MT
SPORTS ACT (preamble—sportsact)
Table of Provisions (59)
Statutory Text (59 Articles)
S P OR TS
CHAPTER 455
SPORTS ACT
To encourage and promote sport, to provide for the establishment of a national sport
council to exercise the functions relating to sport currently vested in the Department of Youth
and Sport and SportMalta, to provide for the registration of sport organisations, and to
establish dispute resolution structures.
27th January, 2003;
3rd April, 2009
ACT XXVI of 2002, as amended by Act XXXII of 2007; Legal Notice 427 of 2007; and Acts
X of 2013, VI of 2016, XXIX of 2019 and LIV of 2021.
The short title of this Act is the Sports Act.
Amended by
VI. 2016.7.
(Article 16)
List of facilities allocated to Clubs/Associations/Federations
Club/Association/Federation
Facilities
Address
Marsaskala Sports Club
Waterpolo pitch and club
Triq iż-Żonqor, Marsaskala
house
Marsaxlokk Aquatic Sports
Waterpolo pitch and club
Ponta
tal-Qrejten,
Club
house
Marsaxlokk
N e p t u n e s Wa t e r p o l o &
Waterpolo pitch and club
Triq il-Kbira, St Julians
Swimming Club
house
S a n Ġ i l j a n Aq u a t i c S p o r t s
Waterpolo pitch and club
Triq Ġorġ Borg Olivier, St
Club
house
Julians
Barracudas Aquatic Spor ts
Waterpolo pitch and club
Triq Stella Maris, St Paul’s
Club
house
Bay
Sirens Aquatic Sports Club
Waterpolo pitch and club
Xatt il-Lanċa, Triq S.
house
Ġeraldu, St Paul’s Bay
Sliema Aquatic Sports Club
Waterpolo pitch and club
Taħt il-Fonizza, Sliema
house
Exiles Sports Club
Waterpolo pitch and club
Triq it-Torri, Sliema
house
Ta ’ X b i e x A q u a t i c S p o r t s
Waterpolo pitch and club
Triq ix-Xatt ta’ Ta’ Xbiex,
Club
house
Ta’ Xbiex
Malta Football Association
National Stadium, car park
Ta’ Qali
training grounds and a
piece of land
Assoċjazzjoni
Sportiva
Football pitch and training
Sport Complex, Kordin
Hibernians
ground (including premises
annexed thereto)
Sports pavilion and
basketball court
Piece of land
7-a-side football pitch
Tr i q l - I s q o f B u h a g i a r,
(including
premises
Kordin
annexed thereto)
Dingli Swallows Football
Football pitch and dressing
Tr i q C a r m e l o B u g ej a ,
Club
rooms
Dingli
Marsaxlokk Football Club
Football pitch and dressing
Tr i q
i t - Tr u n ċ ie r a ,
rooms
Marsaxlokk
Mellieħa Sports Club
Football pitch and dressing
Triq Vincenzo Ciappara,
rooms
Mellieħa
Mosta Football Club
Full size football pitch,
Triq Manwella, Mosta
five-a-side football pitch
and dressing rooms
Pietà Hotspurs Football Club
Football pitch and club
Triq id-Duluri, Pietà
house
SPORTS
Club/Association/Federation
Facilities
Address
Luxol Sports Club
Football pitch (including
St Andrews Road,
(St Andrews)
all premises annexed
St Andrews
thereto)
Administrative block
2 five-a-sde football
pitches (including all
premises annexed thereto)
Gynmasium
Santa Lucia Football Club
Full size football pitch with
D a w r e t i t - To r r i , S a n t a
spectators’ stand and club
Luċija
house including dressing
rooms
Sirens Football Club
Football pitch and dressing
Tr i q i l - Wi l e ġ , St P a u l ’s
rooms
Bay
Siġġiewi Football Club
Full size football pitch
l/o Wied Ħesri, Siġġiewi
(including
premises
annexed thereto)
Tarxien Rainbows Football
Football pitch, club house
Triq San Franġisk, Tarxien
Club
and dressing rooms
Vittoriosa Stars Football Club
Football pitch
Tal-Fortini f ’San Dwardu,
Vittoriosa
Żabbar St Patrick’s Football
Football pitch and dressing
Barra s-Swar, Żabbar
Club
rooms
Żurrieq Football Club
Football pitch and dressing
Valletta Road, Żurrieq
rooms
Scouts Association of Malta
Land at Għajn Tuffieħa
Għajn Tuffieħa
Mosta Girl Guides
Premises at Mosta
Triq id-Dwar, Mosta
Birżebbuġia Boċċi Club
Boċċi pitch and club house
Triq
San
Patrizju,
Birżebbuġia
Birżebbuġia Aquatic Sports
Waterpolo pitch and club
Tr i q i l - B a j j a s - S a b i ħ a ,
Club
house
Birżebbuġia
Lija Boċċi Club
Boċċi pitch and club house
Triq it-Trasfigurazzjoni,
Lija
Lija Tennis Club
Tennis court
Triq Karlu Darmanin, Lija
Dressing room
Triq it-Trasfigurazzjoni,
Lija
Marsa Regatta Club
Club house
Il-Moll tal-Braken, Marsa
Mosta Cycling Club
Club house
Triq id-Dwar, Mosta
Hockey Association Malta
Immovable
property
Hockey Complex, Kordin
(including 2 hockey pitches
and dressing rooms)
Tennis Club Kordin
4 tennis courts, club house
Sport Complex, Kordin
and dressing rooms
Vittoriosa Lawn Tennis Club
4 tennis courts, club house
Sport Complex, Kordin
and dressing rooms
Paola Boċċi Club
Boċċi pitch and club house
Triq il-Wied, Paola
Pawla Wolves Sports Club
Boċċi pitch and club house
Tri q it -Telgħ a ta’ Raħal
Ġdid, Paola
Malta Judo Federation
Land at Pembroke
Pembroke
Melita Football Club
Football pitch
Pembroke
Pembroke Tennis Club
2 tennis courts
Triq Tunis, Pembroke
Pembroke Athleta Sports Club
Basketball pitch and
Pembroke
clubhouse
S P OR TS
Club/Association/Federation
Facilities
Address
Malta Tennis Federation
Land at Pembroke
Pembroke
BMX Association
Land at Pembroke
Pembroke
Island Radio Model Car Club
Land at Pembroke
Pembroke
Qormi Hockey Club
Hockey pitch and club
Tr i q M an w e l D i me c h ,
house
Qormi
Senglea Boċċi Club
Boċċi pitch and club house
Tr i q i l- Ħ a b s l - A n t ik ,
Senglea
Paola/Tarxien Boċċi Club
2 Boċċi pitches and club
Triq it-Tempji Neolitiċi,
house
Tarxien
Żabbar St Peters Boċċi Club
Boċċi pitch and club house
Triq San Leonardu, Żabbar
Żabbar Boċċi Club
Boċċi pitch and club house
Triq il-Kunvent, Żabbar
Żebbuġ Boċċi Club
Boċċi pitch and club house
Triq Pariżi, Żebbuġ
Żejtun Boċċi Club
Boċċi pitch and club house
Tr i q i d - D a ħ l a ta ’ S an
Tumas, Żejtun
Guy Boċċi Club Żurrieq
Boċċi pitch and club house
Triq il-Mitħna, Żurrieq
Sannat Lions Football Club
Football pitch, complete
Triq il-Marżiena, Sannat,
with spectators’ stand and
Gozo
club house
Malta Basketball Association
Basketball court, dressing
Ta’ Qali
rooms and office
Birkirkara Scout Group
Ex-camp site Baħar iċ-
Baħar iċ-Ċagħaq
Ċagħaq
Pembroke/St Andrews Scout
Part of Sandhurst School
Pembroke
& Pembroke/North District
grounds
Girl Guides
South District Scouts Group
Part of ex-Rinella WT
Daħla tar-Rinella
Station
Hamrun Liberty Sports Club
Boċċi pitch and club house
Tr i q M i l e E n d c / w Tr i q
Schembri, Ħamrun
Birkirkara Football Club
Football pitch and dressing
Triq Bon tadi ni c/w Tri q
rooms
P.P. Castagna, Birkirkara
5-a-side football pitch
Marsa Football Club
Football pitch and dressing
Triq Diċembru 13, Marsa
rooms
Mqabba Football Club
Football pitch and dressing
Triq il-Madonna tal-Ġilju,
rooms
Mqabba
Pembroke Athleta Sports Club
Land at Pembroke
Pembroke
Qormi Football Club
Football pitch and dressing
Triq Valletta, Qormi
rooms
St. Patrick’s Athletics Club
Club house
Dawret il-Gudja, Gudja
Birkirkara Tennis Club
Land at Birkirkara
Għar il-Ġobon, Birkirkara
Rinella Tennis Club
Te n n i s c o u r t a n d c l u b
E x - R i n e l l a W T St a t i on ,
house
Rinella
SportMalta
Marsa Sports Complex
Marsa according to the
attached plan marked
Schedule 1A
SportMalta
Cottonera Regional Sports
Cottonera according to the
Complex
attached plan marked
Schedule 1B
Malta Amateur Athletic
Premises at Marsa
6 a n d 7 Tr i q i t - Ti ġ r i j a ,
Association
Marsa
SPORTS
Club/Association/Federation
Facilities
Address
Kirkop Boċċi Club
Club house and boċċi pitch
Triq Salvu Sacco, Kirkop
Santa Lucia Boċċi Club
Club house and boċċi pitch
Vjal Oleander, Santa Lucia
Qrendi Boċċi Club
Club house and boċċi pitch
Tr i q A n t o n i o Ch i r c o p ,
Qrendi
San Bastjan Boċċi Club
Club house and boċċi pitch
Ta’ l-Istabar, Triq Manuel
Dimech, Qormi
Pietà Boċċi Club
Club house and boċċi pitch
Triq Marina, Pietà
Wied il-Għajn Boċċi Club
Club house and boċċi pitch
T r i q S a n t a Te r e ż a c / w
Pjazza Dun Tarċis Agius,
Wied il-Għajn
Mosta Boċċi Club
Club house and boċċi pitch
Trejqa tal-Paroċċa, Mosta
Fgura Football Club
Football ground and
Triq A.M. Valperga, Fgura
dressing rooms
Żejtun Red Stars AFC
Club house and store
Triq San Girgor, Żejtun
Mellieħa Sports Club
Land adjacent to football
Triq Qasam B arrani,
ground
Mellieħa
Gozo Football Association
Footbal ground and
Tr i q I - I m ġ a r r, X e w k i j a ,
premises
Gozo
Birżebbuġa Shooters Club
Shooting club and shooting
Ħal Far
range
Regatta Club Cospicua
Club house and stores
T r i q S a n t a Te r e ż a ,
Cospicua
Għaqda Sajjieda u Dilettanti
Land adjacent to Triq il-
Buġibba l/o San Pawl il-
Buġibba
Knisja
Baħar
Rabat Scouts Group
Land at Rabat
Triq Rudolph Saliba, Rabat
Malta Playing Fields
Premises at Ta’ Xbiex
Triq ix-Xatt ta’ Ta’ Xbiex.
Association
Ta’ Xbiex
Paola Wolves Sports Club
Land al Paola
Telgħet Raħal Ġdid, Raħal
Ġdid
M a r s a S po r t s a nd Co u n t r y
Land at Marsa
Marsa
Club
Young Sailors Club
Site at St Paul’s Bay
St Paul’s Bay
Assoċjazzjoni Sport Floriana
Site at Floriana
Sport Co mp lex, Triq
Vincenzo Dimech c/w Triq
il-Mall, Floriana
Floriana Football Club
Football grounds and
Sport Co mp lex, Triq
dressing rooms/pump room
Vincenzo Dimech c/w Triq
il-Mall, Floriana
Young Stars Hockey Club
Hockey pitch
Sport Co mp lex, Triq
Vincenzo Dimech c/w Triq
il-Mall, Floriana
Floriana Basketball Club
Basketball court and
Sport Co mp lex, Triq
dressing rooms
Vincenzo Dimech c/w Triq
il-Mall, Floriana
Floriana Boċċi Club
Club house and boċċi pitch
Sport Co mp lex, Triq
Vincenzo Dimech c/w Triq
il-Mall, Floriana
Drag Racing Association
Site at Ħal Far
Ħal Far
Island Karting Club
Site at Ħal Far
Ħal Far
Marsa Boċċi Club
Club house and boċċi pitch
K u m p l e s s s p o r t i v, Tr i q
Diċembru Tlettax, Marsa
S P OR TS
Club/Association/Federation
Facilities
Address
St George’s Football Club
Club house
1 4 B l o k k A , Tr i q i l -
Pellegrina, Cospicua
Ċentru Boċċi Buġibba
Club house and boċċi pitch
Islet Promenade, Buġibba
Għaq da Sajjieda Dilettanti
Site at Birżebbuġa
Birżebbuġa
Birżebbuġa
Birkirkara Scout Group
Land at Baħar iċ-Ċagħaq
Baħar iċ-Ċagħaq
Malta Model Aircraft Flying
Land at Ta’ Qali
Ta’ Qali
Association
SCHEDULE IA SPORTS
SCHEDULE 1B
In this Act, unless the context otherwise requires
"advisory committee" means an advisory committee established
in accordance with article 21;
"Association" or "National Association" means an association of
clubs on a national level who group together for the purpose of
promoting a particular sport or for organising competitive games in
such sport;
"Board" means the Board of Directors of SportMalta;
"Chairperson" means Chairperson of SportMalta and includes, in
the circumstances mentioned in article 4(4), the Deputy
Chairperson or other person appointed to act as Chairperson
Provided that, in relation to articles 18, 20 and 21,
"Chairperson" means the Chairperson of a Management
Committee, Directorate or Advisory Committee, as the case may
be;
"Chief Executive Officer" means the Chief Executive Officer of
SportMalta appointed in accordance with article 11;
"club" means an association of persons, whether in the form of a
civil partnership, or a commercial partnership or otherwise, in
which individuals constitute themselves in or form part of an
association mainly for the purpose of engaging or organising sport
activities;
"designated property" means the immovable property referred to
in article 16(1) and (3) or otherwise transferred to SportMalta;
"directorate" means any directorate established in accordance
with article 20;
"employee" means a person employed by SportMalta;
"Federation" or "National Federation" means an association
being mainly an association of a number of National Associations
of the same sport activity or of associated sport activities;
"financial year" means a period of twelve months ending on the
31st December
Provided that the financial year which commenced on the 1st
October, 2007 shall be for a period of fifteen months and shall
terminate on the 31st December, 2008;
"Malta Arbitration Centre" means the Arbitration Centre
established under the Arbitration Act;
"Malta Olympic Committee" means the Malta Olympic
Committee established on the 9th June 1928 and having the Statute
reproduced in the Second Schedule, as such statute may from time
to time be amended, varied or substituted in accordance with the
terms thereof;
S P OR TS
"Maltese" means persons who are citizens of Malta and such
other categories of persons as the Minister may from time to time
prescribe;
"management committee" means a committee established in
accordance with article 18;
"Minister" means the Minister responsible for sports;
"Ordinance" means the Commissioner of Land Ordinance and
includes the Government Lands Act;
"person" includes a body of persons and any body corporate
established by law;
"prescribed" means prescribed by regulations made by the
Minister under this Act;
"public officer", in relation to article 51, has the same meaning
assigned to it by article 124 of the Constitution but does not include
a judge or a magistrate;
"registered person" means a person registered in the Register of
Sport Persons under the Sports Governance and Integrity Act
"sport" includes all forms of physical or mental activity which,
through casual or organised participation or through training
activities, aim at expressing or improving physical and mental
well-being, forming social relationships or obtaining results in
competition at all levels, but excludes those activities held for
therapeutic or clinical purposes or are part of the activities of
health institutions or health centres, and includes any other activity
as the Minister may from time to time and after consultation with
SportMalta prescribe;
"sport facilities" means the property, movable and immovable,
including designated property referred to in articles 14, 15 and 16
and any other property, corporeal or incorporeal, that may be used
for the purposes of sport;
"SportMalta" means the body established in accordance with article
4;
"Sports Fund" means the fund referred to in article 19;
"sport school" means an undertaking, organisation or enterprise,
by whomsoever owned or managed, the main function of which is
to educate on a full time or part-time basis in any particular sport
discipline or sport disciplines.
(1) Physical Education and Sport shall be taught and
practised in all primary and secondary schools as further set out in
laws, regulations, curricula and directives applicable to such
schools and issued under the Education Act.
(2) The State recognises that no discrimination should be
permitted on the grounds of sex, race, colour, religion or political
opinion or residence within different localities of Malta in the
access to sport facilities or to sport activities.
(3) The State recognises that everyone should have the
opportunity to take part in sport, and that where necessary,
SPORTS
additional measures shall be taken aimed at enabling and
encouraging women and young gifted people, as well as
disadvantaged or disabled persons or groups of such persons, to
effectively take advantage of such opportunities.
(4) All sport activities shall respect the human dignity and the
health and safety and general welfare of all participants in sport.
All participants in sport activities shall follow the rules of fair play.
All organisations and persons involved in sport activities shall
endeavour to ensure that no unsanctioned use is made in sport of
illegal substances or of performance enhancing drugs or doping
methods in sport.
(5) In the promotion of sport no use shall be made of
promotional material or methods that tend to exploit young people.
(6)
Repealed by Act LIV.2021.76.
(7) The provisions of this article shall not be enforceable in any
court, but the principles herein contained shall be of guidance in
the regulation and promotion of sport in Malta.
PART II
ESTABLISHMENT, FUNCTIONS AND CONDUCT OF AFFAIRS
OF SPORTMALTA
(1)
There shall be a body, to be known as SportMalta.
(2) The affairs and business of SportMalta shall be the
responsibility of and be conducted by a Board of Directors.
(3)
(a) The Board shall consist of not less than seven and not
more than nine members. The members of the Board
shall be appointed by the Minister for a term not
exceeding three years and will be eligible for re-
appointment on the expiration of their term of office.
(b) The members of the Board shall be persons who, in the
opinion of the Minister, have experience in matters
relating to sport.
(c) A member of the Board shall be nominated by the
Malta Olympic Committee and another from among
those persons responsible for sport education within
the Ministry responsible for Education and nominated
by the Minister responsible for Education and another
member shall be nominated by National Associations
responsible for non-Olympic Sports.
(4) The Chairperson of the Board and the Deputy Chairperson
shall be appointed by the Minister from among the members of the
Board. The Board shall be assisted by a secretary appointed by the
Minister.
(5) Where the Chairperson is absent from Malta or is otherwise
temporarily unable to perform the functions of his office, the
Deputy Chairperson shall act as chairperson and shall exercise all
the powers and functions of the Chairperson.
S P OR TS
(6) A person shall not be qualified to be appointed or to hold
office as a member of the Board if he
(a) is a judge or magistrate; or
(b) is legally incapacitated; or
(c) has been declared bankrupt or has made a composition
or arrangement with his creditors; or
(d) has been convicted of a crime affecting public trust or
theft or fraud or of knowingly receiving property
obtained by theft or fraud; or
(e) has a financial or other interest in any enterprise or
activity which is likely to affect the discharge of his
functions as a member of the Board
Provided that the Minister may waive the
disqualification of a person under this paragraph if
such person declares the interest and such declaration
and waiver are published in the Gazette.
(7) Subject to the provisions of this article, the office of a
member of the Board shall become vacant
(a) at the expiration of his term of office, or
(b) if any circumstances arise that, if he were not a
member of the Board, would cause him to be
disqualified for appointment as such.
(8) A member of the Board may be relieved from office by the
Minister on the ground of inability to perform the functions of his
office, whether due to infirmity of mind or body, or to any other
cause, or on the ground of misbehaviour.
(9) A member of the Board may resign his office by means of a
letter to the Minister. If a member resigns or is relieved from office
by the Minister or if the office of a member of the Board is
otherwise vacant, the Minister may appoint a person who is
qualified to be appointed as member of the Board; and any person
so appointed shall continue in office for the remaining period of the
term of office of the person whom he is substituting and shall be
eligible for reappointment.
(10) Any member of the Board who has any direct or indirect
interest in any contract made or proposed to be made by
SportMalta, not being an interest which disqualifies such member
from remaining a member, shall disclose the nature of his interest
at the first meeting of the Board after the relevant facts have come
to his knowledge, such disclosure shall then be recorded in the
minutes of the Board, and the member having an interest as
aforesaid shall withdraw from any meetings at which such contract
is discussed. Any such disclosure shall be communicated to the
Minister without delay. Where the interest of the member is such as
to disqualify him from remaining a member, he shall report the fact
immediately to the Minister and, without prejudice to the
provisions of the proviso to sub-article (6)( f ), tender his
resignation.
SPORTS
(11) SportMalta shall perform its functions and shall exercise its
powers either directly or through any of the following, namely (a)
management committees, (b) directorates, or (c) any other persons
(including commercial partnerships or foundations, appointed for
the purpose after consultation with the Minister).
(12) Subject to the other provisions of this Act and to any
directions of the Board, the executive conduct of SportMalta, its
administration and organisation and the administrative control of
its officers and servants, shall be the responsibility of the Chief
Executive Officer, who shall also have such other powers as may
from time to time be delegated to him by the Board. The Chief
Executive Officer shall also be responsible for the implementation
of the objectives of SportMalta and the exercise of its functions and
without prejudice to the generality of the foregoing he shall
develop the necessary strategies, policies and regulations for the
implementation of the objectives of SportMalta, advise the Board
on any matter it may refer to him or on any matter which he
considers necessary or expedient, and perform such other duties as
the Board may assign to him from time to time.
(13) The Chief Executive Officer shall have the right to attend
all the meetings of the Board. He shall not, however, have a vote or
be counted for the purpose of constituting a quorum.
Amended by
L.N. 427 of 2007.
(Article 2)
STATUTE OF THE MALTA OLYMPIC COMMITTEE
(as amended on the 7th March 2001)
NAME
1.1 The Organisation shall be called "The Malta Olympic Committee"
hereinafter referred to as the MOC and shall be the supreme and exclusive authority
on matters relating to representation of Malta at the Olympic Games,
Commonwealth Games, Mediterranean Games, Games of Small States of Europe and
other International Games which fall under the jurisdiction of the Malta Olympic
Committee.
1.2 The MOC is autonomous and shall resist all pressures of any kind
whatsoever, whether political, religious, racial or economic, and commits itself to
taking action against any form of discrimination and violence in sport. Moreover,
this statute shall, at all times, be in accordance with the Olympic Charter. The MOC
undertakes to comply with the rules and bye-laws of the IOC with regards to the
participation of athletes in the Olympic Games.
1.3 The Malta Olympic Emblem is designed as follows: A Red Maltese Cross
above five interlaced rings, known as the "Olympic Rings" - blue, yellow, black,
green and red - arranged in that order from left to right, the blue colour being placed
on the top left hand side. The Flag shall consist of the MOC Emblem on white
background. These have been approved by the International Olympic Committee
(IOC) and are the exclusive property of the MOC. Should an anthem be adopted by
the MOC, this will have to be approved by the IOC. The address of the MOC shall be
S P OR TS
at the National Swimming Pool Complex, Gżira, or at any other address as the
Executive Board may from time to time decide.
1.4 The language of the MOC is the Maltese language. The Maltese and English
languages shall be the official languages of the MOC and the administration may for
all official purposes use any of such languages.
OBJECTIVES
The objectives of the MOC shall be
2.1.1 To encourage and promote interests in such sports as may form part of the
Olympic Games, Commonwealth Games, Mediterranean Games, Games of the Small
States of Europe as well as any International Games, for which participation falls
under the jurisdiction of the MOC.
2.1.2 To foster and if necessary subsidise the representation for Malta at the
Olympic Games, Commonwealth Games and Mediterranean Games, Games of Small
States of Europe as well as any International Games.
2.1.3 To ensure that preparations by prospective participants are of a standard
that would ensure participation with honour in all events.
2.1.4 To contribute in any way to the propagation of the Fundamental Principles
of the Olympic Movement. Consequently the MOC shall
(a) Propagate the fundamental principles of Olympism at national level
within the framework of sports activity and otherwise contribute, among
other things, to the diffusion of Olympism in the teaching programmes
of physical education and sport in schools and university
establishments. The MOC is to see to the creation of institutions, which
devote themselves to Olympic education and in particular to concern
itself with the establishment and activities of National Olympic
Academies, Olympic Museums and cultural programmes related to the
Olympic Movement.
(b) Ensure the observance of the Olympic Charter.
(c) Encourage the development of sport.
(d) Help in the training of sports administrators.
(e) Fight against the use of substances and procedures prohibited by the
IOC or the IFs.
(f)
Work to maintain harmonious and cooperative relations with
appropriate governmental bodies. Nevertheless, the MOC shall preserve
its autonomy and resist all pressures of any kind, including those of a
political, religious or economic nature, that may prevent it from
complying with the Olympic Charter.
2.1.5 To offer solutions to the various problems of sport in Malta and to develop
sport in general in Malta.
2.1.6 The Malta Olympic Committee, an organisation belonging to the Olympic
Movement, hereby undertakes to respect the provisions of the Olympic Charter and
the Olympic Movement Anti Doping Code and to abide by the decisions of the IOC.
The MOC undertakes, in accordance with its mission and role at national
level, to participate in actions to promote peace and to promote women in sport, and
to support and encourage the promotion of sport ethics, to fight against doping and
to demonstrate a responsible concern for environmental issues.
SPORTS
2.1.7 The mission of the MOC is to develop and protect the Olympic Movement
in Malta in accordance with the Olympic Charter. In order to fulfil its mission, the
MOC may cooperate with governmental or non-governmental bodies. However, the
MOC must never associate itself with any activity, which would be in contradiction
with the Olympic Charter.
AFFILIATION
3.1 The MOC shall be affiliated to the International Olympic Committee,
Commonwealth Games Federation, Mediterranean Games Organisation and the
Games of the Small States of Europe. The MOC may also affiliate to any other
international sports organisation.
CONSTITUTION
4.1
The MOC shall consist of
4.1.1
Affiliated Associations / Federations / Sport Unions.
4.1.2
The President and General Secretary of the MOC.
4.1 3
The Maltese member(s) of the IOC.
4.1.4
Olympians as specified in art 5.1.15.
4.1.5 Government or other public authorities shall not designate any members of
an NOC.
4.1.6 The individual members of the MOC, with the exception of those who
devote themselves to the administration of sport, shall accept no salary or bonus of
any kind in consideration for the performance of their functions.
4.1.7 A member, honorary member or any person expelled from the IOC may not
be a member of the MOC.
ELIGIBILITY FOR AFFILIATION
5.1 All properly constituted active local Associations / Federations / Sport
Unions organising, on a national level, a sport which forms part of the programme of
any Games that fall under the jurisdiction of the MOC, or a sport which is either
recognised by the IOC or any other sport, including traditional sport, shall be
eligible for affiliation to the MOC.
The MOC shall include all national federations affiliated to the IFs
governing sports included in the programme of the Olympic Games or the
representatives designated by them (with a minimum of five such national
federations). Proof must be adduced that these national federations exercise a
specific and real sport activity in their country and internationally, in particular by
organizing and participating in competitions and implementing training programmes
for athletes. The MOC shall not recognize more than one national federation for each
sport governed by such IF.
Athletes or retired athletes having taken part in the Olympic Games;
however, the latter must retire from their posts at the latest by the end of the third
Olympiad after the last Olympic Games in which they took part.
The NOCs may also include as members
a)
National federations affiliated to IFs recognized by the IOC, the sports
of which are not included in the programme of the Olympic Games.
b)
Multi-sport groups and other sport-oriented organizations or their
representatives, as well as nationals of the country liable to reinforce
the effectiveness of the MOC or who have rendered distinguished
S P OR TS
services to the cause of sport of Olympism.
5.1.1 Each particular sport shall be represented in the Malta Olympic Committee
by one Association/Federation/Sport Unions.
5.1.2 All applications for affiliation shall be examined by the Executive Board
in order to verify whether such applications are in conformity with these Rules. The
Board will then submit its recommendations to the Council for final decision.
5.1.3 If it results to the satisfaction of the MOC Executive Board that any
affiliated Association/Federation/Sport Union is in default in respect of any of the
criteria for affiliation as established in this article, the Executive Board will then
recommend to the Council that such Association/Federation/Sport Union be either
suspended or expelled. The Executive Board may also make such recommendation
for any reason which it deems fit. The Council will then have the power to suspend
for a definite time or expel such Association/Federation/Sport Union.
5.1.4 A motion of removal of an affiliated Association/Federation/Sport Union
or any individual member must appear on the Agenda of the meeting and shall
require the approval of at least two-thirds of the members present at the meeting for
its adoption.
5.1.5 Any individual may be suspended or otherwise dealt with. He shall be
notified by registered letter within seven days of suspension, the date and period of
suspension.
5.1.6 An Association/Federation/Sport Union which is suspended shall be
notified by registered letter by not later than seven days of the decision indicating
the date and period of suspension.
5.1.7 A term of suspension commences from the time it is pronounced by the
MOC unless otherwise stipulated and does not expire until the close of the day
named in the decision.
5.1.8 Any properly constituted active local sports Association/Federation/Sport
Union, which is not an MOC affiliated Association/Federation/Sport Union, and
which must have been set up for at least two years, may be accepted by the Council,
with a unanimous vote, as an Associate member of the Malta Olympic Committee.
5.1.9 An Association/Federation/Sport Union which potentially can become a
full member of the MOC requires a two thirds majority vote of the Council to be
accepted.
5.1.10 One representative of each Associate member shall have the right to attend
Council Meetings, but shall not have the right to vote.
5.1.11 Associate and/or recognised members may benefit from any programme or
project of the Malta Olympic Committee.
5.1.12 The MOC shall recognise the Olympians Club composed of athletes or
retired athletes having taken part in the Olympic Games.
5.1.13 The Olympians Club shall be constituted according to Annex C.
5.1.14 For the purpose of representing of the Olympians Club on the MOC
Council, such athlete will only be eligible up to the third Olympiad after the last
Olympic Games in which he/she took part.
5.1.15 The Olympians Club shall have one representative on the Council.
GOVERNING BODY
6.1
The Council shall be the highest organ of the MOC and will be the policy-
SPORTS
making body.
6.1.1 The President of the MOC, the General Secretary of the MOC and the two
representatives of each of the affiliated Associations/Federations/Sport Unions,
whose fees are paid up, shall constitute the Council and shall have voting powers.
The President shall also have a casting vote.
6.1.2 Legal representation of the MOC shall be vested in the person or persons
so appointed for the particular issue by the Management Committee. All Elected
members of the Executive shall assume office immediately after the meeting at
which they are elected and remain in office until the end of their respective term of
office or until they retire. Members will be eligible for re-election.
6.1.3 The Council shall have the power to co-opt not more than four members
from outside the Organisation for a period of not more than one year. However, the
Council may appoint any number of individuals to assist on any specific project
which does not have a direct bearing on the administration of the MOC.
6.1.4 The President and General Secretary of the MOC shall relinquish their post
as President, General Secretary or Treasurer of any affiliated Association/
Federation/Sport Union, if they hold such posts on being elected as officers of the
MOC. The President and General Secretary of the MOC cannot hold the post of
President, General Secretary or Treasurer with any affiliated Association/Federation/
Sport Union.
THE COUNCIL
7.1 The Council shall have the power to administer the affairs of the MOC and
shall consist of the following
7.1.1
The President of the MOC.
7.1.2
The General Secretary of the MOC.
7.1.3
The Maltese member/s of the IOC.
7.1.4
The co-opted members but without the right to vote.
7.1.5 Two representatives of each of the affiliated Associations/Federations/
Sport Unions.
7.1.6 The members of the Executive Board who are not the Council Members,
but without the right to vote.
7.1.7
Representative of the Olympians Club.
COUNCIL REGULATIONS
8.1 The Council will meet at least three times in a year, once during January/
March, another time during June/July and the third time during November/
December.
8.2 Documents to be discussed and approved by Council shall be submitted to
all council members at least 30 days prior to the meeting.
8.3 Twenty-five per cent of all the members of the MOC having the right to vote
shall form a quorum at all meetings. If the said quorum is not attained after one hour
from the scheduled time, a second meeting shall be convened not before 7 days and
not later than one month from the date of the first meeting and the quorum shall be
the members present at the second meeting.
8.4.1
The following shall have the right to vote at all meetings
a)
The President;
S P OR TS
b)
The General Secretary;
c)
The Maltese Member/s of the IOC, if any;
d)
Two representatives of each of the affiliated Associations/Federations/
Sport Unions.
e)
Representative of the Olympians Club.
8.4.2 The President and General Secretary have no vote in respect of the
elections of the Executive Board members.
8.5.1 When dealing with questions relating to the Olympic Games, only the
votes cast by national federations affiliated to IFs governing sports included in the
programme of the Olympic Games are taken into consideration.
8.5.2 The MOC shall not recognise more than one national federation for each
sport governed by such IF.
Furthermore, such national federations or the representatives chosen by
them must constitute the voting majority of the MOC on Olympic matters.
When the representatives do not reach agreement on whether the subject
discussed is an Olympic matter or otherwise, the President or person chairing the
meeting shall rule on what constitutes an Olympic matter basing his decision on
what is provided in the Olympic Charter. Such ruling shall not be subject to
challenge by Council Members.
8.5.3 Save as specified on Art. 8.8.2 all votes shall be determined by simple
majority of the members present.
8.6 All voting at all council meetings shall be determined by the show of hands
unless a secret vote is called by any member.
8.7 Council meetings shall be summoned by the Secretary General, following a
discussion by the Executive. The Secretary General shall inform all those entitled to
attend by means of a circular to be sent by not later than sixty (60) days prior to the
meeting. The accidental non-receipt of the Agenda or any document attached to it
shall not be considered in any way an infringement of this sub-section.
8.8.1 Amendments to the Statute can be proposed in the first council meeting of
the year, by the Executive Board or by an affiliated Association/Federation/Sports
Unions as long as they are submitted to the Secretary General of the MOC at least
six weeks before the meeting in order to be sent to all members thirty (30) days prior
to the council meeting.
8.8.2 Amendments carried require the approval of two-thirds of the members
present with the right to vote. However amendments to the annexes shall only
require a simple majority for amendments.
8.8.3 Any subsequent change to the statutes as originally approved by the IOC
shall also be communicated to the latter with a request for approval.
8.9.1 In the last meeting in the year of the Olympic Games the Council will elect
the President and the Secretary General of the MOC and the other members of the
Executive Board consisting of the Deputy President, the Director of Finance, the
Director of Sport and eight (8) other directors. This meeting shall be known as the
Elective General Assembly.
8.9.2 Save as provided below, the eight persons polling the highest number of
votes during the Elective General Assembly shall be declared elected. In the case of
a tie for the last elected Director, there will be further elections between the
candidates who obtained the same number of votes.
SPORTS
However, the gentleman and lady obtaining the highest number of votes
f r o m g e n t l e m en o r l a d ie s s t a n d i n g f o r e l e c t i o n , s ha l l b e d e c l a r e d el e c te d
notwithstanding that he/she is not included with the top eight, provided that he/she
shall have obtained a minimum of 10% of the valid votes cast. In this latter case, the
last elected candidate will be replaced by the gentleman/lady as specified in the sub-
section. Should no gentleman/lady be elected as stated above, the Executive shall,
during its first meeting co-opt its eighth director accordingly with full voting rights.
8.10 Notice of resolutions must reach the Secretary General of the MOC at least
six weeks prior to the meeting. Resolutions not notified may not be discussed until
the appropriate procedure is followed.
MOC EXECUTIVE BOARD
9.1.1 The Executive Board will be responsible to put into effect the policy as
decided by the Council and to run the affairs of the MOC in conformity with that
policy.
9.1.2 The Executive Board will consist of the persons elected as per article 8.
They shall hold office from the moment they are declared elected up to the next
Elective General Assembly. The Executive shall appoint from amongst its members,
directors responsible for the various duties mentioned in 9.2 below or any other duty,
which it feels fit to assign.
9.1.3
The Maltese IOC member/s shall be ex officio member/s of the Executive
Board.
9.1.4
The duties of the Executive Board, inter alia, are the following
a)
Deal with all business of the MOC (not policy);
b)
Deal with urgent business of the MOC on behalf of the MOC. These
decisions are to be ratified later at the first Council Meeting;
c)
Raise funds and take charge of teams representing Malta.
9.1.5 The Executive Board is summoned by the President or Secretary General
at least ten times a year or at the request of two members. Six members shall form a
quorum.
9.1.6 There shall be a Management Committee of the MOC. This shall consist of
the President, Deputy President, Secretary General, Director of Finance and Director
of Sports.
9.1.7 The Management Committee shall be responsible for the day to day
management of the MOC according to the policy established by the Council.
9.1.8 The Management Committee shall meet as often as required. Three shall
constitute a quorum.
9.1.9 The minutes of the Management Committee shall be approved by the
Management Committee. However, they shall be circulated to all Executive
Committee Members.
9.1.10 The Management Committee shall not borrow or enter into any loan
agreements totalling more than fifty-eight thousand and two hundred and thirty-four
euro and thirty-three cents (€58,234.33) without the prior approval of the Council. It
cannot hypothecate MOC property without the prior approval of Council.
9.1.11 Once every six months the Management Committee shall hold a meeting
with the Presidents of the Associations/Federations/Sports Unions whose sports is
included in the next Olympiad, and of the other Sports Associations/Federations/
Sports Unions separately. In special cases, if the President of an Association/
S P OR TS
Federation/Sports Union cannot attend, his/her Deputy President or his/her Secretary
General can attend instead of him/her.
9.2
Specific Duties
9.2.1
The duties of Executive Board members are the following
9.2.2 The President will chair all meetings of the Council, the Executive Board
and the Management Committee. The President shall be ultimately responsible for
all matters and he has the right to exercise the casting vote.
9.2.3 The Deputy President will perform all the duties of the President in his
absence. He will be responsible for the functioning of all the commissions of the
MOC and also to act as coordinator in respect of such MOC Commissions.
9.2.4 The Secretary General will be responsible for the running of the secretariat
and the day to day running of the MOC. He will also be responsible for the relations
with member Associations/Federations/Sport Unions.
9.2.5 Director of Finance will be responsible for finance and will also present a
yearly budget for approval to the Executive Board. The Director of Finance will
present professionally audited accounts of the preceding year during the first
Council Meeting of each year, except for the first Council Meeting of the
Quadrenni al. He sh all present th e professio nally aud ited accoun ts fo r the
Quadrennial, during the Elective General Assembly.
9.2.6 Director of Sport will be responsible for the sports programme and
technical programme of the MOC. He will co-ordinate with member Associations/
Federations/Sport Unions as far as technical matters are concerned. He will also be
responsible for sports facilities. He will act as chairman of the sports commission.
He will be responsible for all matters connected with the Olympic Games,
Mediterranean Games, Commonwealth Games, Games of the Small States of Europe
and the European Youth Olympic Days.
Other duties of members elected on the Executive Board, could include
that of
9.2.7 Deputy Secretary General who will work in close collaboration with the
Secretary General and will deputise for him in his absence.
9.2.8 Director of Marketing who will be responsible for the planning and
execution of a marketing programme. He will be responsible for the relations with
sponsors. He will safeguard the emblem and marks of the International Olympic
Committee and of the Malta Olympic Committee.
9.2.9 Director of Media and Public Relations who will be responsible to project
the right image of the MOC and to inform the public on all activities organised by
the MOC. He will be responsible for all MOC publications and ancillary matters.
9.2.10 Director of Youth Programme who will be responsible to formulate a
policy on young athletes and on the role of sport in education at all levels. He will be
responsible for the organisation of the Logħob għaż-Żgħażagħ (Malta Olympic
Youth Sports Fest) and for all matters connected with the European Youth Olympic
Days and Giochi della Gioventù.
9.2.11 Director of the Olympic Academy who will be responsible to set up the
Academy and to hold regular courses and seminars for the promulgation of the
Olympic Ideals and he will also be responsible for the Sports Library and the
Museum.
9.2.12 Director of Relations with Government who shall be responsible to discuss
SPORTS
and improve the relations with Government Departments (eg. Income Tax, VAT) and
Authorities (Planning, Tourism), in order to improve the position of MOC, its
affiliated federations, and sports Associations/Federations/Sport Unions in general
in Malta.
9.2.13 Director responsible for Sport for All.
9.2.14 Director responsible for Ethics.
9.2.15 The Executive is empowered to assign the above-mentioned duties as well
as other duties to be decided upon, to anyone of the Executive Directors, including
members of the Management Committee, and may assign more than one of the
above-mentioned duties to the same director, as well as assign part of these duties to
one director and part to another director.
9.3
Vacancies
9.3.1 Vacancies of executive Board Members must be filled not later than two
months from the date that the Council meets and acknowledges a resignation, or
other reason that creates a vacancy. Meetings called for the purpose of election of
officers must be notified to all members at least fifteen days in advance.
ELECTIVE GENERAL ASSEMBLY
10.1 The last Council meeting held in the year of the Olympic Games will be
deemed as the Elective General Assembly. The Agenda shall only include the
following
a) Address by the President.
b)
Review of activities by Directors.
c)
Approval of audited accounts.
d)
Election of the President, the Deputy President, the Secretary General,
the Director of Finance, the Director of Sport and eight (8) other
directors.
e)
Appointment of a qualified Auditor.
10.2 Nomination for any post must be duly proposed by any one Association/
Federation/Sport Union and seconded by another member Association/Federation/
Sport Union. The nominated candidate must signify his acceptance even if this is
done by fax. All nominations are to be acknowledged in writing.
10.3 These nominations are to be submitted to the MOC secretariat at least 42
days in the case of the President and 28 days in the case of the other Directors prior
to the Elective General Assembly or any Council Meeting where elections are to be
made and will be circulated to all member federations ten days before such meetings.
EXTRAORDINARY COUNCIL MEETINGS
11.1 Extraordinary Council Meetings shall be called any time they are requested
by the President, or by the Executive Board or by at least one fourth of all member
Associations/Federations/Sport Unions have the right to vote. The objectives of
calling such a meeting must be clearly stated. No item other than that/those specified
on the Agenda shall be decided. "Any other matter" is not to be considered as a
specific item.
COMMISSIONS
12.1 The Executive Board shall nominate the following commissions and any
other commission as the Board may deem fit
S P OR TS
a)
Medical;
b)
Legal;
c)
Athletes;
d)
Women;
12.1.1 The Chairman of each Commission are to attend in an observer capacity to
the Executive Board meetings whensoever they shall be called upon to do so.
12.1.2 The President, the Deputy President and General Secretary will be ex
officio members on all commissions.
12.1.3 All reports shall be presented to the Executive Board in writing. These
reports will be presented also to the Council.
SUB-COMMITTEES
13.1 Sub-committees and/or special committees may be appointed by the Council
to consider and report upon any question that may be referred to them. The number
to form a special committee or sub-committee and the number to form a quorum
shall be determined by the Council.
13.2 The President, the General Secretary and Deputy President shall be ex
officio members on all committees. All reports shall be presented to the Council in
writing and after having been read and adopted shall be noted in the minutes.
APPEALS
14.1 Any decision taken by a Disciplinary Tribunal set up by the Malta Olympic
Committee may be submitted exclusively by way of appeal to the Court of
Arbitration for Sports in Lausanne, Switzerland, which will resolve the dispute
definitely in accordance with the Code of Sports-Related Arbitration. The time limit
for appeal is twenty-one days after reception of the decision concerning the appeal.
RESIGNATIONS
15.1 Executive board members failing to attend three (3) consecutive meetings or
a total of five (5) out of (9) meetings without justified reasons or fail to do their
duties according to the terms of reference as stated in Rule 9.2, shall be considered
as not in good standing. Such persons shall be considered as having resigned if they
do not justify their case at the first Council Meeting after such default.
15.2 A registered letter should be sent to such persons to attend this Council
Meeting.
RESOLUTIONS
16.1 A resolution shall not be rescinded unless the counter resolution has the
support of two-thirds of the members present.
PRIVILEGED MATTERS
17.1 All matters discussed at MOC meetings shall be deemed as privileged.
However, the MOC may from time to time inform any member Association/
Federations/Sports Union, or the media about its decision.
ADJOURNMENT
18.1 Any business or motion not dealt with by the closing of the meeting shall be
adjourned and given priority at the next meeting.
FINANCIAL YEAR
19.1 The financial year of the MOC will be from the beginning of November till
SPORTS
the end of October.
OLYMPIC RULES
20.1 Matters relating to international participation and not provided for in the
statute shall be dealt with in accordance with the IOC rules, or rules governing the
international event at the ti me. Shou ld there be any dou bt concerni ng the
interpretation of this constitution or omissions or discrepancies between it and the
provisions of the "Olympic Charter", the latter shall prevail.
20.2 The MOC shall constitute, organise and lead its delegation at the Olympic
Games and at the regional, continental or world multi-sports competitions patronised
by the IOC. The MOC shall be responsible for the behaviour of the members of its
delegations.
20.3 The Malta Olympic Committee shall have the exclusive powers for the
representation of Malta at the Olympic Games and at the regional, continental or
world multi-sports competitions patronized by the IOC.
The Malta Olympic Committee has the authority to apply to organize
International Games in Malta. The MOC shall comply with rules 31 - 35 and the bye-
laws to Rules 31 and 32 of the Olympic Charter.
SUSPENSION
21.1 Any member not conforming with any directive given by the Chairman
during any meeting may be suspended by the Chairman.
22 RECOGNITION OF NATIONAL ASSOCIATIONS / FEDERATIONS /
SPORT UNIONS
22.1. The MOC Council shall have the power to grant the status of Associate
member to any Association/Federation/Sport Union. Such associate member may
attend Council Meetings but shall not have the right to vote. However, the President
may grant the representative of such Association/Federation/Sports Union, the right
to address the Council.
22.2 The MOC Council shall have the power to give recognition to the National
Associations/Federations/Sports Union. A recognised Association/Federation/Sports
Union may attend council meetings but shall not have the right to vote.
22.3 All affiliated associated, or recognised Associations/Federations/Sports
Unions must inform the Malta Olympic Committee whenever they hold a general
meeting, at least fifteen days prior to the date of such General Meeting. The MOC
shall appoint a delegate to attend such General Meeting and to report on business
conducted thereat.
22.4. All decisions taken at any General Meeting of an affiliated Association/
Federation/Sport Union are to be notified to the Malta Olympic Committee within
fifteen days.
SUBSCRIPTION FFES
23.1 The Annual subscription Fee shall be of fifty-eight euro and twenty-three
cents (€58.23) to be paid in advance by the 31st January of each year. A list of all
Associations/Federations/Sport Unions affiliated to the MOC will be circulated
during the first week of February and before the first Council Meeting. Associations/
Federations/Sport Unions who are in arrears for two months shall after notice of
such action be suspended. Such Associations/ Federations/Sport Unions may
however be reinstated should they bring their subscription up to date and pay a fine
which the MOC may deem fit, but not exceeding two hundred and thirty-two euro
S P OR TS
and ninety-four cents (€232.94).
DISSOLUTION
24.1 1n the event of the MOC being dissolved or disbanded the assets shall be
divided equally between the affiliated Associations/Federations/ Sports Unions.
INTERPRETATION OF THE RULES
25.1 The MOC is the sole interpreter of these rules but should there be any doubt
concerning the interpretation of this Constitution or omission or discrepancies
between it and the provisions of the "Olympic Charter", the latter shall prevail.
Mr. Justice Lino Farrugia Sacco
Joseph Cassar
President
Secretary General
Date
CONTENTS
Index by Subject
Article
Subject
Adjournment
Affiliation
Appeals
Commissions
Constitution
The Council
Council Regulations
Dissolution
Eligibility for Affiliation
Extraordinary Council Meetings
Financial Year
Governing Body
Interpretation of the Rules
MOC Executive Board
Name
Objectives
Olympic Rules
Privileged Matters
Elective General Assembly
Recognition of National Associations/Federations
SPORTS
Resignations
Resolutions
9.2
Specific Duties
Sub-Committees
Subscription Fees
5.1.6, 21.1
Suspension of Association
9.3
Vacancies
1.3
Emblem
5.1.4
Removal of Affiliated Fed.
5.1.5
Suspension of Individual
8.8
Amendments
The objectives of SportMalta are
(a) to promote and encourage the development of
increased participation in sport in Malta and the
improved performance by athletes in sport;
(b) to develop and implement programs that promote
equality of access to and participation in sport;
(c) to promote a culture of excellence in sport;
(d) to ensure the provision of resources, services and
facilities for the promotion of sport in Malta;
(e) to promote a culture of participation in sport among
people, especially children and youths, as an aspect of
personal and social development within the context of
government policy on education and health;
(f)
to improve the sporting abilities of the Maltese
generally through the improvement of the standard of
sport coaches, administrators and officials;
(g) to foster co-operation in sport with local and
international bodies, entities or other persons for the
encouragement and promotion of the development of
sport programmes, initiatives and activities;
(h) to ensure that all sport activities respect the human
dignity, health and safety of all participants in sport as
well as the rules of fair play and the health and safety
of the spectators; and
(i)
to encourage, in furtherance of the principle of
subsidiarity, non-governmental bodies and private
entities or persons and local councils to contribute to
S P OR TS
the promotion of sport in Malta.
(1)
The functions of SportMalta are
(a) to make recommendations to the Minister on a national
sport policy, or otherwise, in relation to the
development of sport;
(b) to develop and implement programmes that promote
equality of access to, and participation in sport;
(c) to develop and implement policies and strategies for
the furtherance of its objectives and functions, to
initiate, encourage and facilitate research and
development in relations to sport, to promote research
and development related to sport science and sport
medicine and to provide sport science services to such
persons as the Minister may on recommendation of
SportMalta from time to time prescribe;
(d) to promote and ensure the education and preparation of
coaches, administrators and officials with the required
vocational and professional competencies, and to
promote, organise or assist by whatsoever means,
educational schemes for athletes;
(e) to promote and ensure the establishment, development
and maintenance and proper use of sport facilities,
services and resources for the encouragement and
promotion of sport, and to advise the Minister in
connection
with
safety
measures,
including
supervision, sport implements and equipment, within
sport facilities;
(f)
when so directed by the Minister, to represent the
Government of Malta internationally or regionally in
matters related to sport as may be designated by the
Minister;
(g) to provide financial and other assistance by any means
to local councils and to any registered person,
including, without prejudice to the generality of the
foregoing, the Malta Olympic Committee, National
Associations and National Federations, as well as
clubs in the promotion and development of sport;
(h) to collect and distribute information, and provide
advice, on matters related to the activities of
SportMalta;
(i)
Repealed by Act LIV.2021.76;
(j)
to raise money and to administer and expend money
appropriated by the House of Representatives or
otherwise received from other sources;
(k) to consult and co-operate with local councils and other
persons on matters related to sport;
(l)
to consult and co-operate with the Malta Olympic
Committee on matters relating to the promotion and
SPORTS
development of sport and the participation or
representation of Malta at the Olympic Games,
Commonwealth Games, Mediterranean Games, Games
of Small States of Europe, and other international
games which SportMalta may from time to time
acknowledge as falling under the jurisdiction of the
Malta Olympic Committee;
(m) to provide advice on matters related to sport to
persons, bodies or associations involved in sport;
(n) (deleted by Act LIV.2021.76);
(o) Repealed by Act LIV.2021.76;
(p) Repealed by Act LIV.2021.76;
(q) to consult and co-operate on a regular basis with all
National Associations and National Federations;
(r) to monitor and keep under review and evaluate all
practices, operations and activities relating to sport
matters;
(s) Repealed by Act LIV.2021.76;
(t)
Repealed by Act LIV.2021.76;
(u) to do anything in furtherance of its objectives and to
perform such other functions as may devolve upon it
under any other law or as may from time to time be
assigned to it by the Minister.
(2) In the exercise of its function in accordance with sub-article
(1)(g) SportMalta -
(a) shall establish such criteria, terms and conditions for
the provision of such assistance as it considers
appropriate, and
(b) may establish different criteria, terms and conditions
in relation to different classes of beneficiaries.
(3) The functions of SportMalta may be performed within or
outside the Maltese Islands.
(1) SportMalta shall be a body corporate having a distinct
legal personality.
(2) Subject to the provisions of this Act, SportMalta has the
power to do all things necessary or convenient to be done in
connection with the performance of its functions and shall be
capable, subject to the provisions of this Act, of entering into
contracts, of acquiring, holding and disposing of any kind of
property for the purposes of its functions, of suing and being sued,
and of doing all such things and entering into all such transactions
as are incidental or conducive to the exercise or performance of its
functions under this Act, including the lending or borrowing of
money.
(3) The legal and judicial representation of SportMalta shall be
vested in the Chairperson, or in any other person under such terms
and conditions and with such powers as the Board may from time to
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time by resolution determine.
(4) Any document purporting to be an instrument made or
issued by SportMalta and signed by the Chairperson or by the
Secretary of the Board shall be received in evidence and shall, until
the contrary is proved, be deemed to be an instrument made or
issued by SportMalta.
(5) SportMalta may engage or employ persons to perform
services for SportMalta and may enter into any agreement to
exercise any of its functions through the agency or services of any
person.
(6)
SportMalta may
(a) obtain commercial sponsorship for SportMalta and
participate in marketing arrangements involving the
endorsement by SportMalta of products and services
associated with sport;
(b) arrange for the manufacture and distribution (whether
for profit or otherwise) of any article or thing bearing a
mark, symbol or writing that is associated with
SportMalta; and
(c) provide (whether for profit or otherwise) goods and
services to persons using, or otherwise attending at,
facilities of SportMalta.
(7) SportMalta may charge or impose such reasonable fees in
respect of
(a) access to, or use of, any of its resources or facilities;
(b) the provision by it of programs, services, information
or advice;
(c) the admission of persons to events or activities
conducted by it.
(1) The Board shall meet as often as may be necessary or
expedient, but in no case less frequently than once a month. The
meetings of the Board shall be convened by the Chairperson either
on his own initiative or at the request of any four of the other
members.
(2) The Board shall not act unless a quorum consisting of not
less than half the number of members is present.
(3) The meetings of the Board shall be chaired by the
Chairperson or, in his absence, by the Deputy Chairperson.
(4) Decisions of the Board shall be taken by a simple majority
of the votes of the members present and voting. In the case of an
equality of votes, the Chairperson or in his absence the Deputy
Chairperson shall have and exercise a second or casting vote.
(5) Without prejudice to the other provisions of this Act, no
decision shall be valid which is not supported by at least four
members of the Board.
(6)
Subject to the provisions of this Act, the Board may
SPORTS
regulate its own proceedings.
(7) Any vacancy among the members of the Board, and any
participation therein by a person not entitled so to do, shall not
invalidate the proceedings of the Board.
(8) All acts done by any person acting in good faith, as a
member of the Board, shall be valid as if he were a member
notwithstanding that some defect in his appointment or
qualification may afterwards be discovered. No act or proceeding
of the Board shall be questioned on the ground of the
contravention, by a member, of the provisions of article 4(10).
(1) The Minister may, after consultation with SportMalta,
from time to time give to SportMalta such directives in writing as
he may deem appropriate and not being inconsistent with the
provisions of this Act, and SportMalta shall, as soon as may be,
comply with and give effect to all such directives and shall conduct
its affairs accordingly.
(2) SportMalta shall afford to the Minister the necessary
facilities for obtaining information with respect to the property and
activities of SportMalta and furnish him with returns, accounts and
o t h e r i n f o r m a t i o n w i t h r e s p e c t t he r et o, a nd aff o rd h im t he
necessary facilities for the verification of information furnished, in
such manner and at such times as he may reasonably require.
(1) For the purposes of this Act SportMalta shall submit to
the Minister for his approval, a three-year strategic plan that
establishes the objectives and targets that it proposes to attain
during the said period in fulfilment to its functions under this Act.
(2) The aforementioned strategic plan shall be presented to the
Minister for his approval not less than three months before the
commencement of the period to which the strategic plan relates,
and shall come into force on the day on which it is approved by the
Minister or the day of commencement of the period to which it
relates, whichever is the latter
Provided that the first strategic plan shall be prepared by
SportMalta and submitted to the Minister for approval within six
weeks from the date of appointment of SportMalta.
(3) SportMalta shall also from time to time during the period in
respect of which a strategic plan is in force, consider and propose
to the Minister any necessary variations to the said plan and,
following approval by the Minister, vary the said plan.
(4) SportMalta shall at the beginning of each year in respect of
which a strategic plan is in force, prepare an operational plan that
articulates the programmes, initiatives and activities that it will
undertake in fulfilment of the objectives defined in the said
strategic plan for the said year.
(5) For the purpose of consulting and co-operating on a regular
basis with national associations and federations and non-
governmental bodies in the drawing up of a national strategy for
sport and the evaluation thereof, SportMalta shall at least once a
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year hold a forum or fora of national associations and federations
and non-governmental bodies. Such fora shall be chaired by the
Chairperson of SportMalta.
PART III
OFFICERS AND EMPLOYEES OF SPORTMALTA
(1) Subject to the provisions of the Constitution and of
any other enactment applicable thereto, including this Act,
SportMalta, acting with the concurrence of the Minister, may
appoint and employ such officials and other employees with such
remuneration and upon such terms and conditions as SportMalta
may, from time to time, determine.
(2) The Chief Executive Officer shall be appointed for a period
not exceeding three years and such period may be extended for
further periods not exceeding three years each
Provided that until the first Chief Executive Officer is so
appointed the Minister may for a period not exceeding six months
detail a public officer to perform the functions of Chief Executive
Officer.
(1) The Prime Minister may, at the request of SportMalta
made with the concurrence of the Minister, from time to time direct
that any public officer be detailed for duty with SportMalta in such
capacity and with effect from such date and for such duration as
may be specified in the Prime Minister’s direction.
(2) Where any officer is detailed for duty with SportMalta
under any of the provisions of this article, such officer shall, during
the time in which such direction has effect in relation to him, be
under the administrative authority and control of SportMalta but he
shall for other intents and purposes remain and be considered and
treated as a public officer.
(3) Without prejudice to the generality of the foregoing, an
officer detailed for duty as aforesaid -
(a) shall not during the time in respect of which he is so
detailed -
(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 him at a date on which he is so detailed for
duty; or
(ii) be so employed that his remuneration and
conditions of service are less favourable than
those which are attached to the appointment
under the Government held by him at the date
aforesaid or which would have become attached
to such appointment, during the said period, had
such officer not been detailed for duty with
SportMalta; and
SPORTS
(b) shall be entitled to have his service with SportMalta
considered as service with the Government for the
purposes of any pension, gratuity, or benefit under the
Pensions Ordinance and the Widows’ and Orphans’
Pensions Act and of any other right or privilege to
which he would be entitled, and liable to any liability
to which he would be liable, but for the fact of his
being detailed for duty with SportMalta.
(4) Where an application is made as provided in sub-article
(3)(a)(i) the same consideration shall be given thereto as if the
applicant had not been detailed for service with SportMalta.
(5) SportMalta shall pay to the Government such contributions
as may from time to time be determined by the Minister responsible
for finance in respect of the cost of pensions and gratuities earned
by an officer detailed for duty with SportMalta as aforesaid during
the period in which he is so detailed.
(1) SportMalta may, with the approval of the Prime
Minister, offer to any officer detailed for duty with SportMalta
under the provisions of article 12 permanent employment with
SportMalta at a remuneration and on terms and conditions not less
favourable than those enjoyed by such officer at the date of such
offer.
(2) The terms and conditions comprised in any offer made as
aforesaid shall not be deemed to be less favourable merely because
they are not in all respects identical with or superior to those
enjoyed by the officer concerned at the date of such offer, if such
terms and conditions, taken as a whole, in the opinion of the Prime
Minister, offer substantially equivalent or greater benefits.
(3) Every officer who accepts permanent employment with
SportMalta offered to him under the provisions of sub-article (1)
shall for all purposes other than those of the Pensions Ordinance
and of the Widows’ and Orphans’ Pensions Act, be deemed to have
ceased to be in service with the Government and to have entered
into service with SportMalta on the date of his acceptance, and for
the purposes of the said Ordinance and of the said Act, so far as
applicable to him, service with SportMalta shall be deemed to be
service with the Government within the meanings thereof
respectively.
(4) Every such officer as aforesaid who, immediately before
accepting permanent employment with SportMalta was entitled to
benefit under the Widows’ and Orphans’ Pensions Act, shall
continue to be so entitled to benefit thereunder to all intents as if
his service with SportMalta were service with the Government.
(5) SportMalta shall pay to the Government such contributions
as may from time to time be determined by the Minister responsible
for finance in respect of the cost of pensions and gratuities earned
by an officer who has accepted permanent employment with
SportMalta as aforesaid during the period commencing on the date
of such officer’s acceptance.
(6) For the purpose of the Pensions Ordinance the pensionable
S P OR TS
emoluments of such public officer on retirement shall be deemed to
be the pensionable emoluments payable to an officer in
Govern ment service in a grade an d at an increm en tal lev el
corresponding to the post and incremental level at which the officer
retires from SportMalta.
(7)
(a) For the purposes of this article posts and salary grades
with SportMalta shall be classified in the most nearly
corresponding grades and incremental levels in the
service under the Government of Malta by reference to
job description, skills, responsibilities and other
analogous factors.
(b) The classification referred to in paragraph (a) shall be
carried out by a board composed of a Chairperson
appointed by the Ministry responsible for finance and
two other members, one appointed by the Ministry
responsible centrally for personnel policies in the
public service and one appointed by SportMalta. The
classification shall be subject to the final approval of
the Minister responsible for finance.
(c) Such classification shall take place within three
months of any adjustment of salaries of employees in
Government service and, or, of employees of
SportMalta.
(d) No post shall be classified in a grade higher than that
of a Grade 3 in the service of the Government or such
other grade that the Minister responsible for finance
may from time to time by notice in the Gazette
determine.
(e) Without prejudice to article 113 of the Constitution, no
person may, following a classification as aforesaid, be
entitled to rights under the said Pensions Ordinance
less favourable than those to which he would have
been entitled prior to such classification.
PART IV
SPORT FACILITIES
SportMalta shall, to the extent that it is practicable to do so
having regard to the objects for which it is established and its
functions, develop policies to allow individuals, groups within the
community, sport clubs and associations to have access to, and
make use of, the resources, services and facilities of SportMalta,
whether or not for purposes related to sport.
The property, other than immovable property, owned by the
Government and administered or managed by the Department of
Youth and Sport or SportMalta and immediately before the date of
the coming into force of this Part of this Act used or intended for
use by it for the purpose of any of the functions which by this Act
are being transferred to or vested in SportMalta and "Skola Sport"
operated by the Ministry for Education shall, on the date aforesaid,
by virtue of this Act and without further assurance, be transferred
SPORTS
to and vested in SportMalta under the same title by which they
were held by the Government immediately before the said date.
(1) The enjoyment, possession, use and management of all
rights and obligations (other than obligations arising under the
Land Acquisition (Public Purposes) Ordinance) or any provision of
the Government Lands Act substituting the provisions of the said
Ordinance vested in the Government over or in respect of the
immovable property listed in the First Schedule (hereinafter called
"designated property") in respect of designated property shall, on
the coming into force of this Part of this Act, by virtue of this Act
and without further assurance, be transferred and vested in
SportMalta.
(2) The President acting on the advice of the Minister
respon sibl e for land may from tim e to ti me make an O rder
designating such immovable property belonging to or possessed,
held or otherwise administered by the Government and that may be
used for the purposes of sport or for any function which by this Act
are being vested in SportMalta. Any such Order shall be published
in the Gazette.
(3) Where an Order has been made under the provisions of this
article, the enjoyment, use, management and administration of the
immovable property designated in the Order (hereinafter also
called "designated property") shall, with effect from such day as
may be specified in the Order and by virtue of this Act and without
further assurance, be transferred and vested in SportMalta.
(4) The transfer and vesting aforesaid shall extend to the whole
of such property and undertakings and, without prejudice to the
generality aforesaid, shall include all plant, equipment, apparata,
buildings, structures, installations, land, roads, works, powers,
rights, privileges and remedies and all things necessary or ancillary
thereto which are held or enjoyed in connection with or
appertaining thereto, as well as all obligations affecting or relating
to any of the aforesaid property or undertaking or other thing
included therein as aforesaid.
(5) All rights vested in or exercisable by Government arising
under or pursuant to any contract entered into by Government with
third parties in respect of designated property shall, on the coming
into force of this Part of this Act and without further assurance be
transferred and vested in SportMalta.
(6) Any transfer or vesting of designated property shall be
subject to all those terms and conditions that the Minister may
deem necessary to ensure that such property is used in accordance
with the provisions of this Act.
S P OR TS
(7) Notwithstanding the provisions of the Ordinance, in respect
of such immovable property that is listed in the First Schedule or
that may from time to time be specified in an Order of the President
published in the Gazette or that is otherwise transferred to
SportMalta (such land and property hereinafter referred to as
"designated property"), SportMalta shall exercise the rights and
responsibilities refereed to in article 2 of the Ordinance, and the
provisions of the Land (Compulsory Eviction) Act, and the
D i s p o s a l o f G o v e r n m e n t L a n d A c t or any provisions of the
Government Lands Act substituting the provisions of the said Acts,
shall for the purpose of any such designated property be read and
construed as if any reference therein to the Commissioner of Land
or to the competent authority under the Government Lands Act were a
reference to the Chairperson of SportMalta, and the provisions of
article 181, Subtitle VI of Title VIII of Part I of Book Second,
article 590(2), article 627, article 637(3), article 742 and article 873
of the Code at Organization and Civil Procedure shall apply, in
relation to such designated property, to SportMalta and the
Chairperson of SportMalta, as the case may be, provided that for
the purpose of this Part of the Act the Chairperson of SportMalta
may from time to time delegate any of his powers to the Chief
Executive Officer or Management Committees.
(8) The provisions of articles 1576A to 1576D of the Civil
Code shall apply to designated property and SportMalta shall be
vested with all rights and obligations of a lessor arising thereunder.
(1) In respect of any designated property, when anything
has been commenced by or under the authority of the Government
prior to the Order of the President referring to such designated
property or, in the case of designated property referred to in article
16(1), to the coming into force of this Part of this Act, as the case
may be, and such thing relates to a designated property or any right
or liability transferred to SportMalta by or under this Act, such
thing may be carried on and completed by or as authorised by
SportMalta.
(2) Where immediately before the coming into force of this
Part of this Act, any legal proceedings are pending to which the
Government is or is entitled to be a party, and such proceedings
relate to designated property or any right or liability transferred by
or under this Act, SportMalta shall, as from the date of the relevant
President’s Order, be substituted in such proceedings for the
Government or Commissioner of Land, as the case may be, or shall
be made a part thereto in like manner as the Government or
Commissioner of Land could have become.
(3) The Minister may by order make such incidental,
consequential and supplemental provisions as he may deem
necessary or expedient for the purpose, as appropriate, the assets
transferred to SportMalta by or under this Act and securing and
giving full effect to the transfer of any property or undertaking or
any right or liability to SportMalta by or under this Act and make
such orders as may be necessary to make any powers and duties
exercisable by the Government in relation to any of the transferred
property or undertakings exercisable by or on behalf of SportMalta.
SPORTS
(4) Where under a contract entered into by Government with
third parties in respect of designated property prior to the coming
into force of this Act a discretion is to be exercised or a state of fact
is to be established or determined by SportMalta referred to in such
contract, then such discretion or the right to establish or determine
that state of fact shall be vested and exercisable by SportMalta
without any further assurance other than by virtue of this Act.
(5) The provisions of sub-articles (1) and (2) shall not apply to
those acts, rights and obligations exercisable by or vested in or
binding upon Government in accordance with the provisions of the
L a n d A c q u i s i t i o n ( P u b l i c P u r p o s e s ) O r d i n a n c e or of the
Go vernm ent Land s Act substituting the said Ordinance or to
proceedings instituted before the Land Arbitration Board in
accordance with the provisions of the said Ordinance or before any
other competent court in matters relating to the acquisition by
government of immovable property under the provisions of the said
Ordinance.
(1) SportMalta shall consistently with the aims and
objectives of this Act and in accordance with the provisions of this
Act and any regulations as may be prescribed, have the power to
manage and administer sport facilities.
(2) SportMalta may with the authority in writing of the
Minister, in concurrence with the Minister responsible for land,
enter, by public deed, into a contract with any local council and
registered person whereby designated property may be granted for
a term not exceeding five years to such local council and registered
person under a title of lease or other personal title, including that of
management, administration or custody, for a consideration payable
to SportMalta in accordance with the provisions of this Act and of
such regulations as may from time to time be prescribed and
subject to such local council or conditions not inconsistent
therewith as may be contained in the deed, provided that such
conditions shall include the prohibition of sub-letting of the
designated property and of assignment of rights by the local council
and registered person, as the case may be.
(3) For the purpose of enjoying, administering and managing
any of the sport facilities and designated property SportMalta may
delegate any of its powers to one or more management committees
set up for the purpose. Such committees shall observe such policies
and directives as SportMalta may from time to time determine and
shall be accountable to SportMalta. Such management committees
are vested with a separate distinct legal personality.
(4) The management committees mentioned in sub-article (3)
shall be established by the Minister after consultation with
SportMalta, with such functions and powers as the Minister may in
his discretion determine. Such management committees shall be
composed of such persons as the Minister shall deem fit and such
persons shall hold office for such period and on such terms and
conditions as the Minister may deem appropriate. The Minister
shall also designate any member of such committees to act as
chairperson thereof.
S P OR TS
(5) The management committees shall keep a record of all their
proceedings and shall forward copies of such records to
SportMalta.
(6) The provisions of article 4(6) to (10) shall apply mutatis
mutandis to the management committees.
(7) SportMalta may, for the purpose of providing or ensuring
the provision of services that are complimentary with the use of
sport facilities, grant to third parties for a term nor exceeding five
years the operation and management of particular areas within such
sport facilities after a call for tenders for specified purposes.
(8) Any contract and agreement entered into by SportMalta in
accordance with the provisions of this article shall, for the purposes
of the Disposal of Government Land Act, be deemed to be a
disposal made in accordance with the provisions of such Act. The
Minister shall, however, within four weeks after the publication of
such deed as is referred to in sub-article (2), or if the House of
Representatives is not then in session, within four weeks of the date
when the House next meets, lay a copy thereof on the Table of the
House, and the deed shall only be valid and binding if, after that a
copy thereof has been laid before the Table of the House of
Representatives, the House does not, within the period of twenty-
eight days after that copy has been so laid, resolve that the
agreement or deed of disposal be rescinded.
(9) Any property subject to a deed referred to in sub-article (2)
shall not by virtue thereof be transferred to the registered person or
local council with whom it is entered.
(10) Not later than six weeks after the lapse of three years from
the date of a deed referred to in sub-article (2) and subsequently
every three years the registered person with whom such deed is
entered shall transmit to SportMalta a report of its activities in
relation to the property that is object of the deed and on the way
that such property has been utilised.
(11) The Minister may, on the advice of SportMalta, make
regulations, not inconsistent with the provisions of this Act
(a) regulating, restricting or prohibiting entry onto or into
any sport facilities owned by, or under the control of,
SportMalta, regulating the conduct of persons on or in
any such land or building, and providing for the
removal of persons from such land or building;
(b) regulating, restricting or prohibiting admission to and
behaviour in, any sport facilities, as well as the right of
search by the Police of any person gaining admission
to, while inside or while leaving any sport facility;
(c) regulating the standards of maintenance, management,
safety, level of service and operations of sport
facilities including the prohibition of the use of sport
facilities that do not meet the prescribed standards and
levels;
(d) generally prescribing rules to regulate the deeds
SPORTS
referred to in sub-articles (2) and (7).
(1) The fund that immediately prior to the coming into
force of this Act was denominated "Sports Fund" and administered
by SportMalta għall-Isport shall he vested in SportMalta and shall
continue to be denominated "Sports Fund".
(2) All ground rents and rent payable to Government or to
SportMalta in furtherance of a resolution passed by the House of
Representatives in accordance with the provisions of the Disposal
of Government Land Act in respect of sport facilities before as well
as after the coming into force of this Act, and the consideration
arising from any deed entered into in accordance with article
18(2)and (7) from sport facilities shall be vested in SportMalta to
be utilised in accordance with the provisions of this Act. Such
revenue shall be deposited in the Sports Fund.
(3) The Sports Fund shall be utilised for the purpose of
development and maintenance of sport facilities and for such other
purposes falling within the functions of SportMalta as the Minister
may from lime to time authorise.
PART V
DIRECTORATES AND ADVISORY COMMITTEES
(1) SportMalta may, with the concurrence of the Minister,
establish separate directorates within SportMalta for the purpose of
ensuring the better performance by SportMalta of any or all of its
functions. Such directorates shall be accountable to SportMalta and
shall be subject to the overall supervision and control of the Chief
Executive Officer. Each of any such directorates shall be headed by
a person appointed by SportMalta with the concurrence of the
Minister for a period not exceeding three years and such period
may be extended for further periods not exceeding three years each.
(2) SportMalta may delegate to such directorates and require
them to perform such of its functions under such conditions as
SportMalta may deem appropriate. SportMalta may at any time
withdraw, in whole or in part, any such delegation of functions.
(3) Subject to the foregoing provisions of this article and to any
rules made from time to time by SportMalta, the directorates may
regulate their own proceedings.
(1) The Minister may, from time to time by Order in the
Gazette appoint an advisory committee or committees as may be
specified in such Orders. An advisory committee shall, for the
better carrying out of the provisions of this Act, advise SportMalta
on such matters as the Minister may specify in the Order.
(2) The members of the advisory committee shall be appointed
by the Minister and shall hold office for such period and on such
terms and conditions as the Minister may deem appropriate. Each
advisory committee shall consist of one member representing
SportMalta as Chairperson and such other members as the Minister
may deem fit to appoint.
S P OR TS
(3) The provisions of article 4(6) to (10) shall mutatis mutandis
apply to the advisory committees.
(4) Each advisory committee shall keep a record of all its
meetings and shall forward copies of such records to SportMalta.
Subject to the provisions of this Act, each advisory committee can
regulate its own procedures.
PART VI
FINANCIAL PROVISIONS
(1) Without prejudice to the following provisions of this
article, SportMalta shall so conduct its affairs that the expenditure
required for the proper performance of its functions shall, as far as
practicable, be met out of its revenue.
(2) Any excess of revenue over expenditure shall, subject to
such directives as the Minister, after consultation with the Minister
responsible for finance, may from time to time give, be applied by
SportMalta to the formation of reserve funds to be used for the
purposes of SportMalta; and without prejudice to the generality of
the powers given to the Minister by this sub-article, any directive
given by the Minister as aforesaid may order the transfer to the
Government, or the application in such manner as may be specified
in the directive, of any part of the fees, rates and other payments
levied in accordance with this sub-article or any such excess as
aforesaid.
(3) Any funds of SportMalta not immediately required to meet
expenditure may be invested in such manner as may from time to
time be approved by the Minister after consultation with the
Minister responsible for finance.
The Minister responsible for finance may, after
consultation with the Minister, make advances to SportMalta of
such sums as he may agree to be required by SportMalta for
carrying out any of its functions under this Act, and may make such
a d v a n c e s o n s u c h t e r m s a n d c o n d i t i o n s a s h e m a y, a f t e r
consultation as aforesaid, deem appropriate. Any such advance may
be made by the Minister respon sible for finance out of the
Consolidated Fund, and without further appropriation other than
this Act, by warrant under his hand authorising the Accountant
General to make such advance.
The Minister responsible for finance may by regulation
under this article provide that such portion of the proceeds of
public lotteries as may be prescribed shall be paid to SportMalta,
and the Accountant General shall, without any further
appropriation other than this Act, regularly appropriate such funds
to SportMalta on receipt of a warrant from the Minister responsible
for finance.
(1) For the purpose of carrying out any of its functions
under this Act, SportMalta may, with the approval in writing of the
Minister, given after consultation with the Minister responsible for
finance, borrow or raise money in such manner, from such person,
body or authority, and under such terms and conditions as the
SPORTS
Minister, after consultation as aforesaid, may in writing approve.
(2) SportMalta may also, from time to time, borrow, by way of
overdraft or otherwise, such sums as it may require by way of
working capital for carrying out its functions under this Act
Provided that for any facility in an amount exceeding sixty-
nine thousand and eight hundred and eighty-one euro and twenty
cents (69,881.20), there shall be required the approval of the
Minister in writing.
(1) The Minister responsible for finance may, for any
requirements of SportMalta of a capital nature, contract or raise
loans, or incur liabilities, for such periods and on such terms and
conditions as he may deem appropriate; and any sums due in
respect of or in connection with any such loan or liability shall be a
charge on the Consolidated Fund.
(2) Notice of any loans, liabilities or advances made or
incurred under the foregoing provisions of this article shall be
given to the House of Representatives as soon as practicable.
(3) Pending the raising of any such loan as is mentioned in sub-
article (1), or for the purpose of providing SportMalta with working
capital, the Minister responsible for finance may, by warrant under
his hand, and without further appropriation other than this Act,
authorise the Accountant General to make advances to SportMalta
out of the Treasury Clearance Fund under such terms as may be
specified by the Minister upon the making thereof.
(4) The proceeds of any loan raised for the purposes of making
advances to SportMalta, and any other moneys to be advanced to
SportMalta under this article, shall be paid into a fund specially
established for the purpose and which shall be known as the
"SportMalta (Loan) Fund".
(5) Sums received by the Accountant General from SportMalta
in respect of advances made to SportMalta under sub-article (3)
shall be paid, as respects of amounts received by way of repayment
into the Treasury Clearance Fund and, as respects amounts received
by way of interest into the Consolidated Fund.
(1) SportMalta shall cause to be prepared in every
financial year, and shall not later than six weeks after the end of
each such year adopt, estimates of the income and expenditure of
SportMalta for the next following financial year
Provided that the estimates for the first financial year of
SportMalta shall be prepared and adopted within such time as the
Minister may by notice in writing to SportMalta specify.
(2) In the preparation of such estimates SportMalta shall take
account of any funds and other monies that may be due to be paid
to it out of the Consolidated Fund during the relevant financial
year, whether by virtue of this Act or an appropriation Act or of any
other law; and SportMalta shall so prepare the said estimates as to
ensure that the total revenues of SportMalta are at least sufficient to
meet all sums properly chargeable to its revenue account including,
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bu t w i t ho u t p r e j u d ic e t o t h e g e n e r a l i t y o f t h a t e xp r e s s i o n ,
depreciation.
(3) The estimates shall be made out in such form and shall
contain such information and such comparison with previous years
as the Minister responsible for finance may direct.
(4) A copy of the estimates shall, upon their adoption by
SportMalta, be sent forthwith by SportMalta to the Minister and to
the Minister responsible for finance. The Minister shall at the
earliest opportunity and not later than six weeks after he has
received a copy of the estimates from SportMalta, after
consultation with the Minister responsible for finance, approve the
same with or without amendment. The Minister shall as soon as
practicable cause such approved estimates to be laid on the Table of
the House.
(1) No expenditure shall be made or incurred by
Spo rtMalta u nless p rovi si on th er efor has been m ad e in t he
estimates approved as provided in article 27.
(2)
Notwithstanding the provisions of sub-article (1) -
(a) until the expiration of six months from the beginning
of a financial year, or until the approval of the
estimates for that year by the Minister, whichever is
the earlier date, SportMalta may make or incur
expenditure for carrying on its functions under this Act
not exceeding in the aggregate one-half of the amount
approved by the Minister for the preceding financial
year;
(b) expenditure approved in respect of a head or sub-head
of the estimates may, with the approval of the Minister
given after consultation with the Minister responsible
for finance, be made or incurred in respect of another
head or sub-head of the estimates;
(c) in respect of the first financial year, SportMalta may
make or incur expenditure not exceeding in the
aggregate such amounts as the Minister responsible for
finance may, after consultation with the Minister,
allow;
(d) if in respect of any financial year it is found that the
amount approved by the Minister is not sufficient or a
need has arisen for expenditure for a purpose not
provided for in the estimates, SportMalta may adopt
supplementary estimates for approval by the Minister,
and in any such case the provisions of this Act
applicable to the estimates shall as near as practicable
apply to the supplementary estimates.
All estimates and supplementary estimates of SportMalta
shall, as soon as practicable, be published in the Gazette.
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(1) SportMalta shall cause to be kept proper accounts and
other records in respect of its operations, and shall cause to be
prepared a statement of accounts in respect of each financial year.
(2) The accounts of SportMalta shall be audited by an auditor
or auditors to be appointed by SportMalta and approved by the
Minister
Provided that the Minister responsible for finance may,
after consultation with the Minister, require the books and accounts
of SportMalta to be audited or examined by the Auditor General
who shall for the purpose have the power to carry out such physical
checking and other verifications as he may deem necessary.
(3) After the end of each financial year, and not later than the
date on which the estimates of SportMalta are forwarded to the
Minister under article 27, SportMalta shall cause a copy of the
statement of account duly audited to be transmitted to the Minister
and to the Minister responsible for finance together with a copy of
any report made by the auditors on that statement or on the
accounts of SportMalta.
(4) The Minister shall, as soon as practicable, cause a copy of
every such statement and report to be laid on the Table of the House
of Representatives.
(1) All monies accruing to SportMalta shall be paid into a
bank or banks appointed as bankers of SportMalta by a resolution
of SportMalta. Such monies shall, as far as practicable, be paid into
any such banks from day to day, except for such sum as SportMalta
may authorise to be retained to meet petty disbursements and
immediate cash payments.
(2) All payments out of the funds of SportMalta, other than
petty disbursements not exceeding a sum as from time to time may
be fixed by SportMalta, shall be made by such officer or officers of
SportMalta as SportMalta shall appoint or designate for that
purpose.
(3) Cheques against and withdrawals from any bank account of
SportMalta shall be signed by such officer of SportMalta as may be
appointed or designated by SportMalta for that purpose and shall be
countersigned by the Chairperson, or such other member or officer
of SportMalta as may be authorised by SportMalta for that purpose.
(4)
SportMalta shall also make provision with respect to
(a) the manner in which and the officer or officers by
whom payments are to be authorised or approved;
(b) the title of any account held with the bank or banks
into which the monies of SportMalta are to be paid,
and the transfer of funds from one account to the other;
(c) the method to be adopted in making payments out of
funds of SportMalta and generally with respect to any
matter which is relevant to the proper keeping and
control of the accounts and books, and the control of
the finance, of SportMalta.
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Without prejudice to any directive communicated by the
Minister under article 9, SportMalta shall not, except with the
approval of the Minister granted for special reasons and after
consultation with the Minister responsible for finance, award or
enter into any contract for the supply of goods or materials or for
the execution of works, or for the rendering of services, to or for
the benefit of SportMalta, which is estimated by SportMalta to
exceed six thousand and nine hundred and eighty-eight euro and
twelve cents (6,988.12) in value, or such other amount as the
Minister responsible for finance may by regulations under this
article prescribe, except after notice of the intention of SportMalta
to enter into the contract has been published and competitive
tenders have been issued.
SportMalta shall, not later than six weeks after the end of
each financial year, make and transmit to the Minister and to the
Minister responsible for finance a report dealing generally with the
activities of SportMalta during that financial year and containing
su ch information relating to the p roceedings and policy of
SportMalta as either of the said Ministers may from time to time
require. The Minister shall cause a copy of every such report to be
laid on the Table of the House as soon as practicable.
SportMalta shall be exempt from any liability for the
payment of any tax on income, from customs duty and from any
duty on documents and transfers.
PART VII
REGISTER OF SPORT PERSONS
Repealed by Act LIV.2021.76.
Repealed by Act LIV.2021.76.
Repealed by Act LIV.2021.76.
Repealed by Act LIV.2021.76.
Repealed by Act LIV.2021.76.
Repealed by Act LIV.2021.76.
SPORTS
Repealed by Act LIV.2021.76.
Repealed by Act LIV.2021.76.
PART VIII
SPORT DISPUTE RESOLUTION
(1) SportMalta may, when it becomes aware of a dispute
to which a sport organisation or persons connected therewith are
parties, through the Secretary of the Board, provide assistance in
the resolution of such disputes in all matters relating to sport or
where registered persons are involved through
(a) the provision of mediation services in matters relating
to sport;
(b) assistance to the parties in the dispute to make
reference to arbitration in accordance with the
provisions of Part IV of the Arbitration Act;
(c) through the facility of advisory opinions.
(2) SportMalta may, from time to time, draw up panels of
persons to give advisory opinions or act as mediators (hereinafter
in this Part of the Act referred to as "panels"). The panels shall be
composed of persons who in the opinion of SportMalta are
qualified to carry out the duties and functions of mediators or
advisors in matters relating to sport.
(3) SportMalta shall, from time to time, advise the Malta
Arbitration Centre in the drawing up of a panel or panels of
arbitrators on matters related to sport.
(4) Any dispute, controversy or claim arising out of or relating
to any contract entered into between SportMalta and any third party
in accordance with article 18(2), (3) and (8), or the breach,
termination or invalidity thereof, shall be settled by arbitration in
accordance with the rules of the Malta Arbitration Centre as may
from time to time be in force.
(5) Without prejudice to the provisions of sub-article (4), in the
case of a dispute, controversy or claim on matters relating to sport
or to which a registered person is a party, the parties may, if they all
so agree (a) refer the matter to SportMalta for mediation, or (b)
refer the dispute for resolution by arbitration.
(1) When SportMalta receives a reference for mediation or
where it considers that a dispute may be resolved through
mediation procedures, it shall propose to the parties a mediator
from the panel of mediators, who if accepted by all parties shall
assist them in the resolution of the matter.
(2)
Any party may withdraw from mediation procedures at any
time.
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(1) When a dispute is submitted to the Malta Arbitration
C e n t r e f o r ar b i tr a t i o n , t h e d i s p u t e s h a l l , i n t h e a b s e n c e o f
agreement to the contrary by the parties involved, be determined by
a sole arbitrator to be appointed by the Chairman of the Malta
Arbitration Centre. The parties to the dispute may agree that three
persons shall be appointed to hear and determine the dispute.
Article 15(7) of the Arbitration Act shall not apply to those
disputes referred to arbitration through the assistance of
SportMalta.
(2) Where the parties to arbitration agree, the arbitral tribunal
may decide a dispute on criteria of equity that are generally
accepted and applied within the sport movement.
(1) The Minister shall, after having consulted SportMalta,
from time to time prescribe rules governing mediation procedures.
(2) SportMalta shall from time to time make such rules
governing the giving of advisory opinions.
(1) There shall be a Sport Appeals Board, consisting of
three members, of whom one, who shall be the chairperson, shall be
a person who has practised as an advocate for not less than seven
years.
(2) The members of the Board shall be appointed by the
Minister for a period of three years, and shall be re-eligible for
appointment.
(3) A member of the Board may be challenged or shall abstain
for any reason for which a judge may be challenged or abstain in
accordance with article 734 of the Code of Organization and Civil
Procedure. In any such case the Minister shall appoint a person,
having the qualifications of the member challenged or abstaining,
to sit as a member of a Board in substitution of the said member.
(4) A member of the House of Representatives or of a Local
Council shall be disqualified from being appointed or continuing to
be a member of the Board for so long as he holds that office.
(5) The Minister shall also designate a public officer to serve as
secretary to the Board.
(1) An appeal shall lie to the Sport Appeals Board from
any decision of SportMalta taken pursuant to the provisions of Part
VII of this Act or under article 54 and any regulations made
thereunder, and in such other cases as may from time to time be
prescribed. The right of appeal shall be competent to any person
aggrieved by such decision or matter
Provided that the Sport Appeals Board shall not take
cognisance of any matter which according to this Act or otherwise
according to law, is to be referred to arbitration.
(2) An appeal to the Board may be filed on any of the following
grounds
(a) that a material error as to the facts has been made;
(b) that there was a material procedural error;
SPORTS
(c) that an error of law has been made;
(d) that there was some material illegality, including
unreasonableness or lack of proportionality;
(e) on any other ground that may from time to time be
prescribed.
(3) The Board shall give reasons for its decisions and shall
cause such decisions to be made public omitting, if it deems it
appropriate for reasons of confidentiality, the names of the persons
involved.
(4)
In determining an appeal under this article the Board may
(a) dismiss the appeal;
(b) annul, revoke or substitute the decision.
(5) The effect of a decision of the Appeals Board to which an
appeal relates shall not, except where the Board or the Court of
Appeal, as the case may be, so orders, be suspended in consequence
of the bringing of the appeal.
(1) The Sport Appeals Board shall be competent to hear
and decide any appeal made to it in accordance with the provisions
of this Act and any regulations made thereunder; and the decisions
of the Board shall be final and conclusive.
(2) For the exercise of its functions, the Board may summon
any person to appear before it and give evidence and procedure
documents; and the chairperson shall have the power to administer
the oath. The Board may also appoint experts to advise the Board
on any technical issue that may be relevant to its decision.
(3) For the purposes aforesaid the Board shall have the same
powers as are competent to the First Hall, Civil Court, according to
law.
(4) The procedure to be followed before the Board, the time
within which and the manner in which an appeal to the Board is to
be made shall be such as may be prescribed; and subject thereto,
and to any other applicable provision to this Act, the Board may
establish its own procedure.
Any party to an appeal to the Sport Appeals Board who
feels aggrieved by a decision of the said Board, may on a question
of law decided by the said Board appeal to the Court of Appeal as
constituted in accordance with article 41(9) of the Code of
Organization and Civil Procedure by means of an application filed
in the registry of that court within thirty days from the date on
which that decision has been notified to him.
PART IX
MISCELLANEOUS
For the purposes of the Criminal Code and of any
provisions of a penal nature, the members of SportMalta, and of
any directorate, management committee, advisory committee, as
well as of the Sport Appeals Board and every officer or employee
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of SportMalta, shall be deemed to be public officers.
The names of the members of SportMalta, of the Chief
Executive Officer, and of the heads of any directorate or members
of any committee established under this Act and of any member of
the Sport Appeals Board shall be published in the Gazette.
(1) The Minister may, after consultation with SportMalta,
make regulations prescribing matters required or permitted by this
Act to be prescribed, or necessary or convenient to be prescribed
for carrying out or giving full effect to the provisions of this Act.
(2) The power of the Minister to make regulations under the
provisions of this Act shall include the power to establish the
penalties in respect of any violation or contravention thereof, or
failure to comply therewith, and the applicability or otherwise of
the Probation Act
Provided that such penalties may not exceed a fine (multa)
of two thousand and three hundred and twenty-nine euro and thirty-
seven cents (2,329.37).
(1) Notwithstanding any other law providing for the trial
and punishment of offences, where SportMalta believes that a
person has breached any of the provisions this Act or any
regulations made thereunder, SportMalta may give notice in writing
to such person describing the breach which t he perso n has
committed and the administrative penalty he is required to pay in
respect of that breach and ordering the said person to remedy the
cause of the breach
Provided that SportMalta may not require the payment of a
penalty exceeding one thousand and one hundred and sixty-four
euro and sixty-nine cents (1,164.69).
(2) Where a notice under this article has been given, and the
person named in the notice pays the penalty within the time therein
indicated, he shall be deemed to have accepted responsibility for
the breach specified in the notice unless within twenty-one days of
the service of the notice, he appeals from such notice before the
Sport Appeals Board.
(3) Where the person to whom notice is given under sub-article
(1) fails to pay the administrative penalty imposed or to remedy the
cause of the breach within the time aforesaid, proceedings may be
taken against him for enforcement according to law.
(4) The Minister may, for the purpose of this article, from time
to time make regulations prescribing the administrative fines that
SportMalta may impose.
(1) Any person who -
(a) hinders, obstructs, molests or interferes with, or
attempts to hinder, obstruct, molest, or interfere with,
any officer, employee or agent of SportMalta, or any
inspector or administrator, in the execution of his
duties under the law, or fails to comply with any
reasonable requirement demanded of him by any such
SPORTS
officer, employee, agent, inspector or administrator as
aforesaid or otherwise to assist him in the carrying out
of the said duties, or knowingly furnishes such officer
or employee or agent or inspector or administrator
with false information required for the purpose
aforesaid; or
(b) knowingly makes a declaration or provides
information for any of the purposes of this Act which
is false, misleading or incorrect in any material
respect;
shall be guilty of an offence against this Act and shall be liable on
conviction to a fine (multa).
(2)
(deleted by Act LIV.2021.76).
(3) Any person who fails to comply with the provisions of this
Act or of any regulations made thereunder shall be guilty of an
offence under this Act and shall, unless a particular penalty is
provided for in this Act or is otherwise prescribed be liable, on
conviction, to a fine (multa) of not less than one hundred and
sixteen euro and forty-seven cents (116.47) and not more than one
thousand and one hundred and sixty-four euro and sixty-nine cents
(1,164.69).
(4) The punishments provided in this Act shall be without
prejudice to the application of the provisions of the Criminal Code
or of any other law.
Notwithstanding any other law, proceedings for an offence
under this Act may be commenced at any time within six years
from the commission of the offence.
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