PUBLIC ADMINISTRATION ACT

PUBLIC ADMINISTRATION

CHAPTER 497 *

PUBLIC ADMINISTRATION ACT

To affirm the values of public administration as an instrument for the common good, to

provide for the application of those values throughout the public sector, and to provide for the

organisation and management thereof.

(27th November, 2009);

(30th March, 2010) †

ACT I of 2009, as amended by Legal Notices 194, 487, 522 of 2010; Act VI of 2011; Legal

Notices 522 of 2010, 479 of 2011, 324, 346, 434 of 2012, 269, 436 of 2013, 50, 68, 192, 402,

414 of 2014, 2, 25, 50, 153 of 2015, 41, 104, 171, 311, 340, 366 of 2016, 107 of 2017, 108 of

2017, 149 of 2017, 154 of 2017, 243 of 2017, Act II of 2018 and Legal Notice 96 of 2018 and

144 of 2018,153 of 2018 , 286 of 2018 ,308 of 2018 and Act XXVIII of 2018 and Legal Notice

356 of 2018. ,401 of 2018 and 4 of 2019.

(1)

The short title of this Act is the Public Administration

Act.

(2) This Act shall come into force on such a date as the Prime

Minister may by notice in the Gazette establish, and different dates

may be so established for different provisions or different purposes

of this Act

Provided that articles 21 to 26 inclusive, 28 and 31 to 34

inclusive may only be brought into force after the necessary

instruments of delegation have been issued in terms of article 110

of the Constitution.

CODE OF ETHICS

(Article 5)

A.

Principles

1. This Code of Ethics is adopted within a framework of principles which are

fundamental to the ethos governing behaviour. These have been identified as public

trust; serving the public and the business community; responsibility to the

Government of the day; productivity and flexibility; and public employees’ rights.

2. The public has a right to expect that public sector organisations and their

employees are of the highest integrity and competence and serve all citizens fairly,

reasonably, equitably and efficiently.

3. Public employees shall provide impartial and accurate advice to the

Government of the day and shall implement its policies promptly, efficiently and

effectively.

4. The public and the business community have a right to expect that public

employees will seek to meet their legitimate needs promptly and courteously.

5. The nation expects public employees to be committed to a constant quest for

innovation, improved productivity, and the simplification of procedures, so as to

contribute to national economic growth and competitiveness.

6. Public employees shall make full use of information and communication

technology as an essential tool in the improvement of public administration and the

delivery of better services, and they shall ensure that they possess the necessary

skills to this end.

7. Public employees’ rights are all the rights of employees, within the

provisions of legislation and regulations.

B.

Conflicts of Interest

8. A conflict of interest may be defined as a situation in which a public

employee has a private or personal interest sufficient to influence or appear to

influence the objective exercise of his or her official duties.

9. Public employees shall avoid any financial or other interest or undertaking

that could directly or indirectly compromise the performance of their duties.

10. In many cases only the individual employee will be aware of the potential

for conflict. Therefore, the onus is on the employee to disclose to his or her senior if

a potential or actual conflict of interest arises.

11. This includes the notification of all relevant personal, financial, business or

other interests, in particular

(a) any directorship, partnership, agency or any shareholding;

(b) any interest in any activity or business in which or with which the

organisation is engaged;

(c) any interest in goods or services recommended or supplied to the

organisation.

12. Public employees shall notify the head of the organisation in writing within

a week whenever any of the above interests arise namely, upon assuming office,

change in duties or due to a change in circumstances.

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C.

Acceptance of Gifts or Benefits

13. No public employee or any member of his household shall accept gifts or

services such as might be deemed to create an obligation, real or imagined.

14. A gift can be interpreted as an inducement or a reward simply because of its

intrinsic value and therefore only token gifts may be accepted.

D.

Personal and Professional Behaviour

15. Public employees shall perform any duties associated with their positions

diligently, impartially and conscientiously, to the best of their ability.

16. In the performance of their duties, public employees shall

(a) keep up to date with advances and changes in their area of expertise;

(b) comply with any relevant legislative or administrative requirements;

(c) treat members of the public and other staff members with courtesy and

sensitivity to their rights;

(d) provide all necessary and appropriate assistance to members of the

public;

(e) maintain adequate documentation to support any decisions made;

(f) strive to obtain value for public money spent and avoid waste and

extravagance in the use of public resources;

(g) not take or seek to take improper advantage of any official information

gained in the course of employment;

(h) not wilfully supply incorrect or misleading information;

(i) not indulge in favouritism or nepotism.

17. At all times the behaviour of a public employee shall be in such a way as not

to discredit his or her position and not to reflect adversely on the public service.

18. Public employees shall be expected to give full support to the Government

of the day regardless of which political party or parties are in office. When

implementing Government policy, public employees’ own values and beliefs shall

not take precedence over those explicit or implicit in Government policy.

19. Public employees shall not harass or discriminate in work practices on the

ground of sex, marital status, pregnancy, age, race, colour, nationality, physical or

intellectual impairment, sexual preference, or religious, political or other

convictions / allegiances when dealing with their colleagues and members of the

public.

20. Public employees have a duty to report to a senior employee any unethical

behaviour or wrongdoing by any other public employee during the course of his or

her duties.

E.

Fairness and Equity

21. Issues or cases being considered by public employees shall be dealt with

consistently, promptly and fairly. This involves dealing with matters in accordance

with approved procedures, without discrimination on any grounds. There is an

obligation to treat each issue reasonably and with a view to meeting the principles of

natural justice.

22. When using any discretionary powers public employees shall ensure that

they take all relevant facts into consideration and have regard to the particular merits

of each case.

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F.

Use of Official Information

23. A public employee shall only disclose official information or documents

acquired in the course of his or her employment when required to do so by law, in

the course of duty, or when proper authority has been given. In such cases,

comments made by public employees shall be confined to factual information and

shall not express opinion on official policy or practice.

24. A public employee as defined in article 2 of the Public Administration Act

shall not accept employment in the private sector if he will be placed in a position to

make use of "insider information" if such information came to his knowledge as a

direct result of his public employment.

G.

Use of Official Facilities and Equipment

25. It is expected that public employees shall

(a) be efficient and economical in the use and management of public

resources;

(b) be scrupulous in their use of public property and services and not permit

their abuse by others.

26. Official facilities and equipment shall not be used for private purposes

unless prior official permission has been given.

H.

Outside Employment and Termination

27. The prior approval of the Permanent Secretary of the Ministry concerned or

the Chairperson/Chief Executive Officer is required before public employees may

engage in any form of business or employment outside their official duties.

28. In all cases when outside employment is considered, public employees shall

give their public sector employment first consideration and avoid situations which

could give rise to, or the appearance of, a conflict of interest. In particular, they must

consider whether the company or organisation concerned is in, or entering into, a

contractual relationship with the Government, whether its primary purpose is to

lobby government organisations or members of Parliament, or whether it is in a

regulatory relationship with the organisation.

29. Former public employees shall ensure that they do not accept employment

or engage in activities which may cast doubts on their own integrity or that of the

organisation in which they were previously employed or of the Public Service

generally.

I.

Political Participation and Comment

30. It is of the greatest importance that public confidence in the impartiality of

the public administration shall not be impaired in any way. Public employees need to

ensure that their participation in political activities does not bring them into conflict

with their primary duty to serve the Government of the day. This is important in

order to maintain ministerial and public trust in the impartiality of the advice given,

and actions taken, by public employees.

31. Likewise public employees need to ensure that the spirit of paragraph 30

hereof is respected whenever they are asked to make a public comment. Public

comment includes public speaking engagements, comments on radio and television

and expressing views in letters to the newspapers or in books, journals or notices or

where it might be expected that the publication or circulation of the comment will

spread to the community at large.

32. Determining what is appropriate in any particular case will depend on the

PUBLIC ADMINISTRATION

extent of the participation of the individual, the nature of the issue, the position held

by the individual and existing regulations within the organisation concerned.

33. If a public employee becomes aware that a potential conflict, whether real or

apparent, has arisen or is likely to arise, the public employee shall immediately

inform the head of his or her organisation.

34. If a conflict of interest does arise, the public employee may have to stop

participating in political activity or withdraw from areas of his or her duties giving

rise to the conflict of interest.

J.

Sanctions

35. Sanctions may be applied if public employees are involved in breaches of

this Code of Ethics.

36. The sanctions applied shall depend on the seriousness and nature of the

breaches and may entail formal disciplinary and, or criminal action as applicable.

37. Whenever appropriate, counselling by a supervisor or member of senior

staff may also be given.

PUBLIC ADMINISTRATION

(1)

In this Act, unless the context otherwise requires

"Code of Ethics" means the code of ethics in the First Schedule;

"department of Government" or "department" means any entity

in the Public Service that is listed in the Second Schedule;

"Disciplinary Regulations" means the Disciplinary Procedure in

the Public Service Commission Regulations or any other

regulations on disciplinary matters substituting them and which

may be made under article 121(1) of the Constitution;

"government agency" or "agency" means a body listed in the

Fourth Schedule;

" g o v e r n m e n t e n t i t y " m e a n s a n o rg a n i s a t i o n , n o t b e i n g a

government department, a government agency or a commercial

partnership, in which Government has a controlling interest,

whether or not such organisation is established by law;

"grade" means any of the grades listed in the Third Schedule, and

consists of a group of one or more posts in one or more departments

which bear a common designation and are filled directly through an

appointment to the grade;

"Minister" means, unless the context otherwise requires, the

Minister responsible for the public administration so however that

where the Prime Minister has delegated, wholly or in part, any of

the powers, functions or authorities assigned to him by this Act, the

Prime Minister may still exercise such powers, functions or

authorities collaterally with such Minister;

"ministry" means an organisation referred to in article 6;

"position" means any office in the public service, other than a

grade;

"post" means a particular set of tasks or duties which are

performed or intended to be performed by one person;

"Principal Permanent Secretary" means the person appointed in

terms of article 14;

"public administration" means the Government of Malta

including its ministries and departments, and the agencies,

government entities, commissions and boards referred to in this

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Act;

"public administration values" means the values listed in article

4;

"public employee" includes public officers and employees of

government agencies and government entities, and for the purpose

of section B, section C and paragraph 27 of the Code of Ethics a

person shall continue to be regarded as a public employee for three

years following his retirement, resignation or dismissal from public

employment;

"public office" has the same meaning assigned to it by article 124

of the Constitution and shall also, for the purposes of this Act, be

understood to mean any grade or position in the public service

except those listed in subarticle (2)(a);

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

124 of the Constitution, but shall for the purposes of this Act be

understood in accordance with subarticle (2);

"public service" has the same meaning assigned to it by the

Constitution, but shall for the purposes of this Act be understood in

accordance with subarticle (2);

"Public Service Commission" means the Commission established

by article 109 of the Constitution;

"Senior Executive Service" means the body of senior public

officers to which article 19 refers;

"transfer" means to assign a public officer to a different post.

(2)

This Act shall not apply to

(a) the offices of judge, magistrate, Attorney General and

Auditor General; and

(b) the offices of Speaker, Deputy Speaker, Ombudsman

and Data Protection Commissioner; and

(c) the Broadcasting Authority, the Electoral Commission,

the Employment Commission, and (in so far as this

Act does not specifically refer to it) the Public Service

Commission

Provided that, without prejudice to the independence

of the Electoral Commission and the Public Service

Commission under the Constitution, this Act shall

apply to the Electoral Office and the Public Service

Commission Secretariat.

(3) Unless otherwise specified to the contrary in this Act,

where a provision of this Act conflicts with the provisions of any

other law governing a department, an agency or a government

entity, the other law shall prevail.

Substituted by

L.N. 194 of 2010;

DEPARTMENTS

L.N. 487 of 2010;

L.N. 346 of 2012.

(Article 8)

Amended by

VI. 2011.152;

L.N. 324 of 2012.

Substituted by

L.N. 346 of 2012.

Amended by

L.N. 434 of 2012;

L.N. 436 of 2013;

L.N. 402 of 2014.

Substituted by

L.N. 50 of 2015.

Amended by

L.N. 311 of 2016

Substituted by

L.N. 108 of 2017.

I n each part of this Schedule departments are listed in alphabetical order according to

the functional element of their title (Social Security rather than Department of Social

Security).

Part I

Departments other than those not subject to ministerial control

Other offices with statutory

Equivalent

Function of

Head of

Department

powers

title at law

the

department

(article 10)

(article 10)

department

Department

Director

To

of Active

(Active

implement

Ageing and

Ageing and

the National

Community

Community

Active

Care

Care)

Ageing, the

National

Dementia

Strategy as

well as all

services for

older

persons both

at

community

and

residential

basis on a

national

level.

PUBLIC ADMINISTRATION

Benefit

Director

Director

To

Fraud and

(Benefit

responsible

investigate

Investigation

Fraud and

for the

fraud by

Department

Investigation)

Benefit

individuals

Fraud and

receiving

Investigation

benefits and

Department

allowances

payable

under the

Social

Security Act

Cabinet

Secretary to

To support

Office

the Cabinet

the workings

of Cabinet

Department

Director

To provide

of Civil

(Civil

fire-fighting

Protection

Protection)

and rescue

services and

take

protective

action

against

natural,

industrial

and other

emergencies

Commerce

Director

To monitor

Department

General

and provide

(Commerce)

assistance to

Comptroller

small

of Industrial

enterprises

Property

and craft

Director of

industries,

Trade

and to

Director of

regulate

Industry

intellectual

property and

trade

Department

Director

To regulate,

of Contracts

General

monitor,

(Contracts)

manage and

Head of the

approve

Department

contracts

of Contracts

issued by

Government

departments

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Courts of

Director General

To support

Justice

(Courts)

and facilitate

Department

the

Director

Director,

administratio

(Civil Courts

Civil Courts

n of justice

and Civil

and

Tribunals,

Tribunals

Malta)

Registrar,

Civil Courts

and

Tribunals

Director

Director,

(Criminal

Criminal

Courts and

Courts and

Criminal

Tribunals

Tribunals,

Registrar,

Malta)

Criminal

Courts and

Tribunals

Director

Director,

(Gozo

Gozo Courts

Courts and

and

Tribunals)

Tribunals

Registrar,

Gozo Courts

and

Tribunals

Customs

Director General

Commis-

To collect

Department

(Customs)

sioner for

customs and

Revenue

excise duties

and curb

Comptroller

illegal

of Customs

imports

while

facilitating

trade

Economic

Director General

To provide

Policy

(Economic Policy)

expert

Department

advice and

assistance to

Government

in the

formulation

of economic

policy and

the

management

of economic

activity

Fisheries and

Director

To promote,

Aquaculture

General

develop and

Department

(Fisheries and

regulate

Aquaculture)

aquaculture

PUBLIC ADMINISTRATION

Department

Director

Press

To provide

of

(Information)

Registrar

the public

Information

with up-to-

date,

comprehensi

ve and

meaningful

information

on

Government

policies,

services and

activities,

and on

matters

which may

be of public

interest.

Inland

Director General

Commis-

To

Revenue

(Inland Revenue)

sioner for

administer

Department

Revenue

fiscal

legislation in

relation to

income and

other taxes

Department

Director

To

of Justice

(Justice)

coordinate,

support and

supervise the

functions of

all areas in

the Justice

sector.

Local

Director

Director

To support

Government

(Local Government,

responsible

and monitor

Department

Monitoring and Support)

for Local

activities of

Councils

the Local

Councils

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People and

Director General

To provide a

Standards

(People and Standards)

framework

Department

that enables

ministries

and

departments

to plan for

their human

resources

efficiently

and for the

management

of the people

relations and

wellbeing, to

manage

corporate

human

resources

data

systems,

resourcing

and

compliance

to directives

and

procedures,

to establish

and ensure

adherence to

the levels of

good quality

and

standards,

and be in

charge of

strategic

human

resource

management

, and lead

and

coordinate

industrial

relations

Malta Police

Commissioner of Police

Principal

To preserve

Force

Immigration

peace and

Officer

order, to

detect and

investigate

offences,

and to

prosecute

offenders; to

control

immigration

into Malta

PUBLIC ADMINISTRATION

Probation

Director

Director of

To help

and Parole

(Probation and Parole)

Probation

ensure social

Services

stability in

Maltese

society by

contributing

to minimise

the

frequency of

crime and by

ensuring the

re-

integration

of offenders

into society,

through

probation,

parole and

victim

support

services

Rural

Director General

To promote

Development

(Rural Development)

and develop

Department

farming and

Director

Director of

regulate the

(Agriculture)

Agriculture

upkeep of

public

gardens

Department

Director General

To

of Social

(Social Security)

administer

Security

the social

security

(contributory

and non-

contributory)

scheme and

provide

timely

financial

assistance

and other

social

benefits,

pensions and

allowances

to eligible

applicants

Social

Director

Director of

To regulate

Welfare

(Social Welfare Standards)

the

the welfare

Standards

Department

sector and

Department

responsible

ensure that

for social

the providers

welfare

of social

welfare

services

comply with

set standards

PUBLIC ADMINISTRATION

Superin-

Superintenden

Superintende

To regulate

tendence

t of Public

nt of Public

and

of Public

Health

Health

safeguard

Health

public health

and to

regulate the

provision of

health care

by both

public and

private

sector

providers

Tax

Head

To curb tax

Compliance

(Tax Compliance Unit)

evasion

Unit

Treasury

Accountant

Accountant

To maintain

Department

General

General

a uniform

accounting

system

across

Government

departments;

supervise,

monitor and

report on all

Government

financial

transactions

and manage

Public Debt.

VAT

Director General

Commis-

To ensure

Department

(VAT)

sioner for

that all

Revenue

persons

performing

an economic

activity for a

consideratio

n duly

register

under the

VAT Act,

and collect

dues

PUBLIC ADMINISTRATION

Works and

Director

Director of

To design,

Infrastructur

General

Public

plan and

e Department

(Works and

Works

carry out

Infrastructure)

public

Superin-

infrastructur

tendent of

e works and

Public

projects.

Works

To provide

ancillary

building

projects

services,

manufacturin

g services,

public

cleansing

services and

a regulatory

framework

for the

building

construction

industry

Part II

Departments not subject to ministerial control

Other offices

with

Head of

Equivalent title at

Function of the

Department

statutory

department

law (article 10)

department

powers

(article 10)

Electoral

Chief Electoral

To support the

Office

Commissioner

Electoral

Commission in the

exercise of its

functions

Internal

Director

Director, Internal

To conduct internal

Audit and

General

Audit and

audits and

Investigation

(Internal Audit

Investigations

investigations under

s

and

Directorate

the Internal Audit

Department

Investigations)

and Financial

Investigations Act

Office of the

Secretary to

To support the

President

the Presidency

President in the

fulfilment of his

constitutional duties

Office of the

Executive

Executive Secretary

To support the

Public

Secretary,

to the Commission

Public Service

Service

Public Service

Commission in the

Commission

Commission

exercise of its

functions

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Departments of Government, government agencies and

government entities are bodies which manage public resources and

which provide services to the public or perform other functions on

behalf of the State, and as such, these bodies, and the public

employees performing duties therein, shall

PUBLIC ADMINISTRATION

(a) be governed by the provisions of this Act, including

the public administration values and the Code of

Ethics;

(b) be subject to Ministerial direction as provided for in

the Constitution and in this Act and other laws, except

on matters in respect of which they are expressly

required by law to act independently or under the

direction of a person or authority other than a

Minister;

(c) be accountable under this Act and other laws for the

manner in which they provide services, carry out their

functions and manage their resources, for their

observance of the public administration values and the

Code of Ethics, and for their observance of the

Ministerial directions referred to in paragraph (b).

GRADES

(Article 27)

Salary Scale 1

Salary Scale 5 Continued

Attorney General

Principal Information Officer

Officer in Grade 1

Principal Medical Officer

Principal Veterinary Officer

Salary Scale 2

Project Manager (IT)

Commissioner of Police

Senior Clerk Assistant

Officer in Grade 2

Senior Counsel

Senior Registrar

Salary Scale 3

Sports Officer II

Ambassador

Superintendent of Police

Deputy Attorney General

Deputy Commissioner of Police

Salary Scale 6

Director (Clinical)

Clerk Assistant

Officer in Grade 3

Counsel

Education Officer

Salary Scale 4

General Practitioner

Assistant Attorney General

Head of Building & Restoration

Assistant Commissioner of Police

Head of School

Chief Electoral Commissioner

Head of Trade School

Chief Notary to Government

Internal Audit Manager

Consultant

Manager, Dental Hygiene Services

Officer in Grade 4

Manager, Dental Technology Services

Senior Counsellor

Manager, Medical Laboratory Technology

Services

Salary Scale 5

Manager, Midwifery Services

Assistant Director of Education

Manager, Nursing Services

Assistant Director, Pharmaceutical Services

Manager, Occupational Therapy Services

Assistant Registrar

Manager, Office of Co-operatives

Chief Architect & Civil Engineer

Manager, Physiotherapy Services

Chief Curator

Manager, Podology Services

Chief Economics Officer

Manager, Radiography Services (Diagnostic)

Chief Engineer

Manager, Radiography Services (Therapeutic)

Chief Inspector of Customs

Manager, Speech Therapy Services

Chief Psychologist

Principal Economics Officer

Chief Quantity Surveyor

Principal Environment Officer

Chief Scientific Officer

Principal Health Promotion Officer

Deputy Director, Dept of Civil Protection

Principal Inspector (Health & Safety)

Deputy Director, Institute of Tourism Studies

Principal Pharmacist

First Counsellor

Principal Probation Officer

Librarian

Principal Public Cleansing Officer

Manager, Health Inspectorate

Principal Scientific Officer

Officer in Grade 5

Principal Social Worker

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Salary Scale 6 Continued

Salary Scale 8 Continued

Principal Trading Standards Officer

Midwifery Officer

Registrar

Nursing Officer

Senior Architect & Civil Engineer

Principal Health Inspector

Senior Engineer

Principal Paramedic

Senior Legal Officer

Psychologist

Senior Medical Officer

Senior Assistant Librarian

Senior Psychologist

Senior Co-Operatives Officer

Senior Quantity Surveyor

Senior Economics Officer

Senior Veterinary Officer

Senior Environment Inspector

Senior Health Promotion Officer

Salary Scale 7

Senior House Officer

Assistant Head of School

Senior Inspector (Health & Safety)

Assistant Head of Trade School

Senior Probation Officer

Chief Assistance and Rescue Officer

Senior Scientific Officer

Chief Printer

Senior Social Worker

Counsellor

Senior Statistics and Research Officer

Curator

Senior Trading Standards Officer

Departmental Midwifery Officer

Veterinary Officer

Departmental Nursing Manager

Head, Care Centre

Salary Scale 9

Medical Officer (GP)

Assistant Chief Printer

Operations Manager

Assistant Principal Health Inspector

Principal Agricultural Officer

Assistant Principal Paramedic

Principal, Agricultural College

Cultural Organiser

Principal Veterinary Support Officer

Deputy Midwifery Officer

School Counsellor

Deputy Nursing Officer

Senior Information Officer

Disablement Resettlement Officer

Senior Inspector of Customs

Engineer

Senior Internal Auditor

First Secretary

Senior Notary

House Surgeon (Dentistry)

Senior Pharmacist

Houseman

Senior Principal

Inspector of Customs

Senior Systems Analyst (IT)

Instructor

Subject Co-ordinator

Junior Architect & Civil Engineer

Trade/Subject Co-ordinator

Junior Legal Officer

Trade/School Counsellor

Junior Veterinary Officer

Manager, Security Services

Salary Scale 8

Notary

Architect & Civil Engineer

Notary to Government (Gozo)

Dental Surgeon

Officer i/c Operations (IT)

Inspector of Police

Operations Officer

Internal Auditor II

Pharmacist

Legal Officer

Principal Agricultural Foreman

Medical Officer

Principal ECG Technician

Meteorological Officer

Principal Pharmacy Technician

PUBLIC ADMINISTRATION

Salary Scale 9 Continued

Salary Scale 11 Continued

Principal Technical Officer

Inspector (Printing Press)

Public Cleansing Officer

Leading Assistance and Rescue Officer

Public Relations Officer

Main Inspector

Quantity Surveyor

Officer in Grade 11

Senior Agricultural Officer

Photographer in Charge

Senior Consul

Principal Security Officer

Senior Legal Procurator

Programmer II (IT)

Senior Veterinary Support Officer

Senior Agricultural Foreman

Station Officer

Senior Correctional Officer

Sports Officer I

Senior ECG Technician

Systems Analyst (IT)

Senior Fisheries Officer

Teacher

Senior Foreman

Senior Marshal

Salary Scale 10

Senior Operator (IT)

Advocate for Legal Aid

Senior Pharmacy Technician

Assistant Curator

Senior Public Cleansing Foreman

Assistant Head, Care Centre

Senior Technical Officer

Assistant Librarian

Sergeant

Chief Marshal

Committee Clerk

Salary Scale 12

Co-operatives Officer

Agricultural Foreman

Economics Officer

Agricultural Officer

Environment Officer

Chief Weigher

Health Promotion Officer

Consul

Information Officer

Customs Officer

Internal Auditor I

Environment Inspector

Junior Engineer

Facilitator

Legal Procurator

Foreman

Principal

Health Inspector

Principal Fisheries Officer

Inspector (Health & Safety)

Scientific Officer

Library Officer

Second Secretary

Midwife

Senior Health Inspector

Museums Officer

Senior Paramedic

Paramedic

Sergeant Major

Probation Officer

Social Worker

Public Cleansing Foreman

Statistician

Quantity Surveyor’s Assistant

Statistics and Research Officer

Senior Care Worker

Trading Standards Officer

Senior Printer

Senior Restorer

Salary Scale 11

Staff Nurse

Assistant Principal

Technical Officer

Assistant Cultural Organiser

Trainee Internal Auditor

Court Recorder in Charge

Veterinary Support Officer

Duty Management Officer

PUBLIC ADMINISTRATION

Salary Scale 13

Salary Scale 16

Assistant Agricultural Foreman

Airfield Operator

Assistant Foreman

Airport Attendant

Assistant Technical Officer

Airport Office Despatcher

Communications Officer

Care Worker

Computer Operator (IT)

Chaplain

ECG Technician

Clerk

Enrolled Nurse

Communicator

Instructor of Braille

Custodian and Guide

Mail Officer

Customs Assistant

Marshal

Guard

Meteorological Assistant

Health Assistant

Officer i/c Minor Staff

Postperson

Pharmacy Technician

Printer

Security Officer

Security Guard

Senior Photographer

Supervisor

Senior Weigher

Tradesman

Warden (Environment)

Salary Scale 14

Weigher

Assistance and Rescue Officer

Assistant Veterinary Support Officer

Other Industrial Grades

Constable

Armourer

Correctional Officer

Art/Graphic Technician

Executive Officer

Bookbinder

Fisheries Officer

Butcher

Library Assistant

Ceramist

Officer in Grade 14

Construction Diver

Restorer

Cook

Senior Clerk

Equipment Cover Manufacturer

Senior Customs Assistant

Farmer

Senior Postperson

Gardener

Senior Technician

Hallmarker of Gold and Silver Articles

Senior Tradesman

Hospital Orderly

Social Support Worker

Jeweller

Marbler

Salary Scale 15

Meter Reader

Kindergarten Assistant

Postmortem and Mortuary Attendant

Nursing Aide

Repairer of Records

Paramedic Aide

Rigger

Photographer

Silversmith

Senior Court Recorder

Timekeeper

Senior Messenger

Technician

Salary Scale 17

Usher

Assistant Care worker

Court Messenger

Court Recorder

PUBLIC ADMINISTRATION

Salary Scale 17 Continued

Industrial Grades Group IV

Ambulance Driver

Barber/Hairdresser

Heavy Plant Driver

Laboratory Operator

Seamstress

Senior Operative

Vulcaniser

Salary Scale 18

Messenger

Ward Clerical Assistant

Industrial Grades Group III

Boiler Attendant

Customs Auxiliary

Dairy Operative II

Deliveryman

Fuel Pump Attendant

Grave Digger

Library Attendant

Lighthouse Keeper

Motor Transport Driver

Operational Support Worker

Operative

Porter

Runway Painter

Quarryman

Stamper

Salary Scale 19

Industrial Grades Group II

General Hand

Health Attendant (Public Cleansing)

Hospital Auxiliary

Seaman II

Warden

Salary Scale 20

Industrial Grades Group I

Charwoman

Health Attendant (Public Convenience)

Labourer

Labourer (ex-Impressed Driver)

Watchman

PUBLIC ADMINISTRATION

(1) Departments, agencies and government entities shall be

governed by the values inherent in the duties listed hereunder, and

public employees shall

(a) exercise any powers vested in them by law, and deliver

services to the public, courteously, expeditiously and

impartially;

(b) provide objective and knowledgeable advice on

matters within their competence;

(c) efficiently and effectively implement the policies of

the government of the day;

(d) contribute towards the co-ordination of Government

policy in conjunction with departments, agencies,

government entities and Local Councils; and

(e) contribute through their own conduct to making their

workplace one which recognises talent, develops skills

and

abilities,

rewards

performance,

avoids

discrimination and offers safety.

(2) Public employees shall uphold and promote the public

service values, and a failure to do so on the part of any public

employee may constitute grounds for disciplinary proceedings

against that employee under applicable rules and procedures.

(3) The Principal Permanent Secretary may issue directives and

guidelines aimed at upholding and better realising the public

service values, and public employees shall comply with such

Amended by

L.N. 522 of 2010;

AGENCIES

L.N. 479 of 2011;

L.N. 324 of 2012;

L.N. 269 of 2013;

L.N. 50 of 2014;

L.N. 68 of 2014;

L.N. 192 of 2014;

L.N. 414 of 2014;

L.N. 2 of 2015;

L.N. 25 of 2015;

L.N. 153 of 2015;

L.N. 41 of 2016;

L.N. 104 of 2016;

L.N. 171 of 2016;

L.N. 340 of 2016;

L.N. 366 of 2016;

L.N. 107 of 2017;

L.N. 149 of 2017;

L.N. 154 of 2017;

L.N. 243 of 2017;

L.N. 96 of 2018;

L.N. 144 of 2018;

L.N. 153 of 2018;

L.N. 286 of 2018;

L.N. 308 of 2018;

XXVIII.2018.42;

L.N. 401 of 2018;

L.N. 4 of 2019.

(Article 36)

Agency

Agency function

Aġenzija SAPPORT

To exercise and execute the functions and duties

previously exercised by the Aġenzija SAPPORT

within the Foundation for Social Welfare Services,

as well as any other matter falling within the ambit

of the support and care of persons with disability

Agency for Infrastructure Malta

To perform any functions however so described

relating to the design, construction, repair,

maintenance and operation of infrastructural

projects including the setup and implementation of

strategies and policies related thereto

Aġenzija Żgħażagħ

To mainstream Youth Policy and to replace the

existing Youth Section in providing Youth

Services by Government

G o v e r n a n c e o f A g r i c u l t u r a l The registration of agricultural bioresources and to

Bioresources Agency

promote governance, management, and utilisation

practices that are tIrkupru echnically and

economically feasible and environmentally sound.

Energy and Water Agency

To execute the functions and duties of the

public administration in matters relating to the

design, implementation and dissemination of

water, conventional energy and alternative

energy policy

E u r o p e a n U n i o n P r o g r a m m e s To promote, implement and manage Erasmus+

Agency

Programme, and other programmes and initiatives of the

European Union

PUBLIC ADMINISTRATION

Identity Malta Agency

To execute the functions and duties of the public

administration in matters relating to passports,

identity documents, work and residence permits

for expatriates, registration of public deeds, acts

of civil status and individual investment

programmes

Institute for Education

To serve as a platform to ascertain, implement

and support Government policy where it

concerns the formation, quality and standards

that promote and develop training and the

building of skills within the grades of educators

and professionals in the education sector and

within European and international dimensions

and to reach all those who are and, or may

become involved in the education sectors and

within a socio-economic context

Land Registration Agency

To execute the functions and duties of the public

administration in matters relating to land

registration and condominium registration

Legal Aid Agency

To be responsible for and to administer provision

of the service of legal aid in all areas where this

is required

Local Enforcement System

To carry out the functions and duties relating

Agency

to the enforcement of any law, regulation or

bye-law, the enforcement of which has been

delegated to regional committees, local

councils or to such other local or regional

authorities as are designated by the Local

Councils Act

Malta Council for Science and

To s u p p o r t t h e G o v e r n m e n t i n t h e

Technology Agency

commercialisation of activities relating to

science, technology, research and innovation

matters

MEUSAC

To engage stakeholders in the EU processes

through consultation, the dissemination of

information and assistance on EU funding

programmes

Malta International Contemporary

To be responsible for strengthening and ensuring

Art Space Agency

the achievement of the highest quality in

contemporary art

Malta Individual Investor

to carry out functions and duties of public

Programme Agency

administration relating to the Individual Investor

Programme of the Government of Malta, as

established by and under the Maltese Citizenship

Act and to cooperate with Identity Malta Agency

in all matters including the setup and

implementation of strategies and policies

Malta Marittima Agency

To c a r r y o u t f u n c t i o n s r e l a t e d t o t h e

promotion, development and growth of the

maritime sector

PUBLIC ADMINISTRATION

Malta Residence Visa Agency

to execute the functions and duties of the public

administration in matters relating to issuing of

residence visas by investment and other

administrative matters related to individuals

wishing to stay or settle indefinitely in Malta or

Gozo visas

Management Efficiency Unit

To support public sector change initiatives

through the provision of consultancy advice

National Aerospace Centre

To develop, research, enhance the aerospace

industry and related policy, including the

launching and management of relevant programs

and projects

National Development and Social

To implement the functions of the National

Fund Agency

Development and Social Fund established under

the Individual Investor Programme of the

Republic of Malta Regulations (S.L. 188.03).

National Literacy Agency

To support the Government in matters relating

to literacy

Office of the Attorney General

To support the Attorney General in his role as

chief legal adviser to the Government and

chief prosecuting officer

Public Administration - Human

To achieve the retraining and re-skilling needs of

Resource Development Unit

public employees

Resource, Recovery and

To execute the functions and duties relating to

Recycling Agency

circular economy

Servizzi.gov Agency

To carry out functions related to the provision

of access to as many as possible of

Government services to service users, in

partnership with the responsible Departments

and Government entities, through the

Servizz.gov regional-based hubs, multi-

channel, one-stop service

The Registry of Companies

To function as a public registry for commercial

Agency

partnerships and to execute those functions and

duties relating to the registration of such

commercial partnerships.

ŻFIN Malta

To execute the functions and duties under

regulation 3 of the ŻFIN Malta Regulations,

S.L. 444. 04.

(1) The Code of Ethics set out in the First Schedule shall

apply to public employees.

(2) The Prime Minister may from time to time, by Order in the

Gazette, amend or substitute the First Schedule.

(3) It shall be the duty of all public employees to comply with

the Code of Ethics, and failure to do so on the part of any public

employee may constitute grounds for disciplinary proceedings

against that employee under applicable rules and procedures.

PUBLIC ADMINISTRATION

(4) The Principal Permanent Secretary may issue directives and

guidelines aimed at upholding and ensuring compliance with the

Code of Ethics and, with the concurrence of the Minister

responsible for the particular board or commission, he may also

issue such guidelines with respect to boards and commissions.

(5) The head of a department, agency or government entity

may, with the approval of the Principal Permanent Secretary, make

rules of ethical conduct, complementary and in addition to the

Code of Ethics, relating to the circumstances particular to that

organisation, and the term Code of Ethics in relation to public

employees in that organisation shall include such rules.

PART II

THE PUBLIC SERVICE

Title 1 - Organisation

Added by

II. 2018.3.

(Article 48B)

Amended by

L.N. 356 of 2018.

FIRST PART

PUBLIC ADMINISTRATION

Ambassadors, High Commissioners or principal representatives of Malta to countries

where they are appointed as resident Ambassadors, High Commissioners or principal

representatives.

SECOND PART

The Governor of the Central Bank of Malta

The Chairman of the Malta Financial Services Authority

The Regulator for Energy and Water Services

The Chairperson of the Authority for Transport in Malta

The Chairman of the Malta Communications Authority

The Chairman of the Gaming Authority

The Chairperson of the Planning Board of the Planning Authority

The Chairperson of the Environment and Resources Authority

The Commissioner for Voluntary Organisations

The Chairperson of the Lands Authority

The Chairman of the Malta Competition and Consumer Affairs Authority

The Chief Executive Officer of the Medicines Authority

The Chairperson of the Malta Tourism Authority

The Chairman of the National Commission for Further and Higher Education

The Chairman of the Financial Intelligence Analysis Unit

The Chairman of the Malta Digital Innovation Authority

The list of offices established above shall be deemed to include any other office in

which all the legal functions of the offices above-mentioned shall be vested from

time to time both if in the same entity and if in another entity, except for a

Government Department, which may be established from time to time to fulfil the

said legal functions.".

THIRD PART

Form of Advice to be given by the

Standing Committee on Public Appointments

"Minister,

The Standing Committee on Public Appointments has organized a pre-appointment

hearing in respect of the proposed appointment of .................................................... as

PUBLIC ADMINISTRATION

................................................... of ................................................ and after having

considered the results of the pre-appointment hearing has decided to advise in favour/

against the proposed appointment.

Chairperson

Standing Committee on Public Appointments".

(1) Where a Minister is assigned responsibility for any

department of Government in terms of article 82 of the

Constitution, that Minister shall, in line with article 92 of the

Constitution, and without prejudice to article 6 of the Interpretation

Act, have the general direction and control of all departments,

agencies and government entities that may be placed under his

responsibility and may give directions directly to the head of the

department, Chief Executive Officer, Board of Directors or any

other employee falling within his responsibilities, on any matter,

except matters where the head of department, Chief Executive

Officer, Board of Directors or other employee is required by any

law to act -

(a) independently; or

(b) in accordance with the direction of a person or

authority other than the Minister

Provided that where a Permanent Secretary has been

appointed to supervise the relative department, agency or

government entity the Minister shall inform the Permanent

Secretary that he has given such directions.

(2) A Minister may be assigned responsibility for any

department, agency or government entity including those listed in

Part II of the Second Schedule.

(3) The staff assigned to the secretariat of a Minister, including

advisors or consultants to the Minister, shall be deemed to be

occupying positions of special trust and shall, even if they are

public officers assigned on transfer, be appointed thereto on the

basis of a definite contract

Provided that on the expiration or termination of the

contract, the directives and guidelines mentioned in subarticle (4)

shall apply.

(4) The Prime Minister may issue directives and guidelines

concerning the functions, administration and establishment of

Ministers’ secretariats, the engagement of staff thereto, and the

terms and conditions under which such staff shall serve.

PUBLIC ADMINISTRATION

(5) Save as may otherwise be provided for by the Prime

Minister’s directives, a Minister’s secretariat shall be under the

supervision of a member of staff designated as Head of Secretariat

who shall report to the Minister.

(6) The provisions of subarticles (3), (4) and (5) shall apply

mutatis mutandis to the secretariat of a Parliamentary Secretary.

(1) A ministry shall be constituted as a distinct

organisation in its own right under every Minister who is assigned

portfolio responsibilities in accordance with article 82 of the

Constitution, and the ministry shall consist of

(a) the Minister’s secretariat;

(b) the secretariats of such Parliamentary Secretaries as

may be appointed to assist the Minister;

(c) the office of the Permanent Secretary; and

(d) such other divisions, directorates, sections, offices or

other units within the public service as may be placed

or established within the Ministry by the Prime

Minister.

(2) Where more than one Permanent Secretary reports to the

same Minister (other than temporarily due to arrangements made

under articles 83 or 84 of the Constitution), the scope of

responsibilities of each Permanent Secretary shall be delineated by

the Prime Minister.

(1) Departments of Government shall be those listed in the

Second Schedule.

(2) The functions of departments shall be in accordance with

the indicative summaries shown against the respective departments

in the Second Schedule.

(3) The Prime Minister may, by Order in the Gazette, amend

the Second Schedule to

(a) establish a new department;

(b) abolish a department or change its name or function;

and

(c) change the titles of heads of department and other

officers as provided for in article 10.

(4) Departments which, by virtue of any applicable laws or

special administrative arrangements, are not subject to the direction

and control of a Minister in the performance of their main functions

shall be listed in Part II of the Second Schedule, but the

applicability of any such law to such a department shall not depend

on its listing in the Schedule.

(1) There shall be a Senior Appointments Advisory

Committee, hereinafter referred to as the Committee, that shall

(a) consult the relevant Minister about the duties attached

to and the results expected from any headship position

that is vacant or expected to become vacant;

PUBLIC ADMINISTRATION

(b) identify candidates for the position in accordance with

article 21(2), within the parameters set by the

Constitution; and

(c) give due account about the candidates and propose for

the Prime Minister’s consideration the candidate who

in its opinion is best suited on the basis of merit to fill

the position.

(2) The Committee shall be chaired ex officio by the Principal

Permanent Secretary and shall consist of

(a) at least two other members, one of whom shall not be a

public officer, who shall be appointed by the Prime

Minister; and

(b) any additional members co-opted by the Prime

Minister for the purpose of considering applicants for

specific headship positions.

(3) The Committee shall call upon the advice and assistance of

Permanent Secretaries in screening or short-listing candidates but

shall otherwise regulate its own procedure.

(4) No person may be appointed to a headship position to

which article 92(4) of the Constitution applies unless

(a) that person is eligible therefore by virtue of the grade

which he holds; or

(b) that person has served for six consecutive years in one

or more positions in the Senior Executive Service.

(1) The Prime Minister may from time to time determine

the position titles under which heads of department shall be

appointed, and such titles shall, by order of the Prime Minister

published in the Government Gazette, be listed next to the names of

the departments in the Second Schedule

Provided that the re-designation of a position while it is

occupied shall not be taken as a re-appointment of the incumbent or

a change to the terms of his appointment.

(2) The assignment by the Prime Minister of similar position

titles to different headship positions shall not mean that such

positions should necessarily attract the same status and terms and

conditions.

(3) Where, in accordance with the provisions of this Act, a

headship position, or any other office in the public service, that has

been established or is assigned functions by another Act -

(a) is assigned a new title; or

(b) is merged with another public office as a result of

organisational restructuring;

the title assigned to the office by the other Act (hereafter in this

article referred to as the "equivalent title at law") shall be listed in

the Second Schedule along with the new title of the office or the

office with which it has been merged in terms of paragraph (a) or

(b) as the case may be, and subarticles (4) and (5) shall apply.

PUBLIC ADMINISTRATION

(4) Where any office in the public service is listed in the

Second Schedule along with an equivalent title at law -

(a) the powers assigned to the office under its equivalent

title at law shall vest in the holder of the office as

currently titled; and

(b) both titles shall be regarded as interchangeable for the

purpose of any law and a reference to one title in place

of another shall not invalidate any act or any legal

proceedings.

(5)

Where any law -

(a) assigns, or permits the assignment of, functions to

staff acting on behalf of the holder of a public office;

and

(b) that office is listed in the Second Schedule as the

equivalent title at law of a second office;

such functions may be performed by staff in the department to

which the second office belongs, notwithstanding anything to the

contrary in the said law; but any conditions or requirements

attached by the law to the performance of such functions shall

otherwise continue to apply.

(6) If a public office has more than one equivalent title at law,

sub-articles (4) and (5) shall apply in respect of each such title.

The Permanent Secretary with respect to the head of any

department listed in the Second Schedule and the head of

department with respect to a member of staff as the case may be,

shall ensure that the most suitable officer as the case may be, and

due account being taken of seniority and technical abilities, is

nominated for the purposes of article 124(5) of the Constitution

with the aim of exercising any powers as are vested by any law if

the head or other member of staff is absent from his office and

temporarily unable to discharge his duties so that such powers shall

be exercised during the period of the officer’s absence.

(1) Unless otherwise provided for in any other law, where

a board is supported by a secretariat consisting of public officers

drawn from a department, the board, limitedly in relation to

administrative matters and matters affecting the department as a

whole, shall be subject to the authority of the head of department.

(2) The secretariat of the board shall be under the direction of

an officer, hereinafter referred to in this article as "the designated

officer", who shall follow the directions of the head of department

within which the board secretariat operates on the matters

mentioned in sub-article (1).

(3) A head of department shall not give directions to the board

or the designated officer on matters in respect of which the board is

required by law to function independently.

(4) In this article "board" includes any commission, council,

p a n e l , c o m m i t t e e o r o t h e r s i m i l a r b o d y, n o t b e i n g a b o d y

established by the Constitution, but does not include any ad hoc

board set up for the purpose of inquiring into the conduct of any

PUBLIC ADMINISTRATION

public employee or the operations of any department, agency,

entity or such other similar body.

Title 2 - Leadership

(1) There shall be a Principal Permanent Secretary who

shall be head of the public service and who shall be appointed in

terms of article 14.

(2) The Principal Permanent Secretary shall take instructions

from the Prime Minister.

(3) The Principal Permanent Secretary may, with the

concurrence of the Prime Minister, delegate any of his functions

under this article to one or more Permanent Secretaries or heads of

department.

(4)

The Principal Permanent Secretary shall

(a) provide leadership to the public service;

(b) uphold and promote the public administration values

and the Code of Ethics, and monitor the compliance of

public employees therewith;

(c) take measures to improve the performance of the

public service;

(d) assume overall responsibility for human resource

management and development within the public

service;

(e) take measures to ensure coordination between

departments, agencies, government entities and Local

Councils and to ensure that agencies and government

entities are complying with the key policy objectives

and management priorities of the Government;

(f) provide leadership and direction to Permanent

Secretaries;

(g) set performance targets for Permanent Secretaries and

monitor their performance following consultation with

the relative Minister;

(h) advise the Prime Minister on matters relating to the

public service and the wider public sector, including

the appointment and termination of appointment of

Permanent Secretaries and heads of department; and

(i) perform any other function that may be assigned to

him by or under any law.

(5) The Principal Permanent Secretary shall assume the

headship and supervisory functions of a Permanent Secretary in

relation to the Office of the Prime Minister and the departments,

agencies and government entities under the Prime Minister ’s

responsibility

Provided that one or more additional Permanent Secretaries

may be appointed to assist the Principal Permanent Secretary in

accordance with such arrangements as the Prime Minister may

make under article 7(2).

PUBLIC ADMINISTRATION

(1) The Principal Permanent Secretary shall be appointed

from amongst persons having the qualifications to be appointed

Permanent Secretaries in terms of the Constitution.

(2) Where the Principal Permanent Secretary is not appointed

for any reason whatsoever, the Secretary to the Cabinet shall

assume the functions of Principal Permanent Secretary until such

time as a Principal Permanent Secretary is appointed.

(1) The Principal Permanent Secretary may issue

directives and guidelines as variously specified in this Act and may

in addition issue directives and guidelines on any matter relating to

the organisation and management of the public service, and in so

doing he shall seek to frame his directives in the best interests of

the consumer and in such a manner as to impose the least possible

administrative burden.

(2) Public officers shall comply with all applicable directives

issued by the Principal Permanent Secretary, and officers who fail

to comply shall be liable to proceedings under the Disciplinary

Regulations.

(3) Directives issued by the Principal Permanent Secretary may

incorporate guidelines to assist public officers in correctly applying

and observing the directives, and public officers shall accordingly

have regard to such guidelines.

(4) Directives and guidelines issued by the Principal

Permanent Secretary may apply for a definite or an indefinite

period and to any or all departments and public officers, according

to the nature of the provisions contained therein or as specified by

the Principal Permanent Secretary.

(5) The Principal Permanent Secretary may codify standing

directives and guidelines, together with any amendments that he

may make thereto from time to time, in the form of the Public

Service Management Code or other manuals on specific matters

which he may issue for this purpose.

(6) The Prime Minister may give directions to the Principal

Permanent Secretary concerning the issue, amendment or

revocation of any directives and guidelines.

(1) There shall be a Committee of Permanent Secretaries

which shall be chaired by the Principal Permanent Secretary, and

which shall consist of the Secretary to the Cabinet as deputy

chairperson and all Permanent Secretaries as members.

(2) The Permanent Secretaries shall fulfil their collegiate

responsibility for the performance of the public service, facilitate

the realisation of Government policies and ensure the achievement

of Government objectives that cut across ministries through the

Committee of Permanent Secretaries.

(3) The meetings of the Committee of Permanent Secretaries

shall be convened by the Principal Permanent Secretary as often as

he may deem necessary but at least once every three months.

(4)

This article shall apply without prejudice to the individual

PUBLIC ADMINISTRATION

responsibility of Permanent Secretaries to their Ministers, and to

the Prime Minister through the Principal Permanent Secretary, for

the achievement of Government objectives.

(1) Where, in accordance with article 92(2) of the

C o n s t i t u t i o n , a P e r m a n e n t S e c r e t a r y i s c h a rg e d w i t h t h e

supervision of one or more of the departments of Government that

are listed in Part I of the Second Schedule, he shall ensure that each

department is

(a) working towards the timely and effective fulfilment, in

conjunction with other government organisations as

appropriate, of his Minister’s and the Government’s

policy objectives;

(b) being managed according to law, the public service

values, the Code of Ethics, and applicable policies and

directives governing staff conduct, management and

the use of resources; and

(c) operating economically, efficiently and effectively and

delivering any services to the public to a satisfactory

standard.

(2) A Permanent Secretary shall advise his Minister on all

matters pertaining to the departments under his supervision.

(3) A Permanent Secretary may give directions to and set

targets for a head of department on any matter in fulfilment of his

duties under subarticle (1), and he shall monitor and assess the

head of department’s performance in relation to such directions and

targets

Provided that a Permanent Secretary may not give

directions to or set targets for a head of department on matters

where the head is required by any law to act independently or in

accordance with the direction of a person or authority other than a

Minister.

(4) A Permanent Secretary may, with the concurrence of the

Prime Minister, exercise his powers of supervision of a department

of government through another public officer of suitable seniority.

(5) A Permanent Secretary shall be answerable to his Minister

and, through the Principal Permanent Secretary, to the Prime

Minister for the performance of the departments under his

supervision notwithstanding any arrangements that may be in effect

under subarticle (4).

(6) Where a Permanent Secretary is charged with the

supervision of one or more of the departments listed in Part II of

the Second Schedule, this article shall apply subject to the

following limitations

(a) subarticles (1)(a) and (2) shall not apply; and

(b) subarticle (5) shall apply only as may be compatible

with paragraph (a).

(1) Besides any other duties that may be assigned or

delegated to him by or under any law, it shall be the duty of a head

PUBLIC ADMINISTRATION

of department -

(a) to manage the activities and programmes of the

department efficiently, effectively and economically;

(b) to ensure that the department achieves a satisfactory

standard in the delivery of any services to the public

and the business community with the least possible

bureaucratic processes;

(c) to tender advice to the relative Minister through the

Permanent Secretary and to other authorities as

appropriate on matters within the department’s

competence;

(d) to establish performance indicators covering the

programmes and activities of the department, and to

set performance targets for public officers serving in

the department; and

(e) to coordinate the activities of the department with

those of other government organisations in the best

interests of efficiency, effectiveness and service

quality.

(2) The head of a department that is listed in Part I of the

Second Schedule shall answer to his Minister through the

Permanent Secretary and shall discharge his duties under subarticle

(1) in accordance with their lawful directions.

(3) The head of a department that is listed in Part II of the

Second Schedule shall discharge his duties under subarticle (1) in

accordance with the laws governing his department and any special

administrative arrangements that may apply thereto.

(1) There shall be a Senior Executive Service which shall

be headed by the Principal Permanent Secretary and shall consist

(a) Permanent Secretaries;

(b) heads of the departments listed in the Second

Schedule;

(c) senior public officers within each ministry who have

been charged with primary responsibility for any of the

following or similar functions

(i) the management of corporate services;

(ii) policy development;

(iii) the application of indicators of efficiency;

(iv) the co-ordination of European Union affairs; and

(v) information management; and

(d) the holders of such other senior public offices as the

Prime Minister may designate for this purpose.

(2) Officers in a ministry or department who are members of

the Senior Executive Service shall constitute the senior

management team of that ministry or department, and in relation

thereto they shall, without prejudice to the authority of the head of

PUBLIC ADMINISTRATION

the department or ministry, be collectively responsible for

(a) promoting and upholding the public administration

values, the Code of Ethics, and applicable policies and

directives governing staff conduct, management and

the use of resources;

(b) achieving satisfactory levels of efficiency and quality

in the delivery of any public services; and

(c) achieving Government objectives, in coordination as

necessary with other units, departments, agencies and

government entities.

(3) A member of the Senior Executive Service shall be

individually responsible in relation to his area of responsibility for

the matters listed in subarticle (2); and he shall be liable to

proceedings under the Disciplinary Regulations if he fails to

prevent or correct misconduct or negligence on the part of his

subordinates where he could reasonably have taken steps to do so.

(4) Offices within the Senior Executive Service may be

established, abolished or retitled only by the Prime Minister, who

may prescribe the terms on which appointments to such offices

shall be made

Provided that this subarticle shall not be read as conferring

power to change the terms of an officer’s appointment during the

course of that appointment

Provided further that an office may be abolished only if any

of the conditions listed under article 23(4) applies.

(5) The Prime Minister may delegate his powers under

subarticles (1)(d) and (4) to the Principal Permanent Secretary or to

other senior public officers in such respects, and under such

conditions, as he may prescribe.

Title 3 - Public officers

(1) A public officer may be assigned to a post in any

department in the public service which involves performance of the

duties of his grade or position, and he may also be transferred to

such a post in any other department.

(2) Such initial assignment or transfer may be made by the

Principal Permanent Secretary or by any other public officer

delegated by him for the purpose.

* (1) Except as otherwise provided for in this or any other

Act, appointments to public offices shall be made by competitive

selection on merit.

(2) For the purpose of this article, competitive selection on

merit means the selection of the candidate best suited for the office

on the basis of an assessment of eligible candidates’ individual and

relative merits against the requirements of that office.

*this article is not yet in force.

PUBLIC ADMINISTRATION

* Subject to the provisions of the Constitution, articles 181B

and 469A of the Code of Organization and Civil Procedure, this

Act, and the Public Service Management Code, a head of

department shall exercise in relation to public officers in his

department all rights, duties and powers of an employer in relation

to his employees.

23.* (1) A head of department may in writing create positions

in his department in accordance with such directives and guidelines

as may be issued in that respect by the Principal Permanent

Secretary.

(2) Positions shall be classified, and the terms and conditions

of service applicable thereto determined, in accordance with such

directives and guidelines on classification as may be issued by the

Principal Permanent Secretary with the approval of the Prime

Minister.

(3) A head of department may retitle a position in his

department and alter the duties attached to it, and if necessary the

position shall be reclassified in accordance with subarticle (2)

Provided that this subarticle shall not be read as conferring

power to change the terms of an officer’s appointment during the

course of that appointment.

(4) A head of department may abolish a position in his

department only in the following cases

(a) where a position has been filled through a contract of

service for a fixed term or for the duration of a

specified task, on the conclusion of that term or task;

or

(b) if the position is vacant; or

(c) if the position is no longer needed by the department.

(5) No person in any position may be paid a remuneration

which is less than that applicable to his grade.

24.* (1) A head of department may appoint a person to fill a

position in a department under his charge in accordance with such

directives and guidelines as may be issued by the Principal

Permanent Secretary in relation thereto.

(2) Appointments to positions shall be made in the manner

prescribed under articles 110 and 121(1) of the Constitution and in

accordance with article 21, and before making an appointment to a

position a head of department shall -

(a) advertise the position in such a manner as to allow

eligible persons a reasonable opportunity to apply for

the position; and

(b) appoint a selection panel to examine applicants and to

make recommendations based on the criteria set out in

article 21.

(3)

Any person appointed to a position in terms of this article

*this article is not yet in force.

PUBLIC ADMINISTRATION

shall, for the duration of his appointment, be considered a public

officer and shall have all the rights, powers and duties pertaining

thereto under this law and any applicable law, even if he does not

hold a grade.

(4) A head of department may make an appointment to a

position for a fixed term or for the duration of a specified task.

(5) An appointment for a fixed term may, subject to the

provisions of any other law, be extended for one further term

without recourse to a fresh call for applications.

(6) The Principal Permanent Secretary may issue directives and

guidelines on matters of employment including but not limited to

(a) the definition of eligibility requirements for positions;

and

(b) the conditions under which heads may make

appointments;

so however that where the tasks that are to be carried out are

intermittent or not on a regular basis, they shall be commissioned

though a contract for service.

(7) The Principal Permanent Secretary shall consult with the

Public Service Commission before issuing directives and

guidelines under this article, and in so far as such directives and

guidelines deal with matters falling within the scope of article

110(1) of the Constitution they may only be issued with the

agreement of the Public Service Commission.

* (1) Kap ta’ dipartiment jista’ bil-miktub joħloq

pożizzjonijiet fid-dipartiment tiegħu skont dawk id-direttivi u linji

g w i d a l i j i s t g ħ u j i n ħ a r ġ u f ’ d a n i r- r i g w a r d m i s - S e g r e t a r j u

Permanenti Ewlieni.

(2) Pożizzjonijiet għandhom jiġu klassifikati, u l-pattijiet u l-

kondizzjonijiet ta’ servizz applikabbli għalihom għandhom jiġu

deċiżi, skont dawk id-direttivi u linji gwida dwar klassifikazzjoni li

jistgħu jinħarġu mis-Segretarju Permanenti Ewlieni, bl-

approvazzjoni tal-Prim Ministru.

(3) Kap ta’ dipartiment jista’ jagħti titolu mill-ġdid lil

pożizzjoni fid-dipartiment tiegħu u jibdel id-dmirijiet marbutin

magħha, u jekk meħtieġ il-pożizzjoni tista’ tkun klassifikata mill-

ġdid skont is-subartikolu (2)

Iżda dan is-subartikolu ma għandux jinftiehem li jagħti s-

setgħa li jinbidlu l-pattijiet tal-ħatra ta’ uffiċjal waqt li dik il-ħatra

tkun għadha fis-seħħ.

(4) Kap ta’ dipartiment jista’ jneħħi pożizzjoni fid-dipartiment

tiegħu fil-każijiet li ġejjin

(a) fil-każ li pożizzjoni tkun imtliet permezz ta’ kuntratt

ta’ servizz għal terminu ta’ żmien fiss jew sakemm

tintemm biċċa xogħol speċifika, meta jgħaddi dak iż-

żmien jew tispiċċa dik il-biċċa xogħol; jew

(b) jekk il-pożizzjoni tkun vakanti; jew

(ċ) jekk id-dipartiment ma jibqax jeħtieġ dik il-pożizzjoni.

(5) Ebda persuna f’xi pożizzjoni ma tista’ titħallas

rimunerazzjoni li tkun inqas minn dik applikabbli għall-grad

tagħha.

24.* (1) Kap ta’ dipartiment jista’ jaħtar persuna biex timla

pożizzjoni f’dipartiment taħt ir-responsabbiltà tiegħu skont dawk

id-direttivi u linji gwida li jistgħu jinħarġu mis-Segretarju

Permanenti Ewlieni f’dan ir-rigward.

(2) Ħatriet f’pożizzjonijiet għandhom isiru bil-mod preskritt

taħt l-artikoli 110 u 121(1) tal-Kostituzzjoni u skont l-artikolu 21

ta’ dan l-Att, u qabel ma jagħmel ħatra f ’pożizzjoni kap ta’

dipartiment għandu -

(a) jirreklama l-pożizzjoni b’mod li jiżgura li persuni

eliġibbli jkollhom opportunità xierqa biex japplikaw

għall-pożizzjoni; u

(b) jaħtar bord ta’ għażla biex jeżamina lill-applikanti u

biex jagħmel ir-rakkomandazzjonijiet bażati fuq il-

*dan l-artikolu għadu mhux fis-seħħ.

AMMINISTRAZZJONI PUBBLIKA

kriterji msemmija fl-artikolu 21.

(3) Kull persuna maħtura f’pożizzjoni skont dan l-artikolu

għandha, matul il-ħatra tagħha, titqies bħala uffiċjal pubbliku u

jkollha d-drittijiet, is-setgħat u d-dmirijiet kollha ta’ uffiċjal

pubbliku taħt din il-liġi u kull liġi applikabbli, ukoll jekk ma

jkollhiex grad.

(4) Kap ta’ dipartiment jista’ jagħmel ħatra f’pożizzjoni għal

żmien definit jew għal biċċa xogħol speċifika.

(5) Ħatra għal żmien definit tista’, bla ħsara għad-

disposizzjonijiet ta’ xi liġi oħra, tkun imtawla darba għal perjodu

simili mingħajr ma toħroġ sejħa ġdida għall-applikazzjonijiet.

(6) Is-Segretarju Permanenti Ewlieni jista’ joħroġ direttivi u

linji gwida fuq ħwejjeġ li għandhom x’jaqsmu mal-impiegi

magħduda, iżda mhux limitati għal

(a) l-irbit ta’ ħtiġiet ta’ eliġibbiltà ma’ pożizzjonijiet; u

(b) il-kondizzjonijiet li taħthom kapijiet jistgħu jagħmlu

ħatriet;

hekk iżda li fejn ix-xogħol li għandu jsir hu ta’ natura intermittenti

jew mhux fuq bażi regolari, għandu jiġi kkummissjonat permezz ta’

kuntratt għal servizz.

(7) Is-Segretarju Permanenti Ewlieni għandu jikkonsulta mal-

Kummissjoni dwar is-Servizz Pubbliku qabel ma joħroġ direttivi u

linji gwida taħt dan l-artikolu, u safejn dawk id-direttivi u linji

gwida jittrattaw dwar ħwejjeġ li huma koperti mill-artikolu 110(1)

tal-Kostituzzjoni, jistgħu jinħarġu biss bi ftehim mal-Kummissjoni

dwar is-Servizz Pubbliku.

* (1) A head of department may opt to fill a position

through the appointment of a public officer who holds a grade or

position at a level comparable to the vacant position, such that the

officer so appointed shall not obtain better terms and conditions,

including salary, than those pertaining to his grade or to his

previous position solely by virtue of this lateral appointment.

(2) Where a position is filled in terms of subarticle (1), a

competitive selection need not be carried out and in this respect

article 21 shall not apply to appointments made in accordance with

this article.

26.* (1) A public officer may not be removed from a position

except in the following cases

(a) as a sanction in accordance with the Disciplinary

Regulations; or

(b) at the end of the term for which the appointment to the

position was made; or

(c) where the position is abolished.

(2) Where a public officer in a grade has been appointed to a

position in accordance with the provisions of this Act, he shall

retain his grade and shall, on the expiry or termination of his

appointment to the position, be assigned work in his grade, unless

*this article is not yet in force.

PUBLIC ADMINISTRATION

his appointment to the grade has also been terminated or he is

declared surplus to requirements in terms of article 28.

(1) The grades to which public officers may be appointed

shall be those listed in the Third Schedule.

(2) The Minister responsible for the public administration may,

by Order in the Gazette, add new grades to the Third Schedule and

abolish or retitle any of the grades listed therein.

(3) The Minister responsible for the public administration

shall, after informing the Public Service Commission, establish the

eligibility requirements for appointments to each grade including,

where applicable, rules of progression.

(4) The Minister responsible for the public administration may

delegate his powers under this article to the Principal Permanent

Secretary or to other senior public officers in such respects, and

under such conditions, as he may prescribe.

(5) Whenever the terms and conditions of a public officer’s

appointment are in conflict with the Third Schedule, such terms

and conditions shall prevail.

(6) Appointments to grades shall be made in the manner

prescribed under articles 110 and 121(1) of the Constitution and

based on the eligibility requirements prescribed under subarticle

(3), and except as otherwise provided by the foregoing, in

accordance with article 21.

* (1) In this article "Surplus Pool" means those public

officers who are assigned thereto as provided by subarticle (2)

because they are surplus to requirements, that is

(a) they are not needed in their current posts and cannot

be transferred or laterally appointed to other duties

within their respective department; and

(b) they cannot be transferred to another department in

terms of article 20.

(2) The Principal Permanent Secretary may by direction in

writing assign a public officer who is surplus to requirements to the

Surplus Pool, concurrently -

(a) assigning the said officer such duties in any

department as the Principal Permanent Secretary may

deem appropriate in view of the officer’s skills and

abilities; or

(b) assigning such officer for retraining in a

specialisation, skill or profession in which the public

service has a shortage of staff.

(3) A public officer in a substantive grade who is assigned to

the Surplus Pool shall retain his substantive grade.

(4) An officer who has been retrained to a satisfactory standard

in terms of subarticle (2)(b) may be withdrawn from the Surplus

*this article is not yet in force.

PUBLIC ADMINISTRATION

Pool and appointed by the Principal Permanent Secretary to a grade

or position appropriate to the officer’s new skills provided that in

the case of such appointments the provisions of article 21 need not

be applied.

(5) The duration of the assignment under subarticle (2) shall be

determined by the Principal Permanent Secretary.

* Articles 21 to 26 inclusive and 28 shall have effect subject

to there being an instrument of delegation in force under article 110

of the Constitution, and they shall cease to have effect to the extent

that such delegation is withdrawn, suspended or derogated from by

amendment, until such time as the instrument is restored.

30.* Once the relative articles are brought into force in terms of

article 1(2), the Public Service Commission shall, acting in

accordance with article 121(1) of the Constitution, extend to the

public service any or all of the provisions of articles 33 and 34,

assuming directly in respect of the public service the powers

therein assigned to the Merit Protection Commission

Provided that the restrictions applying to the Merit

Protection Commission concerning matters under the jurisdiction

of the Industrial Tribunal shall not apply to the Public Service

Commission acting in relation to the public service and public

officers.

31.* (1) The Public Service Commission shall ensure, in so far

as its powers under articles 33 and 34 (as extended to the public

service under article 30) permit, that no public officer is victimised

for making any report to his superior, to the Commission or to

another relevant authority about any breach of the Code of Ethics

or of any other provision of this or any other Act.

(2) Where the Public Service Commission finds that a public

officer has been victimised as aforesaid in a manner that it is unable

to prevent or redress, it shall make a report to the Prime Minister or

to other authorities recommending such measures to redress the

situation as it considers appropriate.

PART III

MERIT PROTECTION COMMISSION, AGENCIES

AND GOVERNMENT ENTITIES

Title 1 - The Merit Protection Commission

32.* In addition to its functions under any other law the Public

Service Commission shall act as a Merit Protection Commission (in

this Title referred to as the "Commission") for the purposes of this

Act.

33.* (1) Subject to subarticle (3), the functions of the

Commission shall be

(a) to audit the appointment of employees of government

agencies and government entities to verify that these

*this article is not yet in force.

PUBLIC ADMINISTRATION

are made in accordance with article 21;

(b) to monitor and suggest amendments to directives and

guidelines on employment matters issued by the

Principal Permanent Secretary in relation to agencies

and government entities, as well as the application of

such directives and guidelines; and

(c) unless otherwise catered for in the legislation, Order

or instrument setting up the government entity, agency,

board or commission or any other similar organisation

or body, to inquire into reports that the directives

issued by the Principal Permanent Secretary have not

been adhered to.

(2) In performing its functions in virtue of subarticle (1)(a) the

Commission shall operate through after-the-event scrutiny and

shall not subject any agency or government entity to any

requirement to obtain the Commission’s clearance or approval in

advance of making appointments or taking decisions, except as a

temporary measure in cases where the Commission -

(a) finds that the provisions of this Act have been, or are

likely to be, breached; and

(b) is of the view that such a measure is necessary to

prevent further breaches of this Act until such time as

the Commission is able to conclude any investigations

and take corrective measures.

(3) The Commission shall not hear and investigate complaints

on matters which are assigned exclusively by any other law to any

other body or to the jurisdiction of the Industrial Tribunal referred

to in the Employment and Industrial Relations Act, and if any such

complaints are made to the Commission it shall refer the

complainants to the Tribunal; but in relation to such matters the

Commission may -

(a) on its own initiative inquire into and investigate any

cases with respect to which no formal complaints have

been raised; and

(b) follow up a decision or award of the Industrial

Tribunal with a view to taking additional remedial

action under paragraph of subarticle of article 34(4)(c)

and (5).

(4) The Commission shall regulate its own procedure in the

discharge of its functions under this Act.

* (1) For the purposes of its functions under this Act the

Commission may

(a) carry out such inspections and investigations as it may

deem necessary;

(b) summon any person to appear before it and give

evidence on oath;

*this article is not yet in force.

PUBLIC ADMINISTRATION

(c) request in writing the production of information,

documents or files in the custody of any public

employee for the purpose of examining the same or

making copies thereof; and

(d) enter the premises of any agency or government entity,

subject to compliance with any legal requirements

placed by any law on the police for the same purposes.

(2) Article 6 of the Inquiries Act shall apply to the

investigations undertaken by the Commission and any summons or

requests it may make in pursuit thereof.

(3) Without prejudice to subarticles (4) and (5), the

Commission’s findings may be used in evidence in any civil cause

that may be filed by the injured party but, notwithstanding any

other law, the members of the Commission cannot be called to give

evidence.

(4) The Commission shall make a report to the Prime Minister

following every investigation under this Act, and where it finds

that an employment decision has been made otherwise than in

conformity with the provisions of this Act it shall

(a) annul the decision in question;

(b) issue such directives as it may consider necessary to

redress the situation; and

(c) recommend the taking of such disciplinary or criminal

action as it may consider appropriate in the

circumstances.

(5) Without prejudice to any disciplinary or criminal action

that may be taken in accordance with subarticle (4)(c), where an

employee of a government agency or government entity has made

an employment decision that is not in conformity with the

provisions of this Act the Commission may remove the employee

from his position and/or interdict him from appointment or re-

appointment for a maximum period of five years.

(6) Notwithstanding the provisions of any other law, the

decisions taken and directives issued by the Commission under

subarticles (4)( a ) and ( b ) and (5) shall be binding on the

organisation to which they apply, and the board of directors or head

of the organisation as applicable shall ensure that the

Commission’s decisions and directives are complied with.

(7) The Commission shall, as soon as possible after the

conclusion of each year of its activity, make an annual report to the

Prime Minister about its workings during the said year, and the

Prime Minister shall, as soon as possible after he has received the

said report, lay it on the Table of the House of Representatives.

* The provisions of this Title, unless otherwise indicated in

this Act, shall only apply to agencies and government entities.

*this article is not yet in force.

PUBLIC ADMINISTRATION

Title 2 - Agencies

(1) A government agency may be set up by or under any

law or by Order of the Prime Minister in the Gazette.

(2) An Order establishing an agency under this Act shall serve

as the basic charter governing the agency’s operations and it shall

(a) set out the functions and duties of the agency;

(b) specify which Minister is responsible therefor;

(c) prescribe the financial arrangements applying to the

agency in accordance with article 41;

(d) set out any other special arrangements applying to the

agency; and

(e) amend the Fourth Schedule.

(3) All government agencies established in accordance with

subarticle (1) shall be listed in the Fourth Schedule together with

an indicative summary of their functions.

(4)

The Prime Minister may by Order in the Gazette

(a) abolish an agency established by Order under this Act

and listed in the Fourth Schedule; or

(b) amend the functions and duties thereof as well as

amend any other matter provided for in subarticle (2)

Provided that any such Order shall provide for the

necessary amendments to the Fourth Schedule.

(1) A government agency shall be a body corporate having

a separate and distinct legal personality and capable of entering

into contracts, of employing personnel, of acquiring, holding and

disposing of any kind of property for the purposes of its operations,

and of suing and being sued, and to which any function or

operation of Government may be assigned under this or any other

law.

(2) The legal and judicial representation of an agency shall lie

in its Chief Executive Officer or such other officer of the agency as

the Minister responsible for it may from time to time appoint by

notice in the Gazette

Provided that for the purposes of article 181B of the Code

of Organization and Civil Procedure, where such other officer is

duly designated, any reference to the Chief Executive Officer in a

judicial action or act shall automatically apply to the officer so

designated.

(1) Except in so far as expressly precluded by any other

law or any Order establishing an agency under this Act, the

Principal Permanent Secretary may in addition to his powers under

articles 4, 5 and 40 issue directives and guidelines to any or all

government agencies to -

(a) ensure that agencies coordinate their activities with

other agencies, departments, government entities and

Local Councils as applicable;

PUBLIC ADMINISTRATION

(b) put into effect measures to improve the performance of

agencies and the quality of the services they deliver to

the public;

(c) provide for matters relating to employment, including

(i) the redeployment of staff to, from or between

agencies; and

(ii) the application of the merit principle and the

establishment of safeguards in relation thereto;

(d) establish mechanisms for staff classification and the

determination of pay levels; and

(e) put into effect such other policy objectives and

management priorities as the Government may from

time to time set out.

(2) Chief Executive Officers and employees of government

agencies shall comply with all applicable directives issued by the

Principal Permanent Secretary, and failure to comply shall be

grounds for disciplinary proceedings under any applicable

procedures.

(3) The Principal Permanent Secretary shall seek to frame his

directives in the best interests of the consumer and in such a

manner as to impose the least possible administrative burden on

agencies consonant with the achievement of Government

objectives, bearing in mind any directives issued in virtue of article

72 of the Financial Administration and Audit Act.

(4) Article 15(3) to (6) shall apply mutatis mutandis to the

directives issued by the Principal Permanent Secretary under this

article.

(1) Save as otherwise provided in any other law or in any

Order establishing an agency, the Chief Executive Officer of any

agency shall be under the general direction and control of the

Minister responsible for the agency and, subject to such direction

and control, under the supervision of the Permanent Secretary of

that ministry.

(2) Save as aforementioned, where an agency is subject to

supervision by a Permanent Secretary article 17, except for

subarticle (6) thereof, and article 18 shall apply to the agency and

its Chief Executive Officer in the same manner as to departments

and their heads.

(1) A government agency shall enter into an agency

performance agreement with the Permanent Secretary responsible

therefor, or, where a Permanent Secretary is not appointed, with the

relative Minister, and such agreement shall set out the tasks to be

addressed by the agency, the targets it is expected to meet, and the

funds available to it.

(2) An agency performance agreement shall cover a period of

one year to three years and shall be renewable in accordance with

such directives and guidelines as the Principal Permanent Secretary

may issue governing the development of agency performance

agreements.

PUBLIC ADMINISTRATION

(1) The Prime Minister shall, in consultation with the

Minister responsible for finance, decide on the manner in which an

agency should be financed and whether and to what extent the

provisions of the Financial Administration and Audit Act shall

apply to the agency.

(2)

The following provisions shall apply

(a) heads of agency shall keep proper books of accounts in

such a manner as the Minister responsible for finance

may from time to time direct;

(b) such accounts shall be subject to audit by an auditor

appointed for the purpose by the head of each agency

with the concurrence of the Minister responsible for

finance and shall moreover be subject to scrutiny by

the Financial Management Monitoring Unit, and audit

by the Internal Audit and Investigations Directorate

and the Auditor General as the case may be;

(c) not later than six weeks after the end of each financial

year, the head of each agency shall present to his

Minister through the relative Permanent Secretary an

audited statement of accounts together with a report on

the workings of the agency which shall state the

manner in which the agency has operated to fulfil its

functions and its plans for the future; and

(d) this report shall be laid before the House by the

Minister responsible for the agency not later than six

weeks after its receipt or, where the House is not in

session, not later than the second week after the House

resumes its sittings.

(1) The Minister responsible for an agency may establish

an advisory board to assist the Chief Executive Officer in the

discharge of his duties.

(2) An advisory board established under this article shall be

chaired by the Chief Executive Officer and shall consist of not less

than two and not more than four members appointed by the

Minister responsible for the agency.

(3) The remuneration paid to members of an agency advisory

board shall be in accordance with any directives and guidelines

issued by the Principal Permanent Secretary in relation thereto.

The Principal Permanent Secretary may, following the

direction of the Prime Minister, detail or revoke the detailing of a

public officer for duty with an agency for such a term and under

such conditions as he may prescribe.

(1) Where a public officer is detailed for duty with an

agency such officer shall, during the time in which such direction is

in force, be under the administrative direction and control of the

head of the agency, but shall otherwise remain and retain all rights

and duties as a public officer, and for the purpose of any law

relating to government service pensions, service with any such

agency shall be deemed to be service with the Government

PUBLIC ADMINISTRATION

Provided that in assessing the pensionable emoluments of

such officer for the purposes of any law relating to government

service pensions, no account shall be taken of any allowances,

bonuses or gratuities paid to such officer by the agency in excess of

what he is entitled to as a public officer

Provided further that during the time in respect of which he

is so detailed to perform duties with the agency his terms and

conditions of service shall not be less favourable than those which

are attached to his appointment with the Government during the

period aforesaid. Such terms and conditions shall not be deemed to

be less favourable because they are not in all respects identical or

superior to those enjoyed by the officer concerned at the date of

such detailing, if in the opinion of the Prime Minister such terms

and conditions, taken as a whole, offer substantially equivalent or

greater benefits.

(2)

(a) For the purposes of calculating pensionable

emoluments, posts and salary grades with an agency

shall be classified in the most nearly corresponding

grades and incremental levels in the services of the

Government of Malta by reference to job descriptions,

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 Minister

responsible for the agency and one appointed by the

agency. 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 the salaries of employees

in Government service or of employees of the agency.

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

of a Grade 3 in the service of 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 Pensions Ordinance less

favourable than those to which he would have been

entitled prior to such classification.

(f) Without prejudice to any other law, where on the date

of the coming into force of this Act, arrangements

which should have been made with respect to public

officers that have been detailed in terms of any

applicable law have not been finalised, the Prime

Minister may issue regulations with the purpose of

resolving any administrative difficulties that may have

arisen between the time that a public officer has been

detailed.

PUBLIC ADMINISTRATION

The provisions of this Title shall apply to all Government

agencies except in so far as they may conflict with the provisions of

any other law regulating an agency.

Title 3 - Government entities, boards and commissions

Subject to any other law governing a government entity,

the Prime Minister may by Order in the Gazette extend to any such

entity and, or the officers and employees thereof, the applicability

of any of the provisions of this Act which do not already apply

thereto as well as the applicability of any other law applying to the

public service or to public officers.

(1) A government entity which is subject to the direction

and control of a Minister shall, to the extent delegated by that

Minister, be subject to supervision by the appropriate Permanent

S e c r e t a r y, i n w h i c h c a s e t h e P e r m a n e n t S e c r e t a r y m a y b e

empowered to issue directions to the entity and to instruct or advise

Government representatives on the entity’s governing board.

(2) A Permanent Secretary who is supervising a government

entity in terms of subarticle (1) shall ascertain that it is -

(a) working towards the timely and effective fulfilment, in

conjunction with other government entities as

appropriate, of the Minister’s and the Government’s

policy objectives;

(b) being managed according to law, the public

administration values, the Code of Ethics, and

applicable policies and directives governing staff

conduct, management and the use of resources; and

(c) operating economically, efficiently and effectively and

delivering any services to the public to a satisfactory

standard.

(3) In fulfilment of his duties under subarticle (2), a Permanent

Secretary may, in consultation with the relative Minister, establish

targets for the entity and require any information except where this

is precluded by law.

(4) A Permanent Secretary shall report to his Minister on the

performance of the government entities under his supervision.

(1) The Principal Permanent Secretary may extend to

boards and commissions any or all of the directives and guidelines

referred to in this Act, after consultation with the Prime Minister or

with the Minister where the Prime Minister has appointed a

Minister with responsibility for the public administration.

(2) The provisions of article 47 shall mutatis mutandis also

apply with respect to boards and commissions.

(3) The directives and guidelines mentioned in subarticle (1)

and the supervision referred to in subarticle (2) shall apply to

administrative and day-to-day affairs of boards and commissions

without prejudice to the rights and duties of the said boards and

commissions to carry out those functions or roles for which they

are set up.

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(4) In this article, "boards and commissions" includes any

council, committee, panel or similar body not already catered for

by this Act and in any case shall not apply to any commission or

authority established by the Constitution.

(1) There shall be a Standing Committee on Public

Appointments which shall consist of seven members appointed by

the House of Representatives of whom four shall be appointed by

the Government, one of whom shall be appointed as Chairperson,

and the other three shall be appointed by the Opposition.

(2)

Four members of the Committee shall constitute a quorum.

(3)

The Standing Committee on Public Appointments shall

have the power to conduct pre-appointment hearings of persons

nominated for certain public appointments as may be provided by

law from time to time.

(4) The provisions of paragraphs (3) and (4) of Standing Order

120B of the Standing Orders of the House of Representatives shall,

mutatis mutandis, apply to the Standing Committee on Public

Appointments.

(1) Notwithstanding the provisions of any other law, where a

Minister (hereinafter in this article referred to as "the Minister")

intends to nominate a person to be an Ambassador or High

Commissioner or other principal representative of Malta in any other

country, not being a person who is selected from amongst public

officers in the service of the Ministry for Foreign Affairs or a

person who already holds t he post of Ambassador or High

Commissioner or other principal representative of Malta in any

other country, as may be specified by order of the Prime Minister in

the First Part of the Fifth Schedule to this Act, or to hold a post in a

Government Agency, Entity, Board or Commission or to head any

other institution established by law as may be specified by order of the

Prime Minister in the Second Part of the Fifth Schedule to this Act,

then unless the nomination is in respect of a re-appointment, the

Minister shall at least twenty days before he intends that the

appointment should become effective give notice of the proposed

appointment to the Chairperson of the Standing Committee on Public

Appointments (hereinafter in this article referred to as "the

Committee")

Provided that

(i)

the exemption in respect of a nomination consisting of a

re-appointment provided for in this sub-article shall not

apply to persons who are not in the post on the date of

coming into force of this sub-article; and

(ii)

an order which amends the Second Part of the Fifth

Schedule in such a manner as to reduce the posts listed in

the said Second Part of the Fifth Schedule, except in the

case where the sole purpose of such an amendment is that

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of reflecting a change in the name of a post or of an

entity, shall require approval by resolution of the House

of Representatives before it comes into force.

(2)

Upon receipt of the notice referred to in sub-article (1) the

Chairperson of the Committee shall, through the Clerk of the House,

circulate the said notice to all Members of the Committee giving the

members five days to submit any questions in writing to the proposed

nominee. The said questions shall relate to the professional competence,

suitability and background of the nominee and they shall be notified to

the Clerk of the House, who shall notify them to the Minister who gave

notice of the proposed appointment, to the Chairperson and to the

Members of the Committee and to the person nominated who shall have

ten days to reply to the said questions in writing to the Clerk of the

House who shall again circulate the replies as explained above. The

questions and the replies shall, unless the Committee otherwise

decides, be made public.

(3) By not later than the working day immediately following the

expiry of the period of ten days established in sub-article (2) or of the

extension of any such period in the case that the said period has been

extended by the Committee in accordance with sub-article (6), the

Clerk of the House shall transmit the replies submitted by the nominee

to the Minister who gave notice of the proposed appointment, to the

Chairperson and to all the Members of the Committee.

(4) The Committee shall in all cases call the nominee to a hearing

at a meeting of the Committee so that supplementary questions related

to the written replies provided may be put to the nominee. The said

hearing shall be held on a date not later than five days from the

notification to the Committee of the replies to the questions unless the

Committee agrees to another date for the hearing. The said hearing

shall be held in public but the Committee may where it is satisfied that

it is appropriate, decide that the hearing should be held in camera.

(5) Upon the conclusion of the pre-appointment hearing in

accordance with this article the Committee shall, unless it decides that

it needs to discuss or clarify any matter with the Minister give its

advice to the Minister which shall include the content of the form

included in the Third Part of the Fifth Schedule to this Act to which

there shall be annexed a copy of the minutes of the Committee relative

to the hearing

Provided that

(i)

any discussion between the Committee and the Minister

held in terms of this sub-article shall be held during a

meeting of the Committee to take place either in public or

in camera as the Committee may decide;

(ii)

any matter which according to this article is to be

discussed by the Committee shall, notwithstanding any

other law, not be transferred for discussion to another

Committee of the House of Representatives or to the

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whole House unless the Committee by a majority vote of

all its members so decides; and

(iii) the final decision as to whether an appointment which is

subject to the procedure provided in this article is to be

made shall in any case pertain to the Minister.

(6) The Committee may, giving reasons, either on its own

initiative or at the request of the Minister who has given the notice of a

proposal for the appointment, lengthen or shorten any time limit set

out in this article.

(7) The time limits established in this article shall be

suspended during any period when the House of Representatives is

not in session or during which it is adjourned for more than seven

Provided that nothing in this sub-article shall be interpreted

as precluding the Committee, acting upon the unanimous consent of

all its Members, from implementing its functions even at any time

during which the House is adjourned for more than seven days as

above-mentioned.

(8) The procedure provided for in this article shall not apply to

Acting appointments made for a maximum period of up to six

PART IV

MISCELLANEOUS

The Prime Minister may make regulations to give effect to

any of the provisions of this Act and the enforcement thereof, and

without prejudice to the generality of the foregoing such

regulations may provide for

(a) the better management and administration of the

public service, government agencies and government

entities;

(b) the manner in which the accounts and records of

government agencies and government entities are to be

kept;

(c) the manner in which goods and services are to be

procured by any or all government agencies or

government entities, and the procedures to be adopted

in connection therewith;

(d) the sanctions that may be applicable in case of

breaches of the Code of Ethics;

(e) the manner in which public officers shall be detailed,

released, deployed, attached or seconded with agencies

and government entities, and the rights accruing to

such officers, so however that the Prime Minister may,

without prejudice to any vested rights, also issue

regulations with a view to resolving any matter

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outstanding as at the time of the coming into force of

this Act; and

(f) the recruitment in public administration of nationals of

member states of the European Union other than Malta

and nationals of other countries enjoying similar rights

in relation to the free movement of workers

Provided that posts involving the exercise of public

authority and the safeguarding of the general interests

of the State, and particularly those listed herein, may

be reserved for Maltese nationals

(i) posts in the Office of the President, the House of

Representatives, the Prime Minister’s and

Ministers’ Secretariats, the Cabinet Office, and

the offices of the Principal Permanent Secretary

and of Permanent Secretaries;

(ii) the Judiciary, posts involving the preparation of

expert advice in the field of prosecution of

offences or lawmaking, and posts entailing

responsibility for advisory constitutional bodies;

(iii) posts involving the sovereignty of the State,

including diplomatic and foreign representation;

(iv) posts in the Office of the Prime Minister and the

Ministries of Finance, Justice, Home Affairs and

Foreign Affairs;

(v) posts within departments charged with the

protection of the economic interests of the State,

including tax authorities;

(vi) positions in the Senior Executive Service;

(vii) posts in the disciplined forces and offices

responsible for defence matters; and

(viii) posts in the security services and in the field of

civil protection and defence.

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