MALTA COUNCIL FOR ECONOMIC AND SOCIAL DEVELOPMENT ACT

CHAPTER 431

MALTA COUNCIL FOR ECONOMIC AND SOCIAL

DEVELOPMENT ACT

AN ACT to provide for the establishment of the Malta Council for

Economic and Social Development and for other matters related thereto.

1st August, 2001

ACT XV of 2001, as amended by Legal Notice 426 of 2007, and Acts IV

of 2012 , V of 2017 and XIX of 2025.

The short title of this Act is the Malta Council for

Economic and Social Development Act.

In this Act, unless the context otherwise requires -

"civil society" includes all those organizations of persons

established to seek the common good and whose main aims are

neither to generate profits nor to seek executive power;

"Chief Executive Officer" means the Chief Executive Officer of the

Council appointed in accordance with article 7;

''Committee'' means the Civil Society Committee established by

virtue of article 6;

"Council" means the Malta Council for Economic and Social

Development established by virtue of article 3;

"Forum" means the Young Shapers Forum as established by article

6B;

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

of the Constitution of Malta;

"Minister" means the Minister responsible for Social Dialogue;

''social partners'' means representatives of the Government,

representatives of workers and representatives of employers.

The Malta Council for Economic and Social Development

is hereby established as an advisory body in order to provide a

forum for consultation and social dialogue between social partners

and, where necessary, with organisations of civil society, and is

entrusted with the task of advising Government on issues relating

to the sustainable economic and social development of Malta.

(1) The Council shall have a distinct legal personality,

shall be appointed by the Prime Minister and shall be composed of

the following members

(a) a chairperson who shall be appointed after

consultation with the organisations referred to in

paragraph (c);

(b) a deputy chairperson who shall be the appointed by the

Prime Minister from amongst members of the public

service;

(c) twelve persons, nominated as follows

(i)

ten persons nominated by representative national

employers’

and

workers’

organisations

constituted bodies; and

(ii) the Chairperson of the Gozo Regional

Committee, ex officio; and

(iii) the Chairperson of the Civil Society Committee,

ex officio.

The organisations and constituted bodies referred to in

sub-paragraph (i) shall be listed in a Notice published

in the Gazette, which Notice shall also indicate the

number of members representing each organisation and

constituted body;

(d) two representatives of the Government, one

representing the Minister responsible for Finance, the

other representing the Minister; and

(e) the Governor of the Central Bank of Malta, ex officio.

(2)

(a) For each of the members nominated in accordance with

subarticle (1)(c) and (e), there shall be an equal

number of substitute members representing those same

sectors, organizations or committees and who shall

have the right to attend meetings in the absence of the

nominated members.

(b)

For each of the members nominated in accordance

with subarticle (1)(d), there shall be an equal number

of substitute members, sohowever that the said

substitute members may represent other Ministries.

(3)

The term of office of the members shall be of one year.

(4) Without prejudice particularly to sub-article (2), to the

provisions of this Act, and to any regulations made thereunder, the

Council may direct that every time it convenes to carry out any of

its functions in accordance with article 5, substitute members

appointed by virtue of sub-article (2)(a) and (b) may attend

together with members appointed in accordance with sub-article

(1)(c), (d) and (e).

(5) The Council may act notwithstanding any vacancy amongst

its members, provided there is a quorum present at the meeting.

(6) The Minister may, after consultation with the Council,

make regulations regarding the procedures to be adopted by the

Council, including the quorum for meetings, the filling of casual

vacancies, loss of mandate and substitution of members.

(7) The Chief Executive Officer shall attend for all Council

meetings in his capacity as Chief Executive Officer and shall also

act as secretary of the Council, and shall have the duty to ensure

that a record of all minutes and decisions taken during such

meetings is kept, which minutes shall be drafted by the Chief

Executive Officer or a person delegated by him

Provided that the Chief Executive Officer shall not have the

right to vote during such meetings.

(1) The Council shall be a consultative and advisory body

with the function to advise Government, through the Minister, on

issues relating to sustainable national economic and social

development and shall be competent to -

(a) promote social dialogue and consensus amongst all the

social partners on issues relating to sustainable

economic and social development;

(b) propose desirable and feasible goals and targets to give

effect to the strategic economic, financial and social

development objectives of the Government and to

recommend measures which would further their

attainment;

(c) make recommendations to Government in respect of

changes in the direction or terms of economic and

social policy that it may deem appropriate;

(d) make recommendations to Government regarding the

elaboration of national plans for economic and social

development and the implementation thereof;

(e) submit opinions and recommendations on matters

referred to it by Government or on matters that the

Council deems as having national economic and, or,

social relevance; and

(f)

upon a request by Government, examine, assess and

make recommendations regarding draft legislation

related to the objectives of the Council;

(g) submit within a time-frame agreed upon by the

Minister and the Minister responsible for Finance, an

annual detailed plan of activities, wherein the Council

explains how it will implement its functions and the

initiatives which it will take within the parameters of

the execution of its functions as defined in sub-article

(2), the spirit of this Act and regulations made

thereunder

Provided that the Council may, without prejudice to

the provisions of this Act and to any regulations made

thereunder, take initiatives which are not specifically

mentioned in sub-article (2), which initiatives may be

taken after consultation with the Minister and the

Minister responsible for Finance.

(2) In discharging its functions, the Council shall reconcile

individual sectoral interests in order to achieve overriding national

interests, and shall have regard, inter alia, to -

(a) the attainment of the highest possible levels of

sustainable employment for all at adequate rewards,

with due consideration to productivity levels;

(b) the removal of structural constraints which impede the

achievement of the overall economic and social

national objectives;

(c) the achievement of the highest sustainable rate of

economic growth;

(d) the fair and equitable distribution of the income and

wealth of the nation;

(e) reasonable price stability and long-term equilibrium in

the balance of payments; and

(f)

the social implications of economic growth, including

the need to achieve social inclusion in all its

perspectives particularly equality between women and

men in the mainstream of development, and the

protection of the environment.

(3) The Council shall act on specific requests submitted to it by

the Government through the Minister or on its own initiative.

(4) The Council may, in the implementation of its functions

under this Act, with all means after presenting a plan of activities

for consultation to the Minister responsible for Finance and to the

Minister, embark on a strategy for external communications for the

building of interactive networks and exchange of resources and

knowledge with other entities and individuals who can contribute

in the implementation of the functions of the said Council as

prescribed in this Act

Provided that, without prejudice to the provisions of this

Act and to any regulations made thereunder, the Council shall

adopt rules of procedure which shall regulate every stage of its

operations, as well as the procedure of access of the press to its

meetings in the plenary, and for all the meetings held by its

respective organs

Provided further that, without prejudice to the provisions of

this Act and to any regulations made thereunder, the Council shall

regulate the internal relations between the different organs within

the Council, and its procedures including, but not only, those

concerning internal communications between the organs within the

Council referred to in article 5A.

(5) The Council shall determine the place from which it shall

carry out its operations and all of its functions, as it deems fit and

convenient, without hindrance and as long as no conflict ensues

with any functions listed under sub-article (1) particularly in

paragraph (a) and unless falling within the parameters of the budget

established for the Council.

Without prejudice to the provisions of articles 3 and 4(1)

and any other provision of this Act or to any other regulations made

thereunder, the Council shall include within it

(a) the Plenary which shall be constituted from members

eligible to attend for the meetings of the Council;

(b) the Bureau which shall constituted from the legal

representatives and, or experts engaged by the

organisations; and

(c) the Working Groups which shall be constituted by the

social partners subject to what is just and necessary

Provided that no communication to the general public and,

or the media, shall be issued by the Bureau or Working Groups, in

the name of the Council without approval subject to a unanimous

vote of the Plenary

Provided further that, without prejudice to the provisions of

this Act and to any regulations made thereunder, the Council may

appoint sub-committees, and generally, shall regulate its own

proceedings.

(1) There shall be a standing Civil Society Committee

which shall, as much as possible, be representative of Maltese civil

society and which shall be consulted by the Council on all those

issues which the Council may, in its discretion, refer to it.

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

Prime Minister upon the advice of the Minister and the Chairperson

of the Council and shall be listed in a Notice issued by the Prime

Minister and published in the Gazette. Appointments shall be made

for a period of two years which shall commence on the date of

appointment.

(3) The Chairperson of the Committee shall be elected by the

members of the Committee from among themselves by simple

majority, for a period of two years.

(4) The Chairperson of the Council shall convene the first

meeting of the Committee no later than fifteen working days

following its appointment with the election of a Chairperson of the

Committee as its sole purpose. The Chairperson of the Council

shall carry out all preliminary and necessary acts to ensure the

orderly election of a Chairperson by the members of the

Committee.

(5) The Chairperson of the Committee shall be an ex officio

member of the Council.

(6) The Committee may act notwithstanding any vacancy

amongst its members, provided there is a quorum present at the

meeting.

(7) The Council shall adopt rules of procedure which shall

regulate the proceedings of the Committee and establish the

quorum at meetings thereof.

(1) There shall be a standing Gozo Regional Committee

which shall, as much as possible, be representative of the island of

Gozo and its community, employers’ and workers’ organisations,

civil society organisations and local councils whose purposes focus

on Gozo affairs in their areas of interest. The Committee shall be

consulted by the Council on all those issues which the Council

may, in its discretion, refer to it.

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

Prime Minister upon the advice of the Minister and the Chairperson

of the Council and shall be listed in a Notice issued by the Prime

Minister and published in the Gazette. Appointments shall be made

for a period of two years which shall commence on the date of the

appointment.

(3) The Chairperson of the Committee shall be elected by the

members of the Committee from among themselves by simple

majority, for a period of two years.

(4) The Chairperson of the Council shall convene the first

meeting of the Committee no later than fifteen working days

following its appointment with the election of a Chairperson of the

Committee as its sole purpose. The Chairperson of the Council

shall carry out all preliminary and necessary acts to ensure the

orderly election of a Chairperson by the members of the

Committee.

(5) The Chairperson of the Committee shall be an ex officio

member of the Council.

(6) The Committee may act notwithstanding any vacancy

amongst its members, provided there is a quorum present at the

meeting.

(7) The Council shall adopt rules of procedure which shall

regulate the proceedings of the Committee and establish the

quorum at meetings thereof.

(1)

There shall be a Young Shapers Forum which shall,

as much as possible, be representative of children aged between eleven

(11) and (15) years, in order to promote the active participation of the

said children in relation to issues of sustainable national economic and

social development for future generations.

(2)

The Forum shall be composed of five (5) members,

appointed by the Minister upon the advice of the Commissioner for

Children and shall be listed in a register held by the Commissioner for

Children.

(3)

The members of the Forum shall consist of children aged

between eleven (11) and fifteen (15) years, representing all schools in

Malta, provided that where possible these children shall represent the

island of Gozo and various demographies.

(4)

The Forum shall have the following functions which shall

be carried out in relation to the sustainable national economic and

social development for future generations

(a)

assist and provide its views to the Council in the

promotion of active civic engagement of children aged between

eleven (11) and (15) years and the well-being of future

generations;

(b)

provide its views to the Council in those issues

which are referred by the Council to the Forum;

(c)

facilitate

intergenerational

dialogue

and

cooperation to address issues which are of interest to children

aged between eleven (11) and (15) years and the Council.

(5)

Appointments of all members to the Forum shall be made

for a period of one (1) year which commences on the date of

appointment, and members may be reappointed.

(6) The Forum shall be invited by the Council at least five (5) times

a year, to present the views of the Forum and to discuss matters referred

to it by the Council.

(1)

The Minister shall appoint a Chief Executive Officer,

who among his responsibilities shall be responsible for the

implementation of the objectives of the Council in the exercise of its

functions and without prejudice to such generality shall

(a)

assume full responsibility for the exercise of his

powers under the direction of the Permanent Secretary of the

Ministry responsible for social dialogue;

(b)

assume full responsibility for the administration

and organisation and the administrative control of the officers

and employees of the Council and for such purpose, assign to

each officer or employee such duties as may be required;

(c)

direct and assume final responsibility for any

logistics relating to Council meetings and events;

(d)

assume responsibility for all operations relating to

external communication and public relations in connection with

the work being carried out by the Council, provided that the

consent of the Council shall be obtained prior to the publication

of any statement on behalf of the constituted bodies of the

Council;

(e)

develop the necessary strategies for the

implementation of objectives of the Council and the Committee

and take the necessary actions for the implementation of such;

(f)

provide the necessary support, being both

administrative and secretarial, required by the Council, the

Committee or any subcommittee that the Council may appoint

from time to time;

(g)

ensure the provision of all information required

by the Council and, or the Committee, as may be required, for

the effective carrying out of their functions;

(h)

provide information and carry out preparatory

work for the purpose of the Council’s budget proposals,

accounts and activity reports of the Council, and oversee and

assess the execution of these tasks;

(i)

ensure that the Council and its committees

operate in adherence to the Government financial regulations;

(j)

advise the Council on any matter that it may refer

to him or on any matter which he considers necessary or

expedient;

(k)

ensure that as far as possible, the Council and the

organs under its remit are provided with accessibility to the

research and resources necessary for them to perform their

duties;

(l)

draft the agenda of the Council in accordance with

the guidance and requests of the members of the Council, in

conformity with article 5(3);

(m) ensure the maintenance of direct communication

between the members of the Council and the officers or

employees of the Council.

(2)

The appointment of the Chief Executive Officer shall be for

a period of three (3) years which may be renewed, and under such

terms and conditions as the Minister may establish.

(3) In the case that the Chief Executive Officer is a public officer

seconded from the Government, the officer shall have the right, on the

termination of secondment, to revert to the former post without any

loss of rank or seniority.

The Government shall ensure that the Council will have

reasonable access to available statistical, economic or social data

which may be required for the Council and, or, the Committee to be

able to execute their functions as specified in this Act.

Deleted by Act XIX.2025.6.

(1)

Deleted by Act XIX.2025.7.

(2)

Deleted by Act XIX.2025.7.

(3) Cheques drawn on, and cash withdrawals made from, any bank

account of the Council shall be effected in accordance with the Public

Procurement Regulations in force.

(4)

Deleted by Act XIX.2025.7.

(5) The Council and all the bodies mentioned in articles 5A to

6A, including Committees and sub-committees, shall operate in

accordance with the financial laws applicable to the Government.

The Council and all bodies mentioned in articles 5A to 6A,

including Committees and sub-committees, shall comply with all the

applicable laws in respect of public procurement and public contracts.

(1) The Council may, with the approval of the Minister,

appoint such officers as may, from time to time, be necessary for

the due and efficient discharge of the functions of the Council. The

terms and conditions of employment shall be established by the

Council with the approval of the Minister.

(2) The Prime Minister may, at the request of the Minister,

from time to time, direct that any public officer shall be transferred

for duty with the Council in such capacity and with effect from

such date as may be specified in the Prime Minister’s direction

Provided that the period during which a direction as

aforesaid shall apply to any officer specified therein shall, unless

the officer retires from the public service, or otherwise ceases to

hold office at an earlier date, or unless a different date is specified

in such direction, cease to have effect after one year from the

effective date of such direction unless the direction is revoked

earlier by the Prime Minister.

(3) Where any officer is transferred for duty with the Council

such officer shall, during the time in which such direction has

effect, be under the administrative authority and control of the

Council but shall, for other intents and purposes, remain and be

considered and treated as a public officer.

(4) Without prejudice to the generality of the foregoing, an

officer transferred for duty as aforesaid -

(a) shall not during the time in respect of which the officer

is so transferred -

(i)

be precluded from applying for a transfer to a

department of the Government in accordance

with the terms and conditions of service attached

to the appointment under the Government held

by the officer at a date on which the officer is so

transferred for duty; or

(ii) be so employed such that the remuneration and

conditions are less favourable than those which

are attached to the appointment under the

Government held by the officer at the date

aforesaid or which would have become attached

to such appointment, during the said period, had

such officer not been transferred for duty with

the Council; and

(b) shall be entitled to have the service rendered with the

Council considered as service with the Government for

the purpose of any pension, gratuity, or benefit under

the Pensions Ordinance and under the Widows’ and

Orphans’ Pensions Act and of any other right or

privilege to which the officer would be entitled, and

liable to any liability to which the officer would be

liable, but for the fact of the officer being transferred

for duty with the Council.

(5) Where an application is made as provided in subarticle

(4)(a)(i), the same consideration shall be given thereto as if the

applicant had not been transferred for service with the Council.

(1)

The Chief Executive Officer shall ensure that proper

accounts and other records in respect of the operations of the Council

are kept, and shall ensure that a statement of accounts in respect of

each financial year is prepared.

(2)

The accounts of the Council shall be audited by an auditor

appointed by the Chief Executive Officer

Provided that the Minister responsible for finance may, after

consultation with the Minister, require the books and other accounts of

the Council to be audited or examined by the Auditor General who

shall, for this purpose, have the power to carry out such physical

checking and other verifications as may be deemed necessary.

(3)

After the end of each financial year and in any case not later

than the date on which the estimates of the Council are forwarded to the

Minister, the Chief Executive Officer shall ensure that a copy of the

statement of accounts duly audited be transmitted to the Prime Minister,

to the Minister responsible for finance and to the Minister, together with

a copy of any report made by the auditors on that statement or on the

accounts of the Council.

(4)

The Minister shall, as soon as possible, and in any case not

later than eight (8) weeks after receiving a copy of every such

statement and report, or if at any time during that period the House of

Representatives is not in session, within eight (8) weeks from the

beginning of the next following session, cause a copy of every such

statement and report to be laid on the Table of the House of

Representatives.

(5)

The financial year of the Council shall commence on the 1st

January and shall end on the 31st December of every calendar year

Provided that the accounts of the Council for the year 2025,

shall cover the period from September 2024 to December 2025.

(1) The Council shall, not later than six weeks after the

end of each financial year, make and transmit to the Prime Minister,

to the Minister, and to the Minister responsible for Finance, an

annual report on its activities during that year.

(2) Each annual report shall include a general report of

developments during the period to which it relates in respect of

matters falling within the scope of the mandate of the Council.

(3) The Minister shall, at the earliest opportunity, and not later

than eight weeks after receiving a copy of every such report, or if at

any time during that period the House of Representatives is not in

session, within eight weeks from the beginning of the next

following session, cause a copy of every such report to be laid on

the Table of the House of Representatives.

The Minister may make regulations generally so as to give

effect to the provisions of this Act, and for the better carrying out

of any of the provisions of this Act including regulations

establishing the criteria to be used for the composition of the Civil

Society Committee and the Gozo Regional Committee, the number

of members and any other matter for the proper functioning of such

Committees.