceptance of

office which have not been received shall be received.

(e) To elect a Deputy Mayor where such office exists.

(f)

To appoint committees.

5. After the first business has been completed, the order of

business, unless the Council otherwise decides on the ground of

urgency in terms of standing order 6, shall be as follows

(a) To read and consider the minutes

Provided that if a copy has been circulated to each

member before the meeting, the minutes may be taken

as read.

(b) After consideration, to approve that the Mayor and the

Executive Secretary sign the minutes as a correct

record.

(c) To deal with business expressly required by law or

regulation to be done.

(d) To consider any matters arising from the previous

minutes and to dispose of business, if any, remaining

from the last meeting.

(e) To receive such communications as the Mayor may

wish to lay before the Council.

(f)

To answer questions from councillors.

(g) To receive and consider reports and minutes of

committees and sub-committees.

(h) To receive and consider reports from officers of the

Council.

(i)

To authorise the sealing of documents as provided in

standing order 25.

(j)

To authorise the signing of orders for payment.

(k) To consider motions or recommendations in the order

in which they have been notified.

(l)

To deal with any other business specified in the

summons.

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

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

If there is no unanimous agreement when the next

meeting is to be held, the date and time shall be

decided by a vote requiring a simple majority.

Such date and time shall not be changed for any reason

and the Executive Secretary and the Mayor shall

ensure that the agenda of the next meeting is delivered

to the Councillors at least five working days before the

date of the meeting. In this manner the Councillors

shall have the opportunity to prepare for what will be

discussed during the meeting.

6. A motion to vary the order of business on the ground of

urgency -

(a) may be proposed by the Mayor or by any member and,

if proposed by the Mayor may be put to the vote

without being seconded, and

(b) shall be put to the vote without discussion.

7. Except as provided by these standing orders, no motion

may be put forward unless the business to which it relates has been

put on the agenda by the Executive Secretary or the mover has

given notice in writing of its terms and has delivered the notice to

the Executive Secretary at least six working days before.

8. (1) The Executive Secretary shall date every notice of

motion or recommendation when received by him, shall number

each notice in the order in which it was received and shall enter it

in a book which shall be open to the inspection of every member of

the Council.

(2) The Executive Secretary shall insert in the summons for

every meeting all notices of motion or recommendation properly

given in the order in which they have been received unless the

member giving a notice of motion has stated in writing that he

intends to move at some later meeting or that he withdraws it.

L OC A L GOVERNMENT

9. If a motion or recommendation specified in the summons is

not moved either by the member who gave notice of it or by any

other member, it shall, unless postponed by the Council, be treated

as withdrawn and shall not be moved without fresh notice.

10. If the subject matter of a motion comes within the province

of a committee of the Council, it shall, upon being moved and

seconded, stand referred without discussion to such committee or to

such other committee as the Council may determine for report

Provided that the Mayor, if he considers it to be a matter of

urgency, may allow it to be dealt with at the meeting at which it

was moved.

11. Every motion or recommendation shall be relevant to some

subject over which the Council has competence of jurisdiction as

established by this Act or which affects its locality.

12. Motions dealing with the following matters may be moved

without notice

(a) revoked by Act XXI.1999.41.

(b) To correct the minutes.

(c) To approve the minutes.

(d) To alter the order of business.

(e) To proceed to the next business.

(f)

To close or adjourn the debate.

(g) To refer a matter to a committee.

(h) To appoint a committee or any members thereof.

(i)

To adopt a report.

(j)

To authorise the sealing of documents.

(k) To amend a resolution.

(l)

To give leave to withdraw a resolution or an

amendment.

(m) To extend the time limit for speeches.

(n) To silence or eject from the meeting a member named

for misconduct.

(o) To invite a member to declare an interest in the subject

matter under debate.

(p) To give the consent of the Council where such consent

is required by these standing orders.

(q) To adjourn the meeting.

13. (1) A member may ask the Mayor and/or the Executive

Secretary any question concerning the business of the Council,

provided notice of the question has been given to the person to

whom it is addressed before the meeting begins.

(2) No questions not connected with business under discussion

shall be asked except during the part of the meeting set aside for

questions.

(3) Every question shall be put and answered without

discussion.

14. (1) No discussion shall take place upon the minutes except

upon their accuracy. Corrections to the minutes shall be made by

resolution and must be initialled by the Mayor and the Executive

Secretary.

(2) All corrections shall be initialled by the Mayor and the

Executive Secretary in the margin, and copies of corrected minutes

shall be given to each councillor.

(3) The items which have been corrected shall be clearly

i n d i c a t e d i n t h e m i n u t e s r e c o r d i n g t h e m e et i n g w h en su ch

corrections have been approved.

(4) No other item on the agenda, unless otherwise decided by

the Council, shall be discussed and considered unless the minutes

of the preceding meeting are approved and signed

Provided that the Council may only decide to proceed with

the business on the agenda without discussion, consideration or

approval of the minutes of the preceding meeting if and when the

meeting is an urgent meeting of the Council or, where the minutes

have not been duly prepared due to circumstances which the

Council considers to be reasonable and the Council shall not decide

on the reasonableness unless the Executive Secretary has duly

info rmed the Cou ncil of the r eason s w hich m ay justi fy t he

circumstances for failing to present the minutes.

14A. (1) The minutes shall be the formal records of the

proceedings of the Council meetings and shall be drawn up by the

Executive Secretary.

(2)

The minutes shall be -

(a)

brief, so as to provide a record of the subject matters

discussed and the decisions reached;

(b) accurate, so that they present a true record of the

proceedings; and

(c) clear, so that those absent from a meeting can be fully

informed of the proceedings and so that there is no

doubt about previous deliberations.

(3)

The minutes shall contain -

(a) the number and date of the meeting, including the time

of commencement and ending;

(b) the members present, who is in the chair, and

apologies for absence;

(c) numbered paragraphs;

(d) all motions and amendments in the exact form that

they are proposed, and the names of the proposer and

seconder;

(e) the results of any voting, with special mention of

casting vote, when exercised;

L OC A L GOVERNMENT

(f)

the Chairman’s decision on points of order;

(g) the entry and exit times of Councillors;

(h) the date and time of the next meeting.

(4) There shall also be attached to the minutes any

documentation which is deemed necessary in order to keep the

minutes as brief as possible, such as motions and schedules of

payment.

(5) The minutes held by the Executive Secretary, as approved

by the Council, shall be deemed to be the official minutes of the

Council.

(6) The minutes become public documents as soon as they are

approved by the Council and signed by the Chairman and the

Executive Secretary;

(7) When the minutes are approved, the Chairman shall also

put his initials on each page.

(8) The Executive Secretary shall cause the approved minutes

to be properly filed and he shall be responsible for their safe

custody. The Executive Secretary shall also ensure that the

approved minutes are posted on the official website of the Council.

(9) A Council may, by resolution, approve the recording or

other registration of proceedings for the purpose only of facilitating

the drawing up of the minutes. Such recordings or registrations may

be destroyed after the approval of the minutes of the meeting to

which they relate.

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

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

presiding the meeting shall request that the motion is seconded. If the

motion is not seconded, the motion shall not stand. In such a case the

Executive Secretary shall take note of the whole content of the motion

put to the vote, including who has proposed it, and shall indicate that it

has not been seconded and that the motion shall not stand.

(2) A member when seconding a motion or amendment may, if

he then declare his intention to do so, reserve his speech until a

later period of the debate.

(3) A member shall direct his intervention to the question

under discussion or to a personal explanation or to a question of

order.

(4) An intervention by a mover of a motion shall not exceed ten

minutes, and no other intervention shall exceed five minutes,

except by consent of the Council.

(5)

An amendment shall be either

(a) To leave out words.

(b) To leave out words and insert or add others.

(c) To insert or add words.

(6) An amendment shall not have the effect of negating the

motion before the Council.

(7) If an amendment be carried, the motion, as amended, shall

take the place of the original resolution and shall become the

resolution upon which any further amendment may be moved.

(8) A further amendment shall not be moved until the Council

has disposed of every amendment previously moved.

(9) A member, other than the mover of a motion, shall not,

without leave of the Council, speak more than once on any

resolution except to move an amendment or further amendment, or

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

explanation, or to move a closure.

(10) A member shall be heard forthwith when he intervenes to

make a point of order or a personal explanation. A personal

explanation shall be confined to some material part of a former

intervention by him which may have been misunderstood.

(11) A motion or amendment may be withdrawn by the proposer

with the consent of the Council, which shall be signified without

discussion, and no member may speak upon it after permission has

been asked for its withdrawal unless such permission has been

refused.

(12) When a motion is under debate no other motion shall be

moved except the following

(a) To amend the motion.

(b) To proceed to the next business.

(c) To adjourn the debate.

(d) That the question be now put.

(e) That a member named be not further heard.

(f)

That a member named do leave the meeting.

(g) That the motion be referred to a committee or sub-

committee.

(h) To adjourn the meeting.

16. A member shall remain seated when speaking unless

permitted to stand by the Mayor.

17. (1) The Mayor shall give ruling -

(a) on a point of order;

(b) on the admissibility of a personal explanation; or

(c) on the orderly conduct of any member as provided in

standing order 20.

(2)

The rulings given by the Mayor shall not be discussed.

18. (1) Members shall address the Mayor.

(2) If two or more members wish to intervene, the Mayor shall

call upon one of them to speak first.

(3) Whenever the Mayor or a member is speaking during a

debate, all other members shall remain seated.

L OC A L GOVERNMENT

(4) At the end of any intervention a member may, without

comment, move "that the question be now put", "that the debate be

now adjourned" or "that the Council do now adjourn". If such

motion is seconded, the Mayor shall put the motion but, in the case

of a motion "to put the question", he shall do so only if he is of the

opinion that the question before the Council has been sufficiently

debated. If the motion "that the question be now put" is carried, he

shall call upon the mover to exercise or waive his right of reply and

shall put the question immediately after that right has been

exercised or waived. The adjournment of a debate or of the Council

shall not prejudice the mover’s right of reply at the resumption.

19. Where a meeting is adjourned the subsequent proceedings

shall be deemed to be part of the original meeting and no new

notices or agendas need to be issued except a notification to

members not present on the date of the continuation of the meeting.

20. (1) No member shall at a meeting disregard the ruling of

the Mayor, wilfully obstruct business, or behave irregularly,

offensively, improperly or in such a manner as to scandalise the

Council or bring it into contempt or ridicule.

(2) If, in the opinion of the Mayor, a member has broken the

provisions of paragraph (1) of this standing order, the Mayor shall

express that opinion to the Council and thereafter any member may

move that the member named be no longer heard or that the

member named do leave the meeting, and the motion, if seconded,

shall be put forthwith and without discussion.

(3) If either of the motions mentioned in paragraph (2) is

disobeyed, the Mayor may suspend the meeting or take such further

steps as may reasonably be necessary to enforce them.

21. The mover of a motion shall have a right to reply

immediately before the motion is put to the vote. If an amendment

is proposed the mover of the amendment shall be entitled to reply

immediately before the amendment is put to the vote. A member

exercising a right of reply shall not introduce any new matter. After

the right of reply has been exercised or waived, a vote shall be

taken without further discussion.

22. A member may, with the consent of his seconder, move

amendments to his own motion.

23. (1) A decision (whether affirmative or negative) of the

Council shall not be reversed within six months except either by a

special resolution, the written notice whereof bears the names of at

least two members of the Council, or by a resolution moved in

pursuance of the report or recommendation of a committee or sub-

committee.

(2) When a special resolution or any other resolution moved

under the provisions of paragraph (1) of this standing order has

been disposed of, no similar resolution may be moved within a

further six months.

24. Any motion which is moved otherwise than in pursuance of

a recommendation of the committee responsible for finance or of

another comm ittee after recommendation by the committee

responsible for finance and which, if carried, would, in the opinion

of the Mayor, substantially increase the expenditure upon any

service which is under the management of or reduce the revenue at

the disposal of any committee, or which would involve capital

expenditure, shall, when proposed and seconded, stand adjourned

without discussion to the next ordinary meeting of the Council, and

any committee affected by it shall consider whether it desires to

report thereon (and the committee responsible for finance shall

report on the financial aspect of the matter).

25. (1) A document shall not be sealed on behalf of the

Council unless its sealing has been authorised by a resolution.

(2) The Council’s Seal shall alone be used for authenticating

Council documents and deeds. It shall be applied by the Executive

Secretary in the presence of two councillors who shall sign the

document as witnesses.

(3) The seal shall be kept in the custody of the Executive

Secretary.

26. (1) The Council may at its first meeting, or at any other

time, appoint such committees as are necessary, and subject to any

provision in any law or regulation

(a) may appoint persons other than members of the

Council to any committee; and

(b) may, subject to the provisions of standing order 23, at

any time dissolve or alter the membership of a

committee.

(2) The Mayor shall be an ex officio member of every

committee.

27. The Chairman of a committee may summon a meeting of

that committee at any time. An additional meeting shall also be

summoned on the requisition in writing of the Mayor or not less

than a quarter of the members of the committee. The summons shall

set out the business to be considered at the special meeting and no

other business shall be transacted at that meeting.

28. Except where ordered by the Council in the case of a

committee, the quorum of a committee shall be the least whole

number above fifty per cent of the number of members of the

committee not debarred by reason of a declared interest.

29. (1) There shall be sub-committees, whose name, their

terms of reference, and number of members, and the bodies to be

invited to nominate members shall be determined by the Council.

(2) The Executive Secretary shall inform the members of every

sub-committee of the terms of reference of the sub-committee.

(3) A sub-committee may make recommendations and give

notice thereof to the Council.

L OC A L GOVERNMENT

(4) A sub-committee may consist wholly of persons who are

not members of the Council.

(5) Sub-Committees appointed by the Council shall be directly

answerable to the Local Council.

30. (1) Members of committees or sub-committees shall vote

by show of hands.

(2) Chairmen of committees and sub-committees shall in the

case of equality of votes have a second or casting vote.

31. A councillor who has proposed a motion which has been

referred to any committee or sub-committee of which he is not a

m e m b e r, m a y e x p l a i n h i s m o t i o n t o t h e c o m m i t t e e o r s u b -

committee but shall not vote.

32.(1) (a) Orders for the payment of money shall be authorised

by resolution of the Council and signed by two councillors.

(b) The Executive Secretary shall attach a copy of the

Schedule of Payments and a copy of each related

document with the agenda when forwarding the said

agenda to the Councillors.

(c) During the meeting requests for payment received

after the agenda for that meeting was sent may be

brought up.

(d) The Executive Secretary shall mark on each invoice

the word "approved" and the date and reference of the

meeting when approval was given.

(2) Except as provided in paragraph (3) of this standing order

or by any other law or regulation, all accounts for payment and

claims upon the Council shall be laid before the Council.

(3) Where it is necessary to make a payment before it has been

authorised by the Council, such payment shall be certified as to its

correctness and urgency by the Executive Secretary. Such payment

shall be authorised by the committee having charge of the business

to which it relates, or by the Executive Secretary with the approval

of the Mayor.

(4) All payments ratified under paragraph (3) of this standing

order shall be separately included in the next schedule of payments

laid before the Council.

33. (1) Canvassing of members of the Council or of any

committee, directly or indirectly, for any appointment under the

Council shall disqualify the candidate for such appointment. The

Executive Secretary shall make known the purport of this

paragraph of this standing order to every candidate.

(2) A member of the Council or of any committee shall not

solicit for any person any appointment under the Council or

recommend any person for such appointment or for promotion.

34. (1) A councillor may for the purpose of his duty as such

(bu t n ot oth erwi se) m ake arrangem ent s wit h t he Execu tiv e

Secretary to inspect any document in possession of the Council or a

committee, and if copies are available shall, on request, be supplied

for the like purpose with a copy.

(2) All minutes kept by the Council and by any committee shall

be open for the inspection of any member of the Council and the

public.

35. No member of the Council or of any committee or sub-

committee shall in the name of or on behalf of the Council -

(a) inspect any lands or premises which the Council has a

right or duty to inspect; or

(b) issue orders, instructions or directions;

unless authorised to do so by the Council or the relevant committee

or sub-committee.

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

against the provisions of standing order 35, he shall be deemed to

be in breach of the oath of office and the provisions of article 24(2)

of the Act shall apply.

36. (1) Bye-Laws shall be enacted in both the Maltese and the

English languages and, if there is any conflict between the Maltese

and the English texts of any Bye-Law, the Maltese text shall

prevail.

(2) Draft Bye-Laws shall include the title, the objects and

reasons, short marginal notes, articles, sub-articles, paragraphs and

sub-paragraphs individually numbered.

(3) Draft Bye-Laws duly signed by a proposer and a seconder

shall be put on the agenda of a Council not less than four weeks and

not more than eight weeks from the date on which they have been

received by the Executive Secretary.

(4) The Executive Secretary shall, on receipt of draft Bye-

Laws, cause a copy thereof to be transmitted or delivered to each

councillor in both languages. Should the Minister forward to the

Council any amendments to the proposed Bye-Laws, such

amendments shall likewise be transmitted or delivered to each

councillor by the Executive Secretary forthwith

Provided that the draft Bye-Laws or any amendments

thereto shall be transmitted or delivered to each councillor in type-

written or printed form.

(5) When draft Bye-Laws are brought up for discussion by the

Council, the proposer shall summarise the objects and reasons for

the motion in an intervention which shall not exceed five minutes.

No debate shall be held on the motion and the chairman of the

meeting shall bring the objects and reasons of the draft Bye-Laws

to a vote.

(6) Once the objects and reasons have been approved, the

Council may at the same sitting proceed to discuss the draft Bye-

Laws article by article allowing for the draft Bye-Laws and any

L OC A L GOVERNMENT

amendments thereto to be approved by a majority of those present

Provided that amendments to the draft Bye-Laws shall be

relevant to the subject matter of the Bye-Laws.

(7) On the approval of all articles by the Council, the Mayor

may order that, in the case where amendments have been made, a

newly typed version be produced and shall cause a copy thereof to

be transmitted or delivered to each councillor and submitted to the

Director in terms of article 35(3).

(8)

(a)

After the lapse of the period of six weeks established

by article 35(4) of the Act or after the Council has

received any amendments by the Minister, whichever

is the earlier, the Council shall either discuss the

amendments proposed by the Minister or approve the

Bye-Laws as originally proposed, as the case may be.

(b)

If the Minister has not proposed any amendments as

aforesaid, the Bye-Laws as originally proposed shall

be approved without debate.

(9) Draft Bye-Laws which are not approved by the Council or

which are objected to by the Minister shall not be tabled again

before a period of six months from the date when they have been

objected to or not approved as the case may be.

37. (1) Should the Council be consulted by the Planning

Authority or by any other competent authority about an application

or applications for planning or any other permission, the Executive

Secretary shall, as soon as the request is received, enter in a book

kept for the purpose the following particulars of each consultation

(a) the date on which the request was received;

(b) the name of the authority consulting the Council;

(c) the name of the applicant;

(d) the place to which it relates; and

(e) a summary of the nature of the application.

(2) The Executive Secretary shall refer every request for

consultation to the Mayor within forty-eight hours of receiving it.

(3) The Mayor may act in conformity with delegated powers

from the Council or shall refer the request to the Council or a

committee of the Council previously empowered by the Council to

handle such requests.

38. Local Councils shall follow such procurement guidelines

issued in terms of article 80, from time to time by the Director.

39. The

Council

shall

deal

with

complaints

of

maladministration allegedly committed by the Council or by any

officer or member in the manner which the Minister may by

regulations prescribe.

40. A copy of these standing orders shall be given to each

member by the Executive Secretary upon delivery to him of the

member’s declaration of acceptance of office.

L OC A L GOVERNMENT

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 35 Procedure for making Bye-laws. — LOCAL GOVERNMENT ACT Open official source

(1) A Local Council shall, on application, furnish to any

person a copy of the proposed bye-laws, or of any part thereof, without

payment.

(2) The Executive Secretary shall submit to the Director a

copy of the proposed Bye-Laws after these have been discussed and

approved by the Council.

(3) If within eight weeks from the receipt of the proposed Bye-

La ws by the Direc tor, the M inis ter dec ides to propose a ny

amendments he shall inform the Council in writing of any such

amendments.

(4) After discussing the amendments proposed by the Minister,

if any, the Council may either approve or not approve the Bye-

Laws. If the Council so approves, the Executive Secretary shall

forward a copy of the approved Bye-Laws to the Minister.

(5) The Minister shall have the right to object to any bye-law

approved by any Council and shall signify such objection and the

justification thereof in writing to the Council by not later than eight

weeks.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Seventh Schedule — LOCAL GOVERNMENT ACT Open official source

Substituted by

XXI. 1999.39.

[Article 4, 25]

Amended by

I. 2005.23;

Part I

XVI. 2009.46.

Election of Mayor and Deputy Mayor

Substituted by

L.N. 213 of 2011.

Voting Procedure

The Executive Secretary shall cause the name of the elected Mayor and of

the Deputy Mayor to be published in the Gazette together with the date of the

election and in the case that the Mayor or the Deputy Mayor has not been elected,

the name of the councillor who assumed the functions of Mayor or Deputy Mayor, as

the case may be, and the date of assuming the office.

Part II

Election of Mayor and Deputy Mayor where no political party

obtains an absolute majority of seats

1. At the meeting at which the Major and, or Deputy Major is, are to be

elected, councillors shall forthwith proceed with the election procedure in

accordance with the Standing Orders and the following provisions.

2. The councillors shall elect the Mayor and the Deputy Mayor by separate

open ballots.

3. Each councillor may nominate any other councillor as Mayor or Deputy

Mayor and in the event of two or more nominations for the same post, voting will be

taken in alphabetical order of surnames and, if two or more candidates have identical

surnames and names the order of precedence will be determined by lot.

4. A councillor will vote by stating in an audible voice "Yes", "No" or

"Abstain" for each candidate in the said order. A refusal to express a preference (by

any councillor present at the meeting) shall be counted as an abstention. The

Executive Secretary shall record the vote expressed by each councillor.

5. The first candidate to obtain a simple majority of the votes cast by the

councillors shall be elected. If no candidate is so elected the voting shall be repeated

for five other times in the same sitting.

6. If, for any reason whatsoever, the Council is unable to select a Mayor or

Deputy Mayor after having taken six consecutive votes in the same sitting, the

meeting will be adjourned to the same day, time and place of the following week and

the procedures set out in regulations 1 to 5 of this Schedule shall be repeated;

provided that if after a further six consecutive votes have been taken, the Council is

still unable to elect the Mayor or Deputy Mayor, the councillor who, at the last local

elections for that locality, obtained the highest number of votes in the first count

from among the councillors belonging to the political party which obtained the

highest number of votes in the first count at the last local elections for that locality,

(or if he refuses the person with the second highest number of votes and so on), will

assume the functions of Mayor or Deputy Mayor, as the case may be; and if the said

councillors all refuse to assume the functions of Mayor or Deputy Mayor, as the case

may be, according to this procedure, the councillor most senior in age (or if he

refuses, the person next senior in age and so on) will assume the functions of Mayor

or Deputy Mayor, as the case may be, for a period of three months.

7. The preceding voting procedures shall be repeated after the lapse of the

three months and, if necessary, after each subsequent three monthly term, until such

time as the Mayor or Deputy Mayor is elected in accordance with the procedures set

out in this Schedule.

8. The Executive Secretary shall cause the name of the elected Mayor and of

the Deputy Mayor to be published in the Gazette together with the date of the

election and, in the case where the Mayor or the Deputy Mayor has not been elected,

the name of the councillor who assumed the functions of Mayor or Deputy Mayor, as

the case may be, and the date of assuming the office.

L OC A L GOVERNMENT

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 36 Penalties for contravention of Bye-laws. — LOCAL GOVERNMENT ACT Open official source

(1) Except as provided by any other law, a person who

contravenes a bye-law shall be guilty of a contravention and shall

be liable to the punishment of a fine (ammenda) not exceeding

seventy euro (€70) and, in the case of a continuing offence, a

further fine (ammenda) not exceeding fifteen euro (€15) for each

day on which the offence continues after conviction

Provided that the Minister may, from time to time, by notice

in the Gazette prescribe higher penalties which in no case shall

exceed a fine (ammenda) of two thousand euro (€2,000) and, in the

case of a continuing offence, a further fine (ammenda) not

exceeding five hundred euro (€500) for each day.

(2) Unless otherwise provided by this article, the

contraventions referred to in sub-article (1) shall be deemed to be

scheduled offences for the purposes of the Commissioners for

Justice Act and the provisions of the said Commissioners for

Justice Act shall apply mutatis mutandis to any proceedings in

respect of such contraventions under this Act.

(3) A Commissioner for Justice shall, where he is to consider

charges regarding any infringement of any Bye-laws, sit in the

Local Tribunal established in terms of the Commissioners for

Justice Act, which shall either be the administrative offices of the

Council concerned or any other place so designated by the Minister

after consultation with the Council.

(4) The Executive Secretary shall be the prosecutor in any such

hearing and shall have the same powers assigned to the Executive

Police under the Commissioners for Justice Act. Service of any

summons shall be effected by the Executive Secretary in the

manner provided in article 6(2) of the Commissioners for Justice

Act or by the Executive Police or by a community officer as

provided in sub-article (1) of the said article

Provided that the functions of the Executive Secretary

under this sub-article and under sub-article (6) may be delegated to

any other person or persons as the Council may by resolution

determine.

(5) The amount of any fine (ammenda) shall be due to the

Council of the locality where the contravention occurs and shall be

paid to the Executive Secretary.

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

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

more of the offences listed in the Schedule to the Commissioners for

Justice Act and whenever any such order is made prosecution in

relation to such infringements shall be conducted by the Executive

Secretary before the Commissioner for Justice who shall sit in any

place as designated under sub-article (3).

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 36A Abrogative referenda. — LOCAL GOVERNMENT ACT Open official source

(1) Subject to the provisions of this article, Part V of the

Referenda Act shall apply to any bye-law made by any Local

Council under the provisions of this Act.

(2) The provisions of Part V of the Referenda Act shall, for the

purposes of this article, be applicable as follows

(a) article 14 of Part V shall apply as if the reference

therein to ten per cent of the total number of persons

registered as voters in sub-article (1) thereof were a

reference to ten per cent of the total number of persons

registered as voters in elections for local councillors

for the locality which has made the bye-law to which

L O C AL GOVERNMENT

the declaration applies;

(b) article 15 of Part V shall apply as if the reference in

sub-article (1) thereof to the electoral district wherein

the voter is registered were a reference to a locality for

the election of whose local councillors the voter is

registered;

(c) article 16 of Part V shall apply -

(i)

as if the reference to any person registered as a

voter for the election of members of the House

of Representatives in sub-article (1) thereof

were a reference to any person registered as a

voter for the election of local councillors for the

Local Council of the locality making the relative

bye-law;

(ii) as if the reference in sub-article (1) of article 14

of the Referenda Act in paragraph (a) of sub-

article (1) thereof were a reference to that sub-

article as applicable in accordance with

paragraph (a) hereof;

(iii) as if the reference to the Constitution and the

European Convention Act in paragraph (c) of

sub-article (1) thereof were also a reference to

this Act; and

(iv) as if sub-article (3) thereof required service of

any application also on the mayor of the Local

Council making the bye-law, which service

shall, for the purposes of sub-article (5) thereof,

be made at the office of the relative Local

Council; and

(d) paragraph (b) of sub-article (1) of article 19 shall not

apply.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Eighth Schedule — LOCAL GOVERNMENT ACT Open official source

Amended by

L.N. 255 of 1998;

[Article 55]

L.N. 77 of 2001;

L.N. 153 of 2002;

XII. 2002.12;

L.N. 76 of 2005;

L.N. 372 of 2007;

L.N. 161 of 2008;

Substituted by

XVI. 2009.47.

Financial Allocation to Local Councils shall cover the following

1. Landscaping and Maintenance of Parks and Gardens;

2. Roads Maintenance and Roads Fixtures;

3. Waste Management; and

4. Administration;

as worked out in the table below

1. The Formula

Category

Apportionment Denominator

1. Landscaping and Maintenance of Parks and Gardens

Parks and Gardens and Soft Areas

relevant areas

2. Roads Maintenance and Infrastructure

a = 13%

road lengths for

b = 17%

Road Sweeping and Weed Cutting

the four categories

c = 43%

of urban roads

d = 27%

Cleaning of Roads (non-urban)

road lengths -

non-urban zone

70%

road lengths -

urban zone

Maintenance of Roads, Bus Shelters, Roads Signs,

Markings and Road Lamps

30%

road lengths -

non-urban zone

3. Waste Management

Refuse Collection and Bins on Wheels

number of

properties

4. Administration

Administration costs

number of

councillors

The apportionment for each category will be worked out as follows

1.1

Landscaping and Maintenance of Parks and Gardens

Total area of parks gardens, soft areas and verges in each locality in proportion to

the total area of parks, gardens, soft areas and verges of all the localities added

together

multiplied by

Total apportionment allocated by Government for the maintenance of parks,

gardens, soft areas and verges

1.2

Roads Maintenance and Road Fixtures

2a.

Road Sweeping and Weed Cutting of Urban Roads

Total length of urban roads per category of road (a, b, c and d) in each locality in

proportion to the total length of urban roads in of all localities added together per

category (a, b, c and d) respectively

multiplied by

Total apportionment allocated by Government for the cleaning of urban roads per

category (a, b, c, d) respectively

Where a, b, c and d are the road lengths for the four categories of urban roads of

locality determined according to the frequency of cleaning required.

2b.

Cleaning of Non Urban Roads

Total length of non urban roads in each locality in proportion to the total length of

non-urban roads in all the localities added together

multiplied by

Total apportionment allocated by Government for the cleaning of non-urban roads

2c. Maintenance of Roads, Bus Shelters, Roads Signs, Markings and Road

Lamps

[(Total length of non urban roads in each locality in proportion to the total length

of urban roads in all of the localities added together multiplied by 30%)

added to

(Total length of urban roads in each locality in proportion to the total length of

roads in all of the localities added together multiplied by 70%)]

multiplied by

Total apportionment allocated by Government for the maintenance of roads, bus

shelters, roads signs, markings and road lamps

1.3

Waste Management

Total number of properties in each locality in proportion to the total number of

properties in all of the localities added together

multiplied by

Total apportionment allocated by Government for waste management

1.4

Administration

Total number of councillors in the locality in proportion to the total number of

councillors in all of the localities added together

multiplied by

Total apportionment allocated by Government for administration.

2. Explanatory Note

The workings related to the four functions in Section 1 of this Schedule are

explained in detail in the document titled ‘Funding Module for Local Government

2009’ held by the Department for Local Government.

L OC A L GOVERNMENT

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 37 Co-operation with other Councils. — LOCAL GOVERNMENT ACT Open official source

(1) Two or more Local Councils may discharge any of

their functions jointly and they may also arrange for the discharge

of these functions by a joint committee of theirs or by an officer of

one of them.

(2) Local Councils having an arrangement as provided in sub-

article (1) may meet in joint session to discuss the discharge of the

functions to which the arrangement relates and all councillors shall

be entitled to participate and vote where required unless the

arrangement otherwise provides.

(3) Local Councils shall form part of an association recognised

as such by the Government for the protection and promotion of

their common interests as well as belong to international

associations of local government authorities.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 37A Regional Councils. — LOCAL GOVERNMENT ACT Open official source

(1) There shall be six regions as established in the

Eleventh Schedule.

(2)

(a) Each Regional Council shall be chaired by a Chairman

t o be elected from am ong all Cou ncill ors of the

localities forming that Region.

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

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

forming part of the same region or is an elected

councillor in a Local Council which forms part of that

region, or is the President in office up to the date of the

opening of nominations for the election.

(c) Each Mayor forming part of that Region shall appoint its

representative to form part of the Regional Council.

(d) The Regional Deputy Chairman shall be appointed

from among the members of the Regional Council

appointed by the Local Councils.

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

Association shall not be councillors, and if a councillor in

office is elected to any of such offices, he shall resign

from being a councillor.

(3) The Regional

Council

is

another

level

of

Local

Government.

(4) The geographical distribution of the regions as established

in the Eleventh Schedule shall be officially recognized by any

entity whether governmental or not.

(5) The Regional Council shall appoint a person to act Executive

Secretary to the same Council.

(6) Any change of a locality from one region to another may be

made by the Minister after consultation with the Local Councils

Association and shall be effected after considering the

geographical aspect, the total population in each region and the

number of Local Councils in each region.

(7)The functions of Regional Councils shall be those established

by the Minister by regulations to be made following consultation

with the Local Councils Association.

(8) The Regional Councils may also make bye-laws according

to articles 34, 35, 36 and 36A which shall mutatis mutandis apply

to the making of such bye-laws.

(9) The Regional Councils shall be appointed for such time as

provided for in the Local Councils (Association) Regulations.

(10) The Minister may also by regulations establish the practice

and procedure relating to the working of the Regional Council.

(11) The Presidents of the Regional Committees whose mandate

expires in 2022 will continue to retain such mandate even if any

one of them is not elected as a councillor in the Local Elections

held on 25 May 2019

Provided that the Regional Presidents whose mandate

expires in 2022 shall renounce to the office of councillor if they are

re-elected to the council in the local elections held on 25 May 2019,

in the event that the Regional Presidents want to hold the office of

Regional Council Presidents, such condition to resign shall not be

L O C AL GOVERNMENT

applicable to the President of the Association and the members of

the Association elected from the general list

Provided further that the provisions mentioned in the proviso of

this article shall be with effect from 24 June 2019.

(12) Each year the Minister responsible for finance shall allocate a

provision under the Appropriation Act which will serve for the

exercise of the functions of Regional Councils. The amount

appropriated shall be established according to a formula determined by

regulations issued by the Minister.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 37B Functions of Regional Councils. — LOCAL GOVERNMENT ACT Open official source

The functions of Regional Councils shall be the following

(a) the issuance of a call for tenders for the service to

local councils within them for waste management and

this shall come into effect from the year 2022, and this

without prejudice to the functions of the local councils

in terms of article 33(1)(b);

(b) the social aspect, which includes researches and report

of social impact evaluations, which report shall be

made within the first year of each legislature;

(c) the provision of assistance to local councils within the

region, which assistance includes the provision of

professional services including the environmental

sector, social, cultural, touristic and information

technology;

(d) the provision of assistance to local councils within the

region to benefit and successfully manage programmes

which are funded by the European Union;

(e) the provision of subsidy to students for researches

regarding aspects relating to the region;

(f)

the coordination with local councils of sports and

physical activities and initiatives, including those

relating to welfare;

(g) the coordination with ministries, departments and

Government entities to facilitate the work of local

councils, including coordination with the maintaining

order sections;

(h) to give an opinion regarding the Local Plan and the

same opinion will be attached to the report submitted

to the House;

(i)

the preparation, on an annual basis, of a Work Plan which

includes the Region’s financial needs and human

resources.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Ninth Schedule — LOCAL GOVERNMENT ACT Open official source

Added by

XXI. 1999.42.

[Article 47]

Amended by

L.N. 48 of 2002;

XVI. 2003.24;

L.N. 82 of 2007;

XVI. 2009.48;

L.N. 179 of 2010;

L.N. 230 of 2011.

Listed communities in terms of article 47A and the plans delineating their

boundaries and respective roads, the following: *

Fleur-de-Lys in the locality Birkirkara

Santa Luċija in the locality Ta’ Kerċem

Gwardamanġa in the locality Tal-Pietà

Paceville in the locality San Ġiljan

Kappara in the locality San Ġwann

Madliena in the locality Is-Swieqi

Marsalforn in the locality Iż-Żebbuġ

Bubaqra in the locality Iż-Żurrieq

Xlendi in the locality Il-Munxar

Tal-Virtù in the locality of Ir-Rabat

Ħal Farruġ in the locality of Ħal Luqa

St Peter’s in the locality of Ħaż Żabbar

Is-Swatar in the localites of Birkirkara and L-Imsida

Burmarrad in the locality of San Pawl il-Baħar

Il-Baħrija in the locality of Ir-Rabat

Baħar iċ-Ċagħaq in the locality of Naxxar

* See Maltese version for plans and respective roads of localities mentioned hereunder.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 38 Right of Local Councils to a judicial remedy. — LOCAL GOVERNMENT ACT Open official source

Local Councils and Regional Councils shall have the right

to challenge in court any decision which in any way interferes with

the free exercise of their powers granted by this Act.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Tenth Schedule — LOCAL GOVERNMENT ACT Open official source

Substituted by

XXI. 1999.40;

[Article 72]

L.N. 19 of 2001;

L.N. 79 of 2002;

Time-table of Elections for Local Councils

L.N. 117 of 2003;

L.N. 326 of 2004;

L.N. 111 of 2006;

L.N. 128 of 2008.

Amended by

XVI. 2009.49.

(Deleted by Act XL. 2015.7.).

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 39 Competition. — LOCAL GOVERNMENT ACT Open official source

For the purpose of discharging any functions in pursuance

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

Council, shall contract out and expose to competition any of the

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

52 and 53 or by another Local Council or Regional Council which

has exposed or is to expose the carrying out of the functions to

competition

Provided that no councillor or a Local Council or Regional

Council employee or any company in which such councillor or

employee has a majority shareholding or controlling interest, shall

tender or submit quotations for any works, goods or services or for

the transfer of any land for which a call for tenders or quotations

has been issued by the Council of which he is such a member or

employee

Provided further that with the approval of the Minister, a

Local Council or Regional Council may make arrangements with

any public body, government department or other Local Council or

Regional Council, for -

(a) the supply by one party to the other of any goods;

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

administrative, professional or technical services;

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

belonging to the other and the placing at the disposal

of the first-mentioned party of the services of any

person employed in connection with the vehicle, plant

or apparatus in question; and

(d) the provision or maintenance by one party of any

works, facility, amenity, equipment or thing for the

provision or maintenance of which the other is

responsible,

on such terms as may be agreed according to arrangements reached

between the parties.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Eleventh Schedule — LOCAL GOVERNMENT ACT Open official source

Added by

XVI. 2009.50.

[Article 37]

Amended by

L.N. 231 of 2011;

Regions

L.N. 313 of 2011.

Substituted by

XIV.2019.71

Western

Southern

Northern

Eastern

Port Region

Gozo Region

Region

Region

Region

Region

Il-Mellieħa

Il-Gżira

L-Imdina

Il-Belt

Ħal

Ir-Rabat

Valletta

Qormi

(Ċittà

(Ċittà Victoria)

(Ċittà

(Ċittà

Notabile)

Umilissim

Pinto)

a)

L-Imġarr

Pembroke

Is-Siġġiewi

Il-Birgu

Iż-Żejtun

Il-Fontana

(Ċittà

(Ċittà

(Ċittà

Beland)

Ferdinand)

Vittoriosa)

Il-Mosta

San Ġiljan

Ħaż-Żebbuġ

L-Isla

Birżebbuġa

Għajnsielem

(Ċittà Rohan)

(Ċittà Invicta)

In-Naxxar

L-Iklin

Ħad-Dingli

Bormla

Ħal Għaxaq

L-Għarb

(Ċittà

Cospicua)

San Pawl il-

Tas-Sliema

Ir-Rabat

Ħaż-Żabbar

Santa Venera L-Għasri

(Ċittà

Baħar

Hompesch)

Ħ’Attard

Is-Swieqi

Ħal Kirkop

Floriana

Marsaskala

Ta’Kerċem

Ħal Balzan

Ta’ Xbiex

L-Imqabba

Il-Fgura

Marsaxlokk

Il-Munxar

San Ġwann

Ħal

Il-Qrendi

Il-Kalkara

Santa Luċija

In-Nadur

Għargħur

L-Imtarfa

Ħal Lija

Ħal Safi

Ħal Tarxien

Il-Gudja

Il-Qala

Birkirkara

Iż-Żurrieq

Paola

Il-Ħamrun

San Lawrenz

L-Imsida

Ix-Xgħajra

Ħal Luqa

Ta’ Sannat

Tal-Pietà

Il-Marsa

Ix-Xagħra

Ix-Xewkija

Iż-Żebbuġ

L OC A L GOVERNMENT

*

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 40 Acquisitions. — LOCAL GOVERNMENT ACT Open official source

Any acquisition by the Local Council or Regional Council

shall be made in accordance with the Local Government Procurement

Regulations.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Twelfth Schedule — LOCAL GOVERNMENT ACT Open official source

Added by

XIV. 2019.72.

[Article 82]

Protocol for Regional Presidents, Mayors and

Councillors and President of the Local Councils

Association

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 41 Projects co- financed by the European Union. — LOCAL GOVERNMENT ACT Open official source

With respect to projects co-financed by the European Union,

the tendering procedures shall be in accordance with the rules of the

European Union and in accordance with the Local Government

Procurement Regulations.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Thirteenth Schedule — LOCAL GOVERNMENT ACT Open official source

Added by

XIV. 2019.72.

[Article 83]

Code of Ethics for Elected Representatives of Local

Councils

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 42 Arrangements for the supply of goods and services or interchange of staff. — LOCAL GOVERNMENT ACT Open official source

Repealed by XXI.1999.22.

L O C AL GOVERNMENT

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Fourteenth Schedule — LOCAL GOVERNMENT ACT Open official source

Added by

XIV. 2019.72.

[Article 33B]

Responsibilities of the Councillors

List of Responsibilities

*Kindly go to the Maltese Text Kap.363 to find Schedules.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 43 Standing Orders. — LOCAL GOVERNMENT ACT Open official source

(1) During the meetings the Local Councils and the

Regional Councils shall follow the standing orders in the Sixth

Schedule to this Act.

(2) Local Council and Regional Council meetings shall be held

at least once a month.

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

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

then 7.00 pm and shall not last for more than three (3) hours, unless

otherwise unanimously agreed to.

(4) Other meetings may be convened as unanimously agreed to

by the councillors

Provided that the times established for statutory meetings of

the Local Council may be set otherwise if for reasons of convenience

all the councillors agreed to this.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 44 Admission of public to meetings and streaming on the internet. — LOCAL GOVERNMENT ACT Open official source

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

Council shall be open to the public and it shall be streamed and kept on

demand on the internet in an audiovisual form on the Local Council’s

and Regional Council’s website.

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

the Council resolves itself into committee, the proceedings in

committee shall for the purposes of this Act be treated as forming part

of the proceedings of the meeting of the Local Council or the Regional

Council.

(3) Nothing in this article or in article 46 shall affect or

derogate from any power of excluding persons from a meeting for

the purpose of suppressing or preventing disorderly conduct or

other misbehaviour at, or disturbance of, the meeting.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 45 Information to be given as to meetings. — LOCAL GOVERNMENT ACT Open official source

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

upon payment of required fee for the supply of any such

permissible information, furnish –

(a) a copy of the agenda and accompanying documents

directly related to the agenda and which are to be

discussed at the meeting as circulated to members of the

Local Council or Regional Council; and

(b) such further statements or particulars and copies of

such other documents as are necessary to indicate the

nature of any item included in the copy of the agenda

so supplied.

(2) Any person who requests information from a Local Council

in accordance with sub-article (1) and who is dissatisfied with the

Council’s response to his request may apply to the Information and

Data Protection Commissioner for a decision whether, in any

specified respect, his request has been dealt with in accordance

with the requirements of this Act and any regulations made

hereunder.

(3) Part IV of the Freedom of Information Act, other than

article 26, as well as articles 39, 40 and 43 of the same Act, shall

apply mutatis mutandis to requests for information under this

article, save that references to a code of practice in Part IV of the

Freedom of Information Act shall be construed as referring to any

code of practice on the disclosure of information that may be issued

by the Minister through regulations under this Act; but the

application of the Freedom of Information Act in terms of this sub-

article shall not be dependent on the issue of such a code.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 46 Facilities for media representatives. — LOCAL GOVERNMENT ACT Open official source

The Executive Secretary shall cause to be made available to

duly accredited representatives of the media attending for the

purpose of reporting proceedings at the meeting reasonable

facilities for taking reports of these proceedings and, on payment

by those representatives or their media of any expenses which may

be incurred, for transmitting such reports to their media.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 47 Committees of Councils. — LOCAL GOVERNMENT ACT Open official source

(1) Subject to the provisions of this article, the Local Council

or the Regional Council may appoint committees for the purpose of

assisting Local Councils and Regional Councils in the execution of

their functions.

(2) Committees established under sub-article (1) shall consist of a

Chairperson from among the councillors.

(3) Committees shall remain in office until they are dissolved

by the Council or until the term of office of the Council expires.

(4) Members of committees shall not be entitled to any wage,

salary or attendance allowances.

(5) The Chairperson of the committee shall present the minutes in

the first meeting of the Council.

(6) The Executive Secretary shall be an ex officio member of the

Financial Committee.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 47A Communities. — LOCAL GOVERNMENT ACT Open official source

(1) The communities shall be those listed in the Ninth

Schedule, which Schedule shall also determine the boundaries of

each community and the roads included therein.

(2) The Minister may add or subtract from the list of

communities listed in the Ninth Schedule according to procedures

established in sub-articles (3) and (4).

(3) The Minister may from time to time after consulting the

Local Council of the locality declare an area within the locality as a

community for the purposes of the law and accordingly such

community shall be added by regulations to the Ninth Schedule.

(4) The residents of any area not included in the Ninth

Schedule may make a request to their Local Council for the

inclusion of such zone in the Ninth Schedule. The Council shall,

within one month from the receipt of the request, discuss it and

make its recommendation to the Minister who shall, within two

months from the receipt of the Council’s recommendation, take a

decision on the request.

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

found within the locality to the councillor having his residence in

this community. If more than one councillor resides in that

community, the councillors shall vote for one of the councillors

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who resides in that community and who shall be assigned the

responsibility of that community. If none of the councillors resides

in that community, the Mayor shall assign this responsibility to the

councillor who he deems merits this responsibility

Provided that for the Swatar Community there shall be

assigned two councillors, one from the locality of Birkirkara and

another from the locality of l-Imsida.

(6) There shall be a financial allocation for Communities, which

shall be part of the Local Council allocation and this shall be computed

on the basis of the same funding formula, for the Local Council, found

in the Eighth Schedule. Any decision on the use of these funds shall be

implemented after ratification by the Local Council of the locality.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 48 Council premises. — LOCAL GOVERNMENT ACT Open official source

(1) The Council shall have its administrative offices at a

place to be selected by it, and these offices shall be accessible to all

persons.

(2) The administrative offices of the Local Council shall be open

to the public on all working days including Saturday during normal

office hours as established by directives issued by the Minister after

consultation with the Association.

(3) Any meetings of the Local Council shall be held at the Local

Council’s administrative offices unless provided otherwise by a

directive of the Director after consultation with the Association only in

exceptional circumstances.

(4) All meetings held by any Local Council not in the Council’s

administrative office during the pandemic period, as from the

declaration of the National State of Emergency due to Health Reasons,

shall not be deemed as Council meetings held against the law.

PART V

Officers and Employees

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 49 Appointment of Executive Secretary and Deputy Executive Secretary. — LOCAL GOVERNMENT ACT Open official source

(1) Every Local Council shall have an Executive Secretary

and a Deputy Executive Secretary.

(2) The appointment of the Executive Secretary shall be made

by the Local Council, which nomination would have been made

under the following sub-article.

(3) The Executive Secretary shall be a public officer during the

performance of his duties, who is chosen according to those

procedures and criteria established by the Director as approved by the

Public Service Commission, without prejudice to the pool established

for this purpose.

(4) Where a Local Council fails to appoint an Executive Secretary

or Deputy Executive Secretary, the Director shall appoint an Acting

Executive Secretary or Acting Deputy Executive Secretary.

(5) An Executive Secretary may be removed or transferred from

one Council to another or in the Department in accordance with

provisions of sub-article (6) after the request is evaluated by a board

appointed for such purpose by the Minister. This board shall be a

statutory board of not less than three (3) persons.

(6) An Executive Secretary may be removed or transferred in

accordance with the provisions of sub-article (5) for one of the

following reasons

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

after a motion has been put forward stating the justified

and substantiated reasons for his removal and after

approval by the Local Council or Regional Council; or

(b) at the request of the Executive Secretary himself

providing the reasons why he wants to terminate his

office within the Council or;

(c) at the request of the Director following shortcomings

shown in the local auditors’ report or following a

reconnaissance by the Director, it results that the

Executive Secretary has committed any abuse or

permitted the commission of abusive practices and

contraventions of the law and of local council

regulations

Provided that in each case removal from office or the

transfer of an Executive Secretary shall not preclude the taking of

disciplinary action under the Public Administration Act

Provided also that when a motion is put forward as provided in

paragraph (a), the Executive Secretary shall be suspended from office

with right of pay until a decision or otherwise is take with regards to

his suspension. During this period of time the Executive Secretary

shall report for work at the Department.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 50 Appointment of deputy Executive Secretary. — LOCAL GOVERNMENT ACT Open official source

Subject to the provisions of articles 49 and 53, a Local

Council shall designate a Deputy Executive Secretary from the

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

functions of the Executive Secretary whenever the office of

Executive Secretary is vacant or the Executive Secretary is for any

reason unable to act. The Executive Secretary shall give due notice

to the Council in writing of any instance where he is unable to act

Provided that if in that particular Local Council none of the

employees are of the scale required, the Deputy Executive Secretary

shall be designated from another Local Council as long as he has the

required qualifications.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 51 Full-time Executive Secretary. — LOCAL GOVERNMENT ACT Open official source

An Executive Secretary shall only act on a full-time basis.

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Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 52 Functions of Executive Secretary. — LOCAL GOVERNMENT ACT Open official source

(1) The Executive Secretary shall be the executive,

administrative and financial head of the Council.

(2) Without prejudice to any provision of this Act, the

Executive Secretary shall -

(a) issue all notices, prepare the agenda in consultation

with the Mayor and attend all meetings;

(b) draw up and sign the minutes of Council and

committee meetings

Provided that the Executive Secretary may

nominate and the Council may approve, another

person to act instead of the Executive Secretary in

relation to any committee appointed by the Council;

(c) submit a detailed annual administrative report to the

Mayor who shall submit it to the Council for its

approval;

(d) cause to be submitted to the Council estimates of the

income and expenditure of the Council during the next

following financial year;

(e) carry out any other administrative duties as may be

detailed by the Mayor, in accordance with policies

decided and delegated by the Council;

(f)

issue all orders bearing an expense as approved by the

Council;

(g) execute the legitimate decisions of the Council and

stop any activity or initiative planned by the Council

and which is in breach of the law, regulations, national

or local strategies or policies, or any activity or

initiative which has not been approved by a Council

decision.

(h) be responsible for the management both of the

employees of the Local Council and Regional Council

as well as of the workers assigned to the Local Council

and Regional Council; and

(i)

perform those other duties as stipulated in the Local

Government (Human Resources) Regulations.

53.(1) (a) Subject to the provisions of article 110(6) of the

Constitution, the Local Council may appoint such other

employees as the Council thinks necessary for the

efficient discharge of functions of the Council and this

following the approval of the Department.

(b) The Council shall not purchase any clerical services.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 53A Qualifications of Executive Secretaries and Council employees. — LOCAL GOVERNMENT ACT Open official source

The Minister may, by regulations, and after consultation

with the Association prescribe the qualifications to be possessed

by, the remuneration payable to and the technical administrative

and office procedures to be followed by -

(a) any person appointed to the office of the Executive

Secretary or Deputy Executive Secretary of a Council;

and

(b) any person appointed to such other post as may be

prescribed.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 53B Removal, suspension and reinstatement of Executive Secretaries and employees of the Council. — LOCAL GOVERNMENT ACT Open official source

(1) The removal from office, suspension or re-

instatement, or any withholding of the remuneration, of the

Executive Secretary or the Deputy Executive Secretary of a

Council and of any other employees for whom qualifications are

prescribed under article 53A shall be subject to the approval of the

Director

Provided that such removal, suspension or withholding shall

only become effective from such date as may be determined by the

Director.

(2) A Council shall not, without the approval of the Minister,

remove from office or suspend, or withhold the remuneration of an

Acting Executive Secretary or Deputy Executive Secretary

appointed by the Minister under article 49(4).

(3) Employees of the Council shall be appointed for a period of

three years and their contract may be renewed for successive three

year periods under such terms and conditions as may be prescribed

under article 53A.

(4) A Council shall not, without the approval of the Minister,

remove from office or suspend, or withhold the remuneration of an

Acting Executive Secretary appointed by the Minister under article

49(4).

(5) Employees of the Council shall be appointed for a period of

three years and their contract may be renewed for successive three

year periods under such terms and conditions as may be prescribed

under sub-article (2).

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 53C Data protection. — LOCAL GOVERNMENT ACT Open official source

Unless there is a court order to the contrary, information

relating to a particular employee or office-holder, former employee or

former office-holder, or job applicant shall be treated as confidential

and shall not be made available to persons other than the members of

the Council, members of staff as delegated by the Executive Secretary,

the Minister in the exercise of his functions under this Act and the

individual concerned.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 54 Status of public officers detailed on duty with Local Councils. — LOCAL GOVERNMENT ACT Open official source

For the avoidance of doubt it is hereby declared that for

superannuation purposes service rendered by a public officer with

respect to whose temporary transfer arrangements are in force is

service rendered to the department by which he was employed

before the transfer and he shall not forfeit any pension, gratuity or

benefit under the Pensions Ordinance and the Widows’ and

Orphans’ Pensions Act.

PART VI

Finance

L O C AL GOVERNMENT

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 55 Financial allocation to Councils. — LOCAL GOVERNMENT ACT Open official source

(1) Each year the Minister responsible for finance shall

allocate a provision under the Appropriation Act which shall serve

for the exercise of the functions of Local Councils and Regional

Councils as appear under this Act.

(2) The amount appropriated shall be allocated by the Minister

to each Local Council on the basis of the formula determined in

terms of the Eighth Schedule to this Act.

(3) In allocating the appropriated amount to a Local Council,

the Minister may retain any portion of such amount after having

the

(a) advice of the Governance Board; or

(b) advice of the Director; or

(c) a recommendation from the Board appointed to

investigate any irregularity of the Local Council or

Regional Council.

(4) The Minister responsible for finance may each year

allocate a fund to compensate for the co-financing of European

Union projects.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 56 Annual budget. — LOCAL GOVERNMENT ACT Open official source

Every Council shall once during the month of January in each

financial year approve and make available its financial estimates for

the following financial year.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 57 Method of supply of funds for ordinary administration. — LOCAL GOVERNMENT ACT Open official source

The allocation mentioned in article 55 shall be made available

to Local Councils by the Minister after consultation with the

Association.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 58 Method of supply of funds for special needs.| — LOCAL GOVERNMENT ACT Open official source

The Minister may, after the approval of the Minister of

Finance, estabish special funds and make such funds available to

Local Councils. These funds shall be distributed by means of

regulations to be made by the Minister.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 59 Five-year business and financial plan. — LOCAL GOVERNMENT ACT Open official source

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

shall prepare and discuss a Working Plan which covers a five-year plan

on Local Council operation, projects and finances so as to provide a

framework for the Local Council’s annual budgets.

(2) The Council shall revise or confirm the five year plan every

year during its discussion on its annual budget.

(3) Copies of business and financial plans and revisions

thereof, shall be forwarded by the Executive Secretary to the

Minister and to the Minister responsible for finance within two

weeks of their approval by the Council.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 60 Councils may raise additional funds. — LOCAL GOVERNMENT ACT Open official source

Deleted by Act XIV.2019.52

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 61 Payments in excess of voted funds. — LOCAL GOVERNMENT ACT Open official source

The Local Council shall not authorise any works, services

and provisions the value of which exceeds the annual provision

allotted to it for that financial year and other provisions resulting

from the previous year taking into consideration the amount

forecast for payment of acts of ordinary administration

Provided that a Local Council shall prepare a plan of recovery

to address its liquidity and shall only commit itself to the statutory

functions provided for in article 33.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 62 Approval of supplementary funds. — LOCAL GOVERNMENT ACT Open official source

(1) The Minister responsible for finance may approve a

supplementary provision to be made available to Councils after due

co nsu ltation with t he Minister i f it resu lts that th e am ount

appropriated by the Appropriation Act is insufficient. Such

suppl em ent ary provision shall nevertheless be allocated to

Councils in accordance with the provisions of article 55.

(2) Where Councils receive a supplementary provision in terms

of sub-article (1), the Executive Secretary shall prepare the

necessary supplementary estimates.

(3) Any monies declared to be a surplus in any financial year

shall not be set off against the sum being voted in the

Appropriation Act for the next financial year.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 63 Limitation on investments and donations. — LOCAL GOVERNMENT ACT Open official source

The Council shall be responsible for the receipt of all

monies as are under this Act required but the Council shall have no

power to hold or invest in any commercial undertaking unless

authorised to do so in writing by the Minister.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 63A No donationb by Councils. — LOCAL GOVERNMENT ACT Open official source

Any donation whether of money or in kind by a Local Council

or Regional Council is prohibited unless it is related to a function

established by article 33 or by a directive of the Director.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 64 Minister may order production of books of accounts and other documents. — LOCAL GOVERNMENT ACT Open official source

Without prejudice to any other provision of this Act, the

Minister may, either of his own accord or at the request of the

Minister responsible for finance, by notice in writing, require the

Executive Secretary to produce such books of account, records and

any other document as may appear to him to be necessary without

giving any reason for such demand.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 65 Appointment of local government auditors. — LOCAL GOVERNMENT ACT Open official source

(1) The Auditor General shall appoint persons (to be

known as "local government auditors") to audit the accounts of a

Local Council subject to such conditions as he may deem fit. The

appointment shall be for a period of one year, renewable each year,

for a total period of not more than five consecutive years.

(2) A person shall not be qualified for appointment as a local

government auditor unless he is an individual who holds a warrant

to act as auditor issued under the Accountancy Profession Act, or is

a partnership of auditors duly registered under the said Act and -

(a) in the case of an individual, he is not -

L O C AL GOVERNMENT

(i)

a councillor of the locality whose books he is

auditing; or

(ii) in the employment of the Council of the locality or

a person who is rendering a service to the same

Local Council; or

(iii) related by consanguinity or affinity or by civil

union in the direct line, or, up to the third degree,

in the collateral line, to any councillor of that

locality;

(b) in the case of a partnership, the partners between them

possess the necessary qualifications according to

article 10 of the Accountancy Profession Act.

(3) In the exercise of their duties local government auditors

shall have access to all books, records, returns and other documents

relating to the accounts of Local Councils and may require any

person holding or accountable for any such books or documents to

appear before them at the audit.

(4) The Auditor General may appoint, either temporarily or

otherwise, persons to assist local government auditors in the

performance of their duties.

(5) The remuneration and expenses of local government

auditors, including the remuneration and expenses of persons

appointed to assist local government auditors, to such amount as is

sanctioned by the Auditor General, shall be paid out of the annual

provision made available to the Auditor General.

(6) Local government auditors shall submit their reports not

later than the end of June of each year to the Auditor General who

shall forthwith transmit copies of those reports to the Minister, to

the Director and to the respective Council. A copy of this report

shall be laid on the Table of the House by the Minister within six

weeks after receipt thereof by him.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 66 Additional auditing responsibilities. — LOCAL GOVERNMENT ACT Open official source

(1) The Minister shall, after consultation with the Minister

responsible for finance, prescribe indicators to measure the

performance of local council services, where such indicators are to

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

effectiveness between Local Councils over time. Performance

Indicators for Local Councils shall be established by the Minister

and regular appraisals by the Director on the basis of such indicators

shall be made and such appraisal shall be published.

(2) In addition to duties specified in terms of or under this Act,

local government auditors are required to satisfy themselves that a

Local Council has made proper arrangements for securing

economy, efficiency and effectiveness.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 66A Precedence for funds and special schemes. — LOCAL GOVERNMENT ACT Open official source

Local Councils shall be given precedence for the

application of funds and special schemes issued from time to time

by the Minister or the Local Government Division on the basis of

financial indicators and results, within a period of three years. This

shall be done to give note and recognition to Local Council and

Regional Councils who abide to the financial regulations.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 67 Regulations by Minister responsible for finance. — LOCAL GOVERNMENT ACT Open official source

The Minister responsible for finance may, in conjunction

with the Minister, make regulations under this Part of the Act for

the purpose of regulating the financial functions of the Council,

including the keeping of records and reporting.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 68 Powers of Minister responsible for finance under the Constitution. — LOCAL GOVERNMENT ACT Open official source

The provisions of this Part of the Act shall not prejudice

the power given to Parliament to provide for the establishment of a

Contingencies Fund and for authorising the Minister responsible

fo r f in a nc e to m a k e a d v a n c e s f ro m t he F u n d i n u rg e n t a nd

unforeseen cases in accordance with article 105 of the Constitution

of Malta.

PART VII

Miscellaneous

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 69 Appropriation of monies required to hold Council Elections. — LOCAL GOVERNMENT ACT Open official source

(1) The Minister responsible for finance shall, from time

to time by warrant under his hand addressed to the responsible

public officer, authorise and direct that all such monies as are

reasonably required for meeting any lawful expense required to be

incurred for the holding of elections of Local Councils be paid out

of the Consolidated Fund without any further appropriation under

this Act.

(2) A statement of the expenses so paid shall, so soon as

practicable, be laid on the Table of the House of Representatives.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 70 Locality Meeting. — LOCAL GOVERNMENT ACT Open official source

(1)

Local Councils shall call two annual locality

meetings–

(a) an annual meeting which shall be held not later than

the fifteenth (15) December so as to present the

financial estimates prior to the Council meeting in

which the Council shall consider the estimates for the

following financial year; and

(b) another annual meeting is to be held not later than the

fifteenth (15) April of every year in which there shall

be presented the administrative report, the financial

report and the Work Plan.

The first item on the agenda of every annual meeting shall be the

reading of the minutes of the previous meeting.

(2) The annual locality meetings shall be held at such place as the

Local Council may determine and which is accessible to all persons. A

notice for such meetings shall be made by means of a letter sent to

every residence, business, and associations of the locality and on the

website and published on the Council’s social media not later than 15

days before the date of the meeting

Provided that such meetings may be held otherwise as provided

by a directive of the Director after consultation with the Association,

and this measure shall be taken only in exceptional circumstances.

L O C AL GOVERNMENT

(3) The Mayor shall be the Chairman at such meeting and the

Executive Secretary shall keep a record of the proceedings of the

meeting including any complaints or suggestions made during that

meeting. The minutes of such meeting shall be discussed by the

Council during the first Council meeting following the locality

meeting and the Council shall take action upon any such complaints

and suggestions related to the meeting as it may consider fit.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 71 Public consultation. — LOCAL GOVERNMENT ACT Open official source

A Council shall hold a public consultation about any issue

which falls within its competence either at its own instance or

whenever so requested by the electors listed as voters for the

locality in the last Local Councils’ Electoral Register

Provided that a petition requesting such consultation has

been signed by at least one-fifth of the electors listed as voters for

that locality in the last Local Councils’ Electoral Register where

the population of registered voters is of 3,000 or more, or by at

least one-fourth of the said electors where the population of

registered voters is less than 3,000.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 72 Power of Minister to make regulations. — LOCAL GOVERNMENT ACT Open official source

(1) Without prejudice to any power to make regulations

conferred by this Act, the Minister may make regulations not

inconsistent with or repugnant to this Act, generally for carrying

the provisions of this Act into effect.

(2) Without prejudice to the generality of the foregoing, the

Minister may in particular by regulations amend the First Schedule

subject to the provisions of article 74, and from the Fourth to the

Ninth Schedule and from the Twelfth to the Fourteenth Schedule

inclusive and any forms set out therein.

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

or authorise the making of such forms, procedures, guidelines and

directions as he may deem necessary or expedient, in relation to any

function vested in or delegated to Local Councils and Regional

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

operation, and the procurement of other services and goods, or to

establish minimum standards or to provide for such other matter as

may be ancillary or incidental to the exercise of such functions.

(4) The Minister may also, after consulting the Local Councils

Association, make regulations providing for the representation of

Maltese Local Councillors on the Committee of Regions of the

European Union and on any other international forum or institution

requiring representation of local Councillors.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 73 Offi cial Popul ation Statistics. — LOCAL GOVERNMENT ACT Open official source

The Director shall every year obtain the official population

statistics of every locality, which shall be made available to all Local

Councils.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 74 Coats-of-arms. — LOCAL GOVERNMENT ACT Open official source

(1) The Council shall be vested with the ownership of the

Coat of Arms but bona fide local associations may use the Coat of

Arms of their locality provided that such use is not for a

commercial purpose.

(2)

Local Councils shall have the right to petition the Minister

for changes in the design of the coat-of-arms after a resolution to

that effect has been carried by a two-thirds majority of the Council

and the Minister shall consider such request.

(3) The Minister shall thereupon appoint an ad hoc committee

of three persons, one from the Local Council concerned, one

representing the Minister and an expert in heraldry to advise him on

the proposed changes. The Minister’s decision shall be final.

(4) Localities which are historically known as cities shall be

distinguished as such by a distinctive mark in their coat-of-arms as

shown in the First Schedule

Provided that a Council of such a locality may apply to the

Minister for approval to use a motto. An approved motto shall be

published by notice in the Gazette.

(5) Localities may display a square flag showing their coat-of

arms or some other design approved by the Minister.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 75 Seals. — LOCAL GOVERNMENT ACT Open official source

(1) Each Council shall have an official seal which shall

include the coat-of arms of the locality for which it is responsible.

(2) Any person making unauthorised use of the seal shall

commit an offence and shall be liable on conviction to a fine

(ammenda) of two hundred euro (€200)

Provided that the Minister may, from time to time, by notice

in the Gazette specify higher penalties which in no case shall

exceed a fine (ammenda) of two thousand and five hundred euro

(€2,500).

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 76 Councils may adopt historical names. — LOCAL GOVERNMENT ACT Open official source

A Council may petition the Minister to be allowed to adopt

and use any name historically used for representatives of the

particular locality, or of a city which forms part of the locality.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 77 Councils not to have broadcasting facilities. — LOCAL GOVERNMENT ACT Open official source

(1) Notwithstanding the provisions of any other law,

Councils shall not have the right to apply for any licence to

broadcast any programme.

(2) For the purposes of sub-article (1), "broadcast" has the

same meaning assigned to it by article 2 of the Broadcasting Act.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 78 Publication of the First, Second and Ninth Schedules. — LOCAL GOVERNMENT ACT Open official source

The First, Second, Ninth and Twelfth to the Fourteenth

Schedule shall be published with the Maltese text only and such

Schedules shall apply also to the English text of this Act.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 79 Twinning. — LOCAL GOVERNMENT ACT Open official source

(1) A Local Council shall have the right to make twinning

arrangements with any city, town, village or other locality in any

other country

Provided that any twinning between a city, town or village

and another locality in any other country shall require the approval

of the Minister which shall be given after the Association has given

the Minister its opinion on such proposed twinning.

(2)

The Minister may make regulations to regulate twinning

L O C AL GOVERNMENT

agreements between Local Councils.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 80 Functions of the Director. — LOCAL GOVERNMENT ACT Open official source

The Director shall -

(a) facilitate the effective and efficient functioning of

Local Councils in full respect of the autonomy granted

to Local Councils by this Act;

(b) assist the Minister in carrying out the functions

assigned to him by this Act and for such purpose to

issue forms, procedures, guidelines, directions or other

instruments as may be necessary;

(c) perform such other functions, not being incompatible

with the autonomy granted to Local Councils by this

Act, as the Minister may from time to time direct;

(d) manage the Department and ensure that the necessary

support from the Department is given to Local Councils;

(e) ensure that the Department provides training for

Councillors and for Local Council employees;

(f)

monitors the operations of the Local Government.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 81 When a Council fails to conduct a function. — LOCAL GOVERNMENT ACT Open official source

In any case where a Local Council fails to carry out any

function within its responsibility as provided in article 33, and the

Council persists in not carrying out such function notwithstanding

a warning given by the Director, such function may be carried out

by any department, authority or agency at the expense of the said

Local Council, and such expenses shall be deducted from the

financial allocation of that Local Council and transferred to the

entity which has carried out such function instead of the Council.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 82 Local and Regional Protocol. — LOCAL GOVERNMENT ACT Open official source

The precedence, status and behaviour towards the

P r e s i d e n t o f t h e R e g i o n , M a y o r, D e p u t y M a y o r a n d L o c a l

Councillors shall be regulated by the Twelfth Schedule of this Act.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 83 Code of Ethics. — LOCAL GOVERNMENT ACT Open official source

The behaviour expected from every person elected to Local

Government shall be regulated by the Code of Ethics of Elected

Representatives to Local Government which is provided for in the

Thirteenth Schedule of this Act.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 84 Protection and privacy of personal data. — LOCAL GOVERNMENT ACT Open official source

Due to reasons of protection and privacy of personal data, the

names of third parties who are not directly involved in the operations

of the Council shall not be published or broadcasted during meeting of

the Council. This also includes the reasons given in writing by a

councillor as to why he is not able to attend a meeting of the Local

Council, where such reasons have only been given to the Executive

Secretary, the Mayor and the councillors.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 85 Election petitions. — LOCAL GOVERNMENT ACT Open official source

(1) Upon an election petition the court may direct the total

or partial re-count of the ballot papers and the result of the election

to be ascertained in accordance with these regulations.

(2) On any re-count, subject to such modifications as may be

necessary by reason of any order of the court, each paper originally

declared valid shall, whenever any transfer of votes takes place,

follow the same course as at the original counting of the votes.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 86 Decision of returning officers on transfer. — LOCAL GOVERNMENT ACT Open official source

(1) If any question shall arise in relation to any transfer of

votes, the decision of the Commission whether expressed or

implied by their acts, shall be final unless an objection is made in

writing by any candidate or agent before the declaration of the poll,

and in that event the decision of the Commission may be reversed

upon an election petition.

(2) If any decision of the Commission is so reversed, the

transfer in question and all operations subsequent thereto shall be

void and the court shall direct what transfer is to be made in place

o f t he tr a n s f e r i n qu e s ti on , a nd sh a ll c a us e t he su bs e q ue nt

operations to be carried out and the result of the election to be

ascertained in accordance with these regulations.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 87 Result of poll. Form of declaration. — LOCAL GOVERNMENT ACT Open official source

The declaration of the result of the poll shall include a

record of any transfer of votes made under these regulations, and of

the total number of votes credited to each candidate after any such

transfer, and shall be in the form shown in the Twelfth Schedule, or

in a form to the like effect.

PART XI

Casual Vacancies

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 88 Notice of vacancy. — LOCAL GOVERNMENT ACT Open official source

In the event of a vacancy in a Local Council the

Commission shall, within three days from the date of the

notification by the Executive Secretary of the Council, give notice,

to be published in the Gazette, of an election to fill the seat

vacated.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 89 Nominations. — LOCAL GOVERNMENT ACT Open official source

Within three days after the publication of such notice any

person who -

(a) at the election held immediately prior to the

occurrence of the said vacancy was a candidate

nominated for election as a councillor for that locality

in respect of which the vacancy has arisen, and did not

withdraw from the election and was not elected, and

(b) is still qualified to be so elected,

may with his consent, be nominated as a candidate for the said

vacancy.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 90 Notice of valid nominations — LOCAL GOVERNMENT ACT Open official source

Within three days after the last day fixed for the receipt of

nominations, the Commission shall decide on the validity of the

nominations, and shall publish in the authorised form, the names

and description of the persons validly nominated, and the locality

the seat whereof is to be filled.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 91 If two or more nominations, ballot papers of vacating councillor are examined. — LOCAL GOVERNMENT ACT Open official source

If there are any valid nominations, the Commission shall,

within four days, proceed to examine the ballot papers in the sealed

parcel of the vacating councillor and the following provisions shall

apply

(1) All candidates for the locality at the election shall be

deemed to be candidates excluded from the poll except

those who have been validly nominated for the vacant

seat.

(2) The papers preserved under seal in accordance with

these regulations in the parcel of the vacating

councillor shall be examined and transferred to the

validly nominated candidates first available in order of

preference shown upon such papers, and each validly

nominated candidate shall be credited with one vote in

respect of each paper transferred.

(3) In any case where there is only one validly nominated

candidate, if such candidate is credited with votes in

number equal to or exceeding half the number of

papers in the parcel of the vacating councillor, he shall

be declared elected.

(4) In any case where there are two or more validly

nominated candidates, the Commission shall exclude

from the poll the candidate credited with the lowest

number of votes and shall transfer his votes according

to the next available preferences shown upon the ballot

papers for the continuing candidate or candidates. The

L O C AL GOVERNMENT

process of excluding the candidate lowest in the poll

and of transferring his votes according to the next

available preferences shall be continued until there is

only one candidate remaining. If such candidate shall

have then been credited with votes in number equal to

or exceeding half the number of papers in the parcel of

the vacating councillor, that candidate shall be

declared elected

Provided that if at any time any candidates shall

have been credited with votes exceeding the combined

total of votes of all other candidates, and at the same

time equal to or exceeding half the number of papers

in the parcel of the vacating councillor, he shall be

declared elected without further transfer.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 92 Vacancy filled by co-option in special case. — LOCAL GOVERNMENT ACT Open official source

(1) If a vacancy occurs in a seat which has been filled in

accordance with this Part of these regulations, or in the eventuality

mentioned in regulation 24(1), or if on a vacancy occurring no

candidate is validly nominated, or if after examination of the ballot

papers of the vacating councillor no candidate secures election, the

vacancy shall be filled by co-option in accordance with article 8(4)

of the Act.

(2) In filling a vacancy by co-option, regard shall be had to the

representation as nearly as may be of the interests and opinions

represented and held by the vacating councillor.

PART XII

Illegal Practices

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 93 Making of contracts in respect of election expenses. — LOCAL GOVERNMENT ACT Open official source

A contract whereby any expenses are incurred on account

of or in respect of the conduct or management of an election shall

not be enforceable against a candidate at such election, unless made

by the candidate himself.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 94 Payment of expenses. — LOCAL GOVERNMENT ACT Open official source

(1) Except as permitted by or in pursuance of these

regulations, no payment and no advance or deposit shall be made

whether before, during or after such election, in respect of any

expenses incurred on account of or in respect of the conduct or

management of such election, otherwise than by the candidate; and

all money provided by any person other than the candidate for any

expenses incurred on account of or in respect of the conduct or

management of the election, whether as gift, loan, advance or

deposit, shall be paid to the candidate and not otherwise

Provided that this regulation shall not be deemed to apply

to any sum disbursed by any person out of his own money for any

expense legally incurred by himself and not exceeding five hundred

and eighty-two euro and thirty-four cents (€582.34), if such sum is

not repaid to him

Provided further that the Minister may, from time to time,

by notice in the Gazette specify higher sums which in no case shall

exceed one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69).

(2) A statement of the particulars of any payments so made by

any other person in terms of the previous paragraph of this

regulation shall be sent to the candidate within the time limited by

the se regu lat io ns fo r th e sen din g in o f clai m s an d sh all b e

accompanied by a receipt.

(3) A person who makes any payment, advance, or deposit in

contravention of this regulation or pays in contravention of this

regulation any money so provided as aforesaid and any candidate

who, having been aware of such payment, advance or deposit,

knowingly benefits from the same, shall be guilty of an illegal

practice.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 95 Periods for sending in claims and making payments for election expenses. — LOCAL GOVERNMENT ACT Open official source

(1) Every payment made by a candidate in respect of any

expenses incurred on account of or in respect of the conduct or

management of an election shall, except where less than fifty-eight

euro and twenty-three cents (€58.23), be vouched for by a bill

stating the particulars and by a receipt

Provided that the Minister may, from time to time, by notice

in the Gazette specify higher sums which in no case shall exceed

two hundred and thirty-two euro and ninety-four cents (€232.94).

(2) Every claim against a candidate at an election in respect of

any expenses incurred on account of or in respect of the conduct or

management of such election, which is not sent in to the candidate

within the time limited by these regulations, shall be barred and

shall not be paid; and subject to such exception as may be allowed

in pursuance of these regulations, a candidate who pays a claim in

contravention of this regulation shall be guilty of an illegal

practice.

(3) Except as by these regulations permitted, the time limited

by these regulations for sending in claims shall be thirty days after

the day on which the candidate returned is declared elected.

(4) All expenses incurred by or on behalf of a candidate at an

election, which are incurred on account of or in respect of the

conduct or management of such election, shall be paid within the

time limited by these regulations and not otherwise; and, subject to

such exception as may be allowed in pursuance of these

regulations, a candidate who makes a payment in contravention of

this provision shall be guilty of an illegal practice.

(5) Except as by these regulations permitted, the time limited

by these regulations for the payment of such expenses as aforesaid

shall be forty days after the day on which the candidate returned is

declared elected.

(6) If the candidate in the case of any claim sent in to him

within the time limited by these regulations disputes it, or refuses

or fails to pay it within the said period of forty days, such claim

shall be deemed to be a disputed claim.

(7) The claimant may, if he thinks fit, bring an action for a

disputed claim in the competent Civil Court; and any sum paid by

the candidate in pursuance of the judgment or order of such court

shall be deemed to be paid within the time limited by these

L O C AL GOVERNMENT

regulations.

(8) On cause shown to the satisfaction of the competent Civil

Court, the court on application by the claimant or by the candidate

may, by order, give leave for the payment by a candidate of a

disputed claim, or of a claim for any such expenses as aforesaid,

although sent in after the time in this regulation mentioned for

s e n di ng i n cla im s , o r a lt ho ug h th e sa m e was s e n t in to t he

candidate.

(9) Any sum specified in any such order may be paid by the

candidate, and when paid in pursuance of such leave shall be

deemed to be paid within the time limited by these regulations.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 96 Petty expenses. — LOCAL GOVERNMENT ACT Open official source

(1) Any person may, if so authorized in writing by the

candidate pay any necessary expense for stationery, postage,

telegrams, and other petty expenses to a total amount not exceeding

that named in the authority, but any excess above the total amount

so named shall be paid by the candidate.

(2) A statement of the particulars of payments made by any

person so authorized shall be sent to the candidate within the time

limited by these regulations for the sending in of claims, and shall

be vouched for by a bill containing the receipt of that person.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 97 Expenses in excess of maximum to be illegal practice. — LOCAL GOVERNMENT ACT Open official source

(1) Subject to such exception as may be allowed in

pursuance of these regulations, no sum shall be paid and no

expense shall be incurred by a candidate at an election, whether

before, during, or after an election on account of or in respect of the

conduct or management of such election in excess of five thousand

euro (€5,000)

Provided further that in the computation of campaign

expenditure as aforesaid, where a candidate charges a fee for

participation in political activities or for any goods or services

made available at such activities the amount of any such fees

charged and properly accounted for shall be deducted from the total

amount of campaign expenditure.

(2) In the case of candidates standing for election in the same

locality as members of the same political party, the expenses of

such candidates may be added together and there shall not be

deemed to have been a contravention of this regulation unless the

aggregate expenses of such candidates, when added together,

exceed either the sum of one thousand and one hundred and sixty-

five euro (€1,165) multiplied by the number of such candidates or

the sum of forty-six thousand and five hundred and ninety euro

(€46,590), whichever is the smaller

Provided that the Minister may, from time to time, by notice

in the Gazette specify higher sums which in no case shall exceed

either the sum of two thousand and three hundred and thirty euro

(€2,330) multiplied by the number of such candidates or the sum of

ninety-three thousand and one hundred and eighty euro (€93,180),

whichever is the smaller

Provided further that if the aggregate of such expenses

exceeds either of the sums aforesaid, the expenses of each such

candidate shall be separated from the expenses of the others and the

provisions of sub-regulation (1) shall apply.

(3) Any candidate who knowingly acts in contravention of this

regulation shall he guilty of an illegal practice.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 98 Certain expenditure to be illegal practice. — LOCAL GOVERNMENT ACT Open official source

(1) No payment or contract for payment shall, for the

purpose of promoting or procuring the election of a candidate at

any election, be made on account of the conveyance of voters to or

from the poll, except for the hiring of vehicles.

(2) Subject to such exception as may be allowed in pursuance

of these regulations, if any payment or contract for payment is

knowingly made in contravention of this regulation either before,

during, or after an election, the person making such payment or

contract shall be guilty of an illegal practice, and any person

receiving such payment or being a party to any such contract,

knowing the same to be in contravention of this regulation, shall

also be guilty of an illegal practice.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 99 Certain employment to be illegal. — LOCAL GOVERNMENT ACT Open official source

(1) No person shall, for the purpose of promoting or

procuring the election of a candidate at any election, be engaged or

employed for payment or promise of payment for any purpose or in

any capacity whatever, except for a reasonable number of assistants

and professional persons, having regard to the area of the locality

and the number of voters on the Local Councils’ Electoral Register

for such locality.

(2) Subject to such exception as may be allowed in pursuance

of these regulations, if any person is engaged or employed in

contravention of this regulation, either before, during or after an

election, the person engaging or employing him shall be guilty of

an illegal practice.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 100 Saving for creditors. — LOCAL GOVERNMENT ACT Open official source

The provisions of these regulations prohibiting certain

payments and contracts for payments, and the payment of any sum,

and the incurring of any expense in excess of a certain maximum,

shall not affect the right of any creditor, who, when the contract

was made or the expense was incurred, was ignorant of the same

being in contravention of these regulations.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 101 Return and declaration respecting election expenses. — LOCAL GOVERNMENT ACT Open official source

(1) Within sixty days after the date of the publication of

the result of an election in the Gazette, every candidate at that

election shall transmit to the commissioners a return of his election

expenses, containing the particulars specified in the Thirteenth

Schedule, signed by the candidate. In the case of the candidate’s

absence from Malta the duties imposed on him may be performed

by a duly appointed representative.

(2) Every such return shall contain a statement of all payments

m a de b y t he c a nd i da te , o r b y an y p e r s on s on be hal f o f t h e

candidate, or in his interest, for expenses incurred on account of, or

in respect of, the conduct and management of the election, and a

further statement of all unpaid claims in respect of such expenses,

of which he is aware.

(3)

The return shall be accompanied by declarations to be made

L O C AL GOVERNMENT

on oath by the candidate before a magistrate, commissioner for

Justice or a commissioner in the form contained in the Thirteenth

Schedule to these regulations.

(4) If any candidate acts in contravention of the requirements

of this regulation, he shall, subject to the provisions of regulation

107, be guilty of an illegal practice.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 102 Publication of notice in respect of return of election expenses. — LOCAL GOVERNMENT ACT Open official source

When any return of election expenses and the declarations

made in respect thereof have been lodged with the commissioners,

the commissioners shall, as soon as may be, cause a notice of the

date on which the return and the declarations have been lodged, and

of the time and p1lace at which they can be inspected to be affixed

in some conspicuous place in the Electoral Office and to be

published in the Gazette, and any person shall be entitled, on

payment of a fee of two euro and thirty cents (€2.30), to inspect any

such return or declarations and, on payment of a fee of two euro

and thirty-three cents (€2.33) for every folio of 120 words, to

obtain a copy or copies of any part thereof.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 103 Punishment on conviction for illegal practice. — LOCAL GOVERNMENT ACT Open official source

(1) Any person committing an illegal practice shall, on

conviction, be liable to a fine (multa) not exceeding one thousand

and one hundred and sixty-four euro and sixty-nine cents

(€1,164.69).

Provided that the Minister may, from time to time, by notice

in the Gazette specify higher penalties which in no case shall

exceed a fine (multa) not exceeding six thousand and nine hundred

and eighty-eight euro and twelve cents (€6,988.12).

(2) No prosecution for an illegal practice shall be instituted

without the sanction of the Attorney General.

PART XIII

Corrupt Practices

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 104 Personation. — LOCAL GOVERNMENT ACT Open official source

Any person who at an election held under the Act applies

for a ballot paper in the name of some other person, whether that

name be that of a person living or dead, or of a fictitious person or,

who having voted once at any such election, applies at the same

election for a ballot paper in his own name, shall be guilty of the

offence of personation.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 105 Treating. — LOCAL GOVERNMENT ACT Open official source

(1) Any person who corruptly by himself or by any other

person, either before, during or after an election, directly or

indirectly, gives or provides, or pays wholly or in part the expense

of giving or providing any food, drink, entertainment, or provision

to or for any person, for the purpose of corruptly influencing that

person or any other person to give or refrain from giving his vote at

the election, or on account of such person or any other person

having voted or refrained from voting or being about to vote or

refrain from voting at such election, shall be guilty of the offence

of treating.

(2) Every voter who corruptly accepts or takes any such food,

drink, entertainment, or provision shall also be guilty of the offence

of treating.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 106 Undue influence. — LOCAL GOVERNMENT ACT Open official source

Every person who directly or indirectly, by himself or by

any other person on his behalf, makes use of or threatens to make

use of any force, violence, or restraint, or inflicts, or threatens to

inflict, by himself or by any other person, any temporal or spiritual

injury, damage, harm, or loss upon or against any person in order to

induce or compel such person to vote or refrain from voting, or on

account of such person having voted or refrained from voting at

any election, or who by abduction, duress, or any fraudulent device

or contrivance, impedes or prevents the free exercise of the

franchise of any voter or thereby compels, induces, or prevails

upon any voter either to give or refrain from giving his vote at any

election, shall be guilty of the offence of undue influence.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 107 Bribery. — LOCAL GOVERNMENT ACT Open official source

The following persons shall be deemed guilty of the

offence of bribery

(a) every person who, directly or indirectly, by himself or

by any other person on his behalf, gives, lends or

agrees to give or lend, or offers, promises or promises

to procure, or to endeavour to procure, any money or

valuable consideration to or for any voter, or to or for

any person on behalf of any voter, or to or for any

other person, in order to induce any voter to vote or

refrain from voting, or corruptly does any such act as

aforesaid on account of such voter having voted or

refrained from voting at any election under the Act;

(b) every person who, directly or indirectly, by himself or

by any other person on his behalf, gives or procures, or

agrees to give or procure, or offers, promises or

promises to procure or to endeavour to procure any

office, place or employment to or for any voter or to or

for any person on behalf of any voter or to or for any

other person in order to induce any voter to vote or

refrain from voting, or corruptly does any such act as

aforesaid on account of any voter having voted or

refrained from voting at any election under the Act;

(c) every person who, directly or indirectly, by himself or

by any other person on his behalf, makes any such gift,

loan, offer, promise, procurement, or agreement as

aforesaid, to or for any person in order to induce such

person to procure or endeavour to procure the return of

any person as a councillor, or the vote of any voter at

any election under the Act;

(d) every person who, upon or in consequence of any such

gift, loan, offer, promise, procurement, or agreement,

procures or engages, promises or endeavours to

procure, the return of any person as a councillor or the

vote of any voter at any election under the Act;

(e) every person who advances or pays or causes to be

paid any money to or for the use of any other person,

with the intent that such money or any part thereof

L O C AL GOVERNMENT

shall be expended in bribery at any election under the

Act; or who shall knowingly pay or cause to be paid

any money to any person in discharge or repayment of

any money wholly or in part expended in bribery at

any such election;

(f)

every person being a voter who, before or during any

election under the Act, directly or indirectly, by

himself or by any other person on his behalf, receives,

agrees, or contracts for any money, gift, loan, or

valuable consideration, office, place or employment,

for himself or for any other person, for voting or

agreeing to vote or for refraining or agreeing to refrain

from voting at any such election;

(g) every person who, after any election under the Act,

directly or indirectly, by himself or by any other

person on his behalf, receives any money or valuable

consideration on account of any person having voted

or refrained from voting or having induced any other

person to vote or to refrain from voting at any such

election.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 108 Punishment and incapacities for corrupt practice. — LOCAL GOVERNMENT ACT Open official source

(1) Any person who commits the offence of personation,

treating, undue influence, or bribery or aids, abets, counsels, or

procures the commission of the offence of personation, and any

candidate who knowingly makes the declaration, as to election

expenses required by regulation 101, falsely, shall be guilty of a

corrupt practice and shall be liable, on conviction, in the discretion

of the court, to a fine (multa) not exceeding two thousand and three

hundred and twenty-five euro (€2,325), or to imprisonment for a

term not exceeding six months, or to both such fine (multa) and

imprisonment, and shall in consequence of such conviction become

incapable, for a period of seven y ears from the date o f his

conviction of being registered as a voter or voting at an election

under the Act, or of being elected a councillor, and if at that date he

has been elected councillor, his election shall be vacated from the

date of such conviction

Provided that the Minister may, from time to time, by notice

in the Gazette specify higher penalties which in no case shall

exceed a fine (multa) of twenty-three thousand and two hundred

and ninety euro (€23,290).

(2) No prosecution for a corrupt practice shall be instituted

without the sanction of the Attorney General.

(3) For the purposes of this Part of these regulations, references

to "voting" or to "refraining from voting", or to "giving" or

"refraining from giving a vote", shall include references to "voting"

or "refraining from voting" in a particular way.

PART XIV

Excuse for Corrupt and Illegal Practices

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 109 Reasons exonerating candidates in certain cases of corrupt and illegal practices. — LOCAL GOVERNMENT ACT Open official source

The election of a candidate, who has been guilty of the

offence of treating and undue influence, and illegal practice, or of

any such offences, in reference to such election shall not, by reason

of such offences, be declared void, nor shall the candidate be

subject to any incapacity under these regulations, if the court is

satisfied after giving the Attorney General an opportunity of being

heard that the candidate has proved

(a) that no corrupt or illegal practice was committed at

such election by the candidate and the offences

aforesaid were committed contrary to the orders and

without the sanction or connivance of such candidate;

and

(b) that such candidate took all reasonable means for

preventing the commission of corrupt and illegal

practices at such election; and

(c) that the offences aforesaid were of

a trivial,

unimportant and limited character; and

(d) that in all other respects the election was free from any

corrupt or illegal practice on the part of such

candidate.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 110 Power of courts to except innocent act from being illegal practice, etc. — LOCAL GOVERNMENT ACT Open official source

Where, in any proceedings, it is shown to the Court by

such evidence as seems to the court sufficient -

(a) that any act or omission of a candidate at any election,

or of any other agent or person, would, by reason of

being the payment of a sum or the incurring of expense

in excess of any maximum amount allowed by these

regulations, or of being a payment, engagement,

employment, or contract in contravention of these

regulations, or of otherwise being in contravention of

any of the provisions of these regulations, be but for

this regulation an illegal practice; and

(b) that any such act or omission arose from inadvertence

or from accidental miscalculation or from some other

reasonable cause of a like nature, and in any case, did

not arise from any want of good faith,

and under the circumstances it seems to the court, after giving the

Attorney General an opportunity of being heard, to be just that the

candidate at the said election and other agent and person or any of

them, should not be subject to any of the consequences under these

regulations, the court may allow such act or omission to be an

exception from the provisions of these regulations which would

otherwise make the same an illegal practice, and thereupon such

candidate, agent, or person shall not be subject to any of the

consequences under these regulations of the said act or omission.

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Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 111 — LOCAL GOVERNMENT ACT Open official source

(1) Where the return and declarations respecting election

expenses of a candidate at an election have not been transmitted as

required by these regulations, or being transmitted contain some

error or false statement, then if the candidate in any criminal or

civil proceedings under these regulations proves to the satisfaction

of the court that the failure to transmit such return and declarations,

or any of them or any part thereof, or any error or false statement

therein, has arisen by reason of his illness, or by reason of

inadvertence, or of any reasonable cause of a like nature, and not

by reason of any want of good faith on the part of the candidate, the

court may, after giving the Attorney General an opportunity of

being heard, make such order for allowing an authorized excuse for

the failure to transmit such return and declarations, or for an error

or false statement in such return and declarations, as to the court

seems just.

(2) Where in any proceedings it appears to the court that any

person has refused or failed to make such return or to supply such

particulars as will enable the candidate to comply with the

provisions of these regulations as to the return and declaration

respecting election expenses, the court, before making an order

allowing the excuse as in this regulation mentioned, shall order

such person to appear, and shall, unless he attends, and shows cause

to the contrary, order him to make the return and declaration, or to

deliver a statement of the particulars required to be contained in the

return, as to the court seems just, and to make or deliver the same

within such time and to such person and in such manner as the

court may direct, or may order him to be examined with respect to

such particulars, and in default of compliance with any such order,

such person shall be guilty of an illegal practice.

(3) The court may allow the excuse conditionally upon the

making of a return and declaration in a modified form or within an

extended time, and upon the compliance with such other terms as to

the court seem best calculated for carrying into effect the objects of

these regulations; and an order allowing an authorized excuse shall

relieve the candidate from any liability or consequences under

these regulations in respect of the matter excused by the order.

(4) The date of the order, or if conditions and terms are to be

complied with, the date at which the applicant fully complies with

them, is referred to in these regulations as the date of the allowance

of the excuse.

PART XV

Grounds for Avoiding Elections

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 112 Avoidance by conviction of candidates. — LOCAL GOVERNMENT ACT Open official source

The election of a candidate as a councillor is avoided by

his conviction for any corrupt or illegal practice.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 113 Avoidance of election on other grounds. — LOCAL GOVERNMENT ACT Open official source

The election of a candidate as a councillor shall be

declared void on any of the following grounds which may be

proved to the satisfaction of the court namely

(a) if by reason of general bribery, general treating, or

general intimidation, or other misconduct, or other

circumstances, the majority of electors were or may

have been prevented from electing candidates whom

they preferred;

(b) non-compliance with the provisions of these

regulations relating to election if it appears to the court

that the election was not conducted in accordance with

the principles laid down in such provisions and that

such non-compliance affected the result of the

election;

(c) that a corrupt practice or an illegal practice was

committed in connection with the election by the

candidate;

(d) that the candidate personally engaged a person as a

canvasser or agent knowing that such person had

within seven years previous to such engagement been

found guilty of a corrupt practice;

(e) that the candidate was at the time of his election a

person disqualified for election as a councillor.

PART XVI

Publication of Results in each Locality

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 114 Publication of result of election and of counting details. — LOCAL GOVERNMENT ACT Open official source

(1) The Commission shall, not later than on the working

day following that on which the result of the counting of the votes

has been ascertained, publish a declaration containing the names of

the candidates elected in each locality and such other particulars as

the Commission may consider necessary.

(2) The Commission shall deposit the declaration aforesaid

with the Minister and shall cause a copy of such declaration to be

published without delay in the Gazette.

(3) Every candidate whose name is published in the Gazette in

accordance with the provisions of regulation 24(1) or who is

d ec l a r e d e l e ct e d i n a c c o r d a n ce w i t h t h e p r o v i si o n s o f t h i s

regulation shall be considered to be a councillor of that particular

locality.

(4) The Commission shall publish in the Gazette not later than

seven days after the end of counting a declaration of the result of

the election which declaration shall include a record of the total

votes cast, the total valid and invalid votes, the total votes credited

to each political party, the quota, the first preference credited to

each candidate, any transfer of votes made, and of the total number

of votes credited to each candidate after any such transfer, and any

such other information as the Electoral Commission may consider

necessary. Such declaration shall be in such form as the Electoral

Commission may determine as likely to impart easily all the

information likely to be required by the public.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 115 Preservations of documents. — LOCAL GOVERNMENT ACT Open official source

(1)

The Commission shall preserve until the publication

of the official result of the next following election all used ballot

papers in separate packets, as follows Where an Electronic

Counting System is used

All ballot papers contained in each ballot box sorted in unique

L O C AL GOVERNMENT

identifier order in all other cases

(a) the spoilt ballot papers;

(b) the invalid ballot papers;

(c) the papers at the completion of the counting in the

parcel of each elected candidate and of each non-

elected candidate whose papers have not been

transferred;

(d) all the non-transferable papers not retained in the

parcel of an elected candidate.

(2) The commissioners shall endorse on each packet a

description of its contents, the date of the election and the locality

to which they relate.

(3) The Commission shall further preserve for the same period

a copy of the declaration of the result of the count and of any

document showing the operations of the transfer of each surplus.

Provided that where the Commission decides to use an

Electronic Counting System, the Commission shall preserve all data

introduced to or used by the Electronic Counting System including but

not limited to data processed or produced by the Electronic Counting

System for all intermediate steps prior to the final results. The data is to

be preserved in digital format on suitable media and in at least two

separate copies identical to the original, as decided by the Commission,

for the long term storage of the same data which media shall be kept in

separate sealed packets and in separate locations established by the

Commission. The said copies shall be preserved until the publication of

the result of the next following election and shall be erased thereafter.

(4) Party delegates, candidates, and counting agents shall have

the right to affix their seals and signatures to such packets.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 116 Power of court to order unsealing of packets. — LOCAL GOVERNMENT ACT Open official source

It shall be lawful for the Constitutional Court before which

any question is brought as to the right of any person to be or to

remain an elected councillor and for any court before which any

proceedings are commenced in accordance with the provisions of

the Act or these regulations to order the opening of the packets

referred to in regulation 46(1) and in regulation 115 and the

production of one or more of the documents therein contained

under such conditions and precautions as may be necessary to

maintain the secrecy of the voting consistently with the due

administration of justice.

PART XVII

Penal Provisions

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 117 Penalty for giving false information. — LOCAL GOVERNMENT ACT Open official source

Any person who knowingly makes or subscribes to a false

declaration or otherwise gives false information in connection with

the registration, transfer or cancellation of any voter shall be guilty

of an offence against these regulations and shall on conviction be

liable to imprisonment for a term not exceeding one month or to a

fine (multa) not exceeding one hundred and sixteen euro and forty-

seven cents (€116.47) or to both such imprisonment and fine

Provided that the Minister may, from time to time, by notice

in the Gazette specify higher penalties which in no case shall

exceed a fine (multa) not exceeding one thousand and one hundred

and sixty-four euro and sixty-nine cents (€1,164.69).

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 118 Penalty for misconduct in polling places, etc. — LOCAL GOVERNMENT ACT Open official source

Every person who misconducts himself in any polling

place or contravenes any of the provisions of regulation 35 or 36 or

takes part in any public meeting or public demonstration held in

contravention of any of the provisions of these regulations, or fails

to obey the lawful order of the assistant commissioners or other

lawful authority in relation to an election, shall on conviction be

liable to a fine (multa) not exceeding one hundred and sixteen euro

and forty-seven cents (€116.47)

Provided that the Minister may, from time to time, by notice

in the Gazette specify higher penalties which in no case shall

exceed a fine (multa) not exceeding two hundred and thirty-two

euro and ninety-four cents (€232.94).

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 119 Penalty for offences in respect of nomination, etc. — LOCAL GOVERNMENT ACT Open official source

(1) Every person who -

(a) forges or fraudulently defaces or fraudulently destroys

any nomination paper or delivers to the commissioner

any nomination paper knowing the same to be forged;

or

(b) forges or counterfeits or fraudulently defaces or

fraudulently destroys any voting document or ballot

paper or the official mark on any ballot paper; or

(c) without due authority supplies any voting document or

ballot paper to any person; or

(d) forges or counterfeits or is in unlawful possession of

any stamp or seal used by the Chief Electoral

Commissioner or the election commissioners or the

principal assistant electoral commissioners or the

assistant commissioners;

(e) is in unlawful possession of any voting document or

ballot paper; or

(f)

fraudulently puts into any ballot box anything other

than the ballot paper which he is authorized by law to

put in; or

(g) fraudulently takes out of the polling place any ballot

paper; or

(h) without due authority, destroys, takes, opens or

otherwise interferes with any ballot box or packet of

ballot papers then in use for the purpose of the

election; or

(i)

without authorisation of the Commission takes any

photographic or video image at a polling place on any

polling day,

shall be guilty of an offence and shall be liable, on conviction, to a

fine (multa) not exceeding one thousand and one hundred and

sixty-four euro and sixty-nine cents (€1,164.69) or to imprisonment

for a term not exceeding six months or to both such fine and

L O C AL GOVERNMENT

imprisonment

Provided that the Minister may, from time to time, by notice

in the Gazette specify higher penalties which in no case shall

exceed a fine (multa) not exceeding six thousand and nine hundred

and eighty euro (€6,980).

(2) Every person who aids or abets the commission of an

offence under this regulation or attempts to commit any such

offence shall be liable, on conviction, to the punishment provided

for the offence.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 120 Infringement of secrecy as to manner of voting. — LOCAL GOVERNMENT ACT Open official source

Every principal assistant electoral commissioner and every

assistant commissioner who shall reveal the manner of voting of

any voter when such manner of voting shall have come to his

knowledge in the course of the exercise of his functions under these

regulations shall be guilty of an offence, and shall, on conviction,

be liable to a fine (multa) not exceeding two hundred and thirty

euro (€230) or to imprisonment for a term not exceeding one month

or to both such fine and imprisonment

Provided that the Minister may, from time to time, by notice

in the Gazette specify higher penalties which in no case shall

exceed a fine (multa) not exceeding one thousand and one hundred

and sixty euro (€1,160).

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 121 Prohibition of activities capable of influencing voters immediately before the election. — LOCAL GOVERNMENT ACT Open official source

(1) During the day on which an election for councillors is

held and during the day immediately preceding such an election, no

person shall hold a public demonstration or shall address any public

meeting or any other gathering whatsoever in any place or building

accessible to the public, or on the broadcasting media, on any

matter intended or likely to influence voters in the exercise of the

franchise, or publish or cause to be published any newspaper,

printed matter or other means of communication to the public

containing any matter aforesaid, or issue or cause to be issued any

statement or declaration on any matter aforesaid or knowingly

distribute any newspaper, printed matter, or other means of

communication, or any statement or declaration as aforesaid, and

any person acting in contravention of any of the provisions of this

regulation shall be liable on conviction to a fine (multa) not

exceeding one thousand and one hundred and sixty euro (€1,160) or

to imprisonment for a term not exceeding six months or to both

such fine and imprisonment

Provided that the Minister may, from time to time, by notice

in the Gazette specify higher penalties which in no case shall

exceed a fine (multa) not exceeding six thousand and nine hundred

and eighty euro (€6,980).

(2) Every person who aids or abets the commission of an

offence under this regulation or attempts to commit any such

offence, shall be liable on conviction to the punishment provided

for the offence.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 122 Competent courts. — LOCAL GOVERNMENT ACT Open official source

(1) All questions regarding the right of any person to be

or remain a councillor shall be referred to and decided by the

Constitutional Court.

(2) Any criminal proceedings for offences under these

regulations shall be brought before the Courts of Magistrates and

subject to the following provisions of this regulation, the

provisions of the Criminal Code shall apply to any such

proceedings.

(3) Notwithstanding anything contained in the Probation Act, a

person who commits any offence under these regulations shall be

convicted and sentenced in respect of that offence and may not be

placed on probation or discharged under that Act.

(4) Every decision of the Courts of Magistrates in respect of an

offence under these regulations, may, in all cases, be appealed

against by the Attorney General and by the party convicted.

PART XVIII

Saving as to Right of Political Parties

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 123 Non-exercise of certain rights. — LOCAL GOVERNMENT ACT Open official source

The non-exercise by any political party, delegate,

candidate, agent or any person nominated for appointment by a

political party, of any right, power or privilege granted by these

regulations shall not of itself invalidate any action or procedure in

respect of which the right, power or privilege has been granted by

these regulations.

Laws of Malta — Chapter 363 — LOCAL GOVERNMENT ACT
Art. 124 Right to information in electro-magnetic format. — LOCAL GOVERNMENT ACT Open official source

The political parties shall have the right to ask that

information, documents and lists which the Commission should

forward to them, be forwarded in such electro-magnetic format as

the Commission can reasonably supply through the use of its

equipment.

L OC A L GOVERNMENT

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