NATIONAL ARCHIVES ACT

NATIONAL ARCHIVES

CHAPTER 477

NATIONAL ARCHIVES ACT

To regulate the National Archives, and to make provisions for the

appointment of the National Archivist and for other dispositions ancillary

thereto.

1st September, 2005;

1st October, 2005

ACT V of 2005, as amended by Legal Notice 427 of 2007 and Act LXIII

of 2021.

Part I

Preliminary

The short title of this Act is the National Archives Act.

(Article 7)

Form of Oath

I, ......................................................... swear/solemnly affirm that I will fully and

honestly fulfil my duties as National Archivist/employee of the National Archives in

conformity with the requirements of the National Archives Act, and of all orders

made thereunder, and that I will not, except in the performance of my duties under

that Act and such orders and except when information has fallen into the public

domain, disclose or make known during my service as National Archivist/employee

of the National Archives or at any time thereafter, any matter which comes to my

knowledge relating to any person, Government department or other public office by

reason of my service as National Archivist/employee of the National Archives.

(So help me God.)

In this Act, unless the context otherwise requires -

"archival repository" means a building or part of a building in

which archives are preserved and made available for consultation;

"archives" means records of enduring value selected for

permanent preservation;

"Council" means the National Archives Council established

under article 14;

"current records" means records regularly used for the conduct of

the current business of an institution;

"financial year" means any period of twelve months ending on

the 31st December

Provided that the first financial year of the National

Archives shall begin on the coming into force of this Act and shall

end on the 31st December of the next following year;

"heads of public offices" means the Permanent Secretaries,

Heads of Departments of Government, Chief Executive Officers

and officials in a comparable positions responsible for the

administration and operation of any public office;

"Local Council" means a local council established under the

Local Government Act;

"Minister" means the Minister responsible for the National

Archives;

"National Archives" means the entity called the National

Archives of Malta established under article 3;

"National Archivist" means the head of the National Archives

appointed under article 5;

"prescribed" means prescribed by regulations or orders made

under this Act;

"private records" means records other than public records as

specified in the Second Schedule;

"public office" means any body established by the Constitution

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or by or under any law, or with any partnership or other body in

which the Government of Malta, or any such body as aforesaid,

have a controlling interest or over which they have effective

control;

"public officer" has the same meaning assigned to it by article

124 of the Constitution;

"public records" means the records specified in the Second

Schedule;

"records" means recorded information regardless of form or

medium created, received and maintained by any public office in

pursuance of its legal obligations or in the transaction of its

business and providing evidence of the performance of those

obligations or that business;

"Records Officer" means the person so appointed under article

16;

"retention and disposal schedule" means the control document

recording appraisal decisions and prescribing retention or disposal

action in respect of records.

Part II

Constitution, Composition and Functions of the National Archives

Amended by

(A RTICLE 8)

LXIII.2021.12.

List of Public Records

1. Public records and archives to be preserved in any archival repository which

falls under the responsibility of the National Archives are those records and archives

created, received and maintained by

(a)

the office of the President;

(b)

the House of Representatives;

(c)

the office of the Cabinet of Ministers;

(d)

any ministry, department, commission, authority, agency or other public

office

Provided that in the case of public corporations or other parastatal or

public organizations which are or have been privatised the provisions of

this Schedule shall only apply up to the date when the Government of

Malta or any body owned or controlled by it no longer has effective

control;

(e) any embassy or other foreign representation of the Government of Malta

outside Malta and by any officer serving in such a post;

(f) the Electoral Commission or any committee or officer thereof;

(g) the Courts of Justice, or any other court or tribunal with jurisdiction

within Malta or by any judge, magistrate or other officer of such a court;

(h) any local council or authority, or committee or sub-committee or officer

thereof;

(i) any predecessor or successor of any of the institutions, bodies or

individuals designated in paragraphs (a) to (h);

(j) any other body or individual so designated by the Minister by regulation

made in accordance with this Act.

2. Records originated by the Ministry for Gozo, Gozo sections of government

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departments, and by public bodies established for Gozo shall be deposited at the

Gozo Section of the National Archives.

3. All public records and archives which at the time of the coming into force of

this Act were in the custody of the National Archives of Malta shall be considered to

be public records for the purposes of this Act.

4. All registers of notarial deeds received by notaries residing in Malta and Gozo

or Comino when these registers belong to the Government, or are privately owned but,

for one reason or another, do not have a conservator or delegated notary, or when such

registers are seized from the hands of such notaries for a good cause contemplated in this

Act, shall be preserved in a repository of archives falling under the responsibility of the

National Archives

Provided that all registers of notarial deeds received by notaries residing in

Gozo or Comino shall be deposited in the Gozo section of the National Archives.

(1) There shall be a body, to be called the National

Archives of Malta, under the responsibility of the National

Archivist. The mission of the National Archives is to preserve the

collective memory of the Maltese nation through the protection and

accessibility of all public archives regulated by this Act.

(2) The National Archives shall be a body corporate having a

distinct legal personality and shall be capable, subject to the

provisions of this Act, of entering into contracts, of acquiring,

holding and disposing of any property for the purpose 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.

(1)

The functions of the National Archives shall be

(a) to safeguard the collective memory of the Maltese

nation and protect the rights of citizens through the

selection, preservation and access to the archives in

whatever medium to the highest of standards;

(b) establish and maintain a register to be known as the

National Register of Archives;

(c) to monitor with powers of inspection the record-

keeping practices within public offices;

(d) accept and acquire private records of national

significance by gift, purchase, bequest or deposit;

(e) provide leadership to Maltese archives in such areas as

preservation of archival records, records management

and national cooperation schemes;

(f) promote the professional training of archivists and

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records managers.

(2) For the purposes of sub-regulation (1)(b), the National

Register of Archives shall contain particulars, in such form as the

National Archivist considers appropriate, of -

(i)

archives open for public inspection and location

of holdings;

(ii) records of national significance in private

archives, after the necessary permission has

been granted by the owner of the records; and

(iii) any other details or information which will

benefit the promotion of the archives and the

provision of research facilities to the general

public.

(1) There shall be a National Archivist who shall be a

person with professional qualifications, recognised competence and

reputation in the domain of archives, and who shall be appointed by

the Minister following consultation with the Archives Council for a

period of three years under such terms and conditions as is

established in his letter of appointment. On the expiry of his term

such a person may be re-appointed for a further term or terms of

three years

Provided that the first National Archivist shall be appointed

by the Minister for an initial period of three years.

(2) The legal and judicial representation of the National

Archives shall vest in the National Archivist provided that the

National Archivist may appoint any one or more of the officers or

employees of the National Archives, to appear in his name and on

his behalf in any judicial proceedings and on any act, contract,

instrument or other document whatsoever.

(3) There shall also be an Assistant National Archivist for

Gozo with the same professional qualifications as the National

Archivist and who shall be appointed in the same manner and for

the same periods of time as the National Archivist.

(1) The National Archivist shall be the chief executive

officer of the National Archives, and he shall also be responsible

for the preservation of all public records of enduring value other

than any records whose transfer may have been deferred under

article 8(5), and shall in particular

(a) provide professional assistance, advice and guidance

on the establishment and management of filing and

registry systems in public offices and on the training of

the staff of public offices in record keeping;

(b) inspect the record keeping practices and systems of

public offices which are obliged to deliver records to

the National Archives;

(c) agree with the heads of public offices on, and ensure

the implementation of, the retention and disposal

schedules relating to records specific to each such

office, which schedules shall be sufficient authority

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for taking the action specified at the due date;

(d) establish and ensure compliance with standards for the

management of public records;

(e) ensure the arrangement and description of the archival

holdings and provide appropriate finding aids to

facilitate access to them;

(f) ensure that reasonable facilities are available to the

public for inspecting and obtaining copies of public

records in the National Archives, insofar as such

records are open to inspection under article 10;

(g) give advice to users on the use of the preserved records

and documentary material of the Archives, and

increase the knowledge of national history and support

studies in it;

(h) establish a reference library on archival theory and

practice;

(i) make the holdings of the National Archives known by

organising outreach events and the lending of public

records elsewhere subject to conditions which he may

specify in line with article 9;

(j) prescribe rules to be observed by those wishing to

consult public records in the National Archives or any

other archival repository under his control;

(k) dispose of public records in his custody if in his

opinion they do not warrant preservation by the

National Archives or the preservation by the National

Archives of copies of them in such form as he may

determine will suffice;

(l) enter into arrangements with other institutions for the

joint management or conservation or restoration of

archives, and for the provision of reprographic or other

technical facilities; and

(m) prepare and sell publications or objects related to the

functions of the National Archives.

(2)

The National Archivist shall furthermore -

(a) assume full responsibility for the administration and

organization and the administrative control of the

officers and employees of the National Archives and

for such purpose assign to each officer or employee

such duties as may be required;

(b) develop

the

necessary

strategies

for

the

implementation of the objectives of the National

Archives;

(c) advise the Minister and the Council on any matter they

may refer to him or on any matter which he considers

necessary or expedient;

(d) perform such other duties as the Minister may assign

to him from time to time.

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The National Archivist and every employee of the National

Archives shall, before assuming duties in the National Archives,

subscribe to the oath contained in the First Schedule.

(1) The records to be preserved in the National Archives

shall be the public records listed in the Second Schedule.

(2) Archives of a particular nature which are regulated by any

other law, in force from time to time shall be kept and shall be

regulated in accordance with that law provided that such archives

are preserved and made accessible according to standards agreed

upon with the National Archivist.

(3) Notwithstanding the provisions of sub-article (2), the

Minister may in concurrence with the Minister responsible for a

particular archive, order the transfer of documents kept in such

archives to the National Archives, and this under such conditions as

may be agreed upon by the Minister and the Minister responsible

for those Archives; and where any such document is transferred to

the National Archives, for the purpose of any law regulating the

deposit of that document in the existing archives, such document

shall be deemed to be properly deposited in accordance with such

law, and all responsibility relative to such document, including the

issue of copies and extracts therefrom, as well as the authentication

thereof, shall upon the transfer of such documents vest in the

National Archivist.

(4) The National Archivist may certify that particular

departmental records which are more than thirty years old do not

warrant transfer to the National Archives for preservation, and any

records so certified shall be retained in the appropriate public

office or, as the case may be, returned to that public office, where

they may be retained, or disposed of, subject to the granting of an

authorisation under article 6.

(5) The National Archivist may defer the acceptance of the

transfer of records and archives into his custody if accommodation

for them is not available or other arrangements for their reception

cannot be made.

(1) No record or object preserved in the National Archives

may, without the written permission of the National Archivist, be

taken out from the premises of the National Archives. A copy of

every permission granted by the National Archivist shall be

preserved in the National Archives and shall be available for

inspection.

(2) Loans of public records outside Malta may not be made

without the written permission of the Minister given following

consultation with the National Archivist and the Council.

(3) Where a document to be found in the National Archives is

to be exhibited in Court, or otherwise used in the original, the

National Archivist shall exhibit or otherwise use the original after

making a copy thereof for preservation in the archives if that is

possible.

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(4) In the event that the National Archivist is requested to inspect

or issue a copy of the register of a public will deposited in the National

Archives, the provisions of the Notarial Profession and Notarial

Archives Act shall mutatis mutandis apply.

(1) Notwithstanding the provisions of any other law, when

a record is deposited at the National Archives public access to such

records shall only be regulated by the provisions of this Act.

(2) Public records in the National Archives, or in any other

archival repository under the control of the National Archivist,

shall be available for public inspection after the expiration of a

period of thirty years from their creation, except insofar as a longer

or shorter period may have been prescribed by the Minister

following consultation with the Minister responsible for the public

office which created the records or its successor in function.

At the expiration of the period of thirty years prescribed in

sub-article (1) any records selected for permanent preservation

which are still classified as confidential, or secret shall be

examined by the Council to ascertain whether their continuing

classification is necessary and, if it is not, they shall be de-

classified and shall become open to public inspection under sub-

article (1).

(3) The Minister may, on the advice of the National Archivist,

limit access by the public to documents and objects where

(a) they contain information which has been obtained by a

public authority under an obligation of secrecy or

confidentiality; or

(b) the security of the State or the personal safety of any

individual so require; or

(c) the fragility of the archives so warrants; or

(d) the need for organisation of the archives makes it

necessary.

(4) Without prejudice to the provisions of article 9, every copy

of a document, issued as a true copy duly sealed with the seal of the

National Archives and signed by the National Archivist, shall for

the purposes of any law, be deemed an authentic copy and for the

purpose of evidence in any court or tribunal be deemed equivalent

to the original.

(1) In case of sale of any record or work which in the

opinion of the Minister, following consultation with the National

Archivist, has archival or historical importance, the Government

shall have the right of acquiring the same in preference to all other

persons on equal conditions.

(2) Such right of preference shall be exercised by the National

Archivist by means of a judicial act served on the purchaser within

two months from the date on which the vendor or the purchaser

gives notice to the Minister, by means of a judicial act or a

registered letter, of the sale indicating the name and address of the

purchaser and the conditions of sale, or, if no such notice is given,

within six months on which it shall come to the knowledge of the

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Minister that a sale has been effected.

(3) Any person who is responsible for any act or omission

having the effect of frustrating the exercise of the right of

preference appertaining to the Government under this article shall

be guilty of an offence under this Act and shall be liable for the

penalties contemplated in this Act.

In the exercise of his functions under this Act, the National

Archivist shall

(a) give effect, as soon as practicable, to any direction, not

inconsistent with any provision of this Act which the

Minister may give to him, in relation to the policy to

be followed by him in the discharge to his function,

and in relation to any matter which appears to the

Minister to affect the nation’s archival heritage;

(b) afford to the Minister facilities for obtaining any

information with regard to the property and activities

of the National Archives, and for this purpose the

National Archivist shall furnish the Minister with

returns, accounts and other information with respect to

the functions of the National Archives, and afford

facilities for the verification of any information

furnished, in such manner and at such times as the

Minister may require.

The National Archives shall be exempt from any liability

for payment of any tax, other than customs or excise duties, or tax

on income or duty on documents for the time being in force in

(1) There shall be a National Archives Council, appointed

by the Minister, which shall be composed as follows

(a) a Chairperson;

(b) the Superintendent of Cultural Heritage ex officio or

his representative;

(c) the Chairperson of Heritage Malta ex officio or his

representative;

(d) the National Librarian ex officio or his representative;

(e) the Permanent Secretary in the office of the Prime

Minister ex officio or his representative;

(f) a person to represent the non-governmental archives or

records centres;

(g) three other persons chosen from amongst persons

known to be users of and familiar with archives,

records management and information professions, or

working in non-governmental organizations dedicated

to information and archives, one of whom shall be

appointed by the Minister responsible for Gozo.

(2) The National Archivist and the Assistant National Archivist

for Gozo shall attend all the meetings of the Council but shall not

vote at such meetings

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Provided that the Council may, if it deems so fit, require the

National Archivist and the Assistant National Archivist for Gozo

not to attend any of the meetings or any part of a meeting.

(3) The members of the Council shall be appointed for a term

of three years, but the members so appointed shall be eligible for

reappointment on the expiration of their term of office.

(4) The meetings of the Council shall be called by the

Chairperson as often as may be necessary but at least once every

two months either on his own initiative or at the request of any two

of the other members.

(5) Half the number of the members for the time being

constituting the Council shall form a quorum. Decisions shall be

adopted by a simple majority of the votes of the members present

and voting. The Chairperson shall have an initial vote and in the

event of an equality of votes, a casting vote.

(6) Any member who has a direct or indirect interest in any

contract or other action made or proposed to be made by the

Council in connection with the National Archives, shall disclose

the nature of his interest at the first meeting of the Council after the

relevant facts have come to his knowledge. Such disclosure shall be

recorded in the minutes of the meeting, and such member shall

withdraw from any meeting while such matter is discussed or

decided upon by the Council.

(7) Subject to the provisions of this Act and to such procedures

as may be prescribed, the Council shall regulate its own

proceedings.

(1) Without prejudice to the provisions of this Act, the

Council shall -

(a) promote the National Archives and other record

keeping entities;

(b) ensure and facilitate the collaboration between the

different stakeholders with direct or indirect

responsibility for the protection and management of

the archives sector;

(c) advise the Minister on the management of archives in

Malta;

(d) draw the attention of the Minister or of any

organisation or person responsible for archives to any

urgent action that may be considered necessary for the

better management of archives and records;

(e) advise the Minister on any matter arising from the

provisions of this Act and on any other matter referred

to it by the Minister.

(2) The Council shall also biannually convene a National

Forum about the archives to discuss the state of the archives

generally after receiving a relative report to be drawn up by the

Council. There shall be invited to attend at such Forum, among

others, Departments and other Government entities, Mayors of

Local Councils, owners of private archives and their archivists,

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n o n - g o v e r n m e n t a l o rg a n i s a t i o n s h a v i n g a n i n t e r e s t i n t h e

maintenance and safeguarding of archives and public records, the

University of Malta, other education institutions, specialists,

consultants, representatives of the commercial sector, persons who

make use of the archives, and any such other party showing to the

Council in writing that it has an interest therein. The Forum

procedures shall be published and sent to the Minister.

(3) The Council shall give public notice one month in advance

of the meeting of the Forum which shall be chaired by the President

who is to be appointed by the Council.

(1) There shall be in every public office a Records Officer

or Officers. It shall be the duty of every head of public office to

send a yearly return to the National Archivist with details of the

Records Officer and other details about the upkeep of records in

their public office as may be required by the National Archivist.

(2) Records Officers shall be responsible for creating and

maintaining adequate documentation of the functions and activities

of their respective public offices through the establishment of good

records keeping practices, including

(a) creating and managing current records within

appropriate filing and registry systems;

(b) drafting with the National Archivist retention and

disposal schedules relating to records specific to each

public office

Provided that such schedules shall only come into

effect when approved and signed by the National

Archivist, and in the case of records containing

personal data, also after consultation with the

Commissioner for Data Protection;

(c) implementing retention and disposal schedules issued

in accordance with article 6;

(d) providing access to the National Archives for

inspections of records in accordance with article 6;

(e) informing the National Archivist as soon as it is

known that a function or functions of the pubic office

will be transferred to another public office or

organisation, or that an activity carried on by the

public office or an activity of some other body

connected with its work is to be wound up;

(f) preparing, and providing the National Archives with,

lists of records to be transferred to the Archives for

permanent preservation in accordance with guidelines

issued by the National Archivist;

(g) arranging the material to be transferred to the National

Archives according to archival best practice agreed

with the National Archivist;

(h) providing for the safe transfer of records to be

preserved at the National Archives.

Part III

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Administrative and Personnel Provisions

(1) Subject to the provisions of the Constitution and of

any other law including this Act applicable thereto, the

appointment of officers and other employees of the National

Archives shall be made by the National Archivist. The terms and

conditions of employment shall be determined by the National

Archivist with the approval of the Minister.

(2) The National Archivist shall appoint and employ, at such

remuneration and upon such terms and conditions as he may in

accordance with sub-article (1) determine, such officers and

employees as may from time to time be necessary for the due and

efficient discharge of the functions of the National Archives.

(3) The members of the Council, all officers and employees of

the National Archives shall be deemed to be public officers within

the meaning of the Criminal Code.

(1) The Prime Minister may, at the request of the National

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

detailed for duty with the National Archives in such capacity and

with effect from such date as may be specified in the direction.

(2) The period during which a direction as aforesaid shall apply

to any officer specified therein shall, unless the officer retires from

the public service, or otherwise ceases to hold office at an earlier

date, be such as may be specified in the direction, unless the

direction is revoked earlier by the Prime Minister.

(3) Where any officer is detailed for duty with the National

Archives in accordance with 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 the National

Archivist but shall for other intents and purposes remain and be

considered and treated as a public officer.

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

public officer detailed for duty as aforesaid -

(a) shall not during the time while such officer 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 that public officer at a date on which he was

detailed for duty; or

(ii) be so employed that the remuneration and

conditions of service are less favourable than

those which are attached to the appointment

under the Government held by that public officer

at the date he was detailed for duty as aforesaid

or which would have become attached to such

appointment, during the said period, had such

officer not been detailed for duty with the

National Archives; and

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

Archives considered as service with the Government

for the purpose 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 that public officer would be

entitled, and shall be liable to any liability to which he

would be liable, but for the fact that he is detailed for

duty with the National Archives.

(5) Where an application is made as provided in sub-article

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

applicant had not been detailed for duty with the National

Archives.

(6) The National Archives shall pay to the Government, where

applicable, 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 the National Archives as aforesaid during the period in

which such officer is so detailed.

(1) The National Archives may, with the approval of the

Prime Minister, offer to any officer detailed for duty with it under

any of the provisions of article 18 permanent employment 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 the

National Archives, 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 the National Archives on the date of such acceptance and for

the purposes of the said Ordinance and of the said Act, so far as

applicable to that officer, service with the National Archives 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 the National Archives 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 service with the National Archives was service with the

Government.

(5) The National Archives 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 it as aforesaid during the period commencing on

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the date of such officer’s acceptance.

(6)

(a) For the purposes of this article the posts and salary

grades with the National Archives 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 Minister 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 the National

Archivist. 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

the Government service, and, or, of employees of the

National Archives.

(d) No post shall be classified in a grade higher than that

of 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 the provisions of 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 that person would have been entitled prior to

such classification.

Part IV

Financial Provisions

(1) Without prejudice to the following provisions of this

article, the National Archives shall so conduct its affairs that every

effort shall be made to meet as much as possible of the expenditure

required for the proper performance of its functions out of its

(2) For such purpose the National Archivist shall levy such

fees, rates and other payments prescribed or deemed to be

prescribed by or under this Act or any other law.

(3) The National Archives shall be paid by Government out of

the Consolidated Fund such sums as the House, may from time to

time authorise to be appropriated to meet the costs of specified

works to be continued or otherwise carried out by the National

Archives, being works of infrastructure or a similar capital nature,

or to meet any of its expenditure which it cannot meet out of its

own revenue.

(4) Any revenue shall, subject to such directives as the

Minister, after consultation with the Minister responsible for

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finance, may from time to time give, be applied to the National

Archives for its purposes, and without prejudice to the generality of

the powers given to the Minister by this sub-article, any direction

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 direction, of any part of the fees rates and other payments

levied in accordance with sub-article (2).

(1) For the purposes of any requirements of a capital

nature, the National Archives may, with the approval in writing of

the Minister in 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

Minister, after consultation as aforesaid, may in writing approve.

(2) The National Archives may also, with the approval of the

Minister in consultation with the Minister responsible for finance,

from time to time borrow, by way of overdraft or otherwise, such

sums as it may require for carrying out its functions under this Act.

The Minister responsible for finance may, after

consultation with the Minister, make advances to the National

Archives of such sums as the Minister responsible for finance may

agree to be required for carrying out any of its functions under this

Act, and may make such advances on such terms and conditions as

the Minister responsible for finance may, after consultation as

aforesaid, deem appropriate. Any such advance may be made by the

Minister responsible for finance out of the Consolidated Fund, and

without further appropriation other than this Act, by warrant,

authorising the Accountant General to make such advance.

(1) The National Archivist shall prepare in every financial

year, and shall not later than eight weeks before the end of each

financial year adopt, estimates of the income and expenditure for

the next following financial year

Provided that the estimates of the National Archives for its

first financial year shall be prepared and adopted within such time

as the Minister may by notice in writing specify to the National

Archives.

(2) The estimates shall be made in such forms and shall contain

such information and such comparisons with previous estimates as

the Minister responsible for finance may direct.

(3) A copy of the estimates shall, upon their adoption by the

National Archivist, be sent forthwith to the Minister and to the

Minister responsible for finance.

(1) No expenditure shall be made or incurred by the

National Archives unless it has been approved by the House.

(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 House, whichever is the

earlier date, the National Archives may make or incur

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expenditure for carrying out its functions under this

Act not exceeding in the aggregate one-half of the

amount approved 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,

be incurred in respect of another head or sub-head of

the estimates;

(c) in respect of the first financial year, the National

Archives may make or incur expenditure until the

approval of the estimates for that year by the House

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 House is not sufficient, or if a

need has arisen for expenditure for a purpose not

provided for in the estimates, the National Archives

may adopt supplementary estimates for approval by

the House and pending such approval, the National

Archives may in special circumstances and with the

approval of the Minister, acting in consultation with

the Minister responsible for finance, incur the relative

expenditure or part thereof as the said Minister may so

approve, and in any such case the provisions of this

Act applicable to the estimates shall, as near as

practicable, apply to the supplementary estimates.

(1) The National Archivist shall cause to be kept proper

books of account and other records in respect of the operations of

the National Archives and shall cause to be prepared a statement of

accounts in respect of each financial year.

(2) The accounts of the National Archives shall be audited by

an auditor or auditors to be appointed by it and approved by the

Provided that the Minister responsible for finance may

require the books and other records of the National Archives to be

audited or examined by the Auditor General who shall for this

purpose have power to carry out such physical checking and other

verification, and may require such information, as the Auditor

General may deem necessary.

(3) After the end of each financial year, at the same time as a

copy of the estimates of the National Archives is forwarded to the

Minister under article 23, the National Archivist shall cause a copy

of the statement of accounts 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 auditor or auditors on that statement

or on the accounts of the National Archives.

(4) The Minister shall cause a copy of every such statement and

report to be laid before the House.

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(1) All moneys accruing to the National Archives shall be

paid into a bank or banks appointed as bankers by it. Such moneys

shall, as far as practicable, be paid into the banks from day to day,

except for such sum as the National Archivist may require to retain

to meet petty disbursements and immediate payments.

(2) All payments out of the funds of the National Archives,

except petty disbursements not exceeding such sum as may be fixed

by the National Archivist with the approval of the Minister, shall be

made by such officer or officers of the National Archives as shall

be appointed or designated for the purpose.

(3) Cheques against and withdrawals from any bank account of

the National Archives shall be signed by such officer of the

National Archives as may be appointed or designated by the

National Archivist for that purpose and shall be countersigned by

the authorised member or officer of the National Archives as may

be authorised by the National Archives for that purpose.

(4) The National Archives 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 its monies are to be paid, and the transfer of

funds from one account into another;

(c) the method to be adopted in making payments out of

its fund; and

(d) generally with respect to any matter which is relevant

to the proper keeping and control of the accounts,

books and other records and the control of its finances.

The National Archives shall not, except with the approval

of the Minister granted 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 work or for the

rendering of services, to or for the benefit of the National Archives,

which is estimated by the National Archivist to involve an

expenditure exceeding six thousand and nine hundred and eighty-

eight euro and twelve cents (6,988.12), or such other amount as the

Minister responsible for finance may authorize, except after notice

of its intention to enter into such contract has been published and

competitive tenders have been issued.

The National Archivist 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 the National Archives during that

financial year and containing such information relating to its

proceedings and policy as either of the said Ministers may from

time to time require. The Minister shall, not later than four weeks

from the receipt of such report, cause a copy of every such report to

be laid on the Table of the House.

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Part V

Transfer of certain Assets to the National Archives

(1) The property and undertakings owned by the

Government and used by it immediately before the date of the

coming into force of this Part of this Act, for the operation of any

of the functions which by this Act are being transferred to or vested

in the National Archives shall, on the date aforesaid, by virtue of

this Act and without further assurance, be transferred to and vested

in the National Archives under the same title by which they were

held by the Government immediately before the said date. The

provisions of this sub-article shall not apply to immovable

property.

(2) The use and administration of the immovable assets from

time to time specified in the Order made by the Minister

responsible for lands in consultation with the Minister and

published in the Gazette (hereinafter referred to as "the immovable

assets") being immovable assets which immediately before the

coming into force of this Part of this Act were owned by the

Government and used by it for the operation of any of the functions

which by this Act are being transferred to or vested in the National

Archives, shall, with effect from such day as may be specified in

any such Order and by the virtue of this Act and without any further

assurance, be vested in the National Archives.

(3) 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,

instruments, vehicles, craft, buildings, structures, installations,

land, roads, works, stocks and other property movable or

immovable, assets, powers, rights and privileges and all things

necessary or ancillary thereto which are held or enjoyed in

connection therewith or appertaining thereto, as well as all

obligations affecting or relating to any of the aforesaid property or

undertakings or other thing included therein as aforesaid.

(4) Any transfer of property, whether moveable or immovable,

shall be subject to all those terms and conditions that the Minister

may deem necessary to ensure that such property is exclusively

used for the purposes of the functions of the National Archives or

purposes ancillary thereto.

Subject to the provisions of this Act, all laws, rules,

regulations, orders, judgements, decrees, wards, deeds, bonds,

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

into force of this Part of this Act affecting or relating to any of the

properties or undertakings transferred to the National Archives by

or under this Act shall have full force and effect against or in

favour of the National Archives, and shall be enforceable freely

and effectually, as if instead of the Government or governmental

authority the National Archives had been named therein or had

been a party thereto, and otherwise in substitution of the

Government or governmental authority.

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Part VI

Offences

(1) Any person who -

(a) receives or retains any public record knowing that it

has been illegally removed in Malta or illegally

exported from any other country; or

(b) hinders, obstructs, molests or interferes with, or

attempts to hinder, obstruct, molest or interfere with,

any officer or employee of the National Archives or

any police officer in the execution of duties provided

for under this Act, or fails to comply with any lawful

order by any such officer or employee or police officer

as aforesaid, or knowingly furnishes such officers or

employees with false information or neglects or

refuses to give any information required by or under

this Act,

shall be guilty of an offence against this Act and shall be liable, on

conviction, to a fine (multa) of not less than four hundred and

sixty-five euro and eighty-seven cents (465.87) and not exceeding

eleven thousand and six hundred and forty-six euro and eighty-

seven cents (11,646.87), or to imprisonment for a term not

exceeding three years, or to both such fine and imprisonment

Provided that, subject to the above maximum, the minimum

fine (multa) to which an offender shall become liable under this

article shall not be less than the value of any work that might be

required to remedy the effects of the offence.

(2) The Court, besides awarding the punishment referred to in

this article, may order the convicted offender to remove the causes

of the offence and to undo anything which was done without the

authorisation required under this Act, within a time sufficient for

the purpose and, if the offender fails to comply with any such order

within the time so fixed, he shall be liable to a further fine (multa)

of not less than fifty-eight euro and twenty-three cents (58.23) and

not more than one hundred and sixteen euro and forty-seven cents

(116.47), as the court may fix, for every day during which the

default continues after the expiration of the said time.

(3) Any public record which has been or which may be

removed without proper authorisation under this Act, may be

reclaimed by the National Archives.

Part VII

Miscellaneous

(1) In making available for inspection or providing copies

of public records in his custody the National Archivist shall not be

in breach of the copyright of such records.

(2) The provision of copies of public records by the National

Archivist does not imply the transfer of any copyright therein to the

recipients.

(3)

The publication of facsimile copies of public records in the

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custody of the National Archivist in which copyright of the

Government of Malta subsists is prohibited except with the consent

of the National Archivist and subject to such conditions as he may

require and to the payment of such fees as may be prescribed under

this Act.

The Minister may, after consultation with the National

Archivist, make regulations to give effect to any of the foregoing

provisions of this Act, or to regulate or otherwise provide for any

matter relating to public records, and may in particular, but without

prejudice to the generality of the foregoing make regulations for

any of the following purposes

(a) to provide for the proper management and preservation

of public records and the manner in which the public

may have access to the documents and objects in the

National Archives;

(b) to establish the standards and the manner in which

copies and other reproductions of documents and

objects in the National Archives, may be made;

(c) to establish the fees and dues which may be payable by

or under, or for services rendered pursuant to, the

provisions of this Act;

(d) to ensure the better fulfilment of the functions of the

National Archives, the National Archivist, and the

Council;

(e) to regulate the appointment of officers and employees

with the National Archives;

(f) to establish guidelines for best preservation practice;

(g) to provide for any forms or procedures which may be

necessary or expedient and for which no express

procedure is contained in this Act;

(h) to regulate movement of public records and the periods

within which such records shall remain closed to

public inspection;

(i) where not otherwise provided in this Act, to prescribe

rules regulating the powers and duties of, and the

procedures to be followed by the National Archives;

(j) to amend the Schedule;

(k) to prescribe anything else which may or is to be

prescribed under this Act.

Records and other materials in the custody of the Curator

of the National Archives on the day before the coming into

operation of this Act are hereby transferred to the custody of the

National Archivist subject to any terms and conditions that were

applicable to those records and other materials on that day.

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